HomeMy WebLinkAbout01-46 - Approving Changes to Vehicle & Pedestrian Transportation Facilities, Access for Persons with DisabilitiesRESOLUTION NO. n /_ 4(o
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, APPROVING CHANGES TO
THE COSTA MESA VEHICLE AND PEDESTRIAN
TRANSPORTATION FACILITIES AND ACCESS FOR
PERSONS WITH DISABILITIES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AND FIND AS FOLLOWS:
WHEREAS, in January, 1995, the City Council of the City of Costa Mesa
adopted. Resolution No. 95-7, approving the Disabled Access Transition and Capital
Improvement Plan for Vehicle and Pedestrian Transportation Facilities (the "Plan")
pursuant to Title II of the Americans With Disabilities Act of 1990 ("ADA"; 42
U.S.C. Section 12131 et seq.);
WHEREAS, as part of said Plan, the City Council approved priorities to
address perceived ADA deficiencies of missing sidewalks in residential areas; and
WHEREAS, notwithstanding the City's goal of addressing missing sidewalks
in residential areas as part of the overall ADA Plan, the Council also recognizes that
there may be neighborhoods in the City that desire to retain a more rural
appearance; and
WHEREAS, the City Council has determined that there is a need for flexibility
with regard to sidewalk construction for existing single-family areas and has
approved an amendment to the City's Municipal Code to provide for this needed
flexibility; and
WHEREAS, because of said amendment, it is necessary to amend the ADA
Plan to provide for the changes in the Municipal Code;
WHEREAS, the proposed amendments to the ADA Plan do not alter the
findings or content of Resolution No. 95-7;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
Section 1. That the attached Amended Disabled Access Transition Report of
Vehicle and Pedestrian Transportation Facilities be approved.
PASSED AND ADOPTED this 2nd day of July, 2001.
ATTEST:
D" -, - �-' �-t -T-Tt-
Deputy City rk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
Mayor of the City of Costa Mesa
APPROVED AS TO FORM
CITY A# 5RNEY
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./ - /0 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on the 2"d day of July, 2001.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 3'd day of July, 2001.
Deputy Citylerk and ex -officio Clerk of
the City Coypcil of the City of Costa Mesa
CITY OF COSTA MESA
CALIFORNIA
AMENDED DISABLED ACCESS TRANSITION REPORT
OF VEHICLE AND PEDESTRIAN
TRANSPORTATION FACILITIES
AS REQUIRED BY
THE AMERICANS WITH DISABILITIES ACT — TITLE II
May 22,2001_ ,
CITY OF COSTA MESA
AMENDED DISABLED ACCESS TRANSITION
AND CAPITAL IMPROVEMENT PLAN FOR
VEHICLE AND PEDESTRIAN TRANSPORTATION FACILITIES
May 22, 2001 , 1995
By- Public Services Department
ADA Task Force
TABLE OF CONTENTS
Introduction
Cost Estimate
Page
ExecutiveSummary ------------------------------------------------------------------------------------------
Transition Plan - Exhibit "A-----------------------------------------------------------------------=----------
Capital
---------
CapitaI Improvement Plan - Exhibit "B" ------------------------------------------------ - -----------------
A. Capital Improvement Priorities
B. Accessibility Deficiencies to be Corrected with Capital Improvement Priorities -----
C. ADA Deficiency Technically Infeasible
Administrative Regulation No. 3.13 - Exhibit "C" ------------------------------------------------------
ComplaintProcess--------------------------------------------------------------------------------------------
'Resolution No. 95 -Exhibit "D"
Survey Report - Exhibit "E" is presented as a separate document accompanying this
document.
INTRODUCTION
The Public Services Department, Engineering Division, was assigned the task of
surveying all City vehicle and pedestrian facilities for architectural barriers to disabled
access. The Department established an ADA Task Force composed of various
Department staff members to conduct the survey. The survey is extensive and required
numerous hours of staff time and approximately six months to complete. The results of
the survey revealed that many City streets, curbs and sidewalks contained barriers
which posed obstacles to the disabled community according to the Americans With
Disabilities Act (ADA), requirements. These barriers included items such as wheelchair
ramps not meeting ADA requirements, missing wheelchair ramps, narrow sidewalks,
missing sidewalks, utility poles and other obstacles on sidewalks, driveway approaches
not meeting ADA requirements, slope and grades of streets and sidewalks, and bus stop
inaccessibility.
Since the effective date of ADA, the City has continually addressed the deficiencies
noted above and has expended a considerable amount of funds to retrofit areas of
inaccessibility. The retrofit work required to bring the deficiencies into ADA compliance
will be an on-going process for many years to come.
Included in this report is a transition and capital improvement plan detailing the ADA
Task Force's recommended schedule and priorities to bring the City's transportation
facilities into compliance with ADA. A resolution is also included to allow for exemptions
and exceptions to ADA, Act, and Title 24. An ADA Coordinator is recommended for the
City's transportation facilities area of compliance as a requirement of. ADA. An
Administrative regulation has been included to ensure that access projects follow the
priorities set forth in the Capital Improvement Plan. The complaint process currently
utilized for Civic Center accessibility has been designated as the complaint process for
vehicle and pedestrian transportation facilities.
COST ESTIMATE
The Cost of the modifications, in order to comply with ADA requirements, is
approximately $125,730,000. This breaks down as follows:
► Immediate needs for accessibility
Citywide (provided upon request) $ 500,000
► Construction of wheelchair ramps at OCMPAH
arterial street intersections $ 910,000
► Construction of missing sidewalks along
OCMPAH arterial streets $ 3,120,000
► Relocate miscellaneous barriers and reconstruct
sidewalk along OCMPAH arterials $ 870,000
► Construct wheelchair ramps at local street intersections $ 4,400,000
► Retrofit bus facilities $ 800,000
► Construct missing sidewalks on residential streets,. $ 4,890,000
—when and where appropriate
► Retrofit existing wheelchair ramps and driveways to
meet ADA requirements along OCMPAH arterials $ 21,290,000
► Retrofit existing wheelchair ramps and driveways
to meet ADA requirements in residential areas, $ 69,960,000
when and where appropriate
► Relocate miscellaneous barriers and reconstruct
sidewalk along local streets in residential areas, $ 490.000
when and where appropriate
SUB -TOTAL $ 107,230,000
► Acquire additional right-of-way for constructing wheel-
chair ramp and driveways to meet ADA requirements. $ 18,500,000
TOTAL 125.730.000
EXECUTIVE SUMMARY
A. Background:
Pursuant to the City of Costa Mesa ("City") City Council direction, the Public Services
Department created an ADA Task Force ("Staff') and has conducted a survey of all
vehicle and pedestrian transportation facilities, streets, and sidewalks, to identify
deficiencies and provide plans and programs to ensure those facilities are brought
into compliance with the Americans With Disabilities Act ("ADA"), Section 504 of the
Federal Rehabilitation Act ("ACT"), and Title 24 of the California Code of Regulations
("Title 24").
On June 22, 1992, City Council received a Draft Transition and Self -Evaluation
Report. On December 20, 1993, City Council 'adopted the Disabled Access
Transition and Capital Improvements Plan for the Costa Mesa Civic Center which
specified access improvements and policies for the Civic Center only.
Since that time, staff has addressed and corrected accessibility deficiencies in the
public right-of-way, such as wheelchair ramps, on a complaint basis. To date, the
City has expended approximately $350,000 on the installation of wheelchair ramps
citywide.
B. Survey:
A Survey Report was conducted by the Public Services Department Staff. It
consisted of an on-site inspection and self evaluation of existing transportation
facilities, streets and sidewalks, review of the facilities for compliance or deviation
from access regulations under the ADA, Act and Title 24, and calculation of findings
and corrective work and policies to achieve compliance with ADA, Act and Title 24.
The Survey Report was used to create the Transition Plan and its component parts.
The Survey Report is presented as Exhibit "E". Staff recommends that City Council
accept the Survey Report.
C. Disabled Access Transition Plan:
The Transition Plan incorporates the Survey Report findings identifying the current
deficiencies found at all city intersections. In addition, an estimate has been made of
the. required mid -block improvements, i.e., sidewalks, driveway approaches, etc,
which are required in order to meet the full intent o f- ADA to make all vehicle and
pedestrian transportation facilities accessible to disabled persons.
1. The Transition Plan is made up of five (5) components:
2. The Capital Improvement Plan which will provide priorities, time sequence,
and retrofit work on the vehicle and pedestrian transportation facilities.
3. The Administrative Regulation which specifies the policies to assure the
City's vehicle and pedestrian transportation facilities are accessible to
persons with disabilities.
4. The resolution specifies the conditions under which facilities cannot be
retrofitted to full accessibility and makes findings to exempt such facilities
based on financial and administrative burdens and/or such access
improvements would fundamentally alter the service, or facility provided.
5. The access complaint procedure and forms which provides for complaints
and the resolution of complaints concerning access to the vehicle and
pedestrian transportation facilities.
6. The ADA coordinator which is a designated City official charged with the
authority to assure access to the City's vehicle and pedestrian transportation
facilities.
Staff recommends that City Council approve the Disabled Access Transition Plan
contained in Exhibit "A" and the attached resolution Exhibit "D".
D. Capital Improvement Plan
The Capital Improvements Plan is part of the Transition Plan and is based on the
Survey Report and selection of priorities for retrofit work on the vehicle and
pedestrian transportation facilities. Staff has selected the following priorities for
retrofit work:
Priority No. 1 '
The highest priority is for direct written requests by persons with disabilities for
the removal of barriers to accommodate access.
Priority No. 2
The second priority is for the construction of wheelchair ramps along arterial
streets of the Orange County Master Plan of Arterial Highways (OCMPAH).
Priority No. 3
The third priority is for the construction of missing sidewalk along arterial streets
of the OCMPAH.
Priority No. 4
The fourth priority is for the elimination of barriers along arterial highways of the
OCMPAH.
Priority No. 5
The fifth priority is for the construction of missing wheelchair ramps along local
streets in residential areas.
Priority No. 6
The sixth priority is for the construction of accessibility improvements to bus
facilities.
Priority No. 7
The seventh priority is for the construction of missing sidewalk along local streets
in residential areas where appropriate.
Priority No. 8
The eighth priority is for the reconstruction of existing wheelchair ramps and
driveway approaches, not currently meeting ADA requirements, along arterial
streets per the OCMPAH.
Priority No. 9
The ninth priority is for the reconstruction of existing wheelchair ramps, and
driveway approaches, not currently meeting ADA requirements, along residential
streets.
Priority No. 10
The tenth and last priority is for the elimination of barriers along local streets in
residential areas.
These priorities summarize all the corrective work incorporated into and expanded
upon in the Capital Improvement Plan contained in Exhibit "B" and the Administrative
Regulations, Exhibit "C". Staff recommends that City Council approve these priorities
and the Capital Improvements Plan. Staff recommends that City Council fund the
Plan by a combination of CDBG funds, General Funds and Measure "C" Funds as
determined by the City Manager and City Council by the annual budget.
E. Administrative Regulation:
The Administrative Regulation ("AR") is an integral part of the Transition Plan and
ensures that access projects will follow the priorities in the Capital Improvements
Plan. The AR would be approved by the City Manager. The AR would also provide
Staff with direction on preparing budgets for Access Projects. The AR is attached as
'Exhibit "C". Staff recommends that City Council approve the AR.
F. Resolution and Findings:
The Survey report identifies all intersections requiring retrofit in order to provide
accessibility. However, the cost and scope of the retrofit work in some areas would
result in undue financial and administrative burdens to the City, and/or cause a
fundamental alteration in the service or facility. The Survey report provides a bird's
eye view of the required scope and cost necessary to accomplish the intent of ADA
and Act. No consideration is given to specific conditions which may require the
acquisition of additional right-of-way or where relocation of existing utilities may be
necessary.
Given these facts, the ADA, Act and Title 24 provide a means to grant an exemption
and exception from the access requirements from the ADA, Act and Title 24. Specific
conditions must be established to grant an exemption under the ADA and Act and a
hardship exception under Title 24.
1. The ADA and Act:
These findings are specified by Federal regulations (28 CFR Part 35, Section
35.150) and are necessary in order to exempt certain facilities from being accessible
under Uniform Federal Accessibility Standards ("UFASII; to 41 CFR Part 101-19.6),
or the Americans With Disabilities Act Accessibility Guidelines ("ADAAG"; 59 28 CFR
Part 36).
Thus, the Federal Regulations for the Act and ADA recognize that the Act and the
ADA do not require public entities to make all their existing transportation and
pedestrian facilities accessible. (28 CFR Section 8.21;28 CFR Section 35. 150; and
28 CFR Part 39 (1984) ; Americans With Disabilities Act Handbook (2nd Ed.) Section
9.6. )
The decision to exempt such facilities or services from ADA and Act must be made
by City Council after considering all resources available for use in the funding and
operation of the service, or facility. (28 CFR Section 35.150.) Such decision must be
accompanied by a written statement of the reasons for reaching that conclusion and
provide for other steps to ensure that disabled persons receive the benefits of the
facility or service. (28 CFR Section 35.150).
2. Title 24:
An exemption under the Federal Regulations may also form the factual basis for an
exemption under Title 24. (See Government Code Section 4451(f).) We are of the
view that the facts supporting an undue financial and administrative burden finding
under Federal Regulations could support a hardship exception under Title 24 so long
as equivalent measure or facilities provide access to the affected facilities or
services.
A hardship exception for public facilities is provided for in G.C. sections 4451 (f) and
4452 (b) . City Council by resolution can grant a hardship exception where grounds
exist. (See 24 CCR section 422(c).) Where a hardship exception is justified, equivalent
facilities must be provided for those waived.
3. Findings:
The City Council has preliminarily determined that findings are possible for an
exemption and an exception. Based on the Survey report and Staff
recommendations, the findings incorporated in the resolution for an exemption and
exception for areas of vehicle and pedestrian transportation facilities in the public
right-of-way are summarized as follows:
a) Vehicle and pedestrian transportation facilities which have legal and site
constraints of the public right-of-way and lack of public funds to purchase or
condemn the necessary private property for the public right-of-way. The cost to
purchase property to provide right-of-way for access improvements to streets and
sidewalks would place undue financial and administrative burdens on the City
and/or fundamentally alter the nature of the service or facility, because such
costs exceeds the financial resources of the City.
b) Vehicle or pedestrian transportation facilities which have legal and site
constraints for the relocation of utilities. The cost for such relocations would place
undue financial and administrative burdens on the City and/or fundamentally alter
the nature of the service or facility because the cost exceeds the financial
resources of the City.
c) The city needs to continue routine maintenance, such as pavement slurry seal,
pavement overlays, or sidewalk repair, of any vehicle or pedestrian transportation
facility to provide for continued use of the streets and Sidewalks by the public.
The cost of construction of accessibility improvements would place undue
financial and administrative burdens on the City and/or fundamentally alter the
nature of the service or facility. The cost to render the transportation facilities
accessible to disabled persons exceeds $125 million, and funds dedicated to
streets and sidewalks in the city budget would normally be directed to the
maintenance of the streets and sidewalks. Should these funds be redirected to
access improvements, the lack of funding for maintenance would render streets
and sidewalks unusable to all persons and fundamentally alter the nature of the
facility.
4. The Plan and regulations in Administrative Regulation No. 3.13 provide for access
improvements and policies which provide equivalent facilities and assure that
persons with disabilities are:
a) Included in the participation in the services, programs, and facilities of the City for
the streets and sidewalks;
b) Afforded the benefits of the services, programs and facilities of the City for the
streets and sidewalks; and
c) Treated equally with the members of the public by the City.
5. The City Council has considered all resources available for use in the funding and
operation of the services, programs, and facilities for the streets and sidewalks. The
Survey Report, Plan and public testimony establish that to make the streets and
sidewalks accessible would cost in excess of $125,730,000. The City's streets and
sidewalks were primarily constructed prior to 1970. The City's sidewalks, under
Measure C, were constructed prior to July, 1992. The City's Program Budget for
fiscal year 1994-95 establishes that resources are not available to complete all of the
access improvements to the streets and sidewalks by January 26, 1995. The City
has been forced by Federal, State and County mandates to expend over $7 million of
scarce public funds on such mandates. The State of California continues to shift tax
funds from the City to the State. The economy in Orange County continues to reduce
the tax funds available to the City for services, programs, and facilities. The Orange
County bankruptcy has disrupted public finances for a substantial portion of public
agencies in Orange County. 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. The cost of the access work on the streets and sidewalks
exceeds the City's annual budget and future estimated budgets to such an extent
that to fund all the access improvements would substantially and adversely impact
on the City's ability to provide essential services to protect the health, safety and
welfare of its citizens and residents.
Thus, some of the vehicle and pedestrian transportation facilities in the public right-of-
way will not be accessible due to the undue financial and administrative burdens on the
City or due to the fact that the accessibility improvements would cause a fundamental
alteration in the service or facility.
Based on findings, the resolution grants an exemption and exception for the above
referenced areas of vehicle and pedestrian transportation facilities of the City. The
Capital Improvement Plan provides, where possible, for equivalent facilities and/or
methods for utilization of the service to disabled persons to those exempted or excepted.
The specific locations to be exempted or excepted by the resolution, are those locations
as determined by an engineering survey which shall be conducted at the time
accessibility deficiencies are addressed according to the priority established in the
Capital Improvement Plan.
G. Complaint Process and ADA Coordinator:
Finally, the Transition Plan would include the designation by City Council of the ADA
coordinator for the City's vehicle and pedestrian transportation facilities. The
designation of the Public Services Director is recommended as the ADA coordinator.
The ADA Coordinator would oversee the implementation of the retrofit work
scheduled in the Transition Plan and Capital Improvement Plan for the Vehicle and
Pedestrian Transportation Facilities. The ADA Coordinator would also administer the
access complaint process for the vehicle and pedestrian transportation facilities.
The complaint process is the same process utilized by the ADA Coordinator for the
Civic Center. Once a complaint is received, an investigation is conducted to
determine if an access deviation exists. If it exists, the ADA Coordinator will then
take effective steps to rectify the deviation. The complaint process is outlined in more
detail herein. The ADA complaint process is in the AR 3.13 attached as Exhibit "C".
H. Conclusion.
By adopting the Disabled Access Transition and Capital Improvement Plan for
Vehicle and Pedestrian Transportation Facilities, and the related Administrative
Regulation and Resolution, staff believes that vehicle and pedestrian transportation
facilities will be brought into compliance with the ADA, Title 24 and Act, to make
them fully accessible to persons with disabilities. Once this plan is adopted, staff will
commence with the specified priorities of the Transition Plan.
EXHIBIT "A"
TRANSITION PLAN
A. The implementation of the plan for vehicle and pedestrian transportation facilities will
require the City to complete the review process to identify and prioritize access
improvements and policies. To accomplish this, City Council and the ADA
Coordinator, by January 25, 1995, will:
1. Adopt and commence implementation of Resolution No.95-,
2. Adopt and commence implementation of Administrative Regulation No. A.R.
3.13.
3. Approve and commence implementation of the Transition Plan for vehicle
and pedestrian transportation facilities.
4. Approve and commence the process to fund and implement the Capital
Improvement plan for vehicle and pedestrian transportation facilities.
5. Continue and follow the complaint process previously established for the
Civic Center; and
6. Appoint ADA Coordinator.
7. City staff will prepare an ordinance to require private property owners of
places of public accommodation to comply with ADA accessibility
requirements when new development is proposed.
The Transition Plan provides for the completion of all access improvements set forth in
the Capital Improvements Plan by January 1, 2005, for Priority Nos. 1, 2, 4, 6, & 10; by
January 1, 2015, for Priority Nos. 3, 5, & 8; and by January 1, 2025, for Priority Nos.7 &
9. These capital improvements are phased in over time to permit adequate funding
without disruption of essential City services to protect the health, safety and welfare of
the citizens.
EXHIBIT "B"
CAPITAL IMPROVEMENT PLAN
The Capital Improvement Plan is part of the transition plan and is based on the survey
and selection of priorities for retrofit work of vehicular and pedestrian transportation
facilities. Any proposed removal of barriers or other provision to accommodate access to
public facilities must meet the test of "reasonable accommodation". Therefore, a
warranting procedure must be established to qualify any and all improvements proposed
for inclusion into City projects. The retrofit work on the City's vehicle and pedestrian
transportation facilities has commenced. It will be continued according to the following
capital improvement priorities.
A. CAPITAL IMPROVEMENT PRIORITIES:
Priorities for retrofit work to make the City's vehicle and pedestrian transportation
facilities accessible pursuant to the Americans With Disabilities Act is provided for
City Council authorization as follows:
Priority No. 1
Deficiency Immediate needs at various
locations — Citywide
Direct written requests by persons with
disabilities for the installation of wheelchair
ramps and non-residential sidewalks.
Priority No. 2
Deficiency Wheelchair Ramps — OCMPAH
Arterial Streets
Construct missing wheelchair ramps at
intersections and mid -blocks (where applicable)
along arterial streets per the OCMPAH. The Plan
provides for access improvements without
acquisition of right-of-way. in addition, these
improvements are prioritized further:
Arterials near:
Annual Costs
$ 50,000
10 years
Annual Costs
$ 91,000
10 years
1. Senior citizen complexes, convalescent homes, hospitals,
Total Costs
$ 500,000
Total Costs
$ 910,000
2. Schools, business districts, shopping centers, government and utility company
facilities.
3. Condominium and apartment complexes.
4. Entertainment/sport centers.
Priority No. 3
Deficiency Missing Sidewalk — OCMPAH
arterial Streets
Reconstruct missing sidewalk along arterial
streets. The Plan provides for access
improvements without acquisition of right-of-way.
Priority No. 4
Deficiency Utility Barriers — OCMPAH Arterial
Streets
Annual Costs Total Costs
$ 56,000 $ 3,120,000
20 years
Annual Costs Total Costs
Eliminate barriers associated with fire hydrants,
poles, mail boxes, trees, fences, walls, etc.,
along arterial streets. The Plan provides access $ 87,000 $ 870,000
improvements without acquisition of right-of-way. 10 years
Priority No. 5
Deficiency Missing Wheelchair Ramps —
Local Streets
Construct wheelchair ramps at the intersections
and mid -blocks (where applicable) along local
streets in residential areas. The Plan provides
for access improvements without acquisition of
right-of-way.
Priority No. 6
Deficiency Bus Facilities — Citywide
Improve bus facilities at all locations in the City.
The Plan provides for access improvements
without acquisition of right-of-way.
Priority No. 7
Deficiency Missing Sidewalk — Local Streets
Construct missing sidewalk along local streets
in residential areas where appropriate. The
Plan provides for access improvements without
acquisition of right-of-way.
Annual Costs
$ 220,000
10 years
Total Costs
Annual Costs Total Costs
$ 80,000 $ 800,000
10 years
Annual Costs Total Costs
$ 163,000 $ 4,890,000
30 years
Priority No. 8
Deficiency Reconstruct existing accessibility
OCMPAH arterial streets
Reconstruct existing wheelchair ramps and
driveway approaches not meeting ADA
requirements along arterial streets per the
OCMPAH. The Plan provides access
improvements without acquisition of right-of-
way.
Priority No. 9
Deficiency Reconstruct Existing Accessibility
— Local Streets
Reconstruct existing wheelchair ramps and
driveway approaches not meeting ADA
requirements along local streets in residential
areas. The Plan provides access improvements
without acquisition of right-of-way.
Priority No. 10
Deficiency Barriers — Local Streets
Eliminate barriers associated with fire hydrants,
trees, poles, utility boxes, fences, walls, etc.,
along local streets in residential areas. The Plan
provides improvements without acquisition of
right-of-way.
TOTAL COSTS FOR ALL PRIORITIES:
Annual Costs Total Costs
$ 1,064,500 $ 21,290,000
20 years
Annual Costs Total Costs
$ 2,332,000 $ 69,960,000
30 years
Annual Costs Total Costs
$ 49,000 $ 4900,000
10 years
Annual Costs
$ 292,500
Total Costs
$ 107,230,000
B. ACCESSIBILITY DEFICIENCIES TO BE CORRECTED WITH CAPITAL
IMPROVEMENT PRIORITIES
The listed accessibility deficiencies have not been completed, but are scheduled to be
completed under the Capital Improvement Priority shown.
Accessibility Deficiencies
Priority No. 1 Installation of missing wheelchair ramps and non-residential sidewalks
as requested by disabled persons.
Priority No. 2 Installation of missing wheelchair ramps at intersections along all
arterial streets to provide proper accessibility for the disabled to
various facilities and major developments along these streets. These
developments include primarily the following entities: Senior Citizens
Complexes, Convalescent Homes, . Hospitals, Business Districts,
Schools, Shopping Centers, Government and Utility Company
Buildings, Condominium -and Apartment Complexes, Entertainment
and Sport Centers.
Priority No. 3 Construction of missing sidewalk along arterial streets to ensure that
all arterial streets will have sidewalks providing safer, easier and a
continuous path of travel for the disabled person.
Priority No. 4 Modify and improve existing paths of travel on sidewalks along arterial
streets by eliminating any obstructions and/or barriers such as fire
hydrants, mail boxes, utility boxes, poles, trees, fences, walls, etc.
Priority No. 5 Installation of missing wheelchair ramps at intersections along local
streets in residential areas to provide safe and proper accessibility at
intersections for the disabled person.
Priority No. 6 Modifications at Bus stops to provide easy access "On" and "Off'
Busses. This priority also includes corrective work to sidewalks near
and around Bus stops, to provide for required paths of travel for the
disabled persons to the Bus facilities.
Priority No. 7 Construction of missing sidewalk along local streets in residential
areas, where appropriate, to ensure that all residential streets will have
continuous sidewalks in order to provide proper paths of travel for the
disabled.
Priority No. 8 Reconstruction or modification of existing wheelchair ramps and drive
approaches along arterial streets which are currently not meeting
A.D.A. requirements and standards.
Priority No. 9 Reconstruction or modification of existing wheelchair ramps and drive
approaches along local streets in residential areas which are currently
not meeting A.D.A. requirements and standards.
Priority No. 10 Modify and improve existing paths of travel on sidewalks along local
streets by eliminating any obstructions such as fire hydrants, mail
boxes, utility boxes, poles, trees, fences, walls, etc.
C. ADA DEFICIENCY TECHNICALLY INFEASIBLE
The purpose is to identify conditions of deficient areas which are considered to be
structurally infeasible to accomplish or are requested to be exempted.
1. Construction of wheelchair ramps in certain areas with low pedestrian usage due
to lack of needed right-of-way and/or existing topographical limitations.
The high cost to purchase additional right-of-way, construction of retaining walls
and massive re -grading of affected corners of street intersections will impact
other projects requiring scheduled maintenance.
2. 'Reconstruction of all existing sidewalks throughout the entire city with existing
marginal cross slopes between 2% and 3%.
The cost associated with performing this corrective work will be astronomical and
will have a tremendous adverse impact on existing maintenance programs
required to prevent and delay total removal and reconstruction of facilities in use.
These areas will be specifically identified by an engineering survey to be
conducted at the time accessibility deficiencies are addressed according to the
priorities established in the Capital Improvement Plan.
EXHIBIT "C"
ADMINISTRATIVE REGULATION 3.13
DISABLED ACCESS CAPITAL IMPROVEMENTS FOR
VEHICLE AND PEDESTRIAN TRANSPORTATION FACILITIES
PURPOSE:
The purpose of the regulation is to establish policies and procedures with regard to
financial actions related to the Disabled Access Capital Improvement Plan for
Transportation Facilities.
POLICY:
A. All Disabled Access Capital Improvement projects for Vehicle and Pedestrian
Transportation Facilities shall comply with Administrative Regulations ("AR") 3.5.
B. In addition to AR 3.5, all Disabled Access Capital Improvement projects for
Vehicle and Pedestrian Transportation Facilities shall follow the following
priorities when funding is requested and budgeted:
PRIORITY NO. 1
The highest priority is for direct written requests by persons with disabilities for
the removal of barriers to accommodate access.
PRIORITY NO. 2
The second priority is for the construction of wheelchair ramps along arterial
streets of the Orange County Master Plan of Arterial Highways (OCMPAH).
PRIORITY NO. 3
The third priority is for the construction of missing sidewalk along arterial streets
of the OCMPAH.
PRIORITY NO. 4
The fourth priority is for the elimination of barriers along arterial highways of the
OCMPAH.
PRIORITY NO. 5
The fifth priority is for the construction of missing wheelchair ramps along local
streets in residential areas.
PRIORITY NO. 6
The sixth priority is for the construction of accessibility improvements to bus
facilities.
PRIORITY NO. 7
The seventh priority is for the construction of missing sidewalks, where
appropriate, along local streets in residential areas.
PRIORITY NO. 8
The eighth priority is for the reconstruction of existing wheelchair ramps and
driveway approaches, not currently meeting ADA requirements, along arterial
streets of the OCMPAH.
PRIORITY NO. 9
The ninth priority is for the reconstruction of existing wheelchair ramps, and
driveway approaches, not currently meeting ADA requirements, along residential
streets.
PRIORITY NO. 10
The tenth priority is for the elimination of barriers along local streets in residential
areas.
C. In addition to AR 3.5, requests for funding for Disabled Access Capital
Improvement projects for Vehicle and Pedestrian Transportation Facilities should
provide the following additional information to the Public Services Department
Head, Finance Director, and City Manager:
1. Whether the project complies with the priorities, and for priority No. 1, a
copy of the written request stated in this regulation. .
2. Whether there exists Federal or State grant funds to pay all or part of the
Access Project costs.
3. Whether the Access Project will result in the Vehicle and Pedestrian
Transportation Facilities complete or partial compliance with access
regulations under ADA and Act; and
4. Whether new information has been obtained to require a resolution for an
exemption as part of the approval of the Access Project.
D. During the transition time period the Staff of Public Services Department should
make available to the public the Survey, Transition Plan and Capital
Improvements Plan.
E. The Public Services Director is the ADA Coordinator for Vehicle and Pedestrian
Transportation Facilities in the City. A complaint process shall be established and
administered by the Director consistent with the ADA and Act as follows:
COMPLAINT PROCESS
1. The ADA Coordinator shall process all access complaints in an expeditious
manner to assure prompt resolution of all access complaints consistent with ADA
regulations ..(28 CFR Section 35.107) and California access regulations
(Government Code Section 4452.)
2. The complaint process procedures are as follows:
A. A complaint form will be available at the City Clerk's office to any person
alleging an access deviation in the public right-of-way or an act of
discrimination based on a person's disability..
B. Once the complaint is filed with the City Clerk's office, the ADA Coordinator
will investigate the complaint and determine the validity of the complaint
within 30 days of receipt of complaint.
C. The ADA Coordinator will notify the complainant, in writing, of his/her
determination within 45 days of receipt of the complaint. If an access
deviation or discriminatory act is found to exist' the ADA Coordinator will take
all necessary steps to rectify the access deviation or discriminatory act as he
or she deems appropriate.