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HomeMy WebLinkAboutCOW 2005-03-28 Item 5A - Interlocal Agreement - Hearing Examiner Services with City of Seattle COUNCIL AGENDA SYNOPSIS o,: y�' rnitial� ITEMNO. 1 1 4 .4 9 1 1 AVIeetinx Date Prepared by Mayor's review Council review 0 1 03/28/05 1 SK I. I `LL 5 C 1 1 ITEM INFORMATION I CAS NUMBER: 05-045 I ORIGINAL AGENDA DATE: 03/ 28/05 AGENDA ITEM TITLE Interlocal agreement for hearing examiner services CATEGORY Discussion Motion 'Resolution Ordinance Bid Award Public Hearing Other Mtg Date 3/28/05 Mtg Date Ilitg Date ilitg Date Mtg Date illtg Date Aitg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police Ply SPONSOR'S An interlocal agreement with the City of Seattle to provide hearing examiner services for J SUMMARY the City of Tukwila. RL :vI EwED BY COW IVItg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 03/15/05 RECOMMENDATIONS: SPONSOR /ADMIN. Forward to Council meeting for approval. COMMITTEE Forward to COW meeting. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments: MTG. DATE I RECORD OF COUNCIL ACTION I I MTG. DATE ATTACHMENTS 03/28/05 Staff report (to CA &P Cmte) from Shelley Kerslake dated 3/8/05 (with attachments) Proposed contract signed by the City of Seattle Minutes from Community Affairs Parks Cmte dated 3/15/05 INFORMATION MEMO To: From: Date: Subject: Project No. Community Affairs and Parks Committee Shelley Kerslake March 8, 2005 Hearing Examiner Services ISSUE Whether the City should enter into an Interlocal Agreement with the City of Seattle for Hearing Examiner services. BACKGROUND In late 2004 the City of Tukwila was approached by the City of Seattle inquiring if the City was in need of Hearing Examiner services. They sent us a proposal that is attached to this memo. DISCUSSION/ANAL YSIS/ ALTERNATIVES The Seattle Hearing Examiner will provide these services at a rate of$70.00 per hour. We currently pay $100.00 per hour for hearing examiner services and $37.50 per hour for clerical services. In addition, unlike the current examiner, Seattle is willing to conduct the required hearings at City facilities, at no additional charge. This should prove more efficient for City staff and witnesses. Most importantly, both Seattle Hearing Examiners are very experienced and enjoy a good reputation in the legal community. This proposal would not tenninate our contract with other hearing examiners and we would continue to use Park Eng as our Hearing Examiner for Drug Forfeiture cases, given his specialized experience in those matter. This contract would allow the City more flexibility to provide Hearing Examiner and Pro-tern Hearing Examiner services. RECOMMENDATION Adoption ofthe City of Seattle Hearing Examiner Interlocal Agreement. Attachments: Proposed Contract Scope of Services Available from Seattle Office of Hearing Examiner We can provide a full range of hearing examiner services but will tailor them to Tukwila's needs. General coordination We would meet with the appropriate Tukwila staff at the outset of our tenure, to ensure a coordinated and efficient working relationship. Your staff can contact our office at any time. Hearing services Prior to the hearing, the examiner would review the department project file, including any department decision on appeal, and any pre-filed exhibits. The examiner would review the applicable code and ordinance provisions and rules, and any prehearing briefs or memoranda. When appropriate, we would hold prehearing conferences and/or rule on prehearing motions. In the interests of continuity and predictability, we would like to be able to review previous decisions in similar Tukwila cases. We would conduct the hearings in accordance with Tukwila's established schedule, and would also hold any additional hearings that were necessary, either during the day or the evening. As part of the hearing process, we would administer oaths, receive evidence, rule on motions, and otherwise manage the hearing to be fair and efficient, and to ensure that the record is complete. In most cases involving a land use decision, we would visit the site. Written decisions and recommendations would be issued within the time limits set by Tukwita, and in the City's established decision format. Related services We will provide you with a printed annual report of the hearing examiner's work, including case statistics, and if desired, would meet annually with the City Council and/or Mayor and City Administrator to review the year's decisions and trends, and receive feedback on the decision process. We are also available for meetings with staff on hearing-related issues, periodic trainings on land use issues and recent legal developments, assistance in developing or revising procedural hearing rules, and to review and comment on proposed land use and hearing-related legislation. These services are included in our basic hourly rate. Our support staff can provide additional assistance, such as mailing out orders and decisions, providing decisions in HTML/web page format for up-loading to the City's web site, and other tasks you may request. Our office is staffed with support personnel who are thoroughly familiar with all aspects of the hearing examiner process. We employ a paralegal who assists with prehearing and post-hearing work, and is available to assist with Tukwila hearings if needed. We also have a staff analyst and an administrative assistant who handle all other support functions for the examiners in our office. The office is open and staff is available to assist you every business day from 8 a.m. to 5 p.m. EMPLOYMENT mSTORY September 2003 to present January 1995 to August 2003 1980 to 1995 SUE A. TANNER 618 Second Avenue, Room 1320 Seattle, Washington 98104 (206) 684-0703 (work) CITY OF SEATTLE HEARING EXAMINER The position serves as the City's principal hearing officer and administers the Office of Hearing Examiner. Conduct quasi-judicial hearings and issue written decisions and recommendations within defmd time limits in a wide range of subject areas, including land use and environment, tax, landmarks and special districts, civil service, licensing, and health code and public nuisance enforcement. Draft and update hearing rules and procedures and corresponding office procedures. Mana~e a small office and supervise staff which includes a deputy hearing exammer. KITSAP COUNTY PROSECUTING ATTORNEY'S OFFICE, CIVIL DIVISION Civil Division Chief and Senior Civil Deputy Managed the civil and child support divisions of the office, supervising the work of 12 attorneys. Prepared and implemented the division budget and prepared the annual report. Handled communications with the press. Defended the county in cases in state courts and before administrative bodies, including the Growth Management Hearings Board, Shorelines Hearings Board and Kitsap County Hearing Examiner. Performed land use legal work for the department of community development and the county commissioners, and other legal work as needed. SNOHOMISH COUNTY PROSECUTING ATTORNEY'S OFFICE, CIVIL DIVISION Deputy and Senior Civil Deputy General practice in local government law and litigation, with a heavy concentration in land use, constitutional and administrative law and litigation during the last 10 years. At various times, advised the department of planning and community development, hearing examiner, planning commission, county council and parks department. Head of Land Use Section for last five years. Litigation experience at all levels of state court and in administrative forums, including the Growth Management Hearings Board, Shorelines Hearings Board, Department of Ecology administrative appeal hearing and quasi-judicial hearing before the Everett City Council. 1973 to 1975 EDUCATION PROFESSIONAL AFFILIATIONS AND ACTIVITIES PRESENTATIONS ASSISTANT PERSONNEL DIRECTOR COLUMBIA UNIVERSITY LIBRARIES New York, New York Responsible for interviewing and screening job applicants, providing employee orientation, planning and implementing staff development programs and assisting in budget preparation. SOUTHERN METHODIST UNIVERSITY SCHOOL OF LAW (Dallas, Texas) J.D. Degree, 1978 Southwestern Law Journal: Editor; Publications at 31 Sw.L.J.1097(1977) and 30 Sw.L.J.950(1976) Dallas Bar Association Award: Best Comment Published in an SMU Law Journal (1977) Barrister Award: Best Written Brief in conjunction with Moot Court Competition WHITMAN COLLEGE (Walla Walla, Washington) B.A. Degree with major in political science, 1973 Washington State Bar Association Environmental and Land Use Law Section Member of the Executive Committee 1990-1993 Administrative Law Section American Bar Association Urban, State and Local Government Law Section "Ethical Issues - Protecting Client Confidences in the Electronic Age and the Public Process, " Law Seminars International, GMA - Challenges & Solutions 2002 "Resource Lands and Open Space - Rural Resource Lands," Law Serminars International, Gro"wth Management Act: Growing with GMA into the next millennium (1999) "Defending Sensitive Areas Regulations," Law Serminars International, Owning and Using Sensitive Areas (1994) "The Role of the Government Attorney in Land Use Hearings" (Roundtable), May, 1991 Hearing Examiners' Conference "The Public Duty Doctrine - Defending Your Jurisdiction," June, 1984 Conference, Washington Association of Prosecuting Attorneys - ANNEJ. WATANABE Experience Deputy Hearing Examiner City of Seattle, 1995 to present Conduct administrative hearings and issue written decisions or recommendations. Caseload includes land use and environmental decisions; code enforcement appeals; tax appeals; license suspension appeals; fair housing and employment discrimination complaints; and other matters prescribed by the City's Codes. Legal Planner City of Bellevue 1993 to 1995 Legal advisor to the City's planning and development department. Represented the department at administrative appeal hearings before the hearing examiner, board of adjustment, and City Council. Also provided staff support to the planning commission, City Council committees, and other City advisory committees. Wrote formal Director's interpretations of the land use code; drafted revisions to the City's codes; and provided information to staff and the general public regard the City's codes. Planner City of Kent, 1990 to 1992 Administered City land use codes and policies. Worked with elected officials, staff, and the public to draft comprehensive plan language, land use codes, and shoreline master program. Represented the planning department before the hearing examiner, planning commission, and City Council. Served as staff to the planning commission and other citizen boards and advisory groups. Environmental Planner Department of Ecology, 1988 to 1990 Policy planner within the Department's hazardous waste cleanup section. Developed policies and regulations to implement state hazardous waste laws. Also assigned to the Puget Sound Water Quality Authority to develop water quality policies for state agencies. Other experience: Attorney, private practice Conservation Planner, The Washington Nature Conservancy Managing editor, Butterworth Legal Publishers Education: Juris Doctor, University of Washington, 1981 Master of Urban Planning, University of Washington, 1988 Bachelor of Arts, Pacific University (Oregon), 1977 INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA AND THE CITY OF SEATTLE FOR HEARING EXAMINER SERVICES THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into pursuant to the lnterlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, by and between the City of Tukwila ("Tukwila") and the City of Seattle, acting through its Office of Hearing Examiner ("Seattle"), for Tukwila's utilization of Seattle's hearing . . exammer services. WHEREAS, Tukwila is in need of the services of a hearing examiner; and WHEREAS, Seattle has the experience, personnel, and willingness to provide hearing . . exammer services; NOW, THEREFORE, in consideration of the terms and provisions herein, it is agreed by and between Tukwila and Seattle as follows: 1. Statement of Purpose. The purpose of this Agreement is for Seattle to provide hearing examiner services to Tukwila. 2. Scope of Services. Seattle shall provide hearing examiner services for Tukwila as required by Tukwila. Tukwila shall provide all support services which include, but are not limited to, sending out notices to affected parties and copying and distributing the hearing examiner's decision. 3. Compensation. Tukwila shall pay Seattle $70.00 per hour for Seattle's hearing examiner services. Seattle shall not bill for travel time between Seattle and Tukwila. If Seattle is required to provide any copying services in the performance of this Agreement, Tukwila shall pay Seattle $.15 per page for the copies. 4. Method of Payment. Seattle shall bill Tukwila on a monthly basis for work performed. Within 30 days of receiving Seattle's invoice, Tukwila shall issue a check to Seattle for services rendered. 5. Scheduling Services. Seattle's hearing examiner services shall be scheduled on a case-by-case basis. Tukwila shall contact Seattle to schedule appropriate dates and times. 6. Hearing Location. Hearings shall be held at Tukwila City Hall. Tukwila shall provide the necessary recording equipment in order to record the hearing. The hearings may be held in the day or evening as required by Tukwila. 7. Hearing Decision. Hearings shall be conducted in compliance with the Tukwila Municipal Code. Upon conclusion of the hearing, Seattle shall issue -1- 13. Administrator. No administrator is needed for this Agreement. 14. Manner of Acquiring, Holding, and Disposing of Real and Personal Property. No property is needed for this Agreement. 15. Notices. All notices required or permitted pursuant to this Agreement shall be addressed as follows: City of Seattle Office of Hearing Examiner: Office of Hearing Examiner 618 Second Avenue, Room 1320 Seattle, W A 98104 City of Tukwila: Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. Steven M. Mullet, Mayor Dated: CITY OF SEA TILE OFFICE OF HEARING EXAMINER -d~~~ Sue A. Tanner, Hearing Examiner Dated: 3 1[0'/0<.5- CITY OF TUKWILA Approved as to Form: Tukwila City Attorney ,.., -.J- Community Affairs and Parks Committee March 15,2005 Present: Joe Duffie, Chair, Joan Hernandez, Dennis Robertson Rhonda Berry, Peter Beckwith, Jack Pace, Steve Lancaster, Kathy Stetson, Nora Gierloff, Moira Bradshaw, Derek Speck, Lucy Lauterbach 1. Update on Code Enforcement Kathy gave a report on code enforcement issues for the past year. The highest numbers of complaints were received in the following categories: building, trash and vehicles. Kathy explained that Building Department violations have been incorporated in to the tracking system used for zoning and nuisance code violations, making follow up easier. She showed before and after picture~ of several major code violation cases which culminated in property being cleaned up and illegal'uses and derelict buildings removed. Forty-eight cases ITom 1999-2003 were also closed and three hundred and twenty new cases were opened and investigated in 2004. Kathy concluded by referring to the new International Property Maintenance Code, regulations for vehicle parking and storage, and tax lien ordinances as valuable tools for Code Enforcement to use. Information. * 2. Hearing Examiner Services The city currently contract with the City of Renton for Hearing Examiner Services. The City of Seattle has submitted a proposal to provide those services for us, and it appears that proposal holds several advantages for Tukwila. The Seattle examiner costs $70/hour compared to the Renton examiner cost of $1 OO/hour. Seattle is also willing to work evenings and weekends, which Renton would not do. Seattle will also hold hearings in Tukwila, another advantage over current practice. The committee members supported the change. Recommend interlocal agreement to COW. 3. Using Code Enforcement to Improve Housing Stock As a follow on to materials provided for the City Council retreat, DCD staff proposed options for improving the housing stock in Tukwila. The first decision the Council will make is whether to be pro-active or re-active in code enforcement. If the city is pro-active another decision will be which issues are most important to focus on, and whether the focus should be on one or two issues, or instead on cleaning up one geographic area for several issues. The City of Sea Tac has been pro-active in addressing some basic code violations. On other issues they are reactive. Tukwila is now reactive on all code violations, with properties being investigated only after a complaint is received. Kathy said that approach has resulted in addressing an issue at one house, while houses on both sides ofthat house may have the same violation, but not be the source of a complaint. The committee supported a more pro-active approach, though Joan hoped to use data from the housing study to substantiate where there are problems with the housing stock. Dennis said he would focus on trash and vehicles for both residential areas and multi-family units. He would like to focus on cleaning up deteriorated and poorly maintained apartments. The committee talked about joining forces with the police effort to clean up the area around S. l44th/Tukwila International Boulevard (TIB).