HomeMy WebLinkAboutAgenda Report - October 15, 1997 (110)CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Appointment of Hearing Officers called for in §8.24.060 of the
City's Comprehensive Municipal Environmental Response and
Liability Ordinance
MEETING DATE: October 15, 1997
PREPARED BY: City Manager
RECOMMENDATION: That the City Council appoint as hearing officers Tim Hackman
and John Reese and to authorize the City Manager to sign
appropriate agreements with those individuals for services as well
as with Judge Darrah for training services.
BACKGROUND: The City Council has adopted a Comprehensive Municipal
Environmental Response and Liability Ordinance. The adoption of
this Ordinance is part of the program that the City is undertaking
relative to addressing the groundwater contamination situation that exists within the City of Lodi. Within
the Ordinance a due process procedure is established in order to address issues which may be raised by
individuals or businesses which face abatement orders under the Ordinance. This due process procedure
as established by §8.24.060 of the Ordinance contemplates the existence of hearing officers to handle
disputed matters.
We are recommending to you that two individuals be appointed as hearing officers. The recommendation
of two hearing officers is made so that we can promptly address disputed issues and reach resolution of
them as quickly as possible. The individuals have agreed to provide the hearing officer services at a rate
of $250.00 per hour. If the recommendation relative to this item is approved, agreements would be
entered into which would provide for the timely undertaking of disputes by the hearing officers at the rate
of $250.00 per hour. Additionally, there would be preliminary training provided to the hearing officers on
the procedures set out in the Comprehensive Municipal Environmental Response and Liability Ordinance.
Those procedures coupled with statutory procedures found in State law would form the basis for the
training to be provided to the hearing officers by retired San Joaquin County Superior Court Judge John
Darrah. Retired Judge Darrah has agreed to provide the training for an hourly fee of $200.00. It is
anticipated that the training to be provided would not exceed five hours.
FUNDING: 18.3-453.03-323 PCE/TCE Monitoring Program
Respectfully submitted,
Dixon Flynn, City Manager
APPROVED:
H. D' on Flynn -- City fAinager