HomeMy WebLinkAboutR-1995-007 Hearing ExaminerRESOLUTION NO. R-95 --7
A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to
execute a Professional Services Contract between the City of Yakima and
James K. Adams as the Yakima Urban Area Hearing Examiner ProTem.
WHEREAS, the City of Yakima and Yakima County have cooperated in the adoption,
enforcement and periodic updating of the Yakima Urban Area Zoning Ordinance and, since 1986,
under the authority of state and local law, have cooperatively established and provided for a
Yakima Urban Area Hearing Examiner to assist in the administration of the Yakima Urban Area
Zoning Ordinance; and
WHEREAS, the volume of applications now requiring hearings and recommendations is
greater than can be timely accommodated by the Hearing Examiner alone, and
WHEREAS, the establishment of a Hearing Examiner ProTem can substantially resolve the
need for Hearing Examiner services which cannot be met by the Hearing Examiner alone, and
WHEREAS, the Joint Hearing Examiner Committee, consisting of two members of the
Yakima City Council and two members of the Board of Yakima County Commissioners, has
recommended to the Yakima City Council and the Board of Yakima County Commissioners to
contract for James K. Adams' services as the Yakima Urban Area Hearing Examiner ProTem for
four years, according to the terms and conditions of the attached proposed Professional Services
Contract for Yakima Urban Area Hearing Examiner ProTem, and
WHEREAS, on January 10, 1995, the Board of Yakima County Commissioners approved
the attached proposed Professional Services Contract for Yakima Urban Area Hearing Examiner
ProTem; and
WHEREAS, it is in the best interests of the City of Yakima to contract for James K.
Adams' services as the Yakima Urban Area Hearing Examiner ProTem for four years, according to
the terms and conditions of the attached proposed Professional Services Contract for Yakima
Urban Area Hearing Examiner ProTem:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA:
The City Manager and City Clerk are hereby authorized and directed to execute the attached
Professional Services Contract for Yakima Urban Area Hearing Examiner ProTem.
ADOPTED BY THE CITY COUNCIL thislOtgay of January ,1995.
ATTEST:
C2a- >.&tist,--
Mayor
PROFESSIONAL SERVICES CONTRACT
FOR
YAKIMA URBAN AREA HEARING EXAMINER PROTEM
PARTIES:
The parties to this contract are the CITY OF YAKIMA, 129 North Second Street, Yakima,
Washington, 98901 ("City" herein), the COUNTY OF YAKIMA, Yakima County Courthouse,
Yakima, Washington, 98901 ("County" herein), and JAMES K. ADAMS, 411 North 2nd Street,
Yakima, Washington, 98902 ("Adams" or "Examiner ProTem" herein).
RECITALS:
1. The Urban Area Zoning Ordinance has been adopted respectively by the City as
Title 15 of the City of Yakima Municipal Code and by the County as Title 15A of the Yakima
County Code.
2. The Hearing Examiner Ordinance has been adopted respectively by the City as
Chapter 1.43 of the City of Yakima Municipal Code and by the County as Chapter 2.23 of the
Yakima County Code.
3. The City and County have entered into an Intergovernmental Agreement for Mutual
Use of Hearing Examiner Services, executed by both the City and the County on March 4, 1986
for professional services.
4. The Joint Hearing Examiner Committee has recommended to the City Council and
the County Board of Commissioners that James K. Adams be retained as Hearing Examiner
ProTem for Professional Services for a four-year term, commencing January 10, 1995, and
terminating December 31, 1998.
AGREEMENT:
1. Engagement of Examiner ProTem. The City and County, pursuant to the
above-described ordinances, hereby hire Adams, and Adams agrees to serve, as Hearing Examiner
ProTem for the purposes set forth in the above ordinance. The City Council of the City of Yakima
at its meting of January 10, 1995, authorized the City Manager to sign this contract for
professional services. The Board of Yakima County Commissioners at its meeting of January 10,
1995, authorized the Chairman of the Board of County Commissioners to sign this contract for
professional services.
2. Character and Extent of Services. The Examiner ProTem shall perform the
services of Hearing Examiner as required in the ordinances identified above. In addition to the
services required by these ordinances, the Examiner ProTem shall also cooperate with the City and
the County in the liaison and administration of the ordinances insofar as necessary to properly
fulfill the duties of Hearing Examiner ProTem.
2.5 Assignment of Cases by Hearing Examiner. The Examiner
ProTem shall be assigned cases by the Hearing Examiner, and shall coordinate with the Hearing
Examiner to insure consistency of analysis and decisionmaking. This coordination shall include
access to the existing files maintained by the Examiner.
3. Liaison. The Director of Community and Economic Development, or his
representative, shall serve as the City's liaison with the Examiner ProTem. The County Planning
Director, or his representative, shall serve as the County's liaison with the Examiner ProTem.
Professional Services Contract Page 1
Hearing Examiner ProTem (1/10/95)
4. Independent Contract. The relationship of the Examiner ProTem to the City
and County shall be that of an independent contractor rendering professional services. The
Examiner ProTem shall have no authority to execute contracts or to make commitments on behalf
of the City or the County, except as authorized by the above-described ordinances, and nothing
contained herein shall be deemed to create the relationship of employer and employee or principal
and agent between the City/County and the Examiner ProTem.
5. Professional Fees. The Examiner ProTem shall be paid by the City and County
for professional services rendered under this contract at the rate of One Hundred Ten Dollars
($110.00) per hour, plus reimbursement for direct non -salary expenses such as out-of-town travel
and training costs authorized by the City, specialized reference materials, and planning -related
memberships. Such payment shall be full compensation for services rendered, including all labor,
materials, supplies, equipment, and necessary incidentals, except that the City/County shall
provide at their expense hearing examiner stationery and reproduction services.
6. Itemized Statements. By the 10th day of each month, the Examiner ProTem
will provide duplicate monthly itemized statements to the City reflecting services rendered for
administrative matters, and for each matter processed by the Examiner ProTem. The statements
will consist of a cover page reflecting administrative work and the total fee for services rendered
both to the City and the County. Three itemized statements will be attached to the summary sheet,
one statement reflecting services rendered for administrative matters, one statement reflecting
services rendered for matters within the City's jurisdiction, and one statement reflecting services
rendered for matters within the County's jurisdiction. Time required for filing opinions will also
be reflected.
7. Payment Schedule. The City will process for payment by the 10th day of each
month all statements received for work done from the 1st day of the prior month. All statements
not paid within (30) days of the date of billing shall be subject to service charges of one and one-
half percent (1.5%) per month from the date of the statement.
8. Facilities to be furnished by Examiner ProTem. Examiner ProTem shall
furnish and maintain an office, equipment, library, and clerical staff suitable and adequate for
performing the services to be rendered pursuant to this contract. The City and County shall be
responsible for providing, at their respective expense, hearing rooms and recording equipment and
related supplies.
9. Ownership of Documents. The record developed before the Examiner
ProTem, including the Examiner ProTem's decision or recommendation, is the property of the
jurisdiction responsible for the application. The Examiner ProTem's work product, consisting of
notes, research, and preliminary drafts, is the property of the Examiner ProTem.
10. Right to Terminate Contract. The contract may be terminated by the City and
County pursuant to the provisions of the Intergovernmental Agreement for Mutual Uses of Hearing
Examiner ProTem Services identified above. The Examiner ProTem may terminate this contract
for cause, or without cause upon giving the Joint Hearing Examiner Committee ninety (90) days
written notice.
11. No Personal Liability. The Examiner ProTem is relieved from any personal
liability whatsoever from any injury to persons or property as a result of his acts or omissions in
good faith discharge of his responsibilities under this contract. If the Examiner ProTem is sued for
any acts or omissions occurring in discharge of his responsibilities, the County/City shall defend
and provide legal representation of the Examiner ProTem until final disposition of the proceedings.
The County/City shall reimburse the Examiner ProTem for any costs he incurs in defending against
Professional Services Contract Page 2
Hearing Examiner ProTem (1/10/95)
alleged liability for the acts or omissions of the Examiner ProTem in the performance of his duties
herein. This defense and indemnity agreement does not preclude personal liability in the event of
bad faith or malicious performance by the Examiner ProTem of his duties herein.
12. Non -assignment. This contract is personal to the Examiner ProTem and is not
assignable by the Examiner ProTem to any other individual.
13. Amendment. This Professional Services Contract can only be amended or
revised by the written agreement of all parties.
14. Interest of Public Officials. No member of the governing bodies of the City
or County and no officer, employee, or agent of the City or County shall have any personal
fmancial interest, direct or indirect, in this contract; the Examiner ProTem shall take appropriate
steps to assure compliance.
15. Interest of Examiner ProTem. The Examiner ProTem covenants that he
presently has no interest and shall not acquire an interest, direct or indirect, in any property which
is the subject of a proceeding before the Examiner ProTem which would conflict in any manner or
degree with the performance of his services hereunder.
16. Term. This contract shall commence January 10, 1995, and terminate December
31, 1998. It shall run on an annual basis from January to December, for budgeting purposes for
the City and the County.
EXECUTED this \6\� day of , 1995.
CITY OF YAKIMA
BY ��Z1
Richard A. Z
City Manager
ATTEST:
By:
Clerk
City Contract No. -
Resolution No.
Professional Services Contract Page 3
Hearing Examiner ProTem (1/10/95)
i
EXECUTED this /0 day of
A'1TEST:
, 1995.
COUNTY OF YAKIMA
ByQQ
Chairman, Board o aki
County Commissio rs
APPROVED as to Form:
By:
Clerk of the Board
EXECUTED this l& day of
Professional Services Contract Page 4
Hearing Examiner ProTem (1/10/95)
Deputy :. ecuting Attorney
, 1995.
HEARING EXAMINER PROTEM
By:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /
For Meeting Of 1-10-95
ITEM TITLE: Resolution appointing Hearing Examiner ProTem and a separate
resolution authorizing City Manager to enter into a Professional Services Contract
SUBMITTED BY: Glenn J. Valenzuela, Director of Community & Economic
Development
CONTACT PERSON: Glenn J. Valenzuela, 575-6113
SUMMARY/EXPLANATION:
The City Council and County Commission Committee of Berndt, Barnett, and Lewis
with Hearing Examiner Lamb and staff members Anderwald and Valenzuela
interviewed candidates for the position of Hearing Examiner ProTem during the first
two weeks of December. The Committee is prepared to recommend Mr. James K.
Adams as the Hearing Examiner ProTem for the next four years. The ProTem is a
budgeted professional service contract within the overall contract of the Hearing
Examiner. It is anticipated that the ProTem will hear an average of twelve cases per
year.
Resolutions I,_ OrdinanceContract _ Other (Specify) Professional Service Contract
Funding Source General Fund
APPROVAL FOR SUBMITTAL: .\�.',I.-.�
City Manager
STAFF RECOMMENDATION: Approve resolutions
BOARD/COMMISSION RECOMMENDATION: Approve the contract with James K.
Adams
COUNCIL ACTION:
FRANK L. KURTZ (S09) 2464262
JAMES P HURLEY
VICTOR H. LARA FACSIMILE
JAMES K. ADAMS (509) 575.5661
November 15, 1994
ATTORNEYS AT LAW
r' -.�, -
CiTY OF YAK:' i,
NOV..15 1994
KURTZ, HURLEY, LARA & ADAMS -CF
-•- �,- '
411 NORTH Zed STREET _W CiTY CCUNCIL 1
YAKIMA. WASHINGTON 96901
ONE
PAT BERNDT, Mayor
City of Yakima
Yakima City Hall
129 North Second Street
Yakima, WA 98901
CHUCK KLARICH
Board of Yakima County Commissioners
Room 416, Yakima County Courthouse
Yakima, WA 98901
Re: Hearings Examiner Pro -Tem, Yakima Urban Area
Dear Mayor Berndt and Commissioner Klarich:
I wish to be considered for the position of Hearings
Examiner Pro -Tem, Yakima Urban Area. This will constitute my
letter of interest, statement of qualifications and compensation
requirements.
I am an attorney in good standing in the State of Washington
having been admitted to practice in Washington in November, 1977.
I am also admitted to practice before the United States Court of
Appeals, Ninth Circuit, and United States District Court for the
Eastern District of Washington and the Western District of
Washington.
I am a 1973 graduate of the University of Washington. I
received a Bachelor of Arts Degree in economics, cum laude. I
received my Juris Doctor Degree from Willamette University,
College of Law in 1977. Between my graduation from the
University of Washington and the commencement of my legal studies
in 1974, I was employed by the Planning Department for the City
of Tacoma, Washington, as an administrative assistant. I have
practiced in Yakima County since September of 1982, having
practiced in Pierce County from November of 1977 until that time.
Page 2 -
November 15, 1994
I was a principal in the Yakima County firms of Thorner, Almon,
Kennedy & Gano, and Almon, Berg and Adams. In August of 1992 I
became a partner in my present firm of Kurtz, Hurley, Lara and
Adams. My practice has been varied, although in the past eight
years it has been essentially limited to real property issues and
the representation of small to moderate size businesses.
With respect to real property issues, I have represented
clients in regards to the purchase, sale and lease of real
property. Many of these transactions have been coupled with the
sale of business interests. I have also been involved in the
resolution of boundary disputes, preparation of easements and
licenses, construction contracts, builder disputes and
foreclosure of liens and other security interests in real
property. My practice has included the representation of
landlords and tenants. I have also been involved in the
preparation, interpretation and litigation of real property
covenants and restrictions. I have had extensive experience in
litigation in nearly all of these issues.
Importantly, I have represented developers and others before
the Yakima Urban Area Hearings Examiner and County Commissioners.
I am familiar with the Yakima Urban Area ordinance and its effect
on real property use and development. I have also been involved
in environmental litigation with the Department of Ecology.
Representative clients include real estate brokers, sales
persons, developers, contractors and individuals with concerns
regarding real property.
I have had some experience with quasi-judicial resolution of
„n
a +^,- der the superior Court
problems. I have acted as a i++rb; t + �- for
+ �
mandatory arbitration system in Yakima County for several ears.
It is a routine practice of mine to justify my rulings in
writing
Finally, my compensation requirements would be $110.00 per
hour of actual work as a hearings examiner. This rate would
include whatever staff requirements I would deem necessary to the
proper carrying out of the duties of hearings examiner.
It is my hope that you will look upon my application with
favor. I have asked two gentlemen to provide letters of
professional reference. Further references can be made available
upon request.
Page 3- November 15, 1994
Thank you very much for your consideration. If I can answer
any questions, please do not hesitate to call.
Yours very truly,
JAMES K. ADAMS
JKA:rrs
Enclosures
November 14, 1994
Rdelity
Titie Company
406 NORTH SECOND STREET • PHONE 248-6210 • P O BOX 1682 • YAKIMA WASHINGTON 98907
Mr. Chuck Klarich, Chairman
Board of Yakima County Commissioners
Room 416
Yakima County Courthouse
Yakima, Wa. 98901
Hon. Pat Berndt, Mayor
City of Yakima
Yakima City Hall
129 N. 2nd St.
Yakima, Wa. 98901
RE: Hearings Examiner Pro -Tem.
.moo._
RECi�'r�.1ED
r -Ty CF
NOV 1 51994
« v L
A.
Dear Urban Area Administrators,
I have personally known and worked professionally with Jim Adams for
over fifteen years. During that time I have had occasion to work with
him while he represented developers, individuals seeking zoning relief,
individuals with land use and boundary problems and a number of land
use rights issues. Each time I have had the opportunity to work with
Jim, I am pleasantly reminded about his competence by his quick
understanding of complex issues.
Many of the issues which I have had knowledge were not litigated because
of Jim's ability to pose and effect a fair and equitable solution for
all parties. In the real property industry Jim Adams has a reputation
among Realtors, Developers, Surveyors and Title Insurers for getting
a good job done.
Without reservation, I recommend Jim Adams, a member of the Yakima County
Bar to fill the position of Hearings Examiner Pro -Tem for the Yakima
Urban Area.
Sincer
Gary . Kissling
"OUR NAME SAYS IT ALL
RECEIVED
r- 'OPYtie".'‘
WILLIAM F. ALMON, P.S. NOV 1 5 1994
ATTORNEY AT LAW
4112 SUMMITVIEW t CrT ,n� IsT��E���
C FICC r CITY .
POST OFFICE BOX 9365
YAKIMA, WASHINGTON 98909-0365
November 15, 1994
Honorable Pat Berndt, Mayor
City of Yakima
Yakima City Hall
129 N. 2nd Street
Yakima, WA 98901
Honorable Chuck Klarich, Chairman
Yakima County Commissioners
Room 416, Yakima County Courthouse
128 N. 2nd Street
Yakima, WA 98901
Re: Hearings Examiner Pro -Tem, Yakima Urban Area
Dear Pat and Chuck:
(509) 966.7183
Among those expressing an interest in assisting with Phil Lamb's
workload as Hearing Examiners Pro -Tem for the Yakima Urban Area, is my
friend and former law partner, Jim Adams.
While I would hope and expect that his legal abilities and reputation for
integrity are sufficiently known so as to need no repetition in this letter
of recommendation, to comply with the state requirements, I am pleased
to reiterate that Jim is highly qualified, not just by education and
professional training, but by temperament, by chosen areas of emphasis in
the practice of law, and by having joined with me in many real estate and
arbitration matters over many years of practicing law.
Having successfully represented many clients in matters involving real
estate acquisition, sale and development, construction businesses and
related undertakings, having represented them as trial attorney, both from
the plaintiff and defense sides, Jim has a keen appreciation not just for
the legal niceties of such matters, but equally importantly, for the
practical side of real life. He is fair, objective, impartial and a good
listener.
Jim manic would he a fine addition to assist as Hearing Examiner Pro -
Tem on matters relative to our Yakima Urban Area. He merits your
consideration as such, and I recommend him without hesitation. If you
have any questions at all, or if I can expand upon my knowledge of his
abilities or my experience with him, please call.
Sincerely,
William F. Almon
OFFICE OF HEARING EXAMINER PRO TEM
FOR THE
CITY AND COUNTY OF YAKIMA
JAMES K. ADAMS
411 NORTH SECOND STREET
YAKIMA, WASHINGTON 98901
FAX: (509) 575-5661
March 6, 1998
MS. BETTIE INGHAM, Chairman
Yakima County, Board of Commissioners
Room 416, Yakima County Courthouse
128 North 2nd Street
Yakima, WA 98901
HON. JOHN PUCCINELLI, Mayor
City of Yakima
129 North 2nd Street
Yakima, WA 98901
(509)248-4282
RECEIVED
CETT OF YA!,.1( *:4
MAR 1 0 1998
OFRCE OF CITY CL)`NC!
Re: Hearings Examiner Pro Tem
Dear Chairman Ingham and Mayor Puccinelli:
Due to the demands of my private practice of law, I regretfully
resign as Hearing Examiner Pro Tem for the County of Yakima and City of
Yakima. It has been a pleasure to serve as Hearing Examiner Pro Tem
and a rewarding experience.
If I can be of assistance in the transition made necessary by my
resignation, please do not hesitate to call.
JKA:gs
cc: Phil Lamb
Don Skone
Dick Anderwald
Very truly yours, -.
JAMES K. DAMS
•
FOR COUNCIL INFO ONLY
DATE GI Y