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Town says county's ADA demand could make Summerhill path unaffordable; staff to send technical memo
Summary
Santa Clara County has signaled it may require a fully ADA-compliant path on Summerhill Avenue, prompting town staff to prepare a technical-constraints memo, seek limited cost estimates from the design contractor and warn the committee the consultant contract may approach $60,000 and require council approval.
Town staff told the Pathways Committee that Santa Clara County is considering requiring a fully ADA-compliant path along Summerhill Avenue, including a recommendation for rubberized asphalt. Asta (staff member) said the county has raised accessibility questions and asked for warrant studies and other technical information; the town will submit a memorandum detailing technical constraints by early February so the county can respond.
Committee members pressed staff to limit consultant hours and ask for quick, ballpark multiplicative cost estimates rather than full redesigns. One member urged the consultant to provide a simple factor (for example, "five times more expensive") so the committee could understand whether the project remains feasible within the town's fixed budget. Staff said the current design contract is "almost at $60,000" and that any additional work exceeding the contract would require returning to the town council for an increase.
Staff and committee members discussed alternatives, including segmenting construction, using rubberized materials, and seeking an encroachment permit from the county to build in the county right-of-way. Staff also flagged legal and exposure concerns: county design standards and the federal Title II (ADA) framework may not line up with the town's preferred design, and the county must weigh potential litigation risk before accepting nonstandard designs.
The committee asked staff to pursue a narrow, rapid cost estimate from the consultant to clarify whether the town should pause or advance the project and to prepare any required contract increases for council consideration. Staff said it will continue to negotiate with county staff and report back at a future meeting.
