HomeMy WebLinkAboutRPT 3 HANDICAP RAMPS 04-15-85REPORTS
No. 3
TO:
FROM:
SUBJECT:
WILLIAM HUSTON, CITY MANAGER
BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
HANDICAP RAMPS/CURB CUTS
RECOMMENDATION:
Pleasure of.the City Council.
BACKGROUND:
At a previous City Council meeting a resident of Tustin, Ruth Ralston, expressed a
concern regarding the lack of handicap ramps/curb cuts at the intersection of
Redhill Avenue and Laguna Road. She had indicated that she had been involved in a
traffic accident at that corner while waiting in the traveled roadway in her
wheelchair to cross the street,
DISCUSSION':
Staff had requested the City Attorney's office to review this request for the
installation of handicap ramps/curb cuts as it related to past litigation at this
intersection. A copy of the attorney's response is attached for information.
Approximately two-three years ago, the City Council opted to dispense with the
handicap ramp construction program and divert the Senate Bill 821 funds to
construction of sidewalks at various locations. Both of these sidewalk
construction locations are at sites that will be affected by future freeway
reconstruction as indicated below:
Location of Proposed
Sidewalk Construction
South side of Nisson Road between
Redhill Avenue and Browning Avenue
Northside of McFadden Avenue between
Costa Mesa Freeway and Tustin Village Way
Date for
Freeway Construction
1988-89
1987-88
In order to avoid th~ installation of these sidewalk facilities and their almost
immediate need for removal/relocation, it is suggested that the city resume the
handicap ramp/curb cut program throughout the city. The installations at Laguna
Road and Redhill Avenue could then be prioritized as one of the first
intersections scheduled for construction.
HANDICAP RAMPS/CURB CUTS
APRIL 9, 1985
PAGE 2
In the event this handcap ramp/curb cut program is resumed, it will be necessary
to process a request for project change through the Orange County Transportation
Commission to transfer the funds from the sidewalk projects.
Bob Ledendecker
Director of Public Works/City Engineer
BL:jr
FROH:
SUBJECT:
ROBERT LEDENDECKER, DIRECTOR OF PUBLIC WORKS/
CITY ENGINEER
JAMES G. ROURKE, CITY ATTORNEY
DANIEL K. SPRADLIN, DEPUTY CITY ATTORNEY
RALSTON V. CITY OF TUSTIN
The matter entitled Ralston v. City of Tustin was resolved by way of a
summary judgment in favor of the City of Tustin. That judgment is now
final. Consequently any action taken by the City of Tustin with
regard to the installation of cUrb cuts, or alternatively the decision
not to install curb cuts at Redhill Avenue and Laguna Road and Nisson
Road at Redhill Avenue cannot have any effect on that lawsuit.
The fact that an accident occurred at the intersection of Redhill
Avenue and Laguna Road is one factor to consider in establishing the
prority by which the intersections are to be retrofitted with curb
cuts. It does not mandate the installation of the same, but is a
factor to be considered. Should a similar accident occur in the
future at the intersection, an argument could be made that the City
was on notice of a dangerous condition. However, so long as the City
can document that there was not sufficient funds to correct that
particular intersection immediately there would still be no liability
for a reasonable period of time.
The City may continue with its orderly program of retrofitting all
intersections with curb cuts as scheduled. To the extent that the
staff believes that this particular intersection is now of a higher
priority as a result of this accident having occurred, such an
adjustment in the capital improvement program can be undertaken.
Such an adjustment is not, however, necessary solely by reason of
the earlier lawsuit.
DKS:cas:R:3/ll/85.a
RECSJVED
MAR iS85
I'USTIN PUBLI~ WORKS DEPT.