RES-2024-001RESOLUTION NO. 2024- 0 01
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. 5 866, 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 Section
1.12.110, provides that the City Hearing Officer shall be appointed by resolution 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 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. 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: Mayor Aitken and Council NIb►nbers Kurtz, Diaz,
Rubalcava, Faessel and -Meeks
NOES: None
ABSENT: Council Ntelnber Leon
ABSTAIN: None
CITY OF ANAHEIM
By:
MAYOR OF 1 � CITY OF ANAHEIM
ATTEST:
C� ITY CLERK OF THE ClftY OF ANAHEIM
123509v.2
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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
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PALACIOS LAW OFFICE, a sole proprietorship,
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 (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 founding partner of 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
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 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 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 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 set forth in Anaheim Municipal Code Section 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 matters 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 shall 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
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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 Fifty Dollars ($250.00) per hour.
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.
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,
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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, however, that HEARING OFFICER agrees that he will not exercise
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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 shall be sent to the
j 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 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.
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
LOW
Jim Vanderpool, City Manager
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DATE OF EXECUTION:
DATE OF EXECUTION:
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
150919
Kristin A. Pelletier
Chief Asst. City Attorney
ATTEST:
City Clerk
PALACIOS LAW OFFICE
Elio Palacios
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. 2024-001 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 9th day of January, 2024 by the following vote of the members thereof:
AYES: Mayor Aitken and Council Members Kurtz, Diaz, Rubalcava, Faessel and Meeks
NOES: None
ABSTAIN: None
ABSENT: Council Member Leon
IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of January. 2024.
CIT CLERK OF THE CITWY OF ANAHEIM
(SEAL)