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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 ndw