HomeMy WebLinkAbout95-06 - Costa Mesa Parks and Recreation Facilities, Access for Persons with DisabilitiesRESOLUTION NO. ��-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, REGARDING THE
COSTA MESA PARKS AND RECREATION FACILITIES
AND ACCESS FOR PERSONS WITH DISABILITIES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AND FIND 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, in April, 1993, a self-evaluation report for the City's park and recreation
facilities was completed by a Community Services Department ADA Task Force for the City of
Costa Mesa ("City") at the direction of City Council; and
WHEREAS, on January 25, 1995, the accessibility survey and report for the City's park
and recreation facilities ("Survey Report") was submitted to City Council and such Survey
Report identified the physical and structural changes/work to the parks and recreation facilities
to make them accessible to disabled persons; and
WHEREAS, on January 25, 1995, City Council opened and conducted a noticed public
hearing and received public comment on the Survey Report; and
WHEREAS, on January 25, 1995, the Task Force presented to City Council the
Transition and Capital Improvements Plan ("Plan") for the City parks and recreation facilities
and 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 City Council, the City Council of the City of Costa Mesa does hereby find as
follows:
1. A majority of the City's parks and recreation facilities were developed before
1970, have undersized restrooms, contain topography with slope conditions and will require
construction involving the moving of walls and regrading of land and repouring pathways to
make them in compliance. The Survey Report establishes that the cost to provide access to these
facilities by January 26, 1995, 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 Survey Report establishes that the City will make renovations over a five (5)
year time period. The Survey Report 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. Should these funds be redirected to access
improvements, the lack of funding for other parks and recreation programs could cease and
fundamentally alter the nature of the parks and recreation programs provided by the City.
3. The Plan and regulations in Administrative Regulation No. 3.15 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 parks and recreation;
b. Afforded the benefits of the services, programs, and facilities of the City
for parks and recreation; 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 parks and recreation program.
The Survey Report, Plan and public testimony establish that to make the parks and recreation
facilities accessible would cost in excess of $2,386,500. The cost of repair to the City's streets
and sidewalks for access will cost $125,730,000. The parks were primarily constructed prior
to 1970. The City's parks and recreation access improvement costs will exceed funds budgeted
for parks and recreation programs. 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
parks and recreation facilities 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 worker's 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, streets and sidewalks exceeds the City's annual
budget and future estimated budgets to such an extent that to fund all the 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. 3.15 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 parks and recreation
facilities 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.
3.15 and the application for and budgeting and expenditure of grant funds and General Funds
to implement the Plan to cause the City parks and recreation facilities 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 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 parks and recreation facilities.
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 City Council 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:
T q'e'� -
Deputy City C rk of the City of Costa Mesa
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
Mayo f the City of Costa Mesa
P OVED AS TO FORtA
CITY ATTOR"IE-Y
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. q5-4
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: SRI _j._ ord, 13uFFA� ORI►�t3u�ILL�� ENIS) �NANAn)
NOES: 0 a fJE
ABSENT: NJ ow 15
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.
�ah� T
. (a�- ��
Deputy Cit Jerk and ex -officio Clerk of
the City Council of the City of Costa Mesa