RES-2014-128 RESOLUTION NO. 2014- 128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, APPOINTING ROBERT
SHANNON AS THE CITY HEARING OFFICER PURSUANT
TO SECTION 1.12.110 OF THE ANAHEIM MLJNICIPAL
CODE, AND APPROVING AN AGREEMENT FOR HEARING
OFFICER SERVICES WITH ROBERT SHANNON
WHEREAS, the City Council, by Ordinance No. 5866, and in order to conform
previously existing language in the Anaheim Municipal Code relating to selection of a hearing
officer with the requirements set forth by the California Supreme Court in Haas v. Counry of
San Bernardino (2002) 27 Cal. 4th 1017, has created the office of City Hearing Officer to hear
prescribed matters, thereby ensuring that the appointment of a hearing officer does not create
the possibility that favorable decisions will be rewarded; and
WHEREAS, Ordinance No. 5866 provides that the City Hearing Officer shall be
appointed by Resolution of the City Council; and
WHEREAS, the City Council, by Resolution, previously appointed Alan Burns as the
City Hearing Officer for a period of three years, which term is due to expire in July 2014; and
WHEREAS, Robert Shannon is an attorney with experience in both municipal law and
administrative proceedings, and is qualified to conduct fair and impartial hearings on behalf of
the City; and
WHEREAS, it is the intent of the City Council to appoint Mr. Shannon as the City
Hearing Officer for a period of three years, without the possibility for renewal of the contract, to
accomplish the following major objectives:
1. To ensure that the appointment of the City Hearing Officer does not create the
possibility that favorable decisions will be rewarded.
2. To hear all matters to be conducted by the City Hearing Officer pursuant to the
provisions of Ordinance No. 5866.
3. To conduct fair, timely and impartial hearings.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby appoints Robert
Shannon to serve as the City Hearing Officer pursuant to the Agreement for Hearing Officer
Services, attached hereto as Exhibit "A" and incorporated herein by this reference (hereinafter
"Agreement for Hearing Officer Services"), which agreement shall become effective August 1,
2014; and
BE IT FURTHER RESOLVED that the Agreement for Hearing Officer Services be, and
the same is hereby, approved, and the City Attorney is hereby authorized to administer that
Agreement and the terms thereof on behalf of the City.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 22ndday of July , 2014, by the following roll call vote:
AYES: �Yor Tait, Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By:
MA OR OF TH CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF A AHEIM
103376v2
Exhibit A
� Agreement for Hearing Officer Services
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1 A�'rREEMEI�'T FOR HE OFFICER SERVICES
2
3 T'HIS .AGREEME�V'T, dated solely for purposes of identification this _ day of
4 _, 2014, is made and entered into by and between the
5
6 CITY OF ANAHEIM, a municipal cozparation,
hereinaf�er referred to as "ANAHEIM,"
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10 ROBERT SHANNON, ESQ.,
hereinafter referred to as "I3EAiEZING OFFICER".
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WITNESSETH:
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� r 3 WHEREAS, in order ta conform ta the Califorx�ia Suprerne Court decision in
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� Z W Q�� 14 Haas v. Countv of San Bernardino, (2002) 27 Ca1.4th 10I7, the City Council adopted Ordinance
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� o� s�= 15 No. �855 revising numerous se�tions of the Anaheim Municipai Code relating ta the referral of
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16 matters to hearing officers aud fiuther created the position of City Hearing Clfficer, appoznted by
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o N 17 resolution of the City Council, to hear prescribed matters arising durin.g a designated period of
18 tirne without the possibility af extension or renewal af the appointment; and
� 9 WHEREAS, HEARING OFFICER is an attorney experienced in both municipal
2p law an� presiding over aciministrative hearings, aud is qualified and willing to conduct fair and
21 impartial hearings on behalf of ANAHEIM in accordance with Ordinance 58b6, the Council
22 resolution autharizing his appointnnent and the terms and conditians set frorth herein.
23 NOW, THEREFtJRE, FOR AND IN CONSIDERA.TION OF THE PROMISES,
24 COVENANTS, AND CONDITiONS HEREIN CON�'AINED, AND THE RECITALS SET
Z$ FURTH ABOVE, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS
�� �o�,z.,ows:
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1 l. SCOPE OF SERVICES
2 The HEARING OFFiCER shall perform the services of the City Hearing Officer
3 as established by City Council Ordivance No. 5$66 and set forth in the Anaheim Municipal
4 Code, which services shall include the following:
5 A. Act as a hearing officer to conduct evidentiary hearings and eith�r prepare
6 findings andrecommendations to tile City Council ar, in spec�ed circu�nstanees,
7 make final decisions on behalf of ANAHEIM with regard to certa.in tyges of due
8 process hearings as established by Ordinance 5866 and pmvisians of the Anaheim
9 Municipal Code, mcluding, but not Iimited to, Y�earings relating to Sex-Oriented
l 0 Businesses, appeals of decisions to terminate a use or variance, and transient
11 occupaxzcy tax matters where the amoun� in dispute exceeds Fifly Thousand
� � 12 Dollars ($50,000.00}.
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°� N 13 B. The �CEARING �FFICER shall voluntarily disqualify himself from any case in
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� 4 W 4�, � 14 whrch he ca�not aceord a fair and impartial hearing or cansideration.
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i o� W�= 15 C. The HEARING OFFICER's authority to hear and consider the matter before him
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W �< 16 shall be limited to only those matters within t�ie HEARIrTG OFFICER's subject
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o N 17 matter juxisdiclion.
18 D. The HEA.RING OFFICER sha11 conduct the hearing and consider the evidence
I9 independently, and shall not be under the authority, directian or discretion of any
2p officer or em�loyee_ af ANAHEIM who has served as investigator, prosecutar, or
21 advocate in the proceeding or its preadjuclicative stage.
22 E. The �EAIZ.ING �FFICER shatl perforxn ail services providad pursnant to this
23 Agreement in a professional, timely and ethicai manner.
24 2. TERM
ZS This Agreement is contingent upon the adoption of a resolution of the City
26 Council pursuant tv Ordinanee Na. 5866 authoriaing the appointanent of HEARTt�G OFFICER..
27 Tlae t�nm of this Agreement shall be for three (3) years, unless terminated sooner pursuant to
28 Paragraph 7; provided, however, that if HEARING OFFICER has commenced a hearing prior to
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1 the terminafion date, ��ARING O�FiCER may complete the hearing process, and #he
2 Agre�nent sha11 terminate upon the completion of said process. This Agreemenf shall no#, under
3 any circumsta.nces, be extended or ren�wed.
4 3. COMPENSATION
5 A. ANAHEIM agrees to pay, and the HEARING OFFICER agrees ta accept, as fu.�i
6 comgensatian for the HEARING OFFTCER`s services, campensation at the rate
7 of Two Hundred Dollars ($2QU.U0} per hour until such time as the Agreement
8 ten�tinates as set farth in Paragra.ph 2 above. Travel time to and from hearings
9 shall not be billed to ANAHEIM.
10 B. ANAHEIM also agrees to reimburse HEARING OFFICER for the following out-
11 of-pocket expenses only: travel, long-dista.nce teiephone, printing, and postage/
�� 12 delivery chaiges. Ivfilr,age will be reunbutsed at the IRS aliowable rate in effect
W 13 at the time of the requast fflr reimbursement.
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� z� ��^ 14 C. HEA.RIIrIG �FFICER shall submit, at the conclusion of eacix matter handled by
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s o�= A= 15 HEARING OFFIGER, an itemized invoice to ANA�IEIM �v3uch identifies the
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,� � 4 16 matter handied by F�ARING OFFICER, the hours worked, and the applicable
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o N 17 haurly rate, an itemizatian of reimbursable expenses claimed by HEARING
I S OFFiCER, and any supporting dacumen#ation therefore, shall be included in the
19 invoice_
2p D. ANAHEIM agrees to pay HEARING �FFICER for work performed and
21 expenses incurred within thirry �30) days after submission of a statement from
22 HEARING OFF.tCER descz-ibing such work and expenses.
23 4. A_M�NDMENT
24 This Agreement may be amended oniy by written agreement between the parties.
25 5. COMPLIANCE WITH APPLIC.ABLE LAWS
26 In ti�e perfarmance of t�us agreement, the HEAR.ING OFFICER agrees to abide
27 by and cox�forrn to all applicable laws of the United Staxes, the Staxe of California, and the
28 Charter, ordinances, and policies of ANAI�IM.
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1 6. CAPACI'I'Y AS INDEPENDENT CONTRACTOR
2 Tlze HEARING OFFICER shall perform his abligations uuder this agreement as
3 an independent contractar and not as an employee of ANAHEIM.
4 7. TF.,�,MINATION
5 Either party may terminate this Agreement upon sixty (6Q) days written norice to
6 the other parry, provided, however, that HEARING OFFICER agrees #.hat he will not exercise
7 his right to terminate the Agreernent under this Paragraph during the pex�dency of arzy proceeding
8 i�n wbuch he is presid'uzg as the City's Hearing Officer.
9 8. NOTICES
10 Notices and communication concerning this Agreement shall be sent to the
I 1 fallawing addresses:
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� � ANAHEIM LAW FIRM
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� a>��� 1� City of Anah�im Robert Sh on, Esq.
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x o =__ 15 200 S. Anaheim Boulevard Long Beach CA 1�Q g f�
a� Q d v � Anaheitn, CA 92805 �
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o N 17 Either party may, by notice to the other party, change the address specified above.
I$ Servic� of notice or cot�mun�cation shall be complete when received at the designated address.
� � 9. ENTIRE AGREEMENT
2 d This writing constit�xtes the entire agreement between the parties with respect to
2 � the subject matter hereof, and supersedes a11 prior aral or writtexz representations or written
22 agreements wluch may have been entered into between the pariies. No modifica�ion oz revisian
23 to this Ageement shall be af any force ar effect, unless the same is in wri�ing and executed by
24 the parties hereto.
25 10. EFFECTNE DATE
26 The effectave date of this Agreement sha11 be July 15, 2014.
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1 IN WITNESS VVH]ERE4F, the parties hereto have cansed this Agreement to be
2 executed on the dates hereinafter respectively set t'orth.
3
4 CITY OF ANAHEIM,
a municipal corporation
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6 ��.yor
� DATE OF EXECUTION: ATTEST:
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9 City Cierk
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„ ANAHEIM"
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� ~ 13 DATE OF EXECUTIOl�': /�
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v Q; ��^ ROBERT SHANNC?N, ESQ.
wa.o�'��
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� " < 7 � "HEARING C}FFICER
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� � APPROVED AS TO FORM:
IS �
MICHAEL R.W. OU , CITY ATTORNEY
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20 By �.
Kris � A. Pelletier
�1 Sr. Assistaa�t City Attorney
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102973
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