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HomeMy WebLinkAbout93-102 - Civic Center - Access for Persons with Disabilitiesr0§04 RESOLUTION NO. 93-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REGARDING THE COSTA MESA CIVIC CENTER 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. 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, on June 22, 1992, a Draft Transition and Self -Evaluation Report was completed by a Task Force of the City of Costa Mesa ("City") officials at the direction of City Council, and such Report was filed with the City Clerk and submitted to City Council, and it preliminarily determined that access improvements were needed at the Costa Mesa Civic Center ("Civic Center"), 77 and 99 Fair Drive, Costa Mesa California; and WHEREAS, on March 1, 1993, the Accessibility Survey and Report for the Civic Center by SGPA Architecture and Planning ("SPGA Report") was submitted to City Council under City Attorney Report No. 93-23, and such SGPA Report identified the physical and structural changes/work to the Civic Center to make it accessible to disabled persons; and WHEREAS, based on the SGPA Report, the City Council directed the City Manager to immediately commence work to bring the path of travel to and the interior of the City Council Chambers at the Civic Center into compliance with the ADA and State access regulations, and such improvements have been substantially completed; and WHEREAS, on June 30, 1993, the various departments and offices of the City completed a program accessibility, existing facilities and communications self-evaluation survey ("Survey Report"), dated June 30, 1993, was submitted by the Task Force to City Council which summarized the findings of the Task Force on the results of the Survey; and WHEREAS, on July 6, 1993, City Council opened and conducted a noticed public hearing and received public comment on the Survey Report and SGPA Report, and City Council continued the public hearing on September 7, 1993, and directed that the SGPA Report and Survey Report be considered at a public hearing by the City Access Appeals Board ("Board") which Board contains members who are persons with disabilities; and WHEREAS, on August 3, 1993, the Board held a noticed public hearing and received public comment on the Survey, Survey Report and SOPA Report and made recommendations on such Survey and Reports to City Council; and WHEREAS, on September 7, 1993, City Council conducted a noticed public hearing and received public comments on the Survey, Survey Report and SGPA Report and received the recommendations on the Board and City Attorney Report No. 93-72 and Agenda Report dated July 1, 1993; and City Council approved preliminary priorities for retrofit work on the Civic Center, approved preliminary policies for program, services and communication accessibility at the Civic Center, and directed that the final transition plan and capital improvements plan for the Civic Center be prepared; and WHEREAS, on December 20, 1993, the Task Force presented to City Council the Disabled Access Transition and Capital Improvements Plan ('Plan') for the Civic Center and 305, ijor City Council considered the Plan at a public hearing and received public comment on the Plan; and WHEREAS, based on the SGPA Report, Survey, Survey Report, Plan and public testimony received at public hearings by City Council and the Board, the City Council of the City of Costa Mesa does hereby find as follows: 1. The Communication facility is not intended, nor is it necessary, for it to be open to the public. This facility could be a restricted access facility for security reasons due to the communication services provided to Police and Fire units. To render the facility accessible would be an undue financial and administrative burden and fundamentally alter the nature of the 9-1-1 service at that location. The cost of a retrofit is estimated to exceed $30,550.00. 2. Stairwells in City Hall and Police facility are intended and used only as emergency exits. Due to the structural limitations of the buildings and stairwells, the stairways could not be made 100% accessible. To make the stairways accessible would cause undue financial and administrative burdens. Substantial and costly structural changes to the stairwells in City Hall and Police buildings would be needed. The cost of the retrofit would exceed $217,030.00. Use of emergency equipment and staff policies for their use will provide equivalent access for disabled persons to emergency stairways. 3. Due to the structural limitations of the jail facility at Police Department, it could not be accessible. To make the jail accessible would cause undue financial and administrative burdens. Substantial and costly structural changes and personal aids would be necessary. The cost of the retrofit would exceed $25,000.00 and have adverse impacts on adjoining administrative areas not open to the public. A policy to transport disabled persons to the accessible Orange County jail facility will be imposed to provide equivalent accessible facilities to disabled arrestees; 4. TDD communication devices in all public locations of the Civic Center would cause undue financial and administrative burdens. The cost of such devices will exceed $50,000.00. A policy will be imposed to revise all business cards, brochures and letterhead and direct staff to refer all hearing impaired callers to the TDD devices in the City Clerk's office. 5. Many offices, hallways, basements and the restrooms on the second, third and fourth floors are not intended, nor is it necessary, for these areas to be open to the public. The public areas are separated from employee areas by public counters and security doors. To make these areas accessible would cause undue financial and administrative burdens. Retrofitting all restrooms would reduce the number of toilets and violate the sanitation requirement for the Civic Center buildings. To make these areas open to the public would fundamentally alter the nature of the services and facilities because these areas are employee only areas and not open to the public for security reasons. The cost of the retrofits exceed $100,000.00. A policy to have staff meet the public inaccessible areas and direct the public to accessible restrooms and drinking fountains would be used to assure full access to programs and services. 6. The Plan and regulations in Administrative Regulation No. 5.10 provide for improvements and policies which provide equivalent facilities and assure that persons with disabilities are: (a) Included in the participation in the services, programs, or activities of the City at the Civic Center; (b) Afforded the benefits of the services, programs, or activities of the City at the Civic Center; (c) Treated equally with all members of the public by the City iIt, 306 7. The City Council has considered all resources available for use in the funding and operation of the services, programs, and activities at the Civic Center. The SGPA Report, Survey, Survey Report, Plan and public testimony establish that to make the Civic Center accessible would cost in excess of $929,330.00. The Civic Center was constructed prior to 1968. The City's Program Budget for fiscal year 1993-94 establishes that resources are not available to complete all of the access improvements to the Civic Center. The City has been forced by Federal, State and County mandates to expend $7,793,030.00 of scarce public funds on such mandates. The State of California continues to shift tax funds from the City to the State. The recession continues to reduce the tax funds available to the City for services, programs, and activities. 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. Finally, the City has yet to accurately evaluate the cost to make the remaining public facilities in the City, outside of the Civic Center accessible, which cost estimate will exceed several million dollars. WHEREAS, the Plan and regulations in Administrative Regulation No. 5.10 provides for improvements and policies for equivalent facilities which assure that the programs, services and activities provided at the Civic Center are accessible to and usable by persons with disabilities; 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. 5.10 and the application for and budgeting and expenditure of grant funds and General Funds to implement the Plan to cause the Civic Center 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, or activities at the Civic Center. 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, 1994, and again on January 1, 1995. PASSED AND ADOPTED this 20th day of December, 1993. ATTEST: T._� Deputy City lerk of the City of Costa Mesa Mayor of the City of Costa Mesa J eur 907 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) 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. 93-102 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 20th day of December, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 21st day of December, 1993. 7 - Deputy Deputy Ciy Clerk and ex -officio Clerk of the City C� ncil of the City of Costa Mesa