RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, APPOINTING ELIO PALACIOS 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 PALACIOS LAW OFFICE
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, codified in Anaheim Municipal Code S ection
1.12.110, provides that the City Hearing Officer shall be appointed by r esolution of the City Council; and
WHEREAS, the City Council previously appointed Jamaal Wetherby -Boyd as the City Hearing Officer for a period of three years, which term expired in November of 2023; and WHEREAS, Elio Palacios, the founding partner of the Palacios Law Office law firm, is an attorney with experience in both m unicipal 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. Palacios 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 Anaheim Municipal Code Section 1.12.110.
3. To conduct fair, timely and impartial hearings.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby appoints Elio Palacios to serve as the City Hearing Officer effective January 10, 2024, pursuant to Anaheim Municipal Code Section 1.12.110 and the Agreement for Hearing Officer Services, attached hereto as Exhibit “A” and incorporated herein by this reference (hereinafter “Agreement for Hearing Officer Services”); and
BE IT FURTHER RESOLVED that the Agreement for Hearing Officer Services be, and the same is hereby, approved, and the City Manager is authorized to execute the Agreement and the City Attorney is authorized to administer the Agreement on behalf of the City.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 9th day of January, 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By:
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
123509v.2
EXHIBIT “A”
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OFFICE OF THE CITY ATTORNEY
CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
AGREEMENT FOR HEARING OFFICER SERVICES
THIS AGREEMENT, dated solely for purposes of identification this 10th day of January, 2024, is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "ANAHEIM,"
A
N
D
PALACIOS LAW OFFICE, a sole proprietorship,
hereinafter referred to as "LAW FIRM".
W I T N E S S E T H:
WHEREAS, in order to conform to the California Supreme Court decision in Haas v. County of San Bernardino (2002) 27 Cal.4th 1017, the City Council adopted Ordinance No. 5866 (codified as Anaheim Municipal Code Section 1.12.110), 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, Elio Palacios, the fou nding partner of LAW FIRM, is an attorney experienced in both municipal law and presiding over adminis trative hearings, and is qualified and willing to conduct fair and impartia l hearings on behalf of ANAHEIM in accordance with Anaheim Municipal Code Section 1.12.110, and the City Council resolution authorizing his 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 RECITAL S SET
FORTH ABOVE, IT IS AGREED BY AND BETWEEN THE PARTI ES HERETO AS FOLLOWS:
EXHIBIT “A”
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OFFICE OF THE CITY ATTORNEY
CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
1. APPOINTMENT AND SCOPE OF SERVICES
A. ANAHEIM wishes to appoint Elio Palacios as the City Hearing Officer (hereinafter "HEARING OFFICER) and Mr . Palacios 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 evidenti ary hearings and eit her preparing findings and recommendations to the City Council or, in specified circumstances, making final decisions on behalf of ANAHEIM with regard to cer tain types of due process hearings as set forth in Anaheim Municipal Code S ection 1.12.110. 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), 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 himself from any case in which he cannot accord a fair and impartial hearing or consideration.
C. HEARING OFFICER's authority to hear and consider the matter s before him 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 shal l perform all services provided pursuant to this Agreement in a professional, timely and ethical manner.
2. TERM
This Agreement is contingent upon the adoption of a resolution of the City Council pursuant to Anaheim Municipal Code Section 1.12.110, authorizing the appointment of EXHIBIT “A”
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OFFICE OF THE CITY ATTORNEY
CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
HEARING OFFICER. The term of this Agreement shall b e 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, HEARIN G 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 accep t, as full compensation for HEARING OFFICER's services, compens ation at the ra te of Two Hundred Fifty Dollars ($250.00) per hour.
B. ANAHEIM also agrees to reimburse HEARING OFFICER for the followin g out- of-pocket expenses only: tr avel, 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 ra te, an itemization of reimbursable expenses claimed by HEARING OFFICER, and any supporting documentation therefor e, shall be included in the invoice.
D. ANAHEIM agrees to pay HEARING OFFICER for work performed and expenses incu rred within thirty (30) days after submission of a statement from HEARING OFFICER describing such work and expenses.
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, EXHIBIT “A”
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OFFICE OF THE CITY ATTORNEY
CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
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.
7. CAPACITY AS INDEPENDENT CONTRACTOR
HEARING OFFICER shall perform his 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, howe ver, that HEARING OFFICER agrees that he will not exercise EXHIBIT “A”
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OFFICE OF THE CITY ATTORNEY
CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
the LAW FIRM's right to terminate the Agreement under this Paragraph during the pendency of any proceeding in which he is presiding as the City’s Hearing Officer.
9. NOTICES
Notices and communication concerning this Agreement sh all be sent to the following addresses:
ANAHEIM HEARING OFFICER/LAW FIRM
City of Anaheim Elio Palacios
Attention: City Clerk Palacios Law Office
200 S. Anaheim Boulevard 7121 Magnolia Avenue
Anaheim, CA 92805 Riverside, CA 92504
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 supersed es all prior or al or written representations or wri tten 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.
11. EFFECTIVE DATE
The effective date of this Agreement shall be January 10, 2024.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.
CITY OF ANAHEIM,
a municipal corporation
By______________________________
Jim Vanderpool, City Manager
EXHIBIT “A”
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OFFICE OF THE CITY ATTORNEY
CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
DATE OF EXECUTION: ATTEST:
_________________________ ________________________________ City Clerk
DATE OF EXECUTION: PALACIOS LAW OFFICE
_________________________ By_____________________________ Elio Palacios
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By__________________________
Kristin A. Pelletier
Chief Asst. City Attorney
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