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
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