Status of neighborhood proposal to add Stow Steps
The Stow Steps may not be dead yet. Tom O'Brien has provided us with
this update:
December 17, 2011
The City has told us that in order to comply with the requirements of
Americans with Disabilities Act, the Stow Steps could not be built without an
accompanying wheelchair ramp. In order to build the ramp, the City would
have to acquire rights to the private property where the existing foot path is
located. The costs of acquiring the rights (if that is even possible) and
building the ramp would be prohibitive.
However, it's just not clear what provisions of the ADA the City thinks
apply. I'm not a lawyer, but two facts stand out in my reading of the
regulations:
1> The ADA regulations clearly recognize that exceptions are allowed when
physical constraints (specifically terrain) make compliance infeasible. A
wheelchair ramp could not feasibly be constructed within the bounds of the
existing City right-of-way (the approximately 50 foot wide strip of slope
extending straight out beyond the end of Stow Avenue).
2> Public access guidelines are all framed within the context of the
“scope of work” (the existing property boundaries). There is nothing in
the regulations that require the scope of work to be expanded beyond those
boundaries – to acquire rights from adjacent private property owners.
As I read the regulations, if the scope of work is clearly defined as
providing a pedestrian path within the existing City right of way, that path
could be a stairway, even though building a ramp within that right of way isn't
feasible.
I have raised these issues with the City, but reconsideration of the matter
has been delayed by a reorganization and new hires within the City Attorney's
Office, and the installation of a new mayor. When things settle down after
the holidays, I intend to nudge them again."
July 19, 2011 Presented at the Walnut Creek City Council Meeting, Tuesday, July 19, 2011
To the Walnut Creek City Council:
We are pleased as residents of the Almond-Shuey neighborhood, one of the oldest
downtown neighborhoods in Walnut Creek to support the city in its effort to create
an inviting, prosperous downtown area, filled with the best restaurants, shops and
entertainment in the East Bay. Our neighborhood is part of that vibrant downtown.
To underscore that connection we are seeking the City’s help in getting a pedestrian
stairway constructed on the City-owned right-of-way between the end of Stow Avenue
and California Boulevard.
For years, many residents used a sloping pathway at the end of Stow Ave to walk down
to California Boulevard, then to cross into the downtown area. When the city installed
a retaining wall along California Boulevard, the owner of the property on which the path
was located had to block access to that path for safety reasons. The neighborhood had
no input into the design of the wall, and some residents still persist in trespassing to
take the old shortcut. We’ve even seen seniors from Heritage Pointe going this way.
The owners of the properties on Stow Avenue, along with a representative cross-section
of our neighborhood are now petitioning you to create a stairway to safely reconnect
our neighborhood to the downtown. This would be done with the understanding that if
the land uses at the end of Stow Avenue change at some time in the future, as foreseen
in the General Plan, the owners will incorporate into their plans a suitable pedestrian
walkway to replace these stairs.
The steps we hope to see constructed will be much more than just simple access for
the neighborhood. They will be a statement of neighborhood pride – recognition of our
neighborhood, which was formed even before the City was incorporated. We’d like a
staircase that says this is the Almond Shuey. It would be like saying we are becoming a
great city, but we are not forgetting our hometown component.
We are seeking your preliminary endorsement, and the assignment of someone on Staff
to help us realize our vision. If the City does not currently have resources available to
carry out a project like this, we will help seek funds, get design suggestions, landscape
ideas and do whatever fundraising is necessary. We look forward to your support.
Sincerely,
Kent Jones
Tom O'Brien
Steve Reiser
George Taylor
Mary Hardy
Julie Dudum Del Santo
Michael Frederick
Carlos and Susan deRubira
Karen & Bill Todoroff
this update:
December 17, 2011
The City has told us that in order to comply with the requirements of
Americans with Disabilities Act, the Stow Steps could not be built without an
accompanying wheelchair ramp. In order to build the ramp, the City would
have to acquire rights to the private property where the existing foot path is
located. The costs of acquiring the rights (if that is even possible) and
building the ramp would be prohibitive.
However, it's just not clear what provisions of the ADA the City thinks
apply. I'm not a lawyer, but two facts stand out in my reading of the
regulations:
1> The ADA regulations clearly recognize that exceptions are allowed when
physical constraints (specifically terrain) make compliance infeasible. A
wheelchair ramp could not feasibly be constructed within the bounds of the
existing City right-of-way (the approximately 50 foot wide strip of slope
extending straight out beyond the end of Stow Avenue).
2> Public access guidelines are all framed within the context of the
“scope of work” (the existing property boundaries). There is nothing in
the regulations that require the scope of work to be expanded beyond those
boundaries – to acquire rights from adjacent private property owners.
As I read the regulations, if the scope of work is clearly defined as
providing a pedestrian path within the existing City right of way, that path
could be a stairway, even though building a ramp within that right of way isn't
feasible.
I have raised these issues with the City, but reconsideration of the matter
has been delayed by a reorganization and new hires within the City Attorney's
Office, and the installation of a new mayor. When things settle down after
the holidays, I intend to nudge them again."
July 19, 2011 Presented at the Walnut Creek City Council Meeting, Tuesday, July 19, 2011
To the Walnut Creek City Council:
We are pleased as residents of the Almond-Shuey neighborhood, one of the oldest
downtown neighborhoods in Walnut Creek to support the city in its effort to create
an inviting, prosperous downtown area, filled with the best restaurants, shops and
entertainment in the East Bay. Our neighborhood is part of that vibrant downtown.
To underscore that connection we are seeking the City’s help in getting a pedestrian
stairway constructed on the City-owned right-of-way between the end of Stow Avenue
and California Boulevard.
For years, many residents used a sloping pathway at the end of Stow Ave to walk down
to California Boulevard, then to cross into the downtown area. When the city installed
a retaining wall along California Boulevard, the owner of the property on which the path
was located had to block access to that path for safety reasons. The neighborhood had
no input into the design of the wall, and some residents still persist in trespassing to
take the old shortcut. We’ve even seen seniors from Heritage Pointe going this way.
The owners of the properties on Stow Avenue, along with a representative cross-section
of our neighborhood are now petitioning you to create a stairway to safely reconnect
our neighborhood to the downtown. This would be done with the understanding that if
the land uses at the end of Stow Avenue change at some time in the future, as foreseen
in the General Plan, the owners will incorporate into their plans a suitable pedestrian
walkway to replace these stairs.
The steps we hope to see constructed will be much more than just simple access for
the neighborhood. They will be a statement of neighborhood pride – recognition of our
neighborhood, which was formed even before the City was incorporated. We’d like a
staircase that says this is the Almond Shuey. It would be like saying we are becoming a
great city, but we are not forgetting our hometown component.
We are seeking your preliminary endorsement, and the assignment of someone on Staff
to help us realize our vision. If the City does not currently have resources available to
carry out a project like this, we will help seek funds, get design suggestions, landscape
ideas and do whatever fundraising is necessary. We look forward to your support.
Sincerely,
Kent Jones
Tom O'Brien
Steve Reiser
George Taylor
Mary Hardy
Julie Dudum Del Santo
Michael Frederick
Carlos and Susan deRubira
Karen & Bill Todoroff
And the City responds...
Great Response from the City to the Stow Steps Idea.
From: Kent Jones, on behalf of the Almond-Shuey Neighborhood.
Date: Wednesday, July 20, 2011, 5:19 PM
Mayor Cindy Silva
Thank you for such a quick and thoughtful response to our steps idea. I am forwarding your note to all those who signed our original letter. We do want to move forth with the project and we appreciate you understanding that. We look forward to working with the City to see if we can make this work. Again thanks for being on top of this and getting back to us so quickly.
Kent
From: Cindy Silva, Mayor of Walnut Creek
Date: Wednesday, July 20, 2011, 3:40 PM
Hi Kent,
Again, thank you for taking the time to attend our City Council meeting last night and presenting the neighborhood idea about the steps at the end of Stow Avenue. I know that all members of the City Council are intrigued with constructive, thoughtful ideas that are proposed by a group of neighbors -- and it certainly doesn't hurt when you offer to help raise funds for the project.
For me, it was particularly serendipitous that our Community Development Director had mentioned the Almond-Shuey neighborhood earlier in last night's meeting when she was talking about the grant we have received from the Metropolitan Transportation Commission to do a full study and plan for the neighborhood streets south of the BART station. The purpose of this plan is to improve pedestrian access through the entire area so that it is easier to use BART and other forms of alternative transportation. So, ideas like the one you presented on behalf of the neighborhood last night are a perfect complement to the planning upon which we are about to embark.
Of course, comprehensive planning processes that involve extensive community input tend to take time, so I imagine you might want to know if there's a way to explore this idea sooner rather than later. In addition, it's difficult to have substantive discussion about an idea without some preliminary assessment of the engineering, legal/regulatory, and financial issues.
With that in mind, and to see if we can't get some idea of what it would take to do this, I mentioned my thoughts to our City Manager, Ken Nordhoff, and Public Services Director, Heather Ballenger, earlier today as part of another meeting. So, by way of this email, I am introducing you to Ken and Heather and also to Steve Waymire, our City Engineer. Steve is also aware of your idea and knows the spot you are thinking of.
I believe you will hear from one of these three individuals so they can begin the discussions with you and your neighbors.
Again, thank you for the idea and for presenting it to us last night.
Best regards,
Cindy Silva
Mayor, City of Walnut Creek