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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: CITY ATTORNEY
Subject: Resolution of the Mayor and Common
Council of the City of San Bernardino Authorizing
and Directing the Handicap Accessibility Appeals
Board to Assume the Duties and Responsibilities of
the Commission for Disabled Persons.
From: JAMES F. PENMAN
City Attorney
Date: November 10, 2004
ORIGINAL
Synopsis of Previous Council Action:
August 22, 1994:
Resolution No. 94-254 created the Handicap Accessibility Appeals Board.
November L 2004:
Ordinance No. MC-1190 eliminated the Commission for Disabled Persons.
Recommended motion:
That said resolution be adopted.
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Report
Ward:
All
FUNDING REQUIREMENTS: Amount: None
Source:
Finance:
Council Notes:
K.~C:~ 2,,("'<:.4 - <30;/-\
. I
I1II5'ID(1
Agenda Item No. 10
,
STAFF REPORT
Council Meeting Date: November 15,2004
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
November 10,2004
Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing and directing the Handicap Accessibility
Appeals Board to assume the duties and responsibilities of the
Commission for Disabled Persons (Agenda Item #10).
On November 1, 2004, the Mayor and Common Council adopted Ordinance No. MC-1190
which removed from the San Bernardino Municipal Code and eliminated four (4) inactive boards
and commissions. They were Central City Advisory Board, Cemetery Commission, Main Street
Advisory Board, and Commission for Disabled Persons.
At the time of the adoption of said ordinance, it was intended that the duties and
responsibilities of the Commission for Disabled Persons would be transferred to the Handicap
Accessibility Appeals Board since it is a viable and active entity and has similar subject matter
authority. This resolution accomplishes that intent. The duties and responsibilities to be assumed
are identical to the ones in the former chapter in the Municipal Code which pertained to the
Commission for Disabled Persons.
It is requested that the proposed resolution be adopted.
t~~l(
RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING THE HANDICAP
3 ACCESSIBILITY APPEALS BOARD TO ASSUME THE DUTIES AND
RESPONSIBILITIES OF THE COMMISSION FOR DISABLED PERSONS.
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WHEREAS. by Ordinance No. MC-1190, adopted November I, 2004, various inactive
5 boards and commissions were removed from the San Bernardino Municipal Code and eliminated;
and
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WHEREAS, one such inactivc commission was the Commission for Disabled Persons; and
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WHEREAS, at the time of such removal from the San Bernardino Municipal Code and
8 elimination, it was intended by the Mayor and Common Council that the duties and responsibilities
of said commission would be assumed by the Handicap Accessibility Appeals Board.
9
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
10 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
II SECTION 1. The Handicap Accessibility Appeals Board is hereby authorized and directed
to assume the duties and responsibilities of the Commission for Disabled Persons.
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SECTION 2. The duties and responsibilities to be so assumed are as follows:
A.
Provide the expertise of disabled persons and others upon request to assure that City
officers and agencies are cognizant of policies or practices that will enhance
accessibility of facilities and services within the City to the disabled.
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B.
Make recommendations to the Mayor and Common Council concerning the
development of programs and the adoption or amendment of ordinances or
procedures having a special impact on disabled persons.
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C.
Provide infonnation and recommendations regarding public and private funding
sources avai lable to the City for financing programs affecting the interests of disabled
persons.
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D.
Provide a forum for discussion of topics of special interest or relevance to disabled
persons, consistent with the objectives and policies of the City, including the right
to hold public hearings on matters of concern.
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E.
Maintain liaison with organizations \vithin the City comprised of disabled persons
or persons having an interest in the interaction of municipal government with
disabled persons.
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F. Perform such other duties as are requested by the Mayor and Common Council.
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liTe[ disabled 11
')
RESOLUTION OF THE MA YOR AND COM;\10N COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING TIlE IIA1\'D1C'\P
ACCESSIBILITY APPEALS BOARD TO ASSUME THE DUTIES AJ\'D
RESPONSIBILITIES OF THE COMMISSION FOR DISABLED PERSONS.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
S Common Council of the CIty of San Bernardino at a
meeting thereof. held
6 on the
day of _
,2004, by the following vote, to wit:
7 COU!\CU~ MEMBERS:
8 ESTRADA
9 LONGYILLE
10 ~lCGINNIS
1 I DCRRY
12 KELLEY
13 JOHNS001
14 MCCAMMACK
AYES
)\;AYS
ABSTAIN
ABSENT
1 S
16
CITY CLERK
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The foregoing Resolution is hereby approved this _ day of
,2004.
[9
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JUDITH Y ALLES, Mayor
City of San Bernardino
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Approved as to form and
22 legal content
23 JAMES F PENMAN,
City Attorney
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2S
By: L ?~
{l
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