Arnold v. County of Sacramento et al

Filing 43

ORDER re 42 Consent Decree signed by Judge Lawrence K. Karlton on 7/10/2013. The concurrently filed Stipulated Consent Decree for Settlement of plaintiff's Injunctive Relief claims only as to defendant Sunrise Recreation & Park District is ORDERED and shall be binding on plaintiff Connie Arnold and defendant Sunrise Recreation & Park District and any successors in interest.Court shall retain jurisdiction of action to enforce provisions of Consent Decree and Order. Sunrise Recreation & Park District is hereby TERMINATED from action. (Attachments: # 1 Consent Decree, # 2 Attachment A) (Marciel, M)

ATTACHMENT
A

Crosswoods Park, Citrus Heights, CA
Section 1.000 - Site Accessibility
Item

Location

Description

T-24 Code

T-24
Code Requirements

1.001

Accessible Route to
Tennis Court
Unstable Surface

There is a section of the walk that
appears to flood leaving a layer of
soft soil across the walk. This
creates an unstable surface.

1133B.7.1.3

Wa ks and Sidewa ks Surface Cross Slopes

1.002

Entry Gate
North Side
Uninterrupted Surface

There is an entrance gate on the
north side of the tennis courts that
does not have a smooth
uninterrupted surface along the
bottom 10" of the gate.

1133B.1.1.1.4 Gates.
1133B.2.6
Smooth Surface

1.003

Entry Gate
North Side
Latch

The gate latch is mounted at 50 1/2" 1133B.2.5
AFF.

1.004

Entry Gate
North Side

1.005

ADAAG
Code

ADAAG
Code Requirements

Work to Be Completed

403.3

Accessible Route -Walking
Surfaces - Slope

404.2.10

Doors, Doorways, and Gates - Provide a smooth uninterrupted
Door and Gate Surfaces
surface along the bottom 10" of the
gate on both sides.

404.2.9

Doors, Doorways and Gates - Remount the latch so that it is no
Door and Gate Opening Force higher than 44" AFF.

The gate fencing is deteriorated and 1133B.1.1.1.4 Gates.
sticks out 3 1/2" from the front face 1133B.2.6
Smooth Surface
creating a hazard.

404.2.10

Doors, Doorways, and Gates - Provide a smooth uninterrupted
Door and Gate Surfaces
surface along the bottom 10" of the
gate on both sides.

Entry Gate
South Side
Uninterrupted Surface

There is an entrance gate on the
south side of the tennis courts that
does not have a smooth
uninterrupted surface along the
bottom 10" of the gate.

1133B.1.1.1.4 Gates.
1133B.2.6
Smooth Surface

404.2.10

Doors, Doorways, and Gates - Provide a smooth uninterrupted
Door and Gate Surfaces
surface along the bottom 10" of the
gate on both sides.

1.006

Entry Gate
South Side
Uninterrupted Surface

The gate fencing is deteriorated and 1133B.1.1.1.4 Gates.
sticks out 3 1/2" from the front face 1133B.2.6
Smooth Surface
creating a hazard.

404.2.10

Doors, Doorways, and Gates - Provide a smooth uninterrupted
Door and Gate Surfaces
surface along the bottom 10" of the
gate on both sides.

1.007

Entry Gate
South Side
Latch

The gate latch is mounted at 47 1/2" 1133B.2.5
AFF. and is extremely difficult to
operate.

Doors - Closer-effort to
operate doors.

404.2.9

Doors, Doorways and Gates - Remount the latch so that it is no
Door and Gate Opening Force higher than 44" AFF.

1.008

Playground - Picnic
Tables

No access ble route is provided to
the two tables adjacent to the
playground.

1127B.1

Exterior Routes of Travel General

206.2.2

Accessible Routes - Within a
Site

Provide an accessible route to all
elements and public areas of the
facility.

1.009

Playground - Walkway

The wa kway in this area has cross
slopes that range from 3.1% up to
8.5%.

1133B.7.1.3

Wa ks and Sidewa ks Surface Cross Slopes

403.3

Accessible Route -Walking
Surfaces - Slope

Remove the walkway in this area.

1.010

Playground - Walkway

The wa kway in this area has
a running slope of 9.3%.

1133B.7.3

Wa ks and Sidewa ks - Five
Percent Gradient

403.3

Accessible Route - Slope

Remove the walkway in this area.

1.011

Walkway - West Side of The wa kway near the privacy fence 1118B.1
Restrooms
is restricted to 34 1/8" wide.

Walking Surfaces - Clear
Width

Provide a clear path of travel into the
second dining area with a width of at
least 36".

Doors - Door Hardware

Space Allowance and Reach 403.5.1
Ranges - Wheelchair Passage
Width

This area should be inspected
periodically and be cleaned to
prevent any hazards.

Crosswoods Park, Citrus Heights, CA
Section 1.000 - Site Accessibility
Item

Location

Description

T-24 Code

T-24
Code Requirements

ADAAG
Code

ADAAG
Code Requirements

Work to Be Completed

1.012

Walkway - West Side of The wa kway near the privacy fence 1133B.7.1.3
Restrooms
has a cross slope of 5.7%.

Wa ks and Sidewa ks Surface Cross Slopes

403.3

Accessible Route -Walking
Surfaces - Slope

Repair or replace the walk that has
no cross slopes greater than 2.0% in
the direction of the path of travel.

1.013

Walkway - West Side of The wa kway that accesses the
1133B.7.1.3
Restrooms
women's restroom has a cross slope
and slope of 6.3%.

Wa ks and Sidewa ks Surface Cross Slopes

403.3

Accessible Route -Walking
Surfaces - Slope

Repair or replace the walk that has
no slope greater than 5.0% or,no
cross slopes greater than 2.0% in
the direction of the path of travel.

1.014

Community Center
Entrance

There is a mat on the interior side of 1124B.3
the entry doors that is not firmly
attached to the floor.

Ground and Floor Surfaces Carpet

302.2

Ground and Floor Surfaces Carpet

Provide a mat at this location that is
firmly attached to the floor.

1.015

Community Center Front Entry Doors

The push pressure to operate these 1133B.2.5
door is 10 bs. on the left and 9 bs.
on the right as you face them from
the inside.

Doors - Door Opening Force

404.2.9

Doors, Doorways, and Gates - Adjust the operating pressure on
Door and Gate Opening
these doors to be no more than 5
Force
pounds.

1.016

Community Center Service Counter

The service counter at this location 1122B.4
is mounted at 42 5/8" AFF. and there
is no lowered section provided.

Fixed or built-in seating,
tables, and counters - Height
of Work Surfaces.

902.3

Restaurants and Cafeterias Counters and Bars
(Dining Surfaces and Work
Surfaces - Height)

Provide a section of counter that is
mounted no higher than 34" AFF
and a minimum of 36" in width.

1.017

Community Center West Side Door

The door threshold creates a
elevation change of 1 1/2" AFF.

1133B.2.4.1

Thresholds.

404.2.5

Thresholds.

Provide a beveled extension on the
exterior side of this door.

1.018

Community Center West Side Door

The push pressure to operate this
door is 10 bs.

1133B.2.5

Doors - Door Opening Force

404.2.9

Doors, Doorways, and Gates - Adjust the operating pressure on
Door and Gate Opening
these doors to be no more than 5
Force
pounds.

1.019

Community Center East Rear Door

The exterior door landing has a
slope perpendicular to the door of
3.3%.

1133B.2.4.2

Doors - Floor Level at Doors - 404.2.4.4
Maneuvering Clearances at
Doors

Doors, Doorways and Gates - Provide signage, directing users to
Maneuvering Clearances the West side door.
Floor or Ground Surface

1.020

Community Center East Rear Door

The door threshold creates an
elevation change of 1 1/2" AFF.

1133B.2.4.1

Thresholds.

404.2.5

Thresholds.

1.021

Community Center East Rear Door

The push pressure to operate this
door is 10 bs.

1133B.2.5

Doors - Door Opening Force

404.2.9

Doors, Doorways, and Gates - Provide signage, directing users to
Door and Gate Opening
the West side door.
Force

1.022

Community Center Upper Patio

The upper patio has a cross slope in 1133B.7.1.3
the walkway of 6.1%.

Wa ks and Sidewa ks Surface Cross Slopes

403.3

Accessible Route -Walking
Surfaces - Slope

Provide signage, directing users to
the West side door.

Repair or replace this section so that
it has no slope or cross slope
greater than 2.0% in any direction.

Crosswoods Park, Citrus Heights, CA
Section 1.000 - Site Accessibility
Item
1.023

Location
Community Center Upper Patio

Description

T-24 Code

The path next to the landscaping
1133B.8.1
has drop offs ranging from 4" to 9
1/2" below grade and create a
hazard, with no detectable warnings.

T-24
Code Requirements
Hazards - Warning Curbs

ADAAG
Code
N/A

ADAAG
Code Requirements
N/A

Work to Be Completed
Fill sections of the landscape so
that the drop off at any section does
not exceed 4" vertical or, provide a
guardrail along this section.

1.024

Intentionally left blank.

1.025

Intentionally left blank.

1.026

Intentionally left blank.

1.027

Intentionally left blank.

1.028

Community Center Patio - Ramp

The ramp lower section has slopes 1133B.5.3
that range from 10.7% at the bottom,
8.8% in the middle and 9.0% at the
top.

Ramps - Slope

405.2

Ramps - Slope

Repair or replace this ramp so that
there is no slope greater than 8.3%
along its entire length.

1.029

Community Center Patio - Ramp

The ramp sections have expansion 1124B.2
joints that have gaps that are greater
than 1/2" wide and 1 1/2" deep.

Ground and Floor Surfaces Changes in Level

303.2

Accessible Route - Changes
in Levels

Repair or fill any opening in the
expansion joints that create a
changes in level greater than 1/2" or
openings greater than 1/2".

1.030

Community Center Patio - Ramp

The ramp upper landing at the
expansion joint has an elevation
change of 7/8" AFF.

Ground and Floor Surfaces Changes in Level

303.2

Accessible Route - Changes
in Levels

Repair or fill any opening in the
expansion joints that create a
changes in level greater than 1/2" or
openings greater than 1/2".

1.031

Community Center Patio - Ramp

The handrails at the ramp are 2 1/2" 1133B.5.5.1
wide and 9/16" thick and are not the
proper cross section as required by
code.

Ramps - Handrails for Ramps 505.7.1

Handrails - Circular Cross
Section

Provide handrails that have a
compliant cross section that is
between 1 1/4" and 1 1/2".

1.032

Community Center Patio - Ramp

The handrails at the ramp have an
extension of only 5 5/8".

Ramps - Handrails for Ramps 505.10.1

Handrails - Top and Bottom
Extensions at Ramps

Provide extensions that extend a
minimum of 12" beyond the top and
bottom of each ramp run.

1124B.2

1133B.5.5.1

Crosswoods Park, Citrus Heights, CA
Section 2.000 - Public Restrooms
Item

Location

Description

T-24 Code

T-24
Code Requirements

ADAAG
Code

ADAAG
Code Requirements

Work to Be Completed

2.001

Women's Restroom

The ADAAG signage is mounted at
63" AFF.OC.

N/A

N/A

703.1

Signs - General

Provide compliant ADAAG signage
on the str ke edge of the entry door.

2.002

Women's Restroom

There is no T-24 signage provided.

1115B.6

Bathing and Toilet Facilities Identification Symbols

N/A

N/A

Provide compliant T-24 signage.

2.003

Women's Restroom

There is a knock down door stop
1133B.2.6
mounted within the bottom 10" of the
door on the push side.

Doors - Smooth Surface

404.2.10

Doors, Doorways, and Gates - Remove knock down doorstop.
Door and Gate Surfaces

2.004

Women's Restroom

The operating pressure for the door
is just short of 11 lbs.

Doors - Door Opening Force

404.2.9

Doors, Doorways, and Gates - Adjust the operating pressure of the
Door and Gate Opening
door so that it is no more than 5
Force
pounds.

2.005

Women's Restroom

We have 54 1/2" landing on the pull 1133B.2.4.2
side of the door as it is obstructed by
the towel dispenser which extends
out 11 1/2" off the wall.

Doors - Floor Level at Doors - 404.2.4.4
Maneuvering Clearances at
Doors

Doors, Doorways and Gates - Relocate the paper towel dispenser
Maneuvering Clearances so that it does not obstruct the
Floor or Ground Surface
required clear floor space of the
door.

2.006

Women's Restroom

The knee space at the lavatory is
obstructed by the trash can.

1115B.4.3.2

Access ble Lavatories

Lavatories and Sinks - Clear
Floor Space

Relocate the trash receptacle.

2.007

Women's Restroom

The trash can obstructs the clear
floor space required for the soap
dispenser. .

1115B.8.3

Bathing and Toilet Facilities - 308.2
Accessories - Towel, Sanitary
Napkins, Waste Receptacles, 308.3
Dispensers and Controls.

Forward Reach

Relocate the trash receptacle.

1133B.2.5

606.2

Side Reach

2.008

Women's Restroom

The lavatory has a clear knee space 1115B.4.3.2
of 25 1/4" AFF at 8" back from the
front face.  

Access ble Lavatories

606.2

Lavatories and Sinks - Clear
Floor Space

Remount the lavatory so that it is no
higher than 34" to its top edge and
provides a minimum of 29" AFF to
its bottom edge at the front face and
27" AFF at 8" Back from the front
face.

2.009

Women's Restroom

The mirror is mounted at 42" AFF.

1115B.8.1.1

Accessories - Mirrors

603.3

Toilet and Bathing Rooms Mirrors

Remount the mirror so that the
bottom edge is no higher than 40"
AFF to the bottom of its reflective
edge.

2.010

Women's Restroom

The stall overall size is too small at
75 5/8" X 57 1/4". The required
minimum size is not provided for a
side entry stall.

1115B.4.1.2.2 Access ble Fixtures Access ble Water Closets

604.3.1

Water Closets and Toilet
Compartments - Size

Provide a stall that is a min. of 60"
wide and has a min of 60"
maneuvering space in front of the
water closet.

2.011

Intentionally left blank.

Crosswoods Park, Citrus Heights, CA
Section 2.000 - Public Restrooms
Item

Location

Description

2.012

Women's Restroom

The flush valve is not mounted on
the wide side of the toilet.

2.013

Women's Restroom

2.014

T-24 Code
1115B.4.1.5

T-24
Code Requirements
Toilet Facilities - Access ble
Fixtures - Controls

ADAAG
Code

ADAAG
Code Requirements

Work to Be Completed

604.6

Water Closets and Toilet
Compartments - Flush
Controls

Provide a toilet with the flush valve
on the wide side of the toilet.

The transfer space at the side of the 1115B.4.1.2.2 Access ble Fixtures toilet is 31".
Access ble Water Closets

604.3.1

Water Closets and Toilet
Compartments - Size

Provide transfer space at the side of
the toilet that is a minimum of 32".

Women's Restroom

The transfer space at the front of the 1115B.4.1.2.2 Access ble Fixtures toilet is 47".
Access ble Water Closets

604.3.1

Water Closets and Toilet
Compartments - Size

Provide transfer space at the front of
the toilet that is a minimum of 60".

2.015

Women's Restroom

The rear grab bar is not firmly
attached to the wall.

1115B.7.2

Grab Bars, Tub and Shower
Seats - Structural Strength

609.8

Grab Bars - Structural
Strength

Remount the grab bar so that it is
securely attached to the wall.

2.016

Women's Restroom

The side grab bar has a knuckle
space of 2 3/4".

1115B.7.1

Grab Bars, Tub and Shower
Seats - Diameter or Width

609.3

Grab Bars - Spacing

Provide a knuckle space of 1 1/2".

2.017

Women's Restroom

The side grab bar is not firmly
attached to the wall.

1115B.7.2

Grab Bars, Tub and Shower
Seats - Structural Strength

609.8

Grab Bars - Structural
Strength

Remount the grab bar so that it is
securely attached to the wall.

2.018

Women's Restroom

The toilet paper dispenser is
1115B.7.1
mounted above the side grab bar
and obstructs the use bar, leaving a
space above of 4".

Grab Bars, Tub and Shower
Seats - Diameter or Width

609.3

Grab Bars - Spacing

Relocate the toilet paper dispenser
under the grab bar so that it does
not obstruct the use of the grab bar.

2.019

Women's Restroom

Accessories - Toilet Tissue
Dispensers

604.7

Water Closets and Toilet
Compartments - Dispensers

2.020

Women's Restroom

The toilet paper dispenser is
1115B.8.4
mounted at 37 5/8" AFF. The
dispenser is mounterd above the
side grab bar and obstructs the use
of the grab bar for approximately
19".
There is a sanitary seat cover
1118B.4.1
dispenser mounted above and
behind the toilet that is not adjacent
to a clear floor space.

Clear Floor or Ground Space
for Wheelchairs - Size and
Approach

305.3

2.021

Women's Restroom

The sanitary seat cover dispenser is 1115B.8.3
mounted at 47 3/8" AFF at the
dispensing port.

Bathing and Toilet Facilities - 308.2
Accessories - Towel, Sanitary
Napkins, Waste Receptacles, 308.3
Dispensers and Controls.

Remount the toilet paper dispenser
under the grab bar so that the
leading dispenser is within 12" of the
front face of the toilet and the
dispensing port is no lower than 19"
AFF.
Clear Floor or Ground Space - Relocate the seat cover dispenser
Size
so that is adjacent to a clear floor
space.

Forward Reach
Side Reach

Remount the fixture so that its
dispensing port is no higher than 40"
AFF.

2.022

Women's Restroom

No D handle is provided on the
interior side of the stall door.

1115B.3.1.4.5 Toilet Facilities - Multiple
Accommodation Toilet
Facilities - Accessible Water
Closet Compartment

604.8.1.2

Water Closets and Toilet
Compartments - Wheelchair
Accessible Compartments Doors

No fix required if stall partition and
stall door are removed in their
entirety.

2.023

Women's Restroom

The interior entry door has a lock
that requires twisting and turning of
the wrist to operate.

1117B.6.4

309.4

Operable Parts - Operation

Provide a privacy lock on the entry
door that does not require pinching,
grasping or twisting of the wrist.

Controls and Operating
Mechanisms - Operation

Crosswoods Park, Citrus Heights, CA
Section 3.000 - Seating & Tables
Item

3.001

Location

Playground - Picnic
Tables

Description

There is no accessible seating
provided in this area.

T-24 Code

1122B.1

T-24
Code Requirements
Fixed or built-in seating,
tables, and counters Minimum Number

ADAAG
Code

ADAAG
Code Requirements

226.1 Dining and Work Surfaces General

Work to Be Completed

Ensure the table is in an area that
provides a stable and slip resistant
surface and is on an accessible path
of travel.

Crosswoods Park, Citrus Heights, CA
4.000 Parking
Item

Location

Description

T-24 Code

T-24
Code Requirements

ADAAG
Code

ADAAG
Code Requirements

Work to Be Completed

4.001

Intentionally left blank.

4.002

Intentionally left blank.

4.003

Parking - Space 2
Configuration

The space has a length of 17' 9' in
length, and a width of 8'1".

1129B.3.1

Access ble Parking Required - 502.2
Parking Space Size Dimensions

Parking Spaces - Vehicle
Spaces

4.004

Parking - Space 2
Configuration

No loading zone is provided
adjacent to the designated
accessible space.

1129B.4.1

Access ble Parking Required - 502.3 
Parking Space Size Dimensions

Parking Spaces - Access Aisle Provide a loading zone adjacent to
this space that is a min. of 8' in width
as required for a van accessible
parking space.

4.005

Parking - Space 2
Signage "Min. Fine"

The space is missing the required
"Minimum Fine" signage.

1129B.4

Identification of parking
spaces for off-street parking
facilities.

N/A

N/A

Provide the Required "Minimum
Fine" according to the current codes.

4.006

Parking - Space 1
Signage

The space is missing the required
signage at the head of the space.

1129B.4

Identification of parking
spaces for off-street parking
facilities.

N/A

N/A

Provide signage at the head of the
space according to the current
codes.

4.007

Parking - Space 1
Slopes and Cross
Slopes

The space has built up curb ramp
1129B.3.4
that creates running slopes to 13.3%
and cross slopes to 12.7% within the
space.

Access ble Parking Required - 502.4
Parking Space Size - Slope of
Parking Space

Parking Spaces - Floor or
Ground Surfaces

Remove built up curb ramp and
install accessible curb cut ramp;
provide access ble parking spaces
that do not have slopes that exceed
2% in any direction.

4.008

Parking - Space 1
Slopes and Cross
Slopes

The unloading zone has a built up
curb ramp which creates running
slopes to 15.8%

Access ble Parking Required - 502.4
Parking Space Size - Slope of
Parking Space

Parking Spaces - Floor or
Ground Surfaces

Remove built up curb ramp and
install accessible curb cut ramp;
provide access ble parking spaces
that do not have slopes that exceed
2% in any direction.

4.009

Parking - Space 1
Signage

The Loading Zone is missing the
1129B.4
required "NO PARKING" signage
painted on the surface of the space.

Identification of parking
spaces for off-street parking
facilities.

N/A

Provide the required "NO PARKING"
signage on the surface of the
loading zone according to the
current codes.

1129B.3.4

N/A

Provide a van accessible parking
space at this location that is a min.
of 18' in length and a min. of 9' in
width.

Crosswoods Park, Citrus Heights, CA
4.000 Parking
Item

Location

4.010

Parking - Space 1
Configuration

Description

T-24 Code

The unloading zone is on the wrong 1129B.3.1
side of the parking space.

T-24
Code Requirements
Parking Space Size Dimensions

ADAAG
Code
502.3.4

ADAAG
Code Requirements
Access Aisle - Location

Work to Be Completed
Reconfigure the parking space to
provide the unloading zone on the
passenger side.