HomeMy WebLinkAbout97-06 - Rehabilitation Project from Paularino Channel to Baker Street without Construction of ADA ImprovementsRESOLUTION NO. q7- (o
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, FINDING AN
EXEMPTION FROM THE AMERICANS WITH DISABILI-
TIES ACT (ADA) ACCESSIBILITY GUIDELINES, AND
CALIFORNIA ACCESS REGULATIONS FOR DISABLED
PERSONS, FOR CONSTRUCTION OF THE FAIRVIEW
ROAD REHABILITATION PROJECT FROM THE
PAULARINO CHANNEL TO BAKER STREET WITHOUT
CONSTRUCTION OF ADA IMPROVEMENTS AND
PARKWAY REPAIRS.
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 (the
"City") completed a self-evaluation and prepared a plan for rehabilitation of pavement
of Fairview Road from the Paularino Channel to Baker Street (the "Plan"), and such
Plan was filed with the City Clerk and submitted to the City Council, and includes full
removal and reconstruction of asphalt concrete paving within the Fairview Road right-
of-way from the Paularino Channel to the north end curb return of Baker Street (the
"Project"); and
WHEREAS, the City has completed the design of the Fairview Road and Baker
Street Intersection Widening Project (the "Widening Project") which includes ADA
improvements and parkway repairs, and has applied for Measure "M" funding in
December, 1996, for construction of the Widening Project; and
WHEREAS, on January 20, 1997, 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 cost of $532,000.00, will provide for pavement rehabilitation
and preserve existing sidewalks, driveways, and access ramps for the disabled
within the Project area by utilizing existing public right-of-way;
2. The cost to meet ADA requirements throughout the limits of the Project
is estimated at $78,000.00.
3. The Widening Project would require removal and reconstruction of any
ADA improvements and parkway repairs constructed with the Project;
4. The Widening Project includes improvements in full compliance with ADA
requirements;
5. Retaining the existing sidewalks, driveways, and access ramps
throughout the Project 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 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 take the following actions:
1. The Plan for rehabilitation of pavement on Fairview Road from the
Paularino Channel to Baker Street is 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 Code 28 of Federal
Regulations Section 35.150, for the proposed Project without construction of
ADA improvements and parkway repair.
3. Based on the findings in this resolution, a hardship exemption from the
California Building Standards Code specifying access regulations for the
disabled pursuant to Government Code Sections 4451(f) and 4452(h), and
California Code 24 of Regulations Section 422(c), is hereby granted for the
proposed Project without construction of ADA improvements and parkway
repair.
PASSED AND ADOPTED this 20th day of January, 1997.
Mayor of the City sta Mesa
ATTEST:
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Deputy City Q&rk of the City of Costa Mesa MOVED AS TO FORM
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CITY ATTORNEY
STATE OF CALIFORNIA 1
COUNTY OF ORANGE 1 ss
CITY OF COSTA MESA 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. 97- � was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof, held on the 20th day of January, 1997, by the
following roll call vote:
AYES: Bulla, Monahan, Erickson, Somers
NOES: None
ABSENT: None
ABSTAINING: Cowan
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 21st day of January, 1997.
Deputy City erk and ex -officio Clerk of
the City Council of the City of Costa Mesa