Resolution - 2014-44RESOLUTION NO.2014-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, RESCINDING SECTION 3 OF RESOLUTION
NO. 8807 AND ESTABLISHING THE QUALIFICATIONS AND
PROCEDURES FOR THE APPOINTMENT OF A HEARING OFFICER
FOR THE APPEALS ARISING FROM THE LOCAL ENFORCEMENT
AGENCY
WHEREAS, on June 11, 2014, the California Department of Resources Recycling
and Recovery (CalRecycle) has requested that the City of West Covina appoint an independent
Hearing Officer in lieu of the existing Hearing Panel; and
WHEREAS, the Hearing Officer is an Officer appointed by the City Council to
render decisions in disputes regarding enforcement actions, permit conditions and administrative
civil penalties issued by the Waste Management Enforcement Agency (WMEA); and
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WHEREAS., the City Council desires to rescind Section 3 of Resolution 8807 and
replace the existing Hearing Panel with a Hearing Officer and to designate the procedures for
adjudicatory hearings by such Hearing Officer; and
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WHEREAS, the California Public Resources Code (CPRC) 44308 authorizes the
City Council to appoint a Hearing Officer provided it also adopts procedures for making the
appointment and adopts qualifications that the Hearing Officer is required to meet.
NOW, THEREFORE, BE IT RESOLVED, that Section 3 of Resolution No. 8807
is hereby rescinded, eliminating the Hearing Panel for the Local Enforcment Agency (LEA).
BE IT FURTHER BE IT RESOLVED that the following procedures for the
hearing officer and the qualifications set forth therein for a Hearing Officer are hereby adopted:
SECTION 1. Qualifications and Procedures to Appoint Hearing Officer.
a) Pursuant to the provisions of the California Public Resources Code (PRC) concerning
activities of the Local Enforcement Agency (LEA), including but not limited to those
provisions set forth in CPRC Sections 44308, et seq., the City Manager shall determine,
consistent with the requirements set forth below, a proposed Hearing Officer, whose
qualification shall be set forth and presented to the City Council for consideration of
appointment as a Hearing Officer.
b) A Hearing Officer approved by the City Council shall conduct all proceedings in accordance
with the applicable provisions set forth in the California Public Resources Code.
c) For consideration as a Hearing Officer in the above described role, a person shall be selected
for their legal, administrative, and/or technical abilities in areas relating to solid waste
management.
d) For consideration as a Hearing Officer, the person shall be independent of the "operating
unit" as defined in Title 14, CCR Section 18011.
e) For consideration as a Hearing Officer, the person shall demonstrate a judicial demeanor
consistent with the impartial conduct of any adjudicatory proceedings.
f) Any such appointment shall be memorialized by a written Agreement between the Hearing
Officer and the City.
g) Any such appointment, may be terminated by either the City Manager or the Hearing
Officer with 30 day notice.
h) The Hearing Officer may receive per diem and necessary expenses from the City while
conducting Adjudicatory Hearings for the LEA as provided under the Agreement between
the Hearing Officer and the City.
i) Additional Hearing Officers may be appointed who may serve on a rotational basis.
SECTION 2. Hearing Procedures. The administrative hearing. conducted by the
Hearing Officer shall be governed by the applicable provisions of the California Public
Resources Code, including, but not limited to California Public Resources Code Section 44310
and the procedures set forth in Exhibit A of this Resolution.
Resolution No. 2014-44
Page 2
APPROVED AND ADOPTED on this 7"' day of October 2014.
ATTEST: ;
iry Clerk Nick as S'I ewis
J.
I, NICKOLAS S. LEWIS, CITY CLERK of the City of West Covina, California, do hereby
certify that the foregoing resolution was duly adopted by the City Council of the City of West
Covina, California, at a regular meeting held thereof on the 7`" day of -October 2014 by the
following vote of the City Council:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: None
ABSENT: None
ABSTAIN: None : ;' ,,
J
City'Clerk Nick las'S'., Lewis
APPROVED AS TO FORM:
-I �- 1�f r,4j
City Attorney Kimberly Hall Barlow