Agenda packet — Murrieta City Council, December 19, 2023 (part 2 of 2)

3.2.10.7 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VI I, licensed to do business in California, and satisfactory to WRCOG and each Member Agency.

3.2.10.8 Verification of Coverage . Consultant shall furnish WRCOG and each Member Agency with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to WRCOG. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by WRCOG if requested. All certificates and endorsements must be received and approved by WRCOG before work commences. WRCOG reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.10.9 Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to WRCOG that they have secured all insurance required under this section. Policies of commer cial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, employees, agents and volunteers as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, WRCOG may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) a dequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or 352
10 injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.12 Surety Bonds . Consultant shall provide each Member Agency with a payment and performance bond (“Surety Bond”) executed by a surety company authorized to do business in the State, having a financial strength rating by A.M. Best Company of “A -” or better, and otherwise satisfactory to the Member Agency and naming the Member Agency as a co - obligee in a sum equal to the entire amount to become payable under the Appendix to this Agreement applicable to the Member Agency. Each bond shall be conditioned on the completion of the Services for that Member Agency and upon payment of all claims of subconsultants and suppliers. Consultant shall cause the surety company to add WRCOG and Banc of America Leasing & Capital LLC as a co- obligee on each Surety Bond, and shall deliver a certified copy of each Surety Bond to WRCOG and Banc of America Leasing & Capital LLC promptly upon receipt thereof by Consultant. Any proceeds from a Surety Bond shall be applied in accordance with such Surety Bond to the payment and perfor mance of the Consultant’s obligations in accordance with this Agreement and all Appendices and, if for whatever reason such proceeds are not so applied, then first to amounts due Lessor (as defined in the Lease Agreement) pursuant to Section 4.05 and 7.04 of the Lease Agreement , and any remaining amounts shall be payable to Lessee (as defined in the Lease Agreement).

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rende red under this Agreement at the rates set forth in Exhibit “C” to each Appendix attached hereto and incorporated herein by reference. The total compensation shall not exceed Five Million Nine Hundred Thirteen Thousand Seventy- Three Dollars ($5,913,073) over a five year contract period without written approval of WRCOG’s Executive Director and the applicable Member Agency. Extra Work may be authorized, as described below; and if authorized, said Extra Work will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to WRCOG a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and suppl ies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. At a minimum, Consultant shall provide a statement with sufficient detail to enable WRCOG or the Member Agency to make payment to Consultant from the appropriate account in accordance with the Paying Agent Agreement (as defined in the Lease Agreement) and/or Escrow Agreement (as defined in the Lease Agreement), as applicable (i.e., retrofit specific cost s to be identified separately from other Services under this Agreement).

WRCOG shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by WRCOG.

3.3.4 Extra Work. At any time during the term of this Agreement, WRCOG may request that Consultant perform Extra Work. As used herein, “Extra Work” means any 353
11 work which is determined by WRCOG t o be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from WRCOG’s Representative.

3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. WRCOG shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of WRCOG or any applicable Member Agency during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. WRCOG may , subject to prior written approval from the relevant Member Agency and by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. In addition, each Member Agency may, by written notice to WRCOG and Consultant, terminate its Appendix to this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to WRCOG or the applicable Member Agency, an d Consultant shall be 354
12 entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, WRCOG may require Consultant to provide all fini shed or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such documents and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, WRCOG and its Member Agencies may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices . All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: 9225 Bee Cave Road, Building B, Suite 101
Austin, TX 78733
Attn: Steven Teal
Facsimile: (512) 421-6617

WRCOG: Western Riverside Council of Governments
4080 Lemon Street, 3rd Floor, MS 1032
Riverside, CA 92501
Attn: Rick Bishop
Facsimile: (951) 787-7991

Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Inspection of Installation Data and Maintenance Records.

3.5.3.1 During the course of this Agreement, and upon reasonable advance notice and during normal business hours, WRCOG and its Member Agencies may inspect and examine the installation data and maintenance records specifically created or collected by Consultant under this Agreement. Upon termination or expiration of this Agreement, Consultant will provide to WRCOG and its Member Agencies the installation data and maintenance records specifically created or collected by Consultant under this Agreement. The install ation data and maintenance records shall include all final installation data, customer service reports and inquiry activity, and maintenance records, but shall not be deemed to include any proprietary, confidential, or protected information, programs, platforms, and/or materials of Consultant.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to Consultant in 355
13 connection with the performance of this Agreement shall be held confidential by Consultant.

Such materials shall not, without the prior written consent of WRCOG and the relevant Member Agency, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use WRCOG’s or any Member Agency’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of WRCOG or the applicable Member Agency.

3.5.3.3 Infringement Indemnification. Consultant shall defend, indemnify and hold WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by WRCOG or any Member Agency of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.5.4 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.5 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and re cover from the losing party reasonable attorney’s fees and all other costs of such action.

3.5.6 Indemnification. Consultant shall defend, indemnify and hold the WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ officials, officers, consultants, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, i ncluding without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses. Consultant shall defend, at Consultant’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, consultants, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, consultants, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shal l reimburse WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, consultants, employees, agents and/or volunteers, for any and all legal expenses and costs, including reasonable attorneys fees, incurred by each of them in connection therewith or in 356
14 enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ director s, officials, officers, consultants, employees, agents or volunteers. This section shall survive any expiration or termination of this Agreement.

Notwithstanding the foregoing, to the extent Consultant’s Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

3.5.7 Entire Agreement. This Agreeme nt contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.

3.5.8 Governing Law . This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.10 Right to Employ Other Consultants . WRCOG re serves the right for itself and its Member Agencies to employ other consultants in connection with this Project.

3.5.11 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the Parties.

3.5.12 Assignment or Transfer . C onsultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of WRCOG , subject to prior written approval from each applicable Member Agency to the exte nt such assignment, hypothecation or transfer could impact such Member Agency’s Appendix. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to WRCOG include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. All references to Member Agencies include their electe d officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
357
15 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties , subject to prior written approval from each applicable Member Agency to the extent such supplement, modification, or amendment impacts such Member Agency’s Appendix.

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.5.16 No Third Party Beneficiaries . There are no intended third pa rty beneficiaries of any right or obligation assumed by the Parties with the exception of the Member Agencies, which are expressly considered to be third party beneficiaries and are entitled to enforce any and all rights and remedies held by the Member Agency itself or by WRCOG under this Agreement.

3.5.17 Invalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.18 Prohibited Interests . Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Cons ultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, WRCOG shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of WRCOG, during the term of his or her service with WRCOG, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Equal Opportunity Employment . Consultant represents that it is an equal opportunity employer and it s hall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related t o initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of any WRCOG’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require ever y employer to be insured against liability for Workers’ Compensation or to undertake self - insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party 358
16 warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of WRCOG , subject to prior written approval from the applicable Member Agency to the extent such work relates to such Member A gency’s Appendix. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

[SIGNATURES ON FOLLOWING PAGE]
359

SIGNATURE
PAGE
TO

AMENDED
AND

RESTATED

WESTERN

RIVERSIDE

COUNCIL
OF

GOVERNMENTS

PROFESSIONAL

SERVICES

AGREEMENT
IN

WITNESS

WHEREOF,
the
Parties
hereby
have
made
and
executed
this
Amended
and
Restated
Agreement
as
of
the
date
first
written above.

WESTERN

RIVERSIDE

COUNCIL
OF

GOVERNMENTS
By
:
~
f
Ri~
'{
Executive
Director

SIEMENS

INDUSTRY
INC.,

INTELLIGENT

TRAFFIC

SYSTEMS
By: Title: ATTEST: By: Its:
* A
corporation
requires
the
signatures
of
two
corporate
officers.

If
the
above
persons
are
not
the
intended
signators,
evidence
of
signature
authority
shall
be
provided
to
WRCOG
.
[Signature
Page
to
A&R
Professional
Services
Agreement]
360

SIGNATURE PAGE
TO

AMENDED AND RESTATED

WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS

PROFESSIONAL SERVICES AGREEMENT
IN WITNESS WHEREOF, the Parties hereby have made and executed this Amended and Restated Agreement as of the date fast written above.

WESTERN RIVERSIDE COUNCIL

OF GOVERNMENTS
By:

Rick Bishop
Executive Direclor
APPROVED AS TO FORM:

By:

General Counsel
Best Best & Krieger LLP
SIEMENS INDUSTRY INC.,

INTELLIGEN' TRAFFIC SYSTEMS
By:

Title: Marcus Welz. CEO
ATTEST:

By: ::C· ,( 2•(' /✓---.;.._-
/ 7 r7
Title: David Buchfuehrer, CFO
"" A coiporation requires the signatures of two corporate officers.

One signature shall be that of the chairman of board, the president or any vice president and the second signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.
lfthe above persons are not the intended signators, evidence of signature authority shall be provided to WRCOG. 17 361
APPENDIX#? City
of
Murrieta
This
Appendix
#7
to
Agreement
("Appendix")
by
and
between
WRCOG,
Consultant,
and
the
City
of
Murrieta
("Member
Agency")
is
made
and
entered
into
this
1st
day
of
April,
2018.

WRCOG,
Consultant,
and
Member
Agency
are
referred
to
herein
as
Parties.

1. Defined
Terms.

All
terms
used
herein
have
the
meanings
ascribed
to
them
in
the
Professional
Services
Agreement
between
WRCOG
and
Consultant
dated
March
27, 2018
with
the
exception
of
the
term
Member
Agency,
which
for
the
purposes
of
this
Appendix
#7
will
refer
to
the
City
of
Murrieta
only.

2. Agreement
Incorporated.

The
terms
and
provisions
of
the
Agreement
are
hereby
incorporated
into
this
Appendix.

3. Member
Agency
Exhibits.

The
Parties
hereby
agree
that
the
Scope
of
Services,
Schedule
of
Services,
and
Compensation
for
the
Project
as
it
relates
to
Member
Agency
are
defined
specifically
in
Exhibits
A,
B,
and
C,
attached
hereto
and
incorporated
herein
by
this
reference. IN

WITNESS

WHEREOF,
the
Parties
hereby
have
made
and
executed
this
Appendix
as
of
the
date
first
written
above.

WRCOG By:
__,.__
______
_
_____
_
Rick
Bishop,
Execut
e Director
APPRO
Consultant By:
--
---
---------
Marcus
Welz,
CEO
By:
--------------David
Buchfuehrer,
CFO
Member
Agency
By
:-----------
-
-
Kim
Summers,
City
Manager
ATTEST: By:
--------------City
Clerk

APPROVED
AS
TO
FORM:

By:
-----------
---
City
Attorney
Appendix
7 -
City
of
Murrieta
20323.00024
\30695872
.l
362
APPENDIX#7
City of Murrieta
This Appendix #7 to Agreement ("Appendix") by and beLween WRCOG, Consultant, and the City of Murrieta ("Member Agency") is made and entered into this 1st day of April, 2018.

WRCOG, Consultant, and Member Agency are referred to herein as Parties.

1. Defined Terms. All terms used herein have the meanings ascribed to them in the Professional Services Agreement between WRCOG and Consultant dated March 27, 2018 with the exception of the term Member Agency, which for the purposes of this Appendix #7 will refer to the City of Murrieta only.

2. Agreement Incorporated. The terms and provisions of the Agreement arc hereby incorporated into this Appendix.

3. Member Agency Exhibits. The Parties hereby agree that the Scope of Services, Schedule of Services, and Compensation for the Project as it relates to Member Agency arc defined specifically in Exhibits A, B, and C, attached hereto and incorporated herein by this reference.

IN WITNESS WHEREOF, the Parties hereby have made and executed this Appendix as of the date first written above.

WRCOG
By:------------
Rick Bishop, Executive Director
APPROVED AS TO FORM:

By:--------------
General Counsel
Consultant
By: ----'lt----------- M arc us Welz, CEO
By: -?· ,r ';: ,_y't. ~~-
,.,J.Ya'.vid Buc.,bfuehrer, CFO
Member Agency
By: ----------Kim Summers, City Manager
ATTEST:

By: --------------City Clerk
APPROVED AS TO FORM:

By:_
City Attorney
Appendix 7 -City of Murrieta
20323.00024\30695872. I
363
APPENDIX#7
City of Murrieta
This Appendix #7 to Agreement ("Appendix") by and between WRCOG, Consultant, and the City of Murrieta ("Member Agency") is made and entered into this 1st day of April, 2018.

WRCOG, Consultant, and Member Agency are referred to herein as Parties.

1. Defined Terms. All terms used herein have the meanings ascribed to them in the Professional Services Agreement between WRCOG and Consultant dated March 27, 2018 with the exception of the tenn Member Agency, which for the purposes of this Appendix #7 will refer to the City of Murrieta only.

2. Agreement Incorporated. The terms and provisions of the Agreement are hereby incorporated into this Appendix.

3. Member Agency Exhibits. The Parties hereby agree that the Scope of Services, Schedule of Services, and Compensation for the Project as it relates to Member Agency are defined specifically in Exhibits A, B, and C, attached hereto and incorporated herein by this reference.

IN WITNESS WHEREOF, the Parties hereby have made and executed this Appendix as of the date first written above.

WRCOG
By: -------------- Rick Bishop, Executive Director
APPROVED AS TO FORM:

By:------------
General Counsel
Consultant
By: --------------Marcus Welz, CEO
By:------------
David Buchfuehrer, CFO
Member Agency
~&=: Kim Summers, City Manage!.'
ATTEST:

APPROVED AS TO FORM:

By:~£2 :;::;y
Appendix 7 -City of Murrieta
20323.00024\30695872. I
364
Appendix 7 – City of Murrieta – Exhibit A
20323.00024\30695872.1
EXHIBIT “A”

SCOPE OF SERVICES
Siemens Intelligent Traffic System proposes the following scope of work for services related to the street lights located in the Western Riverside Council of Governments (WRCOG) subregion.

These services include the turnkey services related to installation of LED street lights and the ongoing operations and maintenance of the street light systems for member jurisdictions. These services are extended to the street lights currently owned by the member jurisdictions, th ose to be purchased from Southern California Edison and any additional assets that are installed within the contract period. Siemens extends this contract for 5 years for date of execution, with the option for additional extension if agreed upon by all p arties. All services included in the Scope of Services will be billed per the rates outlined in Exhibit C.

Project Development
The Project Development phase includes several key elements that must take place for member jurisdictions to effectively acquire street lights from Southern California Edison (SCE), efficiently convert to LED technology and begin operating and maintaining the system.

1. SCE Coordination- Facilitate the “Cut-Over” Process with SCE Siemens will assist WRCOG and member jurisdictions in c ommunication and scheduling with Southern California Edison representatives during the acquisition phase. Siemens will coordinate the development of an agreed upon schedule and geographic plan for the associated field work and cutover of assets from SCE to member jurisdictions. Specific scope includes:
• Participation in SCE calls
• Develop cut over schedule and work flow with SCE subcontractors • Provide review of “fielding” data from SCE and associated subcontractors • Update Street light database to include new street lights previously not included in valuations and other associated data corrections/modification/additions. • Track billing adjustments from SCE as street lights are acquired • Support WRCOG and its member jurisdictions with the Inventory, Inspection and Transition Activities as identified in the City’s Purchase and Sales Agreement (Agreement) with SCE

2. Street light pole tagging and field verification
Siemens will install street light pole tags during the installation of the LED street light fixture. The tags will either be furnished by WRCOG, member jurisdiction or by Siemens. The associated pole tags will be designed and approved with jurisdiction/regional street light numbering sequence by WRCOG and/or jurisdiction staff. Siemens will install pole tags and update the web based WRCOG database of information for each pole, referencing the associated pole number.

Siemens will verify street light asset attributes during the LED installation utilizing the web based WRCOG database. The information to be reaff irmed in the database upon conversion shall 365
Appendix 7 – City of Murrieta – Exhibit A
20323.00024\30695872.1
include condition of asset, GPS coordinates for each asset, pole type, pole height, arm length, luminaire type, wattage, lamp type, voltage, general pole condition, service feed type: overhead or underground, city and SCE pole structure number (in the case the numbers are different) and description of point of demarcation between jurisdiction and SCE facilities.

3. Procurement Support- LED Material Selection and Design (optional) Siemens can provide support in the p rocess of selecting and procuring fixtures for the project and provide recommendations to the City for final approval. This service includes identifying material vendors, soliciting proposals from vendors and performing a detailed evaluation of material proposals submitted.

Fixture selection is typically based on a variety of factors that ultimately will lead to identification of the best solution for the customer. Some of the factors considered are:
• Fixture efficiency
• Demonstrated durability
• Material cost
• Availability/production lead times
• Design functionality
• SCE rebate eligibility
• Life-cycle cost
Concurrent with the evaluation of fixture alternatives, Siemens can provide additional design support. This includes evaluating basic standard lighting configurations which exist on various street types throughout a jurisdiction. This includes reviewing current existing light levels, performing photometric analysis and recommended replacement fixture standards to apply throughout the conversion process. The process of ordering and staging replacement LED fixtures will be greatly aided by establishing these conventions. These services will be billed at a time and material basis per the labor rates outlined in Exhibit C. In the event that Siemens provides procurement services, Siemens will waive the fees associated with this service.

Project Implementation
The implementation phase addresses the various tasks needed to convert each newly acquired street light with a suitable LED fixture and process all data, billing and rebate applications.

Siemens will develop a City specific project plan which will include pre -construction meetings, staging of material, installation, and other acquisition and retrofit project milestones.

1. Procurement Support- LED Material Purchasing (optional) Siemens can direct purchase associated material for the project as approved by the WRCOG and member jurisdiction. This procurement support extends to all associated materials, such as LED fixtures, photocells, pole tags, lighting contr ols, poles, mast arms and all other associated street light system components. Siemens can receive, warehouse and manage all material prior to installation and process all warranty information with manufacturers as needed. Warranty 366
Appendix 7 – City of Murrieta – Exhibit A
20323.00024\30695872.1
information will be ret ained by Siemens with appropriate copies provided to the member jurisdiction for future use.

2. LED Fixture Installation
Siemens will coordinate and complete all aspects of the conversion of HID fixtures to LED fixtures. This includes coordinating with WRCO G staff regarding procurement, receiving materials at a jurisdiction facility during typical working hours, providing equipment and labor for the complete installation of LED fixture and associated materials and field update of WRCOG provided web based GIS database.

Prior to beginning conversion efforts, Siemens will coordinate all traffic control requirements with the member jurisdiction to gain approval for approved methods for various street configurations, including allowable working hours on arterials, in commercial areas and in residential neighborhoods. MUTCD standards will be adhered to.

Installation progress will be tracked on a daily basis by the project’s Siemens Field Supervisor and Project Manager, and a brief status report that includes projec t status and any current issues will be provided to WRCOG and the jurisdiction on a weekly basis.

3. House Side Shield Installation
Siemens will install manufacturer approved house -side shields on LED street lights, as instructed by member jurisdiction. All requests for shields will be reviewed and approved by member jurisdiction staff prior to installation. Siemens can collaborate with member jurisdiction on specific strategies for implementing house side shields during the LED conversion. Siemens will install house-side shield on up to 10% of new LED street lights upon request, within the first year. Full cost of material and labor included in retrofit costs.

Siemens recommends that house side shields for LEDs be installed at sites where HPS fixtures currently have them. The like -for-like replacement can increase customer satisfaction and reduce the amount of visits to the same location.

4. HID Fixture Disposal
Siemens will be responsible for all fixture disposal and recycling. Disposal of existing luminaries and any other discarded materials will follow all applicable California Recycle and Disposal Laws. Siemens will produce a recycling plan, to be approved by the member jurisdiction.

Following disposal, a manifest of disposal will be provided to the member jurisdiction, that specifies what was recycled, what was sent to the landfill, and how hazardous material was disposed of. Siemens reserves the right to select disposal and recycling firms. This includes use of approved bins and locations for temporary hol ding locations of fixtures, etc. All disposal costs, fees, etc. are included in the retrofit costs.

5. Record Documents
Following the completion of the implementation phase and City acceptance, Siemens will generate project close out documentation. This includes (but is not limited to) the following:
367
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• Final Installation Data
• A summary report of the LED installation database information updated throughout the installation. This is based on the WRCOG provided web based database. • As-built documentation (as-needed)
• As-built schedule of the project and a comparison of the actual installation vs. the • scheduled baseline.
• A summary of any scope changes that occurred
Siemens will prepare and submit the final rebate documentation to th e utility. In addition, Siemens will verify that the billing rate change has been submitted and accepted, and that the utility bill is correct.

Once the rebate is secured, the billing is verified then a final project closeout report will be generated. This will consist of a complete inventory database of the installed system with GIS locations and attributed of the LED street light system. Furthermore, this report will also include the final results of the rebate allocation, the energy savings to date an d the final estimated energy savings for future years, summarizing the final results of the project.

Maintenance Phase
This phase will begin once a member jurisdiction pays SCE for a group of assets. This will be done in phases to be determined by SCE, the City and Siemens.

The maintenance phase will transition from initial maintenance of the existing poles with HID fixtures to maintenance of existing poles with new LED fixtures as the project progresses.

Siemens will provide maintenance services for all fixtures acquired by the City from SCE and provide a monthly bill prorating the fixtures acquired throughout the previous month, by technology and fixture type.

General Maintenance will consist of all operations and repairs starting at the pull box or bott om of street light pole where the fuse holder or secondary power source necessary to keep all street lights operations, and associated wiring within the street light circuit.

1. Customer Service
Siemens will develop and implement a customer service portal fo r each member jurisdiction to effectively manage all incoming street light inquiries from public and from the member jurisdiction. General customer services include:
• 24/7 telephone and web based reporting service
• Web portal access for member jurisdiction and designated representatives • Quarterly reporting/summaries of customer inquiry activity • Customer service feedback survey

368
Appendix 7 – City of Murrieta – Exhibit A
20323.00024\30695872.1

2. Routine Street light Maintenance Duties
A base monthly fee is established for maintenance of the street light system on a per month, per light basis. Siemens will respond to standard maintenance calls within 5 working days. The fee will reflect the total number of lights being served along with and adjustments for special fixtures/poles.

Routine Maintenance tasks include but are not limited to:
• RMA of LED Fixture (Shipping and handling)
• Warranty management of defective LEDs
• Traffic Control
• General Cleaning During Call Out
• Outage Nights Checks
• Photocell Replacement
• Fuse Replacement
• Fuse Holders Replacement
• Hand Hole Covers (up to 0.05% of stock, annually)
• False Calls
The fee is expected to be all inclusive, with the sole exceptions being those items identified in the extraordinary maintenance section. Annual services include:
• System problem assessment/diagnostics
• Repair and replacement of damaged/inoperable fixture material o For HID fixtures this can include repair or replacement of constituent parts. Such as lamps, ballasts, starters, reflectors, diffusers, etc. o For LED fixtures this can include repair or replacement of constituent parts. Such as drivers, lenses, and LED arrays. Typically LED fixtures will be covered under warranty and will be processed accordingly.
• Photocell repair and maintenance
• Hand hole cover replacement of standard hand hole covers. Limited to 0.05% of stock annually.
• Coordination with 3
rd party attachment licensees
• Quarterly review of system operation (night check)
• General cleaning of fixture during maintenance call out • Customer service portal operations
• LED fixture warranty processing

3. Extraordinary Street light Maintenance Duties
Siemens recognizes that there will be situations that can and will occur during the maintenance phase of the project that are best addressed individually based on the actual occurrence and not covered under a monthly fixture price. Items such as accidents resulting in the street lights being damaged and replaced or the need for specialized shielding devices are expected to occur, tho ugh the frequency may vary considerably. These items are being defined as 369
Appendix 7 – City of Murrieta – Exhibit A
20323.00024\30695872.1
extraordinary maintenance and not included in the base monthly fee for standard maintenance.

The following items have specifically been identified as extraordinary maintenance:
• 24/7 emergency response and securing field location for basic public safety. This would typically include pushing pole out of the right -of-way or from private property, taping off the area of the debris, capping/taping live wires, checking street light cir cuit and documenting all work activities for insurance purposes. • Pole knockdown repair. Services can include:
o removal of all associated spoils and debris from original installation o installation of new street light pole and associated system components o installation of associated foundation
o Adjacent concrete repair/cap replacement
• House side shield installation (if occurs after year one) • Overhead wiring replacement
• Pole graffiti abatement
• Pole painting
• USA Dig Alert services

370

Appendix 7 – City of Murrieta – Exhibit B
20323.00024\30695872.1
EXHIBIT “B”

SCHEDULE OF SERVICES
Streetlight Timeline
Acquisition
Process
SCE sends
to CPUC
CPUC
approval
date
Est.

Financial
Closing
SCE
Transition
Start
Phase 1
Transition
(retrofit
start)
Phase 2 (if
needed)
Phase 3 (if
needed)
Phase 4 (if
needed)
Retrofit, O&M, LED fixture, and
financing GOALS
Retrofit, O&M
service selection
GOAL
Finance Closing
and LED
selection GOAL
LED fixture delivery date GOAL
City of
Murrieta
Complete Complete April 10 SCE
dependent;
est. Mid-
May, 2018
SCE
dependent;
est. Fall
2018

371

Appendix 7 – City of Murrieta – Exhibit C
20323.00024\30695872.1

EXHIBIT “C”

COMPENSATION

BILLING RATES

Item Description Unit Cost
Project Development
1 Street light
pole ID tag
This includes the labor for installation of a unique
pole ID tag for each pole. Pole tags will be affixed to poles with an adhesive, no riveting or drilling will be performed. The pole tags will be installed at the same
time as the LED fixture conversion.
$10.00/pole
Project Implementation
2 LED
replacement
Cobra head
This includes the costs for labor, equipment (trucks,
lifts, tools, traffic control, etc.) and materials needed to replace existing cobra head fixtures with a new
LED fixture. Includes update of WRCOG database
with model number installed and installation date.

This also included the cost for disposal of HID
materials.
$57.00/
Each
3 LED
replacement
Decorative
This includes the costs for labor, equipment (trucks,
lifts, tools, traffic control, etc.) and materials needed to replace existing post top fixtures with a new LED
fixture. Includes update of database with model
number installed and installation date. The cost per
pole shall not include the cost of the actual fixture.
$114.00/
Each
4 House side
shield
installation
As Separate
call
This includes the costs for installation only of new
house side shields including labor, equipment (trucks,
tools, etc.) and incidental materials needed for the
installation. Includes update of database. The cost
does not include the cost of the shield itself.
$64.00/
Each
Routine Maintenance- Pre-LED Conversion
5 HPS Fixture
Maintenance –
Cobra (labor,
materials,
equipment)
This includes the monthly costs for maintenance of
all HPS cobra head fixtures during the period from
acquisition of poles through retrofit with new LED
fixture. Costs include all labor, materials and
equipment needed to keep the existing fixtures
functioning properly until the new LED fixtures are
installed. This includes all anticipated costs for repairs $1.55/
each/month
372

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20323.00024\30695872.1
and maintenance during that time including bulb
replacements, ballast replacements, field calls etc. as assumed and prorated across the HPS inventory.
6 HPS Fixture
Maintenance –
Post Top Acorn
(labor,
materials,
equipment)
This includes the monthly costs for maintenance of
all HPS post top fixtures during the period from
acquisition of poles through retrofit with new LED
fixture. Costs include all labor, materials and
equipment needed to keep the existing fixtures
functioning properly until the new LED fixtures are
installed. This includes all anticipated costs for repairs and maintenance during that time including bulb
replacements, ballast replacements, field calls etc. as assumed and prorated across the HPS inventory.
$3.50/
each/month
7 HPS House
side shield
installation
(labor,
materials,
equipment)
This includes the cost for each HPS house side shield
installation that may be requested during the pre-
retrofit stage. Costs include all labor, equipment and
materials including the cost of the shield. These
would be billed on an individual basis (not monthly or
per pole being maintained).
$64.00/
Each
Maintenance- Post LED Conversion
8 LED Fixture
Maintenance
Cobra head
This includes the cost for all regular maintenance and
associated tasks to maintain the cobrahead fixtures in
the street light system. Detailed scope is included in
the Part 1. Scope of Work document above.
$0.65/
each/month
9 LED Fixture
Maintenance
Decorative
This includes the cost for all regular maintenance and
associated tasks to maintain the post top fixtures in
the street light system. Detailed scope is included in
the Part 1. Scope of Work document above.
$2.00/
each/month
10 LED
Replacement
Cobra head
This includes the costs for labor, equipment (trucks,
lifts, tools, traffic control, etc.) and materials needed to replace existing cobra head fixtures with a new
LED fixture. Includes update of WRCOG database
with model number installed and installation date.

This also included the cost for disposal of HID
materials.
$57.00/
Each
11 LED
Replacement
Decorative
This includes the costs for labor, equipment (trucks,
lifts, tools, traffic control, etc.) and materials needed to replace existing post top fixtures with a new LED
fixture. Includes update of database with model
number installed and installation date. The cost per
pole shall not include the cost of the actual fixture.
$114.00/
Each
12 House side This includes the costs associated with the $64.00/ 373

Appendix 7 – City of Murrieta – Exhibit C
20323.00024\30695872.1
shield
installation
installation of a house side shield on a LED fixture
excluding the cost of the actual shield. The costs
should include labor, equipment, tools and incidental
materials needed to complete a standard installation.

This assumes a standard cobra head style fixture and
a factory standard shield available for purchase (does
not include custom installations and decorative
fixtures).

Each
Extraordinary Maintenance
(Reference pricing only- this scope will be quoted on time and material basis) 13 Knockdown
pole
replacement
No foundation
This includes the costs associated with the
replacement of an entire street light pole, luminaire
arm, fixture and wiring typically associated with a
street light knockdown that does not require
replacement of the foundation. This is based on the
following assumptions: a 30 foot, marbelite pole with
a standard 150 watt equivalent LED cobra head
fixture.

The City understands that there will be considerable
variation in costs for these repairs under the contract and anticipates work being authorized individually
through a quote process.

Appendix 7 – City of Murrieta – Exhibit C
20323.00024\30695872.1
14 Knockdown
pole
replacement
with
foundation
This includes the costs associated with the
replacement of an entire street light pole, luminaire
arm, fixture and wiring typically associated with a
street light knockdown that does require
replacement of the foundation. This is based on the
following assumptions: a 30 foot, marbelite pole with
a standard 150 watt equivalent LED cobra head
fixture.

The City understands that there will be considerable
variation in costs for these repairs under the contract and anticipates work being authorized individually
through a quote process.

These repairs will not be completed as part of an
initial emergency response. Costs are based on a
single replacement with work completed during
normal work hours scheduled within the requested
repair interval.
$6,925.00/
Each
15 Pull box lid
replacement
This includes the cost of labor, materials and
equipment to purchase, supply and replace a pull box
lid with a fiberlyte lid due to damage or missing lid.
$165.00/
Each
16 Pole graffiti
abatement
This includes the estimated cost per pole to remove
or cover reported graffiti. Costs include labor,
equipment and materials needed to complete each
individual abatement assuming time required to
abate graffiti is less than 30 minutes. Work limited to under 4SF and/or lower than 7ft.

$65.00/
Each
17 Overhead
wiring
replacement
Total cost to repair or replace damaged overhead
wiring. Cost provided per foot of wire being replaced.

Costs include labor, equipment and materials to
complete the repair during normal working hours.

The City understands that there will be considerable
variation in costs for these repairs under the contract and anticipates work being authorized individually
through a quote process.

$15/foot, or
lump sum
as quoted
18 Pole painting
This includes the costs on a per occurrence (per pole)
basis for all labor, equipment and materials needed
to prep and paint a standard metal street light pole
(assume 30 foot). It is assumed that a minimum of 5
poles and a maximum of 20 poles would be
$479.00/
Each
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20323.00024\30695872.1
scheduled for painting as a group.
19 USA Dig Alert
Siemens typically prices this service out on a per
occurrence basis. This includes the following:

Siemens technician identifies the point of
demarcation on site using field equipment. This is
typically limited to approximately 100-150 linear ft
per call out.
$225.00/
Each

Siemens will evaluate maintenance contract values annually and discuss any needed adjustments with member jurisdictions. Siemens typically utilizes the US Consumer Price Index to calculate annual escalations.

Schedule of Values- Time and Material Rates

1. Labor Regular Time* Overtime* Premium Time*
Maintenance
Superintendent $105.00 $135.00 $160.00
Foreman $105.00 $135.00 $160.00
Electrician $98.00 $125.00 $145.00
Laborer $85.00 $115.00 $135.00
Energy Engineer $180.00 N/A N/A

2. Equipment Rate per Hour
Bucket Truck $28.00
Service Truck $25.00

3. Material Mark up (from actual invoice cost)
Street light LED Retrofit Installation
Materials 15%
Street light Maintenance Materials 15%
* Work hours are as follows:
o Regular Hours – 7:30am to 4:00pm Monday Thru Friday except Holidays o Overtime

1. Monday thru Friday after 4:00pm (for the first four hours)

2. Saturday for the first 12 hours worked
o Premium Time

1. Monday thru Saturday After 12 working hours

2. Sunday & Holidays all day (24 hours)

376

CITY OF MURRIETA
City Council Meeting Agenda
Report
12/19/2023
Agenda Item No. 8.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Director of Public Works
PREPARED BY: Jeff Hitch, City Engineer
SUBJECT: Approve a Two-Year Extension to Comply with Assembly Bill 2234 Online Permitting System Requirements

RECOMMENDATION
Approve an extension of up to two years as allowed by California Government Code Section 65913.3.5 by making a written finding that adopting an online permitting system by January 1, 2024, would result in a substantial increase in permit fees and that the City of Murrieta has initiated a procurement process to complete the online permitting system by January 1, 2026.

PRIOR ACTION/VOTE
None.

CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.

BACKGROUND
Governor Newsom approved Assembly Bill (AB) 2234 on September 28, 2022, which is an act to amend Section 65589.5 and add Sections 65913.3 and 65913.3.5 to the Government Code relating to planning and zoning. The main objectives of the legislation were to require agencies to provide expanded information and streamline and limit submittal review time frames for post-entitlement phase permits. These types of permits in the City of Murrieta (City) generally include building permits, grading permits, and off-site street improvement encroachment permits. The general provisions of AB 2234 require the City to do the following by January 1, 2024:

1. Compile a list of information needed to approve or deny a post-entitlement phase permit;

2. Post an example of a complete, approved application and an example of a complete set of post- entitlement phase permits for at least five types of housing development projects;

3. Provide an option for post-entitlement phase permits to be applied for, completed, and retrieved by the applicant on the City’sinternet website, and accept applications for post-entitlement phase permits by electronic mail until that process has been established; and

4. Establish time limits for completing reviews regarding whether an application for a post-entitlement CITY OF MURRIETA Printed on 12/14/2023Page 1 of 2
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12/19/2023
Agenda Item No. 8.
phase permit is complete.

AB 2234 allows for an extension of up to two years for the City to comply with the requirement for permits to be applied for, completed, and retrieved by the applicant on the City’sinternet website. The City has online permit processing software called EnerGov, which went live in February 2023. While the software is currently being used, it does not meet the requirements of AB 2234. Attempting to do so by January 1, 2024, would require the system owner, Tyler Technologies, Inc, to allocate resources on a short notice or emergency basis, resulting in significant expenditures. The City can recover costs associated with system updates as part of the annual user fee permit fees. The City has current contracts with Tyler Technologies, Inc., to provide updates and modifications to the software. Software modifications are anticipated to be completed to achieve compliance with AB 2234 within the two-year extension period by January 1, 2026.

FISCAL IMPACT
Currently, the total cost associated with the EnerGov system modifications to ensure compliance with AB 2234 is unknown. An amendment to the existing agreement will require additional funding, either to extend the contract amount or scope of work. City staff will bring a report for City Council consideration to amend the agreement with Tyler Technologies, Inc., once the costs and scope of work to update the EnerGov software are determined.

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CITY OF MURRIETA
City Council Meeting Agenda
Report
12/19/2023
Agenda Item No. 9.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Chantarangsu, Development Services Director PREPARED BY: David Chantarangsu, Development Services Director SUBJECT: Adoption of an Urgency Ordinance Pursuant to California Government Code Section 65858 Prohibiting the Establishment of Medical Cannabis Delivery Businesses for 45 Days, to Include an Exemption from the California Environmental Quality Act

RECOMMENDATION
Adopt the proposed Urgency Ordinance No. U-600-23 entitled: An Interim Urgency Ordinance of the City Council of the City of Murrieta, California, Establishing A 45-Day Temporary Moratorium on the Establishment or Expansion of Medical Marijuana Dispensaries or Facilities, and Mobile Medical Marijuana Dispensaries Within City Limits, Declaring the Urgency Thereof and Finding an Exemption Under the California Environmental Quality Act to be adopted by 4/5ths vote of the City Council.

PRIOR ACTION/VOTE
None.

CITY COUNCIL GOAL
Provide a high level of innovative public safety.

BACKGROUND
Senate Bill (SB) 1186, known as the Medicinal Cannabis Patients’ Right of Access Act, bans cities from prohibiting - directly or indirectly - the retail delivery of medicinal cannabis to patients or caregivers. In enacting the legislation, the State determined that access to medicinal cannabis is an integral aspect of access to health care and sought to ensure that Californians throughout the State have timely and convenient access to safe, effective, and affordable medicinal cannabis (Cal. Bus. & Prof. Code § 26320). The City of Murrieta (City) is contemplating the development of locational and operational standards for medical cannabis delivery businesses. Until these standards can be adopted, it is prudent to prohibit the establishment of such businesses to ensure they do not conflict with standards the City may establish.

When a city contemplates the adoption of new development standards, state law (Government Code Section 65858) provides a city with the ability to adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated zoning proposal. This would apply to the city’sintent to evaluate and adopt development and operational standards for medical cannabis delivery businesses. Without the enactment of the 45-day period prohibiting the establishment of medical cannabis delivery businesses, it CITY OF MURRIETA Printed on 12/14/2023Page 1 of 2
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Agenda Item No. 9.
the enactment of the 45-day period prohibiting the establishment of medical cannabis delivery businesses, it could be possible for such businesses to be located near sensitive uses such as schools and residences, and without any operational standards addressing security, access, signage, storage, or disposal that would ensure medical cannabis delivery businesses can locate and operate within the city in a manner that is safe and secure while avoiding impacts to public health and safety.

Staff anticipates bringing forward development standards for consideration by the Planning Commission and City Council through the normal adoption process for zoning code amendments as prescribed by state law and the Murrieta Municipal Code (MMC) in the first quarter of 2024. Staff notes ordinances adopted by urgency measure pursuant to Government Code Section 65858 become effective immediately and must pass by a 4/5ths majority vote of the City Council. Existing City standards found in Section 16.44.250 of the MMC that currently prohibit the establishment of a medical cannabis delivery business will be pre-empted by the new state regulations on January 1, 2024. The City will have no regulations in place to address the establishment of such businesses unless the interim ordinance is adopted, followed by the adoption of permanent regulations.

ENVIRONMENTAL
Environmental review is not required under the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Title 14, Chapter 3, Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, Cal. Code of Regs, Title 14, Chapter 3, because it has no potential to result in a physical change to the environment, directly or indirectly. This is because the moratorium adopted by the proposed interim ordinance merely prohibits uses that have significant impacts on public health, safety, and welfare and does not permit any development that could result in a significant change to the environment. Furthermore, the moratorium established by the proposed ordinance is temporary pending further study and investigation. In addition, the proposed ordinance is categorically exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines because this ordinance is a regulatory action taken by the City in accordance with Government Code Section 65858 to assure maintenance and protection of the environment pending further review of the potential impacts of medical marijuana facilities and mobile medical marijuana dispensaries in the City and potential modifications to the MMC.

FISCAL IMPACT
There is no fiscal impact associated with this action.

ATTACHMENTS

1. Ordinance No. U-600-23
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INTERIM URGENCY ORDINANCE NO. U-600-23

AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF MURRIETA, CALIFORNIA, ESTABLISHING A 45 -DAY

TEMPORARY MORATORIUM ON THE ESTABLISHMENT OR

EXPANSION OF MEDICAL MARIJUANA DISPENSARIES OR

FACILITIES, AND MOBILE MEDICAL MARIJUANA DISPENSARIES

WITHIN CITY LIMITS, DECLARING THE URGENCY THEREOF AND

FINDING AN EXEMPTION UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

Summary: This ordinance establishes, for 45 days, the City’s ban on the establishment or expansion of medical marijuana dispensaries, facilities, and mobile medical marijuana dispensaries within Murrieta.

WHEREAS, the City of Murrieta (“City”) has the authority under its police power, to enact regulations for the public peace, morals, and welfare of the City; and WHEREAS, the City currently regulates marijuana dispensaries and distribution facilities, the for-profit cultivation of marijuana, and the indoor personal cultivation of marijuana within the City under Section 16.44.250 of the Murrieta Municipal Code (“MMC”); and WHEREAS, under MMC Section 16.44.250, marijuana cultivation is not a permitted use and is prohibited in all zones throughout the City, except for indoor personal cultivation of marijuana; and
WHEREAS, under MMC Section 16.44.250, any violation of marijuana regulations shall constitute a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment; and
WHEREAS, under MMC Section 16.44.250, th e operation of any mobile marijuana dispensary and marijuana delivery within the City is a public nuisance, and may be abated by the City, including through declaratory relief and civil injunction. Failure to abate a public nuisance constitutes a misdemean or punishable by a fine not to exceed one thousand dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment; and WHEREAS, under Senate Bill No. 1186 (“SB 1186”), signed into law by Governor Newsom on September 18, 2022, and effective January 1, 2024, a local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal marijuana to medicinal marijuana patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal marijuana to medicinal marijuana patients or their primary caregivers by licensed medicinal marijuana businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal marijuana patients within the local jurisdiction; and WHEREAS, the City desires to amend its existing regulations govern ing the sale and delivery of medical marijuana in order to bring the MMC sufficiently into compliance with SB 1186. City staff intends to study, within a reasonable time, land use regulations related to the sale 381
Urgency Ordinance No. U-600-23

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01375.0005/944047.1
and delivery of medical marijuana so that it may consider modifications to the MMC and potential local regulations for such uses; and
WHEREAS, medical marijuana facilities and medical marijuana delivery services present challenges and impacts to the health, safety, and welfare of City residents due to secondary impacts and effects associated with marijuana and related activities, including but not limited to, sales of marijuana to minors, drug sales, robbery, burglaries, assaults, and other violent crimes, fraud in obtaining or using medical marijuan a identification cards, and increased demands on police and other valuable and scarce city administrative, financial, or personnel resources; and WHEREAS, the City anticipates that medical marijuana facility operators and mobile medical marijuana dispensaries may seek to establish facilities and delivery services, or desire to expand existing facilities and delivery services into the City, before a non -urgency ordinance amending the MMC to enact such regulations would become effective; and WHEREAS, California Government Code Sections 36934, 36937, and 65858 expressly authorize the City Council to adopt an urgency ordinance for the immediate preservation of the public peace, health, or safety and to prohibit a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time; and WHEREAS, an initial period of 45 days will permit City staf f to undertake an initial investigation of these matters and recommend a course of action to the City Council, while avoiding the potential adverse impacts of medical marijuana facilities and mobile medical marijuana dispensaries and related activities tha t may arise as the City develops permanent regulations; and
WHEREAS, pursuant to the above -described express statutory authority and its police power, the City Council desires, on an urgency basis, to enact a temporary prohibition on the establishment or expansion of medical marijuana facilities and mobile medical marijuana dispensaries within the City; and
WHEREAS, the City Council, after notice duly given as required by law, held a public hearing on December 19, 2023, at 6:00 p.m., in the City Hall council chamber to consider this proposed Interim Urgency Ordinance, and heard all arguments for and against this proposal.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The foregoing recit als are true and accurate and are adopted herein by reference.

SECTION 2. Findings
A. The City Council desires to provide for the public safety, health and welfare of the residents and visitors to the City by exercising its pol ice power authority under Section 7 of Article XI of the California Constitution. Based on the findings and evidence set forth below, the City Council finds that the establishment and expansion of medical marijuana facilities and mobile medical marijuana dispensaries presents a current and immediate threat to the public welfare within the City. At this time, existing regulations within the MMC governing the development and use of medical marijuana facilities and mobile medical marijuana dispensaries are no t sufficient to address the adverse effects of the establishment and expansion of such uses. 382
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B. The MMC currently prohibits medical marijuana facilities and mobile medical marijuana dispensaries as uses within the City. Pursuan t to SB 1186, the City would not be permitted to enforce its existing regulations related to medical marijuana facilities and mobile medical marijuana dispensaries as of January 1, 2024, to the extent that they conflict with state law. The City Council finds that failure to adopt such an urgency moratorium would impair the orderly and effective implementation of contemplated amendments to the MMC that would regulate medical marijuana facilities and mobile medical marijuana dispensaries while complying with SB 1186, and without such implementation, the City’s public health, safety, and welfare would be threatened as proper zoning and regulations protecting the public health, safety and welfare would be lacking.

C. The City Council additionally finds that the public welfare will be threatened if any medical marijuana facilities and delivery service uses are approved within the City without first studying and evaluating the fiscal, community, and public welfare i mpacts associated with medical marijuana facilities and mobile medical marijuana dispensary, including but not limited to, public welfare concerns related to crime and health and safety impacts of the sale of marijuana; increased demands on police and othe r valuable and scarce city administrative, financial, or personnel resources; compatible zoning regulations appropriate for medical marijuana facilities; and existing City policies and goals set forth in the General Plan and MMC applicable to these uses. Based on this evidence, the City Council finds that the adoption of this Interim Ordinance is necessary for the immediate preservation of the public safety, health and welfare.

D. The City Council finds that this moratorium is a matter of local and Citywide importance and is not directed towards any particular person or entity that seeks to operate medical marijuana facilities and mobile medical marijuana dispensaries.

SECTION 3. CEQA Findings
The City Council finds that this Interim Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15061(c)(3) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15378 (the activity is not a project under CEQA) of the CEQA Guidelines, because it has no potential for resulting in physical change to the environment, directly or indirectly. This is because the moratorium adopted by this Interim Ordinance merely prohibits uses that have significant impacts on public health, safety and welfare, and does not permit any development that could result in a significant change to the environment. Furthermore, the moratorium established by this Interim Ordinance is temporary pending further study and investigation. In addition, the Interim Ordinance is categorically exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines, because this ordinance is a regulatory action taken by the City in accordance with Government Code Section 65858 to assure maintenance and protection of the environment pending further review of the po tential impacts of medical marijuana facilities and mobile medical marijuana dispensaries in the City and potential modifications to the MMC.

SECTION 4. Declaration of Moratorium
A. In accordance with Government Code section 65858, and pursuant to the findings stated above, the City Council hereby: (1) finds that there exists a current and immediate threat to the public safety, health and welfare requiring this Interim Ordinance; (2) finds that this Interim Ordinance is necessary for the immediate preservation of the public peace, health, and safety; and 383
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(3) declares and imposes a temporary moratorium for the immediate preservation of the public safety, health and welfare as set below in this Section 4.

B. For a period of 45 days from the date of the adoption of this ordinance, applications for medical marijuana facilities and mobile medical marijuana dispensaries will not be accepted and no permit, licens e, approval, or entitlement for medical marijuana facilities or mobile medical marijuana dispensaries within the City limits will be issued after this Interim Ordinance becomes effective.

C. For purposes of this ordinance, “medical marijuana” means medicinal cannabis/marijuana and medicinal cannabis/marijuana products, intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362 .5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation, or in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.

D. For purposes of this ordinance, “medical marijuana facility” means any for profit or not - for-profit cooperative, collective, facility, operator, establishment, provider, association or similar entity that cultivates, distributes, dispenses, stores, exchanges, processes, delivers, makes available, transmits and/or gives away medical marijuana in the City for any purpose, whether for medical, personal, or any other use.

E. For purposes of this ordinance, “mobile medical marijuana dispensary” means any person, clinic, cooperative, club, business, group or other entity which transports or delivers, or arranges the transportation or delivery, of medical marijuana to a person.

SECTION 5. Penalty
A violation of any provi sion of this Interim Ordinance shall constitute a violation of the Municipal Code and is subject to all applicable penalties, fines, and remedies described in Title 1 of the MMC. Each and every day a violation of this Interim Ordinance exists shall constitute a separate and distinct violation of the Municipal Code.

SECTION 6. Investigation and Report During Term of Moratorium During the term of this Interim Ordinance, the Development Services Director is directed to study appropriate modifications to the MMC to mitigate the conditions outlined in Section 2 above that may arise out of developing, maintaining, and expanding medical marijuana facilities and mobile medical marijuana dispensaries . The study shall include but not be limited to the prohibition and/or regulation of all such uses. The Development Services Director is further directed to report back to the City Council with his findings at least 10 days prior to the expiration of this Interim Ordinance.

SECTION 7. Effective Date; Findings of Urgency; and Duration A. This Interim Ordinance is adopted as an urgency ordinance pursuant to the provisions of Government Code Sections 65858, 36934 and 36937, and shall take effect immediately upon its adoption. Based upon the findings set forth in the recitals and Section 2 above, the City Council finds and determines that the adoption of this Interim Ordinance is an urgency ordinance authorized by Government Code Section 65858, and is necessary for the immediate preservation of the public health, safety, and welfare. 384
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B. Pursuant to Government Code Section 65858(a), this Interim Ordinance shall be adopted by not less than a four -fifths vote of the City Council and shall be in effect for 45 days.

Upon notice and public hearing, the City Council may further extend the Interim Ordinance by an additional 10 months and 15 days, and subsequently extend the Interim Ordinance by an additional year, if necessary. Not later than ten (10) days prior to the expiration of this Interim Urgency Ordinance, the City Council shall issue a written report as required by applicable state law.

SECTION 8. Severability
If any section, subsection, sentence, clause, or phrase of this Interim Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

The City Council hereby declares that it would have passed this Interim Ordinance, and each and every section, subsection, sentence, clause and phrase thereo f not declared invalid or unconstitutional without regard to whether any portion of the Interim Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 9. Publication
Within fifteen (15) days after the adoption of the ordinance, the City Clerk shall publish a summary of the ordinance with the names of the council members voting for and against the ordinance.

ADOPTED by the City Council this 19th day of December, 2023.

_______________________________
Lisa DeForest, Mayor

ATTEST:

____________________________
Cristal McDonald, City Clerk

APPROVED AS TO FORM:

____________________________
Tiffany J. Israel, City Attorney

385
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I, Cristal McDonald, City Clerk of the City of Murrieta, California, hereby certify under penalty of perjury that the foregoing Interim Urgency Ordinance No. U-600-23 was duly and regularly adopted at a meeting of the City Council on the 19th day of December, 2023 by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________
Cristal McDonald, City Clerk

I, Cristal McDonald, City Clerk of the City of Murrieta, California further certify that Ordinance No. U-600-23 was duly published according to law and the order of the City Council of said City and the same was so published in Press Enterprise, a newspaper of general circulation on the following date(s):

Adopted Ordinance:

In witness whereof, I have hereunto subscribed my name this __ day of ______________, 2023.

____________________________
Cristal McDonald, City Clerk

386

CITY OF MURRIETA
City Council Meeting Agenda
Report
12/19/2023
Agenda Item No.

Subject:

Received After Agenda Printed - GBA
CITY OF MURRIETA Printed on 1/5/2024Page 1 of 1
powered by Legistar™
387

MURRIETA CITY COUNCIL
Governing Body Announcements:

Council Member Warren
December 19, 2023
Received After Agenda Printed
12/19/23 - Regular Meeting
Presentation (GBA)
388
Governing Body Announcements:

Council Member Warren
December 6, 2023 Attended Murrieta Police Department’s Swearing-In and Promotional Ceremony. 389
Governing Body Announcements:

Council Member Warren
December 7, 2023
Attended Professional Women’s Roundtable General Meeting – Where 2,730 jars of peanut butter were collected and distributed to our local food pantries and 93 blankets collected for distribution to in need senior citizens in our area. 390
Governing Body Announcements:

Council Member Warren
December 9, 2023 Attended the Murrieta Police Department’s Shop with a Cop program. 391
Governing Body Announcements:

Council Member Warren
December 11, 2023 Presented certificates to students at Cronin Gym West Coast Jiu-Jitsu for International and National Awards earned in their specific disciplines.
392
Governing Body Announcements:

Council Member Warren
December 12, 2023 Attended the SAFE Toy Drive at Murrieta VIP Florist.

December 13, 2023 Took a tour of the Murrieta Hot Springs Resort.

December 14, 2023 Attended the Murrieta Chamber of Commerce Networking Breakfast at The Cove Restaurant. The breakfast will be held at El Patron Restaurant starting in January, 2024.

December 16, 2023 Attended the Project Touch “Shelter from the Storm” Fundraising Dinner.

December 18, 2023 Attended the Knoll’s Ladies Society Christmas Luncheon. 393

MURRIETA CITY COUNCIL
Governing Body Announcements:

Council Member Holliday
December 19, 2023
Received After Agenda Printed
12/19/23 - Regular Meeting
Presentation (GBA)
394
Governing Body Announcements:

Council Member Holliday
December 6, 2023
December 6, 2023
December 9, 2023
December 16, 2023
December 18, 2023
Attended the Murrieta Police Department swearing in and promotion ceremony.

Attended MilVet Toy Drive with Senator Kelly Seyarto.

Attended the Murrieta Museum open house.

Attended Project Touch, Shelter from the Storm.

Attended the Cal Cities insurance crisis update.
395
Governing Body Announcements:

Council Member Holliday
December
7, 11-14, 2023
Attended Santa Stops.
396

MURRIETA CITY COUNCIL
Governing Body Announcements:

Council Member Levell
December 19, 2023
Received After Agenda Printed
12/19/23 - Regular Meeting
Presentation (GBA)
397
Governing Body Announcements:

Council Member Levell
December 13, 2023 Attended the Fresinous ribbon cutting.

December 11-14, 2023 Attended Santa Stops.
398
Governing Body Announcements:

Council Member Levell
December 14, 2023 Attended the Chamber Networking Breakfast with the City. 399

MURRIETA CITY COUNCIL
Governing Body Announcements:

Mayor DeForest
December 19, 2023
Received After Agenda Printed
12/19/23 - Regular Meeting
Presentation (GBA)
400
Governing Body Announcements:

Mayor DeForest
November 28, 2023 Attended Coffee with the City.

November 28, 2023 Attended a lunch at Michi Tacos in Menifee.

November 29, 2023 Had a Zoom call for the upcoming Council Workshop.

December 2, 2023 Attended Donuts with Santa.
401
Governing Body Announcements:

Mayor DeForest
December 2, 2023 Attended the Festival of Tree Lighting at Townsquare Spark. 402
Governing Body Announcements:

Mayor DeForest
December 4, 2023 Attended Santa Stops.
403
Governing Body Announcements:

Mayor DeForest
December 5, 2023 Attended the Economic Outlook event.

December 6, 2023 Attended the Murrieta Police Department Swearing in and Promotions.

December 7, 2023 Attended Fine Arts Class of Murrieta Elementary School with Supervisor Washington’s office supporting our seniors with $25 gift cards to Stater Bros. 404
Governing Body Announcements:

Mayor DeForest
December 9, 2023 Attended Murrieta Police Officers Association Shop with a Cop. 405
Governing Body Announcements:

Mayor DeForest
December 15, 2023 Donated Food to Collection at the Sr. Center. 406

MURRIETA CITY COUNCIL
Governing Body Announcements:

Mayor Pro Tem Stone
December 19, 2023
Received After Agenda Printed
12/19/23 - Regular Meeting
Presentation (GBA)
407
Governing Body Announcements:

Mayor Pro TemStone
Various Dates
Attended the Linden Veterans event.

Attended the Field of Honor candlelight concert.

Attended the MilVet military care package event.

Attended the Chamber breakfast mixer.

Attended the Field of Honor Marine Corps Birthday Celebration.

Attended the Veterans Parade.

Attended the Vietnam Wall unveiling.
408
Governing Body Announcements:

Mayor Pro TemStone
Various Dates
Attended the Miss April dance event.

Attended the Republican women luncheon.

Attended Assembly Member Sanchez’s Business of the Year, awarded to Calhoun’s restaurant.

Spoke at the National Alliance on Mental Illness meeting with the Susan G. Komen foundation.

Attended a meeting with Senator Kelly Seyarto.

Attended the Festival of Trees event.

Attended Murrieta Police Department awards ceremony.
409
Governing Body Announcements:

Mayor Pro TemStone
Various Dates
Met with Patrick Ellis.

Attended the Oak Grove holiday concert.

Attended Santa Stops three times.

Toured Murrieta Hot Springs.

Met with Liz Jones.

Attended the Project Touch fundraiser.

Attended the Blue Light Ceremony.
410

Murrieta City CouncilDecember 19, 2023

Murrieta City Council
December 19, 2023