Mayor’s Disability Council
Draft Minutes
19 June 2009
1 WELCOME
The meeting was called to order at 1:03 p.m.
2 READING AND APPROVAL OF THE AGENDA
The agenda was approved as read.
3 ROLL CALL
Present: Raphaella Bennin, Benito Casados, Harriet Chiu Chan, Joseph Fong, Tatiana Kostanian, Sarah Estes Merrell, Denise Senhaux, Jul Lyn Parsons, and F. Ross Woodall.
Excused: Elizabeth Grigsby, Vincent Webster.
Mayor’s Office on Disability: Susan Mizner, Director of MOD; John Paul Scott, Deputy Director for Physical Access; Ken Stein, Program Administrator; Raphaella Bennin, Programmatic Access Specialist; Mabel Martinez, Office Manager; Howard O. Wong, Council Clerk.
4 APPROVAL OF THE APRIL AND MAY 2009 MINUTES
The Council approved the minutes from the April and May 2009 meeting.
5 PUBLIC COMMENT
No public comment.
6 REPORT FROM THE CHAIR
Co-Chair Woodall reported on the following:
• In furtherance of the Mayor's Disability Council (MDC) and Executive Committee’s decision to get more involved with other disability organizations in the area, Co-Chair Woodall announced that he was elected to serve on the Muni Access Advisory Council and will solicit input and give suggestions to the M.T.A. about Muni and related activities.
• The MDC encourages the general public to provide nominations to the Awards of Excellence awarded each year to members of the public who have partnered with the city to improve services and improve rights for persons with disabilities. Application forms are available at www.sfgov.org/mod or at MOD at 415-554-6789. The winnders will be announced at the A.D.A. Anniversary Celebration.
7 REPORT FROM THE DIRECTOR OF THE MAYOR’S OFFICE ON DISABILITY
Ms. Mizner reported on the following:
• Mayor Newsom submitted his budget to the Board of Supervisors on June 1. With the City facing a $438 million deficit, the City has closed that gap via both a small increase in revenue ($49.4 million), and large cuts to departments, including:
o the Department of Public Health has given $18.8 million;
o the Human Services Agency ($16.1 million);
o Police Department ($13.7 million);
o Fire Department ($10.4 Million);
o Department of Public Works ($6.4 million); and
o Recreation and Park ($6.3 million).
• At the State level, the Governor has proposed eliminating funding for educational programs such as public universities and grants for students, cutting CalWorks, which provides single mothers with job training while providing childcare for their children, and drastic cuts to In-Home Supportive Services. The cuts would affect tens of thousands if not hundreds of thousands of people who would be forced into nursing homes because of the reduction in IHSS. This is a civil rights violation and will eventually cost the state more money than it saves. People are trying to counter the Governor's proposals with revenue-raising measures instead of making these cuts. IHSS and Healthy Family are the biggest cuts.
• The Recreation and Park Department has gone above and beyond access requirements with its new boundless playgrounds.
• Legislation regarding the fraudulent use of placards passed in the assembly and will be signed into law.
• A San Francisco Weekly article portrayed people allegedly scamming the use of service and support animals. Ms. Mizner says that the real issue is that there are many instances in which people with service animals are discriminated against, and that the community needs education and training.
8 PEER MENTORING PROGRAM – PRESENTATION BY SERGIO ALUNAN, POLICY AND PROGRAM DEVELOPMENT DIRECTOR, IHSS PUBLIC AUTHORITY.
Sergio Alunan discussed the successes of the Peer Mentoring support program, which was launched by the San Francisco IHSS public authority. This program calls upon people with disabilities who have lived independently in the community to pass on their wisdom to those who are newly disabled or institutionalized.
Target populations for the program include those who need help in transitioning to more independent community settings, existing consumers who are having difficulty with issues such as homecare, transportation, housing, self-advocacy, and those who are newly disabled and need to learn how to navigate the system.
The program recruits and trains 17 mentors to provide and support consumers. All mentors receive training, have ongoing support, and have had significant experience with living independently. They also undergo nine-hour training from the Independent Living Resource Center. The program began working with groups like Laguna Honda, Community Living Fund, the Department of Public Health, case managers, and social workers.
The program is now getting referrals from In-Home Supportive Services. Many of these cases involve people who may be going into an institution because they are having difficulty living independently on their own. Since November when the program started, nearly a dozen people who have received peer mentoring have been discharged, and none have gone back into the institution.
Roland Wong, a peer mentor, was present to speak about his experiences with the program and the positive changes it made to a mentee’s independent lifestyle.
9 THE RIGHTS AND RESPONSIBILITIES OF PEOPLE WITH SERVICE OR SUPPORT ANIMALS. PRESENTATION BY MDC MEMBER RAPHAELLA BENNIN.
Councilmember Bennin gave a presentation on the basics of service and support animals. A person with a disability may qualify to use a service or support animal if they benefit from having it. A person has a disability if a mental or physical condition limits a major life activity.
• Service animals:
a. Any animal individually trained to do work or perform tasks
b. Might require service of more than one service animal
c. Examples: dogs, monkeys, birds, miniature horses
d. Services: retrieving items, notifying people with hearing impairments, alerting people with seizure disorders of an oncoming attack, vision disabilities.
• Support animals:
a. Are mainly for people with psychological issues.
b. Support a person by enabling them
Rights are essentially the same for support and service animals. Under the ADA people cannot ask for proof, but under fair employment and housing act, the landlord can require documentation.
• DO NOT:
-Pet or touch without asking
-Feed
-Startle
-Try to separate the animal from its owner
-Forget that not all disabilities are visible
-Charge pet fees
-Let any pets distract
• DO:
-Expect owner to be responsible for animal and that the animal behaves appropriately
PUBLIC COMMENTS:
Luella Harris inquired “if you don’t have proof with you that you have a service animal, where can you go to get this?”
Council Member Bennin responded that if it’s in a public setting, you do not need documentation. You must be able to communicate that it is a service animal. You can get validation through Animal Care & Control if it’s a dog. You can also keep medical verification on you as well.
Charles Esler spoke about how he had to put his dog into protective custody and change phone number due to harassment as the result of the article that was written about him in the San Francisco Weekly. He stated that being able to use his animal is vital to his well-being.
Marty Goddard (the SF Public Library’s ADA coordinator and advocate), noted that at times animals misbehave and damage furniture at the library.
Council Member Bennin responded to Ms. Goddard’s comments that animals may not be dangerous or disruptive. The disability community is being misrepresented by such cases.
Ms. Mizner also responded that it’s not a protected behavior. The challenge is how we have similar standards of behavior for all service and support animals. Required training is far too heavy to impose on people and there needs to be a functional requirement of behavior.
Wendy (unknown last name – no speaker card and no record in transcript) inquired “if I happen to encounter a cat, which I am allergic to, what rights do I have?”
Ms. Mizner responded that the service animal has to be under direct control. The vast majority who has allergies is because they come into contact. Service/support animals can’t jump onto chairs and should keep a distance.
Carol (unknown last name – no speaker card and no record in transcript) inquired “with the dog, is there some way in the library or any other place that the person is asked for ID?”
Ken Stein responded that the ADA is a civil rights law, not an affirmative action law. Both states and feds have laws saying that anything that applies to 504 applies to ADA, and therefore persons with emotional support animals have the same rights and obligations of those with service animals. Emotional service animals have some firm paws to stand on.
Co-Chair Woodall mentioned that he is personally involved in training Muni drivers about the protocol for patrons who have disabilities. Drivers must allow animals on. People can call 311 and file a grievance. Ms. Mizner also said that a passenger can refuse to leave until they get the call number and cab number. It is best to deal directly with company.
10 MDC RESOLUTION ENDORSING MAYOR’S OFFICE ON DISABILITY RECOMMENDATIONS FOR REVISIONS TO ADA TRANSITION PLAN PRIORITIES AT SAN FRANCISCO GENERAL HOSPITAL
John Paul Scott read the resolution (see attached). The MOD has developed the A.D.A. Transition Plan For Facilities to be flexible and responsive to needs and priorities and has integrated the A.D.A. transition plan into the City and County's 10-year capital plan, in which health care facilities have been a high priority, including improving access at San Francisco General Hospital (SFGH). The Master Plan has been delayed due to turnover in project management, and the need to minimize disruption of services within the hospital. Completion of this work will not be until at least 2014, with the new hospital opening in 2015 or 2016. Because of this delay, MOD is coming to the Council to ask for approval in modifying the priorities for barrier removal in San Francisco General Hospital.
The top priority remains the same, but lower tiered priorities change so that we will no longer have accessible restrooms within individual hospital rooms, but have accessible restrooms in the central area of the hospital wing. This is not a shift that is made lightly. However, it is the recommendation from MOD at this time given:
• the project delays that have occurred, (this work will not be completed until at least 2014)
• the enormous disruption to on-going operations with the originally planned locations (if one patient room was taken out, it would be out of service for six months and the room below it would have to be taken out of commission as well.)
• and the short useful life of in-room accessible restrooms (the work would be complete only a year or two before the new hospital opens),
PhAC Chair Howard Chabner suggested delaying a decision on the in-room bathrooms, until we know if the new hospital will stay on schedule and be built in time. He acknowledged that, if it is realistic to expect that, then it doesn't make sense to spend the money to do all of these patient rooms when you're only going to have them for a year or two.
Council Member Casados proposed the resolution so that we could continue to move forward with some level of confidence, at least to get Phase One and Phase Two of our construction moving.
Mr. Chabner said that by voting on the first three phases the council could still hold off the final vote on the issue of the bathrooms and the patient rooms until it was heard from the project people from the new building. Chabner recommended to vote in favor of the resolution as it relates to the first three priorities and then table priorities four and five until after we've had a chance to hear from the people who are involved in the rebuild project.
Co-chair Woodall offered an amendment to the original motion; the Council approved the resolution of priorities One, Two, and Three; and the resolution passed unanimously.
11 APPROVAL OF MDC LETTER TO THE MTA REGARDING DISCONTINUING SERVICES OF THE MUNI ROUTE 89 BUS SERVING LAGUNA HONDA
Council Member Merrell noted that the current bus serving Laguna Honda has no replacement service in place. Laguna Honda would be rendered as an isolated and inaccessible island in the middle of San Francisco. Perhaps a smaller, but more cost-efficient service could be utilized instead? This letter asks that there at least be a replacement before discontinued. Woodall added that the earliest the bus would be discontinued is October 3, 2009. Mizner updated that there is a demand for continued advocacy, and will hopefully have more solid information by the end of the month. All MDC Members were in favor of sending letter (see attached).
12 INFORMATION ITEM: MAYOR’S DISABILITY COUNCIL AWARDS FOR EXCELLENCE – CALLS FOR NOMINATIONS
Co-Chair Parsons discussed the Mayor's Disability Council Awards for Excellence, which are given to individuals or organizations that excel in fighting for disability rights within San Francisco City government programs, services, activities, or facilities, for persons with disabilities. The Council may award up to three awards to individual programs or departments. The deadline for nomination is June 26. For more information, contact the Mayor's Office on Disability.
13 ANNOUNCEMENT OF ADA ANNIVERSARY CELEBRATION AND PRESENTATION OF THE MDC AWARDS FOR EXCELLENCE, FRIDAY JULY 24, 11-1 PM, CITY HALL SOUTH LIGHT COURT.
Co-Chair Woodall encouraged the public to attend the ADA Anniversary Celebration. He noted that this will be an opportunity to reflect on the history of the disability community and the progress it has made. He stated that it is a time to celebrate our achievements and to prepare for new challenges in the future. Also, there will be food and cake!
14 REPORT FROM THE DISABILITY DISASTER PREPAREDNESS COMMITTEE
Council Member Merrell, who serves as the Chair of the Disability Disaster Preparedness Committee (DDPC), reported on the DDPC's efforts to identify resources for people with disabilities after a disaster. She said we can expect that local government may be overwhelmed and the City would need help from community based organizations (CBO's) and disability service providers. Some months back the DDPC had started reviewing draft letters of agreement and memorandum of understandings that could be used by those organizations that were willing and able to help. But then the DDPC realized that it needed to develop a survey as a first step to collect information. Agreements will come later after the City knows more about the organizations and can identify the resources they are willing to offer. A subcommittee of the DDPC met to prepare a brief draft survey which will be sent out to about 90 different community based organizations. She intends to make another report once the survey has been sent and the results have been collected.
15 REPORT FROM THE PHYSICAL ACCESS COMMITTEE
Chair Howard Chabner reported that the Committee discussed the Clean and Safe Neighborhood bonds projects. Karen Mauney-Brodek from the Recreation and Park Department gave a presentation on the two projects, trail reconstruction, and free standing restrooms:
Trail Reconstruction Project - the Recreation and Park Department ranked approximately 26 parks based on three criteria: access, conservation, and safety. The trail project is in the early stages and the total bond money available is $5 million. It's expected that disability access will be significantly improved, though this is dependent on the physical condition of each trail. Recreation and Park will hold community outreach meetings in neighborhoods where the parks are located. Golden Gate Park is not part of this as it is not part of this neighborhood funding.
Free-Standing Restrooms Project - will replace existing restrooms, build new restrooms, or reopen or renovate restrooms that are currently closed. With 28 possible projects, restrooms that are part of a larger building will be evaluated as each of the buildings is evaluated.
Brandon Street Wharf - Dan Hodap, the architect, and Wendy Procter, an architect and the A.D.A. coordinator for the Port, gave a presentation. The project would involve removing Pier 36 and constructing a Wharf near Brandon. The expected budget is about $20 million, of which 20% would come from the parks fund. The project will include a large grassy area about 400 feet long and ranging from 40 feet to 80 feet wide. This area will be accessible at both ends, sloped to meet a raised accessible sidewalk, and a hover load with a kayak launch with an accessible ramp.
16 PUBLIC COMMENT
None
17 CORRESPONDENCE
No correspondence
18 COUNCIL MEMBER COMMENTS AND ANNOUNCEMENTS
Co-Chair Parsons announced that the next Mayor’s Disability Council Meeting will be in September.
19 ADJOURNMENT
The meeting was adjourned by Co-Chair Parsons at 4:00 p.m.
RESOLUTION #2009-02
San Francisco Mayor's Disability Council Resolution
Endorsing Mayor’s Office on Disability’s Recommendations for Revisions to ADA Transition Plan Priorities at San Francisco General Hospital
WHEREAS, the Mayor’s Office on Disability (MOD) has developed the ADA Transition Plan for Facilities to be flexible and responsive to the particular needs and priorities that develop annually, and has integrated the ADA Transition Plan into the City and County’s Ten Year Capital Plan; and
WHEREAS, health facilities have been a high priority for ADA Transition Plan funding, including improving access at San Francisco General Hospital (SFGH); and
WHEREAS, public toilet rooms are currently under construction or complete in the main hospital’s in-patient lobby, outpatient lobby, emergency room lobby, x-ray area and traumatic brain injury teaching facility; and these restrooms will serve to provide a minimum foundation of accessibility for public areas in the existing hospital; and
WHEREAS, the Master Plan for ADA Transition Plan projects for the remaining projects at SFGH has been delayed due to turnover in project management, as well as the need to minimize construction’s disruption of services within the hospital; and
WHEREAS, the current schedule for completion of existing work will not be until at least 2014, with the new hospital opening in 2015 or 2016; and
WHEREAS, in an environment of extremely limited capital resources, the City needs to prioritize access work that will have the longest useful life; and
WHEREAS, MDC and DPW has solicited public input including participation by individuals with disabilities and groups that represent individuals with disabilities in reviewing the challenges for the design and construction of ADA Transition Plan priorities within the existing hospital; and
WHEREAS, MOD, SFGH and DPW have agreed, in principle, to Revisions to the ADA Transition Plan Priorities at San Francisco General Hospital, which are as follows:
Priority 1, Phase 1: Accessible public toilet rooms for each sex on each floor of the existing main hospital, and located near the main bank of public elevators, and, accessible passenger loading zone at Building 80 where certain clinic services are currently located; and
Priority 2, Phase 1: Accessible public patient use toilets and shower facilities within the emergency room areas, that will become family clinic programs; and
Priority 3, Phase 2: Accessible patient use toilet rooms in clinical areas that will be used as patient toilets in future clinic programs; and
The SFGH Rebuilt project will construct three new accessible passenger loading zones to serve the existing and new hospital building; and
WHEREAS, this new schedule will maximize the current and future usefulness of the access projects, will minimize the disruption of services in the active hospital, and will adapt to the current economic limitations the City faces;
NOW THEREFORE BE IT RESOLVED, that the Mayor’s Disability Council Endorses the MOD Recommendations for Revisions to ADA Transition Plan Priorities at San Francisco General Hospital, and recommends that the Department of Public Works and San Francisco General Hospital proceed with the Revisions to the ADA Transition Plan Priorities as detailed in these Recommendations.
____________________________________________________
June 19, 2009 Mayor’s Disability Council – ADOPTED
Ayes: 6 - Jul Lynn Parsons, F. Ross Woodall, Raphaella Benin, Benito Casados, Harriet Chiu Chan, Joseph Fong, Tatiana Kostanian, Sarah Estes Merrell, and Denise Senhaux.
Absent: Elizabeth Grigsby and Vincent Webster.
Mayor’s Disability Council
Gavin Newsom
Mayor
Susan Mizner
Director
Jul Lynn Parsons
F. Ross Woodall
Co-Chairs
Raphaella Bennin
Benito Casados
Harriet Chiu Chan
Joseph Fong
Elizabeth Grigsby
Tatiana Kostanian
Sarah Estes Merrell
Denise Senhaux
Vincent Webster
June 22, 2009
Mr. Nathaniel P. Ford, Sr.
Executive Director
Municipal Transportation Agency
1 South Van Ness Avenue
San Francisco, CA 94103
Dear Mr. Ford:
On behalf of the Mayor’s Disability Council (MDC) of the City and County of San Francisco, we wish to express our dismay and concern over the proposed cancellation of service of the ”89 - Laguna Honda” Muni coach with no replacement service in place. The 89 is the only service for patients, staff and visitors, many of whom use wheelchairs, to climb the arduous hill from Forest Hill Station to Laguna Honda Hospital. Having no public transportation will render Laguna Honda Hospital an isolated and inaccessible island in the middle of San Francisco.
We are most aware of current budgetary shortfalls, and the need for efficiency. However, to curtail service to an institution serving some of the most vulnerable and least mobile citizens of our City and County prior to having alternative service in place is not acceptable. We urge you and the Municipal Transportation Commission to reconsider this decision. Whether Muni serves Laguna Honda with a smaller, more cost-efficient but accessible coach, extends a continuing Muni line to the Hospital, or transitions the service to another entity, it is critical that there be no disruption in public transit service to Laguna Honda Hospital.
The Mayor’s Disability Council joins the Muni Accessibility Advisory Council and the Senior Action Network in urging that accessible transit service to Laguna Honda Hospital be in place before the 89 Route is discontinued.
Most respectfully,
Jul Lynn Parsons F. Ross Woodall
Co-Chair Co-Chair
Mayor’s Disability council Mayor’s Disability Council
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