HomeMy WebLinkAboutCC AG PKT 2002-11-12 #H AGENDA REPORT
DATE: November 12, 2002
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Douglas A. Dancs, P.E., Director of Public Works / City Engineer
SUBJECT: AMICUS PETITION TO SUPREME COURT REGARDING
AMERICAN DISABILITIES ACT & SIDEWALKS
SUMMARY
This action will include the City of Seal Beach in the Amicus Petition to the Supreme Court
regarding sidewalk accessibility.
BACKGROUND:
Recently, the Department of Public Works received a request from the City of Sacramento to
join the Amicus Petition asking the United States Supreme Court to reverse the Ninth Circuit
Court of Appeals decision regarding strict interpretation on sidewalk accessibility. Previously,
the American Disabilities Act (ADA) did not require immediate replacement of sidewalks
constructed long before the advent of ADA but rather mandated an incremental process of
providing accessibility. It required compliance of those structures built or significantly altered
after the effective date of ADA. Without the Supreme Court reversal, the financial implications
for both our City and other agencies will be enormous. Both the City Attorney and the Director
of Public Works /City Engineer have reviewed the request and recommend inclusion of the City
in the Amicus Petition. This petition would be at no cost to the City.
FISCAL IMPACT:
Inclusion in the Amicus Petition would be at no cost to the City. If the decision is not reversed,
the need for greater amounts in the budget for improving sidewalk and other right of way related
infrastructure would be increased significantly.
RECOMMENDATION:
Authorize the City Attorney to include the City in the Amicus Petition.
Agenda Item
NOTED) D APPROV D:
„R. Dou Dancs, P.E., Director John :. Bahorski, City Manager
Public Works Department
Attachment 1:
10/14/02 Letter from City of Sacramento.
Agenda Item
„. , . fi ,
• { 9 ..0 p i � ` � . 0 -iii
4.0 iN
442'
DEPARTMENT OF CITY OF SACRAMENTO 660 J STREET
PUBLIC WORKS SUITE 250
CALIFORNIA SACRAMENTO, CA
OFFICE OF THE DIRECTOR 95814 - 2413
October 14, 2002 PH 916 - 808 -7100
FAX 916 -264 -5573
Doug Dancs www.cityofsaclamentooig
Director of Public Works
Seal Beach
Seal Beach CA 90740
Dear Mr. Dancs:
1 am writing to you concerning a federal lawsuit brought against the City of Sacramento which has serious implications for all
cities and counties (as well as telecommunications and utility companies) in California and throughout the United States. A law
firm representing disabled individuals brought a lawsuit against the City of Sacramento claiming that under the Americans with
Disabilities Act (ADA), a city's sidewalks must be made "accessible” by the removal and replacement of displaced or broken
concrete; by the removal of telephone and utility poles and other "obstructions" in the sidewalk; and by the removal and
replacement of sidewalks with an "excessive" cross slope. The ADA does not require the immediate replacement of sidewalks
constructed long before the advent of the ADA; rather, the ADA mandates an incremental process of providing "accessibility" by
requiring that those structures built or significantly altered after the effective date of the ADA need be constructed or altered to
make them accessible to the disabled.
The United States District Court in Sacramento agreed with the City of Sacramento in holding that a city's existing sidewalks
need not be made "accessible." On June 12, 2002, the Ninth Circuit Court of Appeals reversed the District Court and held that a
city's sidewalks must be made accessible. The financial implications for cities, counties, telecommunication and utility
companies if this decision is permitted to stand are enormous. This decision is the only decision on this issue in the United States
and must be followed by all public entities in the Western United States and will probably be followed by lower federal courts in
the remainder of the United States.
The City of Sacramento is in the process of preparing a Petition asking the United States Supreme Court to review the matter and
reverse the Ninth Circuit Court of Appeals. The City is requesting amicus participation in both submitting the Petition asking the
Supreme Court to take the case and on the merits of the case if it is accepted by the Court. Amicus counsel has already been
retained and amicus participation by other entities anti pr would be at no cost.
Enclosed is a form response authorizing your participation in the Amicus Petition and briefs on the rnerits. The deadline for
submission of the City's Petition is December 4, 2002. In order to allow sufficient time for inclusion on the Amicus Petition we
need a response by November 15, 2002. I appreciate your time in considering this matter and hope that Seal Beach joins the
National League of Cities and members of the League of California Cities in asking the Supreme Court to review this matter and •
overturn the Ninth Circuit.
if you have any questions or concerns, you or your legal counsel may contact Gerald C. Hicks at the Sacramento City Attorney's
Office at (916) 264 -5346.
Sincerely,
Mike Kash . gi
Director of ' 1ic Works
Enclosure
. Noy. fa. 2002 10:46AM No.3183 N. 2 •
r
•
•
CONSENT TO JOIN AS AMICUS CURIAE
TO: Gerald C. Hicks, Deputy City Attorney
Sacramento City Attorney's Office
980 Ninth Street, Tenth Floor
Sacramento, CA 95814
Telephone: (916) 264 -5346
Facsimile: (916) 264 -7455
111111 You are authorized to add
to the amicus curiae Petition and briefs on the merit prepared on behalf of the City of
Sacramento in the matter of Barden v. City of Sacramento, United States Ninth Circuit
Court of Appeals Docket Number 01- 15744.
I understand that no financial contribution of any kind Is required of amicus parties.
Please state the name(s) of your legal counsel or representative who may be contacted
regarding this matter.
Name .
Address
• E-Mail
Phone
Fax
•