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HomeMy WebLinkAbout95-08 - Costa Mesa Fire Stations and Access for Persons with DisabilitiesRESOLUTION NO. Q4i7- 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REGARDING THE COSTA MESA FIRE STATIONS AND ACCESS FOR PERSONS WITH DISABILITIES. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Title II of the Americans with Disabilities Act of 1990 ("ADA"); 42 U.S.C. Sections 12131 et seq.) applies to public entities and prohibits discrimination in the provision of services, programs, or facilities by a public entity based on a person's disability; and WHEREAS, California Government Code Section 4450(a) requires that all public buildings, structures, sidewalks, curbs, and related structures constructed after July 1, 1970, be accessible to and usable by the physically handicapped; and WHEREAS, on June 16, 1992, a Self -Evaluation Report was completed by a Fire Department ADA Task Force for the City of Costa Mesa ("City") at the direction of the City Council, and such Report was filed with the City Clerk and submitted to the City Council, and it preliminarily determined that access improvements were needed for the Costa Mesa fire stations; and WHEREAS, On January 25, 1995, the Accessibility Survey and Report for the fire stations by the Fire Department staff ("Survey Report") was submitted to the City Council and such Survey Report identified the physical and structural changes/work to the fire stations to make it accessible to disabled persons; and WHEREAS, on January 25, 1995, the City Council opened and conducted a noticed public hearing and received public comments on the Survey Report; and WHEREAS, on January 25, 1995, the Task Force presented to the City Council the Disabled Access Transition and Capital Improvements Plan ("Plan") for the fire stations, and the City Council considered the Plan at a public hearing, and received public comment on the Plan; and WHEREAS, based on the Survey Report, Plan, and public testimony received at public hearings by the City Council, the City Council of the City of Costa Mesa does hereby find as follows: 1. The four fire stations specified in the Plan are not normally visited by the public except for tours by school children, and occasionally used as voting places. Three of these four fire stations were built before 1970, have undersized restrooms, and will require construction involving the moving of walls to make them in compliance. The Plan establishes that the cost to provide access to these stations would place undue financial and administrative burdens on the City and/or fundamentally alter the nature of the service or facility because such cost exceeds the financial resources of the City. 2. The Plan establishes that the City will make structural allocations to these four fire stations only at the time other major structural renovations occur in the future. The Plan establishes that to advance this repair work to a sooner time period, the cost of construction of accessibility improvements would place undue financial and administrative burdens on the City and/or fundamentally alter the nature of the service or facility. Should these funds be redirected to access improvements, the lack of funding for other fire service programs would fundamentally alter the nature of the fire service programs provided by the City. 3. The Plan and regulations in Administrative Regulation No. 3.14 provide for access improvements and policies which provide equivalent facilities and assure that persons with disabilities are: (a) Included in the participation in the services, programs, and facilities of the City for the fire stations. (b) Afforded the benefits of the services, programs, and facilities of the City for the fire stations; and (c) Treated equally with all members of the public by the City. 4. The City Council has considered all resources available for use in the funding and operation of the services, programs, and facilities for the City fire stations. The Survey Report, Plan, and public testimony establish that to make the fire stations accessible would cost in excess of $66,100.00. The cost of repair to the City's streets for access would be $125,730,000.00. Three of the four station access improvement costs will also exceed the Department budget. The City's Program Budget for fiscal year 1994-95 establishes that resources are not available to complete all of the access improvements to the City fire stations by January 26, 1995. The City has been forced by Federal, State, and County mandates to expend over $7 million of scarce public funds on such mandates. The State of California continues to shift tax funds from the City to the State. The economy in Orange County continues to reduce the tax funds available to the City for services, programs, and facilities. The Orange County bankruptcy has disrupted public finances for a substantial portion of public agencies in Orange County. The City's reserve funds are allocated for emergencies, operating cash flow fluctuations, and liability and workers' compensation self-insurance funds. The City has reduced its operating budget and number of employees due to these fiscal conditions to the minimum necessary to protect the public's health, safety, and welfare. These fiscal conditions are expected to continue through January 26, 1995. The cost of the access work on the fire stations, parks, street, and sidewalks exceeds the City's annual budget and future estimated budgets to such an extent that to fund all access improvements would substantially and adversely impact on the City's ability to provide essential services to protect the health, safety, and welfare of its citizens and residents; and WHEREAS, the Plan and regulations in Administrative Regulation No. 3.14 provides for improvements and policies for equivalent facilities and priorities for funding of improvements which assure that the programs, services, and facilities provided at the fire stations are accessible to and usable by persons with disabilities to the maximum extent feasible and in the most expeditious manner; NOW, THEREFORE, the City Council of the City of Costa Mesa does hereby resolve as follows: 1. The Plan is hereby approved and the City Manager is hereby authorized to take all necessary steps including, but not limited to, the adoption of Administrative Regulation No. 3.14 and the application for and budgeting and expenditure of grant funds and General Funds to implement the Plan to cause the City fire stations to be accessible to persons with disabilities as provided in the Plan, provided however, that the expenditure of funds pursuant to the Plan shall be approved by resolution of the City Council. 2. The City Manager is hereby designated as the coordinator for compliance with the Americans with Disabilities Act for the provision of City services, programs, and facilities at the City fire stations. 3. Based on the findings in this resolution, an exemption from the Uniform Federal Accessibility Standards and the Americans with Disabilities Act Accessibility Guidelines is hereby granted, pursuant to 28 CFR Section 35.150, for those existing facilities identified in the Plan which is incorporated herein by this reference. 4. Based on the findings in this resolution, a hardship exception from the California Building Standards Code specifying disabled access regulations, pursuant to Government Code Sections 4451(f) and 4452(b) and 24 CCR Section 422(c), is hereby granted for those existing facilities identified in the Plan which is incorporated herein by this reference. 5. The City Manager is directed to provide the City Council with a status report on the implementation of the Plan on July 1, 1995, and an annual report thereafter. PASSED AND ADOPTED this 25th day of January, 1995. ATTEST: I. Deputy City 6 lerk of the City of Costa Mesa 11� S-W�� May of the City of Costa Mesa ROVED AS TO FORM CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. ?5- S was duly and regularly passed and adopted by the said City Council at a special meeting thereof held on the 25th day of January, 1995, by the following roll call vote: AYES:Eq� e 1150 Ij u �FA� �—1 D Ph) 13 ULA�Lcz � 6—EA)'S� X0A),414,4Al NOES: 60�jE ABSENT: I O A%C IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 26th day of January, 1995. �U� Deputy City lerk and ex -officio Clerk of the City Council of the City of Costa Mesa