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HomeMy WebLinkAbout95-07 - Vehicle and Pedestrian Transportation Facilities and Access for Persons with DisabilitiesRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REGARDING THE COSTA MESA VEHICLE AND PEDESTRIAN TRANSPORTATION FACILITIES 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 22, 1992, a Self -Evaluation Report was completed by a Task Force of 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 vehicle and pedestrian transportation system of streets and sidewalks ("streets and sidewalks"); and WHEREAS, On January 25, 1995, the Accessibility Survey and Report for the streets by the Public Services Department staff and engineers ("Survey Report") was submitted to the City Council and such Survey Report identified the physical and structural changes/work to the streets and sidewalks 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 streets and sidewalks, 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 vehicle and pedestrian transportation facilities specified in the Plan have legal and site constraints of the public right-of-way and there is a lack of public funds to purchase or condemn the necessary private property for the public right-of-way. The Plan establishes that the cost to purchase property to provide right-of-way for access improvements to streets and sidewalks 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 vehicle or pedestrian transportation facilities specified in the Plan have legal and site constraints for the relocation of utilities. The Plan establishes that the cost for such relocation would place undue financial and administrative burdens on the City and/or fundamentally alter the nature of the service or facility because the cost exceeds the financial resources of the City. 3. The Plan establishes that the City must continue to make routine maintenance, such as pavement slurry seal, pavement overlays, or sidewalk repair, of any vehicle or pedestrian transportation facility to provide for continued use of the streets and sidewalks by the public. The plan establishes that 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. The cost to render the transportation facilities accessible to disabled persons exceeds $116 million and funds dedicated to streets and sidewalks in the City budget would normally be directed to the maintenance of the streets and sidewalks. Should these funds be redirected to access improvements, the lack of funding for maintenance would render streets and sidewalks unusable to all persons and fundamentally alter the nature of the facility. 4. The Plan and regulations in Administrative Regulation No. 3.13 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 streets and sidewalks; b. Afforded the benefits of the services, programs, and facilities of the City for the streets and sidewalks; and C. Treated equally with all members of the public by the City. 5. The City Council has considered all resources available for use in the funding and operation of the services, programs, and facilities for the streets and sidewalks. The Survey Report, Plan, and public testimony establish that to make the streets and sidewalks accessible would cost in excess of $125,730,000.00. The City's streets and sidewalks were primarily constructed prior to 1970. The City's sidewalks, under Measure C, were constructed prior to July, 1992. 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 streets and sidewalks 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 streets 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. 3.13 provides for improvements and policies for equivalent facilities and priorities for funding of improvements which assure that the programs, services, and facilities provided on the streets and sidewalks 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. 3.13 and the application for and budgeting and expenditure of grant funds and General Funds to implement the Plan to cause the streets and sidewalks 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 Public Services Director is hereby designated as the coordinator for compliance with the Americans with Disabilities Act for the provision of City services, programs, and facilities on the streets and sidewalks. 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,, -F. (Z- �- Deputy Ci Jerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) Mayo of the City of Costa Mesa A ROVED AS 1"0f ORM 7s - CITY s - CITY ATTORNEY 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. 9s - 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: t2'c115o,J� 8uFr=A� 1qO12nJ13ucI1L�J 6 -F -vi S rylDA),4�k,4nJ NOES: ►�0,),E ABSENT: I o Nr 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. -77 Deputy City,,lerk and ex -officio Clerk of the City CotWcil of the City of Costa Mesa