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HomeMy WebLinkAbout96-78 - Exemption from ADA Accessibility Guidlines & CA Disabled Access Regulations for Costa Mesa Tennis ClubRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AN EXEMPTION FROM THE ADA ACCESSIBILITY GUIDELINES AND CALIFORNIA DISABLED ACCESS REGULATIONS FOR AN EXISTING PATH -OF -TRAVEL TO THE COSTA MESA TENNIS CLUB AT 880 JUNIPERO DRIVE, COSTA MESA. 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. Section 12131 et seq.) applies to public entities and prohibits discrimination in the provision of services, programs, or activities 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, the Public Services Department of the City of Costa Mesa ("City") completed a self-evaluation and prepared a plan for improvements to the sidewalks, curbs, parking lot, bathrooms, and related structures at the Costa Mesa Tennis Club ("Plan"), located at 880 Junipero Drive, Costa Mesa, and such Plan was tiled with the City Clerk and submitted to the City Council, and it preliminarily determined that access improvements for the disabled are needed as part of the alterations and improvements to the sidewalks, curbs, parking lot, bathrooms, and related structures at the Costa Mesa Tennis Club to be commenced prior to August 31, 1996 ("Project"); and WHEREAS, on August 5, 1996, the City Council received public comments on the Plan and Project at a public hearing; and WHEREAS, based on the Plan and public testimony received at the public hearing, the City Council hereby finds as follows: 1. The Project, at a cost of less than $87,000.00, will increase access for the disabled and provide parking spaces, an accessible entrance, and bathroom facilities for the disabled within the Project area by utilizing existing public property. 2. The cost to retrofit the path -of -travel between the Project and the nearest bus stop, a distance of one mile, will exceed $50,000.00 and such path -of -travel is scheduled to be retrofitted when the adjacent streets are upgraded. 3. Retention of the existing path -of -travel would not decrease or have the effect of decreasing the accessibility or usability of the Project and existing pedestrian areas, elements or facilities, and the Project would still be accessible to the disabled and provide sufficient parking spaces and an entrance area with safe access to and from and around the Project area. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa Mesa does hereby resolve as follows: 1. The Plan for improvements to the Costa Mesa Tennis Club and related improvements to access for the disabled are hereby approved. 2. Based on the findings in this resolution, an exemption from the Uniform Federal Accessibility Standards and Americans with Disabilities Act Accessibility Guidelines is hereby granted pursuant to 28 CFR Section 35.150, for the existing path -of -travel identified in the Plan which is incorporated herein by this reference. 3. Based on the findings in this resolution, a hardship exception from the California Building Standards Code specifying access for the disabled regulations pursuant to Government Code Sections 4451(f), 4452(h), and 24 CCR Section 422(c) is hereby granted for the existing path -of -travel identified in the Plan which is incorporated herein by this reference. PASSED AND ADOPTED this 5th day of August, 1996. ATTEST: Deputy City rk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) May f the City of Costa Mesa PPROVED TO FO CIT TTORNEY 1*# 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. & - %f was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 5th day of August, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 6th day of August, 1996. 7. Deputy City Jerk and ex -officio Clerk of the City Council of the City of Costa Mesa Fairview Road/Arlington Drive ADA Estimates June 19, 1996 Retrofit Areas on Fairview Road The only area on Fairview Road which needed retrofitting was the northeast corner at Arlington Drive. This location has two (2) non -ADA wheelchair ramps. Repair Areas on Fairview Road T'hcre is one location which needs to be repaired on Fairview Road. It is located in front of Costa Mesa High School where a tree has lifted the sidewalk about 4 inches. This area needs to be repaired and a deep root barrier installed. Retrofit Areas on Arlington Drive At the northwest and northeast corners of Arlington and Junipero Drives, wheelchair ramps need to be constructed. One is an existing ramp which does not meet standards, the other one has a curb cut but there is no existing sidewalk. Repair Areas on Arlington Drive There are various locations along Arlington Drive which are in need of repair, including curb and gutter, sidewalks and driveway approaches. Construct New Sidewalk on Junipero Drive The east side of Junipero Drive has no sidewalk from Arlington Drive to the Costa Mesa Tennis Club. Construct New Sidewalk at Tewinkle Park Parking Lot on Arlington Drive The existing parking lot at this location is paved in asphalt. There is no existing concrete sidewalk. A new sidewalk would have to be constructed in front of the existing wheel stops in this location in order to connect the existing sidewalks from Costa Mesa High School to Tewinkle Park. ENGINEER'S ESTIMATE (includes new sidewalk construction) Remove and replace concrete driveway Install deep root barrier 600 s.f. $ 7.00 $ 41200.00 16 Lf. $ 10.00 $ 160.00 grand total $ 509855.00 Prepared by City of Costa Mesa 6/19/96 m m �m �mz m -4 T III III IIIII I IN N IIN I �NINE w III IIN Ni n i iNi i n mi�i0mmn n u�ll m m �m �mz m -4 T