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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