HomeMy WebLinkAbout01/09/91 MINUTES RA164
Bakersfield, California, January 9, 1991
Minutes of the Special Meeting of the Central
District Development Agency of the City of Bakersfield,
California, held in the Council Chambers of City Hall,
1501 Truxtun Avenue, at 5:45 p.m., January 9, 1991.
The meeting was called to order by Chairperson
Rubin.
Present:
Absent:
Agency Members Rubin, Ruddell, Araujo, Dunn,
Paynter
Agency Member Sceales
REPORTS
Report No. 91-2 from the Development
Committee regarding written request from
M. D. Atkinson Company, Inc., for the
issuance of a Certificate of Completion
for City Center.
Chairperson Rubin advised that this item was
continued from the meeting of January 7, 1991.
Economic Development Director Wager advised that
the Building Department staff has indicated that the
clearance in the parking structure is 8 feet, 2 inches, as
per law. Mr. Wager further stated that the Certificate of
Completion has been modified by changing the wording of the
third "Whereas" by lining through "to be developed on the
site" and by adding "as required in the scope of development
contained in the amended Participation Agreement".
Agency Member Paynter made a motion to accept the
Report.
Mr. Bob Ashbeck with Community Access Network
advised he still has problems with the pipes and overhead
clearance, and suggested that signage be put up advising the
handicapped of the clearance and a crossing guard be placed
at the parking structure to help with the backing up problem.
Chairperson Rubin requested, for the record, that a
spokesperson for the Building Department come forward and
certify that the facility is built in accordance with State
law.
Assistant City Attorney Daniel
Accessibility Standards published by the
Architect concerning parking structures,
read from the
Office of the State
as follows:
All entrances to and vertical clearances
within parking structures shall have a
minimum vertical clearance of 8 feet, 2
inches, where required for accessibility
to handicapped/physically disabled parking
spaces.
Mr. Daniel further stated, according to Building Director
Bidwell, the parking structure complies with Code, and the
law has been complied with.
Upon a motion by Agency Member Paynter, Development
Committee Report No. 91-2 was accepted. Agency Member Araujo
voted no.
Bakersfield, California, January 9, 1991 - Page 2
Agency Member Paynter made a motion that the
recommendations of Development Committee Report No. 91-2 be
implemented.
Agency Member Ruddell stated he was troubled
initially with being asked, to accept a building being
constructed in accordance with the scope of the development
agreement with this Agency when there is a real question as
to whether or not that building complies with handicap access
codes, Title 24. He further stated he was disappointed to
hear that the facility does comply, but only to the barest
minimum technicalities of the law. Mr. Ruddell advised that
as a public agency and with public funding, the Agency needs
to go beyond that and to assure that access not only
complies, but is convenient and inviting to the handicapped
public that it is intended to serve. Mr. Ruddell further
Agency Member Ruddell further advised he drove
through the building in his own vehicle and, although the
handicap parking is there and it may be in compliance, it is
not very inviting, and if he were handicapped he would have
some real doubts and, perhaps even some fright, about how to
use it because it is not real safe. Additionally, he did not
think there were signs leading from the first floor up that
would indicate clearances are restricted below 8 feet, 2
inches beyond that point. Mr. Ruddell stated he felt
obligated to vote to implement the recommendations because of
the assurance from staff that the building meets code
compliance, but he was not happy about it and felt a much
better job could have been done.
Chairperson Rubin suggested Mr. Ashbeck and others
within the disabled community could perhaps petition either
Sacramento or the City Council in regard to signage and
legislation to address some of the questions he raised. He
further stated he felt the owner of the property would,
certainly, willingly comply to provide the necessary signage
in order to comply with the law if, in fact, it is not in
compliance.
Mr. Ashbeck stated for the record, the law states
an alternate system may be utilized "providing the equivalent
facilitation and protection is thereby provided".
Assistant City Attorney Daniel stated he did not
believe Mr. Ashbeck's statement was a correct interpretation
of that law.
Upon a motion by Agency Member Paynter, the
recommendations of Development Committee Report No. 91-2 were
implemented. Agency Member Araujo voted no.
Agency Member Dunn stated that sometimes the letter
of the law is not the spirit of the law, and she asked of
Mr. Ashbeck, that the next time a building is built in this
community, if he would bring it before a committee to make
the Agency aware of the special needs so that compliance with
the spirit of the law could be complied with.
Chairperson Rubin thanked Mr. Ashbeck for taking
the time to come to the meeting and stated that he, too, is
hopeful that Mr. Ashbeck will communicate with the Agency in
a more timely way so that these matters can be taken under
advisement with sufficient time to check out and bring forth
some expert opinion on the interpretation of the law.
Bakersfield, California, January 9, 1991 - Page 3
Chairperson Rubin announced that due to a conflict
in scheduling, the Regular Meeting for January 22, 1991, will
be held in the Planning Department Conference Room located in
the basement of the Annex Building.
ADJOURNMENT
There being no further business to come before the
Agency, upon a motion by Agency Member Ruddell, the meeting
was adjourned at 6:15 p.m.
AC~eAnIcR~ERolOtNheOfc~th~ oC~nBt~elrsD~et~ct Development
ATTEST:
SECRETARY of the Central District Development
Agency of the City of Bakersfield
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