HomeMy WebLinkAbout07/19/00 AGENDA CITY COUNCIL MEETING AGENDA
JULY 19, 2000
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M.
A. General Council Business
2. CALL TO ORDER: 5:30 P.M.
A. Pledge of Allegiance
B. Invocation
3. CONSENT AGENDA
A. Minutes of Meeting - July 12, 2000 (#AB00-166)
4. CLAIMS/CHECK REGISTERS
5. COUNCIL MEMBER REPORTS
6. MAYOR'S REPORT
7. LEGISLATIVE REPORT
8. PUBLIC RECOGNITION - (Comments limited to 3-minutes)
9. NEW BUSINESS,
A. Sale of Building at 1201 Park Avenue & 1198 Elizabeth Avenue to Kitsap
Community Resources; and License to Use Parking and Play Area (#AB00-167)
B. Acceptance of Washington Traffic Safety Commission Probation Start-Up Grant,
and Authorizing Budget Adjustment No. 00-15 (#AB00-168)
10. ORDINANCES
A. Ordinance (First Reading) Relating to Appointment of Judges Pro Tempore; and .~)
Amending BMC Section 2.62.040 (#AB00-169) ~-%r'r'
11. ADJOURNMENT OF MEETING
CITY COUNCIL WILL ADJOURN TO THE COUNCIL CONFERENCE ROOM IMMEDIA TEL Y
FOLLOWING THE REGULAR MEETING TONIGHT FOR A STUDY SESSION TO DISCUSS
THE "CAPITAL IMPROVEMENT PLAN".
AGENDA BILL
BREMERTON CITY COUNCIL
1. ~: FOR AGENDA OF: JULY 19, 2000
ORIGINATING DEPT: el'fY COUNCI L
MINUTES OF MEETING- JULY 12, 2000 ORIGINATOR: CAROL ARENDS, PRESIDENT
DATE SUBMITTED: JULY lb,, 2000
2. ~Zl.~~: (comment on back if necessary) 3. EXHIBITS:
ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMI'I-FAL:
MAYOR: COUNCIL PRESIDENT: ~~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
8. RECOMMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION:
PULLED TABLED APPROVED__ DISAPPROVED__ AM:-~D~
COUNCIL DIRECTIVE: DATE:__
11. AGENDA BILL NO: ~~I~
2. CLEARANCE COMMENTS:
4. SUMMARY STATEMENT (continued):
5. IMPACT ON NON-PASSAGE:
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
7. RESEARCH SOURCES:
TAPE #1713 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
July 12, 2000
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, July 12, 2000, at 5:30 P.M.,
with Council President Carol Arends presiding. Council members present were Jim Reed, Conrad
Esser, David Farr, Mike Shepherd, Ed Rollman, John Law, and Cecil McConnell. Council member
Wayne Olsen was absent. Also present were City Attorney Glenna Malanca, Deputy City Clerk Paula
Johnston, and Legislative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed
by the invocation given by Pastor Talmage Wilson of Charleston Baptist Church.
President Arends made the following announcements:
(1) Council held a Pre-Council Session in the Council Conference Room to discuss general Council
business; followed by a 15-minute Executive Session to discuss "Review of Personnel
Performance" per R.C.W. 42.30.110(1 )(g); and
(2) Council will hold a Study Session immediately following the Council Meeting to discuss an 'Update
on Council Rules & Procedures".
CONSENT AGENDA
A. Minutes of Meeting - July 5, 2000 (#AB00-162)
#0035 M/S/C/U (McConnell/Law) Move to approve Consent Agenda as presented.
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those
expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a
listing that had been made available to the Council.
#0060 M/S/C/U (Law/McConnell) On July 12, 2000, the Council does approve for payment those
vouchers included and further described as follows: 243068 through 243245 in the amount of
$460,650.43; and Regular Payroll for the period ending July 7, 2000, in the amount of $950,675.46.
COUNCIL MEMBER REPORTS
John Law announced the next District 3 monthly meeting would be held on Tuesday, July 18 at the
Senior Center, from 7:00 to 9:00 P.M. to discuss "A Change in City Government? - Do We Want It? If
yes, What Do We Want?."
Ed Rollman thanked Pat Wright, owner of the downtown restaurant "Just Your Cup of Tea" for
providing great service to his customers; announced the current movie at the "Summer-2000 Free
Matinee Program" at the Charleston Cinema is the "Prince of Egypt'; and lastly, commented on the
many calls he has received from concerned citizens regarding the recent murder of Ruth Davison,
and suggested that citizens donate food in her honor to the Bremerton Food Bank.
Mike Shepherd reminded citizens of the 2® Annual District 5 Neighborhood Picnic on Thursday, July
20, from 5:00 to 6:00 P.M. at Evergreen Rotary Park, where neighbors are invited to enjoy
hamburgers as they chat with their City, County, and State representatives.
President Arends noted that Council member Wayne Olsen was absent tonight due to his
attendance at a Central Lion's Club event in Portland, Oregon.
TAPE #1713
City Council Reg. Mtg. Minutes
July 12, 2000
Page 2 of 3
MAYOR'S REPORT
Mayor Lynn Horton was pleased to announce that the City's Wastewater Treatment Plant was
recently recognized by the State Department of Ecology with a "1999 Outstanding Wastewater
Treatment Plant Award", which was awarded for being in 100% compliance with their discharge
permits in 1999. She thanked the Wastewater Treatment Plant staff for their efforts, and the
dedication and pride they show in the daily operation and maintenance of the facility. In addition, she
reported that the City has passed the first phase of the application process for a "Year-2001 EDA'
grant for $1 million for the Anderson Hill Water Project.
LEGISLATIVE REPORT- There was no report tonight.
PUBLIC RECOGNITION
Gordy Byrd was impressed with the treatment recently received by Hardson Hospital staff. He also
announced a 9-day, "revival" at the Kitsap Pavilion, for all religions, beginning July 24"'.
Robert Sauter, Committee Chairman of Bremerton V.F.W. post 3694, cordially invited the Council
and the public to a presentation of the Korean War Service Medal by the Consul General of Korea
from the government of South Korea, to members of the Armed Forces who served in Korea dudng
the pedod 1950 to 1953. The ceremony will be at the Bremerton High School Auditorium on
Saturday, July 15, at 10:00 A.M. In addition, he briefed the Council on the latest activity of the
"Missouri on the Mainland" Committee, working to return the USS MISSOURI back to Bremer~on.
9A - APPOINTMENT OF CINDY A. HOLLIS (FORMERLY WEARSTLER) TO THE DISABILITY
ACTION COMMITTEE, #AB00-163: Mayor Lynn Horton, noted that Cindy A. Hollis is not a City of
Bremerton resident, but she is an advocate and Board Member of the Washington State Council for
the Blind. She discussed additional qualifications, and therefore recommended that Cindy A. Hollis
be appointed to fill the vacancy on the Disability Action Committee.
#0515 M/S/C/U (Fart/Reed) Move to confirm the appointment of Cindy A. Hollis to the Disability
Action Committee.
10A- PUBLIC HEARING AND RESOLUTION NO. 2761, REGARDING RECOVERY OF FEES FOR
THE ABATEMENT OF UNSAFE STRUCTURES ON THE PROPERTY LOCATED AT 241 S.
CAMBRIAN AVENUE, (#AB00-164) Janet Lunceford, Building Development Specialist II, reported
that in November, 1999, an abatement order was posted on the property located at 241 S. Cambrian
due to unsafe conditions on the site. The house was abandoned, full of garbage and debris, and
inhabited by vagrants. Due to a lack of response by the owner, the City boarded the house to
prevent entry on December 13, 1999. Conditions at the property worsened, with vagrants removing
the boards and occupying the structure, and more garbage and debris appearing in the yard. All
attempts to contact the owner were unsuccessful and the certified copy of the abatement order was
returned by the Post Office as "unclaimed". The house and 2 detached garages were demolished
beginning on May 3, 2000. The fees incurred for this action totaled $16,192.91. Council must now
decide if the fees were just and reasonable and how those fees should be collected.
Mr. Conrad asked how the City would recover these fees? Ms. Lunceford responded that the fee
would show up on the property owner's next property tax statement, and if not paid by the property
owner, the County would foreclose on the lien for three years.
TAPE #1713
City Council Reg. Mtg. Minutes
July 12, 2000
Page 3 of 3
#0645 M/S/C/U (McConnell/Reed) Move to pass Resolution No. 2761, ordedng that the fees incurred
for the abatement of 3 dangerous structures located at 241 S. Cambdan Avenue be collected as
reasonable abatement costs and become a lien against the property.
10B - PUBLIC HEARING AND RESOLUTION NO. 2762. REGARDING RECOVERY OF FEES FRO
THE REMOVAL OF VEGETATION ON THE PROPERTY IDENTIFICATION LIST. (#AB00-16[i)
Janet Lunceford, Building Development Specialist II, reported that Ordinance No. 4584 makes it
unlawful and a nuisance to allow, continue, or maintain grass and weeds exceeding 12 inches in
height; shrubs, vines, or trees which constitute a fire hazard or provide a harborage for rats, rodents,
or horticultural pests, or noxious and poisonous plants. The listed properties are currently in violation
of the ordinance and pursuant to Section 9.14 of the Bremerton Municipal Code, Council is asked to
approve the removal of the nuisance vegetation on the property and collection of the costs incurred
by personal judgement against the owner and a lien against the property. Ms. LuncefQrd announced
the following properties were removed from the list:. 821 Broadway; 117 N. Montgomery; 2417 &
2419 Perry; 622 Washington; 516 Yantic; 2111 4t~ Street; 1226 6"' Street; 1223 7~ Street; and 2908
13t~ Street.
Mr. Reed~asked if there were administrative fees for vegetation abatements. Ms. Lunceford stated
that the administrative fee is $600, plus the cost of staff labor
#0800 M/S/C/U (Shepherd/Reed) Move to pass Resolution No. 2762, ordedng that the nuisance
vegetation on the properties identified by the attached listing be removed by the City with fees
incurred collected as reasonable abatement costs, which shall become a personal judgement against
the owner and lien against the property.
With no further business, meeting concluded at 6:00 P.M. The Council then reconvened in the
Council Conference Room for a Study Session to discuss the "Update of Council Rules &
Procedures".
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
PJICAIIslcg
c: Normal Distribution File
&GENDA BILL
B~RTON CITY COUNCIL
1. SUBJECT: Sale of Building at FOR AGENDA OF: July 19, 2000
1201 Park Avenue & 1198 Elizabeth ORIGINATING DEPT: Admin. Services
Avenue to Kitsap Community ORIGINATOR: Kathleen McCluskey
Resources and license to use DATE SUBMITTED: June 29, 2000
parking and play area
2. CLEARANCES: (comment on back 3. EXHIBITS:
if necessary) ~
Quit Claim Deed
Attorney Memorandum & License
Parks Director ~ Site Map
Fiscal & Budget- v -- Parks Protection Ordinance
Operations ~ Letter from Parks Director
Letter from KCR
MAYoRENDORSEMENT~~ ~FO~T~N. APPROVEDcouNcILBY PRESIDENTCOUNCIL PRESIDENT~FOR~SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City owns two adjacent parcels commonly known as Smith School located at 1201 Park
Avenue and 1198 Elizabeth Avenue and Smith Play Field. We have leased the Smith School property
to Kitsap Community Resources (KCR) for one dollar per year for over 25 years. They have assumed
full responsibility for operating costs and have invested over $1.5 million in the facility.
KCR has offered $150,000 to purchase the Smith School Property. The City paid the Bremerton
School District $72,500 in 1974.
This sale complies with the "Real Property Surplus, Sale and Acquisition" policy section
2(e) (1) that provides for a negotiated sale. There is no violation of the public gifting law
as we are receiving a monetary return and KCR provides services to low-income residents that
benefit the Bremerton community. The Parks & Recreation Commission recommended approval (see
attached). The sale of this property removes the city from potential liability for the property
and its use.
In order to create straight lot lines, KCR will lose some of the parking lot currently on
the Smith School property as well as a small play area used by the Head Start program. The
attached Memorandum of Understanding and Grant of License gives KCR the right to use those two
parcels of property in support of programs located in Smith School. The license terminates upon
KCR's conveyance of the Smith School parcel to any entity, except a successor non-profit entity
performing substantially the same services with the City's approval.
8. RECOMMENDATION: TWO M0/~0NS:
1. Motion to approve surplus and sale of the Smith School property at 1201 Park Avenue
and 1198 Elizabeth Avenue to Kitsap Community Resources for the amount of $150,000 with KCR
responsible for all closing costs and funds to be deposited to the Contingency Reserve Fund 103.
2. Motion to approve Memorandum of Understanding and Grant of License for use by Kitsap
Community Resources of the playground area described in parcel A and the parking area described
in parcel B in support of the programs located in Smith School.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION~ 9 A
PULLED TABLED APPROVED DISAPPROVED DED
COUNCIL DIRECTIVE: DATE:
.. oo-t 7
2. C!,.F..ARANC~ COMMENTS ¢ cont. ~:
4. SUMMARY STATEMENT {cont.):
5. IMPACT ON NON-PASSAGE:
We continue to lease for $1.00 per year.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OT}{ER RESOURCES
LOSS of revenue.
7. RESEARCH SOURCES:
7
REAL ESTATE PURCHASE AND SALE AGREEMENT
THE CITY OF BREMERTON, a Washington m~ corporation, Cnereim~er
called "Seller") hereby agrees to sell, and Kitsap Conantmity Resources ("Ptnv. hasef')
hereby agrees to purchase, the following descl'R~ real estate located in the City of
Bremerton, Cotmty of Kitsap:
ATI'ACHED AS EXHIBIT "A"
Commonly known as 1201 Pink Avemm and 1198 Elizabeth Avenue Cnereimffer the
1. PURCHASE PRICE:
The total pumlmse price is ONE HUNDRED FIFI'Y THOUSAND and NO CENTS
($I S0,000.00), payaUe at time ofdos g.
2. CONDmON OF TITLE - LEASES, LICENSES:
The title is to be free of ail encmnlxa~es or defects except:
Rights reserved in federal patents or state deeds, building or use aeaxictions g~
to the area, existing easements not inconsistent with Purchaser's intended use, and building
or zoning regulations or provisions shall not be deemed encumbmnc~ or defect~ Any
leases for parking space or for other interests or fights in the Property shall be disclosed to
Purchaser upon Sellers' acceptance of PumP's offer. Purchaser will notify Sellers of
Purchaser's ac_c.e~ or rejection of said leases within 10 days of said notification. Sellers
shall provide copies of written leases, licenses or other interest or right relating to the
Property al the time of initial notification required herein. Encumbrances to be discharged
by Sellers may be paid out of purchase money at date of closing.
Seller is Lessor in a Lease Agreement with Kitsap Childcare Center as Lessee, of a
portion of the Property. The parties will emer into an Assignrrent of Lease in the form
attached hereto as Exlfibit "B."
lha'chaser agrees to provide Seller with a Right of First Refusal for a period of Five
(5) years after the date of closing of this ~tion. This obligation shall survive closing,
and Purchaser hereby obligates itself to sign documents as may be necessary to ensure the
Seller's Right of First Refusal. The rights shall be limited as follows:
During said five (5) year period, in the event Purchaser shall receive
a bona fide offer to purchase the conveyed premises and the offer of
purchase shall be satisfactory to Purchaser, Purchaser shall give the Seller
the right of purchasing the premises at the price and on the terms of the offer
so made. This right shall be effected by a written notice containing a copy of
the bona fide offer sent to Seller at 239 Fourth Street, Bremerton, WA
98377 by registered mail, requiring Seller to accept the offer in writing and
to sign an identical contract to purchase the premises within the period of
thirty (30) days after the mailing of the notice.
The failure of Seller to accept the offer to purchase or to sign a contract
within the thirty (30) day period following the date of the registered mailing
shall nullify and void the right of Seller, and Purchaser shall be at liberty to
sell the premises to any other person, firm or corporation.
3. TITLE:
Title shall be conveyed by Statutory Warranty Deed free of encumbrances or
defects, in the form attached as Exhibit "C."
4. PURCHASER'S RIGHT TO USE ADJACENT PROPERTIES
The City owns Parcel 1, as depicted in Exhibit "D," attached hereto. The parties will
enter into a Memorandum of Understanding (MOU) regarding the use of the Smith School
Playfield Parking in conjunction with Purchaser's use of the Property, and use and storage
of playground equipment, in the form attached as Exhibit "E" which is attached and
incorporated by reference.
5. TITLE INSURANCE:
Seller shall furnish to Purchaser an ALTA Standard form policy of title insurance in
the amount of the purchase price, and as soon as reasonably possible, Purchaser shall be
furnished a preliminary commitment therefor issued by Land Title Company. (The Seller
shall assume any cancellation fee of such commitment or policy.) The title policy to be
issued shall contain no exceptions other than those provided in said standard form plus
encumbrances or defects noted in paragraph 2, above. If title is not so insurable as above
provided and cannot be made so insurable by the termination date set forth herein, this
agreement shall terminate; provided, however, that Purchaser may waive defects in writing
and elect to purchase.
6. DEFAULT:
If either party defaults in that party's contractual performance herein, the non-
defaulting party may seek specific performance pursuant to the terms of this agreement,
damages, or rescission.
7. PRO-RATION:
Current year's taxes, if applicable, rents, insurance, interest, water and other utilities
constituting liens shall be prorated as of date of closing.
8. CONDITION OF PROPERTY:
Purchaser offers to purchase the property in its present condition. Seller hereby
warrants that to the best of its knowledge the premises described herein and the
improvements thereon do not violate the applicable building or zoning regulations and that it
is unaware of any material defect in the premises or improvements thereon with the
exception of the following, to-wit: none
9. TIME FOR CLOSING - RESPONSIBILITIES OF PARTIES:
The sale shall be closed by Land Title Company within 45 days after preliminary
commitment for title policy is delivered showing title insurable, as above provided, but in
any event not later than the The Purchaser and Seller shall deposit
with Land Title Company ali instruments, documents and monies necessary to complete the
sale in accordance with this agreement.
10. CLOSING COSTS:
Purchaser shall pay all closing costs, including the Premium for the Ti8tle
Insurance Policy identified in Paragraph 5. Purchaser shall also pay for the cost of the
survey done as part of the boundary line adjustment on Parcel I as depicted on Exhibit "D"
so long as the cost of the survey does not exceed two thousand five hundred dollars
($2,500.).
11. DATE OF CLOSING:
For purposes of this agreement, "date of closing" shall be construed as the date upon
which all appropriate documents are recorded and proceeds of this sale are available for
disbursement to Seller. Funds held in reserve accounts pursuant to escrow instructions shall
be deemed, for purposes of this definition, as available for disbursement to Seller.
12. RISK OF LOSS:
If prior to closing, improvements on said premises shall be destroyed or materially
damaged by fire or other casualty, this agreement at option of Purchaser shall become null
and void. If Purchaser elects to continue, all insurance proceeds, if any, shall be payable to
Purchaser.
13. PERSONAL PROPERTY:
now on the tnemb~ shall be induded ~ ~ ~ m o~ ~~ ~
14. ATTORNEYS' FEES:
If ~klxa- party hereto is required to re~ain an attorn~ to hh~g suit or seek arbitration
to enforce any provisions of this agreement, said party shall be emitled to reasonable
attorneys' fees regmxtk~ of whetimr th~ matter proceeds to j, ulL, tr~t or is resol~xl by
defaulting party curing delbxflt.
15. CONIINGENCIES.
This ~is comingent on Pumlmer obtaining finandng assistame from the
State of Washington in the form of a grant in the amount of one hundred fifty thousand and
001100 dollars ($150,000). Seller agrees to execute wlmtever docmneats are ~ to
aid in ~ obtaining this gram prior to closin~ ff Purchaser is unable to obtain this
financing after a good faith effort then, on Purclmser's written notice to Seller, thiq
Agreement shall terminate.
16. ENTIRE AGREEMENT:
The~e are no other ~ or other agreemems, which modify or affect this
agreement. Time is of the essence of this agreement. All subsequent modifications or
waivers of any condition of thi.~ agreement shall be in writing and signed by the appropriate
parties.
//
CITY OF BREMERTON
Date: BY:
LYNN HORTON, Mayor
APPROVED AS TO FORM:
Glenna Malanca, City Attorney
-4-
Address: Bremerton City Hall
~n: Kathleen L. MeCluskey, Clerk
239 Fourth Street
Bremerton, Washington 98337
Phone: (360) 478-5290
KITSAP COMMUNITY RESOURCES
BY: LARRY EYER, President
~ WA 98337
Plx)ne: (360) 478-2301
~SI~R~ 1 ~DATA~BONNIE{~L]~ P&.S.doc
Legal Description of the KRC Property
That portion of the southeast quarter of the northeast quarter of Section 14, Township 24 North,
Range 1 East, Willamette Meridian, Kitsap County, Washington, more particularly described as
follows:
The north 90 feet of Lot 1, Tract 1 of the Plat of Warren Smith's Acre Tracts as recorded in
Volume 2 of plats, Page 51, records of Kitsap County, Washington;
Together with Lots 3, 4, 5, and 6, Block 5 and Lots 1, 2, 3, 10, and 11, Block 4 of the Plat of
Central Addition to the City of Bremerton as recorded in Volume 3 of plats, Page 103 records of
Kitsap County, Washington, lying northerly of the following described, line;
Beginning at the southwest comer of the said north 90 feet of Lot 1, Tract 1 of the said
Plat of Warren Smith's Acre Tracts, thence south along the west line of said Lot I, 23 feet
more or less to the intersection of said west line and the extension of the north line of the
south 14 feet of said Lot 3, Block 5, of the Plat of Central Addition to the City of
Bremerton; thence west along said north line 166 feet more or less to the easterly fight of
way of Elizabeth Avenue and the terminus.
Together with the vacated alleys as recorded in Auditor's File Number , records
of Kitsap County, Washington, lying adjacent to and between the above described parcels.
Together w/th the vacated alley as recorded in Commissioner's Journal 438, Page 405, records of
Kitsap County, Washington, lying adjacent to and between the above described parcels.
EXHIBIT A
ASSIGNMENT BY LESSOR - WITH CONSENT OF LESSEE
Assignment of Lease
This agreement is entered into on between City of Bremerton, of
239 4m Street, Bremerton WA 98337, referred to as assignor, and Kitsap Commumty
Resources of 802 Seventh Street, Bremerton WA 98337-1512, referred to as assignee.
Recitals
The parties recite and declare:
A. Assignor entered into a lease agreement, as lessor, on , with
Kitsap Childcare Center, , referred to as
lessee.
B. Assignor desires to assign and assignee desires to assume the rights, duties and
liabilities of lessor under the lease agreement.
As partial consideration for the sale of the demised real property, assignor assigns the
lease agreement described as above, to assignee effective , for the
balance of the lease agreement term of ( ) years provided in the
lease agreement.
The lease is recorded in Book , Page of of
the County Recorder of County.
The lease agreement commenced on . and is to terminate on
Assignee shall assume all rights and duties required of assignor under the lease
agreement, including all required payments, and shall comply with all terms and
conditions of the lease agreement.
Consent of Lessee
Kitsap Child Care Center, lessee in the above-described lease agreement, consent to
the assignment and transfer of the lease agreement, including all terms and conditions, to
assignee but does not waive any rights against assignor that lessee has under the lease
agreement.
- EXHIBIT..
In wimess whereof, each party to this assignment has caused it to be executed at
on the date indicated below.
Dated:
Assignor- City of Bremerton
Dated:
Assignee - Kitsap Community Resources
Dated:
Lessee - Kitsap Child Care Center
Recording Requested By And
W'hen Recorded Mail To:
SANCffEZ, PAULSON, MITCHELL & LAUR/E
A~tomeys at Law
4110 Kitsap Way, Suite 200
Bremerton WA 98312
STATUTORY WARRANTY DEED
The Grantor, CITY OF BREMERTON, a Washington Municipal Corporation, for and in
consideration of One Hundred Fifty Thousand Dollars ($150,00.00), in hand paid, conveys and
warrants to KITSAP COMMUNITY RESOURCES, a Washington Non-profit Corporation, the
following described real estate, situated in the County of Kitsap, State of Washin~on:
[LEGAL DESCRIFrION TO BE ATTACHED OR INSERTED HERE]
STATUTORY WARRANTY DEED -1- EXHIBIT
DATED this day of July, 2000.
CITY OF BREMERTON
LYNN S. HORTON, Mayor
STATE OF WASHINGTON )
SS.
COUNTY OF KITSAP )
On this day, before me, Lynn Horton, Mayor of the City of Bremm'ton, the municipal
corporation descnq~ed in and that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes
therein mentioned, and on oath stated that she was authorized to execute the said instnnnent on
behalf of said corporation,
GIVEN under my hand and official seal this __ day of ,2000.
Signature
Print Name
Notary Public in and for the State of Washington,
residing at
My appointment expires:
EXHIBIT C-2
STATUTORY WARRANTY DEED -2-
15' 15'
ALL£Y ~'
CONCRETL' WALL
CONCRETE WAII
6' ~OARD FENCI
'~ ) 3' CYCLONE FENCE--
MEMORANDUM OF UNDERSTANDING & GRANT OF LICENSE
The City of Bremerton ("City") and Kitsap Community Resources ("KCR") enter
into this Memorandum of Understanding & Grant of License to provide a license for the
use of portions ora parcel of City property commonly known as Smith Play Field.
I RECITALS
1. City's Interest: The City owns two adjacent parcels commonly known as Smith
School located at 1201 Park Avenue and 1198 Elizabeth Avenue and Smith Play
Field, Bremerton, Washington. The City is conveying the Smith School parcel to
KCR and that conveyance is hereby incorporated by reference into this Memorandum
of Understanding & Grant of License.
2. KCR's Interest: KCR is purchasing the Smith School parcel from the City and will
be granted a license to use the Smith Play Field parcel pursuant to this Memorandum
of Understanding & Grant of License. KCR presently provides a number of services
in Smith School, services which the City acknowledges are beneficial to it and its
citizens and which the City wishes to see continue. To continue providing services at
Smith School, KCR must be allowed to use portions of Smith Play Field as set out
below.
3. Portions of Smith Play Field Involved: Pursuant to the terms of this Memorandum
of Understanding & Grant of License, the City grants a license to KCK for the use of
the following two portions of Smith Play Field: those portions described as Parcels A
and B described in Exhibit "D" to the parties Purchase and Sale Agreement of even
date.
4. Notice: Notices shall be in writing and delivered to the following addresses:
KCR address: 802 Seventh Street
Bremerton WA 98377
City Address: 239 Fourth Street
Bremerton WA 98337
II AGREEMENT AND UNDERSTANDING
A. KCR is licensed to use parcel A as a playground in support of the programs located in
Smith School. This license of parcel A is exclusive to KCR except for use by the
City of Bremerton Parks Department for park purposes. No further grants, license,
easements or conveyances of this property will be made, which would interfere with
the license hereby granted to KCK. KCR is also licensed to use parcel B as a parking
facility to support the programs located in Smith School. This license of parcel B is
exclusive to KCR except for use by the City of Bremerton Parks Department for park
purposes. No further grants, license, easements or conveyances of this property will
be made, which would interfere with the license hereby granted to KCR. During the
term of this license, KCR is responsible for the maintenance, insurance and general
upkeep of the parking facility.
B. In the event KCR conveys the Smith School parcel to any other entity, the written
consent of the City must be obtained in order to continue the licenses and agreements
contained herein, provided that the City's consent shall not be unreasonably withheld
the event of a conveyance to a successor non-profit entity performing or providing all
or substantially all of the same services as provided at KCR at the Smith School site.
C. Prior to the City's signing this Memorandum of Understanding & Grant of License,
KCR shall provide a Certificate of Insurance to the City's Risk Manager verifying the
following coverage: a comprehensive general liability ("CGL") policy providing
coverage of at least $1,000,000 and including bodily injury and property damage
relating to injury or damages on parcels A and B. The policy shall name the City as
an additional insured and shall remain in full force and effect and provide coverage
for the full term of this Memorandum of Understanding & Grant of License. KCR
shall provide the Risk Manager with 30 days written notice of any cancellation or
change of coverage. The licenses contained herein shall terminate upon cancellation
or other loss of this required insurance coverage.
D. KCR shall be solely responsible for the acts and failures to act of its personnel which
arise in any way out of its performance of this Memorandum of Understanding &
Grant of License. KCR agrees to defend, indemnify and hold harmless the City and
its officials and employees from and against all liability, loss, damages and expenses,
including costs and attorney's fees, resulting from actions, claims and lawsuits arising
or alleged to have arisen, in whole or in part, out of or in consequence of the acts or
failures to act of KCR, its employees, its subcontractors, its agents or its assigns in the
performance of this Memorandum of Understanding & Grant of License. The City
and KCR have specifically negotiated KCR's waiver of its immunity under Title 51
RCW, which is hereby waived for purposes of KCR's indemnification and hold
harmless of the City, including the duty to defend. This provision shall be
inapplicable to the extent such action, claim or lawsuit arises or results from the acts
or failures to act of the City and it employees or agents.
The City shall be solely responsible for the acts and failures to act of its personnel
which arise in any way out of its performance of this Memorandum of Understanding
& Grant of License. The City agrees to defend, indemnify and hold harmless KCR
and its officials and employees from and against all liability, loss, damages and
expenses, including costs and attorney's fees, resulting from actions, claims and
lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence
of the acts or failures to act of the City, its employees, its subcontractors, its agents or
its assigns in the performance of this Memorandum of Understanding & Grant of
License. KCR and the City have specifically negotiated the City's waiver of its
immunity under Title 51 RCW, which is hereby waived for purposes of the City's
indemnification and hold harmless of KCR, including the duty to defend. This
provision shall be inapplicable to the extent such action, claim or lawsuit arises or
results from the acts or failures to act of KCR and it employees or agents.
-2- 2'0
E. KCR and the City shall comply with all applicable Federal, State and local laws in
performing their obligations under this Memorandum of Understanding & Grant of
License.
F. This Memorandum of Understanding & Grant of License may only be modified by
written instrument signed by both parties.
G. Failure to enforce any provision of this Memorandum of Understanding & Grant of
License shall not be deemed a waiver of that provision. Waiver of any right or power
arising out of this Memorandum of Understanding & Grant of License, shall not be
deemed waiver of any other right or power.
H. This Memorandum of Understanding 8,: Grant of License and its Exhibits constitutes
the entire agreement between the parties, and the parties acknowledge that there are
no other agreements, written or oral, that have been set forth in the text of this
Memorandum of Understanding & Grant of License.
I. Should any part of this Memorandum of Understanding & Grant of License be found
void, the balance of the Memorandum of Understanding & Grant of License shall
remain in full force and effect.
J. This Memorandum of Understanding & Grant of License shall be interpreted
according to the laws of the State of Washington. Any judicial action to resolve
disputes arising out of this Memorandum of Understanding & Grant of License shall
be brought in Kitsap County Superior Court.
City of Bremerton
Kitsap Community Resources
3
ORDINANCE NO.
WHEREAS, the City of Bremerton owns certain legal properties which
have been utilized by the City of Bremerton and its
citizens for parks, play fields, open spaces and
recreational activities: and
WHEREAS, the availability of such parks, play fields, open spaces
and recreational facilities enhances the quality of life
and economic viability for all the citizens of Bremerton;
and
WHEREAS, the citizens of the City of B~emerton wish to ensure that
all possible measures are taken to protect and ensure the
permanent use of the City of Bremerton parks, play fields,
open spaces and recreational facilities for their intended
uses;
NOW THEREFORE the City of Bremerton does ordain as follows:
1. This ordinance shall be known as "The Ordinance Providing
.~- Protectio~ For Bremerton's Parks, Play Fields, Open Spaces and
Recreational Facilities".
2. The following commonly known parks of the City of Bremerton
shall fall under the provisions of this Ordinance:
1. Warren Avenue Play Field
2. Kitsap Lake Park
3. East Park (Pool YMCA Area)
4. Blueberry Park
5. NAD Upper Park
6. NAD Marine Park
7. Evergreen Park
8. East Park Nature Area
9. Stephenson Canyon
10. Lions Field
11. Forest Ridge Park
12. Kiwanis Park
13. Roosevelt Field
14. Sheridan Lower Area and Lent Lane
Sheridan Community Center
15. Smith Play Field
16. Manette Play Field and Senior Center
17. SR 3 Park
2.1 The City Council may, by a simple majority of ~hose present,
add any parks lands to the list above. Any additions made by
the Council would fail under the full provisions of this
ordinance.
3. The following procedures shall apply to the sale, possible
sale, lease or significant change in use of any or a part of any
of the above mentioned park lands. A significant change in use
shall mean any activity which does not compliment or support a
recreational activity.
3.1 The Parks Board of the City of Bremerton shall be consulted
and provided all details concerning any proposed sale, lease or
significant change in use. The Parks Board shall prepare an
advisory report, and submit it to the City Council and Mayor.
3.2 The City. Council shall hold a minimum of two public hearings
concerning the matter, in addition to other statutory hearings.
3.3 In case of a proposed sale, the City Council at ~ minimum
shall evaluate the Parks Board advisory report and must develop
findings and conclusions to support declaring the park"s asset in
question surplus, prior to concluding any sale. A surplusing
declaration means =ha= the park's asset is no longer suitable for
use as a Dark, play field, open space or recreational activ±ty by
the Bremerton community.
3.4 In the case of significant change in use or lease, the City
Council at a minimum shall evaluate the Parks Board advisory report
and must develop iindings of fact concluding the signiiican= change
in use, or lease to be in the best interest of the Bremerton
community.
3.5 A unanimous vote of =he full Council membership is necessary
to sell any of =he Dark assets described above or to significantly
change their use.
3.6 In the absence of a unanimous vote to sell, or as an
alternative to meeting the criteria of Section 3.3 or 3.4, the
Council may, by a simple majoriuy of those present, refer the
matter to the voters at the next scheduled election, or by calling
a special election pursuant to law.
4. The City oi Bremer=on shall take such 'action as may be
necessary, including legal ac=ion ii required, to restore the City
of Bremerton full title and ownership o~ the City of Bremerton
park,'play field, open s~ace or recreation facilities named herein
which have-been sold, transferred or conveyed within one year prior
to the e~fec=ive date of this Ordinance.
5. In =he even= that any portion of this Ordinance should be
declared invalid by any court of competent jurisdiction, such
invalidity shall no= affect the validity of this Ordinance as a
whole or part =hereof other than the part so declared to be
invalid.
6. This ordinance shall become effective upon passage and
certification of the ballot results by the County Canvasing
Board.
APPROVED by the City Council on the first reading this
day of , 1989.
PASSED by the City Council of the City J~ Bremerton this
day of 1989..--"
,/
/ SPENCER HORNING, Presiden~
/~ Bremerton City Council
APPROVED this / day of
1989. /
/
GENE LOBE, Mayor
ATTEST:
Pu~lilhed:
TO: Kathleen McCluskey
FROM: Cris Gears
RE: Smith School
DATE: March 8, 2000
At its regmlarly scheduled meeting of February 22, 2000, the Bremerton Parks and
Recreation Commission reviewed a proposal from Larry Eyer, Executive Director of
Kitsap Community Resources (KCR) regarding the acquisition of Smith School by his
organi?~ation.
This matter was brought before the Commission because the Smith School Playfield (on
property adjacent to the school building) is designated as public park property and is
governed by Ordinance No. 4283, the City's Parks Protection ordinance.
After thorough discussion, the Commission voted to recommend that the City proceed
with the proposed transfer of ownership of the school building and the property
immediately adjacent to the building, with two caveats:
1. At least a portion of the funds received from KCR should be dedicated to park
improvement projects to compensate for the loss of any park property adjacent to
the school; and
2. There should be a restriction on the deed that would allow the City to regain
possession of the property for use as public park land in the event KCR abandons
the site in the future.
I understand that your department will move this proposal forward for Council action.
Please feel free to contact me [fi can be of further assistance.
CITY OF BREMERTON
PARKS & RECREA TION DEPAR TMENT
PARKS & RECREATION COMMISSION MEETING
Minutes of February 22, 2000
Sheridan Park Community Center
680 I, ebo Blvd., Bremerton, IfA 98310
ATTENDANCE: Barry Cook, Chairman,; Susan Bell, Wanda Butler, Russ Johnson
and Carol Johnson
ABSENT/EXCUSED: Lonnie Dawson, Nick Garguile, Sr., Doug Groneman and Charles McWhorter
AUDIENCE: None
GUESTS: Jeanni Johnson, Kathy Hailman, Doug Millard, Larry Smith, Dennis Michael
STAFF: Cris Gears, Dir., Parks & Recreation; Jodi Wroblewski, Asst. Director
of Parks & Recreation, Becky Lorber, Recreation Coor. II, Barbara Forbes, OA
I. CAI,I, TO ORDER: Chairman Barry Cook called the meeting to order at 5:36 p.m.
II. AGENDA: No comments from Commission or audience regarding proposed agenda.
IH. ITEMS FROM TFIE. AUDIENCE: None.
IV. APPROVAL OF MINUTES: M/S/U (R. Johnson/W. Butler).
V. NEW BUSINESS:
a. Olympic Soccer & Sports Center (OSSC) Proposal for Indoor Soccer Facility
Cris Gears informed the Commission that OSSC had approached Kitsap County over a year ago
with a proposal to build a soccer facility, and that they now wished to present a proposal to build a facility.
within the City's limits. Larry Smith and Dennis Michael from OSSC presented a proposal to the
Commission to build and maintain an indoor soccer facility to be used year-round at Pendergast Regional
Park. The City of Bremerton would not be responsible for any out-of-pocket expenses. Funds will be
raised privately. Mr. Smith informed the Commission that there is a great need for fields due to inclement
weather. Facility will be open to the public at a reasonable rate. The proposal also calls for OSSC to
provide blocks of time to the Parks Department in lieu of lease payments. OSSC closed their presentation
by notifying the Commission that they would like to keep everything local. After some discussion, the
Commission liked the concept of the proposal, but raised some concerns such as the legality of a 30-year
lease, potential parking problems, RV capabilities, possibility of continuing/completing the project if the
contractor backs out, and other risk management issues that would need to be addressed by City staff.
With this in mind, the Commission unanimously gave their support to bring the proposal before Cit~'
Council. (M/S/U W. Butler, C. Johnson)
b. Economic & Comm. Dev. (EDC) Proposal for Anderson Community Garden & Park.
Jeanni Johnson presented an update on the Anderson Cove Project, which the Parks Department
will acquire once it is completed. The City had allocated funds to demolish and clean up this site to
improve the area's physical appearance. City Council approved the allocation of funds due to the high
volume of911 calls from the area. Some of the improvements have decreased the code enforcement calls
by more than half. In an effort to increase home ownership in the area, the City has provided landlord
training and more policing. Master Gardeners are also involved in the effort by educating the community.
by providing on-site workshops to teach different gardening practices. The current proposal is to provide
residents with the skills to take care of the area with a little assistance from the Parks Departmer/t. The
Commission endorsed the project. (M/S/U R. Johnson, C. Johnson)
c. Proposal for Kit.sap Community Resources (KCR) to Purchase Old Smith School
Building
Larry Eyer, executive director of Kitsap Community Resources (KCR), informed the
Commission that their group is a non-profit social service organization that assists low-income people.
Some of their services include Head Start, early child education programs, housing, homeless services
and many community volunteer programs. KCR has made many improvements to the building over the
last 20 years. They would like to purchase the building and adjoining property. KCR is willing to offer
$150,000 for the building and lot. Clarification is needed to establish if this property is considered "park
land". Commission agreed if the building is not considered park property, then the Commission has no
authority over building. If the proposed site is designated as park property, then the Commission hopes
that a portion of funds would be designated to the Parks Department. With one vote in opposition, the
Commission approved the proposal with a caveat that if for some reason KCR decided to vacate building,
then it would revert back to City property. (M/S B. Cook, S. Bell)
d. Discussion: Should new Recreation Center be considered "park land"?
Mr. Gears indicated that if a wedding party wishes to hold a reception at the facility, they
wouldn't be able to serve champagne if the property is designated under "park land". The group agreed
there was no need to make a decision tonight, but it would have to be addressed in the future.
VI. STAFF REPORT:
Manette Playtield - Except for a little clean up, the project has been completed.
Warren Avenue Playfield - Bids are due out soon to reconstruct grass area and field drains.
Evergreen Park - Phase II of the project is moving forward. Opened bids for the demolition of
the existing buildings. The lowest demolition bid came in at $60,000 with the contractor to take the
concrete to recycle.
Lent Landing - Hope to have a major portion of the project completed by the end of spring.
Pendergast Lighting - County came up with their share of funding for the lights. Cost of lights
has been reduced from $650,000 to $550,000 without changing the project. The State will come in with
$150,000. The County is coming in at $200,000. The City is contributing $160,000 from the hotel/motel
tax fund. Local organizations have donated $10,000. Ace Paving has also donated $25,000, and the Sea
Bees have donated 800 hours of labor.
Gold Mountain Club House- Changed architects since the previous contractor was not working
out. The new contractor, Steve Myrvang Architects, will use the preliminary designs. Hope to open
sometime in the spring of 2001.
VII. COMMISSIONERS' COMMENTS AND QUESTIONS: None.
VIII. Executive session to discuss real estate acquisition.
IX. ADJOURNMENT. Meeting was adjourned at 7:37 p.m.
RESPECTFULLY SUBMITTED:
KITSAP COMMUNITY
A Community.~tion Agen~ creating opportunities forpeopIe in need.
November 12, 1999
Ms. Kathleen McCluskey
Director of Administrative Services
City of Bremerton
239 4th Street
Bremert. on, Wa. 98337
Dear Kathy,
As per our earlier discussions, Kitsap Community Resources has been successful in securing state
funding to purchase the buildings at 1201 Park Avenue on property that was formerly the Smith
School from the City at a price of $150,000.
This seems to be a win-win situation for both the City and KCR. KCR (previously KCAP) has been
renting the buildings from the City for a dollar per year for 25 years. We have assumed full
responsibility for facility operating costs such as maintenance and utilities (now about $60,000
annually) and have invested another approximately $1.5 million into the facilities in capital
improvements. Sources of these capital funds have included previous state community services
facilities funds, Kitsap and City CDBG funds, federal Head Start funds, KCR revenues from
performance-based contracts, and donations from several private foundations and individuals.
The City will benefit by gaining an immediate extra $150,000 cash and ~vill no longer have ultimate
responsibility for the facilities. KCR will benefit by having long-term control to provide social
services to areas residents in the future and "assets" that can be shown to potential funders for
projects in the future.
Please let me know if you need any further information.
Sincerely,
rryEy r
Executive Director
802 7th Street Bremerton, gYg, 98337-1512 360-478-2301 Fax 360-415-2706 www. kcrorg
4' CYCLE FENCE
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I
~t~F~D& BILL
BRF~E~.TON C'rTY COUNCIL
1. SUBJECT: Acceptance of FOR AGENDA OF: July 19, 2000
Washington Traffic Safety ORIGINATING DEPT: Municipal Court
co~mission Probation Start-up ORIGINATOR: Judqe Docter
Grant and authorizing Budget DATE SUBMITTED: July 12, 2000
Adjustment 00-15
2. CLEARANCES: (comment on back 3. EXHIBITS:
,a -Award Letter
if ne fy) /~ /y -Budget Adjustment No. 00-15
City Attorney //~/~/~~
Ac~in. Services ~. ~.-~O~'^~ ~ -Administrative Services 0rganizatior
;~. ~' ~ . ~~_~,,,,/ Chart
, -Support Memo
ENDORSEMENT INFORmaTION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
MAYOR -COUNCIL PRESIDENT ~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
This year the Misdemeanant Corrections Association awarded the Municipal
Court a one time Probation Start Up Grant for $25,000 from the Washington
Traffic Safety Commission for one probation officer for one year. In order
to take advantage of the funding which is allocated throughout twelve months,
the City must fund the remainder of the position at $30,000. The Court is
requesting that City Council authorize the position of probation officer and
additional funding of $30,000 to fund one FTE for twelve months.
8. RECOMMENDATION: TWO MOTIONS:
1) Move to approve acceptance of the Washington Traffic Safety
Commission Probation Start-up Grant for $25,000 to hire a probation officer.
2) Move to approve Budget Adjustment 00-15.
9. RESPONSIBLE OFFICIAL: Municipal Court
ENFORCEMENT OFFICIAL: Municipal Court
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED [~DED
COUNCIL DIRECTIVE: DATE:
2. CI.EARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont.):
5. IMPACT ON NON-PASSAGE:
No probation officer.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES
N/A
7. RESEARCH SOURCES:
3o
July 7, 2000
The Honorable James Docter
Bremerton Municipal Court
239 4th Street
Bremerton, Washington 98337-1875
RE: Washington Traffic Safety Commission-Probation Start Up Grant
Dear Judge Docter:
It is with great' pleasure to inform you that the Misdemeanant Corrections Association
has. awarded the $25,000 grant to your court.
We sincerely apologize for the long delay in making this award, but you are aware of
most of the reasons for this delay. We will be asking WTSC to extend this grant
probably to August of 2001.
Considering the delay, we may decide to forego the typical hiring process if you know of
a qualified interested individual who could step in and fulfill the requirements of a
probation officer. We will discuss this and any other administrative matters on an
ongoing basis.
So, congratulations on your successful attempts to finally get an official probation
service for your court. I trust this endeavor will be a successful one. As always, MCA is
ready and willing to provide any kind of technical support you may require.
Warm regards,
MISDEMEANANT CORRECTIONS ASSN
Deborah M. Yonaka, Chair
Technical Services Committee
CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
Requesting Department: MUNICIPAL COURT Adjustment Number: 00-15
I Approval Authority Required:
[-ITreasurer r-]May°r r- Fiscal & Budget l-~Council
SOURCE OF FUNDS: USE OF FUNDS:
Description Amount Description Amount
Beginning Cash 8,000 Probation Officer Position 16,000
Grant Revenue 8,000
16,000
NARRATIVE:
This adjustment authorizes an additional full-time position in the Municipal Court effective September 1, 2000,
and the related expenditure authority.
Department Head Sil~nature Date Director Sii~nature Date
Treasurer Comments:
~ Recommended ~ Not Recommended
Treasurer's Signature
Mayor Comments:
~ Recommended ~ Not Recommended
~ Approved ~ Denied
Mayor's Signature Date
Fiscal & Budget Committee Comments:
r----i Approved r---1 Denied
Fiscal & Budget Committee Signature Date
CITY OF BREMERTON
ADMINISTRATIVE SERVICES
PERSONNEL COST CALCULATION
PROPOSED POSITION TITLE Probation Officer
SALARY/HOURLY/RANGE Wa~ie Grade 12, Step c
HOURS OF WORK PER DAY AND PER WEEK
FICA RATE 0.0765
PENSION RATE 0.0460
W.C. RATE 0.6000
L&I RATE 0.0288
MEDICAL DENTAL RATE 5,363
STANDARD INSURANCE RATE 0.0000
CLEANING/CLOTHING ALLOWANCE 0.0000
DEFERRED COMP RATE 0.0000
INSURANCE PREMIUM 0.00
CLEANING/CLOTHING 0.00
HOURLY RATE/SALARY 17.28
HOURS OR PAYPERIODS 2,088
BASIC SALARY 36,081
DEFERRED COMP 0
F.I.C.A. 2,760
PENSION 1,660
WORKERS COMP 1,253
L&I 60
MEDICAL/DENTAL 5,363
INSURANCE PREMIUM 0
CLEANING/CLOTHING _0
TOTAL 47,177
NUMBER OF POSITIONS 0.333
TOTAL PERSONNEL DIFFERENCE 15,710
PENSION L&I
.0460 PERS ELECTED & MGMT $1.98 PER PAY PERIOD
.0618 LEOFF I LEOFF I & EXEMPT 0
.0373 LEOFF II ALL OTHERS $.0247/HOUR
INORKERS COMPENSATION STANDARD INSURANCE
.11 WHITE COLLAR POLICE LEOFF II $10/MO
.40 FIREFIGHTERS FIRE LEOFF II $25/MO (Disability Insurance)
.45 LAW ENFORCEMENT POLICE MANAGEMENT LEOFF II $12.50/MO
.60 OTHER
CLEANING/CLOTHING ALLOWANCF
POLICE MANAGEMENT CLOTHING $425/YEAR
POLICE MANAGEMENT CLEANING $300/YEAR
MEDICAL/DENTAL CLOTHING ALLOWANCE $475/YR
5363 NON-UNIFORMED CLEANING $300 POLICE
5983 UNIFORMED CLEANING $335 NON-UNIFORMED
CLEANING $250 FIRE
DEFERRED COMP
MANAGEMENT 4%
POLICE 2%
FIRE $113/MO
~ JAMES DOCTER, JUDGE, Municipal Court
239 4th Street · Bre~nertom WA 98337 · (360) 478-5260
MEMORANDUM IN SUPPORT OF NEW POSITION FOR BMC: EVALUATION
AND SUPERVISZON SERVICES FOR COURT ORDERED PROBATION
The Honorable Lynn Horton, and October 8, 1998
Honorable Members of the City Council
Probation Objectives
Courts of Limited Jurisdiction, including Bremerton Municipal Court (BMC), handle
relatively minor crimes. They possess the ability to punish violators for up to 90 days in
jail and $1000 for simple misdemeanors, and up to 365 days and $5000 for gross
misdemeanors. The theory and practice in all such courts is to impose some jail time,
depending on the offensiveness of the defendant's conduct and his criminal history, and
require treatment in hopes the individual will not reoffend. Failure to enter treatment
or commission of new crimes results in the imposition of additional jail time. Courts
have continuing jurisdiction for a two year "probation" pedod to enforce compliance
with treatment and law abiding behavior.
The focus on treatment reflects a recognition that in the majority of cases, some well
directed education can help keep offenders from violating again. Most criminal behavior
is accompanied and contributed to by the abuse of, addiction to or dependence on
alcohol and/or drugs, difficulty controlling anger, intimidation, power and control over a
domestic partner or other family member, mental health issues, or a combination of
these factors, all of which can be addressed by treatment agencies. We rely on
effective treatment programs to reduce recidivism, protect our citizens and save court
time and expense; in short, to reduce crime.
Bremerton's Probation Department
A few years ago, BMC implemented a treatment monitoring system in lieu of a
probation officer, which works in the following manner: At sentencing an offender is
ordered to enter treatment as soon as possible, but no later than a date selected in
court (usually 30-45 days later). If the court has not received proof the offender is
participating in treatment by the selected date, the offender must appear in court to
explain to the judge why he/she has been unable to enter treatment. Also, if an
offender who has entered treatment falls out of compliance, he/she is summoned to
appear in court to explain why. These hearings are held each week with around 35-45
cases/week.
It's the probation clerk's responsibility to monitor compliance by reviewing monthly
treatment reports and entering them into the computer. In the case of noncompliance,
the clerk summons the offender to court.
· Equal Opportunity Employer ·
.~ OF /iA,z.
Shortcomings in the Bremerton system:
While its true some individuals can be relied upon to faithfully follow through with the
court's order, locate a treatment agency, enroll in the program, pay for it and actually
show up for each class, there are many who can't. Some non-compliants don~ have the
money, transportation, education or other wherewithal necessary to find the treatment
agency on any regular basis, if at all. Others may have the ability but lack the resolve.
Tn either case, its left up to the judge to listen to the multitude of explanations, some
with merit, others without, to decide, in the midst of a crowded calendar, what course
of action is best to facilitate getting this individual into treatment. ! cannot interrupt
court to attempt to verify the claims of attempts made or explanations for failure. !
often try after court, but T usually can only leave messages asking the treatment
provider, or funding source to contact me about the individual. Invariably it takes days
to follow up on an individual case. This is not good use of a judge's time.
This approach presumes the judge can scare an offender into treatment with the threat
of jail time. This is flawed for various reasons. First, I can't get them into jail, and even
if I could T've got no way to transport them from court. Second, ! don't want them in
jail, T want them in treatment. Third, for the cost of jail time, the city is better off
paying for treatment, instead of paying to punish them for failing to get into treatment.
Generally I am compelled to reset the hearing, and send them back out to continue to
try to get into treatment. Finally, after several unproductive hearings, I still only have
the threat of jail time. If I could get them into the jail, I could incarcerate the failures to
comply for 60 days, at the cost of $3420 for each one (each jail day costs us $57/day).
Only 15 offenders serving 60 days costs us a probation officer's salary, benefits and
supplies.
The Bremerton system currently works well only for those who are compliant.
BENEFI'rS OF EVALUATZON AND SUPERVTS:[ON SERVZCES
Treatment Facilitator:
This position is essential to facilitate compliance, especially for problematic, resistant or
slippery offenders. These would be the primary focus of Supervision Services(SS). SS
would actively coordinate with DSHS, Kitsap Mental Health, the treatment provider and
the offender, offering guidance and support to those who need it, and keeping close
track of those who drag their feet. SS can perform this function more efficiently and
inexpensively, keeping closer supervision than can the judge from court.
SS would be in a better position and better trained to evaluate the most beneficial
treatment needed by a particular offender. This is accomplished through close one on
one interviews and background checks. The judge usually has very limited exposure to
a tight lipped offender standing before him at sentendng, and is in a poorer position for
deciding the proper program to require.
Closer Supervision of Offender:.
In addition to jail Ume, each offender may be court ordered to: pay fines; be evaluated;
attend treatment, AA meetings, DUI victim's panel; not drive or only drive vehicles with
an ignition interlock device installed; have no contact with the victim; pay restitution to
the victim(s); commit no law violations, among other conditions, The court is
responsibl~ for verifying that each offender is complying with every condition imposed.
This protects the community, holds the offender accountable, and helps protect the City
from liability.
! am convinced we would have better success getting and keeping offenders in
treatment with a full time treatment facilitator and supervisor. An offender who knows
he's being closely supervised maintains compliance better than one who knows he's
not. ]~t is well accepted in the cdminal justice community that a well supervised offender
in treatment, or one who has successfully completed treatment is less likely to commit
new cdmes, and is less of a threat to our citizens. ! look forward to the opportunity to
discuss this important issue with you. Thank you f~r~ur time and consideration.
//,~mes Docter, Judge
~ 2370~]~hlimhi,mg a Law investigating the sudden, legislative solution, and cities will be
F.~orcement Study unexplained deaths of children called upon to participate in the
This bill would have authorized a under age three. Counties would resulting interim work group on this
study of law enforcement needs tn have been reimbursed for the costs issue.
counties with populations of more of autopsies for investigations that
than 150,000 to be coordinated by followed the protocol. I-IB 2898/SB 6191--Relating to
the Washington Association of Court Reform
Sheriffs and Police Chiefs. The goal '/~..,~/~ / 'kPk Law This legislation attempted to
of the study was to recommend / _~t~ address the issue of uneven
ideas for cost effective, and ~i ~
collaborative law enforcement 6~ [ workload In the court system by
service delivery. In addition, those \ making all full-time municipal and
\~,~X district court judges superior court
doing the study were directed to 5t eer, Judges and authorizing the presiding
obtain information from law races judge to allocate the caseload among
enforcement entities within counties dt in all the judges. To address this issue,
that have inter-local agreements .......... r~ ~, muuc~ous mischief the Board of Judicial Administration
Joint specialty service units, and in the first degree, and malicious at the Office of the Administrator of
other cooperative arrangements, mischief in the second degree, the Courts will establish an interim
WASPC was directed to work with workgroup which will concentrate
the Office of the State Auditor and I'IB 2?lS---Probat/on Liability on workload issues and ways to help
the Legislative Evaluation and I-lB 2715 was an unsuccessful effort small courts through mentoring,
Accountability Program. to draft a bill that limits the liability advisory groups, and other technical
of city and county probation assistance.
SI'IB 24?4--Allowing Pro Se departments for the dangerous acts
Attorneys' Fees ill Civil of probationers under their H~ 2913~Responsibilities of
Action~ supervision. The Supreme Court the State and Local
SHB 2474 would have entitled pro decision in Hertog v. City of Seattle, Governments for Criminal
se litigants to an award of attorneys 979 P2d 400 {1999), significantly Justice Colfla~
fees when a civil case or defense is extended the liability of cities and I-lB 2913 would have shifted some
frivolous, the case was brought counties for the acts of criminal responsibility for criminal Justice
without cause, and the fees would defendants while under supervision costs to the state for prosecution,
have been awarded to a represented in a misdemeanor probation or adjudication, sentencing and jarl
party. The compensation would have pretrial release program. This bill costs for misdemeanor and gross
been based on the prevailing local attempted to fix the problem by misdemeanor offenses when
hourly rate for that area of the law providing that cities, counties or referred from state law enforcement
and usual number of attorney hours other local government entities that agencies. If local government
required for that type of case. provide probation services will not resources or facilities were used, the
be held liable for civil damages for state would have been required to
SHB 2476--Investigat/ng providing services unless the act or compensate the respective local
Deaths of Children omission constitutes gross government according to the terms
This bill would have required negligence. The bill also authorized of a contract or lnterlocal
training for death investigators, the Washington State Law and agreement.
county law enforcement, and Justice Council to develop continued
emergency medical personnel to standards for pre-conviction and
specifically include a protocol for post-conviction probation servlces
by October l, 2000. It has been a
high priority for AWC to help the
various interest groups agree on a
AGBI~DA BI?.?.
B~~N C~'~¥ COU~CIn
1. SUBJECT: Ordinance #. FOR AGENDA OF: July 19, ~000
relating to appointment of ORIGINATING DEPT: Municipal Cou~)l /
judges pro tempore and amending ORIGINATOR: Judge Docter
BMC Section 2.62.040 DATE SUBMITTED: July 12, 20~
2. CLEARANCES: (comment on back 3. EXHIBITS:
if necessary)
t~ Ordinance
Admin. Svcs. House Bill 2774
City Attorney
Fiscal/Budge
Operations
MAYOR ~ENDORSEMENT ~ ~.F O~~O N . APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT ~ ~~-~
4. SUMMARy STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
House Bill 2774 relating to appointment of judges pro tempore for
municipal courts was passed by the State Legislature during the 2000
session. This bill transferred the authority to appoint judges pro
tempore from the Mayor to the presiding municipal court judge. It also
declared that judges pro tempore do not have to reside in the city or
county in which the municipal court is located. In order to be
consistent with state law, the Bremerton Municipal Code Section 2.62.040
needs to be amended.
8. RECOMMENDATION:
I move to approve on first reading an ordinance designating the
presiding municipal court judge as the official who appoints judges pro
tempore of the court and amending Bremerton Municipal Code Section
2.62.040.
9. RESPONSIBLE OFFICIAL: Municipal Court Judge
ENFORCEMENT OFFICIAL: Municipal Court Judge
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED~~__
COUNCIL DIRECTIVE: DATE:
2. CLEARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont.):
5. IMPACT ON NON-PASSAGE:
Bremerton Municipal Code will remain inconsistent with state law.
6. IMPACT ON STAFFING, BURETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES
N/A
7. RESEARCH SOURCES:
ORDINANCE
AN ORDINANCE designating the presiding municipal court
judge as the official who appoints judges pro tempore of the
court and amending Bremerton Municipal Code Section
2.62.040.
WHEREAS the Legislature of the State of Washington passed House Bill 2774
relating to appointment of judges pro tempore and amending RCW 3.50.090 to take
effect June 8, 2000;
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Amendment. Section 2.62.040 is hereby amended to read as
follows:
2.62.040 JUDGES PRO TEMPORE, COURT COMMISSIONERS - HEARING
EXAMINER '~- "" "---" '-: '- ' h~d th ---: :-- -~: ....
* I1'1~ IIIg.~ut gllgllI IIUIII ~I%I. MI-I I~.~g ~,~MG[IIi~---~ [U ~ ~1~1~1~,1~1 I VI JM~.~J~I;~ ~
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: ................ :.,..~: .............. ,~:... :..~.~..,~...: ~.<..~.:F.....::..:.:~:~.=~.+=..<::.....?.!~.:.:~..:....:.-..:::.:.~<:!::.::~.:.:~:~.::.:.:.:>,~:.:.:,,:,~. ~:.~+:.~.~.~.~?:::.:.:::,-~.....:.:.~::.:.:::.:.:~.,~.~).... ~;-~!::~:.~y...f~A.-':::::~-. -.:
iii i i iiiii ii!i iiii iiii A judge pro tempore of Bremerton Municipal Court shall
receive a sala~ for each hour in which the judge pro tern serves at a rate equivalent to
the hourly salan/of the Bremerton Municipal Court Judge. The municipal court judge
may appoint one or more court commissioners under RCW 3.50.075.
To utilize the services of judicial officers of the court for the purpose of hearing
contested matters relating to the interest of the City and its citizens and the operation of
the various departments of the City, the office of hearing examiner is created in the
municipal court.
Section 2. Effective Date. This ordinance shall become effective ten (10) days
from passage and publication.
APPROVED by the City Council of the City of Bremerton this ~ day of
,2000.
PASSED by the City Council of the City of Bremerton this ~ day of
,2000.
CAROL ARENDS, Council President
APPROVED this ~ day of ,2000.
LYNN HORTON, Mayor
ATTEST:
KATHLEEN McCLUSKEY, City Clerk
H-3977.1
HOUSE BILL 2774
State of Washington 56th Legislature 2000 Regular Session
By Representatives Carrell, Constantine, Esser, Fortunato, Dickerson,
Mulliken and Edwards
Read first time 01/20/2000. Referred to Committee on Judiciary.
1 AN ACT Relating to appointment of judges pro tempore; and amending
2 RCW 3.50.090 and 35.20.200.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
4 Sec. 1. RCW 3.50.090 and 1984 c 258 s 112 are each araended to read
5 as follows:
6 The ( (mayor -~- TM ~ ~' .... ~' ~ ' --
......... ~, appoint)) presiding municipal court
7 judge may designate one or more persons as judges pro t~ ((w~ho ~hall
8 ~)) to serve in the absence or disability of the ((~)) elected
9 or duly appointed judge~ of ( (a .... ~ ~
......... ~=~)) the court ((~))~
10 subse~ent to the filing of an affidavit of prejudice((. ~= ~'~=s
13 ~)), or in addition to the elected or duly appointed judges when the
14 a~inistration of justice and the accomplis~ent of the work of the
15 court make it necessary. The ~alifications of a judQe pro tempore
16 shall be the s~e as for judges as provided under RCW 3.50.040 except
17 that a judge pro tempore need not be a resident of the city or county
18 in which the municipal court is located. Judges pro tempore shall have
19 all of the powers of the duly appointed or elected judces when servin~
p. 1 HB 2774
I as judges pro tempore of the court. Before enCering on his or her
2 duties, each judge pro tempore shall take, subscribe, and file an oath
3 as is taken by a duly appointed or elected fudge. Such pro tempore
4 judges shall receive such compensation as shall be fixed by
8 of the appointing mayor)) ordinance by the municipality in which the
9 court is located and such compensation shall be paid by the
10 municipality.
11 Sec. 2. RCW 35.20.200 and 1996 c 16 s 2 are each amended to read
12 as follows:
13 The ((~)) presiding municipal court judge shall, from attorneys
14 residing in the city and qualified to hold the position of judge of the
15 municipal court as provided in RCW 35.20.170, appoint judges pro
16 tempore who shall act in the absence of the regular judges of the court
17 or in addition to the regular judges when the administration of justice
18 and the accomplishment of the work of the court make it necessary. The
19 ((mayor)) presiding municipal court judqe may appoint, as judges pro
20 tempore, any full-time district court judges serving in the county in
21 which the city is situated ((m~_ ~...~ .... = ,~ ..... ~._..__~ .....
..... j~ ................. ~ ...... t shall
27 The te~ of office must be specified in writing. While acting as judge
28 of the court~ judges pro tempore shall have all of the powers of the
29 regular judges. Before entering upon his or her duties, each judge pro
30 tempore shall take, subscribe and file an oath as is taken by a
31 municipal judge. Judges pro tempore shall not practice before the
32 municipal court during their te~ of office as judge pro tempore. Such
33 municipal judges pro tempore shall receive such compensation as shall
34 be fixed by ordinance by the legislative body of the city and such
35 compensation shall be paid by the city except that district court
HB 2774 p. 2
1 judges shall not be compensated by the city other than pursuant to an
2 interlocal agreement.
p. 3 HB 2774