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Mayor’s Disability Council
Minutes
20 November 2009
1 WELCOME
The meeting was called to order at 1:12 p.m. by Co-Chair Parsons.
2 APPROVAL OF THE AGENDA
The Agenda was read by Clerk Martinez.
3 ROLL CALL
Present: Raphaella Bennin (via the Bridge Line), Harriet Chiu Chan, Tatiana Kostanian, Denise Senhaux, and Jul Lyn Parsons.
Excused Absence: Benito Casados, Joseph Fong, Elizabeth Grigsby, Sarah Estes Merrell, and F. Ross Woodall
Absent: Vincent Webster
Mayor’s Office on Disability: Susan Mizner, Director; JohnPaul Scott, Deputy Director for Physical Access; Ken Stein, Program Administrator; Carla Johnson; Karma M. Quick, Programmatic Access Specialist; and Mabel Martinez, Council Clerk.
4 APPROVAL OF THE 2009 MINUTES
The Council could not approve the minutes due to lack of a quorum.
5 PUBLIC COMMENT: Items not on today’s agenda.
Ethel Hayes said that it is difficult to live on Social Security Disability alone, particularly with cuts to health care and having a family to support.
6 INFORMATION ITEM: Report from the Chair
Chair Parsons reminded the audience that the Council is unique in that it has a time limit for its monthly meetings, unlike other city councils. She also thanked the Mayor’s Office on Disability for its work despite illness and understaffing in the office and noted that MOD especially encourages the council members to be proactive advocates in the community. Co-chair Parsons sent well-wishes to council members who were unable to attend the meeting.
Director Mizner reported that MUNI has released its training and awareness video about service to blind and low vision riders. This video was produced as part of the Blind and Low Vision Awareness and will conclude today’s meeting.
7 INFORMATION ITEM: Report from the Director of the Mayor’s Office on Disability.
Director Mizner reported on the following items:
- The severe cuts to IHSS services and benefits to people with disabilities have been suspended, at least temporarily, by the courts. This doesn’t include the requirement that providers and consumers undergo background checks and finger-printing for each pay period.
- The budget forecast includes a $522 million deficit at the local level and a $20-plus billion deficit at the state level. The Director encouraged the disability community and its leaders to think creatively in terms of distributing resources.
- The Mayor’s Office on Disability now has accounts on both Twitter and Facebook.
- There is now information on the MOD web site regarding accessible meeting locations in each city district.
- A class action lawsuit against the City regarding the accessibility of sidewalks in San Francisco is up for a proposed settlement that would require the city to spend $4 million annually on curb cuts. Those who fit within the definition of the class may choose to opt out of the settlement.
- There will be a special meeting of the Council with the Small Business Commission on November 30, 2009. The purpose of the meeting is to review SB 1608, state legislation that is intended both to increase the accessibility of businesses throughout Calirofnia, and reduce frivolous access lawsuits.
8 INFORMATION ITEM: Major MUNI Changes Effective December 5 th.
There will be service changes to nearly half the bus lines on the MUNI System on December 5. Some segments of routes will be eliminated; some will be shortened or changed. MUNI requested the aid of the MDC to alert the disability community about these changes. MUNI is also running a campaign with brochures, posters, and alerts at bus stops. Of note to the disability community is the 89 line, which runs between Laguna Honda and the Forest Hill MUNI station. The 89 has been discontinued, but a shuttle van has been arranged in collaboration with Laguna Honda itself. It will run every 30 minutes from 6:30 a.m. to 6:30 p.m. and is free of charge. The shuttle does not run on the weekends but MUNI is working with Laguna Honda to resolve this issue.
Roland Wong commented that he was happy with the initial trial run of the Laguna Honda shuttle and felt safe and secure in his power wheelchair on the bus. However, he is surprised that the service has been reduced to five days a week from seven days. This is a concern about the coming holidays and he hopes that there will be continued service on the weekends as well so that visitors and residents are able to travel to and from Laguna Honda.
Bob Planthold suggested that the 36 bus be used as an alternative to the lack of service to Laguna Honda on the weekends, particularly if MUNI could change the weekend route slightly. On another topic he also suggested that MUNI increase revenue by increasing parking fees and charging street parking meters until 11:00 p.m., as it currently does for the Port of San Francisco.
Councilmember Bennin, speaking on the Bridge Line, thanked MUNI for its efforts and expressed her appreciation for their service. She mentioned that MOD has posted MUNI change information on both Facebook and Twitter and sent information out via its mailing list as well.
Co-Chair Parsons stated her concern that there was no on-call system and suggested that one be put into place using text-messaging services. Additionally, she remarked on the fact that only two wheelchair-users could fit into the vans to Laguna Honda, which could prove problematic in the event a meeting is to be held there where more than two wheelchair-users would be present and need to use this shuttle service.
9 INFORMATION ITEM: IHSS Cuts Update
Donna Willmott of CRCL reported that Judge Claudia Wilkins ruled that the Schwarzenegger Administration is in contempt of court for continuing to use the Functional Index Code in IHSS cuts. The State must also set up a consumer hotline. The case has been appealed to the California Court of Appeal and may take another six to twelve months to progress.
Additionally, consumers and providers will both need to be fingerprinted. Providers will have to have background checks conducted. Fingerprinting is free for consumers but will cost providers $70. Persons with felony or “serious misdemeanor” convictions, particularly in child or elder abuse, may not be providers. This may prevent some providers from taking care of family members or friends who are IHSS consumers. This requirement also violates City and County employment policies and violates what should be the right of IHSS consumers to choose who their provider is.
The State is now mandating spontaneous home visits to oversee the IHSS program. Consumers who do not comply with the spontaneous visits will lose services indefinitely. Ms. Wilmott also commented on the IHSS share of cost, which has been entirely eliminated. The state has changed its standards so that some will have to pay a higher share of cost for such services.
Ethel Hayes expressed her concern about IHSS workers with whom she’s had experience.
Chair Parsons asked Ms. Wilmott whether green-card holders (non-citizens) are allowed to be IHSS workers. This was not able to be determined at the time, but preventing them from doing so would have a chilling effect on the immigrant community as all providers and consumers are to be finger-printed and would be reluctant to come forth to the government to provide or obtain these services.
Councilmember Kostanian commented that these changes will break the trust people have placed in state programs and services. Ms. Wilmott replied that this would ultimately force more people with disabilities into institutions. She said this would be unlawful, unjust, and more costly than the IHSS program is now.
10 INFORMATION ITEM: Presentation on the Better Streets Plan.
Adam Varat of the Planning Department presented a draft of the Better Streets Plan to the Council. The Plan’s purpose is to have all city agencies that have jurisdiction over the public right-of-way work together to create a better design and have better use of sidewalks, streets, and public ways for all members of the public. The Plan will incorporate universal design, which encompasses accessible design because it meets the needs of all users rather than meeting minimum legal requirements. Currently the plan revisions are being released and informational hearings are being held across the city. The final draft of the plan will be released in early 2010, with hearings for members of the general public and adoption hearings held by the Board of Supervisors.
Co-Chair Parsons commented on the effective collaboration of multiple city agencies on this project.
Ethel Hayes commented that the removal of picnic tables and park benches violated the rights of the poor.
Councilmember Bennin asked how the Plan will work with high-volume traffic areas that are fewer than six feet wide, such as sidewalks in front of City Hall. She asked how wheelchair users will be able to access such sidewalks from their vehicles. Mr. Varat replied that those developing the plan will keep this and other accessibility issues in mind, such as space for wheelchair-users to exit their vehicles safely.
Councilmember Senhaux asked about the plans for installing accessible pedestrian signals. Mr. Varat replied that MTA will be installing these as improvements to the existing signals over time, or as scored or ranked based on public requests.
Councilmember Kostanian asked whether the plan includes wider parking lanes for people with disabilities who need more room between the traffic lanes and parking lane for entering and exiting their vehicles. Director Mizner noted this is of particular concern for wheelchair users who drive using hand controls and who need more space at the parking lane to transfer between their wheelchair and car seat. Mr. Varat responded that for each neighborhood there are different suggestions for traffic-calming strategies and minimization of risk to people with disabilities.
Chair Parsons asked how long the plan will take to complete and when it will be formally adopted. Mr. Varat replied the process will take approximately three or four months from public hearings to the adoption process and actual adoption.
11 INFORMATION ITEM: Draft Ordinance Prohibiting Smoking in Enclosed Areas, Certain Unenclosed Areas, and Sports Stadiums.
Supervisor Mar has drafted and proposed this legislation. Lin-Shao Chin of Supervisor Mar’s office introduced Alyonik Hrushov, from the Tobacco Free Project. Ms. Hrushov said the current legislation regarding second-hand smoke is out of date and needs to be updated. San Francisco falls behind other Bay Area cities in second-hand smoke protection. This legislation recognizes that this is a civil rights issue for people with disabilities who have illnesses adversely affected by second-hand smoke, and this legislation attempts to ensure peoples’ equal protection under law. Second hand smoke in the public arena prohibits those people’s ability to be able to work, live, or socialize. This legislation would afford greater protection to this population.
Second hand smoke third leading cause of preventable death, with active smoking number one. Following the 1994 smoking restrictions, the smoking rate in San Francisco has decreased significantly and is currently at 12.5 per cent. Deaths resulting from smoking were reduced by 12 percent in the City from 2000 to 2004. More recent studies reveal that even short term exposure may cause damage to cardiovascular systems, while damage to the aorta, blood vessels and coronary arteries may occur after 20 minutes of exposure to second hand smoke. This increases the risk of lung cancer 20-30% and the risk of heart attack 25-30%. In addition, we now know that people may develop new cases of asthma, heart and lung disease, sudden infant death and breast cancer in premenopausal women.
The first area of the law will affect hotels and motel lobbies, including SRO hotels. Smoking rooms must make up no more than thirty-five per cent of the rooms in the hotel under state law but this legislation would require 75 per cent of hotel space to be smoke-free. A modification to current legislation would ban smoking in bars except for existing bars approved as owner-operated by December of 2008. These businesses will be grandfathered in unless they are in a mixed use building. Tobacco shops are currently exempt from smoking legislation, unless they too are in a mixed-use building.
The legislation will also ban outdoor smoking in restaurants serving food outside or in public service areas such as the line at an ATM at a ballpark. It would also ban smoking at farmer’s markets. Smoking would also be banned 15 feet from the entryway or to the curb of the street.
Chair Parsons commented that she would like to see the legislation be as broad as possible in terms of those covered and in what places it will be enforced. Chair Parsons also inquired as to whether medical marijuana is covered by this legislation. Ms. Hrushov replied that it is not. Additionally, persons who smoke in their apartments but out an open window are considered to be smoking in an enclosed area. Another point of note is that MUNI’s current ban on smoking at bus stops will expand to cover 20 feet from the stop and the homeless shelters also have a ban on smoking inside.
There was no public comment.
Director Mizner commented that the Council should consider having a resolution regarding the smoking legislation on the December Agenda.
12 INFORMATION ITEM: Report by the Physical Access Committee.
JohnPaul Scott gave the report of the Committee.
- The Committee met on November 13, 2009 at 1:30 pm in City Hall room 421, and the meeting was well attended by both Council members and members of the general public.
- The first item was a report on the ten-year capital funding for curb ramps. The budget has yet to be reviewed by the Board of Supervisors and by the Mayor’s Office. This past year, the Mayor’s Office on Disability had $5 million available from gas tax certificates of participation for curb ramp repair and installation. Funding also comes from sources other than the general fund, such as Prop K, bonds and state funds.
- The Department of Public Works has issued a new street repaving policy that clarifies the obligation to build curb ramps in conjunction with street repaving.
- MOD presented its 10-year capital plan for ADA transition and proposed funding for projects for fiscal year 2011. The plan will extend for another year because of the budget crisis and the delaying of other projects
- There was also a presentation by Brain Bannon, the chief of library branches. The $105,900,000 SF Branch Library Improvement Bond has newly built 4 branches and modified at least eight branches to be accessible for people with disabilities. Another Two new libraries and 10 altered libraries are under design and or construction.
- The North Beach branch of the Library was also brought to the agenda as an item of concern, as it is not accessible and there has been significant delay in making it an accessible branch. There is discussion of landmarking the building, tearing it down, and rebuilding the branch to make it accessible for all, and this will be on future meeting agenda for the Committee.
- No meeting will be held in December 2009. The next meeting will be held on January 9, 2010 from 1:30 to 3:30 p.m. in room 421. The agenda will include accessible signage at San Francisco General Hospital and updated information on ADA Transition Plan projects there as well.
13 INFORMATION ITEM: Report of the Disaster Preparedness Committee
Director Mizner gave the report of the Committee.
- MOD will be with community based organizations to develop Statements of Understanding to work with the Mayor’s Office on Disability in the event of a disaster. These would include sign language interpreters, care providers, CART service providers, and other disability service providers who can respond to the disability community in a disaster.
- The next meeting date is TBD, as there will be no December meeting and the first Friday of the month is a holiday.
14 PUBLIC COMMENT: Items not on today’s agenda, but within the jurisdiction of the MDC.
Walter Paulson thanked the Council for the work it does on behalf of the disability community. He announced that he will try for his 43rd gold medal at the Special Olympics the following day.
15 DISCUSSION ITEM: Correspondence.
There was no correspondence.
16 DISCUSSION ITEM: Councilmembers’ Comments and Announcements.
Councilmember Chan announced that there will be a workshop and Christmas party for the Association of Chinese Families of the Disabled on December 12th from 10:00 a.m. to 12:30 p.m.
The MUNI video regarding awareness of service to blind and low-vision MUNI riders was shown.
17 ADJOURNMENT
The meeting was adjourned at 4:14 PM.