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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 EXHIBIT "A" 1 2 3 4 5 6 7 8 9 10 11 12 W N Z W o W Do N 13 Q n Z W U�n� 14 V Q 7 WLL02.^ 15 W 0 =a " W V 16 V y U. LL N 17 0 19 20 21 22 23 24 25 26 27 28 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". 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: EXHIBIT "A" w Z a w oo N �a56;;e WQ°War- LL_ Z x a LL W V a V N lL o LL o O "' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 EXHIBIT "A" W z � F QWoo N �a���� z n n VQ. 1m� W 0 CO w v n W a ci W ¢ ¢ LL 2 LL o LL N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, EXHIBIT "A" W Z c W F k�� Q W 0 O Nyy > W � Y' Z w<�� wLL0: � = mwc� LL LLI < 0 x a LL W V a LL o0 LL N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 EXHIBIT "A" 1 2 3 4 5 6 7 8 9 10 11 12 W N z M W o 13 W ❑ O N Q 14 V WLL0�^� 15 =mw�� o � W LLB=` W W V a 16 LL U. N 17 0 18 19 001 21 22 23 24 25 26 27 28 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 EXHIBIT "A" W Z M W Q W oo N Z -WiU inn W LL 02 ;t =omWa� LL WacLL LL �_IQ u uj z U � LL o LL N 1 2 3 4 5 6 7 8 9 10 11 12 131 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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)