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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 ALLEY P~OPOJ NE W . BOUND~ LIN[ £ONCI?F. 7[- WAll 6' BOARL) F?NC! 'N~ , . CYCLONE x/ 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;~ ~ ..... '-': .... '"- " - ::-- j dg , ~..,o, j,.,,.,~ ,~, ,, ,~ ~.,-,, .., ;n odd,t,,~,, t~, th~ " ....... ' ' - ,~,,o, u a .,'h,,~,, th.. ad,~,~ni~t,-at[c,n ,.,~' .......... ':'""-< ................ ='""~: ............ .='~:'= ~.,.~:~..~:~:.~.~?..~?...:~.~:~.~:~=:~:.i~:.::.~.....!*~..::°~>~.~.~:~.~.,..~>~:.~..~!~!~.~:!i.:~:f`~. ............... ='::='='.::"~*:'"='='=':*:'~.*.~!*:::': :':'-'~%".-','~:~ ~-'~:~ ........ · ....................~: ........................ ::::.':::.'::.'::::~:::: :::: :::: :.c:;:::: ¥~.:~.~::.-:!.~:::: :: : :-: ::.:<::~. ::::::::::::::::::::: ~:~¢..-:.:..'.:,:::.:,:.~:.,:.:.:.:o:.~..: ~i~~ii~i~ ~ii~ ~ ~i~!~ii~~~{~ ~. _ .~_ ~ _, .~_ ~.....;~ ~ ~..~[~j~ ~:~:::~i:!:~:~::~::!i{~:~::~:i~?~:<:~::~:i~i~:~;~i~:::::~::~::~::~;:~ ?':~i~:::3~:~'!:-:::: ':::::>.':::::::~::!:::::":!::::~ ::::"'~:~::i~:~::::%' ~':-'"-":~-'''--'' -:<~*.'.".~::.<: ...... ','.. ~.'-':~-':':': ":':~.':':':" :*:':':':':':'.~':':-.-''' '+X':-.':-:-:" ~.-::::~±::<-:+:.:-:->X-~' '.~: ' ' '.:-:-:.:,:- : ................ :.,..~: .............. ,~:... :..~.~..,~...: ~.<..~.: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