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that historic configuration. There are no valid reasons given to now break that pledge. <br />The CM has found that there are no city or county codes or ordinances that prohibit it. <br />We are obligated to keep our promise stated publicly in our Council Resolution that we <br />will preserve it. Refusal to do this is to say one thing, then do another. In marketing <br />parlance this is a "Bait and Switch", and I ask my honorable Council Colleagues to <br />reaffirm that integrity and credibility are still characteristics of this Council. <br /> <br />I will vote to retain the curb...and urge you all to make this the unanimous statement <br />from this Council, keeping the trust expected from your community. <br /> <br />Ms. Welsch said she will vote in favor of keeping the curb and asked her Council <br />colleagues to please consider keeping it. She repeated some items. She believes the <br />Council's highest priority is to live up to the pledge made last September, which stated, <br />"We will maintain the historic character of the building and pool, including the footprint <br />and architecture." When she looked at the charge to the EDM engineering firm, she <br />noted that nowhere did we mention maintaining the historic character, so she is not <br />surprised that EDM, which designs many modern day pools, did not take this into <br />consideration. She stated that U City has a unique pool and she hopes it will be <br />maintained. As Councilmember Wagner pointed out, in the Proposition K facts, it was <br />said the pool footprint, surrounding trees and traditional architecture are to be <br />preserved. In the City Scape it was said the pool footprint, surrounding trees and <br />architectural footprint are to be preserved. On the "Vote Yes for Proposition K" Flyer <br />that went out, it talked about "fixing" the Heman Park Pool, not changing it. In the survey <br />that we put on the web site and in the City Scape, it said "the structure of the pool will <br />remain the same." She is not surprised that EDM did not come up with this because <br />they did not know that we were so concerned about the historic character of the pool. <br />She said that some of the information presented about tripping is people stating their <br />theory, when in fact there have been seventy years of practice here with this pool, and <br />the City Manager told us that we have no reports of people tripping over that curb. In <br />the disability minority perspective that we received in April 2003, we said that what <br />benefits a person with a disability in our community, benefits the entire community and <br />she feels building a deck around the pool that is not ADA compliant is not benefiting any <br />part of our community. She learned today from the US Department of Justice that we <br />do not have to make this pool accessible at all, because ADA does not cover that, but <br />the Council voted to make the pool accessible and a deck with a slope they are talking <br />about is not an ADA-compliant slope. In some of the background information provided <br />by the City Manager he underlined, "a truly accessible building incorporates features <br />that address a broad range of disabilities." She argued that only people in wheelchairs <br />are considered. We have older people, children, and other people who may have <br />trouble walking. She suggested the slope will make it more difficult for them to walk <br />around the whole deck of the pool. She directed everyone's attention to a letter that Mr. <br />Moton received from Mary Furfarro, coordinator of Inclusive Services for the Mid-County <br />Region in which she said, "Having a step around the pool is a unique characteristic. <br />Keeping it in the plans for renovation would be a benefit for all. Some individuals would <br />see the step as an asset. The step could be a safety feature for people with visual <br />impairments who use a pro-cane; adolescents in wheelchairs could use the step to get <br />Page 11 <br /> <br /> <br />