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Home My WebLink About7.1 ADA Access to BART CITY CLERK File #1 AGENDA STATEMENT EET!NG 'PA Ek AugUst 3, 1999 SUBJECT: Improvement Study of Handicapped Access to BART Report Prepared by:Lee S. Thompson, Public Works Direct.or ATTACHMENTS; .... 1) Memo from the City Attorney ........................ 2) Site Map ofp0Ssible sidewalk improvements on Scarlett Court RECOMMENDATION: Review report from the City Attorney and provide direction to Staff FINANCIAL STATEMENT: Cost associated withCity improvement is.not..budgeted in this year's ' caPit~i I~l~r~¢e~en~'progr~- Ir a capiial Project is approved to provide access on Scarlett Court, it will require an appropriation of $20,000 from Gas Tax reserves.. DESCRIPTION: On June '15, 1999, the Council directed Staffto study alternative improvements ne~ded"~"~;~i'~:~a~i'~i~'i~'~'''~c~ t0 B'~ fr~i~he~' R6ad in response ~o a citizen request. ~s ~provement study repo~ was presented t0 the ~ity Co~cil at ~e July 20th meeting. At that meeting, Co~cil continued action on tbs ~i~.~..~~i~ A~omey could repo~ back on ~e Ci~'s legal responsibili~ to provide h~dicapped access to ~e B~T Station. The Ci~ A~omey repo~s that ~e Ci~ is not required to provide interim h~dicapped access to ~e B~T Smtion,~,~.~.~_~~ ~). T~s is provided ~at ~e Ci~ c~ demonstrme to do constitute ~due fin~cial b~en, ~d so long as the Ci~ has not recently ~tered or constmctea Sc~le~ C°m}~'~p~'~i?;i~ii3~'P;~i~n be~een Dublin Boulev~d ~d Scaled Drive. ~e Ci~ has not installed ~y ~provements on Scmle~ Drive be~een Dublin Boulevmd past. ~e fact ~at the CiW is c~ently cons~cting ~ accessible route to B~T, which will be completed before Febm.~ 2000, bolsters ~e conclusio, n~.tb, at. c~¢~.[m.q~p~.~q~..~,.a~!~~~¢5~ route would be~ St~ had previously ~alyzed several options for providing B~T access, with ~e follo~ng results: · COPIES TO: Shawn Costello ITEM' NO. ~ £:~a.~enrmsc~A~J access, aoc . .... 1) Use of the northerly edge of pavement of the existing Dublin BoUlevard between Scarlett Drive 'and DeMarcus Parkway. Pending construction in this area would prohibit interim .use of the roadway shoulders. The Alameda County Surplus Authority has recently awarded the construction contract to widen Dublin Boulevard between Southern Pacific railroad and HaCienda Drive. Construction will start in late July and is scheduled for completion in February 2000. Part of the improvement is the construction of Sidewalk along the north side of Dublin Boulevard and a reconfiguration of the traffic signal at Dublin Boulevard and DeMarcus Way to add pedestrian heads. This project will close the pedeStrian access gap along the north side of Dublin Boulevard between Scarlett Drive and BART on a long-term basis. 2) Dial-a-ride service for people with disabilities. In compliance with the Americans with Disabilities Act, LAVTA offers a Dial-As, Ride service tO people with disabilities. This service is a door-to-door service inthe Livermore Valley area with a charge orS1.00 per ride. In order to qualify for this service, an application must be filled out and approved by LAVTA. There is currently high demand for service and it can take up to two weeks to schedule a ride. Service is being provided Monday through Friday from 6:00 a.m. to 9:00 p.m., and Saturday and Sunday from 8:00 a.m. to 6:00 p.m. Shawn Costello, the citizen requesting the access, states that he cannot schedule his time in advance precisely enough to utilize this service. 3) Completion of sidewalk/pedestrian ramps along the north side of Scarlett Court from Dublin Boulevard near Dougherty Road to BART. Staff investigated providing handicapped access via Scarlett Court. Scarlett Court currently does not have a complete sidewalk facility that can be used by the handicapped. There are gaps in the sideWalk at the Dolan Lumber frontage, as well as between the end of Scarlett CoUrt and the BART lot. The existing sidewalk along the north side of Scarlett Court from the end of the Court to Dublin Boulevard consists of a combination of asphalt pavement, concrete sidewalk and gravel base. No paved sidewalk exists for approximately 146 feet along the Dolan Lumber/concrete plant roadway frontage. In order to construct pedestrian access in this area, two volunteer trees would need to be removed, a ditch replaced by a storm drain pipe, and an asphalt path installed, as well as widenings at fire hydrants. The cost to provide this handicapped access via Scarlett COurt is estimated at $20,000. ~ An alternative to the City paying for all of the costs would be to require the frontage property owners with missing sidewalks to install their respective sidewalks under the 1911 Act. The Ci~-W0Uld then only be responsible for constructing the ramp at the end of Scarlett Court and a few small areas of sidewalk widening at fire hydrants. The estimated cost for these limited improvements is $5,000. This process would require several notices and hearings, and would require the City to advance the funds and lien the private properties if the owners refused to install their sidewalk improvements. Staff recommends that the City Council accept the City Attorney's report, deliberate and provide direction to Staff. Page 2 MEYERS, NAVE, RIBA~, SILVER & WILSON ~AT~AY P~ sss m~ ~, ~ ~ 777 DAVIS S~E~, SUITE 300 s~a n~ ~ e~ SAN L~NDBO ~ ~ALI~BNIA ~4577 ra~: l~ots s~ ~ TELEPHONE; (510J ~1~00 ~F.~ FACSIMi~: lfi~ 0) 3S~ ~81 ~ w;~ ~g~ON, ~ ~207 ~MO~D~ Mayor ~d Coun~embers DA~: I~Y 28, 1999 City of ~b~ FROM: Elizabeth H. Silver City Attorney RE: Accessibility Route to BART Station Must the City provide an interim accessibility route for disabled persons to use in order to reach the BART station when the.City is currently constructing an accessibRity. route? SHORT ANSWER: No, provided that the City can demonstrate that to do so constitutes an undue financial burden and so long as the City has not recently altered or constructed Scarlett Court, specific~y the pOrtion between DubIin'Boulevard :md Scarlett Drive. BACKGROUND: On lm~e 15, 1999, the CoUncil directed Staff to study alternative improvements needed to provide handicapped access {o BART from Dougherty Road in response to a ci~en reque_m. On luly 20, 1999, Staff recommended that the Council add a Capital Project to the FY 1999'2000 CIP to complete a pathway along the north side of Scartett TO: Mayor and Councihuembers, City of. Dublin FROM: Elizabeth H. Silver, City Att°mey RE: Accessibility Route to BART Station DATE: July 28, 1999 PAGE: 2 Court to BART and approve a budget appropriation in the amount of $20,000. The City is currently in the process. Of constructing an accessible route to BART along Dublin Boulevard. This proiect is underway, and is expected to be completed by February 2000. At the July 20, 1999 City Council meeting, the Council requested advice as to whether the City may be obligated to construct an alternate accessible route to BART under the Americans with Disabilities Act.. The Americans with Disabilities Act (~ADA") prohibits state and local entities from discriminating against qualificd individuals with disabilities in their programs, services and activities. (42 U.S.C. [ 12131 et ._~_%) The ADA requires public entities to make their programs, activities and facilities accessible to disabled person& Thus, a public entity must make reasonable modifications in policies, procedures and practices, unless to do so would be an undue burden or cause a fundamental alteration in thc program or service. ( 24 C.F.P~ §35.130.)- There is no obligation under the ADA to construct sidewalks. Rather, the ADA reqtfires that all newly construct, ed or altered streets, roads, and highways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry. (24 C.F.P~ §35.I5I (e).) Therefore, ff a pi~blic entity builds or alters a street., it must ensure that curb ramps are installed. (Kimnev v.. Yemsalim_ (3rd. Cir. 1993) 9 F.3d - 1067, 1071.) An alteration includes the resurfaci~g ora public street. The City is not required to make'existing sidewalks and walkways accessible if do so would create an undue financial or administrative bUrden. (24 C.p,_R. §35.I50(a)(3). The term "undue hardship" means an action requiring significant difficulty or expense, when considered in light of the nature and cost of the accommodation, requested, and the overaI! financial resources of the public. (42 U.S.C. § t2111 ( I 0) (B).) To the extent that the portions of-Scarlett Court which have no sidewalk represent an architectural barrier, the City may e~nentually wish to make this street accessible to TO: Mayor zmd Councilmembers, City of Dublin .FKOM: Elizabeth II. SLiver, City Attorney RE; Accessibility Route to BART Station DATE: July 28, 1999 PAGE: 3 persons wkh disabilities. However, the City is not required to make Scarlett Court accessible at this time provided that the City can demonstrate that to do so is an undue finandal burden., The fact that the City is currently constructing an accessible route to BART, which wfli be completed prior tO February 2000, bolsters the conclusion that the construction of an alternative accessible route would be an undue finandal burden. Therefore, to the extent that the proposal constitutes an undue finandaI burden, the ADA does not require the City to construct an interim accessibility route to BART. Very tnfly yours, MEYERS, NAVE, RIBACK, SILVER & WILSON Elizabeth II. Silver EHS:KKT:rja )':\WPDgd2ql~I 14~301 'UM"EMOX,IULge)Vf12)A._28. W61 '- .: DUBLIN BOULEVARD ( ', SeARLE'IT COURT DTAT I 0~,4