07-16-2019 - Item 05 - Consideration of Appointment of A Hearing Officer For Calrecyle Local Enforcement Agency ProgramAGENDA ITEM NO. 5
AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE:July 16, 2019
TO:Mayor and City Council
FROM:David Carmany
Interim City Manager
SUBJECT:CONSIDERATION OF APPOINTMENT OF A HEARING OFFICER FOR CALRECYCLE
LOCAL ENFORCEMENT AGENCY PROGRAM
RECOMMENDATION:
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2019-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPOINTING A HEARING OFFICER FOR THE APPEALS ARISING
FROM THE LOCAL ENFORCEMENT AGENCY
DISCUSSION:
In 1995, the California Department of Resources Recycling and Recovery (CalRecycle, formerly known as the
California Integrated Waste Management Board) certified the City of West Covina’s designation of the Waste
Management Enforcement Agency (WMEA) program to oversee the closure of the Ben K. Kazarian (BKK) Landfill
operations. The WMEA also provides CalRecycle’s Local Enforcement Agency (LEA) Program post-closure
inspections and reporting requirements.
The California Public Resources Code (CPRC) Section 44308 (Attachment No. 1) requires an independent Hearing
Panel or Hearing Officer be appointed by the local governing body. The responsibility of the Hearing Panel or
Hearing Officer is to render decisions in disputes regarding enforcement actions, permit conditions, and
administrative civil penalties issued by CalRecycle.
On October 14, 2014, the City Council adopted Resolution No. 2014-44 establishing the qualifications and
procedures for the appointment of Hearing Officer. On March 3, 2015, the City Council appointed an independent
Hearing Officer, Mr. Joe Maturino, as the City’s LEA Hearing Officer. With the recent resignation of Mr.
Maturino, the City needs to appoint a new Hearing Officer to keep the City in compliance with CPRC Section
44308. During the time Mr. Maturino served as the Hearing Officer there were no hearings required.
Mr. Mike Hambel, Acting Fire Chief, has agreed to serve as the City’s LEA Hearing Officer. Pursuant to
Resolution No. 2014-44, Mr. Hambel has strong qualifications, professional experience, administrative, and
technical abilities which qualifies him to serve in this capacity.
OPTIONS:
The City Council has the following options:
Approve staff’s recommendation; or1.
Provide alternative direction.2.
Prepared by: Hossana Conner, Senior Administrative Assistant
Fiscal Impact
FISCAL IMPACT:
Since the Hearing Panel has not been used once since it was established, it is unlikely that there will be any
monetary impact to the City.
Attachments
Attachment No. 1 - CPRC Section 44308
Attachment No. 2 - Resolution No. 2014-44
Attachment No. 3 - Resolution No. 2019-53
CITY COUNCIL GOALS & OBJECTIVES: Enhance City Programs and Activities