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CITY OF SAN BE~~,:~. .~DINO - REQUEST F R COUNCIL ACTION
File No. 6.46-1
From: ReGER G. HARDGRAVE
Dept: Public Works
Date: 8-4-94
Su~~t: Authorization to Appoint
Handicap Accessibility Appeals
Board
Synopsis of Previous Council action:
None.
Recommended motion:
Adopt resolution.
cc: Shauna Clark
Ernie Wilson
Al Boughey
Jim Penman
Contact person: Roqer G. Hardqrave
Phone:
5025
Supporting data attached: Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
-lAcet. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No. S -I
CITY OF SAN BERN RDINO - REQUEST ,.. "R COUNCIL ACTION
STAFF REPORT
Notices of Violations relative to handicap accessibility
are being sent to several businesses, in response to a complaint
filed with the Attorney General's Office.
appeals
present
Council.
It is expected that some of
of the determination by the
time, these appeals will
these businesses will submit
"Building Official." At the
be heard by the Mayor and
Section 19957.5 of the State of California Health and
Safety Code provides for a local agency to establish a five (5)
member Handicap Accessibility Appeals Board to hear these
appeals. The composition of this Appeals Board will be:
1. Handicap Person (2)
2. Person Experienced in Construction (2)
3. Public Person (1)
The responsibility of this Appeals Board will be to
conduct hearings on written appeals of determinations of viola-
tions by a "Building Official," and applications for finding of
unreasonable hardship. This Board will have the responsibility
of adopting regulations and procedural rules for fulfilling their
duties.
A procedure for accepting and processing complaints
received by the City is being developed, as provided for by State
law.
We recommend that the Mayor be authorized to appoint a
Handicap Accessibility Appeals Board.
URGENCY CLAUSE:
Since some Notices of Violations have been sent, it is expected
that a portion of the businesses will submit appeals. It is
necessary to have this Board established, in order to hear the
appeals.
8-4-94
75-0264
1
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR OF SAID CITY TO APPOINT A HANDICAP ACCESSIBILITY APPEALS
3 BOARD.
4
RESOLUTION NO.
5
6
7
8
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10
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12
13
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15
16
17
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19
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby
authorized and directed to appoint a five (5) member
Handicap Accessibility Appeals
Board in accordance with
provisions of Section 19957.5 of State of California Health and
Safety Code.
SECTION
2.
The
Handicap Accessibility Appeals
Board
shall conduct hearings on written appeals to Notices of
Violations and applications for Unreasonable Hardship Exception,
in accordance with applicable State laws and procedures and
regulations adopted by the Mayor and Council.
SECTION 3.
The Handicap Accessibility Appeals Board
decision shall be final and conclusive and shall not be subject
to appeal to the Mayor and Common Council. Pursuant to Code of
Civil Procedure Section 1094.6, any action to review the decision
of the Handicap Accessibility Appeals Board shall be commenced
not later than the ninetieth (90th) day after the date the
21
Handicap
22
23 / / / /
24 / / / /
25 / / / /
26 / / / /
27 / / / /
28 / / / /
8-4-94
Accessibility appeals Board's order is adopted.
RESO:
AUTHC"cZING APPOINTMENT OF HANDICAP ACCESSIBILITY APPEALS I
BOARl
1
I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a meeting thereof, held on the
4 day of
5 Council Members:
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 DEVLIN
11 POPE-LUDLAM
, 1994, by the following vote, to-wit:
AYES
NAYS
ABSTAIN
ABSENT
12 MILLER
13
14
15
16
17 day of
18
Rachel Clark, City Clerk
The foregoing resolution is hereby approved this
, 1994.
Tom Minor, Mayor
Ci ty of San Bernardino
19
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
22
23 By
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27
28
,
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