EPHRATA CITY COUNCIL MAYOR BRUCERFIM MAYOR PRO-TEM WILLMICOE KATHLFEN MISTOISNKNI MCDONNEL VAII.I MILLARD, MATT MOORE, TONY MORI, MARK W ANKE CITY NDNININIKVIOR MIN! W ARREN AMENDED -AGENDA FOR March 3, 2021- ZOOM VIDEO AEMRDAN/W2STANY OR CALL IN PHONE NUMBER 1-253-215-8782, follow prompts City of Ephrata Meeting ID: 642-397-7833 7:00PM REGULAR SESSION 1. Called to Order 2. Roll Call 3. Pledge of Allegiance 4. Recording of Meeting: No 5. Additions or corrections toj published. Agenda Presentations: Grant County Economic Development Council---Will Coe II CONSENT AGENDA 1. Approval of Claim Fund Bills and Checks Issued 2. Approval ofCouncil Minutes: February 17,2021 3. Approval of Special Event Application: III STAFF.COMMITTEE. & AGENCY: REPORTS BILLS: Allstot, Mora, Coe IV CLOSED RECORD DECISIONS RCWO CHAPTERS36, 42:OPENPUBLICI INPUTN NOTP PERMITTEDI V PUBLICHEARINGS VI ORDINANCES & RESOLUTIONS VII ITEMS FOR COUNCILONSDERATON 1. Law Enforcement Reform Legislation VIII ITEMS FOR COUNCILACTION 1. Division Street Bid Acceptance IX CITY ADMINISTRATOR REPORT BILLS: Allstot, Mora, Coe OurMission.Tol bring continued, orderly growth to Grant Our Vislon.Tol bet the number one resource for business Grant County Economiel Developmentoumel County and promote quality ofl life development ANNUAL MEMBERSHIP MEETING 7:00 AMI Wed, February 17,2021 IVirtual Meeting Annual Membership Meeting Agenda 1) Call meeting to Order. 2) Proof of Meeting Notice.. 3) Certify Quorum. William Coe Dale Pomeroy Dale Pomeroy Dale Pomeroy Juliann Dodds William Coe William Coe William Coe William Coe 4) Approve 2019 Annual Meeting Minutes 5) 2019 Draft Financial Report.. 6) Unfinished (Old) Business.. 7) New Business a. Nominations for Board of Directors. b.E Election of Directors Adjourn. Future Meetings Annual Meeting February 16, 2022 7:00 AMI BBCCATEC (Hopefully) 6594 Patton Blvd NEI Moses Lake, WA 988371 I Phone: 509-764-6579 Our Mission..Tol bring continued, orderly growth to Grant Our Vision..Tol bet the number one resourcet for buslness Grant County Bconomic! Developmant Coundi County and promote quality of life development 2020 Annual Membership Meeting Minutes February 19,2020 Meeting called to order: 7:00a.m. by Dr. Teryl Leas. Proof of 2020 Notice: Secretary Dale Pomeroy certified that there was a proof of notice oft the 2020 Annual Membership Meeting and that a quorum of membership was achieved with 29 proxies in Annual Meeting Minutes for 2019: Dale Pomeroy presented the Minutes of the 2019 Annual Membership Meeting which was held on February 20, 2019. Caralyn Bess moved to accept the Financial Report for 2019:Treasurer William Coe presented the year-end financials for review. There was discussion onl Banner savings transfer funds to meet FDIC limits and future dissolution OfLEAD hand. minutes as presented, and Louis Szablya seconded; the motion passed. account. Old Business: There was no old business for consideration. New Business: President Dr. Terry Leas explained that the executive committee was the nomination committee and presented the slate of new directors for 2020. Theya arel Marvin! Price (2"term private sector), Eric Skaug (2mtermp private sector), Jim McCullough (1"termp private sector), Juliannl Dodds (1*Term private sector), Larsl Leland (1*Termp public sector), Donl Kersey( (1# LeAnne K. Parton moved that the new directors be approved as presented. Caralyn Bess term public sector). There were no other nominations. seconded, and the motion passed. Meeting Adjoumed: at 7:11 a.m. by Dr. Terry Leas. Dr. Terry Leas, President Dale Pomeroy, Secretary 6594 Patton Boulevard NE! Moses Lake, WA 98837/Phone: 509.764.6579 Our Mission..Tobring continued, orderly growth to Grant Our Vision.-Tob bet ther number one resource forl business Grant County EconemieDevelopment Couneil County and promote quality ofl life development Proxy Voting Ballot for ElectionofDirectors: at the Annual Membership! Meeting - 7:00. AM-February1/,2021 There are: seven () open director positions for election and there are seven (7) nominees. The election is for athree (3) year termi from2 2021-2024. Ifyour will notl be present (virtually) for the meeting, please use this proxy tol help us achleve the quorum fort the election. Places anXint the squarei tot thel lefto of each nominee that you wish to votei for: Open Board Position 1 Caralyn Bess, Hagadone Media Open Board Position 2 Lisal Karstetter, Microsoft Open Board Position: 3 Brainl Meiners, Basic Ameriçan Foods Open Board Position 4 Dale Pomeroy, Pomeroy Farms Open Boardi Position 5 Curt Morris, Port of Quincy Open Board Position 6 Scott Freidig, General Dynamic Open Board Positioni 7 Cash Brown, Brown Farms (Second Term) Private Sector (Second Term) Private Sector (Second Term) Private Sector (Second Term) Private Sector (First Term) (First Term) (First Term) Public Sector Private Sector Private Sector Nominations from thet floor will not be accepted and writei in names arel not allowed. Signature: Printed Name: Date: Please retum viai faxt to 509-762-5161 or by email to ebecca@gantedc.comno laterthan 5.:00 pml February 16h 6594PATTONBOULEVABD: NEI MOSESLAKE, MPPSEHMAEAN 11:09 AM 02/12/21 Accrual Basis Grant County EDC Profit & Loss January through. December 2020 Jan Dec 20 280,910.99 25,765.34 54,646.27 361,322.60 361,322.60 161.93 187,804.88 8,654.92 11,636.32 19,431.87 2,490.22 8,970.00 3,232.86 3,819.34 2,735.96 295.74 43,839.06 9,707.07 4,495.39 1,789.58 0.02 8,326.00 (398.20) 20.00 548.97 317,561.93 43,760.67 2,815,946.80 2,674,597.70 141,349.10 185,109.77 Ordinary Income/Expense Income 4028. Membership Dues 4029. SIPI Income 4030. Grant revenue Total Income Gross Profit Expense 5000. Bank Service Charge 6000. Salaries 6010. Insurance 6076. Employee Retirement 6080. Taxes 6500. Automobile 6505-1 TrmimingConferencsDacs 6515- Meals/Enterlainment 6517- Equipment 6525. Supplies 6530- Postage 6535. Professional Fee/Dues 6540. Rent/Utilites 6545. Telephone 6550.T Travel 66900- Reconciliation Discrepancies 7000. Marketing 7075 Trade Shows 7501 Miscelaneous Expense 7502 Merchant Servicel Fees Totall Expense Net Ordinary Income Other Income/Expense Other Income Other Expense Net Other Income Net Income Page 1 11:04AM 02/12/21 Accrual Basis Grant County EDC Balance Sheet As ofD December 31,2020 Dec31,20 ASSETS Current Assets Checking/Savings 1000. Umqua CD-6624 1001 Banner Checking 5426 1002 Banner Saving- 8750 1003. Banner SAW-5434 1004 Banner CARE-5442 1007 GESA Savings- 0825 1008. GESA money market- - 1047 1050. Umpqua Bank 5257 Total Checking/Savings Accounts. Receivable Total Current Assets Fixed Assets TOTAL. ASSETS LIABILITIES &1 EQUITY Liabilities Current Liabilities Total Liabilities Equity 3000. Fund Balance 3900 Retained Earnings Net Income Total Equity 38,254.24 36,245.41 222,815.29 5,000.00 66,790.80 5.00 259,906.35 5,675.00 634,692.09 27,934.00 662,626.09 10,138.67 672,764.76 24,653.28 24,653.28 306,354.38 156,647.33 185,109.77 648,111.48 672,764.76 TOTALLIABILITIES &I EQUITY Page 1 - 33 6 S 39 DATE: February 12, 2021 To: EDCO Officers, Directors & Ex-Officio Directors FROM: Brant Mayo, Executive Director VISION: Economic Prosperity & Quality Growth Grant County MISSION: To work for the continued orderly growth oft the Grant Countyeconomy Eanonk Devale Coundi whilei improving quality of life BOARD OF DIRECTORS MEETING 7:00 AM WED. FEBUARY17,2021 IVIRTUAL BOARD MEETING AGENDA 1) Welcome & Call meeting to Order. .Gregg Fletcher .Dale Pomeroy Juliann Dodds 2) Approve. January 2021 Board Meeting Minutes. 3) Review. January 2021 Financial Reports 4) New Director of Business Retention & Expansion Introduction.mm.B Mayo 5) Report on EDCActivities 6) Unfinished (Old) Business .Brant Mayo/Staff .Brant Mayo a. Grant Updates b. Annual Banquet/Board Retreat a. Board Committee Structure b. New Board Member Orientation. 7) New Business Brant Mayo Brant Mayo Board Members Gregg Fletcher 8) Board Member Round Table. 9) Adjourn.. 2021 FUTURE EDCMEETINGS & EVENTS Board of Directors Board of Directors Board of Directors Board of Directors March 17,2021 April 21,2021 May 19,2021 June 16, 2021 7:00 AM 7:00 AM 7:00 AM 7:00 AM 65941 PATTON BOULEVARD NE MOSESLAKE, WAS 98837 I PHONE: 59,ESPI.6.7536 Our Mission..Tobringe continued, orderly growth to Grant Our Vision..Tol bet ther number onei resourcet for business Grant County Econonicl Development Coundil County and promote quality ofl life development Board of Directors Meeting Minutes January 20, 2021 Meeting called to order: 7:02 a.m. by President William Coe. Directors Present: William Coe, Marvin Price, Dale Pomeroy, Katherine Ryf, Jim McCullough, Don Kersey,Juanita Richards, Gregg! Fletcher, Brian Meiners, Caralyn Bess, Dr. Terry Leas, Louis Directors Absent: Theresa Sullivan, Juliann Dodds, Eric Skaug, Peggy Nevsimal, Lisal Karstetter, Szablya Larsl Leland, Brian! Kuest, Tom Taylor Ex-Officlo Directors Present: Karen Liebriecht, Scott Freidig Ex-Officlo Directors Absent: Darci Kleyn Staff Present: Brant Mayo, Allan Peterson, Rebeccal Nelson Guests Present: Ryan Oster, LeAnne Parton, Charles Featherstone, Danny Wilde, Alicia Deveraux, Board Meeting Minutes for November 2020: Dr. Terry Leas movedi to approve the December 2020 Financial Repart for YTD/June: Brant Mayo discussedi thet financials and stated thatt there weren no findings during the executive committee. The 2021 budget should be on next month's draft Rob. Jones minutes and Dale Pomeroy seconded; the motion passed. financial statements. Report on GCEDC Activities: Alan Peterson discussed that the SBDC has quite af few new clients. Allant talked about the upcoming virtual trade mission and how the beer and winei industry hast taken al hit in Brant Mayo gave updates on1 the Working' Washington and CARES grant programs. Wel have several new projects and continue to get more, and our officel has been! busier Therel have been several meetings pertaining to workforce, the alliance, visit withl BBCC Newsletter willl bec coming out soon and any community/lnvestor news stories are Brant talked about the CHI program and explained the posted new employee job description that is closed. He conducted interviews this week. Several good applicants are Brant provided updates ont the status of the Working Washington and CARES grants status and potential new rounds upcoming, but he cautioned that we have no solid Mexico and. Japan. than itl has ever been. president, department of commerce meetings, etc. welcomed as suggestions. Unfinished (Old) Business: ini this pool. information currently. New Business: 6594 Patton Boulevard NEI IN Moses Lake, WA 98837/Phone: 509.764.6579 Our Mission.Tob bring continued, orderly growth to Grant Our Vislon..Tol bet the number one resource for business Grant County Eoonomicl Development Coundil County and promote quality of life development Executive committee has voted to act as1 the nomination committee as Itl has been ini the Caralyn Bess moved tor replace Tom Taylor with new county commissioner Rob. Jones on Annual meeting elections willl be coming up andi more information to follow. Scott Freidig - new system for General Dynamics tol be ready early February. Brian Meiner - Basic American Food gave ar reminder of the COVID outbreaks and that employees need to remember to practice social distancing and other measures notj jus in the workplace, but outside the workplace to help prevent the spread. Caralyn Bess - expressed how COVID restrictions hurt small businesses. Columbia Basin Heraldhasl been offering free weekly ads tol local restaurants to help promote business in Alicia with SkilISource - talked about employment security still working remotely for now and opening the doors with a couple computers for the public to doj jobs searches. Other resources liket thel library are closed tot the public att this time. Danny Wilde - Live Nation George Amphitheatre! has had at tough year duet to COVID restrictions andi not ablet to qualify for many oft the grants out there. Don Kersey - POM1 talked about the websitel is being updated. Gregg Fletcher -1 focused on the vaccine roll out tot the public! by age and toj peoplet that are Jiml McCullough - more commercial property has been processed this yeart than inp prior Juanital Richards - talked about thei turning point int thel banking industry with lobby restrictions andi more people going toward online banking than before. She also talked about thel heart warming stories oft the BBCC students and their struggles persevering to eam an education. She reminded board members to spread kindness and encourage Karen! Liebriecht -1 thel homeless sleep site opened last Friday; Hope Source manages the LeAnne Parton - explained that the BBCC foundation awards $300,000 in scholarships annually. Shet talked about upcoming scholarship deadlines and encouraged members to past. thel board. Communlty Updates: our community. higher risk duet to other health factors. years. others. site. tell students/people: to apply for scholarships. Meeting Adjoumed: at 8:02 a.m. by William Coe William Coe, President Dale Pomeroy, Secretary 6594 Patton Boulevard NE I Moses Lake, WA 98837Phone: 509.764.6579 Grant County SeadcmntA AMAAhSA mstheA psaarpmaba uonm) 1-0020 1-Nor20 1-00020 1Jan21 1-b21 HMaN21 1-Ap21 1,21 Total Aiboedmnker members usthe bmabe non) DinctonPirae 01-0cta0 01ov20 01-00020 01en21 1-eb21 1-Mara1 1AgN1 Het1 Total chads vblc 11:15A AM 02/12/21 Accrual Basis Grant County EDC Profit & Loss January 2021 Jan21 Ordinary Income/Expense Income 4028. Membership Dues 4029. SIP Income Totall Income Gross Profit Expense 6000- Salaries 6010- Insurance 6005-1 Reimbursed. Health Care Total 6010 Insurance 6076. Employee Retirement 6080. Taxes 6505. TniniyComteenceyDis 6525. Supplies 6535. Professional: Fee/Dues 6540. Rent/Utilites 7000 Marketing 7075. Trade Shows 7502. Merchant Service Fees Total Expense Net Ordinary Income Other Income/Expense Other Income Other Expense Net Other Income Net Inçome 10,717.00 6,250.00 16,967.00 16,967.00 12,860.04 303.50 303.50 878.20 1,841.55 735.00 164.05 3,545.76 1,186.73 120.00 1,275.00 42.58 22,952.41 (5,985.41) 149.82 50,000.00 (49,850.18) (55,835.59) Page 11:16AM 02/12/21 Accrual Basis Grant County EDC Balançe Sheet Asof/amuary31,2021 Jan 31,21 ASSETS Current Assets Checking/Savings 1000. Umqua CD-6624 1001 Banner Checking. 5426 1002. Banner Saving- 8750 1003. Banner SAW-5 5434 1004. Banner CARE-5442 1007- GESA Savings 0825 1008. GESA money market- - 1047 1050.1 Umpqua Bank 5257 Total Checking/Savings Accounts Receivable Total Current Assets Fixed Assets TOTALASSETS LIABILITIES & EQUITY Liabilities Current Liabilities Totall Liabilities Equity 3000. Fund Balance 3900 Retained Earnings Net Income Total Equity 38,318.57 21,149.08 224,342.71 5,000.00 16,790.80 5.00 259,972.84 5,675.00 571,254.00 35,850.00 607,104.00 10,138.67 617,242.67 24,966.78 24,966.78 306,354.38 341,757.10 (55,835.59) 592,275.89 617,242.67 TOTALLIABILITIES &1 EQUITY Page < S d0 - 1 d: 888 do 6 16 888 0 o > 1 Our Mission.-To! bring continued, orderly growth to Grant Our Vision..Tol bet the number one resource for business Grant County Economie Develapmenttounel County and promote quality of life development Director's Report January 11,20201 tol February 5, 2021 Existing Business Development Working Wash Small Bus Grant Update CARES Act Funding Trade Mission Update REC Visit AeroTec Tour Business Webinar Business Recruitment and Attraction Project Zion - Manufacturing - Site visits. Closet to decision. Looking in Quincy area Project Lavender- Technology- Continuing conversation weekly with leadership and Dept of Project Great Dane Manufacturing, submitted sites tol Department of Commerce Project Booster-Dept of Comm asked Grant County for greenfield sites Project Ruby - Agriçulture - Had site visits in Grant County on September 25 and October Project Delta - Aerospace - Had 3 sites visits and several phone calls. Getting closet to a Project Grapevine- Agriculture - Had site visit in Grant County, continuing to visit. Project Moonlight- Food Manufacturer- Project tol be submitted to state Project SuperstarAerospace, submitted package to Department of Commerce Project Kamino- Manufactue/Ppduction Had several calls with site selector Project New FaiconManufacture/Plouction-Submited to the State, hadi follow up to do Project Emerald- Manufacturing and distribution- request from state on properties. Currently Grant County property has been engaged with project Project Tera - Manufacturing - request from the state on possible sites. Commerce 30. Continuing to answer questions on sites decision for the site selector Workforce Development Workforce Alliance Meeting Department of Commerce Meeting Infrastructure Development Calls with PUD on current Projects 6594 PATTON BOULEVARD NEI MOSESLAKE, WAS 98837IPANESDA784-4591FX507655161 Our Mission..Tob bring continued, orderly growth to Grant Our Vision..Tol bet the number one resourcet for business Grant County Economic Development Couneil Department of Commerce SIP Committee County and promote quality of life development Communication and Investor Development Visit with County Commissioner Jones Met Port of Whitman ADO Quarterly Reports Conversation with potential development Calls with Department of Commerce Investortour at Port of ML Visit with President BBCC Newsletter Congressman Newhouse Call WSBDC Weekly Calls WEDA Weekly Calls Samaritan Mission Integration Committee Senator Wamick Call Testify for Bill onl Hemp Producers Meeting with Confluence Healthcare Port of Warden long range planning meeting Interviews for BRE/CHI position Kiwanis Meeting Grant Col Industrial Alliance SBA Weekly Calls ML Resiliency and Recovery Weekly Call Grant County Health District Call Retail and Services Development SBDC10n1A Meetings ReCon Dec. 2021 6594PATTON BOULEVARD NEIMOSESLAKE, WA 198837/PHONE: 974IAIPIS0 CITY COUNCIL MINUTES February 17, 2021 City Council of the City of Ephrata, Grant County Washington met in regular session on February 17,2021. The meeting was called to order at 7:00 p.m. by Mayor Due to the COVID-19 Pandemic and Governor Inslee's Proclamation 20-28, this meeting Members Present: Mayor Bruce Reim, Mayor Pro Tem William Coe, Council Bruçe Reim. isb being conducted remotely using the ZOOM video conferencing. members Mark Wanke, Matt Moore, Valli Millard, Sarah McDonnell, Tony Mora and Kathleen Allstot City Administrator Mike Warren, City Attorney Anna Franz, Public Works Director Bill Sangster, Community Development Director Dan Leavitt, Fire Chief Jeremy Burns, Police Chief Kurt Adkinson, Building Official Bill Cox and City Clerk/Finance Staff Present: Director Leslie Trachsler Pledge of Allegiance was said. No public signed up to speak. This meeting is not being recorded. Agenda: Agenda was amended adding Item #2 to Section VI Ordinances and Resolutions. Presentations: None Motion carried. Consent Agenda: Motion was made to approve consent agenda. (m/s Moore/Wanke) Items on the consent agenda are as follows: Claims #92975 through #93021 in the amount of $99,533.46 Claims #92972 through #92974 in the amount of $356.25 Electronic Fund Transfer in the amount of $21,656.03 Minutes of the February 3, 2021 Council meeting Manual Checks #86022021, 87022021, 88022021 and 89022021 in the amount of $3,403.83 Special Event Applications: None Ordinance 21-02 Amending EMC 14 "Cemetery": Director Trachsler reported that concerns had been raised by cemetery staff and the Nicoles Funeral Home that the Code isn not very clear regarding monument sizing. Administration met with cemetery staff to discuss their recommended changes. They also had additional concerns regarding glass containers, and food items being left on graves, and individuals driving/parking off the Motion to accept and approve Ordinance 21-02 amending EMC Title 14 entitled "Cemetery". (m/s More/Moore) Council discussion regarding signage. Motion carried. Ordinance 21-03 Adding a New Section to EMC 16.04 "Building and Construction": Building Official Cox gave a brief staff report. With the recent changes to the energy code, staffi is requesting Council consider adding the requirement that construction documents for commercial buildings be prepared and reviewed by a registered design professional before submission to the City and that all inspections required by the Washington State Energy Code be performed by an approved agency at the applicant's Motion to accept and approve Ordinance 21-03 adding a new section to EMC 16.04 entitled "Building and Construction". (m/s Coe/Mora) Council discussion ensued regarding the burden energy standards place on construction and how this might impact future commercial development in our community. Six yea, one nay, Motion carried. 2020 4th Quarter and Year End Financial Report: Director Trachsler reviewed the 2020 4th Quarter and End of Year Financial Report. Overall revenues are 5% below budget and expenses are 18% below. As compared to 2019, revenues were 2% higher and expenses 7% lower. Some of the major highlights ofi individual funds are: paved pathway. sole expense. General Fund - revenues finished at 4% above budget and expenses 9% below. Sales tax revenue was 11% higher than in 2019. Each month sales tax revenues set record highs for the same period of previous years. Building Permits exceeded expectations. There were a total of 288 permits issued for the year. Of those 20 were for new homes and 58 were for residential and commercial remodels. This Park Fund - revenues were 40% below budget and expenses 45% below. This is attributed to the pool not opening and the reallocation of property tax to the Street Library Fund - revenues were right on target and expenses were 6% below budget. The re-roofing project has been completed and went very well. Street Fund - Revenues finished at 12% above budget and expenses 14% below. Fuel Tax revenues were 9% below expectation, however the County Shared Fuel Tax was 10% higher. The reallocation of a portion of property taxes from Parks to Streets off-set the shortfall from fuel tax revenues and allowed us to rebuild the includes the two schools being renovated. Fund. Retainage has yet tol be paid. cash balance in this fund. Transportation Benefit District tax dollars exceeded expectation and grew a healthy reserve. This is being used to finance the street Water/Sewer Fund - revenues were 10% above projected and expenses 5% below. Connection fees were up due to the 20 new single family residence permits issued. User fees were 9% over projection even with the suspension of disconnection for non-payment. The number of delinquent accounts saw a 20% increase and the account balances were 48% higher than December, 2019. Overall, the delinquent account balance represents less than 2% of the total projects for 2021. amount billed in 2020. Overall, we finished the year very well. Council discussion ensued. Lease Agreement for Xerox Copy Machine: Chief Burns reported that the lease on their current copier has expired. Xerox is on the State/Local Government Negotiated Contract. Through the state contract this machine will meet the needs of the department Motion to authorize administration to enter Lease Agreement with Xerox for copier. (m/s CStreet Sidewalk Project Acceptance: Director Sangster advised Council that the C Street Sidewalk Project was completed in November. All the final paperwork has been received. The final step is for Council to accept the project so the Notice of Completion Motion to accept the C Street Sidewalk Project as complete. (m/s Mora/Moore) Motion at a lower monthly rate. The lease agreement is for 60 months. Wanke/Allstot) Motion carried. can be sent to the State prior to releasing retainage. carried. City Administrator Report: 1. Council Member term expiration: Administrator Warren advised Council that the following positions are up for election in November, 2021. Mayor Bruce Reim Council member Sarah McDonnell Council member Mark Wanke Council member Matt Moore Election Day is November 2, 2021. Filing period with Grant County Elections is May 17 -l May 21, 2021. General Personal Financial Affairs Statements are a requirement with the Public Disclosure Commission and filing dates are as follows: Within 2 weeks of becoming a candidate Annually by April 15lh for as long as you hold office 2. City crews went back to 8 hour days on Monday, February 15th since the Grant County region moved to Phase 2. Masking and social distancing is being practiced. Staffi is very happy to be back together and working a full day. There being no further business meeting adjourned at 7:42 p.m. Bruce Reim, Mayor ATTEST: Leslie Trachsler, City Clerk DATE: March 3, 2021 ITEM: Items for Council Consideration SUMMARY 1. Law Enforcement Reform Legislation- Update City Council on law enforcement legislation currently under consideration and the potential impact to police department and city operations/finances. BUDGET IMPACTS 1. N/A Staff recommends acceptance and approval of all Items. Motion t0. Authorize, Confirm, or Approve and Accept All ltems. ENABLING ACTIONS lfyou have any questions, concerns, or require additional information; please contact me prior to the meeting. OEEPHRAVA CITYOF EPHRATA STAFF REPORT Mayor and City Council Mike' Warren, City Manager Kurt Adkinson, Chief March3, 2021 Staff Report To: From: Date: Proceeding' Type: Subject: Law Enforcement Reform Legislation Legislative History: Not Applicable First Presentation: Second Presentation: Requested Action: Staff Report Summary Update City Council on law enforcement reform legislation currently under consideration with the state legislature and the potential impact to police department and city operations/ftinances. Discussion/Analysis Not Applicable Staff Recommendation Not Applicable Financial Implications Not Applicable Attachments A. B. C. Washington. Association of Sheriffs and Police Chiefs( (WASPC) "Top Ten" Talking Points (PDF) WASPCLegislativel Briefing (PowerPoint) Columbia BasinH Herald Article Local police chiefe expresses concern, support forp police reform legislation Page 1of1 Washington Association of Sheriffs and Police Chiefs Police Reforms Legislation Messages February 16, 2021 OVERALL MESSAGE We support constructive reforms that support good policing, respect victims, and improve publics safety. Reforms should help and not hurt the recruitment and retention of diverse and accountable peace officers. Solutions focused on large cities do not fit every community. HB1054 - TACTICS House Bill Analysis SHB1054 Fiscal House Bill Report HOUSE Rules Referredi in Rules 2 Review 1/26/21 WASPC Written Testimony SENATE Fiscal Rules Policy Public Hrg: N/A 1/12/21 PASSED 1/22/21 Floor Vote Policy Floor Vote Concurrence Committee Committee Committee Committee Committee Committee Crime victims will have fewer assurances police can quickly apprehend suspected criminals. Removes many opportunities for de-escalation, including use of K-9s for apprehension and neck restraints. Will resulti in officers either allowing a public safety threat to escape or utilizing al higher level of force than otherwise necessary. SB5051 - DECERTIFICATION SHB5051 Policy Senate Bill Report SENATE Fiscal Rules Senate Bill Report (Orig.) HOUSE Fiscal Rules WASPC Written Testimony Floor Concurrence Floor Policy Committee Committee Committee Vote Committee Committee Committee Vote Public Hrg: Public Hrg: 1/18/21 2/1/21 PASSED Exec! Sess. 1/21/21 2/15/21 The "suspension of certification" process essentially creates a second employer for every law enforcement officer in the state-1 the CJTC. This is a! 50+ page billt that creates a new bureaucracy that will diminish local control of your local law Changes the CJTC so that more than half of the Commissioners would have no direct knowledge of, or experience in, the Complaint system will create a direct mechanism fori individuals to harass law enforcement officers with no basis inf fact, Removing bad cops is paramount but new bureaucracy will eat up budget that leads toi fewer peace officers working to enforcement. professions of law enforcement or corrections. nor any respect tot the rights of law enforcement officers. help victims. Pagelof5 HB1202- - CIVIL CAUSE OF ACTION SHB1202 Policy House Bill Analysis 2021 House Bill Report SENATE Fiscal Rules WASPC Written Testimony Floor Concurrence HOUSE Fiscal Rules Floor Policy Committee Committee Committee Vote Committee Committee Committee Vote Public Hrg: Referred 1/26/21 2/9/21 PASSED 2/5/2021 Unfairly tilts liability towards law enforcement officers and agencies by creating civil causes ofa action against officers, and Allows plaintiff's attorneys toi file lawsuits that may not have merit, creating further division between law enforcement Prevents law enforcement from asserting a defense based on al law that was not clearly established or reasonably known Erroneous civil court processes willi take precious time away from law enforcement's ability to be ini the community both vicarious and independent liability for law enforcement employers. and the communities they serve. at thet time. preventing victimizations. HB1203 - COMMUNITY OVERSIGHT BOARDS SHB: 1203 Policy House Bill Analysis 2021 House Bill Report SENATE Fiscal Rules WASPCI Written Testimony Floor Concurrence HOUSE Fiscal Rules Floor Policy Committee Committee Committee Vote Committee Committee Committee Vote Public Hrg: Referred 1/26/21 2/9/21 PASSED 2/4/21 Gives broad authority to a small group of unelected individuals who have no direct accountability to their community and Grants power to issue subpoenas, compel testimony, and access crime scenes and evidence, all of which willj jeopardize Places an additional financial burden on already strained local jurisdictions that will lead tot fewer resources to address voters; and with little to no experience ini law enforcement, all at the local taxpayers' expense. active criminal investigations, delaying. justice for victims. behavioral and mental health assistance programs. SB5259 / HB1092 - DATA COLLECTION SSB5259 Policy Senate Bill Report (orig.) Senate Bill Report HOUSE Fiscal Rules WASPC Written Testimony Floor Concurrence SENATE Fiscal Rules Floor Policy Committee Committee Committee Vote Committee Committee Committee Vote Page 2of5 Public Hrg: Hearing 2/2/21 PASSED 2/4/21 2/17/21 2SHB 1092 Policy House Bill Analysis 2021 House Billl Report SENATE Fiscal Rules WASPC Written Testimony Floor Concurrence HOUSE Fiscal Rules to Rules 2 Review 2/9/21 Floor Policy Committee Committee Committee Vote Committee Committee Committee Vote Public Hrg: Public Hrg: Referred 1/14/21 2/1/21 PASSED 1/19/21 2/4/21 PASSED Requires al lawe enforcement agency to collect new categories of data not regularlyt tracked by most agencies. Places a significant financial burden on law enforcement agencies by expanding the circumstances' where reporting is required and requiring agencies to re-code/re-classify data according to state reporting standards. Will add more clerical and administrative requirements and willl likely result ini fewer officers on patrol. HB1267 - OFFICE OF INDEPENDENT INVESTIGATIONS SHB 1267 Policy House Bill Analysis 2021 House Bill Report SENATE Fiscal Rules WASPC Written Testimony Floor Concurrence HOUSE Fiscal Rules Floor Policy Committee Committee Committee Vote Committee Committee Committee Vote Public Hrg: Referred 1/26/21 2/9/21 PASSED 2/4/21 Relies on civilian investigators to conduct complex criminal investigations which could delayj justice for victims. Will give "priority registration" to CJTC trainings fori investigators in the Office, at the expense oft the training needs of the Requires local law enforcement agencies to relinquish scene to Office of Independent Investigations, jeopardizingany The Director of the Office is appointed by the Governor, creating the potential for bias and political influence. other 279 Washington law enforcement agencies. underlying criminal investigation that led toi the use of deadly force. HB1310 - USE OF FORCE SHB1 1310 Policy House Bill Analysis 2021 HOUSE Fiscal Rules House Bill Report SENATE Fiscal Rules WASPCWritten Testimony Floor Concurrence Floor Policy Committee Committee Committee Vote Committee Committee Committee Vote Page 3 of5 Public Hrg: Referred 1/29/21 2/15/21 PASSED 2/11/21 Undermines decades of case law determining what levels off force are reasonable under the circumstances. Unreasonably limits any use of force by al law enforcement officer, effectively requiring an arrest anyt time any level Creates an inappropriate oversight role for the Office of the Attorney General over Washington's law enforcement off forcei is used. agencies. Uses subjective language without incorporating ar reasonable officer standard. SB5263 - FELONY BAR SSB5263 Policy Public Hrg: N/A 2/2/21 PASSED 2/4/21 Senate Bill Report (orig.) Senate Bill Report HOUSE Fiscal Rules WASPC Written Testimony Floor Concurrence SENATE Fiscal Rules Rules for second reading 2/5/21 Floor Policy Committee Committee Committee Vote Committee Committee Committee Vote Limits the felonyl bar defense for law enforcement circumstances where the person injured or killed has been found bya "finder off fact" to have committed a class A or class Bi felony. This will lead to policies that make officers less likely to act Creates more restrictive standard for law enforcement as compared to members of the public; therei is no "finder of fact" to prevent a crime from occurring. requirement fori the public. SB5066 - DUTY TO INTERVENE SSB5066 Policy Senate Bill Reportlorig.) Senate Bill Report HOUSE Fiscal Rules WASPC Written Testimony Floor Concurrence SENATE Fiscal Rules rules for 2nd reading Floor Policy Committee Committee Committee Vote Committee Committee Committee Vote Public Hrg: Public Hrg: Passed to 1/19/21 2/1/21 PASSED 1/21/21 2/11/21 2/12/21 PASSED Duty to report on misconduct is based on subjective terminology such as "harmful" that cannot bei fairly and consistently Inar mutual aid situation, officers from multiple agencies responding to the same incident would all use force according to their own policies, and the agency with the more restrictive policy would be mandated to intervene, creating confusion. implemented. Page 4 of5 Definition of excessive forcei is restrictive and could result in unintended physical altercations between law enforcement officers. HB1499 - DECRIMINALZATION OF CONTROLLED SUBSTANCES SHB1499 Policy Public Hrg: 2/12/21 PASSED 2/15/21 House Bill Analysis 2021 WASPC Summary Floor Policy WASPC Written Testimony WASPC Statement Floor Concurrence HOUSE Fiscal Rules SENATE Fiscal Rules Committee Committee Committee Vote Committee Committee Committee Vote We: support a robust wrap around system for those with serious substance abuse issues, untreated mental and behavioral health problems. Assisting offenders with re-entry and reducing recidivism is good for public safety. Wev would actively support HB1499 if the provisions legalizing the possession of controlled: substances were removed. We are concerned that decriminalization will lead to law enforcement still being the only real response available, and our officers and deputies will be left with even fewer tools to assist victims, address public safety, and HB 1499 does not just decriminalize possession of illicit substances such as heroin, methamphetamine, cocaine, and unprescribed scheduled drugs such as OxyContin and oxycodone; HB 1499 makes the possession of such controlled WASPC asks the legislature to remove the parts of HB 1499 that legalize the possession of controlled: substances and enact the provisions that create investments in community programs that offer opportunities fori intervention and Once that system has been built and proven, it may be appropriate at that time to have further conversations about reduce addiction. substances legal to all persons, including children. treatment fort those with substance use disorders. the: status of criminalization of hard drugs. Page! 5of5 2/18/2021 Wasliagton Associationot SHERIFFS & POLICE CHIEFS LEGISLATIVE OVERVIEW A review and discussion of the top 10 law enforcement- related bills thus fari in the 2021 legislative session. February, 2021 Washlagton Associationo of SHERIFFS & POLICE CHIEFS We support constructive reforms that support good policing, respect victims, and improve public safety. Solutions focused on large cities do not fit every community. Reforms should help and not hurt the recruitment and retention of diverse and accountable peace officers. 2/18/2021 Washiaglon Associationof SHERIFFS & POLICE CHIEFS Sheriffs & Police Chiefs support reforms that build public 1. Thel laws and rules that govern poliçing aret too important to be rushed. 2. There is al lot we agree on -arbitration reform, decertification, tactical limits - but changes must improve trust and support the men and women in law 3. Law enforcement needs the community to trust them to do their job the 4. Note every call tos 911 needs to be handled byl lawe enforcement. Funding to provide local community options for behavioral health support services are 5. People are looking for headway, not headlines. We need to work together trust and improve public safety enforcement. right way, every day. needed. fors solutions. Washington Associationol SHERIFFS & POLICE CHIEFS WASPC 13- adopted June 2020 Transparency: and Officer wellness & resiliency Civils service reform Earlyi intervention systems Independent Investigations Body cams Arbitration reform Decertification Deadly force data collection Use of Force Role of Law Enforcement Public trust Investing int the community Statewide use ofi force Accountability policy centered on cornerstone principle of Dutyt toi intervene/report thes sanctity of human life Accreditation incentives 2 2/18/2021 Washingion Issoclationo of SHERIFFS & POLICE CHIEFS CUT-OFF DATES Cut-off dates are dates established byt the Legislature to declare bills as" "dead" ift thet bill does not meet certain! levels of progress duringt the legislative session. 2021 Session Cut-Off Dates Opposite Chamber Floor Policy Committee Committee Vote Chamber of Origin Policy Fiscal Committee Committee Vote Fiscal Floor Concurrence 2/15/21 2/22/21 3/9/21 3/26/21 4/2/21 4/11/21 4/25/21 Washington Assoclationo of SHERIFFS & POLICE CHIEFS Top Ten: Post Cut-Off SHB: 1054- Tactics SSB 5051 - Decertification SHB 1202 - Civil Cause of Action SHB 1203 - Community Oversight SHB 1267 - Office of Independent Investigations SHB 1310- Use of Force SSB5263- - Felony Bar SSB5066 - Duty tol Intervene Boards SSB 5259/SHB 1092- Data collection . SHB 1499- Drug Legalization 3 2/18/2021 Wastingfon Associatione of SHERIFFS & POLICE CHIEFS SHB 1054 -1 Tactics House 2nd Reading Calendar Bans chokeholds/lVNR Bans K91 for arrest/apprehension Bans "tear gas" (CN & CS, not OC) December 31, 2022 Bans concealment of identifying information Bans no-knock warrants Bans pursuits except violent offenses and sex offenses CONCERNS: restraints- possibly increasing deadly) force. apprehend: suspected criminals. Bans' "military equipment"- Requires divestment of military equipment by Reduces tools for de-escalation, including K-9j for apprehension and neck Crime victims willl have fewer assurances that law enforcement can quickly Washington! Associationof SHERIFFS & POLICE CHIEFS SSB 5051- Oversight & Accountability Senate Rules Committee Complete overhaul of Criminal. Justice Training Commission (CJTC) Commission membership, purpose, and added oversight of agencies De-Cert Criteria- mandatory and discretionary, concurrent CITC investigations, Overhaul of De-Certification anyone can file complaint CONCERNS: Allows CJTC tos suspend peace officer certification Essentially creates as second employer fore every lawe enforcement officer- the CTC. This 50+ page bille creates a new bureaucracy thot will reduce local control. More than halfo oft the Commissioners would haver no direct knowledge of, or New bureaucracy will take budget dollars andi result inj fewer peace officers experience. in, lawe enforcement or corrections. responding to calls. 4 2/18/2021 Washlagton Assoclationef SHERIFFS & POLICE CHIEFS SHB 1202 - Civil Cause of Action Hearing in House Appropriations Committee on 2/17 New civil cause of action under state law- heavily weighted in favor of plaintiffs Personal liability for officers Independent and vicarious liability for employers Correlation to common law Negligence and precluded defenses CONCERNS: independent established at the time Significant new liability for officers, employers- both vicarious and Prevents law enforcement, from asserting a defense based on law not clearly Will add litigation costs and time- may lead to greater division andj further discourage people staying or becoming peace officers Waskingten Association el SHERIFFS & POLICE CHIEFS SHB 1203 - Community Oversight Boards Hearing in House Appropriations Committee on 2/17 Mandates Oversight Boards for all city/county law enforcement agencies with 101 15or Investigate upon receipt of complaint or own initiative Access to any investigation, and access to crime scenes ande evidence Right tos subpoena documents and compel testimony Requires localj jurisdictions to provide adequate funding for oversight board Broad authority tos smallg group of unelected, persons, no experience. in law enforcement, Grants power ofs subpoena, compel testimony, and access crime scenes and evidence- More financial burden on local jurisdictions andi removes local control, fewer resources more commissioned officers CONCERNS: all at taxpayers" expense willj jeopardize criminal investigations and delay justice for behavioral heaith programs Unfundedi mandate 5 2/18/2021 Washinglon) Associationel SHERIFFS & POLICE CHIEFS SSB 5259/SHB 1092 - Use of Force Database 5259: Scheduled for Ways & Means Hearing on 2/17; vote on 2/19 1092 in House Rules Attorney General's Request bill Requires reporting in more circumstances Requires fewer data fields to be reported Administered by WSU the Attorney General and WSU Law enforcement agencies must submit data specific in the bill, and any other data deemed relevant, ini thei format, according to deadlines established by Significant. staff time associated with re-coding incident reports to: state- CONCERNS: established criteria and categorization. Waslhlagton Asociationof SHERIFFS & POLICE GHIEFS SHB 1267 - Office of Independent Investigations Awaiting Hearing in House Appropriations Committee Governor's Task Force- creates a new state agency Concurrent, jurisdiction with local investigations Law enforcement officers VS. civilian investigators Plaçes priority over all other gencles/nvestgations Authority to alsoi investigate sex offenses, and any other criminal activity related to or discovered during course of investigation- at the discretion of the state agency- permissive, not mandatory, to investigate Relies on civilian investigators, for complex criminal investigations Gives "priority registration" to CTC training, at the expense of training needs Requires local agency to relinquish scenes, jeopardizing criminal investigations ofi incidents that may have led to the use of deadly. force CONCERNS: of the other 279 agencies in the state 2/18/2021 Washiaglen Associatiene of SHERIFFS & POLICE CHIEFS SHB 1310- Use of Force Awaiting Hearing in House Appropriations Committee Limits use off forcet to effect arrest, prevent escape, protect against imminent threat of bodily injury Duty of reasonable care Exhaust available de-e escalationi tactics Leave areai if not threat ofi imminent harm or no crime being committed Forcea allowed to minimal degree necessary Submit use off force policies to Attorney General Undermines decades ofo case law, unreasonably limits any use of force, effectively requiring an arrest any time any! level of force is used Creates ani inappropriate oversight role forA Attorney General Uses subjective language without incorporating a reasonable officer standard CONCERNS: Washington Associationol SHERIFFS & POLICE CHIEFS SSB 5263 - Felony Bar Senate Rules Committee Limits use of felony defense statute (RCW 4.24.420) byl law enforcement to finding beyond a reasonable doubt that the person injured or killed committed a Class A or Bf felony CONCERNS: from occurring Willl lead to policies that make officers less likely to act to prevent a crime Creates ar more restrictive standard for lawe enforcement as compared with members of the public; there is no 7nderofbct"/rguirement for the public 7 2/18/2021 Washlagton Assoclationot SHERIFFS & POLICE CHIEFS SSB 5066- Duty to Intervene Senate. 2nd Reading Calendar Excessive Force (intervene) Duty to render first aid Wrongdoing (report) Model Policy CITC, WSP, WASPC, Labor Mandatory: agency policy on duty to intervene CJTC training CONCERNS: Duty is based on subjective terms such as "harmful", cannot bej fairly and Ini mutual aid, officers from multiple agencies would intervene according to Definition ofe excessive force is restrictive and could result in unintended consistently implemented their own policies, and could create confusion confusion and less safe outcomes Washiagton Associationef SHERIFFS & POLICE CHIEFS HB 1499 - Drug Legalization AwaitingHearing, in House Appropriations Committee Legalizes personal use amounts" of controlled substances Directs Health Care Authority to establish a substance use recovery plan to assist persons with substance use disorder in accessing community- based Requires BLEA toi incorporate training on interactions with persons with We support ar robust, wrap- around. system for behavioral health, and would actively support this bill if decriminalizing were removed. A lack ofs services and law enforcement being the onlyr resource will continue until better: systems Any decriminalization consideration. should occur following a system being treatment and recovery services substance use disorder CONCERNS: are inj place built and proven 8 2/18/2021 Waskiagton Associatione of SHERIFFS & POLICE CHIEFS Other Reform Bills HB 1000- - Mental health supports for law enforcement officers HB 1001- -8 Establishing a law enforcement professional development outreach SSB 5055-C Concerning law enforcement personnel collective bargaining grant program. SSB 5089 Civil service SHB 1099- - Potential impeachment disclosures E2SHB 1089- - Audits of Independent Investigations SSB 5353- Creating aj partnership model that facilitates community engagement with law enforcement. Waskinglon Associstionot SHERIFFS & POLICE CHIEFS Other Non-Reform Bills SSB! 5036- Conditional commutation byt the clemency and pardons board. ESSB! 5121- Expanding eligibility for the graduated reentry program. 2SHB 1126- Limiting tolling of community custody terms. 2SHB 1282- Concerning allowed earned time for certain offenses. 2SHB: 1186- Concerning. juvenile rehabilitation. SSB 5122 - Concerning the. jurisdiction ofj juvenile court. HB1 1413 Scoring of prior juvenile offenses in sentencing range calculations. SSB 5123- - Creating a developmentaly appropriate response to youth who commit sexual offenses. 9 2/18/2021 Washiaglon Associatien of SHERIFFS & POLICE CHIEFS Other Non-Reform Bills SHB 1140 - Concerning, juvenile access to attorneys when contacted byl law SHB 1019 - Allowing residential marijuana agriculture HB: 1223 Enacting the uniform electronic recordation of custodial 2SHB 1069 -Local government fiscal flexibility SSB! 5116- Establishing guidelines for government procurement and use of automated decision systems in order to protect consumers, improve transparency, and create more market predictability. SHB 1109- - Concerning victims of sexual assault. SSB 5226- - Concerning the suspension of licenses for traffic infractions. enforcement. interrogations act. Washingtoni Asoclationol SHERIFFS & POLICE CHIEFS We support constructive reforms that support good policing, respect victims, and improve public safety. Solutions focused on large cities do not fit every community. Reforms should help and not hurt the recruitment and retention of diverse and accountable peace officers. 10 By Angellca Relente, Heraldt Legislative Writer I February3 3,2 20211 1:00AM Billst that wouldr reshapel lawe enforcement: agencies havel been introduced tot thes statel legislature sincet thes session began) last month. Onel local police chiefs says hel hasi issues withs somec oft them. Some! bills int this session," "ift they pass,I Iwould strongly considerl leaving Washington: state," Kevin Fuhr, chief ofN Moses Lake Policel Department, saidi in Fuhrs said officers ins small towns interact witht their communities differently compared to officers in) big cities." Thei issuel liesi inp passingl legislation that "We'rer nots Seattlel PD," Fuhrs said. "We'reg getting) blameda and legislated because oft thef faults ofv what. - law enforcement over there isd doing, or more One of the many! bills thatl looks toa adjust policing effortsi is House Bill 1310, whichy would create a standard for peace officers whent theye exercise Fuhrs said officers need tor make quick decisions when theyd dealv with evolving emergency: situations. Int thel heato oft the moment, some officersr may: not Peace offiçers must user reasonable care when decidingi ifa and wheng physical force shouldl bet used, accordingt tot thel bill's text. Officers can only use "We don't use force unless we'ret tryingt to arrest somebody and unlesst they're threatening us ors somebodye else, but tol limiti itj just tot threet things HB1 1310 wouldr requirey peace officers to use deadly force ast thel last resort. Fuhr said his officerso only use deadly force Ift they are puti ina a situation Fuhrs said thep passage ofInitiative 940, ai measure regarding police reform inz 2019, showed' Washington was at" "thet tip oft the spear" wheni ito comes to "This billy wouldi basically undo everything that was done inl 1-940," Fuhr said." "We're already. : requiring de-escalation training (and) use off force Another billa aimed atr reforming the police, HB1 1092, wouldr require Washington State Universityt to spearheadap program that would collect, report and Alll lawe enforcement: agencies in thes state must] participate! in WsUsprogram, according to thel bill's text.1 The agencies would) ber requiredt to collecta and Fuhrs saidl hec does not! have aj problem with HB1 1092 passing! because his department does notr resort tot the use offorce often. In2 2020, MLPDasa "The only concernI Iwouldi have ist thatI Idon't want thisl bill. : toc cost us anything financially," Fuhr said. "Idon't want itt toa affect myl budget." Yasmin Trudeau, legislative director for thes state Office ofthe Attorney General, supports HB1 1092. She said nos statewide database that collects "We allr need this data becausei ita allows thej publicl law enforcement) policymakers toc determine which policies andt training do and dor noty work," Representatives. hadr not voted onl HB 1092 as ofTuesday. Thel bill alsol has a companion bill, Senatel Bill5 5259, whichs senators) had noty votedo on. Senatel Bill 5066 isa another bill Fuhr does noth have ani issue with. Under SB5 5066, peace officers who witness at fellow peacec officer engagingi ine excessive Fuhr said MLPDa alreadyl has) policies inj placet that requirep peacec officerst to1 reporto other officers' wrongdoings. Officers shoulda already) be doing the James McMahan, policy director fort the Washington. Association ofs Sheriffs andl Police Chiefs, testified against SBS 5066 duringt the virtuall legislative Wrongdoing is defined as actions that arel harmful or contrary tol law, according to thel bill's (ext. Ita also means a violation ofp professional or ethical "The mandatory duty tor report wrongdoing tot thee employer isg goingt too overwhelm our agencies with these mandatory: reports that would otherwise Fuhr said! hei isa against HB1 1082, which would revise thep priorities oft the Criminalj Justice Training Commission, accordingt to thel bill's text. The c/rc trains ande educates those who want tol become lawe enforcement officers, correction officers or publics safety professionals. One oft thel bill's) priorities includes overhauling membership within the Crc, Fuhr said. Thel bill would reduce the number ofl law enforcement "How doy you! have ap policet training! boardt that doesn't involve (the) police?" Fuhrs said. "You'ves got civilians that aret telling policel how theyr needto ani interview with thel Herald. would! hold alll lawe enforcement agencies tot thes sames standard. importantly, notj justi inc ours state, buty what) happened inN Minneapolis." physical and deadly force. HB1 1310v would also modify peace officers' criminall liability protections. make the best decision- - holding them criminally liable fora al mistake may cause some officers tor resign. "Tthink you'reg gonnas seeal lot of officers walk away from thej job,"E Fuhr said. physical force tor make ana arrest, prevent ane escape ori ifani imminent threat isp present. becomes very problematic," Fuhrs said. where they! havet toc doi it,like when they are defendingt themselves or somebodye else. reformingl lawe enforcement agencies. training." Representatives hadr not votedo on HB1 1310aso ofTuesday. publishi informationi regarding peace officers' use off force, asv well as other interactions theyl have with they public. report certaini information to WSU. department exercised thet usec off force 31 times. Ona average, the department makes about 25-30 arrests) per week. information on peace officers' usec offorce or publici interactions currentlye exists. Trudeau said duringa a virtuall legislative hearing Monday. useo off force musti intervene: and reporti itt toas supervisor. requirements outlined int thel bill, hes said. hearing Monday. Hes said the definition ofthet term' "wrongdoing" int thel billi iss subjective. standards, andi itiss something thati isr nota at technical violation. occupy ourt time for morel productive things," McMahan sald. Senators! had not voted on SB5 5066 as ofTuesday. members andi increase ther number ofc civiliansi instead. train. That is very problematic." Additional steps would) bei implemented on) background checks for those applying tol become and officer, accordingt tot thel bill's text, like checkinga all HB1 1082 woulda also modifyt thec certification: and decertification; processf for peace: and corrections officers, according tot thek bill's text." The CyTCr may "They're talkinga about decertifying officersi int this! billl before they'ree eveni investigated: for whatever issue,"F Fuhr said.' "Int this country, it's innocent Representativesl had not voted on HB1 1082 as ofTuesday. The billa alsol has a companion! bill, Senatel Bill 5051, whichs senators hadi not voted on. IfHB1 12021 iss signedi intol law, injuredi individuals could have a cause ofa action againsta aj peacec officer, whoi Isa acting under color ofa authority, ifthe Conducts listedi in HB1 1202 include actions like assault, battery and trespass, among other things. Thes state Attorney General is also permitted to Under HB1 1202, the plaintiff can name aj peace officer's employer ast the defendant. Thee employer is held liablei ifthei injuryt the officer caused tot the Fuhr said thel language ink HB1 1202 isl heavily weightedi inf favor oft thej plaintiffs and does not provide ane evens ground. "Thisi is the one thats scares me,"1 Fuhr said. "Probably onec oft thel biggest ones that scare me, asf far asc continuing this profession." disciplinaryrecordst fromj previous lawe enforcement or corrections employers. deny, revoke ors suspend certification' ifthe applicant or officer committed: ai felony regardless ofc conviction. until proveng guilty." officer engaged inc conduct specificaly! listedi int thel bill. investigatel lawe enforcement employers ando officers engagingi ins specifically listed conduct int the! bill. plaintiffi isa apractice or procedure approved! by thee employer. Representatives. hadi not votedo on HB1 1202 as ofTuesday. municipalities are alreadya allowedt tol have oversightk boardsi iftheyo choose. board, then whys would wel ber mandated to dot that?" Fuhrs said. text." Thel boardr members can also access crime scenes and other investigations. Representatives hadi not voted on HB1 1203 as ofTuesday. Fuhr said! hei isr nota af fan ofHB1 1203, whichy wouldi requirea areas with lawe enforcement agençies to establish a community oversight board. Hes said! local "If(wel have) ag good relationship with ouro community. : andi nobody's yelling and screaming andj jumping upa and down asking us for and oversight HB1 1203 woulda allow community oversight board members toe examinei internal investigations for accuracy and completeness, accordingt tot thel bill's "This part ofits scares thet hell outo ofn me," Fuhr said, referringt tok board members having access toc crimes scenes. certain incidents, liket thet use ofd deadlyf force, in-custody deaths and sexual assault, that involve peace officers. enforcement officer att the time oftheira application unlesst they were approved) by the advisoryl board. Fuhr hads some reservations about) HB1 1267, which wouldp permitt the governor's officet to establish the Office ofIndependent. Investigations tol look into Thec office would) have ana advisory) board, director andi investigators, accordingt tot the! bill'st text. Investigators cannot! bea ac commissioned law "This new taskf force wants toc create thist newa agencyt toc come ina and dot thesei investigations, which Ihave noy problem with," Fuhr said, "but. : they Proponents oflegislation regarding policer reforms say communities ofc color have) been disproportionately: affected by the police. Thed death of George Fuhr said hel believes racism existsr noto onlyi inl law enforcement: agencies, buti ine every profession. Everyone has ani implicit bias- -1 peoplej justr need to "Tthinkt there are officers thata arer racist. Itruly do," Fuhrs said. "If (police) chiefs aren't fixingt thes problems that are! happening. then shame ont them, wantr non-l lawe enforcement) people to dot these investigations." Representatives: hadi noty voted on1 HB1 1267a aso ofTuesday. Floydi in! Minneapolis, fork instance, isj justo one example ofw whys statel legislators authored certain) bills. be aware ofita andi make surei it does nota affect their decision-making: process. because they're making national news, andi it's affecting allo lofus." Casey McCarthy/Columbial Basin Herald Moses Lakel Police Chiefl Kevin) Fuhr poses for photo on Tuesday afternoon outside thej police station in! Moses) Lake. DATE: March 3, 2021 ITEM: Items for Council Action SUMMARY 1. Division Street Bid Acceptance--This is a' Transportation Improvement Board Project. It isag grant that the City is required to have 10% match. The City received three bids for project. It provides for repaving from DS Stl NE to Airport St. and replacing sidewalk ramps with new compliant ADA ramps. 1.$ $115,000 for design and construction. Staff recommends acceptance and approval of all Items. Motion to. Authorize, Confirm, or Approve and Accept All Items. BUDGET IMPACTS ENABLING ACTIONS lfyou have any questions, concerns, or require additional information; please contact me prior to the meeting. REE CITY OF EPHRATA STAFF REPORT Mayor and City Council Mike Warren, City! Manager To: From: Date: Bill Sangster 3/3/2021 Proceeding Type: City Council Meeting Subject: Division Street Bid Acceptance Legislative History: First Presentation: Second Presentation: Requested. Action: Staff Report Summary: The City received 31 bids fori the Division Street East Improvement Project. It Provides for repaving from DSt. NE to Airport St. and replacing Sidewalk Ramps with new compliant ADA Ramps. Discussion/Analyss: This is a Transportation improvement Board Project. Itis a grant that the Cityi is required to have a 10% match. The apparent low bidder is Central Washington Asphalt of Moses Lake witha al bido of$ $971,971.00. The Engineer's Estimate was $1,148,340.00 Staff Recommendation: Accept the Bid for the Division Street East Overlay project. Financial Implications: aprox. $115,0001 for Design and Construction Attachments B. Pagelof2 Gray & Osborne, Inc CONSULTING ENGINEERS February 26, 2021 Mr. Bill Sangster Public Works Director City of Ephrata 121 Alder Street SW Ephrata, Washington 98823 SUBJECT: REVIEW OF BIDS, DIVISION AVENUE EAST OVERLAY CITY OF EPHRATA, GRANT COUNTY, WASHINGTON G&O#19034.00 & #20830.00 Dear Mr. Sangster: Onl February 25, 2021, the City of Ephrata received three bids for the Division Avenue East Overlay project. The bids ranged from $971,971.00 to $1,366,170.00. The Engineer's Estimate was $1,148,340.00. Each proposal was checked for correctness of extensions oft the prices per unit and the total price. One correction was made; however, the correction did not change the position ofthe low bidder. We have provided a bid summary with this letter. The bidders and their respective bid amounts, including sales tax where applicable, are as follows: 1. 2. 3. Central Washington Asphalt, Inc. (Moses Lake, Washington). .$971,971.00 Granite Construction Company (Yakima, Washington).. $1,366,170.00 Central Paving, LLC (Ellensburg, Washington). $1,148,245.60 $1,148,340.00 Engineer's Estimate. The lowest responsive bidder, Central Washington Asphalt ofl Moses Lake, Washington, is currently a Washington State registered and licensed contractor and appears to have the relevant qualifications and experience to successfully perform the work the project will require. To our knowledge, the lowest bidder has not claimed bid error and no formal bidding protests have been recorded. In accordance with RCW 39.04, we have verified the lowest bidder, Central Washington Asphalt of Moses Lake, Washington, has met the responsibility criteria. The Mandatory Bidder Responsibility Checklist, including documentation, is attached for the City's file. We have also reviewed the Supplemental Bidder Criteria information submitted by Central Washington Asphalt and they appear to meet the requirements of the Supplemental Bidder Responsibility Criteria. 11 Spokane Street, Suite 105 Wenatchee, Washington 98801 (509)853-2460 Mr. Bill Sangster February 26, 2021 Page 2 Based on our evaluation, we recommend that the project be awarded to the lowest responsive, responsible bidder: Central Washington Asphalt, Inc. Moses Lake, Washington 98837 P.O. Box 939 Please contact us ifyou have any questions and/or require additional information. Sincerely, GRAY & OSBORNE, INC. on Gmtoh Sean Comstock, P.E. SC/hh Encl. By email 8888 9 3888888 888888898 e SE 8818 f 88488 Ghs 03355534 :e