RES-2020-132 RESOLUTION NO. 2020-13 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, APPOINTING JAMAAR BOYD-
WEATHERBY 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 THE LAW FIRM OF JONES &
MAYER
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 Karen Feld as the
City Hearing Officer for a period of three years, which term recently expired; and
WHEREAS, Jamaar Boyd-Weatherby 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. Boyd-Weatherby 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 Jamaar
Boyd-Weatherby 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 be effective as of
November 11, 2020; 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 10th day of November, 2020, by the following roll call vote:
AYES:Mayor Sidhu and Council Members Faessel, Barnes, Brandman,
Kring, and O'Neil
NOES:None
ABSENT:None
ABSTAIN: Council Member Moreno
CITY OF ANAHEIM
By: 4, �4
4/ IAA-
VIA, O THE C OF ANAHEIM
ATTEST:
CITY CLERK 0 THE CITY OFA AHEIM
139907
1 AGREEMENT FOR HEARING OFFICER SERVICES
2
3 THIS AGREEMENT, dated solely for purposes of identification this/ ay of
4 /761/691 , 2020, is made and entered into by and between the
5
6 CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "ANAHEIM,"
7
A
8 N
9 D
10 JONES & MAYER
hereinafter referred to as "LAW FIRM".
11
WITNESSETH:
12
z
W
oN 13 WHEREAS, in order to conform to the California Supreme Court decision in
r z W< 14 Haas v. County of San Bernardino (2002) 27 Ca1.4th 1017, the City Council adopted Ordinance
�a1"A-.-_
ww 02"
oW<
1->- `z-1
15 No. 5866 revising numerous sections of the Anaheim Municipal Code relating to the referral of
Lc`, Qa LL
16 matters to hearing officers and further created the position of City Hearing Officer, appointed by
U y
LLo
o N 17 resolution of the City Council, to hear prescribed matters arising during a designated period of
18 time without the possibility of extension or renewal of the appointment; and
19 WHEREAS, Jamaar Boyd-Weatherby, a senior associate at LAW FIRM, is an
20 attorney experienced in both municipal law and presiding over administrative hearings, and is
21 qualified and willing to conduct fair and impartial hearings on behalf of ANAHEIM in
22 accordance with Ordinance 5866, and the City Council resolution authorizing his appointment
23 and the terms and conditions set forth therein.
24 NOW, TIIEREFORE, FOR AND IN CONSIDERATION OF THE PROMISES,
25 COVENANTS, AND CONDITIONS HEREIN CONTAINED, AND THE RECITALS SET
26 FORTH ABOVE, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS
27 FOLLOWS:
28 III
1 1. APPOINTMENT AND SCOPE OF SERVICES
2 A. ANAHEIM wishes to appoint Jamaar Boyd-Weatherby as the City Hearing
3 Officer (hereinafter "HEARING OFFICER) and Mr. Boyd-Weatherby and LAW
4 FIRM agree to accept this appointment. HEARING OFFICER shall perform the
5 services of the City Hearing Officer as established by City Council Ordinance No.
6 5866 and set forth in the Anaheim Municipal Code. These services shall include
7 acting as a hearing officer to conduct evidentiary hearings and either preparing
8 findings and recommendations to the City Council or, in specified circumstances,
9 making final decisions on behalf of ANAHEIM with regard to certain types of
10 due process hearings as established by Ordinance 5866 and provisions of the
11 Anaheim Municipal Code. The matters assigned to HEARING OFFICER shall
L11 12 include hearings relating to Sex-Oriented Businesses, transient occupancy tax
t
0 13 matters where the amount in dispute exceeds Fifty Thousand Dollars
a = r§o
W 'A L 14 ($50,000.00), and other matters prescribed by the Anaheim Municipal Code as the
Q
U A
o _^ 15 same may be amended from time to time.
LLO U zLL
W 16 B. HEARING OFFICER shall voluntarily disqualify himself from any case in which
0,
if.
g 17 he cannot accord a fair and impartial hearing or consideration.
18 C. HEARING OFFICER's authority to hear and consider the matters before him
19 shall be limited to only those matters within HEARING OFFICER's subject
20 matter jurisdiction.
21 D. HEARING OFFICER shall conduct hearings and consider the evidence
22 independently, and shall not be under the authority, direction or discretion of any
23 officer or employee of ANAHEIM who has served as investigator, prosecutor, or
24 advocate in the proceeding or its preadjudicative stage.
25 E. HEARING OFFICER shall perform all services provided pursuant to this
26 Agreement in a professional, timely and ethical manner.
27 ///
28 Ill
1 2. TERM
2 This Agreement is contingent upon the adoption of a resolution of the City
3 Council pursuant to Ordinance No. 5866 authorizing the appointment of HEARING OFFICER.
4 The term of this Agreement shall be for three (3) years, unless terminated sooner pursuant to
5 Paragraph 8; provided, however, that if HEARING OFFICER has commenced a hearing prior to
6 the termination date, HEARING OFFICER may complete the hearing process, and the
7 Agreement shall terminate upon the completion of said process. This Agreement shall not,under
8 any circumstances, be extended or renewed.
9 3. COMPENSATION
10 A. ANAHEIM agrees to pay, and HEARING OFFICER agrees to accept, as full
11 compensation for HEARING OFFICER's services, compensation at the rate of
z12 Two Hundred Dollars ($200.00) per hour until such time as the Agreement
C
°_� 13 terminates as set forth in Paragraph 2 above.
N
Q w 2§mm
w s 14 B. ANAHEIM also agrees to reimburse HEARING OFFICER for the following out-
wu. mWQ� 15
i o W z c of-pocket expenses only: travel, long-distance telephone, printing, and
16 postage/delivery charges. Mileage will be reimbursed at the IRS allowable rate in
y
LL o
o " 17 effect at the time of the request for reimbursement.
18 C. HEARING OFFICER shall submit, at the conclusion of each matter handled by
19 HEARING OFFICER, an itemized invoice to ANAHEIM which identifies the
20 matter handled by HEARING OFFICER, the hours worked, and the applicable
21 hourly rate, an itemization of reimbursable expenses claimed by HEARING
22 OFFICER, and any supporting documentation therefore, shall be included in the
23 invoice.
24 D. ANAHEIM agrees to pay HEARING OFFICER for work performed and
25 expenses incurred within thirty (30) days after submission of a statement from
26 HEARING OFFICER describing such work and expenses.
27 ///
28 ///
1 4. INSURANCE
2 LAW FIRM shall secure prior to commencing any activities under this
3 Agreement, and maintain during the Term of this Agreement, the following insurance coverage:
4 A. Workers' Compensation Insurance as required by California statutes;
5 B. Comprehensive General Liability Insurance, or Commercial General
6 Liability Insurance, including coverage for Premises and Operations,
7 Contractual Liability, Personal Injury Liability, Products/Completed
8 Operations Liability, and Independent Contractor's Liability, in an amount
9 of not less than One Million Dollars ($1,000,000.00) per occurrence,
10 combined single limit,written on an occurrence form.
11 C. Comprehensive Automobile Liability coverage, including - as applicable -
z12 owned, non-owned and hired autos, in an amount of not less than One
c
13 Million Dollars ($1,000,000.00)per occurrence, combined single limit,
aw �4,
z w ,^ 14 written on an occurrence form. If Consultant owns no vehicle, this
x o Wu. ai requirement may be satisfied by a non-owned auto endorsement to the
16 general liability policy described above.
N
o g 17 D. Professional Liability Insurance coverage in an amount of not less than
18 One Million Dollars($1,000,000.00), and Consultant shall maintain such
19 coverage for at least one (1) year after the termination of this Agreement.
20
The City's Risk Manager, is hereby authorized to waive or reduce the requirements set forth
21
above in the event he or she determines that such waiver or reduction is in City's best interest.
22
5. AMENDMENT
23
This Agreement may be amended only by written agreement between the parties.
24
6. COMPLIANCE WITH APPLICABLE LAW
25
In the performance of this agreement, HEARING OFFICER agrees to abide by
26
and conform to all applicable laws of the United States, the State of California, and the Charter,
27
ordinances, and policies of ANAHEIM.
28
1 7. CAPACITY AS INDEPENDENT CONTRACTOR
2 HEARING OFFICER shall perform his obligations under this agreement as an
3 independent contractor and not as an employee of ANAHEIM.
4 8. TERMINATION
5 Either party may terminate this Agreement upon sixty (60) days written notice to
6 the other party, provided, however, that HEARING OFFICER agrees that he will not exercise
7 her/LAW FIRM's right to terminate the Agreement under this Paragraph during the pendency of
8 any proceeding in which he is presiding as the City's Hearing Officer.
9 9. NOTICES
10 Notices and communication concerning this Agreement shall be sent to the
11 following addresses:
w 12
z
o
13 ANAHEIM HEARING OFFICER/LAW FIRM
City of Anaheim Jamaar Boyd-Weatherby
Wo
a >aN`g T, 14 Attention: City Clerk Jones &Mayer
zW
a = '� 200 S. Anaheim Boulevard 3777 N. Harbor Blvd.
W LL 0 g^a
m o g=F= 15 Anaheim, CA 92805 Fullerton, CA 92835
o- LL 16
U N
$ 17 Either party may, by notice to the other party, change the address specified above.
18 Service of notice or communication shall be complete when received at the designated address.
19 10. ENTIRE AGREEMENT
20 This writing constitutes the entire agreement between the parties with respect to
21 the subject matter hereof, and supersedes all prior oral or written representations or written
22 agreements which may have been entered into between the parties. No modification or revision
23 to this Agreement shall be of any force or effect, unless the same is in writing and executed by
24 the parties hereto.
25 11. EFFECTIVE DATE
26 The effective date of this Agreement shall be November 11, 2020.
27 ///
28 ///
1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
2 executed on the dates hereinafter respectively set forth.
3,
4 CITY OF ANAHEIM,
a municipal corporation
5
6 Harry Sidhu, Mayor
7 DATE OF EXECUTION: ATTEST:
8
9 City Clerk
10
11
12
° 13 DATE OF EXECUTION: •. MAYER
011
Q Sb 14 i By ,�
mo aiv^ 15
O�W�V�
W" : 16
U y
v.
u.
17 APPROVED AS TO FORM:
18
19 ROBERT FBELA, CITY'ATTORNEY
20 By , '� Lf'
Kri4tin A. Pelletier
21 Sr. Asst. City Attorney
22
13909v.2
23
24
25
26
27
28
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2020-132 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 10th day of November, 2020 by the following vote of the members thereof:
AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Kring, and O'Neil
NOES: None
ABSENT: None
ABSTAIN: Council Member Moreno
IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of November, 2020.
IP
CITY CLE" OF THE CITY OF ANAHEIM
(SEAL)