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Consider appointment of a primary representative to the Solid Waste Independent Hearing Panel; and Rescind the appointment of Supervisor John Vasquez due to his having reached the eight year term limit required under California Public Resources Code section 44308
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Published Notice Required? Yes ____ No _X _
Public Hearing Required? Yes ____ No _X _
DEPARTMENTAL RECOMMENDATION:
The Clerk of the Board recommends the Board:
1) Consider appointment of a primary representative to the Solid Waste Independent Hearing Panel; and
2) Rescind the appointment of Supervisor John Vasquez due to his having reached the eight year term limit required under California Public Resources Code section 44308.
SUMMARY/DISCUSSION:
The Solid Waste Independent Hearing Panel (Panel) is a statutorily required body under the California Integrated Waste Management Act. Although the Panel has never been convened, Solano County is required to maintain an appointed member of the Board of Supervisors in compliance with state law. Supervisor John Vasquez has served the maximum number of years permitted by California Public Resources Code section (PRC) 44308 and is therefore no longer eligible to serve. This recommended action will rescind his recent appointment and allow the Board of Supervisors to appoint a new, eligible member.
PRC 44308 requires each county to appoint members to an Independent Hearing Panel to hear appeals related to solid waste facility permit decisions should such appeals arise. The Panel exists to ensure due process and independent review, even if no appeals are filed.
FINANCIAL IMPACT:
There is no fiscal impact associated with rescinding the appointment or appointing a new Panel member. The Solid Waste Independent Hearing Panel is only convened if an appeal is filed, and no additional costs are incurred unless a hearing takes place.
ALTERNATIVES:
The Board could choose not to rescind Supervisor Vasquez’s appointment; however, that is not recommended as it would result in the County being out of compliance with PRC Section 44308. The Board could also choose to rescind the appointment without appointing a replacement. This is also not recommended because it would leave the panel incomplete and would result in the County being out of compliance with PRC section 44308.
OTHER AGENCY INVOLVEMENT:
CalRecycle monitors County Solid Waste Independent Hearing Panel appointments and notified the County that Supervisor Vasquez was no longer eligible to serve due to term limits.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION