HomeMy WebLinkAbout94-113 - Finding Exemptions from ADA Regulations for Seven TOT Lots377
RESOLUTION NO. 94-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, FINDING AN EXEMPTION
FROM THE ADA GUIDELINES AND CALIFORNIA
DISABLED ACCESS REGULATIONS FOR THE
REPLACEMENT OF TOT LOT EQUIPMENT AT
BRENTWOOD, DEL MESA, GISLER, PINKLEY,
SMALLWOOD, WAKEHAM, AND WILSON PARKS.
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.
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 Community Services Department of the City of Costa Mesa ("City") has
completed an accessibility inventory study for the seven parks and has prepared a plan for the
replacement of the tot lot equipment at these sites ("Plan"), and such Plan is filed with the City
Clerk and submitted to the City Council, and it has been preliminarily determined that disabled
access improvements are needed as part of the alternations and improvement of the seven tot
lots; and
WHEREAS, the City Council has considered all resources available to the City of Costa
for use in the funding and operation of the Tot Lot Program and City services and programs as
they relate to the Tot Lot Program. The City's budget for fiscal year 1994-95 establishes that
resources are not available to complete all of the access improvements for the Tot Lot Program.
The City has been forced by Federal, State, and County mandates to expend over $7 million of
scarce public funds on such mandates without reimbursement. The State of California continues
to shift tax funds from the City to the State. The recession has reduced 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 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 conditions will continue through January 26, 1995.
WHEREAS, on December 5, 1994, the City Council received public comments on the
Plan and project at a public hearing; and
WHEREAS, based on the report and public testimony received at the public Bearing, City
Council further finds as follows:
1. The project will replace hazardous tot lot equipment at the seven parks;
2. The project will provide for $38,000.00 of accessibility improvements;
3. $105,755.00 will need to be appropriated over a five-year period to remove
handicap barriers at these seven parks;
4. During the five-year partial compliance period, Gisler Park will be designated as
the City's fully accessible park site;
NOW, THEREFORE, the City Council of the City of Costa Mesa does hereby resolve
as follows:
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1. The Plan for the replacement of tot lot equipment at seven parks is hereby
approved.
2. Based on the findings in this resolution, an exemption from the Uniform Federal
Accessibility Standards and Americans with Disabilities Accessibility Guidelines
is hereby granted pursuant to 28 CFR 35.150, for the replacement of tot lot
equipment.
3. 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), 4452(h), and 24CCR Section 422(c), is
hereby granted for the tot lot replacement program which is incorporated herein
by this reference.
PASSED AND ADOPTED this 5th day of December, 1994.
.�
-Ltt- ;c� or of the City of Costa Mesa
ATTEST:
f
Deputy City lerk of the City of Costa Mesa
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. 94-113 was
duly and regularly passed and adopted by the said City Council at a regular meeting thereof,
held on the 5th day of December, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 6th day of December, 1994.
Deputy CitClerk and ex -officio Clerk of
the City Co ncil of the City of Costa Mesa