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Resolution - 2020-104RESOLUTION NO. 2020-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA CONFIRMING A WASTE MANAGEMENT ENFORCEMENT AGENCY AS A DIVISION OF THE FIRE DEPARTMENT AND DESIGNATING A LOCAL ENFORCEMENT AGENCY FOR ENFORCEMENT OF A SOLID WASTE MANAGEMENT PROGRAM IN THE CITY OF WEST COVINA WHEREAS, on April 7, 1992, the City Council of the City of West Covina adopted Resolution No. 8807 "CREATING A WASTE MANAGEMENT ENFORCEMENT AGENCY, DESIGNATING A LOCAL ENFORCEMENT AGENCY AND CONFIRMING THE HEARING PANEL FOR ENFORCEMENT OF A SOLID WASTE MANAGEMENT PROGRAM IN THE CITY OF WEST COVINA, AND APPOINTING A LOCAL ENFORCEMENT AGENCY PROGRAM MANAGER;" and WHEREAS, on July 29, 1992, the California Integrated Waste Management Board (predecessor agency to the Department of Resources Recycling and Recovery — CalRecycle) approved the City of West Covina Enforcement Program Plan and during this period also certified the West Covina Waste Management Enforcement Agency (WMEA) as the Citys designated Local Enforcement Agency (LEA) for the City of West Covina; and WHEREAS, since that time the City has had several reorganizations and the WMEA responsibilities have been assigned to various City Departments, the designation of which as the LEA were never formalized by amendment of Resolution No. 8807; and WHEREAS, after consultation with CalRecycle, CalRecycle and the City agree that the designation of the successor department to be housing the LEA should be confirmed by the City and the reporting structure reflected in this resolution and thereafter in a current organizational chart and posted on the City s website; and WHEREAS, the City Council does hereby again confirm, find, determine and declare that California Public Resources Code section 43203(c) authorizes the City Council to designate a separate Local Enforcement Agency for the City of West Covina; and WHEREAS, On October 7, 2014, the City Council adopted Resolution No. 2014- 44 establishing the criteria for appointment of a hearing officer pursuant to Public Resources Code section 44308(d) and Title 14, California Code of Regulations section 18060 with the hearing officer to conduct all hearings required by Public Resources Code Part 4, Chapter 4, and Part 5, Chapter 1; and WHEREAS, On July 16, 2019, the City Council adopted Resolution No. 2019-53 establishing Mr. Mike Hambel as the LEA Hearing Officer. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA HEREBY RESOLVE AS FOLLOWS: SECTION 1. Resolution No. 8807 is hereby rescinded. SECTION 2. Resolution No. 2014-44 shall remain in full force and effect. SECTION 3. Resolution No. 2019-53 is hereby rescinded. SECTION 4. The City shall appoint a qualified hearing officer pursuant to the procedures set forth in Resolution No. 2014-44 as soon as possible and shall report that information to CalRecycle through an update to its Enforcement Program Plan. SECTION 5. The City Council does confirm the establishment of the City of West Covina Waste Management Enforcement Agency ("WMEA") SECTION 6. The WMEA shall be a division of the Fire Department and shall be separate and apart from the Community Development Department consistent with the conflict of interest provisions of Public Resources Code Section 43207; and SECTION 7. Pursuant to California Public Resources Code section 43203(c), the City does hereby designate the WMEA to be the LEA for the City of West Covina, as a division of the Fire Department. SECTION 8. The Chief of the Fire Department is authorized to act independently of the City to carry out the responsibilities of the WMEA. SECTION 9. The Fire Department on behalf of the WMEA may contract for a qualified Local Enforcement Agency program manager pursuant to applicable statutory and regulatory requirements. SECTION 10. The provisions of this Resolution have been reviewed by and are acceptable to CalRecycle staff. SECTION 11. This resolution shall be effective upon administrative approval by CalRecycle staff no later than November 10, 2020. SECTION 12. The City Clerk shall certify to the adoption of this Resolution and shall enter the same in the book of original resolutions. APPROVED AND ADOPTED this 20th day of Oyte er, 2020. Tony 1 Mayor APPROVED AS TO FORM ATTEST 4 Thomas P. Du e Lisa Sh ick City Attorney Assists City Clerk I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2020-104 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 20th day of October, 2020, by the following vote of the City Council: AYES: Castellanos, Johnson, Shewmaker, Lopez-Viado, Wu NOES: None ABSENT: None ABSTAIN: None �Iexxue� Li Sherrick A istant City Clerk