RES-2017-111RESOLUTION NO. 2017- 111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, APPOINTING KAREN FELD AS
THE CITY HEARING OFFICER PURSUANT TO SECTION
1.12.110 OF THE ANAHEIM MUNICIPAL CODE, AND
APPROVING AN AGREEMENT FOR HEARING OFFICER
SERVICES WITH COTA COLE & HUBER LLP
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. County 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 Robert Shannon as
the City Hearing Officer for a period of three years, which term is due to expire in July 2017;
and
WHEREAS, Karen Feld, a partner at the law firm of Cota Cole & Huber, 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 Ms. Feld 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:
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 Karen
Feld 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 July 15,
2017; 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.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 11 rat day of July, 2017, by the following roll call vote:
AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes,
Moreno, Kring and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By:
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
Qd',�2�
CITY CLERK OF THE CITY OF ANAHEIM
123509
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2017-111 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 11th day of July, 2017 by the following vote of the members thereof:
AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno,
Kring, and Faessel
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of July, 2017.
(SEAL)
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ORIGINAL
AGR.% b 69 1
AGREEMENT FOR HEARING OFFICER SERVICES
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THIS AGREEMENT, dated solely for purposes of identification this 14 day of
,> ✓ ��' , 2017, is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "ANAHEIM,"
A
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COTA COLE & HUBER
hereinafter referred to as "LAW FIRM".
WITNESSETH:
WHEREAS, in order to conform to the California Supreme Court decision in
Haas v. County of San Bernardino (2002) 27 CalAth 1017, the City Council adopted Ordinance
No. 5866 revising numerous sections of the Anaheim Municipal Code relating to the referral of
matters to hearing officers and further created the position of City Hearing Officer, appointed by
resolution of the City Council, to hear prescribed matters arising during a designated period of
time without the possibility of extension or renewal of the appointment; and
WHEREAS, Karen Feld, a partner at LAW FIRM, is an attorney experienced in
both municipal law and presiding over administrative hearings, and is qualified and willing to
conduct fair and impartial hearings on behalf of ANAHEIM in accordance with Ordinance 5866,
and the City Council resolution authorizing her appointment and the terms and conditions set
forth therein.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PROMISES,
COVENANTS, AND CONDITIONS HEREIN CONTAINED, AND THE RECITALS SET
FORTH ABOVE, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:
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1. APPOINTMENT AND SCOPE OF SERVICES
A. ANAHEIM wishes to appoint Karen Feld as the City Hearing Officer (hereinafter
"HEARING OFFICER) and Ms. Feld and LAW FIRM agree to accept this
appointment. HEARING OFFICER shall perform the services of the City
Hearing Officer as established by City Council Ordinance No. 5866 and set forth
in the Anaheim Municipal Code. These services shall include acting as a hearing
officer to conduct evidentiary hearings and either preparing findings and
recommendations to the City Council or, in specified circumstances, making final
decisions on behalf of ANAHEIM with regard to certain types of due process
hearings as established by Ordinance 5866 and provisions of the Anaheim
Municipal Code. The matters assigned to HEARING OFFICER shall include
hearings relating to Sex -Oriented Businesses, transient occupancy tax matters
where the amount in dispute exceeds Fifty Thousand Dollars ($50,000.00),
appeals of certain decisions related to hardship extensions for short term rental uses,
and other matters prescribed by the Anaheim Municipal Code as the same may be
amended from time to time.
B. HEARING OFFICER shall voluntarily disqualify herself from any case in which
she cannot accord a fair and impartial hearing or consideration.
C. HEARING OFFICER's authority to hear and consider the matters before her shall
be limited to only those matters within HEARING OFFICER's subject matter
jurisdiction.
D. HEARING OFFICER shall conduct hearings and consider the evidence
independently, and shall not be under the authority, direction or discretion of any
officer or employee of ANAHEIM who has served as investigator, prosecutor, or
advocate in the proceeding or its preadjudicative stage.
E. HEARING OFFICER shall perform all services provided pursuant to this
Agreement in a professional, timely and ethical manner.
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2. TERM
This Agreement is contingent upon the adoption of a resolution of the City
Council pursuant to Ordinance No. 5866 authorizing the appointment of HEARING OFFICER.
The term of this Agreement shall be for three (3) years, unless terminated sooner pursuant to
Paragraph 8; provided, however, that if HEARING OFFICER has commenced a hearing prior to
the termination date, HEARING OFFICER may complete the hearing process, and the
Agreement shall terminate upon the completion of said process. This Agreement shall not, under
any circumstances, be extended or renewed.
3. COMPENSATION
A. ANAHEIM agrees to pay, and HEARING OFFICER agrees to accept, as full
compensation for HEARING OFFICER's services, compensation at the rate of
Two Hundred Dollars ($200.00) per hour until such time as the Agreement
terminates as set forth in Paragraph 2 above. Travel time to and from hearings
shall not be billed to ANAHEIM.
B. ANAHEIM also agrees to reimburse HEARING OFFICER for the following out-
of-pocket expenses only: travel, long-distance telephone, printing, and
postage/delivery charges. Mileage will be reimbursed at the IRS allowable rate in
effect at the time of the request for reimbursement.
C. HEARING OFFICER shall submit, at the conclusion of each matter handled by
HEARING OFFICER, an itemized invoice to ANAHEIM which identifies the
matter handled by HEARING OFFICER, the hours worked, and the applicable
hourly rate, an itemization of reimbursable expenses claimed by HEARING
OFFICER, and any supporting documentation therefore, shall be included in the
invoice.
D. ANAHEIM agrees to pay HEARING OFFICER for work performed and
expenses incurred within thirty (30) days after submission of a statement from
HEARING OFFICER describing such work and expenses.
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4. INSURANCE
LAW FIRM shall secure prior to commencing any activities under this
Agreement, and maintain during the Term of this Agreement, the following insurance coverage:
A. Workers' Compensation Insurance as required by California statutes;
B. Comprehensive General Liability Insurance, or Commercial General
Liability Insurance, including coverage for Premises and Operations,
Contractual Liability, Personal Injury Liability, Products/Completed
Operations Liability, and Independent Contractor's Liability, in an amount
of not less than One Million Dollars ($1,000,000.00) per occurrence,
combined single limit, written on an occurrence form.
C. Comprehensive Automobile Liability coverage, including - as applicable -
owned, non -owned and hired autos, in an amount of not less than One
Million Dollars ($1,000,000.00) per occurrence, combined single limit,
written on an occurrence form. If Consultant owns no vehicle, this
requirement may be satisfied by a non -owned auto endorsement to the
general liability policy described above.
D. Professional Liability Insurance coverage in an amount of not less than
One Million Dollars ($1,000,000.00), and Consultant shall maintain such
coverage for at least one (1) year after the termination of this Agreement.
The City's Risk Manager, is hereby authorized to waive or reduce the requirements set forth
above in the event he or she determines that such waiver or reduction is in City's best interest.
5. AMENDMENT
This Agreement may be amended only by written agreement between the parties.
6. COMPLIANCE WITH APPLICABLE LAW
In the performance of this agreement, HEARING OFFICER agrees to abide by
and conform to all applicable laws of the United States, the State of California, and the Charter,
ordinances, and policies of ANAHEIM.
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7. CAPACITY AS INDEPENDENT CONTRACTOR
HEARING OFFICER shall perform her obligations under this agreement as an
independent contractor and not as an employee of ANAHEIM.
8. TERMINATION
Either party may terminate this Agreement upon sixty (60) days written notice to
the other party, provided, however, that HEARING OFFICER agrees that she will not exercise
her/LAW FIRM's right to terminate the Agreement under this Paragraph during the pendency of
any proceeding in which she is presiding as the City's Hearing Officer.
9. NOTICES
Notices and communication concerning this Agreement shall be sent to the
following addresses:
ANAHEIM HEARING OFFICER/LAW FIRM
City of Anaheim Karen Feld, Esq.
Attention: City Clerk Cota Cole & Huber
200 S. Anaheim Boulevard 3401 Centrelake Drive, Suite 670
Anaheim, CA 92805 Ontario, CA 91761
Either party may, by notice to the other party, change the address specified above.
Service of notice or communication shall be complete when received at the designated address.
10. ENTIRE AGREEMENT
This writing constitutes the entire agreement between the parties with respect to
the subject matter hereof, and supersedes all prior oral or written representations or written
agreements which may have been entered into between the parties. No modification or revision
to this Agreement shall be of any force or effect, unless the same is in writing and executed by
the parties hereto.
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11. EFFECTIVE DATE
The effective date of this Agreement shall be July 15, 2017.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the dates hereinafter respectively set forth.
DATE OF EXECUTION:
DATE OF EXECUTION:
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APPROVED AS TO FORM:
CITY OF ANAHEIM,
a municicorpo
By
e"/i��
Tom Tait, Mayor
APNG City Clerk
COTA, COLE & HUBER,
a limited liability partnership
BY
Karen Feld, Partner
KRISTIN PEELLETIE WING CITY ATTORNEY
B/Vry
istin A. Pelletier
1 103510.4