Murrieta City Council
February 20, 2024

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V. PD 06.01.2015-0048

1. This Agreement shall commence on the Effective Date and shall remain in full force and effect for as long as any SOW is in effect between CivicPlus and Customer, or Services are being provided by CivicPlus to Customer, unless terminated in accordance with this §1 or as otherwise provided in this Agreement (the “Term”). Either Party may terminate this Agreement or any SOW as set forth in such SOW, or at its discretion, effective immediately upon written notice to the other Party, if the other Party materially breaches any provision of this Agreement and does not substantially cure the breach within thirty (30) days after receiving notice of such breach. A delinquent Customer account remaining past due for longer than 90 days is a material breach by Customer and is grounds for CivicPlus termination. CivicPlus reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, Customer’s non- payment.

Upon termination for Customer’s breach, Customer’s right to access or use Customer Data immediately ceases, and CivicPlus shall have no obligation to maintain or forward any Customer Data.

2. Upon termination of this Agreement or any SOW for any reason, (a) the licenses granted for such relevant SOW by §11 below will terminate and Customer shall cease all use of the CivicPlus Property and Services associated with the terminated SOW and (b) any amounts owed to CivicPlus for work performed prior to termination shall immediately become due in full and payable. If Customer has paid in advance for the Services, and this Agreement terminates due to material breach of this Agreement by CivicPlus, CivicPlus shall refund Customer a prorated amount of any amount already paid. Upon termination by Customer for convenience or due to material breach by Customer, in addition to any remedy provided in this Agreement or provided in law or equity, CivicPlus shall be entitled to retain any amounts already paid. Sections 7, 8, 10, 14, 15, 18, 32 - 34, 40, and 42 will survive any expiration or termination of this Agreement.

3. At any time during the Term, CivicPlus may, immediately upon notice to Customer, suspend Customer and any of its Users access to any Service due to a threat to the technical security or technical integrity of the Services.

Invoicing & Payment Terms

4. Customer will pay the amounts owed to CivicPlus for the development and implementation of the Customer’s Services, as defined in the SOW (“Project Development”), subscription and licensing, and annual hosting, support, and maintenance services (“Annual Recurring Services”) in accordance with the payment schedule set forth on the applicable SOW. Invoices shall be sent electronically to the individual/entity designated in the SOW’s contact sheet that is required to be filled out and submitted by Customer (the “Contact Sheet”). Customer shall provide accurate, current and complete information of Customer’s legal business name, address, email address, and phone number in the Contact Sheet upon submission of a signed SOW. Customer will maintain and promptly update the Contact Sheet information if it should change. Upon Customer’s request, CivicPlus will mail hard- copy invoices for a $5.00 convenience fee to be added to the mailed invoice.

5. Each SOW will state the amount of days from date of invoice payment is due. Unless otherwise limited by law, a finance charge of 1.5 percent (%) per month or the maximum rate permitted by applicable law, whichever is less, will be added to past due accounts from due date until paid. Payments received will be applied first to finance charges, then to the oldest outstanding invoice(s). If the Customer's account exceeds 60 days past due, support will be discontinued until the Customer's account is made current. If the Customer's account exceeds 90 days past due, CivicPlus may suspend in progress Project Development and Annual Recurring Services will be discontinued, and the Customer will no longer have access to the Services until the Customer's account is made current. Customer will be given 15 days’ notice prior to discontinuation of Services for non- payment.

6. During the performance of Project Development, if Customer requests a change that requires repeated efforts to previously approved work product and such change causes CivicPlus to incur additional expenses (i.e. airline change fees, resource hours, consultant fees, Customer does not show up for scheduled meetings or trainings), Customer agrees to reimburse CivicPlus for such additional expenses. CivicPlus shall notify Customer prior to incurring such expenses and shall only incur those expenses which are approved by Customer.

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Ownership & Content Responsibility

7. Upon full and complete payment of amounts owed for Project Development under the applicable SOW, Customer will own any website graphic designs, Services content, module content, importable/exportable data, and archived information (“Customer Content”) created by CivicPlus on behalf of Customer pursuant to this Agreement. “Customer Content” also includes, without limitation, any elements of text, graphics, images, photos, audio, video, designs, artworks, logos, trademarks, services marks, and other materials or content which Customer provides to CivicPlus for processing, transmission, storage, or inputs into any website, software or module in connection with any Services. Customer Content excludes any content in the public domain and any content owned or licensed by CivicPlus, whether in connection with providing Services or otherwise.

8. Upon completion of the Project Development, Customer will take over the management and control of the Services and Customer will assume full responsibility for Customer Content maintenance and administration.

Customer, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Content. Customer hereby grants CivicPlus a worldwide, non-exclusive right and license to reproduce, distribute and display the Customer Content as necessary to provide the Services. Customer represents and warrants that Customer owns all Customer Content or that Customer has permission from the rightful owner to use each of the elements of Customer Content and that Customer has all rights necessary for CivicPlus to use the Customer Content in connection with providing the Services. Customer agrees that CivicPlus shall not be responsible or liable for the content of messages created by Customer or by Customer’s Users or end-users who access Service. Notwithstanding the foregoing, CivicPlus retains the right, but not the obligation, to remove any Customer Content that is libelous, harassing, abusive, fraudulent, defamatory, excessively profane, obscene, abusive, hate related, violent, harmful to minors, that advocates racial or ethnic intolerance, intended to advocate or advance computer hacking or cracking, or other material, products or services that violate or encourage conduct that would violate any laws or third-party rights.

9. At any time during the term of the applicable SOW, Customer will have the ability to download the Customer Content and export the data that is processed through the Services (“Customer Data”). Customer may request CivicPlus to perform the export of Customer Data and provide the Customer Data to Customer in a commonly used format, at any time, for a fee to be quoted at time of request and approved by Customer. Upon termination of the applicable SOW for any reason, whether or not Customer has retrieved or requested the Customer Data, CivicPlus reserves the right to permanently and definitively delete the Customer Content and Customer Data held in the Services thirty (30) days following termination of the applicable SOW. During the thirty (30) day period following termination of the SOW, regardless of the reason for its termination, Customer will not have access to the Services.

10. Intellectual Property in the software or other original works created by or licensed to CivicPlus, including all software source code, documents, and materials used in performing the Services (“CivicPlus Property”) will remain the property of CivicPlus. CivicPlus Property specifically excludes Customer Content. Customer shall not:

A. license, sublicense, sell, resell, reproduce, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any CivicPlus Property in any way, except as specifically provided in the applicable SOW;
B. adapt, alter, modify, or make derivative works based upon any CivicPlus Property; C. create internet “links” to the CivicPlus Property software or “frame” or “mirror” any CivicPlus Property administrative access on any other server or wireless or internet-based device that may allow third-party entities, other than Customer, to use the Services;
D. reverse engineer, decompile, disassemble, or otherwise attempt to obtain the software source code to all or any portion of the Services;
E. make any attempt to gain unauthorized access to the Services and/or any of CivicPlus’ systems or networks; or
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F. access any CivicPlus Property in order to:

1. build a competitive product or service,

2. build a product using similar ideas, features, functions or graphics of any CivicPlus Property, or

3. copy any ideas, features, functions or graphics of any CivicPlus Property.

The CivicPlus name, the CivicPlus logo, and the product and module names associated with any CivicPlus Property are trademarks of CivicPlus, and no right or license is granted to use them outside of the licenses set forth in this Agreement.

11. Provided Customer complies with the terms and conditions herein, the relevant SOW, and license restrictions set forth in §10, CivicPlus hereby grants Customer a limited, nontransferable, nonexclusive, non- assignable license to access and use the CivicPlus Property associated with any valid and effective SOW, for the term of the respective SOW. The license set forth herein, shall only apply to the extent that Customer is using the Services for legitimate business use as intended by the purpose of the Services and not for the purpose of comparing the Services to a competitor or similar product of CivicPlus. Customer hereby warrants and affirms its purpose in accessing or otherwise using the Services is for their intended purpose only and understands and agrees that any other use shall be considered fraud.

12. All CivicPlus helpful information and user’s guides for the Services (“Documentation”) are maintained and updated electronically by CivicPlus and can be accessed through the CivicPlus “Help Center”. CivicPlus does not provide paper copies of its Documentation. Customer and its Users are granted a limited license to access Documentation as needed. Customer shall not copy, download, distribute, or make derivatives of the Documentation.

13. Customer acknowledges that CivicPlus may continually develop, alter, deliver, and provide to the Customer ongoing innovation to the Services, in the form of new features and functionalities. CivicPlus reserves the right to modify the Services from time to time. Any modifications or improvements to the Services listed on the SOW will be provided to the Customer at no additional charge. In the event that CivicPlus creates new products or significant enhancements to the Services (“New Services”), and Customer desires these New Services, then Customer will have to pay CivicPlus the appropriate fee for the access to and use of the New Services. CivicPlus shall use commercially reasonable best efforts to provide workarounds in the event any modification to the Services causes Customer to lose substantial functionality of the Services.

14. CivicPlus in its sole discretion, may utilize all comments and suggestions, whether written or oral, furnished by Customer to CivicPlus in connection with its access to and use of the Services (all reports, comments and suggestions provided by Customer hereunder constitute, collectively, the “Feedback”). Customer hereby grants to CivicPlus a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate the Feedback in the CivicPlus products and services.

Indemnification

15. CivicPlus will defend at its expense or settle any third-party claim against Customer alleging that the Services provided under this Agreement infringe intellectual property rights. CivicPlus will pay infringement claim defense costs, CivicPlus–negotiated settlement amounts, and damages finally awarded by a court. CivicPlus has no obligation for any claim of infringement arising from Customer's use of the Services for purposes not contemplated by this Agreement. CivicPlus’s indemnification obligations under this Section 15 are conditioned upon the Customer:

A. promptly notifying CivicPlus of any claim in writing; B. cooperating with CivicPlus in the defense of the claim; and C. granting CivicPlus sole control of the defense or settlement of the claim. 510
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The indemnification obligations of CivicPlus herein shall not apply to any claims of intellectual property infringement relat ed to Client Content.

Responsibilities of the Parties

16. CivicPlus will not be liable for any act, omission of act, negligence, or defect in the quality of service of any underlying carrier, licensor, or other third-party service provider whose facilities or services are used in furnishing any portion of the Service received by the Customer.

17. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by Customer or any entity employed/contracted on the Customer’s behalf. During Project Development, Customer will be responsive and cooperative with CivicPlus to ensure the Project Development is completed in a timely manner.

18. Customer agrees that it is solely responsible for the end-user’s personal data that Customer decides to solicit, collect, store, or otherwise use in connection with any Service provided by CivicPlus. Customer understands and agrees that CivicPlus provides certain solutions with increased security measures for the solicitation and storage of any sensitive data, and it is Customer’s responsibility to determine whether the data it solicits and collects should be stored in such solutions. Customer understands and agrees that CivicPlus does not have knowledge or control over what type of data Customer solicits therefore CivicPlus has no responsibility for the use or storage of end-users’ personal data in connection with the Services or the consequences of the solicitation, collection, storage, or other use by Customer or by any third party of any personal data. Customer has the sole control and responsibility over the determination of which data and information shall be included in the content that is to be transmitted and stored by CivicPlus. Customer shall not provide to CivicPlus or allow to be provided to CivicPlus any content that:

A. infringes or violates any 3rd party’s intellectual property rights, rights of publicity or rights of privacy; B. contains any defamatory material; or
C. violates any federal, state, local, or foreign laws, regulations, or statutes.

19. Customer is responsible for all activity that occurs under Customer's accounts by or on behalf of Customer.

Customer agrees to:

A. be solely responsible for all designated and authorized individuals chosen by Customer (“User”) activity, which must be in accordance with this Agreement and the CivicPlus Terms of Use; B. be solely responsible for the Customer data;
C. obtain and maintain during the term all necessary consents, agreements and approvals from end- users, individuals or any other third parties for all actual or intended uses of information, data or other content Customer will use in connection with the Services;
D. use commercially reasonable efforts to prevent unauthorized access to, or use of, any User’s log- in information and the Services, and notify CivicPlus promptly of any known unauthorized access or use of the foregoing;
E. use commercially reasonable efforts to prevent unauthorized access to or use of the Services and CivicPlus Property and shall promptly notify CivicPlus of any unauthorized access or use of the Services and/or CivicPlus Property and any loss or theft or unauthorized use of any User's password or username and/or personal information; and
F. use the Services only in accordance with applicable laws and regulations.

20. The Parties shall comply with all applicable local, state, and federal laws, treaties, regulations, and conventions in connection with its use and provision of any of the Services or CivicPlus Property. 511
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21. CivicPlus shall not be responsible for any act or omission of any third-party vendor or service provider that Customer has selected to integrate any of its Services with.

22. Customer understands that CivicPlus must fastidiously allocate resources across all of its customers and specifically reserves necessary resources for Customer’s Project Development. If any professional services, such as consulting or training, purchased by Customer are not used during the Project Development phase solely due to the inaction or unresponsiveness of Customer, then these services shall expire 30 days after completion of Project Development. The Customer may re-schedule any unused professional services during this 30-day period as mutually agreed upon by the Parties. Any professional services that have not been used or rescheduled shall be marked as complete and closed upon the expiration of the 30 -day period.

Data Security

23. CivicPlus shall, at all times, comply with the terms and conditions of its Privacy Policy. CivicPlus will maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security and confidentiality of Customer Data. CivicPlus will not modify Customer Data or disclose Customer Data, except:

A. in order to provide the Services;
B. to prevent or address service or technical problems in connection with support matters; C. as specifically directed or expressly permitted in writing by Customer; D. in compliance with our Privacy Policy; or
E. if compelled by law.

Notwithstanding the foregoing, CivicPlus reserves the right to delete, suspend, or block known malicious accounts without Customer authorization. Customer understands that CivicPlus has no obligation to provide the Services or maintain the Customer Data, information or other material if Customer’s accounts are past due and unpaid as set forth in this Agreement.

24. Customer acknowledges and agrees that CivicPlus utilizes third-party service providers to host and provide the Services and store Customer Data and the protection of such data will be in accordance with such third party’s safeguards for the protection and the security and confidentiality of Customer’s Data. Notwithstanding anything to the contrary, CivicPlus shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and CivicPlus will be free (during and after the term hereof) to use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other CivicPlus offerings.

25. CivicPlus may offer Customer the ability to use third-party applications in combination with the Services. Any such third-party application will be subject to acceptance by Customer. In connection with any such third- party application agreed to by Customer, Customer acknowledges and agrees that CivicPlus may allow the third- party providers access to Customer Data as required for the interoperation of such third- party application with the Services. The use of a third-party application with the Services may also require Customer to agree to a separate agreement or terms and conditions with the provider of the third-party application, which will govern Customer's use of such third-party application.

26. In the event of a security breach due to the sole negligence, malicious actions, omissions, or misconduct of CivicPlus, CivicPlus, as the data custodian, will comply will all remediation efforts as required by applicable federal and state law.

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CivicPlus Support

27. CivicPlus will use commercially reasonable efforts to perform the Services in a manner consistent with applicable industry standards, including maintaining Services availability 24 hours a day, 7 days a week with 99.9% uptime.

Customer will have 24/7 access to the online CivicPlus Help Center to review use articles and software best practices, receive maintenance release notes, as well as submit and monitor omni-channel support tickets, and access solution-specific support contact methods.

28. CivicPlus provides live support engineers based in the domestic United States to respond to basic questions concerning use and configuration, to diagnose software code-related errors, and proactively identify potential systems issues. CivicPlus support engineers serve a preliminary function in the agile development process and escalate defects to software developers or architects for remediation. For security purposes, CivicPlus support engineers are not permitted to modify user accounts, and permissions nor distribute access outside of accounts established by means of a support interaction for testing. Customer delegated Users may receive tutorials and guidance on account modifications but will perform the action themselves.

29. CivicPlus support hours span between the hours of 7 am to 7 pm CST but may vary by product. Customer may access the CivicPlus Help Center (civicplus.help) to obtain each product’s support hours. After hours support is available by toll- free phone call only. Non-emergency support requested outside of support hours will be subject to additional fees, such fees will be quoted to Customer at the time of the request and will be subject to Customer acceptance and invoiced the next business day following the non-emergency support. CivicPlus shall have the sole discretion to determine in good faith whether support requests qualify as an emergency, exceed reasonable use or are outside the scope of services outlined in any SOW.

30. If a reported problem cannot be solved during the first support interaction, Customer will be provided a ticket number that will be used as communication method throughout ticket escalation until a solution is provided.

Support service does not include support for errors caused by third-party products or applications for which CivicPlus is not responsible.

Marketing

31. Customer hereby authorizes CivicPlus to include CivicPlus’s name and logo inconspicuously within the Client’s instance of the Services. Customer may publicly refer to itself as a customer of the CivicPlus Services, including on Customer's website and in sales presentations. Notwithstanding the foregoing, each Party hereby grants the other a limited, worldwide, license to use the other’s logo in conformance with such Party’s trademark usage guidelines and solely for the purposes of providing the Services. In no event will either Party issue a press release publicly announcing this relationship without the approval of the other Party, such approval not to be unreasonably withheld.

Limitation of Liability

32. CivicPlus’ liability arising out of or related to this Agreement, or any associated SOW, will not exceed the amounts paid by Customer for the Annual Recurring Services in the year prior to such claim of liability.

33. In no event will CivicPlus be liable to Customer for any consequential, indirect, special, incidental, or punitive damages arising out of or related to this Agreement.

34. The liabilities limited by Sections 32 and 33 apply:

A. to liability for negligence;
B. regardless of the form of action, whether in contract, tort, strict product liability, or otherwise; C. even if Customer is advised in advance of the possibility of the damages in question and even if such damages were foreseeable; and
D. even if Customer’s remedies fail of their essential purposes. 513
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If applicable law limits the application of the provisions of this Limitation of Liability section, CivicPlus’ liability will be limited to the maximum extent permissible.

Warranties & Disclaimer

35. Each person signing the SOW, or otherwise agreeing to the terms of this Agreement, represents and warrants that he or she is duly authorized and has legal capacity to execute and bind the respective Party to the terms and conditions of the SOW and this Agreement. Each Party represents and warrants to the other that the execution and delivery of the SOW and the performance of such Party’s obligations thereunder have been duly authorized and that this Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms. Customer represents and warrants that Customer has not provided any false information to gain access to the Service and that Customer’s billing information provided on the Contact Sheet is correct; and it has all necessary rights in the Customer Content to permit Customer’s use of the Service and to grant the licenses contained in this Agreement without infringing the intellectual property or other rights of any third parties, violating any applicable laws, or violating the terms of any license or agreement to which it is bound.

36. CivicPlus warrants that the Services will perform substantially in accordance with documentation and marketing proposals, and free of any material defect. CivicPlus warrants to the Customer that, upon notice given to CivicPlus of any defect in design or fault or improper workmanship, CivicPlus will remedy any such defect.

CivicPlus makes no warranty regarding, and will have no responsibility for, any claim arising out of:

1. a modification of the Services made by anyone other than CivicPlus, even in a situation where CivicPlus approves of such modification in writing; or

2. use of the Services in combination with a third-party service, web hosting service, or server not authorized by CivicPlus.

37. The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by CivicPlus or by third-party providers, or because of other causes beyond CivicPlus's reasonable control, but CivicPlus shall use reasonable efforts to provide advance notice in writing or by e- mail of any scheduled service disruption. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS AND CIVICPLUS HEREBY

DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,

INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A PRIOR COURSE OF DEALING.

38. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY,

DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY

CIVICPLUS TO CUSTOMER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT.

Force Majeure

39. No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, pandemic, fire, casualty, unanticipated work stoppage, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of public enemy, internet service provider failure or delay, third- party application failure, denial of service attack, or other cause of similar or dissimilar nature beyond its control.

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Taxes

40. The amounts owed for the Services exclude, and Customer will be responsible for, all sales, use, excise, withholding and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity in connection with the Services (excluding taxes based solely on CivicPlus’s income). If the Customer is tax-exempt, the Customer must provide CivicPlus proof of their tax-exempt status, within fifteen (15) days of contract signing, and the fees owed by Customer under this Agreement will not be taxed. If such exemption certificate is challenged or held invalid by a taxing authority then Customer agrees to pay for all resulting fines, penalties, and expenses.

Other Documents

41. This Agreement, including all exhibits, amendments, and addenda hereto and all SOWs, constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement or any SOW will be effective unless in writing and signed by each Party. However, to the extent of any conflict or inconsistency between the provision in the body of this Agreement and any exhibit, amendment, or addenda hereto or any SOW, the terms of such exhibit, amendment, addenda or SOW will prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order or other order documentation (excluding SOWs) will be incorporated into or form any part of this Agreement, all such terms or conditions will be null and void, unless such term is to refer and agree to this Agreement.

Interlocal Purchasing Consent / Cooperative Purchasing

42. With the prior approval of CivicPlus, which may be withheld for any or no reason within CivicPlus’s sole discretion, this Agreement and any SOW may be extended to any public entity in Customer’s home state to purchase at the SOW prices and specifications in accordance with the terms stated herein.

43. To the extent permitted by law, the terms of this Agreement and set forth in one or more SOW(s) may be extended for use by other local government entities upon execution of a separate agreement, SOW, or other duly signed writing by and between CivicPlus and such entity, setting forth all of the terms and conditions for such use, including applicable fees and billing terms.

Miscellaneous Provisions

44. The invalidity or unenforceability, in whole or in part, of any provision of this Agreement shall not void, affect the validity or enforceability of any other provision of this Agreement.

45. The Parties negotiated this Agreement with the opportunity to receive the aid of counsel and, accordingly, intend this Agreement to be construed fairly, according to its terms, in plain English, without constructive presumptions against the drafting Party. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. As used in this Agreement, the word “including” means “including but not limited to.”

46. The Parties will use reasonable, good-faith efforts to resolve any dispute between them in good faith prior to initiating legal action.

47. This Agreement and any SOW, to the extent signed and delivered by means of a facsimile machine or electronic mail, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. The Parties agree that an electronic signature is the legal equivalent of its manual signature on this Agreement and any SOW. The Parties agree that no certification authority or other third-party verification is necessary to validate its electronic signature and that the lack of such certification of third-party verification will not in any way affect the enforceability of the Parties’ electronic signature or any resulting agreement between CivicPlus and Customer. 515
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48. Due to the rapidly changing nature of software as a service and digital communications, CivicPlus may unilaterally update this Agreement from time to time. In the event CivicPlus believes such change is a material alteration of the terms herein, CivicPlus will provide Customer with written notice describing such change via email or through its website. Customer’s continued use of the Services following such updates constitutes Customer’s acceptance of the same. In the event Customer rejects the update to the terms herein, Customer must notify CivicPlus of its objection within ten (10) days receipt of notice of such update.

Monsido Solution Terms and Conditions

49. The Customer’s use of the Accessibility Compliance and Web Governance Services on its proprietary designated website(s) is subject to the agreed quantities as specified in the applicable Statement of Work (SOW) (the “Limits”).

If the Customer exceeds the Limits, CivicPlus will notify the Customer of such excess use and discuss appropriate upgrades in the Services procured hereunder.

50. Customer acknowledges that the Services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Customer acknowledges further that any reliance on the Services is at Customer’s own risk.

51. The Services are intended to be used to scan only the Customer’s designated public -facing web pages. For the avoidance of doubt, in no event shall the Customer utilize the Services to scan private areas of the Customer’s websites, such as those areas that are password protected or contain private information about the Customer and/or its users, employees, contractors, officers, directors, and/or other agents. The Services may not be run on any websites that contain sensitive information or special categories of personal data, e.g., as defined in the General Data Protection Regulation (EU) 2016/679 Article 9 or information subject to heightened regulations (e.g., HIPAA, or FERPA). In the event the Customer so utilizes the Services in such a manner, the Customer agrees and acknowledges that CivicPlus and its affiliates shall not be held liable for any damages arising from or related to the same, including but not limited to damages that may arise related to the failure to comply with data protection rules and regulations. The Customer shall utilize the Services to scan only those URLs and domains belonging to the Customer and/or for which the Customer has a license to operate and manage the same. In no event shall the Services be used to scan URLs and domains outside of the Customer’s control or otherwise in bad faith.

52. As between the parties, with respect to obligations to consumers under the California Consumer Privacy Act (“CCPA”), where applicable, the Customer is a “business” and CivicPlus is a “Service Provider” (as such terms are defined in the CCPA) and each party will be responsible for its respective obligations under the CCPA, as applicable to the applicable SOW and the Master Services Agreement (MSA). The Services are designed and developed to collect and process our Customer’s website content and certain operational data in relation thereto. Any personal data processed by CivicPlus when performing the Services is processed according to the Customer’s instructions and on its behalf.

53. CivicPlus will provide technical support to the Customer via both telephone and electronic mail on weekdays during the hours of 7:00 am through 5:00 pm U.S. Pacific time, with the exclusion of U.S. Federal Holidays (“Support Hours.”) the Customer may initiate a helpdesk ticket during Support Hours by calling +1 858- 281-2185 (United States customer), via email to Monsido Information, or via chat support available online at the Monsido Help Center.

The Customer may also send a message at any time via the support ticket system on the Customer’s Account dashboards or via the form available at http://monsido.com/contact/. CivicPlus will use commercially reasonable efforts to respond to all Helpdesk tickets within one (1) business day. We further provide technical support and product training as well as help center support. For more information see Monsido Product Training and the Monsido Help Center, respectively.

54. The Customer can grant access to an unlimited number of permitted users within its own organization (each an “Authorized User,”) to find and solve issues and make improvements related to Quality Assurance (“QA”), Search Engine Optimization (“SEO”), and Web Governance.

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55. The Customer shall be given the opportunity to register via an online registration form to create an account, (hereinafter the Customer’s “Account,”) that will allow the Customer and Customer’s Authorized Users to receive information from CivicPlus and/or to participate in certain features of the Services. CivicPlus will use the information the Customer provides in accordance with CivicPlus’s Privacy Policy. The Customer represents and warrants that all information the Customer provides on the registration form is current, complete, and accurate to the best of the Customer’s knowledge. The Customer agrees to maintain and promptly update the Customer’s registration information so that it remains current, complete, and accurate. During the registration process, the Customer may be required to choose a password. The Customer acknowledges and agrees that CivicPlus may rely on this password to identify the Customer. The Customer is responsible for all use of the Customer’s Account as well as any action taken thereunder by an Authorized User of the Customer, regardless of whether the Customer authorized such access or use, and for ensuring that all use of the Customer’s Account complies fully with the provisions of these terms.

56. The Customer shall not have more than one (1) Account and shall not sell, trade, or transfer that Account to any other person or entity. CivicPlus shall have the right to monitor the Customer’s Account in CivicPlus’s sole and exclusive discretion.

57. The Customer shall ensure that any of the Customer’s websites are compatible with CivicPlus’s tools. If the Customer is using an AJAX application, the AJAX application must be designed to allow a crawler to access its content. The Customer must use a current version of a major internet browser (e.g. Firefox, Chrome, Safari, Internet Explorer, Edge, or some similar, well-known browser.) Regardless of the web browser or coding language used, the Customer shall ensure that the CivicPlus’s crawler is not blocked by any of the Customer’s technology.

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V. PD 06.01.2015-0048

Acceptance

The undersigned has read and agrees to the following Binding Terms, which are incorporated into this SOW, and have caused this SOW to be executed as of the date signed by the Customer which will be the Effective Date:

For CivicPlus Billing Information, please visit https://www.civicplus.com/verify/

Authorized Client Signature CivicPlus

By: By:

Name: Name:

Title: Title:

Date: Date:

Organization Legal Name:

Billing Contact:

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Billing Phone Number:

Billing Email:

Billing Address:

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PO Number: (Info needed on Invoice (PO or Job#) if required)

518

CITY OF MURRIETA
City Council Meeting Agenda
Report
2/20/2024
Agenda Item No. WS1.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Brian Ambrose, Director of Community Services
PREPARED BY: Gretchen Sedlacek, Assistant Management Analyst - Library SUBJECT: Lunch at the Library Grant - Increased Award Amount

RECOMMENDATION
Authorize the City Manager to accept additional grant funds from the California State Library for the 2024 Lunch at the Library program;
Amend the Fiscal Year 2023/24 Operating Budget based on the actual award amount; and Authorize the City Manager to sign any documents or undertake related actions necessary to accept and implement the grant.

PRIOR ACTION/VOTE
On November 21, 2023, the City Council approved the application for the Lunch at the Library grant (Vote: 5- 0).

CITY COUNCIL GOAL
Coordinate and deliver responsive, effective community services.

BACKGROUND
On November 21, 2023, the Murrieta City Council authorized a grant application for the California State Library (CSL) Lunch at the Library program. Grant funds would expand the Library’s summer outreach services through pop-up library programs/activities at the summer meal site located at Murrieta Elementary School in collaboration with the Murrieta Valley Unified School District. After the City Council action, the Murrieta Public Library (Library) was notified by CSL that the award would be increased by $7,700, making the new award amount $11,700. An executed award packet is forthcoming pending receipt of the Library’supdate to the previously submitted budget. This action authorizes the City Manager to accept the grant award, sign documents accepting the grant, and undertake actions necessary to allow the City to use the grant.

FISCAL IMPACT
Upon receipt of the award packet, the City Manager will be authorized to amend the Fiscal Year 2023/24 Operating Budget to increase the revenue appropriation of $11,700 in General Ledger (GL) Account 3570050- CITY OF MURRIETA Printed on 2/15/2024Page 1 of 2
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Agenda Item No. WS1.

Operating Budget to increase the revenue appropriation of $11,700 in General Ledger (GL) Account 3570050- 42221 Job Ledger (JL) Account 50152357-42221 and the expenditure appropriations of $6,840 in GL Account 3570050-64000 JL Account 50152357-64000, $4,100 in GL Account 3570050-60480 JL Account 50152357- 60480, $75 in GL Account 3570050-62680 JL Account 50152357-62680, and $685 in GL Account 3570050- 53900 JL Account 50152357-53900.

ATTACHMENTS
None.

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CITY OF MURRIETA
City Council Meeting Agenda
Report
2/20/2024
Agenda Item No. 6.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Brian Ambrose, Community Services Director
PREPARED BY: Brian Ambrose, Community Services Director SUBJECT: Memorandum of Understanding with the City of Wildomar for Homeless Services

RECOMMENDATION
Approve a six-month Memorandum of Understanding with the City of Wildomar for homeless services for a maximum reimbursement to the City of Murrieta of $20,039.21 per month; Establish a revenue budget for reimbursement of costs from the City of Wildomar in the Fiscal Years 2023/24 and 2024/25 Operating Budgets for the six-month pilot period; and Authorize the City Manager to execute the Memorandum of Understanding and to utilize existing grant funding to support the collaboration between the cities of Murrieta and Wildomar.

PRIOR ACTION/VOTE
On October 18, 2016, the City Council adopted Resolution No. 16-3644, joining the Regional Homeless Alliance and authorizing the Mayor to sign a five-member city alliance to address homelessness in southwest Riverside County (5-0).

On November 1, 2022, the City Council approved agreements with City Net for street outreach and case management services and Project T.O.U.C.H. for emergency shelter services (5-0).

CITY COUNCIL GOAL
Coordinate and deliver responsive, effective community services.

BACKGROUND
Since 2016, the City of Murrieta has made extraordinary strides to address homelessness citywide and regionally. Murrieta was a co-founding partner of the Regional Homeless Alliance and currently serves as the lead agency for a five-city homeless strategic planning process. The Murrieta City Council has invested significant resources into its homeless services program, including dedicating funding for homeless services staff, forming a Community Policing Team that focuses on quality of life issues such as homelessness, forming a Community Behavioral Health Assessment Team that places a full-time licensed clinical social worker with a specially trained Murrieta Police Officer, investing in encampment cleanup protocols, and partnering with non- CITY OF MURRIETA Printed on 2/15/2024Page 1 of 3
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Agenda Item No. 6.
specially trained Murrieta Police Officer, investing in encampment cleanup protocols, and partnering with non- profit organizations to provide seamless street outreach, case management, and homeless emergency sheltering services. Last year, 298 individuals utilized the emergency shelter, with 190 street outreach contacts. Due to its efforts, Murrieta is one of a few cities in California that has reached and maintained functional zero homelessness, defined as having a bed available for any individual or family that seeks to move towards housing sustainability.

The City of Wildomar, a city of 34,405 residents north of Murrieta, also joined the Regional Homeless Alliance in 2016 and has been a committed agency to regional homeless solutions. Currently, Wildomar does not have a dedicated staff person, a contract for a street outreach team or dedicated shelter beds. Approximately three months ago, staff from the two cities began discussions on ways to replicate the homeless services program in Murrieta into Wildomar. Principles on a Memorandum of Agreement (MOU) were reached for a six-month pilot program that includes:
- The City of Murrieta would coordinate street outreach, case management, and emergency sheltering services on behalf of the City of Wildomar;
- Wildomar would “purchase” 1.5 days of street outreach and case management services from Murrieta’s contractor, City Net;
- Murrieta staff would provide oversight of the street outreach and case management; - Wildomar would enter into a separate agreement with Project Touch for sheltering services utilizing Murrieta’s existing agreement and funding structure; and - Wildomar would continue in a good faith effort to site an emergency, transitional, or other type of homeless shelter specific to the Wildomar community needs.

All provisions can be found on Exhibit A of the MOU.

For services provided, Wildomar agrees to reimburse Murrieta for full cost recovery. In return, Murrieta will utilize various existing and future grants for regional homeless services, including a Riverside County Housing and Homeless Incentive Program, federal ARPA funds, and grant funds from the Federal Substance Abuse and Mental Health Services. These grant funds will help support this collaboration and subsidize a portion of services. Additionally, Murrieta is working with the Riverside County Continuum of Care to draft a grant proposal for the State Encampment Resolution Funding program. This grant funding could assist with additional street outreach, case management, mental health services, emergency sheltering, and permanent housing if awarded.

Essentially, this MOU will mark another step towards regional solutions for homeless services in southwest Riverside County. The collaboration allows for scaling costs, sharing expertise, and ensures that cities discontinue the practice of “squeezing the balloon” that largely pushes homeless individuals to other jurisdictions without truly solving the problem.

FISCAL IMPACT
For services rendered, the City of Wildomar agrees to reimburse the City of Murrieta for a maximum of $20,039.21 per month, less costs reimbursed through grant funding. Services include street outreach, case management, sheltering, and staffing. The City of Murrieta will receive a 10% administrative fee for finance billing, attorney costs, use of city vehicles, and risk management. Murrieta will utilize various existing and future grant funding to subsidize this monthly amount.

In order to accept payment from the City of Wildomar for reimbursement of costs, a revenue budget will be established. The City of Wildomar will pay for any costs that are not reimbursed through grant funding in the Fiscal Years 2023/24 and 2024/25 Operating Budgets for the six-month pilot period. This requires appropriating a revenue budget in General Ledger (GL) Account 1105100-42224 of $53,722.00 in the Fiscal Year 2023/24 Operating Budget and $26,861.00 in GL Account 1105100-42224 for the Fiscal Year 2024/25 CITY OF MURRIETA Printed on 2/15/2024Page 2 of 3
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Agenda Item No. 6.

Year 2023/24 Operating Budget and $26,861.00 in GL Account 1105100-42224 for the Fiscal Year 2024/25 Operating Budget. An expenditure appropriation is not needed because the existing budgets will be utilized to provide these services.

ATTACHMENTS

1. Memorandum of Understanding between the cities of Murrieta and Wildomar CITY OF MURRIETA Printed on 2/15/2024Page 3 of 3
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01375.0022/944115.1 1

MEMORANDUM OF UNDERSTANDING FOR COLLABORATIVE HOMELESS

PROGRAMS AND SERVICES
This MEMORANDUM OF UNDERSTANDING FOR COLLABORATIVE HOMELESS PROGRAMS AND SERVICES (“MOU”) is made and entered into this ___ day of ________ (“Effective Date”) by and between the City of Murrieta, a municipal corporation (“Murrieta”) and the City of Wildomar, a municipal corporation (“Wildomar”). Murrieta and Wildomar may be referred to herein individually as a “Party” or collectively as the “Parties.”

RECITALS

A. Murrieta has developed a comprehensive Homeless Services Program that includes homeless outreach, case management, encampment clean up, and emergency sheltering services, designed to provide homeless programs and services within its city corporate boundaries.

B. Murrieta has entered into certain Agreements for such programs with Kingdom Causes, Inc. dba City Net, a California nonprofit corporation (“City Net”) for street outreach and case management services and God’s Fan Club dba Project Touch, a California nonprofit corporation (“Project Touch”) for emergency sheltering services.

C. Murrieta has served as a lead agency to develop a multi-jurisdictional collaborative named the Regional Homeless Alliance that focuses on addressing homeless programs and services on a regional basis through shared resources and programming.

D. The Parties desire to increase collaboration by utilizing shared services within these existing Agreements through this MOU.

AGREEMENT

1. Homeless Services
Concurrent with the Effective Date of this MOU, Murrieta hereby agrees to provide assistance to Wildomar in an effort to replicate its current Responsible Compassion homeless services program to increase regional collaboration and share homeless services program costs.

During the term of this MOU, Murrieta will make services available under existing agreements with City Net and various other contractors for homeless street outreach and case management services, emergency sheltering services, encampment clean up services, and other services as described in Exhibit A. For the initial term of the agreement, street outreach services equivalent to 1.5 days per week will be provided to Wildomar along with case management services at the emergency shelter.

2. Term of MOU

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The term of this MOU shall be for a period of six months from the Effective Date, unless terminated as provided herein. The term of this MOU may be extended by mutual agreement of the Parties. After the six month term, Parties will revisit compensation and scope of work to ensure it is equitable for Parties.

3. Compensation to Murrieta

Wildomar shall be responsible for reimbursing Murrieta for costs as described in Exhibit A. Murrieta will invoice for payment with detailed invoices for street outreach and case management, and emergency sheltering. Additionally, a ten percent (10%) administrative fee will be charged for services. Wildomar shall, within 30 days of receipt of invoice from Murrieta pay all charges thereon. The compensation for the services shall be at the rates set forth in Exhibit A attached hereto and incorporated herein by reference and shall not exceed Twenty Thousand, Thirty-Nine dollars and Twenty-one cents ($20,039.21) per month. Murrieta, in its sole discretion, will make available a portion of grant funds secured through a variety of means, including, but not limited to, Housing and Homeless Incentive Program, Department of Health and Human Services Substance Abuse and Mental Health Services Administration funds, and American Rescue Plan Act funds, to subsidize overall monthly costs. Grant funds will be applied to the monthly invoice. Murrieta does not guarantee the ongoing availability of any grant funds.

4. Indemnity

4.1 Neither Wildomar nor any officer or employee of Wildomar shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of Murrieta under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of Murrieta under this MOU. It is also understood and agreed that, pursuant to Government Code, Section 895.4, Murrieta shall fully indemnify, defend and hold Wildomar harmless from any liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of any acts or omissions on the part of Murrieta under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of Murrieta under this MOU.

4.2 Neither Murrieta nor any officer or employee of Murrieta shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of Wildomar under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of Wildomar under this MOU. It is also understood and agreed that, pursuant to Government Code, Section 895.4, Wildomar shall fully indemnify, defend and hold Murrieta harmless from any liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of any acts or omissions on the part of Wildomar under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of Wildomar under this MOU.

5. Termination

Either Party may terminate the whole or any part of this MOU at any time and without cause by giving written notice to the other Party of such termination, and specifying the effective 525

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date thereof, at least ten (10) days before the effective date of such termination. Upon termination, Wildomar shall be obligated to pay Murrieta for those Wildomar Services which have been rendered prior to the date. Upon termination, any data collected through street outreach, case management, or emergency sheltering services shall be turned over to Wildomar within a responsible timeframe. All personal property collected through homeless encampment clean ups shall be picked up by Wildomar, and Murrieta’s liability for such personal property shall cease.

6. Notices

6.1 Written Notice. All written notice, request, demand, statement, or consent herein required or permitted to be given by either party to the other hereunder, shall be in writing signed by or on behalf of the party giving the notice and addressed to the other at the address as set forth below:

Murrieta City of Murrieta
Attn: City Manager
Re: MOU for Homeless Services
1 Town Square
Murrieta, CA 92562

Wildomar City of Wildomar
Attn: City Manager
Re: MOU for Homeless Services
23873 Clinton Keith Road
Suite 110
Wildomar, CA 92595

7. Miscellaneous

7.1 Entire MOU; Amendments. This MOU constitutes the entire agreement and understanding between the Parties, and supersedes all negotiations, understandings or agreements. Any amendment to this MOU must be in writing and executed by both Parties.

7.2 Responsibility for additional agreements on behalf of Wildomar. Within forty-five (45) days following execution of this MOU, Wildomar shall enter into a separate agreement with Project Touch for emergency shelter services for a maximum of four beds, based upon the same rates as currently exists between Murrieta and Project Touch. Murrieta will invoice for such services. Additionally, should Wildomar desire to utilize Murrieta’s existing agreements for encampment clean up services, Wildomar shall enter into agreements with those contractors.

Services that are supervised by Murrieta employees will be invoiced by Murrieta, and the administrative fee will apply.

7.3 Responsibility for additional services on behalf of Wildomar. Wildomar shall establish dedicated funds for homeless diversion services. Such services include, but are not limited to, the cost of transportation of an individual back to family support away from 526

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Wildomar. In most cases, this service will be completed through the lowest cost transportation available purchase of a bus ticket.

7.4 Responsibility for additional purchases on behalf of Wildomar. At a future, mutually agreed time, Wildomar shall purchase a storage container, commonly known as a Conex box, for the storage of personal property collected during homeless encampment clean ups within Wildomar. Storage container shall be located within the city limits of Wildomar, and Parties shall have access to such facility. Until this storage container is purchased, Parties agree to utilize the current storage container located at the Murrieta Public Works Yard.

7.5 Governing Law. This MOU shall be governed by the laws of the State of California without regard to choice of law rules.

7.6 Authority to Execute. Any individual executing this MOU on behalf of or as representative for a corporation or other person, partnership or entity, represents and warrants that he or she is duly authorized to execute and deliver this MOU on behalf of such Party, and this MOU is binding upon such Party in accordance with its terms.

7.7 Counterparts. This MOU may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

7.8 No Waiver. A Party shall not be excused from complying with any of the terms and conditions of this MOU by any failure of a Party upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions.

7.9 Force Majeure. With respect to any provisions of this MOU, the violation or non- compliance of any term of this MOU which could result in the imposition of a financial penalty, liquidated damages, forfeiture or other sanction upon a Party, such violation or compliance shall be excused where such violation or non-compliance is the result of acts of God, war, civil disturbance, strike or other labor unrest, or other events, the occurrence of which was not reasonably foreseeable by such Party and is beyond such Party’s reasonable control.

7.10 Limitation of Liability. Neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.

7.11 Time is of the Essence. Time is of the essence with regard to the performance of all of Wildomar’s and Murrieta’s obligations under this MOU.

[SIGNATURES ON NEXT TWO (2) PAGES]

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01375.0022/944115.1 5

WILDOMAR’S SIGNATURE PAGE
FOR

MEMORANDUM OF UNDERSTANDING FOR COLLABERATIVE HOMELESS

PROGRAMS AND SERVICES

IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the Effective Date.

CITY OF WILDOMAR, CALIFORNIA

By:_____________________________________
Daniel A. York, City Manager

ATTEST:

By:______________________________________
Janet Morales, City Clerk

APPROVED AS TO FORM:

By:______________________________________
Thomas Jex, City Attorney
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01375.0022/944115.1 6

MURRIETA’S SIGNATURE PAGE
FOR

MEMORANDUM OF UNDERSTANDING FOR COLLABERATIVE HOMELESS

PROGRAMS AND SERVICES

IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the Effective Date.

CITY OF MURRIETA, CALIFORNIA

By:_____________________________________
Kim Summers, City Manager

ATTEST:

By:______________________________________
Cristal McDonald, City Clerk

APPROVED AS TO FORM:

By:______________________________________
Tiffany Israel, City Attorney

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EXHIBIT A

REGIONAL HOMELESS ALLIANCE
Memoradum of Understanding
for Collaberorative Homeless Programs and Services
between Cities of Murrieta and Wildomar
ASSUMPTIONS:

SCOPE OF SERVICES:

Murrieta Commits to:

To increase regional homeless services collaberation and reach the goal of functional zero homelessness, Wildomar and Murrieta will consider expanding the existing Responsible Compassion homeless services program.

Regular status meetings will be scheduled.

During the term of this MOU, the City of Murrieta will coordinate the following services on behalf of the City of Wildomar: street outreach and case management services, emergency sheltering services, encampment clean up services, diversion services, and other services with the goal of functional zero homelessness between the two cities. Functional zero homelessness is defined as all services leading to a bed available for any individual desiring to reach housing sustainability.

Wildomar Commits to:

Wildomar and Murrieta will enter into a short term, 6-month Memoradum of Understanding (MOU) for Wildomar to purchase the equivalent of 1.5 days of Murrieta's existing agreement with City Net for street outreach and case management services. As Murrieta considers expanding the terms of its existing agreements for services, a longer termed MOU will be considered if mutually agreeable.

Wildomar recognizes that Murrieta's agreements with service providers Project Touch and City Net will be renogotiated in the near future from monthly agreements to annual. Costs may increase according to standard CPI adjustments.

Approximate Murrieta staff time: Management Analyst @ 16 hrs per month; Director of Community Services @ 4 hrs per month.

Ensure data entry (including HMIS) and creation of by-name list.

Administering and coordinating all homeless services with assistance from Wildomar staff. All protocols for street outreach, case management, encampment clean up, and other processes will be shared and replicated.

Murrieta may serve, if delegated authority, to represent Wildomar on Riverside County's Continuum of Care.

Communicating with the Riverside County Sheriff's Department its commitment to the Responsible Compassion homeless services framework.

Entering into a separate agreement with Project Touch for sheltering services utilizing Murrieta's existing agreement and funding structure.

A good faith effort to site an emergency, transitional, or other type of homeless shelter specific to the Wildomar community in the future.

Murrieta will begin researching new grant opportunities as a collaberation.

Murrieta to provide a social media campaign through Responsible Compassion Facebook page.

Purchase and select a site for a storage/conex box for clean up and storage of personal items located at encampments
Duplicating Murrieta's 602-No Trespass protocols and processes.

Wildomar to piggyback on Murrieta's existing encampment clean up agreements and allocate a sufficient annual budget for these services.

Wildomar to establish a homeless diversion program (ie., transportation) 530

EXHIBIT A

REGIONAL HOMELESS ALLIANCE
Memoradum of Understanding
for Collaberorative Homeless Programs and Services
between Cities of Murrieta and Wildomar
COSTS
Street Outeach & Case Management
$32,632.34 Per month
$1,087.74
$1,631.62
Total Wildomar responsibility per month $6,526.47 Per month - maximum Wildomar's commitment Sheltering
Assumption: $50/night per bed $6,000.00
Assumption: $20/day food $2,400.00
Share of utilities $285.00
Total Wildomar responsibility per month $8,685.00
$15,211.47
Murrieta Staff $3,306.60 Monthly
Murrieta Administrative fee $1,521.15
OVERALL MAX. WILDOMAR SHARE $20,039.21 Month ANNUAL TOTAL:

Administrative Fee:

Murrieta's monthly costs for City Net - Total services
Cap of 4 beds per night
Cap of 4 individuals per day
1/4 of utilities - monthly
Per day
Per week - Wildomar's commitment
Divided by 30 days in typical month
Per month - maximum Wildomar's commitment
NOTES
Does not include: Wildomar's internal costs (ie., attorney, public safety, billing, etc.) Finance billing, Murrieta's attorney costs, administering bus diversion program, City vehicles, gas, risk management. 602 No trespassing processes

TOTAL APPROXIMATE COST
Multiplied by 1.5 days
Total Maximum Share Monthly
$240,470.58
Assuming 10% overall cost
10%
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CITY OF MURRIETA
City Council Meeting Agenda
Report
2/20/2024
Agenda Item No. 7.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Director of Public Works
PREPARED BY: Renée Santos, Administrative Assistant - Engineering SUBJECT: On-Call Public Works and Stormwater Pollution Prevention Plan Inspection Services - Anser Advisory

RECOMMENDATION
Approve a purchase order with Anser Advisory Management, LLC, dba Anser Advisory for on-call inspection services for Fiscal Year 2023/24 for an amount not to exceed $280,000 from the Engineering General Fund; Appropriate $216,000 from General Fund Unassigned Fund Balance into Engineering account 1106120- 60640; and
Authorize the City Manager to execute the purchase order.

PRIOR ACTION/VOTE
On June 20, 2023, the City Council authorized entering into an Agreement for miscellaneous on-call consulting services with Anser Advisory Management, LLC dba Anser Advisory (Vote: 4-0-1).

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

BACKGROUND
On June 20, 2023, City Council approved an on-call inspection services Agreement with Anser Advisory Management, LLC, dba Anser Advisory (Anser). Anser has been providing ongoing inspection services under the current on-call Agreement. Anser provides inspection services for public works and engineering, and the Stormwater Pollution Prevention Plan (SWPPP), and National Pollutant Discharge Elimination System (NPDES) programs. Public Works and Engineering inspections are to ensure land development and Capital Improvement Program (CIP) construction is completed in compliance with the City-approved plans. SWPPP inspections are associated with active construction projects to ensure erosion control protections are provided.

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Agenda Item No. 7.

Systems (MS4) permit.

A purchase order (PO) was established for Anser in the amount of $75,000 under the signing authority of the City Manager for the second quarter of fiscal year (FY) 2023/24 for Public Works and SWPPP inspection. Staff estimates additional funds are needed for the remainder of FY 2023/24 in the amount of $280,000.

Funding for Public Works and SWPPP inspection services originate from the Engineering Operating Budget 1106120-60640. Additional funding in the amount of $216,000 will be needed to support the proposed PO.

FISCAL IMPACT
Appropriate $216,000 from the General Fund Unassigned Fund Balance into Operating Budget Engineering account 1106120-60640.

Funding for the PO will be provided through the Engineering account: 1106120-60640.

ATTACHMENTS

1. 2023 On-Call Agreement with Anser Advisory Management, LLC DBA Anser Advisory CITY OF MURRIETA Printed on 2/15/2024Page 2 of 2
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EXHIBIT A

Scope of Services

As requested by CITY, CONSULTANT will provide construction inspection services to the CITY.

Before CONSULTANT commences a significant new project for the CITY, the assignment will be described in a mutually agreed upon Proposal which identifies specific deliverables required, identifies CONSULTANT’S proposed staff, sets an estimated cost of completion, and a time for completion. No work may commence until a Purchase Order has been issued by the CITY to CONSULTANT.
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EXHIBIT B

Schedule of Rates and Charges

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Position Key Staff
Preferred Billing
Rate
Principal $230.00
Construction Manager, Senior $185.00
Inspector (Prevailing Wage) $165.00
Inspector, Senior $160.00
Admin, Senior $100.00
Admin $92.00
Labor Compliance Manager $120.00
Labor Compliance Analyst $92.00
ODC's (Reimbursable Expenses)
Description Unit Rate
Vehicle Rentals* Month $1,300.00
POV Mileage Exp. per IRS rate
Subconsultant Mark-Up 0%
VPO (As Needed) $1,000.00
*Max Rate. Billed as a percentage of actual hours billed

MURRIETA ON-CALL HOURLY RATE SCHEDULE

7. illable Rates
City of Murrieta On-Call
Construction Inspection Services 1 Anser Advisory 548

CITY OF MURRIETA
City Council Meeting Agenda
Report
2/20/2024
Agenda Item No. 8.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Director of Public Works
PREPARED BY: Renée Santos, Administrative Assistant - Engineering SUBJECT: Acceptance of Public Improvements in Tract Map 30953

RECOMMENDATION
Accept the Public Improvements in Tract Map 30953 located south of Magnolia Street on the east side of Washington Avenue; and
Direct the Public Works Department to perform continued maintenance on the aforementioned public improvements in conformity with the City of Murrieta’s maintenance standard.

PRIOR ACTION/VOTE
None.

CITY COUNCIL GOAL
Plan, program and create infrastructure development.

BACKGROUND
On February 11, 2019, the City of Murrieta (City) entered into an agreement with Lennar Homes of California, Inc., for Lennar Homes of California, Inc. to construct certain public improvements within Tract Map (TR) 30953. TR 30953 is a subdivision of 8.7 acres, with a development plan to construct 134 multi-family units with associated onsite parking, landscaping, and amenities located south of Magnolia Street on the east side of Washington Avenue.

The public improvements, which included street paving, curb and gutter, sidewalk, drive approaches, and a storm drain system within TR 30953, have now been completed. The improvements were inspected by qualified City personnel within the Public Works Department under the direction of the City Engineer who has determined that the public improvements are satisfactory and have been completed in compliance with applicable City standards and regulations.

The City Council has determined that it is in the City’sbest interest to maintain the public improvements through regular upkeep in conformity with City maintenance standards. Therefore, the Department of Public Works will provide continued maintenance of the aforementioned public improvements.

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Agenda Item No. 8.

FISCAL IMPACT
The City will be responsible for ongoing maintenance of the public improvements. The annual cost to maintain these improvements will be covered in the Public Works Maintenance biennial Operating Budget.

ATTACHMENTS

1. Vicinity Map
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VICINITY MAP
TRACT MAP 30953

ATTACHMENT
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CITY OF MURRIETA
City Council Meeting Agenda
Report
2/20/2024
Agenda Item No.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Director of Public Works
PREPARED BY: Jeff Hitch, City Engineer
SUBJECT: Amendment No. 2 to Madison Avenue Improvement Project Agreement with Rick Engineering Company

RECOMMENDATION
Approve Amendment No. 2 to the Madison Avenue Improvement Project from Guava Street to Elm Street, CIP 8357 design agreement with Rick Engineering Company for additional engineering services in the amount of $87,128.34; and
Authorize the City Manager or her designee to execute the Amendment upon approval as to form by the City Attorney.

PRIOR ACTION/VOTE
On February 6, 2018, the City Council adopted Resolution No. 18-3850, entering into an Agreement with Rick Engineering Company for the environmental and engineering design services for the Madison Avenue Improvements project, CIP No. 8357 in the amount of $1,112,386 (Vote: 5-0).

On June 20, 2023, the City Council approved Amendment No. 1 to the Madison Avenue Improvement Project from Guava Street to Elm Street, CIP 8357 design Agreement with Rick Engineering Company for additional engineering services in the amount of $435,470
(Vote: 4-0-1).

On August 15, 2023, the City Council conducted a public hearing and adopted Resolution No. 23-4699, approving the Fiscal Year 2023/24 to Fiscal Year 2027/28 Capital Improvement Plan budget which included the Madison Avenue Improvements Project, CIP 8357 (Vote: 5-0).

CITY COUNCIL GOAL
Plan, program and create infrastructure development.

BACKGROUND
On February 6, 2018, the City Council adopted a resolution entering into an Agreement with Rick Engineering Company (REC) for the environmental and engineering design services for the Madison Avenue Improvements project, CIP 8357 in the amount of $1,112,386. The project involves construction of CITY OF MURRIETA Printed on 2/15/2024Page 1 of 2
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2/20/2024
Agenda Item No.

Improvements project, CIP 8357 in the amount of $1,112,386. The project involves construction of approximately one mile of Madison Avenue between Guava Street and Elm Street as a secondary classification roadway. Due to residential properties in close proximity to the east side of the road, the project anticipates constructing the full western half plus a portion of the eastern half necessary to develop one travel lane in each direction plus a center turn lane. The full eastern half will either be completed by a future development or CIP project.

A subsequent amendment to the original Agreement was approved on June 20, 2023, to restart the project due to delays associated with a General Plan Amendment that affected the project. Since the restart, some additional tasks have been identified that need to be completed that were not included in the original or amended scope of work. These tasks include:
· Cultural and Paleontological Resource report revalidation. Due to the age of the report, a revalidation is necessary, which involves additional AB 52 cultural consultation. A Paleontological Resource Impact Mitigation Program (PRIMP) will also be prepared.
· Additional anticipated meetings, project management, and rate increases for the biological resources tasks for the project that were not included with Amendment No. 1. · Studies to determine the potential occurrence of Fairy Shrimp within the project area. The studies will include wet and dry season surveys with the results being incorporated into the project CEQA document.

City staff has reviewed the proposal from REC and determined the proposed amounts are appropriate for the scope of work and consistent with pricing for similar scopes of work. The project schedule anticipates construction in 2025.

FISCAL IMPACT
Adequate funding is available in CIP No. 8357 to cover the $87,128.34 for this Amendment.

ATTACHMENTS

1. Amendment No. 2 to Agreement with Rick Engineering Company

2. Vicinity Map
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01375.0024/897166.1 1

SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF MURRIETA AND RICK

ENGINEERING COMPANY FOR THE MADISON AVENUE IMPROVEMENT PROJECT FROM GUAVA STREET TO ELM STREET, CIP NO. 8357

This Second Amendment to Agreement (“Amendment”), made this 20th day of February, 2024, by and between the CITY OF MURRIETA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California (“CITY”), and RICK ENGINEERING COMPANY, a California corporation (“CONSULTANT”), with reference to the following f acts which are acknowledged by each party as true and correct:

RECITALS

A. CITY is a general law city, formed and existing pursuant to the provisions of the California Government Code.

B. CITY is authorized to enter into consultant agreements under the provisions of California Government Code section 53060.

C. CITY is desirous of obtaining engineering services related to the improvement of the Madison Avenue Improvement Project from Guava Street to Elm Street , CIP No. 83 57 (“Services”).

D. On February 6, 20 18, CITY and CONSULTANT entered into a n agreement (“Agreement”) whereby CONSULTANT agreed to provide the Services to the CITY.

E. On June 20, 2023 , CITY and CONSULTANT amended the Agreement to include additional services.

F. CITY a nd CONSULTANT are desirous of increasing the Scope of Services of the Agreement to include additional Services at a cost not to exceed $87,128.34.

G. CONSULTANT has special knowledge, experience and facilities for accomplishing the Services.

H. CITY now desires to amend the Agreement to include the add itional services and to increase CONSULTANT’s compen sation as a result of the additional services, and CONSULTANT is willing to amend the Agreement pursuant to the terms and conditions of this Amendment.

AMENDMENT

NOW, THEREFORE, it is agreed by and between the parties as follows:

1. CITY and CONSULTANT agr ee to amend the Agreement by increasing the Scope of Services as set forth in Exhibits “A” and “B” to this Amendment, attached hereto.

2. In consideration of the increased Scope of Services, CITY agrees to increase CONSULTANT’s compensation by an amount not to exceed eighty-seven thousand, one hundred and twenty-eight dollars and thirty -four cents ($87,128.34) for the services 554

01375.0024/897166.1 2
described and at the rates set fo rth in Exhibits “A” and “B” to this Second Amendment, attached hereto and incorporated herein by this reference. The new total not to exceed the contract amount shall be one million, six hundred and thirty-four thousand, nine hundred and eighty-four dollars, and thirty-four cents ($1,634,984.34).

IN WITNESS WHEREOF, the parties hereto h ave caused this Amendment to be executed the day and year first above written.

RICK ENGINEERING COMPANY

By: ____________________________

____________________________
Title

By: ____________________________

____________________________
Title

CITY OF MURRIETA

By: ___________________________
Lori Stone, Mayor

ATTEST:

_______________________________
Cristal McDonald, City Clerk

APPROVED AS TO CONTENT:

_______________________________
Director of Public Works/ City Engineer

APPROVED AS TO FORM:

_______________________________
Tiffany Israel, City Attorney

555
36 Discovery, Suite 240 • Irvine, California 92618 • (949) 588-0707 • rickengineering.com

ORANGE SAN DIEGO RIVERSIDE SACRAMENTO SAN LUIS OBISPO LAS VEGAS DENVER PHOENIX TUCSON Contract Addendum
Contact Addendum No.: 2
Job No. 18099
Letter
Phase No.

Date 12/5/2023
Mr. Jeff Hitch
City of Murrieta
1 Town Square
Murrieta, CA 92562
Job Description:

By signing below as indicated, Rick Engineering Company is authorized to expend an additional $ 30,784 , bringing the total amount authorized as of this date to $ 1,489,164 , to perform work in conjunction with our contract dated February 6, 2018 .

Additional Scope of Work:

Additional work for environmental services relating to the Technical Study for Biology and the Technical Studies for Cultural and Paleo Resources. Additional services are defined more in depth in the attachments:

ATTACHMENT #1 – Scope of Works with fees
ATTACHMENT #2 – Contract Task Fee Breakdown
All other provisions of the original contract are to remain unchanged.

Authorized by:

RICK ENGINEERING COMPANY
Date: December 5, 2023

Signature: R.C.E. #46568 Name: Barry J. Cowan Title: Associate Principal/Office Manager
Authorized by:

Company Name: Date:

Signature:

Name:

Title:
556
20184134.001A November 21, 2023
© 2023 Kleinfelder www.kleinfelder.com

KLEINFELDER 770 First Avenue, Suite 400, San Diego, CA 92101 Phone 619-831-4600

November 21, 2023
Kleinfelder Project No.: 20184134.001A

Mr. Barry Cowan
Rick Engineering
36 Discovery, Suite 240
Irvine, CA 92618

SUBJECT: Proposal for Madison Avenue Street Improve ments - Amendment 2

Dear Barry:

Kleinfelder is pleased to provide Rick Engineering with this proposal to augment consulting and environmental services on the Madison Avenue Street Improvements project. These services were not covered in Amendment 1, dated July 14, 2023. Please see attached fee proposal.

SCOPE OF SERVICES

Task 4 – Environmental

Task 4.5.1 – Tech Study for Biology

As a sub consultant to Kleinfelder, HELIX Environme ntal Planning (HELIX) is conducting the biological resources tasks for the project. HELIX s ubmitted a proposal in 2022 as part of Amendment 1 for the project restart. Amendment 1 was fully executed a year later in July 2023.

This September, HELIX requested additional fee to cover rate increases, escalation, and project management and meetings not included with Amendment 1. To avoid holding up the project, Kleinfelder issued a Work Order to HELIX that covered their fee up to their approved amount in Amendment 1. This additional fee in Amendment 2 makes up the difference.

HELIX proposal included for reference.

Task 4.5.2 – Tech Studies Cultural/Pal Resources

The Cultural and Paleontological Resources reports prepared in 2018 by Applied Earthworks (AE) reached their 5-year limit this September 2023 and need revalidation. As a sub consultant to Kleinfelder, AE will conduct Cultural tasks and Pal eontological tasks necessary to prepare revalidation technical memorandums for each.

Cultural Resources tasks include a search of the Sa cred Lands Files with the Native American Commission, assistance to the City with AB 52 Consultation efforts, and field survey. Kleinfelder will provide management oversight for compliance with CEQA needs, coordination as necessary, and quality review of City deliverables.

Paleontological Resources tasks include records searches at the Natural History Museum of Los Angeles County, the Western Science Center, and
University of California Museum of
Paleontology and Paleobiology Database, and field survey. AE will also prepare a Paleontological Resource Impact Mitigation Program (PRIMP) that meets the requirements of the City’s mitigation ATTACHMENT # 1
CONTRACT ADDENDUM NO. 2
557
20184134.001A November 21, 2023
© 2023 Kleinfelder www.kleinfelder.com

KLEINFELDER 770 First Avenue, Suite 400, San Diego, CA 92101 Phone 619-831-4600 measures for onsite monitoring and protocols during ground disturbing activities. Kleinfelder will provide management oversight for compliance with CEQA needs, coordination as necessary, and quality review of City deliverables.

AE’s detailed scope of services is included for reference.

AUTHORIZATION
We appreciate the opportunity to be of professional service on this project. Please contact me if you have any questions or need additional information.

Sincerely,

KLEINFELDER

Karibia Baillargeon
Project Manager
619-831-4556 (office)
619-929-7346 (cell)
[email protected]

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FEE SUMMARY
Madison Avenue Street Improvements - Amendment 2
Karibia Baillargeon John Karamitsos Justin Castells Laura Anderson

LABOR CATEGORY
11 - Project Manager
II
13 - Sr. Principal
Professional
12 - Principal
Professional
10 - Project
Controls
Specialist IV
TOTAL
HOURS

KLEINFELDE

R LABOR FEE LAB FEE

UNIT AND

EXPENSE
FEE
SUB-

CONSULTANT

FEE TOTAL FEE
Billing rate ($/hr) $194.41 $204.40 $189.13 $140.19
Task 4.5.1 - Tech Study for Biology 0 0 0 0 0 -$ - $ - $ - $ - $ Subtask 4.5.1.3 HELIX: ARDR (for JD) 0 0 0 0 0 -$ - $ - $ 9,648.00 $ 9,648.00 $ Subtask 4.5.1.4 KLF Bridge: ARDR (for JD) 2 0 0 1 3 529.02$ - $ - $ - $ 529.02 $ Subtask 4.5.1.5 KLF Env: ARDR (for JD) 0 2 0 0 2 408.80$ - $ - $ - $ 408.80 $ 0 0 0 0 0 -$ - $ - $ - $ - $ Task 4.5.2 - Tech Studies-Cultural/Pal Resources 0 0 0 0 0 -$ - $ - $ - $ - $ Subtask 4.5.2.1 AE: Reval Tech Studies-Cult/Paleo/AB52 0 0 0 0 0 -$ - $ - $ 15,633.74 $ 15,633.74 $ Subtask 4.5.2.2 KLF Bridge: Reval Tech Studies-Cult/Paleo/AB52 6 0 0 2 8 1,446.86$ - $ - $ - $ 1,446.86$ Subtask 4.5.2.3 KLF Env: Reval Tech Studies-Cult/Paleo/AB52 0 6 4 0 10 1,982.91$ - $ - $ - $ 1,982.91$ Subtask 4.5.2.4 KLF Env: Reval Tech Studies-Cult/Paleo/AB52 (QR) 0 0 6 0 6 1,134.77$ - $ - $ - $ 1,134.77$ LABOR HOURS 8 8 10 3 29
LABOR FEE $1,555.31 $1,635.20 $1,891.28 $420.57 5,502.36 $ - $ - $ 25,281.74 $ 30,784.10 $ 559

HELIX Environmental Planning, Inc.
7578 El Cajon Boulevard
La Mesa, CA 91942
619.462.1515 tel
619.462.0552 fax
www.helixepi.com

September 5, 2023 01391.00002.003

Karibia Baillargeon
Project Manager
Kleinfelder
770 First Avenue, Suite 400
San Diego, CA 92101

SUBJECT: Contract Augment to Provide Additional Services for the Madison Avenue Road Widening Project

The original written contract dated April 3, 2018 between HELIX Environmental Planning, Inc. (HELIX) and Kleinfelder (Client) for the Madison Avenue Road Widening Project (project) is hereby augmented as follows:

SCOPE OF WORK (See attached):

CURRENT CONTRACT TOTAL $30,156

Task
Number Task Name Cost
1 MSHCP Habitat Assessment/ General Biological Survey Update $2,250 3 Jurisdictional Delineation and ARDR 21,750
4 General Biological Resources Assessment/MSHCP Consistency Report
15,750
5 Determination of Biologically Equivalent or Superior Preservation 11,050 7 Support during Processing of MSHCP Consistency/Joint Project Review Process
13,300
8 Management/Meetings 9,000
9 Air Quality/Greenhouse Gases 7,500
10 Noise Technical Analysis 11,200
Subtotal $91,800

TOTAL REVISED CONTRACT $121,956

Sincerely,

Beth Jolie Martinez
Biology Group Manager
$82,152.00 was approved
with Amendment 1.
$9,648.00 is included with
Amendment 2 to make up the
difference.
560

Contract Augment to Ryan Henry Page 2 of 6
September 5, 2023

I hereby authorize HELIX to continue work in accordance with this Augment and the original Terms and Conditions and Schedule of Fees.

___________________________
(Client)

By: ___________________________
Name
Title

Date: ___________________________
561

Contract Augment to Ryan Henry Page 3 of 6
September 5, 2023

SCOPE OF WORK

Task 1 MSHCP Habitat Assessment/General Biological Survey Update. HELIX is requesting additional budget to conduct one site visit to update to the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP) habitat assessment and general biological survey conducted in April 2018 to verify the site conditions for suitability of habitat for special-status plant and animal species, including burrowing owl (Athene cunicularia), narrow endemic plant species, criteria area species, and verify the mapped vegetation communities/habitat types. The project limits have been revised since the initial assessment and currently include only the segment of Madison Avenue between Guava Street and Elm Street. If Client requests additional areas beyond the segment between Guava Street and Elm Street to be included in the project area, a contract augment will be required. The original funds for this task have been exhausted.

Task 3 Jurisdictional Delineation and ARDR. HELIX is requesting additional budget to conduct one site visit to verify the field conditions from the May 2018 jurisdictional delineation and prepare an Aquatic Resources Delineation Report (ARDR) intended to meet the “Minimum Standards for Acceptance of Aquatic Resources Delineation Reports” guidance letter issued by the U.S. Army Corps of Engineers (USACE) Los Angeles District in March 2017. The ARDR will serve as a stand- alone summary of USACE jurisdiction within the site. The report will present the results of the delineation and support the USACE 404 permit, Regional Water Quality Control Board (RWQCB) 401 Water Quality Certification, and California Department of Fish and Wildlife (CDFW) 1602 Streambed Alteration Agreement applications, as well as supporting the consistency analysis for riparian/riverine Areas defined in Section 6.1.2 of the MSHCP. The jurisdictional delineation will be presented with HELIX’s best efforts to quantify the amount of waters of the U.S. and State on the project site using the current regulations, written policies, and guidance from the regulatory agencies. However, only the USACE, RWQCB, and CDFW can make a final determination of jurisdictional boundaries. The project limits include only the segment of Madison Avenue between Guava Street and Elm Street. If Client requests additional areas beyond Guava Street and Elm Street to be included in the project, a contract augment will be required. The original scope for conducting a jurisdictional delineation has been exhausted.

Task 4 General Biological Resources Assessment/MSHCP Consistency Report. HELIX is requesting additional budget to prepare a Biological Resources Technical Report to support MSHCP consistency determination and California Environmental Quality Act (CEQA) review for the project by the City of Murrieta (City) and Regional Conservation Authority (RCA). Additional funds are being requested as the project site is located within at three criteria cells, each with specific requirements to be addressed. This report will describe the survey methods employed, present the results of the fieldwork, assess the potential for additional sensitive resources to occur on the site, identify regulatory issues related to the resources on the site, calculate project impacts, and recommend potential mitigation measures in accordance with MSHCP and CEQA requirements. This task assumes analysis of only one version of the site plan and project description. The project limits include only the segment of Madison Avenue between Guava Street and Elm Street. If Client requests additional areas to be included in the project site beyond Guava Street and Elm Street, a contract augment will be required. HELIX has a remaining budget of $3,375.

562

Contract Augment to Ryan Henry Page 4 of 6
September 5, 2023

Task 5 Determination of Biologically Equivalent or Superior Preservation. HELIX will prepare a Determination of Biologically Equivalent or Superior Preservation (DBESP) to analyze project impacts on riparian/riverine areas, present a conceptual mitigation plan for the impacts, and demonstrate consistency with Section 6.1.2 of the MSHCP. The analysis will consist of a report with supporting figures. Documentation from the project’s General Biological Resources Assessment/MSHCP Consistency Analysis Report will be used to the greatest extent feasible.

The DBESP will be submitted to the City for initiating the Joint Project Review process with the RCA and resource agencies. Based on the delineation that was conducted as part of Task 3, the project site includes MSHCP riparian/riverine resources which will need to be addressed in the DBESP. The project limits include only the segment of Madison Avenue between Guava Street and Elm Street. If Client requests additional areas beyond Guava Street and Elm Street to be included in the project, a contract augment will be required. The remaining budget for this task is $4,733.

Task 7 Support during Processing of MSHCP Consistency/Joint Project Review (JPR) Process. HELIX will provide as-needed support to the project team and City during agency review and processing of project’s MSHCP consistency documentation, including the DBESP review and JPR process with the RCA and resource agencies. The effort necessary can vary depending on the biological resources issues, agency staff assignments and project priorities, and mitigation negotiations, among other factors. For cost purposes, HELIX has assumed 25 hours of Principal Biologist time, 25 hours of Biology Project Manager time, and six hours GIS Specialist time for this task to prepare additional materials, participate in phone and e-mail correspondence, and to attend meetings. Only the number of hours expended will be billed; if Client requests additional services that expend this budget, a contract augment will be required. Client will lead all MSHCP coordination, including submitting all documents related to MSHCP consistency determination with the City and JPR process with RCA.

Task 8 Management/Meetings. HELIX has assumed 10 hours of Principal Biologist and 30 hours of Senior Biology Project Manager time for management/weekly team meetings with the project team and City, as needed. If Client requests additional services that cause HELIX to exceed the time allocated for this task, additional authorization would be required.

Task 9 Air Quality/Greenhouse Gases. HELIX will prepare an air quality and greenhouse gas (GHG) letter report in accordance with the requirements of CEQA. HELIX will coordinate with Client to obtain data relative to construction start and completion dates, phasing of the elements of construction, and construction methods. Construction emissions will be quantified using an approved modeling methodology such as the California Emissions Estimator Model (CalEEMod) or the Sacramento Metropolitan Air Quality Management District’s Roadway Construction Emissions Model.

If the project is shown in the traffic study to result in an increase to regional vehicle miles traveled (VMT), the project’s operational emissions resulting from the change in VMT will be estimated using emission factor data for on-road vehicles in Riverside County from the California Air Resources Board’s (CARB) Mobile Source Emissions and Emission Rates Database EMFAC2021.

Criteria pollutant emissions will be compared with the South Coast Air Quality Management District (SCAQMD) CEQA thresholds. Exposure of local receptors to criteria pollutants 563

Contract Augment to Ryan Henry Page 5 of 6
September 5, 2023

generated during construction will be analyzed using the SCAQMD Localized Significance Threshold methodology. A qualitative evaluation of potential health risks and objectionable odors from the project will be conducted in accordance with the recommendations found in CARB’s Air Quality and Land Use Handbook: A Community Health Perspective.

For GHG emissions, the SCAQMD interim threshold of 3,000 metric tons of GHG emissions per year will be used to assess impacts. Significance will also be assessed by considering whether implementation of the Project would conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs.

If potential significant impacts are identified, measures will be recommended to reduce pollutant emissions. HELIX will provide the results of the air quality and GHG analyses in a letter report. This will include a brief description of the Project, analytical methods used, and the results of the analyses described above, including a determination of the level of significance of impacts in accordance with CEQA guidelines.

Task 10 Noise Technical Analysis. HELIX will conduct a field inspection of the site, document and photograph surrounding developments and land features, and measure the current ambient transportation noise impacting the project site with concurrent vehicle counts on Madison Avenue. A total of two short term (one hour equivalent) noise measurements will be taken.

Included in this noise technical analysis are the following tasks to be carried out by HELIX:

• Identify applicable laws, ordinances, and regulations; • Acoustically model roadway segments using Traffic Noise Model to estimate traffic sound levels at residential structures, outdoor use areas, and develop contour distances. Traffic noise impacts will be analyzed for the following conditions: existing, existing plus project, buildout only, and buildout plus project. This analysis will include up to five roadway segments identified in the traffic report for a distance not to exceed 0.25 mile from the project boundaries on Madison Avenue;
• Map the buildout plus project roadway noise contours in a format similar to the Chapter 11 Noise Element Murrieta General Plan 2035;
• Evaluate whether the project would result in a significant noise impact per the applicable ordinances or a substantial increase in ambient noise levels. • Evaluate the potential for construction noise and vibration to have off-site noise impacts to nearby residences.
• Prepare a noise section for the Initial Study/Mitigated Negative Declaration (IS/MND), presenting the results of the noise impact evaluation. The section will address City compliance guidelines, as outlined in the Noise Element and Noise Ordinance, and will include: 1) the noise environment; 2) applicable noise limits; 3) predicted project noise levels and potential impacts; 4) applicable mitigation measures, if necessary, to address impacts.
• Update and finalize IS/MND Section with City and other reviewer comments.

ASSUMPTIONS AND LIMITATIONS

The following assumptions and limitations are a material component of this agreement. 564

Contract Augment to Ryan Henry Page 6 of 6
September 5, 2023

• Client will provide HELIX with current available digital baseline data and project plans for producing all maps and graphics, which should be submitted in one of the following formats: .dxf, .dwg (AutoCAD), .dgn (Microstation), .shp (ArcView shapefiles), .gdb (ArcGIS geodatabase) or .kmz (Google Earth). In some cases, .pdf files will be acceptable. • Costs associated with public meetings or biological surveys not specifically described above, are not included within the scope of services required of HELIX under this Agreement. • HELIX will not begin the biological surveys or reports listed above until there is at least a 30 percent design and receipt of a project description.
• The scope assumes only two rounds of minor comments on the draft technical reports (Tasks 4, 5, and 9). Major (such as revisions that require re-modeling) or multiple revisions may require additional authorization.
• The project limits include only the segment of Madison Avenue between Guava Street and Elm Street. If Client requests additional areas beyond Guava Street and Elm Street to be included in the project, a contract amendment will be required.
• The scope of work does not include the Madison Avenue bridge over Warm Springs Creek. If the bridge component is added to the project, additional services associated with the Madison Avenue bridge over Warm Springs Creek will require an amendment to HELIX’s scope and fee. • Client will identify all potential off-site components associated with the project prior to HELIX conducting the site assessment.
• Any project design changes, project design refinements, or additional work that must be completed in response to Client or review agency request, and which results in additional work or revision of any completed portion of the analysis, may require a contract augment. • Recent surveys for burrowing owl have already been conducted by others and do not need to be updated by HELIX. If additional focus surveys for burrowing owl are required, they will be covered separately.

565
3550 E. Florida Ave., Suite H
Hemet, CA 92544-4937
O: (951) 766-2000 | F: (951) 766-0020
www.appliedearthworks.com
CULTURAL RESOURCE MANAGEMENT | ARCHAEOLOGY | ARCHITECTURAL HISTORY | PALEONTOLOGY | GIS November 16, 2023

Karibia Baillargeon, Project Manager
Kleinfelder
770 First Avenue, Suite 400
San Diego, CA 92101
Transmitted via email to [email protected]

Re: REVISED Subcontract Augmentation for Additional Cultural and Paleontological Resource Services for the Madison Avenue Improvements Project, City of Murrieta, Riverside County, California Dear Karibia,
Applied EarthWorks, Inc. (Æ) is pleased to submit a proposal to Kleinfelder to augment our existing subcontract by updating the cultural and paleontological resource documentation we submitted in 2018 for the Madison Avenue Improvements Project in the city of Murrieta (City) Riverside County, California (Project). Æ understands the Project has been on hold for nearly 3 years and the Project is being reclassified and revalidated. Our scope of work and price estimate are based on the Project information you provided on November 7, 8, and 16 in addition to available online data for Riverside County.

Æ understands the Project will require compliance with the California Environmental Quality Act (CEQA), and the City is the lead CEQA agency. The following sections describe our proposed services. The success of our investigations is partially dependent on the timeliness and completeness of the updated Project description, which will be provided by Kleinfelder at the outset.

CULTURAL RESOURCE TASKS
• Æ will contact the Native American Heritage Commission (NAHC) for a search of the Sacred L ands Files. The NAHC is experiencing delays in response time. The current turnaround time for the NAHC search is 4-6 weeks.

Æ will provide assistance to the City in support of their Assembly Bill 52 (AB 52) consultation efforts. While the City is responsible for conducting AB 52 consultation with the tribes, Æ will assist by preparing draft letters for the City to review and sign , sending the letters on the City’s behalf, and compiling AB 52 responses from the tribes.

Æ’s Project Manager (Joan George) will attend up to two (2) in-person meetings with the City and interested tribes at the City’s office. We assume that each meeting will last no more than 2 hours in length and that City will be responsible for preparing the administrative record of the consultations (i.e., taking notes at the meeting and preparing and distributing minutes). In addition, Æ will attend up to one (1) field meeting at the Project site with the City and interested tribes. We assume the field meeting will last no more than 4 hours in length. Æ will provide non-confidential electronic copies of the draft cultural resource technical report and associated records search results, and the Sacred L ands Files search to interested tribes. Finally, Æ will update the current technical memorandum following the conclusion of the AB 52 consultation effort. • Æ will conduct a spot -check field survey from the street right -of-way (ROW) of the proposed Project area . The purpose of the survey is to provide a condition assessment of the proposed Project area since the 2018 survey , specifically the west side of Fig Street that was not accessible during the 2018 survey. For the purposes of this price estimate, we assume no subsurface testing and no standing structures or other cultural resources requiring documentation, updates, or evaluation are present in the Project area.

Æ’s updated companywide health & safety policy is now being implemented, although the public health concerns continue to cause fluid, everchanging circumstances . Prior to fieldwork, Æ will prepare a Job Hazard Analysis (JHA) for the Project. Project fieldwork will be allowed only when all appropriate health & safety precautions are possible and followed.
566
2 REVISED Additional Cultural and Paleontological Resource Services for the Madison Avenue Improvements Project • Following completion of the field investigations, Æ will prepare a brief technical memorandum that provides an update to the 2018 technical report . This technical memorandum will describe the Project, NAHC search results and AB 52 consultation efforts, updated survey results, and management recommendations.

Æ’s draft and revised draft memorandums will be submitted electronically in MS Word format for ease of review; our final memorandum will be submitted electronically as a PDF file. Our price estimate assumes only minor, if any, comments to address in the draft memorandum and no comments in the revised draft memorandum; no hard copies of the draft and revised draft memorandums; and no more than one (1) hard copy of the final memorandum will be required (i.e., to the Eastern Information Center). After the City has approved the memorandum, Æ will submit one hardcopy of the final memorandum to the Eastern Information Center.

PALEONTOLOGICAL RESOURCE TASKS
• Æ will request museum records searches at the Natural History Museum of Los Angeles County (NHMLAC) and the Western Science Center (WSC) for recorded paleontological resource localities within and in the vicinity of the Project boundary. The Project area is located on a single USGS topographic quadrangle map; therefore, we assume the total records search fee will not exceed $450.00. The current turnaround time for the NHMLAC and WSC records searches is generally 2 weeks, although the length has varied signi ficantly from time to time . Under this task, we also will complete reviews of online paleontological records at the University of California Museum of Paleontology (UCMP) and in the Paleobiology Database.
• Upon receipt of the museum record search results and the desktop study, Æ will conduct a spot-check field survey from the street ROW of the proposed Project area. The purpose of the survey is to provide a condition assessment of the proposed Project area since the 2018 survey, specifically the west side of Fig Street that was not accessible during the 2018 survey. For the paleontological survey, we anticipate no discoveries of paleontological resources (i.e., significant or insignificant) requiring documentation or evaluation will be identified during the field survey. • Following completion of the field survey, Æ will prepare a brief technical memorandum to document the desktop and field findings. Our technical memorandum will be an update to our 2018 Paleontological Resource Assessment (PRA). All paleontological work will be conducted in accordance with the City’s guidelines and will meet the requirements of CEQA. Æ will submit the draft PRA electronically in MS Word format for ease of review; we assume comments to address, if any, will be minimal prior to finalization. Æ will submit our final PRA electronically as a PDF file. No hardcopies will be prepared or submitted. • Æ will prepare a Paleontological Resource Impact Mitigation Program (PRIMP). The PRIMP meet the requirements of the City’s mitigation measures by providing instructions for the onsite monitoring and appropriate protocols for any unanticipated paleontological resources uncovered by ground-disturbing activities. The PRIMP also will provide a contextual overview of the geology and paleontology of the Project area, discuss the regulatory framework of the Project, describe methods used to conduct the study, defi ne paleontological resource significance and sensitivity, and present the results of the PRA. The PRIMP will be written by Æ staff who meet the County of Riverside and Society of Vertebrate Paleontology (SVP) qualifications standards. The PRIMP will follow current industry standards, including the County of Riverside and SVP guidelines. Æ will submit the draft PRIMP electronically to Kleinfelder in MS Word format for ease of review by the City; we assume no comments to address prior to finalization. Therefore, Æ will be able to convert the Word document to a PDF file for the final PRIMP. No hardcopies of the PRIMP will be provided and we will submit the final PRIMP directly to City.

A price estimate is attached for the cultural and paleontological resource services. Other Direct Costs (ODCs), except for mileage, are marked up 10 percent. This scope of work assumes there are no federal funds, lands, or permits involved in this Project. If the Project becomes federalized, modification of this scope of work and price estimate may be needed.

567
3 REVISED Additional Cultural and Paleontological Resource Services for the Madison Avenue Improvements Project Our estimate is valid for 90 days. If the Project starts within this 90-day period but is put on hold, a cost modification may be needed at the time of restarting. Our work will be completed on a time and materials basis with monthly invoicing, and Kleinfelder will make payment to Æ within 30 days of receipt of an acceptable invoice. Delayed payments may result in work stoppage by Æ and final deliverables may be withheld until payments for past -due invoices are received. Any substantial changes in the assumptions used by Æ in preparing this proposal, or in work conditions and requirements could necessitate revision of the work scope, level of effort, schedule, and/or budget. Æ cannot predict service disruptions that may result from natural or public health emergencies.

We look forward to working with you on this Project. Please do not hesitate to contact me at 951-766-2000 (extension 523) if you have questions or require additional information.

Best regards,

Joan George, B.S., RA (28093)
Senior Archaeologist
Applied EarthWorks, Inc.

Encl. Price Estimate
568
Hours Price Price Hours Price Hours Price Hours Price
$205.78 $ $ - $ - 3 $ 617.34 4 $ 823.12 8 $ 1,646.24
$200.92 $ $ - $ - 2 $ 401.84 $ - 2 $ 401.84
$119.28 $ 24 $ 2,862.72 $ 119.28 8 $ 954.24 $ - 39 $ 4,651.92 $112.82 $ $ - $ - 8 $ 902.56 8 $ 902.56 16 $ 1,805.12
$101.87 $ 2 $ 203.74 $ 101.87 6 $ 611.22 4 $ 407.48 13 $ 1,324.31 $101.31 $ $ - $ - 16 $ 1,620.96 24 $ 2,431.44 40 $ 4,052.40 $78.96 $ $ - $ 473.76 $ - $ - 6 $ 473.76
$74.20 $ $ - $ 445.20 $ - $ - 6 $ 445.20
$ 26 $ 3,066.46 $ 1,140.11 43 $ 5,108.16 40 $ 4,564.60 130 $ 14,800.79 Units Price Price Units Price Units Price Units Price
$0.66/mile $ 180 $ 117.90 $ 137.55 $ - $ - 390 $ 255.45 $25/each $ $ - $ - 1 $ 27.50 $ - 1 $ 27.50
$450/each $ $ - $ - 1 $ 495.00 $ - 1 $ 495.00
$50/each $ $ - $ - 1 $ 55.00 $ - 1 $ 55.00
$ 180 $ 117.90 $ 137.55 3 $ 577.50 0 $ 0.00 393 $ 832.95 $ 26 $ 3,184.36 $ 1,277.66 43 $ 5,685.66 40 $ 4,564.60 130 $ 15,633.74 Total Hours Worked
Total Price
Labor Rate Admin SLF Search & AB-52
Assistance
Cultural & Paleo Spot-
check Surveys
Additional Cultural and Paleontological Resource Services for the Madison Avenue Improvements Project - 11-17-2023 Cultural & Paleo
Memorandums
PRIMP Total
Hours Price Hours
Principal Paleontologist 1 205.78
Principal Archaeologist -
Senior Archaeologist 6 715.68 1
Publication Manager/Editor -
GIS Analyst 1 - 1
Senior Paleontologist -
Associate Archaeologist - 6
Paleo Technician - 6
TOTAL LABOR 7 921.46 14
Units Price Units
Mileage - 210
Other Direct Costs
Postage -
Records Search -
Reproduction -
PROJECT EXPENSE COST + APPLICABLE FEE 0 0.00 210
TOTAL LABOR & OTHER DIRECT COSTS 7 921.46 14
130.0
$15,633.74
569
City of Murrieta
Madison Avenue Street Imrovements
Guava Street to Elm Street
CIP 8357
Job No. 18099
Original
Contract
Addendum
#01
Addendum
#02
NEW Total
Task Fee
Phase Description Amount Amount Amount Amount
Task 1 Project Management

1.10 Kick Off Meeting 4,720 $ 14,850 $ 19,570 $

1.20 Meetings (Conceptual Design) 14,040 $ 18,417 $ 32,457 $

1.30 Meetings (Final Design) 29,640 $ 5,472 $ 35,112 $

1.40 Public Involvement/Notifications/Meetings 13,360 $ 1,286 $ 14,646 $ Task 2 Project Research & Investigation

2.10 Project Research & Investigation 2,180 $ 2,680 $ 4,860 $

2.20 Initial Basemap 5,620 $ 5,910 $ 11,530 $ Task 3 Surveying and Control

3.10 Existing Survey Mapping 42,509 $ 14,150 $ 56,659 $

3.20 Aerial Topography 11,820 $ -$ 11,820 $

3.30 Field Topographical Survey 14,222 $ 4,457 $ 18,679 $

3.40 Record of Survey 23,910 $ 4,782 $ 28,692 $ Task 4 Environmental (Kleinfelder)

4.10 CEQA Document 42,370 $ 34,569 $ 76,939 $

4.21 Regulatory Permit Preparation and Processing 28,200 $ 28,200 $

4.22 Conceptual HMMP 9,980 $ 9,980 $

4.23 Final HMMP 4,860 $ 4,860 $

4.30 MSHCP Compliance / DBESP 21,060 $ 42,330 $ 63,390 $ Tech Study for Biology 21,600 $ 29,420 $ 10,586 $ 61,606 $ Focused Burrowing Owl Survey (NEW) 9,705 $ 9,705 $

4.52 Tech Studies for Cultural and Paleontological Resources 11,120 $ 19,365 $ 30,485 $

4.53 Tech Studies for Air Quality, GHG, and Noise/Vibration 7,780 $ 9,480 $ 17,260 $

4.54 Tech Studies for Aesthetics 3,950 $ 3,950 $

4.55 Tech Studies for Geology, Soils, Hazards/Hazardous Mat. 3,910 $ 3,910 $

4.60 Tech Study for Traffic 21,100 $ 16,870 $ 37,970 $

4.70 Tech Study for Drainage (CEQA Doc.) 2,630 $ 2,630 $

4.80 Tech Study for Water Quality (CEQA Doc.) 6,800 $ 6,800 $

4.90 Bridge Bio., Cultural and Paleo. Constraints Letter Report 12,695 $ 12,695 $ Task 5 Geotechnical Investigation (Kleinfelder)

5.10 Literature Review 785 $ 733 $ 1,518 $

5.20 Health and Saftey Plan 565 $ 200 $ 765 $

5.30 Boring Locations and Utility Clearance 6,185 $ 2,660 $ 8,845 $

5.41 Geotechnical Borings (Roadway) 13,350 $ 12,700 $ 26,050 $

5.42 Geotechnical Borings (Bridge) 3,200 $ 29,391 $ 32,591 $

5.43 Geotechnical Borings (Infiltration Testing) 20,380 $ 3,500 $ 23,880 $

5.50 Geotechnical Laboratory Testing 11,715 $ 2,464 $ 14,179 $

5.60 Data Evaluation and Analysis 715 $ 200 $ 915 $

5.70 Report Preparation 24,320 $ 6,080 $ 30,400 $

4.51 Printed Date: 12/5/2023 Contract Phases Page 1 of 2 570 City of Murrieta
Madison Avenue Street Imrovements
Guava Street to Elm Street
CIP 8357
Job No. 18099
Phase Description Amount Amount Amount Amount
Task 6 Utility Coordination

6.00 Utility Coordination Support 2,980 $ 715 $ 3,695 $ Task 7 Hydology and Hydraulic Report

7.00 Hydrology & Hydraulics Report 20,720 $ 7,705 $ 28,425 $ Task 8 Vertical Alignment Studies

8.00 Vertical Alternatives Studies (3 max.) 57,450 $ 12,165 $ 69,615 $ Task 9 Bridge Scoping

9.10 Advanced Planning Study (APS) 36,880 $ 16,755 $ 53,635 $

9.20 Preliminary Bridge Hydraulic Report 19,300 $ 366 $ 19,666 $ Task 10 Water Quality Management Plan (WQMP)

10.00 Water Quality Management Plan (WQMP) 17,380 $ 5,644 $ 23,024 $ Task 11 Improvement Plans (30%, 70%, 95%, Final)

11.10 Street Improvements 99,940 $ 23,986 $ 123,926 $

11.20 Grading Plan 37,470 $ 8,993 $ 46,463 $

11.30 Storm Drain Improvements 48,160 $ 11,558 $ 59,718 $

11.40 Erosion Control Plan 6,490 $ 1,558 $ 8,048 $

11.50 Signing and Striping Plan 7,540 $ 1,810 $ 9,350 $

11.60 Traffic Signal Plans 3,830 $ 919 $ 4,749 $

11.70 Traffic Control / Detour Plan 10,400 $ 2,496 $ 12,896 $ Task 13 Cost Estimate (30%, 70%, 95%, Final)

13.00 Cost Estimate 18,360 $ 4,406 $ 22,766 $ Task 14 Specifications & Contract Documents (30%, 70%, 95%, Final)

14.00 Specifications & Contract Documents 23,670 $ 5,681 $ 29,351 $ Task 15 Plat and Legal Descriptions (110 max.)

15.00 Plat and Legal Descriptions (110 max.) 143,050 $ 34,332 $ 177,382 $ Task 16 Storm Water Pollution Prevention Plan

16.00 SWPPP 10,830 $ 2,599 $ 13,429 $ Total Labor Amount (includes direct cost) = 1,005,741 $ 413,994 $ 29,951 $ 1,449,686 $ 9999.00 Reimbursable Expenses (RICK) 22,638 $ 4,376 $ 27,014 $ 9999.10 Reimbursable Expenses (Kleinfelder) 6,631 $ 5,000 $ 833 $ 12,464 $ Total Reimbursable Expenses = 29,269 $ 9,376 $ 833 $ 39,478 $ Total Contract Amount = 1,035,010 $ 423,370 $ 30,784 $ 1,489,164 $ Printed Date: 12/5/2023 Contract Phases Page 2 of 2 571 572

20184134.001A January 11, 2024
© 2024 Kleinfelder www.kleinfelder.com

KLEINFELDER 770 First Avenue, Suite 400, San Diego, CA 92101 Phone 619-831-4600

January 11, 2024
Kleinfelder Project No.: 20184134.001A

Mr. Scott Patton
Rick Engineering
36 Discovery, Suite 240
Irvine, CA 92618

SUBJECT: Proposal for Madison Avenue Street Improve ments - Amendment 3

Dear Scott:

Kleinfelder is pleased to provide Rick Engineering with this proposal to augment consulting and environmental services on the Madison Avenue Street Improvements project. These services were not covered in the original 2018 contract, Ame ndment 1, or Amendment 2. Please see attached fee proposal.

SCOPE OF SERVICES

Task 4 – Environmental

Task 4.5.1 – Tech Study for Biology

As a subconsultant to Kleinfelder, HELIX Environmen tal Planning (HELIX) is conducting the biological resources tasks for the project. Recentl y, HELIX identified the potential occurrence of Fairy Shrimp within the project area and submitted a proposal on January 2, 2024, as part of Amendment 3. HELIX will provide wet and dry season Fairy Shrimp surveys. Kleinfelder will provide management, administration, coordination wi th HELIX on the potential locations and/or presence of Fairy Shimp, review of the wet and dry season survey results, and will also incorporate the survey results into the CEQA document.

The HELIX proposal is included for reference.

Task 4.5.3 – Tech Studies – Air Quality, Green House Gas, Noise

HELIX is conducting technical studies for Air Quali ty, Green House Gas, and Noise and requested from Rick Engineering information related to construction activities, equipment, and durations. Rick Engineering does not provide this construction specialty and has asked Kleinfelder Construction Services (KCS) for support to prepare a design-level construction schedule that identifies the primary phases of work and critical tasks necessary for completing the roadway widening and improvements. KCS will also develop a list of construction equipment type and durations per phase of work, and will coordinate with Kleinfelder, Rick Engineering, and HELIX to discuss and resolve any discrepancies with construction activities. Kleinfelder will provide management, administration, and incorporate construction schedule information into the CEQA document.

ADDENDUM #3
ATTACHMENT #1

CITY TO PROVIDE THIS

INFORMATION
573

20184134.001A January 11, 2024
© 2024 Kleinfelder www.kleinfelder.com

AUTHORIZATION
We appreciate the opportunity to be of professional service on this project. Please contact me if you have any questions or need additional information.

Sincerely,

KLEINFELDER

Karibia Baillargeon
Project Manager
619-831-4556 (office)
619-929-7346 (cell)
[email protected]

Attachments:

1. Kleinfelder Fee Proposal

2. Helix Proposal

574

FEE SUMMARY
Madison Avenue Street Improvements - Amendment 3
Karibia Baillargeon John Karamitsos Laura Anderson Duf f Joseph

LABOR CATEGORY
11 - Project
Manager II
12 - Principal
Professional
10 - Sr. Project
Controls
Professional
13 - Sr. Principal
Professional
TOTAL
HOURS

KLEINFELDER

LABOR FEE LAB FEE

UNIT AND

EXPENSE
FEE
SUB-

CONSULTANT

FEE TOTAL FEE
Billing rate ($/hr) $194.41 $204.40 $140.19 $312.32
Task 4.5.1 - Tech Study for Biology 0 0 0 0 0 -$ - $ - $ - $ - $ Subtask 4.5.1.6 HELIX: Wet Season Fairy Shrimp Surveys 0 0 0 0 0 -$ - $ - $ 34,532.00 $ 34,532.00 $ Subtask 4.5.1.7 HELIX: Dry Season Fairy Shrimp Surveys 0 0 0 0 0 -$ - $ - $ 15,905.00 $ 15,905.00 $ Subtask 4.5.1.8 KLF Bridge: Fairy Shrimp Surveys 12 0 8 0 20 3,454.44 $ - $ - $ - $ 3,454.44 $ Subtask 4.5.1.9 KLF Env: Fairy Shrimp Surveys 0 12 0 0 12 2,452.80 $ - $ - $ - $ 2,452.80 $ 0 0 0 0 0 0 -$ - $ - $ - $ - $ Task 4.5.3 - Tech Studies-AQ, GHG, Noise 0 0 0 0 0 -$ - $ - $ - $ - $ Subtask 4.5.3.2 KCS: Tech Studies-AQ, GHG, Noise 0 0 0 32 32 9,994.24 $ - $ - $ - $ 9,994.24 $ Subtask 4.5.3.3 KLF Bridge: Tech Studies-AQ, GHG, Noise 4 0 4 0 8 1,338.40 $ - $ - $ - $ 1,338.40 $ 0 0 0 0 0 0 -$ - $ - $ - $ - $ LABOR HOURS 16 12 12 32 72
LABOR FEE $3,110.56 $2,452.80 $1,682.28 $9,994.24 17,239.88 $ - $ - $ 50,437.00 $ 67,676.88 $ $56,344.24
575

HELIX Environmental Planning, Inc.
7578 El Cajon Boulevard
La Mesa, CA 91942
619.462.1515 tel
619.462.0552 fax
www.helixepi.com
December 22, 2023 01391.00002.003

Karibia Baillargeon
Project Manager
Kleinfelder
770 First Avenue, Suite 400
San Diego, CA 92101

Subject: Contract Augment to Provide Additional Biological Consulting Services for the Madison Avenue Street Improvement Project (CIP No. 8357)

The original written contract dated September 1, 2022 (SDI23C150704) by and between Kleinfelder, Inc. (Client) and Helix Environmental Planning, Inc. (Subconsultant) is hereby augmented as follows:

SCOPE OF WORK (See attached)

HELIX submits this cost estimate not to exceed $50,437, which is provided below in a breakdown by task. Tasks 11 and 12 shall be invoiced on a time-and-materials basis pursuant to Exhibit B, Schedule of Fees. Payment terms are net 30 days pursuant to the Terms and Conditions referenced herein.

CURRENT CONTRACT TOTAL $112,308

Task
Number Task Name Cost
11 Wet Season Fairy Shrimp Surveys $34,532
12 Dry Season Fairy Shrimp Survey 15,905
Subtotal $50,437

TOTAL REVISED CONTRACT $162,745

Sincerely,

Beth Jolie Martinez
Biology Group Manager
576

Contract Augment to Karibia Baillargeon Page 2 of 4
December 22, 2023

I hereby authorize HELIX to continue work in accordance with this Augment and the original Terms and Conditions and Schedule of Fees.

___________________________
(Client)

By: ___________________________
Name
Title

Date: ___________________________

577

Contract Augment to Karibia Baillargeon Page 3 of 4
December 22, 2023

SCOPE OF WORK

Task 11 Wet Season Fairy Shrimp Surveys. HELIX will conduct U.S. Fish and Wildlife Service (USFWS) protocol wet season sampling for fairy shrimp during the 2023/2024 rainy season. Wet season protocol requires that inundated basins be surveyed every week, with the first survey beginning one week after the basins hold three centimeters (cm) of water 24 hours after a rain event. Surveys will continue weekly until they are no longer inundated, they have experienced 120 days of continuous inundation, or until it has been confirmed that listed fairy shrimp (e.g., the federally listed Riverside [Streptocephalus woottoni] fairy shrimp) are present in the basin. If the basins dry and then refill in the same rainy season, sampling will be reinitiated within 8 days of refilling every time they meet the 3 cm of standing water criteria and will continue as described above. The number of surveys will depend on the amount and timing of rainfall as well as survey results. HELIX will also prepare all samples (i.e. lots) to be archived at the Natural History Museum of Los Angeles County following archival guidelines.

HELIX is required under its 10(a)(1)(A) recovery permit (ES-778195-15) to notify the USFWS 15 days in advance of starting the first survey and submit a written report to the USFWS within 90 days of completing the final survey. For cost purposes, HELIX has assumed seven basins, one pond check, and 20 sampling visits. Additional basins or visits would require additional authorization.

Task 12 Dry Season Fairy Shrimp Survey. HELIX will conduct one USFWS protocol-level dry season sampling survey after to the terminus of the 2023/2024 rainy season. A HELIX biologist authorized by the USFWS to conduct dry sampling surveys will conduct the sampling and analysis. The scope of work will include collection and laboratory analysis of soil samples from each basin. The results of the sampling and analysis will be provided in a report, which will include a map prepared pursuant to USFWS requirements. HELIX is required under its 10(a)(1)(A) recovery permit (ES-778195-15) to notify the USFWS 15 days in advance of starting the fieldwork and submit a written report to the USFWS within 90 days of completing the fieldwork. For cost purposes, HELIX has assumed a total of seven basins, three of which falling within the 0.0005-0.005 size range (10 samples/basin), four within the 0.005-0.05 acre size range (25 samples/basin) and none within the 0.05 – 0.5 acre size range (50 samples/basin).

HELIX will also prepare all samples (aka lots) to be archived at the Natural History Museum of Los Angeles County following archival guidelines1. If necessary, hatching of fairy shrimp cysts can be performed by a permitted individual working as a subconsultant to HELIX under an augment to this Agreement.

1If hatching is required the subconsultant will be responsible for preparing and submitting samples to the Natural History Museum of Los Angeles County.

578

Contract Augment to Karibia Baillargeon Page 4 of 4
December 22, 2023

ASSUMPTIONS AND LIMITATIONS

• Client will provide HELIX with current available digital baseline data and project plans for producing all maps and graphics, which should be submitted in one of the following formats: .dxf, .dwg (AutoCAD), .dgn (Microstation), .shp (ArcView shapefiles), .gdb (ArcGIS geodatabase) or .kmz (Google Earth). In some cases, .pdf files will be acceptable. • Soil for dry season surveys fairy shrimp can be collected in a single day. • Assumes each survey visit can be completed within a single day. • Assume no more than 6 lots (each time fairy shrimp are collected equals a lot. A single basin can have multiple lots if shrimp are collected in that basin multiple times). • Assumes the Natural History Museum of Los Angeles County will not charge an accession fee upon delivery of archival samples for both wet season and dry season lots.

579
City of Murrieta
Madison Avenue Street Imrovements
Guava Street to Elm Street
CIP 8357
Job No. 18099
Original
Contract
Addendum
#01
Addendum
#02
Addendum
#03
NEW Total
Task Fee
Phase Description Amount Amount Amount Amount Amount
Task 1 Project Management

1.10 Kick Off Meeting 4,720$ 14,850$ 19,570$

1.20 Meetings (Conceptual Design) 14,040$ 18,417$ 32,457$

1.30 Meetings (Final Design) 29,640$ 5,472$ 35,112$

1.40 Public Involvement/Notifications/Meetings 13,360$ 1,286$ 14,646$ Task 2 Project Research & Investigation

2.10 Project Research & Investigation 2,180$ 2,680$ 4,860$

2.20 Initial Basemap 5,620$ 5,910$ 11,530$ Task 3 Surveying and Control

3.10 Existing Survey Mapping 42,509$ 14,150$ 56,659$

3.20 Aerial Topography 11,820$ -$ 11,820$

3.30 Field Topographical Survey 14,222$ 4,457$ 18,679$

3.40 Record of Survey 23,910$ 4,782$ 28,692$ Task 4 Environmental (Kleinfelder)

4.10 CEQA Document 42,370$ 34,569$ 76,939$

4.21 Regulatory Permit Preparation and Processing 28,200$ 28,200$

4.22 Conceptual HMMP 9,980$ 9,980$

4.23 Final HMMP 4,860$ 4,860$

4.30 MSHCP Compliance / DBESP 21,060$ 42,330$ 63,390$ Tech Study for Biology 21,600$ 29,420$ 10,586$ 56,344$ 117,950$ Focused Burrowing Owl Survey (NEW) 9,705$ 9,705$

4.52 Tech Studies for Cultural and Paleontological Resources 11,120$ 19,365$ 30,485$

4.53 Tech Studies for Air Quality, GHG, and Noise/Vibration 7,780$ 9,480$ 17,260$

4.54 Tech Studies for Aesthetics 3,950$ 3,950$

4.55 Tech Studies for Geology, Soils, Hazards/Hazardous Mat. 3,910$ 3,910$

4.60 Tech Study for Traffic 21,100$ 16,870$ 37,970$

4.70 Tech Study for Drainage (CEQA Doc.) 2,630$ 2,630$

4.80 Tech Study for Water Quality (CEQA Doc.) 6,800$ 6,800$

4.90 Bridge Bio., Cultural and Paleo. Constraints Letter Report 12,695$ 12,695$

4.51 Printed Date: 1/22/2024 Contract Phases Page 1 of 3 580 City of Murrieta
Madison Avenue Street Imrovements
Guava Street to Elm Street
CIP 8357
Job No. 18099
Phase Description Amount Amount Amount Amount Amount
Task 5 Geotechnical Investigation (Kleinfelder)

5.10 Literature Review 785$ 733$ 1,518$

5.20 Health and Saftey Plan 565$ 200$ 765$

5.30 Boring Locations and Utility Clearance 6,185$ 2,660$ 8,845$

5.41 Geotechnical Borings (Roadway) 13,350$ 12,700$ 26,050$

5.42 Geotechnical Borings (Bridge) 3,200$ 29,391$ 32,591$

5.43 Geotechnical Borings (Infiltration Testing) 20,380$ 3,500$ 23,880$

5.50 Geotechnical Laboratory Testing 11,715$ 2,464$ 14,179$

5.60 Data Evaluation and Analysis 715$ 200$ 915$

5.70 Report Preparation 24,320$ 6,080$ 30,400$ Task 6 Utility Coordination

6.00 Utility Coordination Support 2,980$ 715$ 3,695$ Task 7 Hydology and Hydraulic Report

7.00 Hydrology & Hydraulics Report 20,720$ 7,705$ 28,425$ Task 8 Vertical Alignment Studies

8.00 Vertical Alternatives Studies (3 max.) 57,450$ 12,165$ 69,615$ Task 9 Bridge Scoping

9.10 Advanced Planning Study (APS) 36,880$ 16,755$ 53,635$

9.20 Preliminary Bridge Hydraulic Report 19,300$ 366$ 19,666$ Task 10 Water Quality Management Plan (WQMP)

10.00 Water Quality Management Plan (WQMP) 17,380$ 5,644$ 23,024$ Task 11 Improvement Plans (30%, 70%, 95%, Final)

11.10 Street Improvements 99,940$ 23,986$ 123,926$

11.20 Grading Plan 37,470$ 8,993$ 46,463$

11.30 Storm Drain Improvements 48,160$ 11,558$ 59,718$

11.40 Erosion Control Plan 6,490$ 1,558$ 8,048$

11.50 Signing and Striping Plan 7,540$ 1,810$ 9,350$

11.60 Traffic Signal Plans 3,830$ 919$ 4,749$

11.70 Traffic Control / Detour Plan 10,400$ 2,496$ 12,896$ Printed Date: 1/22/2024 Contract Phases Page 2 of 3 581 City of Murrieta
Madison Avenue Street Imrovements
Guava Street to Elm Street
CIP 8357
Job No. 18099
Phase Description Amount Amount Amount Amount Amount
Task 13 Cost Estimate (30%, 70%, 95%, Final)

13.00 Cost Estimate 18,360$ 4,406$ 22,766$ Task 14 Specifications & Contract Documents (30%, 70%, 95%, Final)

14.00 Specifications & Contract Documents 23,670$ 5,681$ 29,351$ Task 15 Plat and Legal Descriptions (110 max.)

15.00 Plat and Legal Descriptions (110 max.) 143,050$ 34,332$ 177,382$ Task 16 Storm Water Pollution Prevention Plan

16.00 SWPPP 10,830$ 2,599$ 13,429$ Total Labor Amount (includes direct cost) = 1,005,741$ 413,994$ 29,951$ 56,344$ 1,506,030$ 9999.00 Reimbursable Expenses (RICK) 22,638$ 4,376$ 27,014$ 9999.10 Reimbursable Expenses (Kleinfelder) 6,631$ 5,000$ 833$ 12,464$ Total Reimbursable Expenses = 29,269$ 9,376$ 833$ -$ 39,478$ Total Contract Amount = 1,035,010$ 423,370$ 30,784$ 56,344$ 1,545,508$ Printed Date: 1/22/2024 Contract Phases Page 3 of 3 582

MADISON AVENUE

STREET IMPROVEMENTS

BRIDGE SCOPING
FIG ST
ELM ST

MADISON AVE

JEFFERSON AVE

MONROE AVE

ADAMS AVE

JACKSON AVE

HOOVER AVE

NICK LN

GUAVA ST

CORNINGPL

NEWTON-AZRAK ST

GOLDEN GATE CIR
PEARST

LARCHMONT LN

PIERCECIR

MADISON AVE
Madison Avenue Improvements Project 01/24/2018
AttachmentVicinity Map500 0 500250 Feet
G:\GISData\Departments\Engineering\ArcMapDocs_18\Vicinity..mxd E

LOCATION MAP
583

CITY OF MURRIETA
City Council Meeting Agenda
Report
2/20/2024
Agenda Item No. 10.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Director of Public Works
PREPARED BY: Renée Santos, Administrative Assistant - Engineering SUBJECT: On-Call Plan Check Engineering Services - Bureau Veritas North America, Inc. and Michael Baker International, Inc.

RECOMMENDATION
Approve a purchase order with Bureau Veritas for on-call plan check services for Fiscal Year 2023/24 for an amount not to exceed $210,000 from the Engineering General Fund; Approve a purchase order with Michael Baker International, Inc. for on-call plan check services for FY 2023/24 for an amount not to exceed $276,000 from the Engineering General Fund; and Authorize the City Manager to execute the purchase orders.

PRIOR ACTION/VOTE
On June 20, 2023, the City Council authorized entering into Agreements for miscellaneous on-call consulting services that included Bureau Veritas North America, Inc., and Michael Baker International, Inc. (Vote: 4-0-1).

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

BACKGROUND
On June 20, 2023, the City Council approved on-call engineering plan check services Agreements with Bureau Veritas North America, Inc. (BV) and Michael Baker International, Inc. (MBI). Each has been providing ongoing plan check services under current on-call Agreements. The plan check services include civil engineering review for land development projects seeking approval of grading permits and street improvement encroachment permits.

Purchase orders (PO) were established for BV and MBI in the amounts of $75,000 each under the signing authority of the City Manager for the second quarter of FY 2023/24. Staff estimates additional funds are needed for the remainder of FY 2023/24 as follows:

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2/20/2024
Agenda Item No. 10.

Consultant Purchase Order Amount
Bureau Veritas North America, Inc. $210,000
Michael Baker International, Inc. $276,000
Total of Both Purchase Orders $486,000

FISCAL IMPACT
Adequate funding for these POs exists in the Operating Budget Engineering account: 1106120-60600.

ATTACHMENTS

1. 2023 On-Call Agreement with Bureau Veritas North America, Inc.

2. 2023 On-Call Agreement with Michael Baker International, Inc.

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AGREEMENT BETWEEN THE CITY OF MURRIETA
AND
BUREAU VERITAS NORTH AMERICA, INC.

This Agreement (“Agreement”), made this 20th day of June, 2023, by and between the CITY OF MURRIETA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California ("CITY"), and BUREAU VERITAS NORTH AMERICA, INC., a California Corporation ("CONSULTANT") with reference to the following facts, which are acknowledged by each party as true and correct:

RECITALS

A. CITY is a general law city, formed and existing pursuant to the provisions of the California Government Code.

B. CITY is authorized to enter into consultant agreements under the provisions of California Government Code section 53060.

C. CITY desires or is in need of Engineering Plancheck services.

D. CONSULTANT has special knowledge, experience and facilities for accomplishing the above design or engineering services.

E. CITY now desires to retain CONSULTANT to accomplish the above design or engineering services, and CONSULTANT is willing to be so retained pursuant to the terms and conditions of this Agreement.

AGREEMENT

NOW, THEREFORE, it is agreed by and between the parties as follows:

OPERATIVE PROVISIONS

1. RESPONSIBILITIES OF CONSULTANT

1.1 CONSULTANT shall undertake to carry on the scope of services as listed in the attached Scope of Services (refer to Exhibit “A”), which is attached to and made a part of this Agreement. To the extent the provisions of Exhibit “A” are ambiguous in relation to the provisions of this Agreement, inconsistent with the provisions of this Agreement, or expand upon the provisions of this Agreement, the provisions of this Agreement shall take precedence and the provisions of Exhibit “A” shall not apply. These duties may be adjusted from time to time as agreed upon in writing by CONSULTANT and CITY. Any additional services authorized by CITY shall be subject to all terms and conditions of this Agreement, except as modified in writing in accordance with Section 24.

1.2 CONSULTANT acknowledges that no level of work is guaranteed. Assignments will be determined on an as -needed basis for which purchase orders will be issued based on services required and CONSULTANT’s fee schedule (refer to Exhibit “B”), which is attached to and made a part of this Agreement.

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1.3 Representations. CONSULTANT will perform the services set out in this Agreement, as contemplated herein, in an efficient, timely, and professional manner, and in accordance with generally accepted standards for performing similar services. It is understood that CITY, in entering into this Agreement, is relying on CONSULTANT’s representations for quality and professional work performed in a timely manner, and CONSULTANT shall perform in accordance with those representations and standards.

1.4 Monthly Written Reports. The Project Manager of CONSULTANT shall prepare and submit to the Assistant City Manager a monthly written report specifying the activities of CONSULTANT pursuant to this Agreement. CONSULTANT shall prepare the monthly written report in a format acceptable to the CITY. CONSULTANT shall submit the monthly written report to the CITY by the second Friday of each month.

2. ADMINISTRATION OF AGREEMENT

2.1 CITY appoints its City Manager, or his/her designee, to administer CITY’s rights under this Agreement, and to review the work performed by CONSULTANT pursuant to the scope of services.

2.2 CONSULTANT shall keep the City Manager, CITY’s representative, or his/her designee or designees, fully informed as to the progress of the work and shall submit to CITY such oral and written reports as CITY may specify.

2.3 This Agreement shall be administered on behalf of the parties hereto, and any notice desired or required to be sent to a party hereunder shall be addressed, as follows:

For CITY: Jeffrey J. Hitch, Principal Civil Engineer
Address: City of Murrieta
One Town Square
Murrieta, CA 92562
Phone: (951) 461-6065
Facsimile: (951) 461-6049

For CONSULTANT: Moe Heivand
Regional Manager / Project Manager
CONSULTANT: Bureau Veritas North America, Inc.

Address: 9988 Hibert Street, Suite 100
S an Diego, CA 92131
Phone: ( 858) 863-2013
Facsimile: N/A

3. TERM

3.1 The services called for under this Agreement shall be provided by CONSULTANT during the period commencing upon execution of this Agreement and shall continue through June 30, 2026. This Agreement may renew for up to three (3) additional one (1) year terms based on satisfactory performance of the services called for in the Agreement, at the discretion of the City Manager at least thirty (30) days written notice prior to the expiration of the initial term or any subsequent annual renewal.

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3.2 Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.

4. PAYMENT TO CONSULTANT

4.1 Consideration. In consideration of the services to be performed by CONSULTANT for the CITY as set forth in Section 1, the CITY agrees to pay CONSULTANT for hours worked at the hourly rates specified in the CONSULTANT’S rate and fee schedule in Exhibit “B”. The specified hourly rates include direct salary costs, employee benefits, overhead, and fee.

The CITY also agrees to pay CONSULTANT for incurred direct costs other than salary costs, and other costs that are identified in Exhibit “A”. The total amount payable by the CITY shall not exceed the amount designated on individual purchase orders issued pursuant to this Agreement.

Each purchase order will require a scope of services, expected results, project deliverables, period of performance, and project schedule. CONSULTANT shall accept such sums as full compensation for the services listed on each individual purchase order. The rates on Exhibit “B” may be adjusted at the beginning of each fiscal year up to the amount of change in the Consumer Price Index, not to exceed five percent (5%).

4.2 Additional Services. If CITY desires any additional services (“Additional Services”), CONSULTANT may, upon written request by the CITY, furnish a proposal including an itemized statement of the estimated cost of the Additional Services thereof, and the CITY may modify or alter the proposal, or may reject the proposal in its entirety, at its sole discretion, or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the written approval of any Additional Services including costs by CONSULTANT and CITY, CONSULTANT shall perform the Additional Services and CITY will pay to CONSULTANT the cost of the Additional Services as agreed in writing. All money due for Additional Services shall be supported by a detailed statement of CONSULTANT showing the basis of said claims, and certified by proper officers of CONSULTANT.

4.3 Payments. CONSULTANT shall submit monthly invoices to the CITY for CONSULTANT’s services r endered, in accordance with the schedule of tasks and charges attached as Exhibit “B”, not to exceed the amount of the City issued purchase order. Payment of CONSULTANT’s fee shall be made in accordance with CITY’s normal schedule for issuance of checks. CONSULTANT agrees and acknowledges that it is CONSULTANT’s sole responsibility to report as income all compensation received from CITY, and to make the requisite tax filings and payments to the appropriate federal, state and local tax authorities.

5. STATUS OF CONSULTANT

5.1 Independent Contractor. It is understood and agreed that CITY is interested only in the results obtained from service hereunder and that CONSULTANT shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. CONSULTANT shall complete this Agreement according to its own methods of work which shall be in the exclusive charge and control of CONSULTANT and which shall not be subject to control or supervision by the CITY, except as to the results of the work. CONSULTANT is, for all purposes arising out of this Agreement, an independent contractor, and neither CONSULTANT, nor its employees, agents, or representatives shall be deemed an employee of the CITY for any purpose.

5.2 Employee Benefits. CONSULTANT shall be responsible for all salaries, payments, insurance and benefits for all of its officers, agents, representatives and employees in performing DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 588738
services pursuant to this Agreement. It is expressly understood and agreed that CONSULTANT and its employees, agents, and representatives shall in no event be entitled to any CITY benefits to which CITY employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation, worker's compensation, sick or injury leave, or other benefits.

5.3 Workers' Comp ensation Insurance. CONSULTANT agrees to procure and maintain in full force and effect Workers' Compensation Insurance covering its employees and agents while these persons are participating in the activities hereunder, as provided in Section

6.1.2 of this Agreement.

5.4 Prevailing Wages. Pursuant to provisions of section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office. CONSULTANT shall post a copy of such rates at their office and shall pay the adopted prevailing wage rates as a minimum. If applicable, CONSULTANT shall comply with the provisions of sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code and any other applicable laws.

Pursuant to the provisions of section 1775 of the Labor Code, CONSULTANT shall forfeit to CITY, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any sub -consultant under him, in violation of the provisions of this Agreement.

6. INSURANCE

CONSULTANT shall not begin the services under this Agreement until it has: (a) obtained, and upon the CITY's request, provided to the CITY, insurance certificates reflecting evidence of all insurance required in this Section 6; however, CITY reserves the right to request, and CONSULTANT shall submit, copies of any policy upon reasonable request by CITY; (b) obtained CITY approval of each company or companies as required by Section 6; and (c) confirmed that all policies contain the specific provisions required in Section 6.

6.1 Types of Insurance. At all times during the term of this Agreement, CONSULTANT shall maintain insurance coverage as follows:

6.1.1 Commercial General Liability. Commercial General Liability (CGL) Insurance written on an occurrence basis to protect CONSULTANT and CITY against liability or claims of liability which may arise out of this Agreement in the amount of One Million Dollars ($1,000,000) per occurrence and subject to an annual aggregate of One Million Dollars ($1,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability.

6.1.2 Workers' Compensation. For all of CONSULTANT’s employees who are subject to this Agreement and to the extent required by applicable state or federal law, CONSULTANT shall keep in full force and effect a Workers' Compensation policy. That policy shall provide employers' liability coverage as required by applicable state and/or federal Workers’ Compensation laws, and CONSULTANT shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 589739
officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers' Compensation Act is filed against CITY by a bona fide employee of CONSULTANT participating under this Agreement, CONSULTANT agrees to defend and indemnify the CITY from such claim.

6.1.3 Professional Liability. For all of CONSULTANT’s employees who are subject to this Agreement, CONSULTANT shall keep in full force and effect Professional Liability coverage for professional liability with a limit of One Million Dollars ($1,000,000) per claim and One Million Dollars ($1,000,000) annual aggregate. CONSULTANT shall ensure both that: (1) the policy retroactive date is on or before the date of commencement of services under this Agreement; and (2) the policy will be maintained in force for a period of four years after termination of this Agreement or substantial completion of services under this Agreement, whichever occurs last. CONSULTANT agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the CITY's exposure to loss.

6.1.4 Automobile Liability. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONSULTANT owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above.

If CONSULTANT or CONSULTANT’s employees will use personal autos in any way on this project, CONSULTANT shall obtain evidence of personal auto liability coverage for each such person.

6.2 Insurer Requirements. All insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that are rated “A-” and “V” or better by the A.M. Best Key Rating Guide, and are licensed to do business in the State of California. CITY will accept insurance provided by non-admitted “surplus lines” carriers only if the carrier is authorized to do business in the State of California.

6.3 Deductibles. All deductibles on any policy shall be the responsibility of CONSULTANT and shall be disclosed to CITY at the time the evidence of insurance is provided.

6.4 Specific Provisions Required. Each policy required under this Section 6 shall expressly provide, and an endorsement shall be submitted to CITY, that: (a) the policies are primary and non- contributory to any insurance that may be carried by CITY; and (b) CITY is entitled to thirty (30) days’ prior written notice (10 days for cancellation due to non- payment of premium) of cancellation, material reduction, or non-renewal of the policy or policies. Additionally, the CGL policy shall expressly provide, and an endorsement shall be submitted to CITY, that the City of Murrieta and its respective officers and employees are additional insureds under the policy.

6.5 Indemnity Not Limited by Insurance. CONSULTANT’s liabilities, including, but not limited to, CONSULTANT’s indemnity and defense obligations under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. Maintenance of specified insurance coverage is a material element of this Agreement, and CONSULTANT’s failure to maintain or renew coverage or to provide evidence of renewal during the term of this Agreement may be treated as a material breach of contract by CITY.

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7. AUDIT AND INSPECTION OF RECORDS

At any time during CONSULTANT’s normal business hours and as often as CITY may deem necessary, and upon reasonable notice, CONSULTANT shall make available to CITY, or any of its duly authorized representatives, for examination, audit, excerpt, copying or transcribing, all data, records, investigation reports and all other materials respecting matters covered by this Agreement. CONSULTANT will permit CITY to audit and to make audits of all invoices, materials, payrolls, records of personnel and other data related to all matters covered by this Agreement.

All material referenced in this Section, including all pertinent cost accounting, financial records, and proprietary data, must be kept and maintained by CONSULTANT for a period of at least four (4) years, or for the period required by law, whichever is greater, after completion of CONSULTANT’s performance hereunder, unless CITY’s written permission is given to dispose of same prior to that time.

8. CONFIDENTIALITY AND USE OF INFORMATION

8.1 Except as otherwise provided by law, all reports, communications, documents and information obtained or prepared by CONSULTANT respecting matters covered by this Agreement shall not be published without prior written consent of City Manager or his designees, nor shall CONSULTANT issue any news releases or publish information relating to its services hereunder without the prior written consent of the City Manager. CONSULTANT shall hold in trust for the CITY, and shall not disclose to any person, any confidential information. Confidential information is information which is related to the CITY's research, development, trade secrets and business affairs, but does not include information which is generally known or easily ascertainable by nonparties through available public documentation.

8.2 CONSULTANT shall advise CITY of any and all materials used, or recommended for use, by CONSULTANT to achieve the project goals that are subject to any copyright restrictions or requirements. In the event CONSULTANT shall fail to so advise CITY and, as a result of the use of any programs or materials developed by CONSULTANT under this Agreement, CITY should be found in violation of any copyright restrictions or requirements, CONSULTANT agrees to indemnify and hold harmless CITY against any action or claim brought by the copyright holder.

8.3 Ownership of Records. All records created by the CONSULTANT shall become the property of the CITY and shall be subject to state law and CITY policies governing privacy and access to files. The CITY shall have access to and the right to examine all books, documents, papers and records of the CONSULTANT involving transactions and work related to this Agreement. The CONSULTANT shall retain all copies of records for a period of five (5) years from the date of final payment.

9. NOTICE

All notices or demands to be given under this Agreement by either party to the other shall be in writing and given either by: (a) personal service, (b) by U.S. Mail, mailed either by certified mail, return receipt requested, with postage prepaid and addressed to the party to whom the notice is directed, or (c) via facsimile transmission (with proof of confirmation by sender). Service shall be considered given when received if personally served or, if mailed, two days after deposit in the United States Mail by certified mail, return receipt requested. The address to which notices or demands may be given by either party may be changed by written notice given in accordance with the notice provisions of this section. At the date of this Agreement, the addresses of the DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 591741
parties are as set forth in Section 2 above.

10. TERMINATION FOR CAUSE

10.1 CITY may terminate this Agreement upon giving of written notice of intention to terminate for cause. Cause shall include: (a) a material violation of any of the covenants, agreements, or stipulations of this Agreement by CONSULTANT, (b) CONSULTANT, through any cause, failing to fulfill in a timely and proper manner its obligations under this Agreement, (c) any act by CONSULTANT exposing CITY to liability to others for personal injury or property damage, or (d) if CONSULTANT is adjudged bankrupt, CONSULTANT makes a general assignment for the benefit of creditors, or a receiver is appointed on account of CONSULTANT’s insolvency.

Written notice by CITY of termination for cause shall contain the reasons for such intention to terminate and shall specify the effective date thereof. Unless prior to the effective date of the termination for cause the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, this Agreement shall cease and terminate on the effective date specified in the written notice by CITY.

10.2 In the event of such termination, CONSULTANT shall be paid the reasonable value of satisfactory services rendered up to the date of receipt of the notice of termination in accordance with this Agreement, less any payments theretofore made, as determined by CITY, not to exceed the amount payable herein, and CONSULTANT expressly waives any and all claims for damages or compensation arising under this Agreement in the event of such termination, except as set forth herein.

11. TERMINATION FOR CONVENIENCE OF CITY

11.1 CITY may terminate this Agreement at any time and for any reason by giving written notice to CONSULTANT of such termination, and specifying the effective date thereof, at least fifteen (15) days prior to the effective date.

11.2 If the Agreement is terminated as provided in this Section, CONSULTANT shall be entitled to receive compensation for any satisfactory work completed up to the receipt by CONSULTANT of notice of termination, less any payments theretofore made and not to exceed the amount payable herein, and for satisfactory work completed between the receipt of notice of termination and the effective date of termination pursuant to a specific request by CITY for the performance of such work.

12. PERFORMANCE AFTER TERMINATION

Upon termination of this Agreement as provided herein, CONSULTANT shall, within such reasonable time period as may be directed by City Manager, complete those items of work, which are in various stages of completion, and, which City Manager determines are necessary to be completed by CONSULTANT to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by CONSULTANT shall be delivered to the City Manager, upon his request, as property of CITY.

13. DEFENSE AND INDEMNIFICATION

13.1 Indemnity for Professional Liability. Except for the sole negligence or willful misconduct of CITY, CONSULTANT shall, to the fullest extent permitted by law, hold harmless, DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 592742
protect, defend (with attorneys approved by CITY) and indemnify the CITY, its council and each member thereof, its officers, employees, representatives and their successors and assigns from and against all losses, liabilities, claims, suit, damage, expenses, cost, including reasonable attorney's fees and costs, and expert costs and investigation expenses, caused in whole or in part by the negligent, reckless or wrongful acts, errors or omissions of CONSULTANT in the performance of the professional services under this Agreement and those of CONSULTANT's sub-consultants or anyone for whom CONSULTANT is liable regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder.

13.2 I ndemnity for Other than Professional Liability . With respect to operations other than the performance of the professional services under this Agreement, CONSULTANT shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by CITY) and indemnify the CITY, its council, and each member thereof, its officers, agents, employees, representatives and their successors and assigns, from and against any and all losses, liabilities, claims, suit damage, expenses and costs including reasonable attorney's fees and costs, and expert costs and investigation expenses (“Claims”), which arise out of or are in any way connected to the performance of CONSULTANT, its officers, employees, representatives, subcontractors, or agents under this Agreement regardless of whether or not such claim, loss or liability is caused, in part by a party indemnified hereunder. CONSULTANT shall have no obligation, however, to defend or indemnify CITY if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of CITY.

13.3 General Indemnity Provisions. This indemnity is in addition to any other rights or remedies which CITY may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, CITY may, at its sole discretion, reserve, retain or apply any monies due to CONSULTANT under this Agreement for the purpose of resolving such claims; provided however, that CITY may release such funds if CONSULTANT provides CITY with reasonable assurances of protection of the CITY's interest.

The CITY shall, in its sole discretion determine whether such assurances are reasonable.

CONSULTANT agrees that its duty to defend the indemnities arises upon an allegation of liability based upon the performance of services under this Agreement by CONSULTANT, its officers, agents, representatives, employees, sub -consultants, or anyone for whom CONSULTANT is liable and that an adjudication of CONSULTANT's liability is not a condition precedent to CONSULTANT's duty to defend.

14. CONFLICT OF INTEREST

CONSULTANT shall be bound by the requirements of the FPPC (Fair Political Practice Commission) and state law with regard to disclosure of financial interests and prohibited conflicts of interest.

14.1 Prior to execution of this Agreement, CONSULTANT shall disclose in writing to CITY any and all compensation, actual or potential, which CONSULTANT may receive in any form from a party other than CITY as a result of performance of this Agreement by CONSULTANT.

If CONSULTANT becomes aware of the potential for such compensation subsequent to the execution of this Agreement, CONSULTANT shall disclose such compensation within three (3) working days of becoming aware of the potential for such compensation.

14.2 Prior to or concurrent with making any recommendation of any products or service DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 593743
for purchase by the CITY, CONSULTANT shall disclose any financial interest that CONSULTANT may have in any manufacturer or provider of the recommended products or services. The term “financial interest” includes, but is not limited to, employment (current or prospective) or ownership interest of any kind and degree.

14.3 CONSULTANT shall not conduct business for third parties which may be in conflict with CONSULTANT’s responsibilities under this Agreement. CONSULTANT may not solicit any business during the term of this Agreement which conflicts with its responsibilities under this Agreement. CONSULTANT shall provide no services for any private client within the corporate boundaries or sphere of influence of CITY during the period of this Agreement which may constitute a conflict of interest.

15. ASSIGNMENT

No portion of this Agreement or any of the work to be performed hereunder may be assigned or delegated (including hiring and retaining use of any other person or entity for any purpose, except for those certain subconsultants specifically included in the attached “Scope of Services”) by CONSULTANT without the express written consent of CITY, nor may any interest in this Agreement be transferred (whether by assignment or novation) by CONSULTANT without the express written consent of CITY, and without such consent all services hereunder are to be performed by CONSULTANT, its officers, agents and employees. However, claims for money due or to become due to CONSULTANT from CITY under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished promptly to CITY. Any assignment requiring approval may not be further assigned without CITY approval.

16. SURVIVAL

CONSULTANT’s representations, insurance and indemnity obligations, and performance obligations post-termination shall survive termination of this Agreement.

17. COMPLIANCE WITH APPLICABLE LAWS

CONSULTANT agrees to comply with all federal, state and local laws, rules, regulations and ordinances that are now or may in the future become applicable to CONSULTANT, CONSULTANT’s business, equipment and personnel engaged in activities covered by this Agreement or arising out of the performance of such activities.

18. PERMITS/LICENSES

CONSULTANT and all of CONSULTANT’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.

19. NONDISCRIMINATION IN EMPLOYMENT

CONSULTANT agrees that it will not engage in unlawful discrimination in employment and shall comply with all applicable laws and regulations of CITY and/or all other relevant government agencies, including, but not limited to, the California Department of Fair Employment and Housing and the Federal Equal Employment Opportunity Commission. Also, CONSULTANT certifies and agrees that all persons employed by CONSULTANT, its affiliates, subsidiaries and related DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 594744
entities, if any, will be treated equally by CONSULTANT, without unlawful discrimination based upon creed, sex, race, national origin, or any other classification prohibited by state or federal law.

If CITY finds that any of the provisions of this Section have been violated, such violation shall constitute a material breach of this Agreement, upon which CITY may determine to cancel, terminate, or suspend this Agreement. While CITY reserves the right to determine independently that the anti -discrimination provisions of the Agreement have been violated, in addition, a determination by the California Fair Employment Practices Commission or California Department of Fair Employment and Housing, or successor agency, or the Federal Equal Employment Opportunity Commission, or successor agency, that CONSULTANT has violated state or federal anti-discrimination laws relative to this Agreement shall constitute a finding by CITY that CONSULTANT has violated the anti-discrimination provisions of this Agreement.

20. NON-WAIVER

The failure of CITY or CONSULTANT to seek redress for violation of, or to insist upon, the strict performance of any term or condition of this Agreement shall not be deemed a waiver by that party of such term or condition, or prevent a subsequent similar act from again constituting a violation of such term or condition. Payment to CONSULTANT of compensation under this Agreement shall not be deemed to waive CITY’s rights or CONSULTANT’s rights contained in this Agreement.

21. SEVERABILITY

If any term, condition or provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, invalid, or void, the remaining provisions will nevertheless continue in full force and effect and shall not be affected, impaired or invalidated in any way.

22. DISPUTES

In the event that any action is brought by either party to construe this Agreement or enforce any of its terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred, whether or not the matter proceeds to judgment.

23. REMEDIES

The rights and remedies of the CITY provided in this Agreement are not intended to be exclusive, and are in addition to any other rights and remedies permitted by law.

24. ENTIRE AGREEMENT/AMENDMENT

This Agreement and any exhibits attached hereto constitute the entire agreement between the parties and supersede any prior or contemporaneous understanding or agreement with respect to the services contemplated, and may be amended only by a written amendment executed by both parties to the Agreement.

25. GOVERNING LAW/VENUE

The terms and conditions of this Agreement shall be governed by the laws of the State of California. Any action or proceeding brought by any party against any other party arising out of or related to this Agreement shall be brought exclusively in Riverside County.

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26. BINDING AGREEMENT

This Agreement is intended to be binding on the parties and their respective successors and assigns.

27. NUMBER

The plural shall include the singular, and the singular shall include the plural and neuter wherever the context so indicates or requires.

28. WARRANTY OF AUTHORITY

Each of the parties signing this Agreement warrants to the other that it has the full authority of the entity on behalf of which its signature is made.

29. COUNTERPARTS

This Agreement may be executed in counterparts, all of which taken together will be considered one original document.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF MURRIETA BUREAU VERITAS NORTH
AMERICA, INC.

_____________________________
Lisa DeForest, Mayor _____________________________
Name/title of signatory [please print]

_____________________________
Signature

ATTEST:
_____________________________
Name/title of signatory [if necessary]
_____________________________
Cristal McDonald, City Clerk
_____________________________
Signature

APPROVED AS TO FORM:

_____________________________
Tiffany Israel, City Attorney

NOTE: If this Agreement involves a corporate party, the corporation must be represented by two individuals as follows: (A) one from the corporation’s “Operational Group” (Chair of the Board, President or a Vice-President) and; (B) one from the corporation’s “Financial Group” (Secretary, Assistant S ecretary, Chief F inancial Officer or an Assistant T reasurer). See California Corporations Code section 313.

Craig Baptista, Vice President
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EXHIBIT A

Scope of Services

SCOPE OF WORK FOR ENGINEERING PLAN CHECK SERVICES

1. CONSULTANT’S OBLIGATIONS
a. General
i. These procedures may be modified as deemed necessary when mutually agreed upon.
ii. Pick up submittal packages and deliver completed plan check packages to and from the City office on a schedule acceptable to the City Engineer.

Send corrections to and receive resubmittals from the applicant directly. (Initial submittals and fee payments by the applicant are made at the City office.)
b. In checking of IMPROVEMENT PLANS, Consultant shall perform the following work for each project.
i. Examine plans, tour the site in the field and become familiar with general concepts as proposed by the project applicant for access and drainage facilities.
ii. Determine if the plans are in conformance with applicable conditions of approval and any approved tentative map.
iii. Check hydrology and hydraulic calculations, and the design of any storm drain system.
iv. Review drainage report for analysis of drainage patterns (diversions, concentrations, increased flow), potential for damage to offsite property and proposed mitigation measures.
v. Determine requirements for any off-site easements and whether they have been obtained.
vi. Determine any encroachments on adjacent property and determine whether notarized permission letters have been obtained. vii. Check stopping sight distance, horizontal radius, and vertical curves on streets as applicable.
viii. Check traffic related plans including signing and striping, traffic signals, and traffic control plans, as applicable.
ix. Determine that the plans as submitted are in conformance with the Murrieta Municipal Code, the City of Murrieta Standard Plans and other DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 598748
applicable standards used by the City.
x. Determine that the improvement plans are in conformance with the approved grading plan and final map, if applicable to the project. A copy of the grading plan and final map will be furnished with the improvement plans.
xi. Determine that the plans comply with the City’s Improvement Plan Checklist.
xii. Review the quantities and cost estimate for reasonableness to determine fees and bond amounts.
xiii. Provide the City with a completed checklist and written certification that the plans are complete and accurate, and are in conformance with applicable City Codes, Standards, and written policies, that they are consistent with any grading plans, final map, and any other adjacent improvement documents furnished by the City.
xiv. Verify that all conditions for approval have been satisfied and permits may be issued for construction. This shall include, but is not limited to the following:

1. All communication with applicant/engineer.

2. Streetlights are shown on the improvement plans in accordance with City Standards.

3. Mylars are in accordance with City requirements. (Mylars are approved by the City Engineer.)

4. Prepare Improvement Agreements. Transmit the Agreements and security forms to applicant/engineer.

5. Calculate permit, inspection, and record retention fees.

6. All securities are processed per the City Secured Agreement Processing Manual.
c. In checking of GRADING PLANS Consultant shall perform the following:
i. Examine plans, become familiar with the general concept as proposed by the project applicant. View the site if associated with an improvement plan submittal, or if necessary, for adequate review.
ii. Determine if the plans are in conformance with applicable conditions of approval and any approved tentative map.
iii. Determine if the general format for the plan is in conformance with City of Murrieta requirements.
iv. Compare the grading plan with the recommendation in the soils report DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 599749
provided and check that the specifications and details in the soils report are included in the plans. If applicable, check with City’s Geotechnical Engineer for comments on applicant soils report and check for compliance with Geotechnical Engineer requirements.
v. Compare the grading plan with the grading shown on any approved tentative map or approved plot map.
vi. Compare the grading plan with the improvement plans for the project. vii. Compare the grading plan with the approved environmental information. viii. Determine that the plans comply with the City’s grading plan checklist. ix. Determine adequacy of horizontal and vertical site distance; cross check this with improvement plans.
x. Check hydrology and hydraulic calculations, and the design of the drainage system.
xi. Review drainage report for analysis of drainage patterns (diversions, concentrations, increased flow), potential for damage to offsite property and proposed mitigation measures. Check for adequate capacity of brow ditches and down drains.
xii. Check for non-erosive velocities at point of discharge or adequate energy dissipation. Check sumps for overflow escape.
xiii. Review erosion control measures and check for conformance with applicable codes, the City’s Grading Manual, the City’s Erosion Control Standard Plan and NPDES requirements.
xiv. Determine any encroachments on adjacent property and determine whether notarized permission letters have been obtained. xv. Provide the City with a completed checklist and a written certification that the plans are complete and technically correct, and are in conformance with applicable City Codes, Standards, and written policies, and that they are consistent with any improvement plans, final map, and other adjacent improvement documents furnished by the City.
xvi. Verify that all conditions for approval have been satisfied and permits may be issued for construction. This shall include, but is not limited to:

1. All communication with applicant/engineer.

2. Approval from project planner for conformance with conditions for approval.

3. Mylars are in accordance with City requirements. (Mylars are approved by City Engineer.)
DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 600750

4. Calculate inspection fees, other fees, and bond amounts.

5. Prepare Grading and Erosion Control, and Improvements Agreements.

6. Transmit the Agreement and security forms to applicant/engineer.

7. Agreements and securities are processed in accordance with the City Secured Agreement Processing Manual and Grading Manual.

8. Obtain a grading permit number from City staff and provide the number to the applicant.
d. In checking of FINAL & PARCEL MAPS, Consultant shall perform the following:
i. Determine that the map is in conformance with applicable conditions of approval and the approved tentative map.
ii. Check that the format is in compliance with the City of Murrieta Development Code requirements.
iii. Check Title Report and Subdivision Guarantee and verify that all easements are noted on the map, the legal description conforms with the map, and all parties required to sign the map have done so. iv. Check all easements to which the lots are subject, including use and reference if already of record.
v. Check legal descriptions and plats for any off-site easements; check ownership against title reports and prepare deed in conformance with City format as provided for in the fee schedule for easement dedications. vi. Determine compliance with City’s final map checklist. vii. Determine need for any other affidavits, certificates, acknowledgements, endorsements, and notary seals as required in addition to those shown on the checklist.
viii. Determine that map is in conformance with provisions of the Land Surveyor’s Act and the Subdivision Map Act.
ix. Provide the City with a completed checklist and a written certification that the map is complete and technically correct and is in conformance with applicable City Codes, Standards, and written policies; that is consistent with any other adjacent improvement documents furnished by the City. x. Verify that all conditions for approval have been satisfied and maps may be transmitted by the City Clerk to the County Recorder. This shall include, but is not limited to:

1. All communication with the applicant/engineer.

DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 601751

2. Notification to applicant/engineer that approval is required from (1) project planner, and, if applicable, (2) Parks Director for conditions related to CSA 143.

3. Verify notation of monuments to be set prior to recordation.

4. Calculate applicable fees (road and bridge benefit, area drainage, monument inspection and record retention) and notify
applicant/engineer.

5. Determine payment of, or prepare agreements for deferral of, road and bridge benefit and area drainage fees, and deferred monumentation.

6. All securities and agreements are processed in accordance with City Secured Agreement Processing Manual. Obtain City
Attorney’s signature on agreements.

7. City Surveyor signs map.
e. In checking of DEDICATIONS, EASEMENTS, VACATIONS, QUITCLAIMS, PARCEL MAP WAIVERS and PARCEL MERGES Consultant shall perform the following:
i. Determine that the result of this action will be in conformance with applicable standards, conditions of approval and approved tentative map, if any.
ii. For vacations, determine that the requirements of the City’s Vacation Procedure memorandum are met.
iii. Determine compliance with City’s Easement Dedication/Quitclaim. iv. Vacation Review Checklist.
v. Check that the format is in compliance with City requirements. vi. Check for agreement with title report.
vii. Check traverse calculations for acceptable closure. (Traverse calculations shall be the same precision as the description, i.e., “map check” format). viii. Check for agreement between the description, plat, and traverse calculations.
ix. Verify completeness of the plat, including that all courses, calls, and references in the text of the description are shown.
x. For dedications, prepare subordination agreement when the title report indicates any financial encumbrance on the property.
xi. Provide the City with a completed checklist and a written certification that DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 602752
the documents (description, plat, deed, other) are complete and technically correct and are in conformance with applicable City codes standards, and written policies.
xii. Verify that all conditions for approval have been satisfied and documents may be transmitted by the City Clerk to the County Recorder. This shall include, but is not limited to:

1. All communication with the applicant.

2. Approval from Parks Director for conditions related to CSA 143.

3. That the action conforms to the Circulation Element.

4. That a vacation is agreeable in concept by the City Engineer.

5. That a vacation reserves easement for any existing utilities under franchise agreements, confirmed by said utility owners. f. In checking of LOT LINE ADJUSTMENTS Consultant shall perform the following:
i. Determine that the Lot Line Adjustment is in conformance with any applicable underlying tentative map and conditions of approval. ii. Check the document package for conformance with the City’s “Filing Instructions for Lot Line Adjustments.”
iii. Check for agreement with title report.
iv. Check traverse calculations, if description is in metes and bounds format, for acceptable closure. (Traverse calculations shall be the same precision as the description, i.e., “map check” format).
v. Check for agreement between the description, plat and, if applicable, traverse calculations.
vi. Verify completeness of the plat, including that all courses, calls, and references in the text of the description are shown.
vii. Provide the City with a completed checklist and a written certification that the documents are complete and technically correct, are in conformance with applicable City codes, standards, and written policies, and are ready to be recorded.
viii. Provide the City with a copy of all communication with the applicant. g. In checking of WATER QUALITY MANAGEMENT PLANS consultant shall perform the following work for each project.
i. Examine preliminary and final water quality management plan (WQMP) for conformance with existing Federal and State regulations and requirements per City Policies and Project Conditions of Approval.

DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 603753
ii. Any further review as directed or as approved by City Engineer.

2. CITY OBLIGATIONS
a. Upon initial receipt of a request for plan check, the City shall perform a preliminary review of the submitted package to ensure that it is complete before forwarding it to the Consultant.
b. City shall provide the Consultant with the following documents:
i. A copy of the Murrieta Development Code, Murrieta Grading Ordinance, and other applicable City codes.
ii. A copy of “Department of Public Works Standard Drawings”. iii. A copy of any other written policies, standards, or criteria adopted or used by City.
c. In addition to prints of the plans to be checked, the City will or cause the applicant to furnish to the Consultant the following:
i. A print of the grading plan and proposed final map of the project, if applicable.
ii. A print of any adjacent improvements.
iii. A copy of the tentative map and tentative map conditions or any other discretionary approval applicable.
d. Nothing in this agreement shall be construed to obligate City to provide any work to the Consultant. City reserves the right, at its sole discretion, to send plans for checking to Consultant, to perform plan checks with its own forces, or to send plans for checking to another consulting firm.

3. PROGRESS AND COMPLETION
a. The Consultant shall pick-up plans for checking within two working days from the date of notification by the City to do so.
b. From the time of pick-up of plans from the City to delivery back to the City, the Consultant shall complete each check within the time specified below:
i. First Check: fifteen working days
ii. Recheck: five working days
c. These turn-around times may be extended due to size or complexity of the project. The Consultant shall notify the applicant and City of such extension upon receipt of the submittal or resubmittal.
d. Consultant shall process permit review items within two working days.

DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 604754
e. Consultant shall respond to all applicant phone calls within one working day

4. ELECTRONIC PLAN CHECKING
a. The City uses electronic plan checking utilizing Blue Beam software. Consultant shall provide plan checking services using Blue Beam when necessary. City reserves the right to provide plans and documents in hard copy form or electronically through a Blue Beam Session. Consultant shall maintain proficiency with Blue Beam software.

DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 605755

EXHIBIT B

Schedule of Rates and Charges

City agrees to compensate Consultant for services outlined in Exhibit A as follows:

Consultant shall complete the work outlined in Exhibit A in accordance with the fee schedule identified below and shall invoice City on a monthly basis based on the plan checking fee percentage or time and material hourly billing, as applicable.

PLAN CHECKING SERVICES
Consultant shall be compensated 75% of plan check fees charged by the City of Murrieta

*The plan checking services fee percentage excludes WQMP reviews, which are billed hourly per the rates below.

**Consultant shall subcontract with City’s current City Traffic Engineer for traffic related plan checking of signing and striping plans, traffic signal plans, and traffic control plans. These services are included in the 75% of plan check fees. Consultant shall be responsible for payment of traffic plan checking services.

DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 606756

BILLABLE RATES
18 BILLABLE RATES
BUREAU VERITAS 9988 Hibert Street, Suite 100, San Diego, CA 92131 P 858.863.2000 | www.bvna.com
PERCENTAGE OF FEES, BASED ON CITY’S COLLECTED FEES
75% of City Collected Plan Check Fees*

HOURLY RATES
Personnel Classifications Hourly Billing Rate*
Traffic Engineer $210.00
Senior Civil Engineer/Senior Surveyor $195.00
Civil Engineer $185.00
Plan Checker IV $165.00
Plan Checker III $155.00
Plan Checker II $145.00
Plan Checker I $135.00
Senior Survey Analyst $165.00
Word Processor/Administrative $95.00
Bureau Veritas’ pricing reflects our commitment to the success of the City of Murrieta by helping you maintain significant quality and cost saving benefits moving forward. These Include:
• Successful 32-year history working with the City of Murrieta • Highly qualified staff familiar with the City’s needs • Reduced plan review turnaround times
• Implementation of electronic plan review processes to help improve efficiency and control costs • Commitment to maintain a proposed rate structure for the life of the initial contract period • Confidence of working with a well-established consultant in operation for 195+ years ▪ Fast track / Expedited plan reviews shall be an additional 1.5 times the fees shown above. ▪ All employees classied as “non-exempt” by the U.S. Department of Labor will be compensated at 1-1/2 times the hourly rate for overtime hours per State and Federal wage and hour laws. No overtime will be charged without prior consent. ▪ Rates and cost estimates shown above exclude per diem, prevailing wage and union rates. Should these be applicable, BV will discuss and negotiate fees to account for increased personnel costs. ▪ Mileage for employee-owned vehicles used in connection with the work will be at the current IRS rate. ▪ Hourly fees are subject to an annual adjustment in accordance with the CPI from Engineering News Record (ENR) with the City’s prior approval.
▪ Plan review fees to be invoiced after initial review. Hourly services will be invoiced monthly. *Additional services billed at hourly rates. Percentage of fees excludes WQMP reviews, which will be billed at the hourly rates.

DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 607757
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CITY OF MURRIETA
City Council Meeting Agenda
Report
2/20/2024
Agenda Item No. 11.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Chantarangsu, AICP, Development Services Director PREPARED BY: Christopher Tracy, AICP, Senior Planner, Advanced Planning SUBJECT: Establishment of Medicinal Cannabis Delivery Location and Operational Standards and Miscellaneous Updates to Existing Cannabis Standards (MCA-2023-00008) to amend Sections 16.08.010, 16.10.010, 16.11.010,

16.12.010, 16.13.010, 16.14.010, and 16.44.250 of the Murrieta Development Code and adoption of a Categorical Exemption pursuant to the California Environmental Quality Act

RECOMMENDATION
Hold a Public Hearing;
Find that the action is consistent with the California Environmental Quality Act (CEQA) Guidelines in accordance with Section §15060(c)(2) and Section §15061(b)(3); and Introduce Ordinance No. 602-24 entitled: An Ordinance of the City Council of the City of Murrieta, California, Amending Title 16 of the Murrieta Development Code to Revise Sections 16.08.010, 16.10.010, 16.11.010,

16.12.010, 16.13.010, 16.14.010, and 16.44.250 for the Establishment of Medicinal Cannabis Delivery Location and Operational Standards and Miscellaneous Updates to Existing Cannabis Standards.

PRIOR ACTION/VOTE
On December 19, 2023, the City Council adopted an Urgency Ordinance establishing a 45-day temporary moratorium on the establishment of expansion of medical marijuana dispensaries or facilities, and mobile medical marijuana dispensaries within city limits. (Vote 5-0) On January 10, 2024, the Planning Commission recommended that the City Council adopt the proposed ordinance subject to the addition of development standards pertaining to signage and advertising, clarification of storage requirements, and operational standards for deliveries. Standards for these topics are included in the ordinance.

The Planning Commission also directed staff to conduct further research for other standards regarding firearms, locational requirements, and definitions used by the state; however, staff determined no additional changes to the ordinance were required.

On January 16, 2024, the City Council approved a continuation of the Urgency Ordinance established for a 45- CITY OF MURRIETA Printed on 2/15/2024Page 1 of 9
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Agenda Item No. 11.
day temporary moratorium as noted above. (Vote 5-0)

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

BACKGROUND
In 1996, voters approved Proposition 215, establishing the ability for doctors to prescribe "medical cannabis" to patients and their primary caregivers. The National Institute on Drug Abuse defines medical cannabis as "using the whole, unprocessed marijuana plant or its basic extracts to treat symptoms of illness and other conditions." In 2022, the state enacted Senate Bill 1186 (SB 1186), which is known as the Medicinal Cannabis Patients' Right to Access Act, based on the premise that there are barriers to medicinal cannabis access for patients in California. For reference, statewide, SB 1186 became effective on January 1, 2024.

SB 1186 pre-empts the City's ability to regulate the delivery and sale of medicinal cannabis. SB 1186 bars cities from adopting or enforcing any regulation that prohibits the sale of medicinal cannabis to medicinal cannabis patients or their primary caregivers or that otherwise imposes an unreasonable restriction on the sale or delivery of medicinal cannabis.

The legislation under SB 1186 further prohibits cities from adopting or enforcing any regulations that have the effect of prohibiting the sale by delivery within the City of medicinal cannabis to medicinal cannabis patients or their primary caregivers in a timely and readily accessible manner and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the City. The legislation is included in Attachment 1 for reference. The City's current limitations on non-medical (retail) cannabis businesses, such as prohibitions of recreational cannabis sales and retail storefronts for recreational cannabis, remain unaffected by the proposed modifications.

Although SB 1186 prohibits local bans on establishing medicinal cannabis delivery businesses, it allows cities to adopt local standards for permitting, location, and the operational components of a medicinal cannabis delivery service business. However, as detailed under SB 1186, a city may not establish regulations that have the effect of prohibiting the sale of medicinal cannabis by delivery, including the following:
· Regulate the number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.
· Regulate the operating hours of medicinal cannabis businesses. · Regulate the number or frequency of sales by delivery of medicinal cannabis. · Regulate the types or quantities of medicinal cannabis authorized to be sold by delivery. · Prohibit the establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed non-storefront operator.

However, SB 1186 allows the City to impose reasonable regulations through the City's land use authority (zoning) and police powers that are not otherwise pre-empted by state law. Therefore, the City can adopt and enforce reasonable regulations for the delivery of medicinal cannabis related to:
· Zoning requirements.
· Security or public health and safety requirements.
· Licensing requirements.
· Imposing or collecting applicable state or local taxes on retail sales of medicinal cannabis occurring within the City.
· Regulations consistent with requirements or restrictions imposed on a cannabis business by state law CITY OF MURRIETA Printed on 2/15/2024Page 2 of 9
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Agenda Item No. 11.
· Regulations consistent with requirements or restrictions imposed on a cannabis business by state law under Division 10 of the California Business and Professions Code or regulations issued by the Department of Cannabis Control.

If the City does not update the Municipal Code to provide for the delivery of medicinal cannabis to qualified patients, it could expose the City to litigation as the City could be in violation of state law.

Implementation of Standards
With respect to the implementation of these requirements, the City Council enacted a temporary 45-day interim moratorium on the establishment of businesses in the City that engage in the sale or delivery of medicinal cannabis in December 2023 (Attachment 2) to have time to establish local regulations to address locational and operational aspects of such businesses. This temporary interim moratorium (Attachment 3) was extended for a second time for ten(10) months and 15 days at the City Council's January 16, 2024, meeting since these standards were still under development. The extension of the moratorium is recommended to be terminated upon the effective date of an ordinance establishing permanent standards, assuming the City Council adopts an ordinance within the current moratorium period.

For reference, staff brought forward this item for the Planning Commission's consideration at its January 10, 2024, meeting. As detailed below, the Commission recommended approval of the ordinance with the direction for staff to research a few items further and recommended a few modifications within the ordinance itself. In summary, this included the following:
· Research further the utilization of firearms with respect to security and business operations. After collaborating internally with the City Attorney's Office and Police Department, it was determined that the best process would be to have this review as part of the application review process versus having specific regulations.
· Research further the state's definition of Medicinal Cannabis as it relates to the last portion of the state definition: "...or in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction." Research indicates that this may have been included by the legislature to encourage the expansion of programs that may not yet exist pertaining to the delivery of medicinal cannabis. Staff believes it would be best to leave as currently drafted to avoid any potential future issues with conflicting definitions with California Department of Cannabis Control licensing. The City's provisions can always be amended to meet changes in state law as needed. · Clarification within the ordinance that signs shall contain no advertising of other companies, brands, goods, or services, or of the use.
· Adding larger medical facilities, such as hospitals, urgent care, and similar medical facilities, as a sensitive use from a medicinal cannabis distribution facility hub. Staff reviewed Table 16.12-1 "Use Table for Business Park and Industrial Districts" of the MMC, and these types of facilities are not currently allowed in the Business Park (BP) Zone, so no additional modifications are needed to the ordinance.
· Clarification within the ordinance the use of the facility shall be limited to the storage of medicinal cannabis and medicinal cannabis products solely within a secured, isolated interior environment. · Clarification within the ordinance that no product shall be allowed to remain in vehicles without an employee present in the vehicle. This would require two employees to make deliveries per delivery vehicle. This requirement reduces the risk of product theft since a delivery vehicle will never be left CITY OF MURRIETA Printed on 2/15/2024Page 3 of 9
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Agenda Item No. 11.
unattended.
· Clarification within the ordinance that vehicle signage is prohibited. This includes signs, wraps, and advertising of business or industry-related products. This prohibition reduces the potential for the targeted theft of high-value products contained within a delivery vehicle.

Analysis
Consistent with SB 1186, staff recommends that the City Council introduce an ordinance (Attachment 4) that provides the framework for the establishment of medicinal cannabis delivery service business locations within the City subject to licensing and zoning applications, security, screening, sign regulations, delivery vehicle standards, odor control requirements, recordkeeping requirements, operator and employee standards, as well as compliance with restrictions imposed on cannabis businesses by state law and other regulations issued by the California Department of Cannabis Control. The ordinance also makes miscellaneous updates regarding existing terminology pertaining to cannabis already contained in the Murrieta Municipal Code (MMC) to ensure consistency with proposed regulations.

Ordinance Summary
The following is a summary of the proposed ordinance components. Additional details are located within the text of the draft ordinance. The proposed changes are provided within a redline format in Attachments 4 and 5, respectively:

Clean-up of Existing MMC Section 16.44.250 "Marijuana and Hemp Use" · Section renamed to "Cannabis and Hemp Use"
· Modifying naming terminology from "Marijuana" to "Cannabis" consistent with state terminology throughout this Section.
· Updating existing Definitions Section (MMC Chapter 16.110) to reflect "Cannabis" terminology
· Adding a new "Medicinal Cannabis Delivery Service" subsection containing the new requirements as described in greater detail below.
· The existing "Public Nuisance," "Violations," "Conflicting Provisions," and "Severability" Sections will remain the same.

New Requirements
The following summarizes the zoning regulations, building, and operational standards that the ordinance will apply to medicinal cannabis delivery service businesses, all of which will be verified during the medicinal cannabis delivery service license application process.

Zoning and Location Criteria
For context, a Medicinal Cannabis Delivery Service business can be most closely associated with the existing "Wholesale and Distribution" use listed in MMC Chapter 16.12 at Table 16.12- 1 - "Use Table for Business Park and Industrial Districts" in MMC Title 16 - Zoning, which is a permitted use in the Business Park (BP) Zone. To help with future clarification for staff and future applicants, the proposed ordinance will identify this use independently within the use table with the associated separation criteria as described below.

As proposed, a medicinal cannabis delivery business shall be located at least 500 feet from the following CITY OF MURRIETA Printed on 2/15/2024Page 4 of 9
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As proposed, a medicinal cannabis delivery business shall be located at least 500 feet from the following sensitive receptor locations or any other medicinal cannabis delivery business location:
· Residential zones
· Public or private schools
· Daycare centers
· Churches
· Public parks
· Youth activity centers
Under the proposed criteria, all measurements would be taken from the closest property line of the delivery business to the closest property line of the sensitive receptor location. For business condominiums, this measurement would be taken from the outer boundaries of the common parcel where the structure is located and not from the building itself.

Attachment 6 includes a map of the eligible existing properties within the BP Zone that identifies the 500-foot radius separation requirements from sensitive uses as mapped currently. As identified on the attached map, there should be several potential locations within this zone where a future business could be located. Lastly, staff is proposing that a delivery business interior area not exceed 3,000 square feet in size (cumulative total) to ensure that the scale of operations would not result in potential traffic and access issues as it relates to surrounding uses and local roadways. This is similar to the approach other jurisdictions take with these types of locations.

The following describes the elements of the proposed ordinance:

Definitions
· New definitions for Medicinal Cannabis and Medicinal Cannabis Delivery Service.

Requirements for Medicinal Cannabis Delivery Service License · Approval of medicinal cannabis delivery service license is required. · A separate medicinal cannabis delivery service license shall be required for each physical address location within the City.
· A completed City application as reviewed by the Police Department. · Indemnification Agreement.
· Proof of Insurance.
· The business owner and the property owner, if different, shall sign the medicinal cannabis delivery service license application form.
· Approvals would be issued for one year for a location or once the permanent standards are in place, whichever occurs first. Thereafter, a new or renewal license application must be submitted to continue the Medicinal Cannabis Delivery Service.

Application Requirements
· Site and Floor Plan.
· Lighting Plan.
· Copies of the applicant's current Cannabis License from the CA Department of Cannabis Control are required.
· Odor Control Management Plan.

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Agenda Item No. 11.
· Safety and Security Plan.
· Existing Sensitive Uses Information.

Operator Requirements
· Background Check. All owners, operators, partners, investors, employees, and agents must submit to a background check.

Operational Requirements
· Compliance with state requirements, except where local requirements apply. · Business operations must be conducted in conformance with the approved Medicinal Cannabis Delivery Service license and all approved plans. · A City Business License shall be obtained prior to operation and maintained at all times. · Acquisition of required City permits (i.e., Building, Fire, etc.). · Dimensions for delivery service business shall not exceed 3,000 square feet of gross building area.
· Visibility and Signs. No cannabis or cannabis products may be visible at a location or from delivery vehicles.
· Vehicle Signage. Due to the potential for the targeted theft of high-value products as contained within a delivery vehicle, and in order to protect the public's safety and welfare, there should be no vehicle signs or wraps identifying the business, or advertising products related to the business, or industry-related products/services - (added by Planning Commission).
· Signs shall be limited to one wall sign consisting of the property address only. · Signs shall contain no advertising of other companies, brands, goods, or services, or of the use - underlined portion added by Planning Commission.
· Hours of operation as authorized by the state.
· Food products compliance with state laws for edibles. · Odor control requirements.
o Approved Odor Control Management Plan.
· Business activities within a fully enclosed and secure structure. · Delivery to medicinal cannabis patients or their primary caregivers only. · Inspected products as tested by a qualified third-party testing facility as required by applicable state laws.
· Labeling and packaging shall be labeled and placed in a tamper-evident package and required state standards.
· Product tracking system in compliance with California Cannabis Track and Trace system.
· Recordkeeping requirements in compliance with Department of Cannabis Control requirements.
· Prohibited activities.
o No on-site sales and pick-up orders.

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Agenda Item No. 11.
o No cannabis paraphernalia sales.
o Sales or delivery to other cannabis businesses (other than to other delivery locations owned by the same entity) is prohibited.
o A Medicinal Cannabis Delivery Service shall not grow, cultivate, manufacture, or process cannabis.
o No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages or cannabis at or within 200 feet of the physical address location of a Medicinal Cannabis Delivery Service.
o No loitering shall be permitted within 50 feet of any Medicinal Cannabis Delivery Service.
· Permitted Locations.
o A permitted use in Business Park zone (BP).
o A physical delivery logistics location shall not be located within 500 feet of sensitive uses or any other medicinal cannabis delivery business location. o Measurement would be taken from the outer boundaries of the common parcel where the structure is located and not from the building. · Screening, Safety, and Security Requirements
o No public access is allowed.
o Outdoor vehicle storage shall be required to be provided in a secured area with screening methods (fencing and landscaping).
o Secured site access. All exterior vehicle parking areas shall be gated and secured and meet Murrieta Fire & Rescue and Police Standards. o Surveillance systems for property.
o Security video retention - Video from the security surveillance cameras shall be maintained for a period of not less than thirty (30) days and shall be made immediately available to City representatives upon request. o Alarm system - A third-party and centrally monitored fire, robbery, and burglar alarm system shall be installed and maintained in good working condition at the premises. o Right of inspection. All vehicles and facilities permitted pursuant to this article are subject to inspection by City personnel any time the operator is exercising privileges under an operator permit. Prior notice of an inspection is not required. o Providing secure storage for products. The use of the facility shall be limited to the storage of medicinal cannabis and medicinal cannabis products solely within a secured, isolated interior environment (underlined portion added by Planning Commission).
o Ensure that all entrances and exits of the medicinal cannabis delivery service business are locked at all times, with entry strictly controlled with panic hardware. o Disposal requirements authorized by State license waste management plan and City approved third-party hauler.
o Report of violations within 24 hours.
o Designated security liaison identified for the Police Department. · Delivery/ Delivery Vehicle Requirements
o GPS tracking of vehicles - GPS data shall be made available to the Police CITY OF MURRIETA Printed on 2/15/2024Page 7 of 9
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Department upon request.
o Product shall be stored during transport in secure safes. o No product to remain in vehicles without a driver an employee (underlined portion modified by Planning Commission).
o Delivery vehicles shall be stored in approved secured and screened vehicle parking/ loading areas only.
o No publicly accessible parking - parking is limited to employees. o Delivery vehicles shall be registered with the Police Department. o A direct communication system with the delivery-only medical cannabis operator is required.
o In-Transit requirements:

Ø Only owners, operators, or employees of the delivery-only medical cannabis operations may be present in vehicles during deliveries.

Ø No more than the maximum amount of medical cannabis permitted under state law.

Ø Delivery vehicles may only travel between fixed locations of delivery-only medical cannabis operations and the residential addresses specified by customers while transporting medical cannabis and/or medical cannabis products.

Ø All delivery drivers shall carry valid identification and proof of employment at a licensed delivery-only medical cannabis operation.

Ø All delivery drivers shall carry a copy of the delivery-only medical cannabis regulatory permit, a copy of the delivery request, a form of government-issued identification, and all other information required by State law. The driver shall present these documents upon the request of law enforcement, the City Manager, or the City Manager's designee.

Ø All drivers shall carry an inventory log of cannabis and cannabis products being transported.

Ø Delivery drivers shall be trained in a manner to facilitate verification of qualified patients.

Ø Medicinal cannabis and medicinal cannabis products may be transported by one Medicinal Cannabis Delivery Service's physical address location to another Medicinal Cannabis Delivery Service's physical address location if the state licenses for both locations are held by the same licensee. · Owner, Operator, and Employee Requirements.
o Twenty-one (21) years of age or older.
o Background check.
o Convictions. No owner, operator, investor, partner, employee, or agent of a delivery- only medical cannabis operation shall have been convicted of a felony or crime of moral turpitude nor has been found by any State or local jurisdiction to have committed a violation of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). The Chief of Police reserves the right, in his or her sole discretion, to waive this requirement in relation to violations of MAUCRSA, in the event that he or she determines that the violation of MAUCRSA was minor in nature and would not CITY OF MURRIETA Printed on 2/15/2024Page 8 of 9
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or she determines that the violation of MAUCRSA was minor in nature and would not undermine the safe and effective operation of the proposed business in accordance with applicable laws.
o Owner/Employee rosters and Notice of Change.
o City revocation process.
o City appeal process.
· Business activities within a fully enclosed and secure structure. · Revocations - Any violation of these requirements may result in the revocation of the ability to operate.
· Appeal standards consistent with existing City processes.

The proposed amendments have been developed based on reference materials and guidelines provided by SB 1186 and from the review of examples from other local jurisdictions. In closing, with the implementation of these new standards, the City will be in full compliance with State law concerning this issue area.

Environmental
The proposed code amendment has been evaluated pursuant to the California Environmental Quality Act (CEQA) - Public Resources Code Sections 21000-21189 and the CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3 Sections 15000-15387), and it has been determined that the amendments will have no significant adverse impacts on the environment as this is an update to existing operating standards related to medical marijuana delivery consistent with State requirements and is similar in nature to other delivery services that occur throughout the City on a daily basis. Furthermore, the amendment is exempt pursuant to the CEQA Guidelines, specifically Section 15060(c)(2), because the proposed ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; and Section 15061(b)(3), because the ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment (Attachment 7).

FISCAL IMPACT
None.

ATTACHMENTS

1. Senate Bill 1186

2. Interim Urgency Ordinance No. U-600-23

3. Interim Urgency Ordinance No. U-601-24

4. Draft Ordinance No. 602-24

5. Ordinance No. 602-24 Redline

6. Example 500-Foot Separation Radius Maps

7. Draft Notice of Exemption
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12/21/23, 1:28 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1186 1/7 SHARE THIS:

Date Published: 09/20/2022 02:00 PM
SB-1186 Medicinal Cannabis Patients’ Right of Access Act. (2021-2022) Senate Bill No. 1186
CHAPTER 395
An act to amend Section 26200 of, and to add Chapter 26 (commencing with Section 26320) to Division 10 of, the Business and Professions Code, relating to cannabis. [ Approved by Governor September 18, 2022. Filed with Secretary of State September 18, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST
SB 1186, Wiener. Medicinal Cannabis Patients’ Right of Access Act.

Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by Proposition 215 at the November 6, 1996, statewide general election, declares that its purpose is, among other things, to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes, as specified, and exempts from state criminal liability certain patients and their primary caregivers who possess or cultivate marijuana for the personal medical purposes of the patient. Existing law, known as the Medical Marijuana Program, establishes a voluntary registration program for qualified medicinal cannabis patients and their primary caregivers through a statewide identification card system maintained by the State Department of Public Health and sets forth guidelines for the possession of medicinal cannabis.

The Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, established a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana. AUMA reserved to a local jurisdiction specified powers regarding commercial adult-use cannabis activity, including adopting and enforcing local ordinances regulating commercial adult-use cannabis activity. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, including the retail sale of medicinal cannabis.

This bill would enact the Medicinal Cannabis Patients’ Right of Access Act, which, on and after January 1, 2024, would prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers in a timely and readily accessible manner and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, as specified. The bill, on and after January 1, 2024, would provide that the act may be enforced by an action for writ of mandate brought by a medicinal cannabis patient or their primary caregiver, a medicinal cannabis business, the Attorney General, or any other party otherwise authorized by law.

Home Bill Information California LawPublicationsOther ResourcesMy SubscriptionsMy Favorites 640
12/21/23, 1:28 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1186 2/7 This bill would incorporate additional changes to Section 26200 of the Business and Professions Code proposed by AB 2210 to be operative only if this bill and AB 2210 are enacted and this bill is enacted last.

To the extent this bill would impose additional duties on local jurisdictions, the bill would impose a state- mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 26200 of the Business and Professions Code is amended to read:
26200. (a) (1) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction. (2) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements.
(b) This division shall not be interpreted to require the department to undertake local law enforcement responsibilities, enforce local zoning requirements, or enforce local licensing, permitting, or other authorization requirements.
(c) A local jurisdiction shall notify the department upon revocation of any local license, permit, or authorization for a licensee to engage in commercial cannabis activity within the local jurisdiction. Within 60 days of being so informed, the department shall begin the process to determine whether a license issued to the licensee should be suspended or revoked pursuant to Chapter 3 (commencing with Section 26030). (d) For facilities issued a state license that are located within the incorporated area of a city, the city shall have full power and authority to enforce this division and the regulations promulgated by the department, if delegated by the state. Notwithstanding Sections 101375, 101400, and 101405 of the Health and Safety Code or any contract entered into pursuant thereto, or any other law, the city shall assume complete responsibility for any regulatory function pursuant to this division within the city limits that would otherwise be performed by the county or any county officer or employee, including a county health officer, without liability, cost, or expense to the county.
(e) (1) This division does not prohibit the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at a county fair event, district agricultural association event, or at another venue expressly approved by a local jurisdiction for the purpose of holding temporary events of this nature, provided that the activities, at a minimum, comply with all the following:
(A) The requirements of paragraphs (1) to (3), inclusive, of subdivision (g). (B) All participants who are engaged in the onsite retail sale of cannabis or cannabis products at the event are licensed under this division to engage in that activity. (C) The activities are otherwise consistent with regulations promulgated and adopted by the department governing state temporary event licenses.
(D) A state temporary event license shall only be issued in local jurisdictions that authorize such events. 641
12/21/23, 1:28 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1186 3/7 (E) A licensee who submits an application for a state temporary event license shall, 60 days before the event, provide to the department a list of all licensees that will be providing onsite sales of cannabis or cannabis products at the event. If any changes occur in that list, the licensee shall provide the department with a final updated list to reflect those changes. A person shall not engage in the onsite retail sale of cannabis or cannabis products, or in any way participate in the event, who is not included in the list, including any updates, provided to the department.
(2) The department may impose a civil penalty on any person who violates this subdivision, or any regulations adopted by the department governing state temporary event licenses, in an amount up to three times the amount of the license fee for each violation, consistent with Sections 26018 and 26038. (3) The department may require the event and all participants to cease operations without delay if in the opinion of the department or local law enforcement it is necessary to protect the immediate public health and safety of the people of the state. The department may also require the event organizer to immediately expel from the event any participant selling cannabis or cannabis products without a license from the department that authorizes the participant to sell cannabis or cannabis products. If the unlicensed participant does not leave the event, the department may require the event and all participants to cease operations immediately. (4) The order by the department for the event to cease operations pursuant to paragraph (3) does not entitle the event organizer or any participant in the event to a hearing or an appeal of the decision. Chapter 3 (commencing with Section 490) of Division 1.5 and Chapter 4 (commencing with Section 26040) of this division shall not apply to the order by the department for the event to cease operations pursuant to paragraph (3).
(5) The smoking of cannabis or cannabis products at temporary events authorized pursuant to this subdivision is prohibited in locations where smoking is prohibited. For purposes of this section, “smoking” has the same meaning as defined in subdivision (c) of Section 22950.5. (f) This division, or any regulations promulgated thereunder, shall not be deemed to limit the authority or remedies of a city, county, or city and county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
(g) Notwithstanding paragraph (1) of subdivision (a) of Section 11362.3 of the Health and Safety Code, a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if all of the following are met:
(1) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older. (2) Cannabis consumption is not visible from any public place or nonage-restricted area. (3) Sale or consumption of alcohol or tobacco is not allowed on the premises. (h) This division shall not be interpreted to supersede Section 6404.5 of the Labor Code.

SEC. 1.5. Section 26200 of the Business and Professions Code is amended to read:
26200. (a) (1) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction. (2) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements.
(b) This division shall not be interpreted to require the department to undertake local law enforcement responsibilities, enforce local zoning requirements, or enforce local licensing, permitting, or other authorization requirements.
(c) A local jurisdiction shall notify the department upon revocation of any local license, permit, or authorization for a licensee to engage in commercial cannabis activity within the local jurisdiction. Within 60 days of being so 642
12/21/23, 1:28 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1186 4/7 informed, the department shall begin the process to determine whether a license issued to the licensee should be suspended or revoked pursuant to Chapter 3 (commencing with Section 26030). (d) For facilities issued a state license that are located within the incorporated area of a city, the city shall have full power and authority to enforce this division and the regulations promulgated by the department, if delegated by the state. Notwithstanding Sections 101375, 101400, and 101405 of the Health and Safety Code or any contract entered into pursuant thereto, or any other law, the city shall assume complete responsibility for any regulatory function pursuant to this division within the city limits that would otherwise be performed by the county or any county officer or employee, including a county health officer, without liability, cost, or expense to the county.
(e) (1) This division does not prohibit the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at a county fair event, district agricultural association event, or at another venue expressly approved by a local jurisdiction for the purpose of holding temporary events of this nature, provided that the activities, at a minimum, comply with all the following:
(A) The requirements of paragraphs (1) to (3), inclusive, of subdivision (g). (B) All participants who are engaged in the onsite retail sale of cannabis or cannabis products at the event are licensed under this division to engage in that activity. (C) The activities are otherwise consistent with regulations promulgated and adopted by the department governing state temporary event licenses, except as otherwise provided in paragraphs (6), (7), and (8). (D) A state temporary event license shall only be issued in local jurisdictions that authorize such events. (E) A licensee who submits an application for a state temporary event license shall, 60 days before the event, provide to the department a list of all licensees that will be providing onsite sales of cannabis or cannabis products at the event. If any changes occur in that list, the licensee shall provide the department with a final updated list to reflect those changes. A person shall not engage in the onsite retail sale of cannabis or cannabis products, or in any way participate in the event, who is not included in the list, including any updates, provided to the department.
(2) The department may impose a civil penalty on any person who violates this subdivision, or any regulations adopted by the department governing state temporary event licenses, in an amount up to three times the amount of the license fee for each violation, consistent with Sections 26018 and 26038. (3) The department may require the event and all participants to cease operations without delay if in the opinion of the department or local law enforcement it is necessary to protect the immediate public health and safety of the people of the state. The department may also require the event organizer to immediately expel from the event any participant selling cannabis or cannabis products without a license from the department that authorizes the participant to sell cannabis or cannabis products. If the unlicensed participant does not leave the event, the department may require the event and all participants to cease operations immediately. (4) The order by the department for the event to cease operations pursuant to paragraph (3) does not entitle the event organizer or any participant in the event to a hearing or an appeal of the decision. Chapter 3 (commencing with Section 490) of Division 1.5 and Chapter 4 (commencing with Section 26040) of this division shall not apply to the order by the department for the event to cease operations pursuant to paragraph (3).
(5) The smoking of cannabis or cannabis products at temporary events authorized pursuant to this subdivision is prohibited in locations where smoking is prohibited. For purposes of this section, “smoking” has the same meaning as defined in subdivision (c) of Section 22950.5. (6) (A) All licensees who are issued a state temporary event license allowed pursuant to this subdivision may, upon completion or cessation of the temporary event, reconcile unsold inventory of cannabis or cannabis products and return it to the licensee’s retail premises. (B) All unsold inventory of cannabis or cannabis products from the temporary event shall be noted in track and trace prior to transport.
(C) All unsold inventory of cannabis or cannabis products from the temporary event shall be in its original packaging in which it was placed pursuant to Chapter 12 (commencing with Section 26120). 643
12/21/23, 1:28 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1186 5/7 (7) The inventory of cannabis or cannabis products authorized to be sold by a state temporary event license pursuant to this subdivision shall only be transported to and from the temporary event by a licensed distributor or licensed microbusiness.
(8) The department shall not deny an application for a state temporary event license pursuant to this subdivision solely on the basis that there is a license issued pursuant to the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000)) for the proposed premises of the event. Furthermore, the Department of Alcoholic Beverage Control shall not take any disciplinary action against a person licensed pursuant to the Alcoholic Beverage Control Act on the basis of a state temporary event license issued by the department to a licensee pursuant to this subdivision that utilizes the same premises as the person licensed pursuant to the Alcoholic Beverage Control Act.
(A) All on- and off-sale privileges of alcoholic beverages at the venue shall be suspended for the day of the event and shall not resume until 6 a.m. on the day after the event has ended. (B) Alcohol consumption on the venue premises shall be strictly prohibited for the day of the event and shall not resume until 6 a.m. on the day after the event has ended. (f) This division, or any regulations promulgated thereunder, shall not be deemed to limit the authority or remedies of a city, county, or city and county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
(g) Notwithstanding paragraph (1) of subdivision (a) of Section 11362.3 of the Health and Safety Code, a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if all of the following are met:
(1) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older. (2) Cannabis consumption is not visible from any public place or nonage-restricted area. (3) Sale or consumption of alcohol or tobacco is not allowed on the premises. (h) This division shall not be interpreted to supersede Section 6404.5 of the Labor Code. (i) This section does not alter or affect the prohibition on the sale of alcoholic beverages by a licensee, as provided in Section 26054, on or at a venue premises licensed under this division.

SEC. 2. Chapter 26 (commencing with Section 26320) is added to Division 10 of the Business and Professions Code, to read:

CHAPTER 26. Medicinal Cannabis Patients’ Right of Access Act 26320. The Legislature finds and declares as follows:
(a) Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products. (b) It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis. 26321. (a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients’ Right of Access Act. (b) For purposes of this chapter:
(1) “Medicinal cannabis” means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001.
(2) “Medicinal cannabis business” means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license. (3) “Medicinal cannabis patient” means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code. 644
12/21/23, 1:28 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1186 6/7 (4) “Regulation” means a local ordinance, regulation, policy, or practice. 26322. (a) A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis:
(1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.
(2) The operating hours of medicinal cannabis businesses. (3) The number or frequency of sales by delivery of medicinal cannabis. (4) The types or quantities of medicinal cannabis authorized to be sold by delivery. (5) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established. (b) Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to:
(1) Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.
(2) Security or public health and safety requirements.
(3) Licensing requirements.
(4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.
(5) Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.
(c) Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction.
(d) This section shall become operative on January 1, 2024. 26323. (a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:
(1) A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction. (2) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction. (3) The Attorney General.
(4) Any other party otherwise authorized by law.
(b) This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure. 645
12/21/23, 1:28 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1186 7/7 (c) This section shall become operative on January 1, 2024. 26324. Nothing in this chapter shall be construed to limit or otherwise affect the ability or right of a local jurisdiction to regulate adult-use cannabis pursuant to Section 26200. 26325. This chapter addresses a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution.

SEC. 3. Section 1.5 of this bill incorporates amendments to Section 26200 of the Business and Professions Code proposed by both this bill and Assembly Bill 2210. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 26200 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 2210, in which case Section 1 of this bill shall not become operative.

SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. 646
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 mo bile 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 bo th such fine and imprisonment; and
WHEREAS, under MMC Section 16.44.250, the operation of any mobile mariju ana 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 misdemeanor punishable by a fine not to exceed on e 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 Gove rnor 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 del ivery 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 withi n the local jurisdiction of medicinal marijuana to medicinal marijuana p atients or their primary care givers 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 governing th e sale and delivery of medical marijuana in order to bring the MMC suffici ently into compliance with SB 1186. City staff intends to study, within a reasonable time, land use regulations related to the sale 








 







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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, i ncluding but not limited to, sales of marijuana to minors, drug sales, robbery, burglaries, assaults, and other violent crimes, fraud in obtaining or using medical marijuana 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 ex pressly authorize the City Council to adopt an urgency ordinance for th e 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 bo dy, 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 staff to underta ke 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 that may arise as the City develops permanent regulations; and
WHEREAS, pursuant to the above-described express statutory authority an d 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 a nd 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 co uncil 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 recitals are true and accurate and ar e adopted herein by reference.

SECTION 2. Findings
A. The City Council desires to provide for the public safety, h ealth and welfare of the residents and visitors to the City by exercising its police power authori ty 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 governi ng the development and use of medical marijuana facilities and mobile medical marijuana dispe nsaries are not sufficient to address the adverse effects of the establishment and expansion of such uses. 








 







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B. The MMC currently prohibits medical marijuana facilities and mobile medical marijuana dispensaries as uses within the City. Pursuant to SB 1186, the City would not be permitted to enforce its existing regulations related to medical marijuana f acilities and mobile medical marijuana dispensaries as of Ja nuary 1, 2024, to the extent tha t 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 wit hin the City without first studying and evaluating the fiscal, community, and public welfare impact s 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 other valuable and scarce city administra tive, 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 l ocal 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 subje ct 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 foresee able indirect physical change in the environment) and 15378 (the activity is not a project under CEQ A) 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 welf are, and does not permit any development that could result in a significant change to the en vironment. Furthermore, the moratorium established by this Interim Ordinance is temporary p ending 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 potential 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 c urrent and immediate threat to the public safety, health and welfare requiring this Interim Ordina nce; (2) finds that this Interim Ordinance is necessary for the immediate preservation of the public peace, health, and safety; and 








 







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Urgency Ordinance No. U-600-23

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(3) declares and imposes a temporary moratorium for the immedia te 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 thi s ordinance, applications for medical marijuana facilities and mobile medical marijuana dispe nsaries will not be accepted and no permit, license, approval, or entitlement for medical mariju ana facilities or mobile medical marijuana dispensaries within the City limits will be issued af ter 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 Secti on 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, eq uity, 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, exchang es, 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 whic h transports or delivers, or arranges the transportation or delivery, of medical marijuana to a person.

SECTION 5. Penalty
A violation of any provision of this Interim Ordinance shall co nstitute 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 Ordi nance 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 Serv ices Director is directed to study appropriate modifications to the MMC to mitigate the c onditions outlined in Section 2 above that may arise out of developing, maintaining, and expand ing medical marijuana facilities and mobile medical marijuana dispensaries. The study shall incl ude 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 pursu ant to the provisions of Government Code Sections 65858, 36934 and 36937, and shall take effect immediately upon its adoption. Based upon the findings set fort h in the recitals and Section 2 above, the City Council finds a nd 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. 








 







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B. Pursuant to Government Code Section 65858(a), this Interim Ordi nance 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 thereof not declared invalid or unconstitutional without regard to whether any portion of the I nterim 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.

_______________________________
Lori Stone, Mayor

ATTEST:

____________________________
Cristal McDonald, City Clerk

APPROVED AS TO FORM:

____________________________
Tiffany J. Israel, City Attorney










 







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______________________________
Clerk
ORM:
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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: DeForest, Levell, Holliday, Warren, Stone
NOES: None
ABSENT: None
ABSTAIN: None

____________________________
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): January 5, 2024

____________________________
Cristal McDonald, City Clerk










 







In witness whereof, I have hereunto subscribed my name this 22 day of January, 2024 652
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01375.0005/955033.1
ORDINANCE NO. 602-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MURRIETA, CALIFORNIA, AMENDING TITLE 16 OF THE MURRIETA DEVELOPMENT CODE TO REVISE SECTIONS 16.08.010, 16.10.010 ,

16.11.010, 16.12.010 , 16.13.010, 16.14.0 10, AND 16.44.250 FOR THE

ESTABLISHMENT OF MEDICINAL CANNABIS DELIVERY LOCATION

AND OPERATIONAL STAN DARDS AND MISCELLANE OUS UPDATES

TO EXISTING CANNABIS STANDARDS
WHEREAS, the City of Murrieta ( “City”) currently regulates and prohibits marijuana , also known as cannabis, dispensaries and distribution facilities within the City under Section (s)

16.08.010, “Purpose”, 16.10.010 , “Purpose” , 16.11.010 , “Purpose” , 16.12.010 , “Purpose” ,

16.13.010, “Purpose”, 16.14.010, and 16.44.250, “Marijuana and Hemp Use,” of Title 16, “Development Code,” of the Murrieta Development Code (“MDC”); 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 cannabis to medicinal cannabis patients or their primary caregivers, or that otherwi se has the effect of prohibiting the retail sale by delivery within the local jur isdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction; and WHEREAS, the City desires to amend its existing regulations governing the sale and delivery of medicinal cannabis in order to bring the MDC into compliance with SB 1186; and WHEREAS, cannabis and medic inal cannabis delivery services present challenges and impacts to the health, safety, and welfare of City residents due to secondary impacts and effects associated with cannabis and related activities, including but not limited to, sales of cannabis to minors, drug sales, robbery, burglaries, assaults, and other violent crimes, fraud in obtaining or using medicinal cannabis identification cards, and increased demands on police and other valuable and scarce city administrative, financial, or personnel resources; and WHEREAS, since 2014, federal law, as interpreted by United States v. McIntosh (9th Cir. 2016) 833 F.3d 1163, 1177, has prohibited federal prosecutors from spending funds to prosecute individuals who engage in conduct permitted by California’s medicinal cannabis laws who and are in full compliance with those laws; and
WHEREAS, the Planning Commission has considered the potential for environmental effects as a result of the proposed Development Code Amendment pursuant to the California Environmental Quality Act (CEQA), and concurs with staff’s recommendation; and WHEREAS, the Planning Commission, after notice duly given as required by law, held a public hearing on Janu ary 10, 2024 at 6:00 p.m., in the City Hall council chamber to consider this proposed Ordinance No. 602-24, and heard all arguments for and against this proposal; and WHEREAS, the City Council, after notice duly given as required by law, held a public hearing on ___________ __, 2024 at 6:00 p.m., in the City Hall council chamber to consider this 659

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proposed Ordinance No. ___-24, and heard all arguments for and against this proposal; and WHEREAS, the City Council adopted Interim Urgency Ordinance No. U -600-23 on December 19, 2023 to establish a temporary 45 -day moratorium on the acceptance or processing of applications, issuance of permits, and construction of all structures (with enumerated exceptions) on the establishment or expansion of medical marijuana dis pensaries, facilities, and mobile medical marijuana dispensaries within the City; and WHEREAS, the City Council on January 16, 2024 adopted a temporary 45-day extension of the existing interim urgency ordinance under Interim Urgency Ordinance No. U-601-24; and WHEREAS, at this time the City Council desires to adopt regulations for medicinal cannabis delivery.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Murrieta does ordain as follows:

SECTION 1. RECITALS
The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. FINDINGS
Based upon the substantial evidence presented to the City Council on _________ __, 2024 , including written and oral staff reports and public written and oral testimony, and in accordance with Murrieta Development Code Chapter 16.58, the City Council of the City of Murrieta approves the Development Code Amendment set forth herein in accordance with the following findings pursuant to Development Code Section 16.58.080:

Findings and Recommended Approval for Development Code Amendments:
a. The proposed amendment ensures and maintains internal consistency with all of the objectives, policies, genera l plan land uses, programs and actions of all elements of the general plan;

FACTS: The Development Code is the primary tool for implementing the General Plan, providing regulating standards, identification of permitted uses, and other regulations that support the proper implementation of the General Plan Land Use Element. This Development Code Amendment updates and amends Sections

16.08.010, 16.10.010, 16.11.010, 16.12.010, 16.13.010, 16.14.010, and 16.44.250 in order to implement regulations to permit, as required by state law, the delivery of medicinal cannabis products and the establishment of physical distribution hubs for the delivery of medicinal cannabis within the City.

b. The proposed amendment would not be detrimental to the public convenience, health, safety or general welfare of the city;

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FACTS: The General Plan will promote the health, safety, and welfare of the City through the listed goals and policies included wi thin each element, the proposed project includes reasonable regulations to ensure that the public convenience, health, safety and general welfare are protected as a result of the state requirement that medicinal cannabis delivery locations be allowed in the City.

c. The proposed amendment is internally consistent with other applicable provisions of the development code.

FACTS: The proposed amendment has been integrated into the Code and aligns with the existing regulations which prohibit retail sales and t he establishment of recreational marijuana dispensaries in the City. The proposed regulations provide an exception to such prohibitions solely for medicinal cannabis delivery locations as required by state law.

d. The proposed amendment is in compliance with the provision s of the California Environmental Quality Act (CEQA).

FACTS: The project has been evaluated pursuant to CEQA and it has been determined that the amendments will have no significant adverse impacts on the environment as it is simply updating existing operating standards related to medicinal marijuana delivery consistent with State requirements and is similar in nature to other delivery services that occur throughout the City on a daily basis.

Furthermore, the amendment is exempt for California Environmental Quality Act (CEQA) Chapter 3 of Title 14 of the California Code of Regulations beginning at Section 15000, specifically: Section 15060(c)(2), because the proposed Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; and Section 15061(b)(3), because the Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

SECTION 3. MUNICIPAL CODE AMENDMENT
Section 16.08.010 , Table 16.08 -1, entitled “USE TABLE FOR RESIDENTIAL (SINGLE - FAMILY) ZONING DISTRICTS Permit Requiremen t by District is hereby amended to read as follows:
“
TABLE 16.08-1

USE TABLE
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FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS
Permit Requirement by District
Symbol Applicable Process See Chapter
P Permitted Land Use - Compliance with
development standards and zoning clearance
required

16.74 C Conditional Use - Conditional use permit
required

16.52 "Blank" Land use not permitted

Land Use (1) (2) RR ER-1 ER-2 ER-3 SF-1 SF-2 See
Standards in
Section
Cannabis Cultivation,
Processing, Delivery, and
Dispensary (Commercial)

Cannabis Testing
Laboratory

Cannabis Dispensary
(Recreational Retail
Storefront)

Medicinal Cannabis
Delivery Service (Mobile
Activities for Patients and
Caregivers)
P

P P P P P 16.44.250
Medicinal Cannabis
Delivery Service (Physical
Delivery Logistics
Location)

“

Section 16.08.010 , Table 16.08 -2, entitled “USE TABLE FOR RESIDENTIAL (SINGLE - FAMILY) ZONING DISTRICTS Permit Requirement by District is hereby amended to read as follows:
“
TABLE 16.08-2

USE TABLE

FOR RESIDENTIAL (MULTI-FAMILY) ZONING DISTRICTS
Permit Requirement by District
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01375.0005/955033.1
Symbol Applicable Process See Chapter
P Permitted Land Use - Compliance with
development standards and zoning
compliance required

16.74 C Conditional Use - Conditional use permit
required

16.52 MC Minor Conditional Use - Conditional use
permit required

16.52 “Blank” Land use not allowed

Land Use (1) (2) MF-1 MF-2 MF-3 MF-4 See
Standards in
Section
Cannabis Cultivation,
Delivery, Dispensary, and
Processing (Commercial)

Cannabis Testing Laboratory
Cannabis Dispensary
(Recreational Retail
Storefront)

Medicinal Cannabis Delivery
Service (Mobile Activities for
Patients and Caregivers)
P P P P 16.44.250
Medicinal Cannabis Delivery
Service (Physical Delivery
Logistics Location)

“

Section 16.10.010, Table 16.10 -1, entitled “ USE TABLE FOR COMMERCIAL ZONING DISTRICTS” is hereby amended to read as follows:
“
TABLE 16.10-1

USE TABLE

FOR COMMERCIAL ZONING DISTRICTS
Symbol Applicable Process See Chapter
P Permitted Land Use - Compliance
with development standards and
zoning clearance required

16.74 663

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C Conditional Use - Conditional use
permit required

16.52 'Blank" Land use not permitted

Land Use(1) (2) NC CC RC See Standards
in Section
Cannabis Cultivation, Delivery,
Dispensary, and Processing
(Commercial)

Cannabis Dispensary
(Recreational Retail Storefront)

Cannabis Testing Laboratory
Medicinal Cannabis Delivery
Service (Mobile Activities for
Patients and Caregivers)
P P P 16.44.250
Medicinal Cannabis Delivery
Service (Physical Delivery
Logistics Location)

“

Section 16.11.010, Table 16.11 -1, entitled “ALLOWABLE USES AND PERMIT REQUIREMENTS FOR OFFICE DISTRICTS” is hereby amended to read as follows:
“
TABLE 16.11-1

ALLOWABLE USES AND PERMIT REQUIREMENTS FOR OFFICE DISTRICTS Symbol Applicable Process See Chapter
P Permitted Land Use - Compliance
with development standards and
zoning clearance required

16.74 C Conditional Use - Conditional use
permit required

16.52 "Blank" Land use not allowed

Land Use(1) (2) (3) (4) (5) (6) O ORP See Standards
in Section
Cannabis Cultivation, Delivery,
Dispensary, and Processing
(Commercial)

Cannabis Testing Laboratory
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Cannabis Dispensary (Recreational
Retail Storefront)

Medicinal Cannabis Delivery
Service (Mobile Activities for
Patients and Caregivers)
P P 16.44.250
Medicinal Cannabis Delivery
Service (Physical Delivery
Logistics Location)

“

Section 16.12.010, Table 16.12 -1, entitled “USE TABLE FOR BUSINESS PARK AND INDUSTRIAL DISTRICTS” is hereby amended to read as follows:
“
TABLE 16.12-1

USE TABLE FOR BUSINESS PARK AND INDUSTRIAL DISTRICTS
Key to Permit Requirements
Symbol Applicable Process See Chapter
P Permitted Use - Compliance with
development standards and zoning
clearance required(3)

16.74 C Conditional Use - Conditional use
permit required

16.52 "Blank" Use not allowed

Land Use(1) (2) (3) (4) (5) (6) (7) (8) BP GI GI-A See Standards in Section
Cannabis Cultivation, Delivery,
Dispensary, and Processing
(Commercial)

Cannabis Testing Laboratory C C C 16.44.250
Cannabis Dispensary (Recreational
Retail Storefront)

Medicinal Cannabis Delivery
Service (Mobile Activities for
Patients and Caregivers)
P P P 16.44.250
Medicinal Cannabis Delivery
Service (Physical Delivery
Logistics Location)
P(13) 16.44.250
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(13) Refer to Section 16.44.250 for the required 500 foot separation from sensitive uses and from another Medicinal Cannabis Delivery Service location (Physical Delivery Logistics Location)
“

Section 16.13.010, Table 16.1 3-1, entitled “ ALLOWABLE USES AND PERMIT REQUIREMENTS FOR THE INNOVATION ZONING DISTRICT ” is hereby amended to read as follows:
“
TABLE 16.13-1

ALLOWABLE USES AND PERMIT REQUIREMENTS FOR THE INNOVATION

ZONING DISTRICT
Symbol Applicable Process See Chapter
P Permitted Land Use - Compliance
with development standards and
zoning clearance required

16.74 C Conditional Use - Conditional use
permit required

16.52 MC Minor Conditional Use - Conditional
use permit required

16.52 "Blank" Land use not allowed
Land Use (1) (2) (3) (4) (5) (6) INN See Standards
in Section
Cannabis Cultivation, Delivery,
Dispensary, and Processing
(Commercial)

Cannabis Testing Laboratory
Cannabis Dispensary (Recreational
Retail Storefront)

Medicinal Cannabis Delivery
Service (Mobile Activities for
Patients and Caregivers)
P 16.44.250
Medicinal Cannabis Delivery
Service (Physical Delivery
Logistics Location)

Section 16.14.010, Table 16.14 -1, entitled “ USE TABLE FOR SPECIAL PURPOSE DISTRICTS” is hereby amended to read as follows:
“
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TABLE 16.14-1

USE TABLE FOR SPECIAL PURPOSE DISTRICTS
Key to Permit Requirements
Symbol Applicable Process See Chapter
P Permitted Use - Compliance with
development standards and zoning
clearance required(3)

16.74 C Conditional Use - Conditional use
permit required

16.52 "Blank" Use not allowed

Land Use(1) (2) P&R C&I OS See Standards
in Section
Cannabis Cultivation, Delivery,
Dispensary, and Processing
(Commercial)

Cannabis Testing Laboratory
Cannabis Dispensary
(Recreational Retail Storefront)

Medicinal Cannabis Delivery
Service (Mobile Activities for
Patients and Caregivers)
P P P 16.44.250
Medicinal Cannabis Delivery
Service (Physical Delivery
Logistics Location)

“
Section 16.44.250 is hereby retitled to “Cannabis and Hemp Use” and amended in its entirety to read as follows:
“16.44.250 Cannabis and Hemp Use.

A. Definitions. For purposes of this Chapter, the following definitions shall apply:

1. “Cannabis”, also know n as "Marijuana", means any or all parts of the plant Cannabis Sativa Linnaeus, Cannabis Indica, Cannabis Ruderalis and any genetic or synthetic derivative thereof, whether growing or not; the seeds thereof; the resin or separated resin, whether crude or purified, extracte d from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana or any ma rijuana derivative. The term "marijuana" shall also include "medical cannabis " as such phrase is used in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical 667

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Use, and "cannabis" as defined in the Business and Profess ions Code § 19300.5(f), as may be amended from time to time, that was issued by the office of the Attorney General for the state of California or subject to the provisions of the California Health and Safety Code § 11362.5 (Compassionate Use Act) or California Health and Safety Code §§ 11362.7 to 11362.83 (Medical Marijuana Program Act). Notwithstanding the above, the definition of “cannabis” does not include "industrial hemp."

2. "Cannabis Cultivation" means growing, planting, harvesting, drying, curing, grading, trimming, or processing of marijuana.

3. "Cannabis Dispensary" or " Cannabis Dispensaries" means any business, office, store, facility, location, retail storefront or wholesale component of any establishment, cooperative or collective that deliver s (as defined in Business and Professions Code §19300.5(m) or any successor statute thereto) whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells or provides cannabis for any reason to any person, group of persons, corporation, limited liability company, non-profit corporation or any other entity of any kind.

4. "Cannabis Processing" means any method used to prepare cannabis or its byproducts for commercial retail and/or wholesale use including, but not limited to: dr ying, cleaning, curing, packaging, and extraction of active ingredients to create cannabis related products and concentrates, production of foodstuffs containing cannabis and production of any pill, tablet, liquid, lozenge or other delivery system containing cannabis or any derivative thereof.

5. "Cannabis Testing Laboratory" means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that meets the following:
a. Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state; and b. Licensed by the Bureau of Cannabis Control within the Department of Consumer Affairs, formerly named the Bureau of Marijuana Control, the Bureau of Medical Cannabis Regulation, and the Bureau of Medical Marijuana Regulation; or c. As otherwise defined under § 26001 of the California Business and Professions Code.

6. "Industrial Hemp" means a crop that is limited to types of the plant Cannabis Sativa L. having no more than three -tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom, consistent with California Health and Safety Code § 11018.5.

7. "Medicinal cannabis" or "Medicinal Cannabis Product" means cannabis or a cannabis product, respectively, intend ed 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.
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8. “Medicinal Cannabis Delivery Service” means a physical business location in the City with no retail storefront and where the sole purpose and use of the facility is for the storage and logistics to support the delivery of Medicinal Cannabis.

B. Prohibited Activitie s. Cannabis cultivation, cannabis processing, cannabis delivery and cannabis dispensaries shall be prohibited activities within the city of Murrieta, except where the city is preempted by federal or state law from enacting a prohibition on such activity. N o use permit, variance, building permit, business license, or any other entitlement, license or permit, whether administrative or discretionary shall be approved or issued for the activities of cannabis cultivation, cannabis processing, cannabis delivery, or the establishment or operation of a cannabis dispensary in the City, and no person shall otherwise establish or conduct such activities in the City, except where the City is preempted by federal or state law from enacting a prohibition on any such activ ity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought.

C. Limited Exceptions. Notwithstanding § 16.44.250.B, the following shall be permitted subject to limitations:

1. The retail sale of industrial hemp products, with the exception of foods and supplements for consumption. Cultivation and processing of Industrial Hemp shall be prohibited activities within the City. No cannabis products or graphics depicting cannabis products shall be visible from the exterior of any property selling industrial hemp, or on any of the vehicles owned or used as part of the retail sales.

2. Cannabis Testing Laboratory shall be allowed in the Business Park (BP), General Industrial (GI), and General Industrial-A (GIA) Zone Districts consistent with Table 16.12-1: Use Table for Business Park and Industrial Districts and subject to the Conditional Use Permit requirements specified in § 16.52 and the following miscellaneous operating requirements. a. No cannabis products or gr aphics depicting cannabis products shall be visible from the exterior of any property issued a cannabis testing laboratories permit, or on any of the vehicles owned or used as part of the cannabis testing laboratories . No outdoor storage of cannabis or cannabis products is permitted at any time. b. Cannabis shall not be consumed or sampled by any testing lab employee, visitor, operator or vendor on the premises of any cannabis testing laboratories. c. Odor control devices and techniques shall be incorporate d in all cannabis testing laboratories to ensure that any odors from testing are no t detectable off -site.

Cannabis testing laboratories shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the cannabis testing laboratories that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights -of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis testing laboratories.
d. Prior to co mmencing operations, a cannabis testing laboratories shall be subject to all required permits and approvals which would otherwise be required for any 669

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business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permit(s), fire department approvals, Health Department approvals and other zoning and land use permit(s) and approvals. e. Cannabis testing laboratories permits may be revoked for any violation of any law and/or any rule, regulation and/or standard adopted pursuant to this chapter or as a result of the loss of any other applicable state or local license. f. Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately su spend the ability of a cannabis testing laboratories to operate within the City, until the State of California, or its respective department or division, reinstates or reissues the State license. Should the State of California, or any of its departments or divisions, revoke or term inate the license of a cannabis testing laboratories, such revocation or termination shall also revoke or terminate the ability of a cannabis testing laboratories to operate within the City.

3. Medicinal Cannabis Delivery Service
a. Medicinal Cannabis Delivery Service License Required. i. No person shall engage in or conduct any Medicinal Cannabis Delivery Service within the City without an approved Medicinal Cannabis Delivery Service license under this Section.
ii. A separate Medicinal Cannabis Delivery Service license shall be required for each physical address location within the City. iii. An application for a Medicinal Cannabis Delivery Service license shall be on forms provided by the Chief of Police or designee, which require all information, permits , licenses, criminal background check results, and other approvals necessary to verify compliance with this Section and all applicable laws.

The Chief of Police or designee reserves the right to request and obtain additional information from any business o wner and property owner submitting a medicinal cannabis delivery service license application to show compliance with relevant codes and regulations.
iv. Applicants shall execute an agreement indemnifying the City from any claims, damages, injuries, or lia bilities of any kind associated with the operation of the delivery-only medicinal cannabis business, issuance of a permit to a delivery-only medicinal cannabis business, or the prosecution of the delivery-only medicinal cannabis business or its owners, man agers, directors, officers, employees, or its qualified patients or primary caregivers for violation of Federal or State laws
v. Insurance Requirements. Applicant shall provide and maintain insurance in the amounts and of the types that are acceptable to t he City Manager or designee.
iv. The business owner and the property owner, if different, shall each sign the Medicinal Cannabis Delivery Service license application form. 670

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v. A Medicinal Cannabis Delivery Service license issued pursuant to this Section shall expire 12 months after the date of its issuance. Thereafter, a new or renewal license application must be submitted to continue the Medicinal Cannabis Delivery Service.
b. Application Requirements. A completed application, together with the application fee in an amount established by resolution of the City Council shall be submitted with all of the following:
i. Site and Floor Plan.

A. A site plan, drawn to scale and professionally prepared by a licensed civil engineer or architect, of the parcel of property on which the proposed cannabis business will be located. The site plan shall include the outline of all structures, driveways, parking and landscape areas, and boundaries of the parcel.

B. A floor plan, drawn to scale and professionally prepared b y a licensed civil engineer or architect, designating all interior dimensions of the premises, the proposed use of all spaces, identification of limited access areas, areas of ingress and egress, and all security camera locations. ii. Lighting Plan. A ligh ting plan showing existing and proposed exterior and interior lighting levels that would be the minimum necessary to provide adequate security lighting for the use.
iii. Copies of the applicant’s current M-License from the C alifornia Department of Cannabis Control.
iv. Odor Control Management Plan. All applications shall submit an adequate on-site odor control management plan such that all odors resulting from the storage or transport of cannabis and cannabis-related products cannot be readily detected from outside of the structure or vehicle in which the business operates. v. Safety and Security Plan.
vi. Sensitive Uses Information. The names and addresses of all libraries, schools, religious worship institutions, youth activity centers and day care centers and parks within 500 feet as measured from the property lines of a proposed facility. For business condominiums, this measurement would be taken from the outer boundaries of the common parcel where the structure is located and not from the building.
c. Background Check. All owners, operators, partners, investors, employees, and agents must submit to a background check.
d. Operational Requirements.
i. All requirements of the state shall be met at all times, except where local requirements apply.
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ii. All business operations must be conducted in conformance with the approved Medicinal Cannabis Delivery Service license and all approved plans included therewith.
iii. A City Business License shall be obtained prior to operation and maintained in good standing during the entirety of operations. iv. City Permits. A Medicinal Cann abis Delivery Service shall secure all necessary building permits and be required to comply with applicable building, fire, mechanical, and plumbing codes, and State and Federal disability access laws. v. Dimensions. The cumulative size of all structures associated with a Medicinal Cannabis Delivery Service shall not exceed 3,000 square feet of gross building area.
vi. Visibility and Signs.

A. No cannabis or cannabis products may be visible from outside the Medicinal Cannabis Delivery Service’s fixed location or any delivery vehicles.

B. Signage shall be limited to one wall sign consisting of the property address only and meet the requirements of Murrieta Municipal Code Section 16.38120(J) – Wall Signs.

C. Signs shall contain no advertising of other companies, brands, goods, or services, or of this use.
vii. Hours of Operation. Medicinal Cannabis Delivery Services may only operate during hours authorized by their state license and the Department of Cannabis Control regulations.
viii. Food Products. Medicinal Cannabis Delivery Services shall comply with all state laws and regulations with respect to edible products. ix. Odor Control Requirements.

A. All Medicinal Cannabis Delivery Services shall incorporate and maintain adequate on -site odor control measures pursuant to an approved Odor Control Management Plan such that the odors as a result of storing or transport of cannabis and cannabis -related pro ducts cannot be readily detected from outside of the structure or vehicle in which the business operates.

B. The Plan shall incorporate the following elements: filtration system(s) for air purification with a minimum efficiency reporting value (MERV-13) rating or greater, polarized filters with activated carbon inserts, carbon scrubbers, ozone generators, electrostatic air curtains, circulation fans, training measures for employees, and a maintenance log and schedule. 672

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x. All business activities may only occur in a permitted, fully enclosed and secure structure.
xi. Delivery shall be only to qualified Medicinal Cannabis patients or their primary caregivers who possess a valid identification card as described in California Health and Safety Code Section 11362.7.
xii. Inspected Products. Each Medicinal Cannabis Delivery Service shall deliver Medicinal Cannabis products only after those products have been inspected and quality tested by a qualified third-party testing facility as required by applicable State laws.
xiii. Labeling and Packaging. Prior to sale for a delivery, Medicinal Cannabis products shall be labeled and placed in tamper-evident packaging. Labels and packages of Medicinal Cannabis products shall, at minimum, meet the requirements specified under applicable State laws.
xiv. Product Tracking System. Medicinal Cannabis Delivery Services must be compliant with and participating in the State mandated California Cannabis Track and Trace system.
xv. Recordkeeping Requirements. Medicinal Cannabis Delivery Services must comply with Department of Cannabis Control recordkeeping requirements.
xvi. Prohibited Activities.

A. On-Site Sales and Pick -Up Orders. Medicinal Cannabis Delivery Services shall only conduct sales through delivery. On -site sales or order pick-ups are prohibited.

B. Cannabis Paraphernalia Sales. Medicinal Cannabis Delivery Services shall not sell, deliver or advertise for sale any products other than medicinal cannabis or medicinal cannabis products.

C. Sales or delivery to other cannabis businesses (other than to other delivery locations owned by the same entity) is prohibited.

D. A Medicinal Cannabis Delivery Service shall not grow, cultivate, manufacture, or process cannabis.

E. No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages or cannabis at or within 200 feet of the physical address location of a Medicinal Cannabis Delivery Service.

F. No loitering shall be permitted in within 50 feet of the exterior walls or within the parking area of any Me dicinal Cannabis Delivery Service.
e. Permitted Locations.
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i. A Medicinal Cannabis Delivery Service shall be a Permitted Use in the Business Park (BP) Zone.
ii. A Medicinal Cannabis Delivery Service (Physical Delivery Logistics Location) shall not be located within 500 feet of a sensitive uses. or any other medicinal cannabis delivery business location. Distance specified in this subsection shall be measured by the horizontal distance measured in a straight line from the property lines of where the delivery-only medicinal cannabis operator is to be located to the property line of the potential sensitive use. For business condominiums, this measurement would be taken from outer bounda ries of the common parcel where the structure is located and not from the building. Sensitive uses for purposes of this Section include:

A. Residential zones or private residences.

B. Public or private schools.

C. Daycare centers.

D. Churches.

E. Public parks.

F. Youth activity centers.

G. Any other medicinal cannabis delivery service business f. Screening, Safety, and Security Requirements.
i. No public access is allowed within the premises.
ii. Outdoor vehicle storage shall be provided in a secured area with screening methods as provided under Section 16.44.130.A “Outdoor Storage Areas” of the Murrieta Development Code.
iii. Secured Site Access. All exterior vehicle parking areas shall be gated and secured. Any gate or barrier across a fire access roadway must meet the Murrieta Fire & Rescue requirements and have specific plans and permits approved prior to installation. A Knox brand key -operated electric key switch keyed to Murrieta Fire & Rescue specification are required. The Knox switch shall override all gate functions and open the gate. Other access control systems, such as Opticom, are required and must be installed as directed by the Fire Marshal and Chief of Police.
iv. Surveillance Systems. Security surveillance cameras and video recording systems shall be installed, and maintained in good condi tion, to monitor the entire interior (except bathrooms), main entrance, and exterior areas, including parking areas, of all Medicinal Cannabis Delivery Service physical locations to discourage loitering, crime, and illegal or nuisance activities. The areas to be covered by the security cameras include, but are not limited to, the storage areas, secured parking areas, delivery areas, all doors and windows, and any other areas 674

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as determined by the City Manager or the City Manager's designee. The cameras shall be in use 24 hours per day, seven days per week. The camera and recording system must be of adequate quality, color rendition, and a minimum of resolution at 8 megapixels per foot at the point of focus to allow for the identification of any individual pre sent in the fixed lo cations of delivery -only medicinal cannabis operations. Any disruption in security camera images should be cured expeditiously.
v. Security Video Retention. Video from the security surveillance cameras shall be maintained for a period of not less than thirty (30) days and shall be made immediately available to City representatives upon request. vi. City Surveillance System. A Medicinal Cannabis Delivery Service permitted under this Section may elect to purchase all necessary equipment to integrate their video surveillance system into any comprehensive video surveillance system currently in place or implemented by the City.
vii. Alarm System. A third-party and centrally monitored fire, robbery, and burglar alarm system shall be installed and maintained in good working condition at the premises.
viii. Right of Inspection. All vehicles and facilities permitted pursuant to this Section are subject to inspection by City personnel any time the Medicinal Cannabis Delivery Service is in operatio n. Prior notice of an inspection is not required.
ix. Secure Storage. The use of the facility shall be limited to the storage of medicinal cannabis and medicinal cannabis products solely within a secured , isolated interior environment. All medic inal cannab is and medic inal cannabis products shall be kept in a secured manner during business and non-business hours.

Each Medicinal Cannabis Delivery Service shall have locked storage at the fixed location for after -hours storage of cannabis and cannabis products. Medicinal Cannabis shall be stored in secured rooms, with limited or keycard access, that are completely enclosed or in a safe that is bolted to the floor. Additional details for creating security storage design can be located within “Law Enforcement Evidence and Property Management Guide”, Fourth Edition, 2022, produced by POST Management Counseling and Projects Bureau, California Commission On Peace Officer Standards And Training.
x. Panic Hardware. All entrances and exits of the Medicinal Cannabis Delivery Service shall remain locked at all times from outside entry , with entry strictly controlled. All exit doors leading from the facility shall be installed with listed and City approved panic hardware; shall open out, towards the direction of egress; shall be equipped with a listed and approved self -closing mechanism; and shall be equipped with a sealing gasket around the door. xii. Disposal Requirements. No on -site disposal or composting of cannabis waste is allowed. Use of an authorized third-party waste hauler is required, 675

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whom shall be City approved, and approved under the Applicant’s Waste Management Plan by Department of Cannabis Control.
xiii. Report of violations. Within 24 -hours, the operator shall notify the Chief of Police of any actions taken by the Department of Cannabis Control to revoke, suspend, or deny an applicant’s ability to operate, including the issuance of a Notice to Comply, or issuance of a citation.
xiv. Designated security liaison. The licensee shall designate a security representative/liaison who can meet with the Chief of Police or designee regarding any security-related measures and/or operational issues. g. Delivery / Delivery Vehicle Requirements.
i. GPS Tracking of Vehicles. All delivery vehicles shall be equipped with a Global Position System, hereinafter referred to as “GPS” tracking devices.

Data from the GPS tracking system shall be retained for a period of thirty (30) days.

GPS data shall be made available to the Police Department upon request. ii. Product shall be stored during transport in secure safes. iii. No product shall be allowed to remain in vehicles without an employee present in the vehicle.
iv. Delivery vehicles shall be stored in approved secured and screened vehicle parking/ loading areas only.
v. No publicly accessible parking shall be allowed. Parking areas shall be limited to employee use only.
vi. All delivery vehicles shall be registered with the Police Department. vii. A direct communication system between the Medicinal Cannabis Delivery Service operator and each driver is required.
viii. In-Transit requirements.

A. Only owners, operators, or employees of the Medicinal Cannabis Delivery Service may be present in vehicles during deliveries.

B. No more than the maximum amount of Medicinal Cannabis permitted under state law in total value of product and cash may be transported at any one time in an individual vehicle during deliveries.

C. Delivery vehicles may only travel between fixed locations of the Medicinal Cannabis Delivery Service and the residential addresses specified by customers while transporting M edicinal Cannabis and/or Medicinal Cannabis products.

D. All delivery drivers shall carry valid identification and proof of employment at a licensed Medicinal Cannabis Delivery Service. 676

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E. All delivery drivers shall carry a copy of the Medicinal Cannabis Delivery Service regulatory permit, a copy of the delivery request, a form of government -issued identification, and all other information required by State law. The driver shall present these documents upon the request of law enforcement, the City Manager, or the City Manager's designee.

F. All drivers shall carry an inventory log of Medicinal Cannabis and Medicinal Cannabis products being transported.

G. Delivery drivers shall be trained in the process for verifying that Medicinal Cannabis and Medicinal Cannabis products are delivered to qualified patients and adult-use customers and that the delivery drivers are trained in the proper usage of Medicinal Cannabis.

H. Medicinal Cannabis and Medicinal Cannabis products may be transported by one Medicinal Cannabis Delivery Service’s physical address location to another Medicinal Cannabis Delivery Service’s physical address location if the State licenses for both locations are held by the same licensee.
iv. Vehicle Signage. Due to the potential for the targeted theft of high- value products as contained within a delivery vehicle, and in order to protect the public’s safety and welfare, there should be no vehicle signs or wraps identifying the business, or advertising products related to the business or industry -related products/services.
h. Owner, Operator, and Employee Requirements.
i. All owners, operators and employees must be (21) years of age or older.
ii. All owners, operators and employees are subject to a cr iminal background search.
iii. Convictions. No owner, operator, investor, partner, employee, or agent of a Medicinal Cannabis Delivery Service shall have been convicted of a felony or crime of moral turpitude nor has been found by any State or local jurisdiction to have committed a violation of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). The Chief of Police reserves the right, in his or her sole discretion, to waive this requirement in relation to violations of MAUCRSA, in the event that he or she determines that the violation of MAUCRSA was minor in nature and would not undermine the safe and effective operation of the proposed business in accordance with applicable laws. iv. Owner/Employee Rosters and Notice of Change. Prior to a change in ownership or employees, the Chief of Police shall be notified. New ownership and/or employees shall be subject to a background checks prior to commencement of employment, or prior to any change in ownership.
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i. Revocation. Any violation of this Section, any other provision of this Code or state laws relating to Cannabis may result in the suspension or revocation of the license issued pursuant to his Section.
j. Appeals. Any decision made pursuant to this Section may be appealed in accordance with Chapter 2.28 of this Code.

D. Public Nuisance. Any violation of this chapter is hereby declared to be a public nuisance and subject to abatement under the laws of this Municipal Code and the state of California.

E. Violations. Any violation of this chapter shall be punishable as provided in § 1.32.010 of this Municipal Code or any successor section thereto.

F. Conflicting Provisions. If any other provisions of the Municipal Code conflict with the provisions of this chapter as it relates to the regulation of land use related to cannabis, this chapter shall be controlling.

G. Severability. If any section, subsection, sentence or clause of this chapter is for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.” SECTION 4. REPEAL OF INTERIM URGENCY ORDINANCE NO. U-601-24 Interim Urgency Ordinance No. U-601-24, adopted January 16, 2024, is hereby repealed.

SECTION 5. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its adoption.

SECTION 6. SEVERABILITY.

If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable.

SECTION 7. NOTICE OF ADOPTION.

This Ordinance shall become effective on the thirty-first (31st) day after its passage and adoption, and within fifteen (15) days after its final passage and the City Clerk shall cause it to be posted and published in a newspaper of general circulation, printed, published and circulated in the City in the manner required by law and shall cause a copy of this Ordinance and its certification, to be entered in the Book of Ordinances of the City.

SECTION 8. CEQA EXEMPTION.

The “Project” has been evaluated pursuant to the California Environmental Quality Act (CEQA), and it has been determined that the amendments will have no significant adverse impacts on the environment as it is simply updating existing operating standards r elated to medical cannabis delivery consistent with State requirements and is similar in nature to other delivery services that occur throughout the City on a daily basis. Furthermore, the amendment is exempt for California Environmental Quality Act (CEQA) Chapter 3 of Title 14 of the California Code of Regulations beginning at Section 15000, specifically: Section 15060(c)(2), because the proposed Ordinance 678

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will not result in a direct or reasonably foreseeable indirect physical change in the environment; and Section 15061(b)(3), because the Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

SECTION 9. CEQA FILING.

The City Council hereby directs staff to prepare, execute, and file with the Riverside County Clerk and the State of California Office of Planning and Research. A notice of exemption within five (5) working days of the adoption of this Ordinance.

ADOPTED by the City Council, signed by the Mayor, and attested by the City Clerk this ____ day of _______, 2024.

_______________________________
Lori Stone, Mayor

ATTEST:

____________________________
Cristal McDonald, City Clerk

APPROVED AS TO FORM:

____________________________
Tiffany J. Israel, City Attorney

I, Cristal McDonald, City Clerk of the City of Murrieta, California, hereby certify under penalty of perjury that the foregoing Ordinance was duly and regularly introduced at a meeting of the City Council on the 20th day of February, 2024 and that thereafter the said ordinance was duly and regularly adopted at a regular meeting of the City Council on the ____ day of ________, 2024, by the following vote, to-wit:

AYES:
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NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Murrieta, California, this _____ day of __________, 2024. 680

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ATTACHMENT 5

ORDINANCE REDLINE

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MURRIETA, CALIFORNIA, AMENDING TITLE 16 OF THE MURRIETA DEVELOPMENT CODE TO REVISE SECTIONS 16.08.010, 16.10.010,

16.11.010, 16.12.010, 16.13.010, 16.14.010, AND 16.44.250 FOR THE

ESTABLISHMENT OF MEDICINAL CANNABIS DELIVERY LOCATION

AND OPERATIONAL STANDARDS AND MISCELLANEOUS UPDATES

TO EXISTING CANNABIS STANDARDS
WHEREAS, the City of Murrieta (“City”) currently regulates and prohibits marijuana, also known as cannabis, dispensaries and distribution facilities within the City under Section (s) 16.08.010, “Purpose”, 16.10.010 , “Purpose” , 16.11.010 , “Purpose” ,

16.12.010, “Purpose”, 16.13.010, “Purpose”, 16.14.010, and 16.44.250, “Marijuana and Hemp Use,” of Title 16, “Development Code,” of the Murrieta Development Code (“MDC”); 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 cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction; and
WHEREAS, the City desires to amend its existing regulations governing the sale and delivery of medicinal cannabis in order to bring the MDC into compliance with SB 1186.

WHEREAS, cannabis and medic inal cannabis delivery services present challenges and impacts to the healt h, safety, and welfare of City residents due to secondary impacts and effects associated with cannabis and related activities, including but not limited to, sales of cannabis to minors, drug sales, robbery, burglaries, assaults, and other violent crimes, f raud in obtaining or using medic inal cannabis identification cards, and increased demands on police and other valuable and scarce city administrative, financial, or personnel resources; and
WHEREAS, since 2014, federal law, as interpreted by United States v. McIntosh (9th Cir. 2016) 833 F.3d 1163, 1177, has prohibited federal prosecutors from spending funds to prosecute individuals who engage in conduct permitted by California’s medicinal 681

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cannabis laws who and are in full compliance with those laws; and WHEREAS, the Planning Commission has considered the potential for environmental effects as a result of the proposed Development Code Amendment pursuant to the California Environmental Quality Act (CEQA), and concurs with staff’s recommendation.

WHEREAS, the Planning Commission, after notice duly given as required by law, held a public hearing on January 10, 2024 at 6:00 p.m., in the City Hall council chamber to consider this proposed Ordinance No. ___-24, and heard all arguments for and against this proposal.

WHEREAS, the City Council, after notice duly given as required by law, held a public hearing on ___________ __, 2024 at 6:00 p.m., in the City Hall council chamber to consider this proposed Ordinance No. ___-24, and heard all arguments for and against this proposal.

WHEREAS, the City Council adopted Interim Urgency Ordinance No. U-600-23 on December 19, 2023 to establish a temporary 45-day moratorium on the acceptance or processing of applications, issuance of permits, and construction of all structures (with enumerated exceptions) on the establishment or expansion of medical marijuana dispensaries, facilities, and mobile medical marijuana dispensaries within the City.

WHEREAS, the City Council on January 16, 2024 adopted a temporary 45-day extension of the existing interim urgency ordinance under Interim Urgency Ordinance No.

U-601-24.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Murrieta does ordain as follows:

SECTION 1. RECITALS
The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. FINDINGS
Based upon the substantial evidence presented to the City Council on _________ __, 2024, including written and oral staff reports and public written and oral testimony, and in accordance with Murrieta Development Code Chapter 16.58, the City Council of the City of Murrieta approves the Development Code Amendment set forth herein in accordance with the following findings pursuant to Development Code Section 16.58.080:

Findings and Recommended Approval for Development Code Amendments:
a. The proposed amendment ensures and maintains internal consistency with all of the objectives, policies, genera l plan land uses, programs and actions of all elements of the general plan;

FACTS: The Development Code is the primary tool for implementing the 682

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General Plan, providing regulating standards, identification of permitted uses, and other regulations that support the proper implementation of the General Plan Land Use Element. This Development Code Amendment updates and amends Sections 16.08.010, 16.10.010, 16.11.010, 16.12.010,

16.13.010, 16.14.010, and 16.44.250 in order to implement regulations to permit, as required by state law, the delivery of medicinal cannabis products and the establishment of physical distribution hubs for t he delivery of medicinal cannabis within the City.

b. The proposed amendment would not be detrimental to the public convenience, health, safety or general welfare of the city;

FACTS: The General Plan will promote the health, safety , and welfare of the City through the listed goals and policies included within each element, the proposed project includes reasonable regulations to ensure that the public convenience, health, safety and general welfare are protected as a result of the state requirement that medicinal cannabis delivery locations be allowed in the City.

c. The proposed amendment is internally consistent with other applicable provisions of the development code.

FACTS: The proposed amendment has been integrated into the Code and aligns with the existing regulations which prohibit retail sales and the establishment of recreational marijuana dispensaries in the City. The proposed regulations provide an exception to such prohibitions solely for medicinal cannabis delivery locations as required by state law.

d. The proposed amendment is in compliance with the provision s of the California Environmental Quality Act (CEQA).

FACTS: The project has been evaluated pursuant to CEQA and it has been determined that the amendments will have no significant adverse impacts on the environment as it is simply updating existing operating standards related to medicinal marijuana delivery consistent with State requirements and is similar in nature to other delivery services that occur throughout the City on a daily basis. Furthermore, the amendment is exempt for California Environmental Quality Act (CEQA) Chapter 3 of Title 14 of the California Code of Regulations beginning at Section 15000, s pecifically: Section 15060(c)(2), because the proposed Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; and 683

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Section 15061(b)(3), because the Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

SECTION 3. MUNICIPAL CODE AMENDMENT
Section 16.08.010, Table 16.08-1, entitled “USE TABLE FOR RESIDENTIAL (SINGLE - FAMILY) ZONING DISTRICTS Permit Requirement by District is hereby amended to read as follows:
“
TABLE 16.08-1

USE TABLE

FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS
Permit Requirement by District
Symbol Applicable Process See
Chapter
P Permitted Land Use - Compliance
with development standards and
zoning clearance required

16.74 C Conditional Use - Conditional use
permit required

16.52 "Blank" Land use not permitted

Land Use (1) (2) RR ER-1 ER-2 ER-3 SF-1 SF-2 See
Standards
in Section
MarijuanaCannabis
Cultivation, Processing,
Delivery, and Dispensary
(Commercial)

Cannabis Testing Laboratory
Medical MarijuanaCannabis
Dispensary (Recreational
Retail Storefront)

Medical Marijuana
Dispensary, MobileMedicinal
Cannabis Delivery Service
(Mobile Activities for Patients
and Caregivers)
P

P P P P P 16.44.250
684

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Medicinal Cannabis Delivery
Service (Physical Delivery
Logistics Location)

“

Section 16.08.010, Table 16.08-2, entitled “USE TABLE FOR RESIDENTIAL (SINGLE - FAMILY) ZONING DISTRICTS Permit Requirement by District is hereby amended to read as follows:
“
TABLE 16.08-2

USE TABLE

FOR RESIDENTIAL (MULTI-FAMILY) ZONING DISTRICTS
Permit Requirement by District
Symbol Applicable Process See Chapter
P Permitted Land Use -
Compliance with development
standards and zoning
compliance required

16.74 C Conditional Use - Conditional
use permit required

16.52 MC Minor Conditional Use -
Conditional use permit
required

16.52 “Blank” Land use not allowed

Land Use (1) (2) MF-1 MF-2 MF-3 MF-4 See
Standards
in Section
MarijuanaCannabis Cultivation,
Delivery, Dispensary, and
Processing (Commercial)

Cannabis Testing Laboratory
Medical MarijuanaCannabis
Dispensary (Recreational Retail
Storefront)

Medical Marijuana Dispensary,
MobileMedicinal Cannabis
Delivery Service (Mobile Activities
for Patients and Caregivers)
P P P P 16.44.250
685

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Medicinal Cannabis Delivery
Service (Physical Delivery
Logistics Location)

“

Section 16.10.010, Table 16.10 -1, entitled “ USE TABLE FOR COMMERCIAL ZONING DISTRICTS” is hereby amended to read as follows:
“
TABLE 16.10-1

USE TABLE

FOR COMMERCIAL ZONING DISTRICTS
Symbol Applicable Process See Chapter
P Permitted Land Use -
Compliance with
development standards
and zoning clearance
required

16.74 C Conditional Use -
Conditional use permit
required

16.52 'Blank" Land use not permitted

Land Use(1) (2) NC CC RC See
Standards in
Section
MarijuanaCannabis Cultivation,
Delivery, Dispensary, and Processing
(Commercial)

Medical MarijuanaCannabis
Dispensary (Recreational Retail
Storefront)

Cannabis Testing Laboratory
Medical Marijuana Dispensary, Mobile
Medicinal Cannabis Delivery Service
(Mobile Activities for Patients and
Caregivers)
P P P 16.44.250
Medicinal Cannabis Delivery Service
(Physical Delivery Logistics Location)

“
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Section 16.11.010, Table 16.11 -1, entitled “ALLOWABLE USES AND PERMIT REQUIREMENTS FOR OFFICE DISTRICTS” is hereby amended to read as follows:
“
TABLE 16.11-1

ALLOWABLE USES AND PERMIT REQUIREMENTS FOR OFFICE DISTRICTS Symbol Applicable Process See Chapter
P Permitted Land Use -
Compliance with
development standards
and zoning clearance
required

16.74 C Conditional Use -
Conditional use permit
required

16.52 "Blank" Land use not allowed

Land Use(1) (2) (3) (4) (5) (6) O ORP See
Standards in
Section
MarijuanaCannabis Cultivation,
Delivery, Dispensary, and Processing
(Commercial)

Cannabis Testing Laboratory
Medical MarijuanaCannabis
Dispensary (Recreational Retail
Storefront)

Medical Marijuana Dispensary, Mobile
Medicinal Cannabis Delivery Service
(Mobile Activities for Patients and
Caregivers)
P P 16.44.250
Medicinal Cannabis Delivery Service
(Physical Delivery Logistics Location)

“

Section 16.12.010, Table 16.12 -1, entitled “USE TABLE FOR BUSINESS PARK AND INDUSTRIAL DISTRICTS” is hereby amended to read as follows:
“
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TABLE 16.12-1

USE TABLE FOR BUSINESS PARK AND INDUSTRIAL DISTRICTS
Key to Permit Requirements
Symbol Applicable Process See Chapter
P Permitted Use -
Compliance with
development standards
and zoning clearance
required(3)

16.74 C Conditional Use -
Conditional use permit
required

16.52 "Blank" Use not allowed

Land Use(1) (2) (3) (4) (5) (6) (7) (8) BP GI GI-A See
Standards in
Section
MarijuanaCannabis Cultivation,
Delivery, Dispensary, and Processing
(Commercial)

MarijuanaCannabis Testing
Laboratory
C C C 16.44.250
Medical MarijuanaCannabis
Dispensary (Recreational Retail
Storefront)

Medical Marijuana Dispensary, Mobile
Medicinal Cannabis Delivery Service
(Mobile Activities for Patients and
Caregivers)
P P P 16.44.250
Medicinal Cannabis Delivery Service
(Physical Delivery Logistics Location)
P(13) 16.44.250
(13) Refer to Section 16.44.250 for the required 500 foot separation from sensitive uses and from another Medicinal Cannabis Delivery Service location (Physical Delivery Logistics Location)
“

Section 16.13.010, Table 16.1 3-1, entitled “ ALLOWABLE USES AND PERMIT REQUIREMENTS FOR THE INNOVATION ZONING DISTRICT” is hereby amended to read as follows:
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“
TABLE 16.13-1

ALLOWABLE USES AND PERMIT REQUIREMENTS FOR THE INNOVATION

ZONING DISTRICT
Symbol Applicable Process See Chapter
P Permitted Land Use -
Compliance with
development standards and
zoning clearance required

16.74 C Conditional Use -
Conditional use permit
required

16.52 MC Minor Conditional Use -
Conditional use permit
required

16.52 "Blank" Land use not allowed
Land Use (1) (2) (3) (4) (5) (6) INN See
Standards in
Section
MarijuanaCannabis Cultivation,
Delivery, Dispensary, and Processing
(Commercial)

Cannabis Testing Laboratory
Medical MarijuanaCannabis
Dispensary (Recreational Retail
Storefront)

See Definition
Medical Marijuana Dispensary, Mobile
Medicinal Cannabis Delivery Service
(Mobile Activities for Patients and
Caregivers)
P See Definition

16.44.250
Medicinal Cannabis Delivery Service
(Physical Delivery Logistics Location)

Section 16.14.010, Table 16.14 -1, entitled “ USE TABLE FOR SPECIAL PURPOSE DISTRICTS” is hereby amended to read as follows:
“
TABLE 16.14-1

USE TABLE FOR SPECIAL PURPOSE DISTRICTS
Key to Permit Requirements
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Symbol Applicable Process See Chapter
P Permitted Use - Compliance
with development
standards and zoning
clearance required(3)

16.74 C Conditional Use -
Conditional use permit
required

16.52 "Blank" Use not allowed

Land Use(1) (2) P&R C&I OS See
Standards in
Section
MarijuanaCannabis Cultivation,
Delivery, Dispensary, and Processing
(Commercial)

Cannabis Testing Laboratory
Medical MarijuanaCannabis
Dispensary (Recreational Retail
Storefront)

Medical Marijuana Dispensary,
MobileMedicinal Cannabis Delivery
Service (Mobile Activities for Patients
and Caregivers)
P P P 16.44.250
Medicinal Cannabis Delivery Service
(Physical Delivery Logistics Location)

“
Section 16.44.250 is hereby retitled to “Cannabis and Hemp Use” and amended in its entirety to read as follows:
“16.44.250 Cannabis and Hemp Use.

A. Definitions. For purposes of this Chapter, the following definitions shall apply:

1. “Cannabis”, also known as "Marijuana", means any or all parts of the plant Cannabis Sativa Linnaeus, Cannabis Indica, Cannabis Ruderalis and any genetic or synthetic derivative thereof, whether growing or not; the seeds thereof; the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana or any marijuana derivative. The term "marijuana" shall also include "medical cannabis" as such phrase is used in the August 2008 Guidelines for the Security and Non -Diversion of Marijuana Grown for Medical Use, and "cannabis" as 690

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defined in the Business and Professions Code § 19300.5(f), as may be amended from time to time, that was issued by the office of the Attorney General for the state of California or subject to the provisions of the California Health and Safety Code § 11362. 5 (Compassionate Use Act) or California Health and Safety Code §§ 11362.7 to 11362.83 (Medical Marijuana Program Act). Notwithstanding the above, the definition of “cannabis” does not include "industrial hemp."

2. "Cannabis Cultivation" means growing, planting, harvesting, drying, curing, grading, trimming, or processing of marijuana.

3. "Cannabis Dispensary" or " Cannabis Dispensaries" means any business, office, store, facility, location, retail storefront or wholesale component of any establishment, coo perative or collective that delivers (as defined in Business and Professions Code §19300.5(m) or any successor statute thereto) whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells or provides cannabis for any reason to any person, group of persons, corporation, limited liability company, non-profit corporation or any other entity of any kind.

4. "Cannabis Processing" means any method used to prepare cannabis or its byproducts for commercial retail and/or wholesale use including, but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create cannabis related products and concentrates, production of foodstuffs containing cannabis and production of any pill, tablet, liquid, lozenge or other delivery system containing cannabis or any derivative thereof.

5. "Cannabis Testing Laboratory" means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that meets the following:
a. Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state; and b. Licensed by the Bureau of Cannabis Control within the Department of Consumer Affairs, formerly named the Bureau of Marijuana Control, the Bureau of Medical Cannabis Regulation, and the Bureau of Medical Marijuana Regulation; or
c. As otherwise defined under § 26001 of the California Business and Professions Code.

6. "Industrial Hemp" means a crop that is limited to types of the plant Cannabis Sativa L. having no more than three -tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compo und, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom, consistent with California Health and Safety Code § 11018.5.

7. "Medicinal cannabis" or " Medicinal Cannabis Product" means cannabis or a cannabis product, respectively, 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 691

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and Safety Code, by a medicinal cannabis patient in C alifornia who possesses a physician's recommendation, or in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.

8. “Medicinal Cannabis Delivery Service” means a physical business location in the City with no retail storefront and where the sole purpose and use of the facility is for the storage and logistics to support the delivery of Medicinal Cannabis.

B. Prohibited Activities. Cannabis cultivation, cannabis processing, cannabis delivery and cannabis dispensaries shall be prohibited activities within the city of Murrieta, except where the city is preempted by federal or state law from enacting a prohibition on such activity. No use permit, variance, building permit, business license, or any other entitlement, license or permit, whether administrative or discretionary shall be approved or issued for the activities of cannabis cultivation, cannabis processing, cannabis delivery, or the establish ment or operation of a cannabis dispensary in the City, and no person shall otherwise establish or conduct such activities in the City, except where the City is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought.

C. Limited Exceptions. Notwithstanding § 16.44.250.B, the following shall be permitted subject to limitations:

1. The retail sale of industrial hemp products, with the exception of foods and supplements for consumption. Cultivation and processing of Industrial Hemp shall be prohibited activities within the City. No cannabis products or graphics depicting cannabis products shall be visible from the exterior of any property selling industrial hemp, or on any of the vehicles owned or used as part of the retail sales.

2. Cannabis Testing Laboratory shall be allowed in the Business Park (BP), General Industrial (GI), and General Industrial -A (GIA) Zone Districts consistent with Table 16.12-1: Use Table for Business Park and Industrial Districts and subject to the Conditional Use Permit requirements specified in § 16.52 and the following miscellaneous operating requirements.
a. No cannabis products or graphics depicting cannabis products shall be visible from the exterior of any property issued a cannabis testing laboratories permit, or on any of the vehicles owned or used as part of the cannabis testing laboratories. No outdoor storage of cannabis or cannabis products is permitted at any time.
b. Cannabis shall not b e consumed or sampled by any testing lab employee, visitor, operator or vendor on the premises of any cannabis testing laboratories.
c. Odor control devices and techniques shall be incorporated in all cannabis testing laboratories to ensure that any odors from testing are no t detectable off -site. Cannabis testing laboratories shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the 692

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cannabis testing laboratories that is distinctive to its operation is not det ected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis testing laboratories.
d. Prior to co mmencing operations, a cannabis testing laboratories shall be subject to all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone.

This includes but is not limited to obtaining any required building permit(s), fire department approvals, Health Department approvals and other zoning and land use permit(s) and approvals.
e. Cannabis testing laboratories permits may be revoked for any violation of any law and/or any rule, regulation and/or standard adopted pursuant to this chapter or as a result of the loss of any other applicable state or local license. f. Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a cannabis testing laboratories to operate within the City, until the State of California, or its respective department or division, reinstates or reissues the State license. Should the State of California, or any of its departments or divisions, revoke or term inate the license of a cannabis testing laboratories, such revocation or termination shall also revoke or te rminate the ability of a cannabis testing laboratories to operate within the City.

3. Medicinal Cannabis Delivery Service
a. Medicinal Cannabis Delivery Service License Required. i. No person shall engage in or conduct any Medicinal Cannabis Delivery Service within the City without an approved Medicinal Cannabis Delivery Service license under this Section.
ii. A separate Medicinal Cannabis Delivery Service license shall be required for each physical address location within the City. iii. An applicatio n for a Medicinal Cannabis Delivery Service license shall be on forms provided by the Chief of Police or designee, which require all information, permits, licenses, criminal background check results, and other approvals necessary to verify compliance with this Section and all applicable laws. The Chief of Police or designee reserves the right to request and obtain additional information from any business owner and property owner submitting a medicinal cannabis delivery service license application to show compliance with relevant codes and regulations. iv. Applicants shall execute an agreement indemnifying the City from any claims, damages, injuries, or liabilities of any kind associated with the operation of the delivery-only medicinal cannabis business, issuance of 693

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a permit to a delivery-only medicinal cannabis business, or the prosecution of the delivery-only medicinal cannabis business or its owners, managers, directors, officers, employees, or its qualified patients or primary caregivers for violation of Federal or State laws
v. Insurance Requirements. Applicant shall provide and
maintain insurance in the amounts and of the types that are acceptable to the City Manager or designee.
iv. The business owner and the property owner, if different, shall each sign the Medicinal Cannabis Delivery Service license application form. v. A Medicinal Cannabis Delivery Service license issued pursuant to this Section shall expire 12 months after the date of its issuance.

Thereafter, a new or renewal license application must be submitted to continue the Medicinal Cannabis Delivery Service.
b. Application Requirements. A completed application, together with the application fee in an amount established by resolution of the City Council shall be submitted with all of the following:
i. Site and Floor Plan.

A. A site plan, drawn to scale and professionally prepared by a licensed civil engineer or architect, of the parcel of property on which the proposed cannabis business will be located. The site plan shall include the outline of all structures, driveways, parking and landscape areas, and boundaries of the parcel.

B. A floor plan, drawn to scale and professionally
prepared by a licensed civil engineer or architect, designating all interior dimensions of the premises, the proposed use of all spaces, identification of limited access areas, areas of ingress and egress, and all security camera locations.
ii. Lighting Plan. A lighting plan showing existing and proposed exterior and interior lighting levels that would be the minimum necessary to provide adequate security lighting for the use.
iii. Copies of the applicant’s current M-License from the California Department of Cannabis Control.
iv. Odor Control Management Plan. All applications shall submit an adequat e on -site odor control management plan such that all odors resulting from the storage or transport of cannabis and cannabis -related products cannot be readily detected from outside of the structure or vehicle in which the business operates.
v. Safety and Security Plan.
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vi. Sensitive Uses Information. The names and addresses of all libraries, schools, religious worship institutions, youth activity centers and day care centers and parks within 500 feet as measured from the property lines of a proposed facility. For business condominiums, this measurement would be taken from the outer boundaries of the common parcel where the structure is located and not from the building.
c. Background Check. All owners, operators, partners, investors, employees, and agents must submit to a background check. d. Operational Requirements.
i. All requirements of the state shall be met at all times, except where local requirements apply.
ii. All business operations must be conducted in conformance with the approved Medicinal Cannabis Delivery Service license and all approved plans included therewith.
iii. A City Business License shall be obtained prior to operation and maintained in good standing during the entirety of operations. iv. City Permits. A Medicinal Cann abis Delivery Service shall secure all necessary building permits and be required to comply with applicable building, fire, mechanical, and plumbing codes, and State and Federal disability access laws.
v. Dimensions. The cumulative size of all structures associated with a Medicinal Cannabis Delivery Service shall not exceed 3,000 square feet of gross building area.
vi. Visibility and Signs.

A. No cannabis or cannabis products may be visible from outside the Medicinal Cannabis Delivery Service’s fixed location or any delivery vehicles.

B. Signage shall be limited to one wall sign consisting of the property address only and meet the requirements of Murrieta Municipal Code Section 16.38120(J) – Wall Signs.

C. Signs shall contain no advertising of other companies, brands, goods, or services, or of this use.
vii. Hours of Operation. Medicinal Cannabis Delivery Services may only operate during hours authorized by their s tate license and the Department of Cannabis Control regulations.
viii. Food Products. Medicinal Cannabis Delivery Services shall comply with all state laws and regulations with respect to edible products. 695

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ix. Odor Control Requirements.

A. All Medicinal C annabis Delivery Services shall
incorporate and maintain adequate on -site odor control measures pursuant to an approved Odor Control Management Plan such that the odors as a result of storing or transport of cannabis and cannabis- related products cannot be readily detected from outside of the structure or vehicle in which the business operates.

B. The Plan shall incorporate the following elements:
filtration system(s) for air purification with a minimum efficiency reporting value (MERV -13) rating or greater , polarized filters with activated carbon inserts, carbon scrubbers, ozone generators, electrostatic air curtains, circulation fans, training measures for employees, and a maintenance log and schedule.
x. All business activities may only occur in a permitt ed, fully enclosed and secure structure.
xi. Delivery shall be only to qualified Medicinal Cannabis patients or their primary caregivers who possess a valid identification card as described in California Health and Safety Code Section 11362.7. xii. Inspected Products. Each Medicinal Cannabis Delivery Service shall deliver Medicinal Cannabis products only after those products have been inspected and quality tested by a qualified third -party testing facility as required by applicable State laws.
xiii. Labeling and Packaging. Prior to sale for a delivery, Medicinal Cannabis products shall be labeled and placed in tamper -evident packaging. Labels and packages of Medicinal Cannabis products shall, at minimum, meet the requirements specified under applicable State laws. xiv. Product Tracking System. Medicinal Cannabis Delivery Services must be compliant with and participating in the State mandated California Cannabis Track and Trace system.
xv. Recordkeeping Requirements. Medicinal Cannabis Delivery Services must comply with Department of Cannabis Control recordkeeping requirements.
xvi. Prohibited Activities.

A. On-Site Sales and Pick -Up Orders. Medicinal
Cannabis Delivery Services shall only conduct sales through delivery. On-site sales or order pick-ups are prohibited.

B. Cannabis Paraphernalia Sales. Medicinal Cannabis
Delivery Services s hall not sell , deliver or advertise for sale any 696

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products other than medicinal cannabis or medicinal cannabis products.

C. Sales or delivery to other cannabis businesses (other than to other delivery locations owned by the same entity) is prohibited.

D. A Medicinal Cannabis Delivery Service shall not grow, cultivate, manufacture, or process cannabis.

E. No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages or cannabis at or within 200 feet of the physical address location of a Medicinal Cannabis Delivery Service.

F. No loitering shall be permitted in within 50 feet of the exterior walls or within the parking area of any Med icinal Cannabis Delivery Service.
e. Permitted Locations.
i. A Medicinal Cannabis Delivery Service shall be a Permitted Use in the Business Park (BP) Zone.
ii. A Medicinal Cannabis Delivery Service (Physical Delivery Logistics Location) shall not be located within 500 feet of a sensitive uses. or any other medicinal cannabis delivery business location . Distance specified in this subsection shall be measured by the horizontal distance measured in a straight line from the property lines of where the delivery - only medicinal cannabis operator is to be located to the property line of the potential sensitive use. For business condominiums, this measurement would be taken from outer bounda ries of the common parcel where the structure is located and not from the building. Sensitive uses for purposes of this Section include:

A. Residential zones or private residences.

B. Public or private schools.

C. Daycare centers.

D. Churches.

E. Public parks.

F. Youth activity centers.

G. Any other medicinal cannabis delivery service
business
f. Screening, Safety, and Security Requirements.
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i. No public access is allowed within the premises.
ii. Outdoor vehicle storage shall be provided in a secured area with screening methods as provided under Section 16.44.130.A “Outdoor Storage Areas” of the Murrieta Development Code.
iii. Secured Site Access. All exterior vehicle parking areas shall be gated and secured. Any gate or barrier across a fire access roadway must meet the Murrieta Fire & Rescue requirements and have specific plans and permits approved prior to installation. A Kno x brand key -operated electric key switch keyed to Murrieta Fire & Rescue specification are required. The Knox switch shall override all gate functions and open the gate. Other access control systems, such as Opticom, are required and must be installed as directed by the Fire Marshal and Chief of Police. iv. Surveillance Systems. Security surveillance cameras and video recording systems shall be installed, and maintained in good condition, to monitor the entire interior (except bathrooms), main entrance, and exterior areas, including parking areas, of all Medicinal Cannabis Delivery Service physical locations to discourage loitering, crime, and illegal or nuisance activities. The areas to be covered by the security cameras include, but are not limited to, the storage areas, secured parking areas, delivery areas, all doors and windows, and any other areas as determined by the City Manager or the City Manager's designee. The cameras shall be in use 24 hours per day, seven days per week. The camera and recording system must be of adequate quality, color rendition, and a minimum of resolution at 8 megapixels per foot at the point of focus to allow for the identification of any individual present in the fixed locations of delivery-only medicinal cannabis operations. Any disruption in security camera images should be cured expeditiously.
v. Security Video Retention. Video from the security surveillance cameras shall be maintained for a period of not less than thirty (30) days and shall be made immediately available to City representatives upon request.
vi. City Surveillance System. A Medicinal Cannabis Delivery Service permitted under this Section may elect to purchase all necessary equipment to integrate their video surveillance system into any comprehensive video surveillance system currently in place or implemented by the City.
vii. Alarm System. A third -party and centrally monitored fire, robbery, and burglar alarm system shall be installed and maintained in good working condition at the premises.
viii. Right of I nspection. All vehicles and facilities permitted pursuant to this Section are subject to inspection by City personnel any time 698

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the Medicinal Cannabis Delivery Service is in operation. Prior notice of an inspection is not required.
ix. Secure Storage. The use of the facility shall be limited to the storage of medicinal cannabis and medicinal cannabis products solely within a secured, isolated interior environment. All medicinal cannabis and medicinal cannabis products shall be kept in a secured manner during business and non -business hours. Each Medicinal Cannabis Delivery Service shall have locked storage at the fixed location for after -hours storage of cannabis and cannabis products. Medicinal Cannabis shall be stored in secured rooms, with limited or keycard access, that are completely enclosed or in a safe that is bolted to the floor. Additional details for creating security storage design can be located within “Law Enforcement Evidence and Prope rty Management Guide”, Fourth Edition, 2022, produced by POST Management Counseling and Projects Bureau, California Commission On Peace Officer Standards And Training.
x. Panic Hardware. All entrances and exits of the Medicinal Cannabis Delivery Service shall remain locked at all times from outside entry, with entry strictly controlled. All exit doors leading from the facility shall be installed with listed and City approved panic hardware; shall open out, towards the direction of egress; shall be equipped with a listed and approved self -closing mechanism; and shall be equipped with a sealing gasket around the door.
xii. Disposal Requirements. No on-site disposal or composting of cannabis waste is allowed. Use of an authorized third-party waste hauler is required, whom shall be City approved, and approved under the Applicant’s Waste Management Plan by Department of Cannabis Control. xiii. Report of violations. Within 24-hours, the operator shall notify the Chief of Police of any actions taken by the Department of Cannabis Control to revoke, suspend, or deny an applicant’s ability to operate, including the issuance of a Notice to Comply, or issuance of a citation. xiv. Designated security liaison. The licensee shall designate a security representative/liaison who can meet with the Chief of Police or designee regarding any security -related measures and/or operational issues.
g. Delivery / Delivery Vehicle Requirements.
i. GPS Tracking of Vehicles. All delivery vehicles shall be equipped with a Global Position System, hereinafter referred to as “GPS” tracking devices. Data from the GPS tracking system shall be retained for a period of thirty (30) days. GPS data shall be made available to the Police Department upon request.
ii. Product shall be stored during transport in secure safes. 699

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iii. No product shall be allowed to remain in vehicles without an employee present in the vehicle.
iv. Delivery vehicles shall be stored in approved secured and screened vehicle parking/ loading areas only.
v. No publicly accessible parking shall be allowed. Parking areas shall be limited to employee use only.
vi. All delivery vehicles shall be registered with the Police Department.
vii. A direct communication system between the Medicinal Cannabis Delivery Service operator and each driver is required. viii. In-Transit requirements.

A. Only owners, operators, or employees of the Medicinal Cannabis Delivery Servic e may be present in vehicles during deliveries.

B. No more than the maximum amount of Medicinal
Cannabis permitted under state law in total value of product and cash may be transported at any one time in an individual vehicle during deliveries.

C. Delivery vehicles may only travel between fixed
locations of the Medicinal Cannabis Delivery Service and the residential addresses specified by customers while transporting Medicinal Cannabis and/or Medicinal Cannabis products.

D. All delivery drivers shall carr y valid identification and proof of employment at a licensed Medicinal Cannabis Delivery Service.

E. All delivery drivers shall carry a copy of the Medicinal Cannabis Delivery Service regulatory permit, a copy of the delivery request, a form of government -issued identification, and all other information required by State law. The driver shall present these documents upon the request of law enforcement, the City Manager, or the City Manager's designee.

F. All drivers shall carry an inventory log of Medicinal Cannabis and Medicinal Cannabis products being transported.

G. Delivery drivers shall be trained in the process for verifying that Medicinal Cannabis and Medicinal Cannabis products are delivered to qualified patients and adult -use customers and that the delivery drivers are trained in the proper usage of Medicinal Cannabis.
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H. Medicinal Cannabis and Medicinal Cannabis products
may be transported by one Medicinal Cannabis Delivery Service’s physical address location to another Medicinal Cannabis Delivery Service’s physical address location if the State licenses for both locations are held by the same licensee.
iv. Vehicle Signage. Due to the potential for the targeted theft of high-value products as contained within a delivery vehicle, and in order to protect the public’s safety and welfare, there should be no vehicle signs or wraps identifying the business, or advertising products related to the business or industry-related products/services.
h. Owner, Operator, and Employee Requirements.
i. All owners, operators and employees must be (21) years of age or older.
ii. All owners, operators and employees are subject to a criminal background search.
iii. Convictions. No owner, operator, investor, partner, employee, or agent of a Medicinal Cannabis Delivery Service shall have been convicted of a felony or crime of moral turpitude nor has been found by any State or local jurisdiction to have committed a violation of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). The Chief of Police reserves the right, in his or her sole discretion, to waive this requirement in relation to violations of MAUCRSA, in the event that he or she determines that the violation of MAUCRSA was minor in nature and would not undermine the safe and effective operation of the proposed business in accordance with applicable laws.
iv. Owner/Employee Rosters and Notice of Change. Prior to a change in ownership or employees, the Chief of Police shall be notified.

New ownership and/or employees shall be subject to a background checks prior to commencement of employment, or prior to any change in ownership.
i. Revocation. Any violation of this Section, any other provision of this Code or state laws relating to Cannabis may result in the suspension or revocation of the license issued pursuant to his Section.
j. Appeals. Any decision made pursuant to this Section may be appealed in accordance with Chapter 2.28 of this Code.

D. Public Nuisance. Any violation of this chapter is hereby declared to be a public nuisance and subject to abatement under the laws of this Municipal Code and the state of California.

E. Violations. Any violation of this chapter shall be punishable as provided in §

1.32.010 of this Municipal Code or any successor section thereto. 701

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F. Conflicting Provisions. If any other provisions of the Municipal Code conflict with the provisions of this chapter as it relates to the regulation of land use related to cannabis, this chapter shall be controlling.

G. Severability. If any section, subsection, sentence or clause of this chapter is for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.” SECTION 4. REPEAL OF INTERIM URGENCY ORDINANCE NO. U-601-24 Interim Urgency Ordinance No. U-601-24, adopted January 16, 2024, is hereby repealed.

SECTION 5. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its adoption.

SECTION 6. SEVERABILITY.

If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable.

SECTION 7. NOTICE OF ADOPTION.

This Ordinance shall become effective on the thirty -first (31st) day after its passage and adoption, and within fifteen (15) days after its final passage and the City Clerk shall cause it to be posted and published in a newspaper of general circulation, printed, published and circulated in the City in the manner required by law and shall cause a copy of this Ordinance and its certification, to be entered in the Book of Ordinances of the City.

SECTION 8. CEQA EXEMPTION.

The “Project” has been evaluated pursuant to the California Environmental Quality Act (CEQA), and it has been determined that the amendments will have no significant adverse impacts on the environment as it is simply updating existing operating standards related to medical cannabis delivery consistent with State requirements and is similar in nature to other delivery services that occur through out the City on a daily basis.

Furthermore, the amendment is exempt for California Environmental Quality Act (CEQA) Chapter 3 of Title 14 of the California Code of Regulations beginning at Section 15000, specifically: Section 15060(c)(2), because the propo sed Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; and Section 15061(b)(3), because the Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for c ausing a significant effect on the environment.

SECTION 9. CEQA FILING.

The City Council hereby directs staff to prepare, execute, and file with the Riverside County Clerk and the State of California Office of Planning and Research. A notice of exemption within five (5) working days of the adoption of this Ordinance. 702

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ADOPTED by the City Council, signed by the Mayor, and attested by the City Clerk this ____ day of _______, 2024.

_______________________________
Lori Stone, Mayor

ATTEST:

____________________________
Cristal McDonald, City Clerk

APPROVED AS TO FORM:

____________________________
Tiffany J. Israel, City Attorney

703

01375.0005/955033.1
I, Cristal McDonald, City Clerk of the City of Murrieta, California, hereby certify under penalty of perjury that the foregoing Ordinance was duly and regularly introduced at a meeting of the City Council on the 20th day of February, 2024 and that thereafter the said ordinance was duly and regularly adopted at a regular meeting of the City Council on the ____ day of ________, 2024, by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Murrieta, California, this _____ day of __________, 2024. 704
§¨¦15
§¨¦215

ADAMS AVE

JEFFERSON AVE

MADISON AVE
FIG ST

MONROE AVE

WASHINGTON AVE

JACKSON AVE

MURRIETA HOT SPRINGS RD
ELM ST

GUAVA ST
W
HITEW
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OD RD
ELM ST
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GUAVA ST
Business Park (BP) Zone Analysis and Sensitive Uses
South Murrieta Focus 12/06/2023
Attachment 1Vicinity Map
1,500 0 1,500750 Feet
E
Overview Map
G:\GISData\Departments\Planning\ArcMapDocs_22\Vicinity_Update.mxd Legend
BP Sensitive Parcels
Business Park
500 Foot Radius
705
Specific Plan 309 Specific Plan
21 WINCHESTER RD
Business Park (BP) Zone Analysis and Sensitive Uses
North Murrieta Focus 12/06/2023
Attachment 2Vicinity Map
1,000 0 1,000500 Feet
E
Overview Map
G:\GISData\Departments\Planning\ArcMapDocs_22\Vicinity_Update.mxd Legend
BP Sensitive Parcels
Business Park
500 Foot Radius
706
1 NOTICE OF EXEMPTION

To: Office of Planning and Research From (Public Agency): City of Murrieta P.O. Box 3044, Room 113
Sacramento, CA 95812-3044

Riverside County Clerk
4080 Lemon St.

Riverside, CA 92501
1 Town Square
Murrieta, CA 92562

Project Title: Cannabis and Medicinal Cannabis Delivery Uses (MCA-2023-00008) Project Location - Specific: Citywide
Project Location - City: City of Murrieta
Project Location - County: County of Riverside
Description of Nature, Purpose, and Beneficiaries of Project:

Nature: The “Project” is a request by the City of Murrieta to amend Sections 16.08.010, 16.10.010,

16.11.010, 16.12.010, 16.13.010, 16.14.010, and 16.44.250 of the Murrieta Development Code (“MDC”), under the Murrieta Municipal Code (“MMC”), to implement the provisions of Senate Bill 1186 “Medicinal Cannabis Patients’ Right of Access Act”, which requires the retail sale by delivery within local jurisdictions of medicinal marijuana to medicinal marijuana patients or their primary caregivers. The amendment will also provide for the locational criteria for the establishment of a Medicinal Cannabis Delivery Service distribution location within the Business Park (BP) Zone.

Purpose: Pursuant to State law, the City is permitted to provide reasonable standards to address security and public health and safety components for medicinal marijuana activities. The City is also updated existing Municipal Code terminology from “ Marijuana” to “Cannabis” consistent with evolving State terminology. Consistent with SB 1186, the proposed amendments will allow for the establishment of non -storefront retail medicinal cannabis delivery business locations subject to Zoning, security and p ublic health standards, licensing standards, and compliance with restrictions as imposed upon cannabis businesses by state law and/or by the California Department of Cannabis Control.

Beneficiaries: City of Murrieta
Name of Public Agency Approving Project: City of Murrieta Name of Person or Agency Carrying Out Project: City of Murrieta Exempt Status
(check one):

Pursuant to California Environmental Quality Act (CEQA) Statute and Guidelines Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 152269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));

Categorical Exemption. Type and Section: State CEQA Guidelines §15060(c)(2) “Preliminary Review”
State CEQA Guidelines §15061(b)(3) “Common Sense
Exemption”
Statutory Exemption. Code Number:

Reasons Why Project is Exempt: The “Project” has been evaluated pursuant to the California Environmental Quality Act (CEQA), and it has been determined that the amendments will have no significant adverse impacts on the environment as it is simply updating existing operating standards related to medi cal cannabis delivery consistent with State requirements and is similar in nature to other delivery services that occur throughout the City on a daily basis. Furthermore, the amendment is exempt for California Environmental Quality Act (CEQA) Chapter 3 of Title 14 of the California Code of Regulations beginning at Section 15000, specifically: Section 15060(c)(2), because the proposed Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; and Section 1506 1(b)(3), because the Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Lead Agency
Contact Person: Chris Tracy, AICP Senior Planner
Telephone
& Extension: (951) 461-6046
If Filed by Applicant:
707
2 1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature:

Title:

Senior Planner

Date:

Signed by Lead Agency Date received for filing at OPR: Signed by Applicant

708
Medicinal Cannabis Updates
Ordinance (MCA- 2023- 00008)
Item 11.

February 20, 2024
Chris Tracy, AICP Senior Planner
Planning Division
Received After Agenda Printed
2/20/2024 - Regular Meeting
Item 11 - Staff Presentation
709
 In 1996, voters approved Proposition 215,
e
stablishing the ability for doctors to prescribe
"medical cannabis" to patients and their
primary caregivers.
 In 2022, the state enacted Senate Bill 1186 (SB
1 186) based on the premise that there are
barriers to medicinal cannabis access for
patients in California.

How did we get here?
2 710
 Under SB 1186, cities throughout the State of
California are restricted from adopting or
enforcing any regulation that prohibits the sale
of medicinal cannabis to medicinal cannabis
patients or their primary caregivers.
 State law allows cities to adopt local standards
for permitting, location, and the operational
components of a medicinal cannabis delivery
service business.

Why are we proposing
these updates?
3 711
 The City’s current limitations on non-
medical cannabis businesses will
remain unaffected by the proposed
modifications. This includes the
prohibition of recreational cannabis
sales and retail storefronts for
recreational cannabis.
 For reference, we currently only
permit Marijuana Testing Facilities
within the Business Park (BP) Zone.

Existing Limitations
4 712
• The number of medicinal cannabis
businesses.
• Operating hours.
• Number or frequency of sales.
• Types or quantities of medicinal cannabis.
• Prevention for the establishment of a
physical premises.

What we can’t regulate
5 713
• Regulate Zoning requirements.
• Provide parameters for Security and
public health and safety requirements.
• Implement licensing requirements.
• Impose or collect applicable state or
local taxes.
• Provide regulations consistent with state
requirements and restrictions.

What can we regulate?
6 714
7 Implementation Timeline
• On December 19, 2023, the City Council adopted an Urgency Ordinance establishing a 45-day temporary moratorium. (Vote 5-0)
• On January 10, 2024, the Planning Commission recommended that the City Council adopt the proposed ordinance subject to some minor modifications and for things for staff to look into further. (Vote 5-0) • On January 16, 2024, the City Council approved a continuation of the Urgency Ordinance established for an additional 45-day days. (Vote 5- 0)
715
• Research further the utilization of firearms.
• Research further the state's definition of Medicinal Cannabis and our own definitions.
• Clarification within the ordinance that signs shall contain no advertising of other companies, brands, goods, or services, or of the use.
• Adding larger medical facilities as a sensitive use, such as Hospitals, Urgent Care Centers.

Planning Commission
Recommendation
8 716
Cont.
• Clarification that facilities shall be limited to the storage. • Clarification within the ordinance that no product shall be allowed to remain in vehicles without an employee present. • Clarification within the ordinance that vehicle signage is prohibited.

Planning Commission
Recommendation
9 717
Proposed Ordinance
- Overview
10 • Rescinding the existing temporary moratorium.
• Updates existing terminology under MDC Section 16.44.250 “Marijuana and Hemp Use”.
• Provides new Definitions (Consistent w/ State licensing terms). • Provisions for required Medicinal Cannabis Delivery Service License (License Required to Operate, Insurance, etc.). 718
Proposed Ordinance
- Overview
11 Cont.
• Application Requirements (site and floor plan, safety plan, odor control, etc.).
• Operational Requirements (3,000 SF limit on size, compliance w/ state laws, sign limitations, delivery driver standards, prohibited activities, etc.).
719
12 Zoning and Location Criteria
• Sensitive Receptors:

Residential zones
Public or private schools
Daycare centers
Churches
Public parks
Youth activity centers
Large Medical Facilities
Proposed Updates - Ordinance
720
13 Zoning and Location Criteria
13 721
14 14
Zoning and Location Criteria
722

1. Hold a Public Hearing; and

2. Find that the action is consistent with the California Environmental Quality Act (CEQA) Guidelines in accordance with Section §15060(c)(2) and Section §15061(b)(3); and Continue on next slide
Recommendation
15 723
Cont.

3. Introduce Ordinance No. 602-24 entitled: An Ordinance of the City Council of the City of Murrieta, California, Amending Title 16 of the Murrieta Development Code to Revise Sections

16.08.010, 16.10.010, 16.11.010, 16.12.010, 16.13.010,

16.14.010, and 16.44.250 for the Establishment of Medicinal Cannabis Delivery Location and Operational Standards and Miscellaneous Updates to Existing Cannabis Standards.

Recommendation
16 724
3232
725

CITY OF MURRIETA
City Council Meeting Agenda
Report
2/20/2024
Agenda Item No.

Subject:

Received After Agenda Printed - GBA
CITY OF MURRIETA Printed on 3/19/2024Page 1 of 1
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726

MURRIETA CITY COUNCIL
Governing Body Announcements:

Council Member Holliday
February 20, 2024
Received After Agenda Printed
2/20/2024 - Regular Meeting
Presentation (GBA)
727
Governing Body Announcements:

Council Member Holliday
[email protected]
February 7, 2024 Interviewed with our vender for the Master Trails Master Plan.

February 14, 2024 Represented Murrieta at the Temecula auxiliary lane groundbreaking along with my colleagues.

February 15, 2024 Shared the Murrieta City Minute at the Murrieta Chamber of Commerce networking breakfast with Mayor Stone.

February 15, 2024 Attended the first community outreach event for the Trails Master Plan. All residents are encouraged to take the survey located here: https://arcg.is/1ar1bS0 February 17, 2024 Observed a portion of the 7th annual K-9 Trials competition hosted by Murrieta Police Department.
728

MURRIETA CITY COUNCIL
Governing Body Announcements:

Mayor Pro Tem Warren
February 20, 2024
Received After Agenda Printed
2/20/2024 - Regular Meeting
Presentation (GBA)
729
Governing Body Announcements:

Mayor Pro Tem Warren
[email protected]
February 14, 2024 Attended the I-15 Temecula Auxiliary Lane Groundbreaking Ceremony. 730
Governing Body Announcements:

Mayor Pro Tem Warren
[email protected]
February 15, 2024 Attended the Murrieta Student of the Month Program. 731
Governing Body Announcements:

Mayor Pro Tem Warren
[email protected]
February 17, 2024 Attended the 7th Annual K-9 Trials at Murrieta Mesa High School. 732

CITY OF MURRIETA
City Council Meeting Agenda
Report
2/20/2024
Agenda Item No.

Subject:

Received After Agenda Printed - Martha Washington
CITY OF MURRIETA Printed on 3/19/2024Page 1 of 1
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733
Mayor Stone - Adjournment
February 20, 2024
"My hope is always in the future, for it is there
that dreams are realized.”
— Martha Washington
Received After Agenda Printed
02/20/2024 - Regular Meeting
Adjournment - Presentation
734
Mayor Stone - Adjournment
February 20, 2024
Martha Washington's quote, "My hope is always in the future, for it is there that dreams are realized," beautifully encapsulates her optimistic outlook on life. She asserts that by looking forward to the future, we unlock the potential for our dreams to become reality. Martha's words suggest a belief in the power of hope and the importance of holding onto aspirations. Rather than dwelling on past disappointments or setbacks, she encourages us to focus on what lies ahead. For Martha Washington, the future is a beacon of opportunity, where dreams can be nurtured, pursued, and ultimately achieved. This quote serves as a reminder of the significance of maintaining a positive mindset and believing in the possibilities that lie ahead.
735

AGREEMENT BETWEEN THE CITY OF MURRIETA
AND
BUREAU VERITAS NORTH AMERICA, INC.

This Agreement (“Agreement”), made this 20th day of June, 2023, by and between the CITY OF MURRIETA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California ("CITY"), and BUREAU VERITAS NORTH AMERICA, INC., a California Corporation ("CONSULTANT") with reference to the following facts, which are acknowledged by each party as true and correct:

RECITALS

A. CITY is a general law city, formed and existing pursuant to the provisions of the California Government Code.

B. CITY is authorized to enter into consultant agreements under the provisions of California Government Code section 53060.

C. CITY desires or is in need of Engineering Plancheck services.

D. CONSULTANT has special knowledge, experience and facilities for accomplishing the above design or engineering services.

E. CITY now desires to retain CONSULTANT to accomplish the above design or engineering services, and CONSULTANT is willing to be so retained pursuant to the terms and conditions of this Agreement.

AGREEMENT

NOW, THEREFORE, it is agreed by and between the parties as follows:

OPERATIVE PROVISIONS

1. RESPONSIBILITIES OF CONSULTANT

1.1 CONSULTANT shall undertake to carry on the scope of services as listed in the attached Scope of Services (refer to Exhibit “A”), which is attached to and made a part of this Agreement. To the extent the provisions of Exhibit “A” are ambiguous in relation to the provisions of this Agreement, inconsistent with the provisions of this Agreement, or expand upon the provisions of this Agreement, the provisions of this Agreement shall take precedence and the provisions of Exhibit “A” shall not apply. These duties may be adjusted from time to time as agreed upon in writing by CONSULTANT and CITY. Any additional services authorized by CITY shall be subject to all terms and conditions of this Agreement, except as modified in writing in accordance with Section 24.

1.2 CONSULTANT acknowledges that no level of work is guaranteed. Assignments will be determined on an as -needed basis for which purchase orders will be issued based on services required and CONSULTANT’s fee schedule (refer to Exhibit “B”), which is attached to and made a part of this Agreement.

DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 586736

1.3 Representations. CONSULTANT will perform the services set out in this Agreement, as contemplated herein, in an efficient, timely, and professional manner, and in accordance with generally accepted standards for performing similar services. It is understood that CITY, in entering into this Agreement, is relying on CONSULTANT’s representations for quality and professional work performed in a timely manner, and CONSULTANT shall perform in accordance with those representations and standards.

1.4 Monthly Written Reports. The Project Manager of CONSULTANT shall prepare and submit to the Assistant City Manager a monthly written report specifying the activities of CONSULTANT pursuant to this Agreement. CONSULTANT shall prepare the monthly written report in a format acceptable to the CITY. CONSULTANT shall submit the monthly written report to the CITY by the second Friday of each month.

2. ADMINISTRATION OF AGREEMENT

2.1 CITY appoints its City Manager, or his/her designee, to administer CITY’s rights under this Agreement, and to review the work performed by CONSULTANT pursuant to the scope of services.

2.2 CONSULTANT shall keep the City Manager, CITY’s representative, or his/her designee or designees, fully informed as to the progress of the work and shall submit to CITY such oral and written reports as CITY may specify.

2.3 This Agreement shall be administered on behalf of the parties hereto, and any notice desired or required to be sent to a party hereunder shall be addressed, as follows:

For CITY: Jeffrey J. Hitch, Principal Civil Engineer
Address: City of Murrieta
One Town Square
Murrieta, CA 92562
Phone: (951) 461-6065
Facsimile: (951) 461-6049

For CONSULTANT: Moe Heivand
Regional Manager / Project Manager
CONSULTANT: Bureau Veritas North America, Inc.

Address: 9988 Hibert Street, Suite 100
S an Diego, CA 92131
Phone: ( 858) 863-2013
Facsimile: N/A

3. TERM

3.1 The services called for under this Agreement shall be provided by CONSULTANT during the period commencing upon execution of this Agreement and shall continue through June 30, 2026. This Agreement may renew for up to three (3) additional one (1) year terms based on satisfactory performance of the services called for in the Agreement, at the discretion of the City Manager at least thirty (30) days written notice prior to the expiration of the initial term or any subsequent annual renewal.

DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 587737

3.2 Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.

4. PAYMENT TO CONSULTANT

4.1 Consideration. In consideration of the services to be performed by CONSULTANT for the CITY as set forth in Section 1, the CITY agrees to pay CONSULTANT for hours worked at the hourly rates specified in the CONSULTANT’S rate and fee schedule in Exhibit “B”. The specified hourly rates include direct salary costs, employee benefits, overhead, and fee.

The CITY also agrees to pay CONSULTANT for incurred direct costs other than salary costs, and other costs that are identified in Exhibit “A”. The total amount payable by the CITY shall not exceed the amount designated on individual purchase orders issued pursuant to this Agreement.

Each purchase order will require a scope of services, expected results, project deliverables, period of performance, and project schedule. CONSULTANT shall accept such sums as full compensation for the services listed on each individual purchase order. The rates on Exhibit “B” may be adjusted at the beginning of each fiscal year up to the amount of change in the Consumer Price Index, not to exceed five percent (5%).

4.2 Additional Services. If CITY desires any additional services (“Additional Services”), CONSULTANT may, upon written request by the CITY, furnish a proposal including an itemized statement of the estimated cost of the Additional Services thereof, and the CITY may modify or alter the proposal, or may reject the proposal in its entirety, at its sole discretion, or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the written approval of any Additional Services including costs by CONSULTANT and CITY, CONSULTANT shall perform the Additional Services and CITY will pay to CONSULTANT the cost of the Additional Services as agreed in writing. All money due for Additional Services shall be supported by a detailed statement of CONSULTANT showing the basis of said claims, and certified by proper officers of CONSULTANT.

4.3 Payments. CONSULTANT shall submit monthly invoices to the CITY for CONSULTANT’s services r endered, in accordance with the schedule of tasks and charges attached as Exhibit “B”, not to exceed the amount of the City issued purchase order. Payment of CONSULTANT’s fee shall be made in accordance with CITY’s normal schedule for issuance of checks. CONSULTANT agrees and acknowledges that it is CONSULTANT’s sole responsibility to report as income all compensation received from CITY, and to make the requisite tax filings and payments to the appropriate federal, state and local tax authorities.

5. STATUS OF CONSULTANT

5.1 Independent Contractor. It is understood and agreed that CITY is interested only in the results obtained from service hereunder and that CONSULTANT shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. CONSULTANT shall complete this Agreement according to its own methods of work which shall be in the exclusive charge and control of CONSULTANT and which shall not be subject to control or supervision by the CITY, except as to the results of the work. CONSULTANT is, for all purposes arising out of this Agreement, an independent contractor, and neither CONSULTANT, nor its employees, agents, or representatives shall be deemed an employee of the CITY for any purpose.

5.2 Employee Benefits. CONSULTANT shall be responsible for all salaries, payments, insurance and benefits for all of its officers, agents, representatives and employees in performing DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 588738
services pursuant to this Agreement. It is expressly understood and agreed that CONSULTANT and its employees, agents, and representatives shall in no event be entitled to any CITY benefits to which CITY employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation, worker's compensation, sick or injury leave, or other benefits.

5.3 Workers' Comp ensation Insurance. CONSULTANT agrees to procure and maintain in full force and effect Workers' Compensation Insurance covering its employees and agents while these persons are participating in the activities hereunder, as provided in Section

6.1.2 of this Agreement.

5.4 Prevailing Wages. Pursuant to provisions of section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office. CONSULTANT shall post a copy of such rates at their office and shall pay the adopted prevailing wage rates as a minimum. If applicable, CONSULTANT shall comply with the provisions of sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code and any other applicable laws.

Pursuant to the provisions of section 1775 of the Labor Code, CONSULTANT shall forfeit to CITY, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any sub -consultant under him, in violation of the provisions of this Agreement.

6. INSURANCE

CONSULTANT shall not begin the services under this Agreement until it has: (a) obtained, and upon the CITY's request, provided to the CITY, insurance certificates reflecting evidence of all insurance required in this Section 6; however, CITY reserves the right to request, and CONSULTANT shall submit, copies of any policy upon reasonable request by CITY; (b) obtained CITY approval of each company or companies as required by Section 6; and (c) confirmed that all policies contain the specific provisions required in Section 6.

6.1 Types of Insurance. At all times during the term of this Agreement, CONSULTANT shall maintain insurance coverage as follows:

6.1.1 Commercial General Liability. Commercial General Liability (CGL) Insurance written on an occurrence basis to protect CONSULTANT and CITY against liability or claims of liability which may arise out of this Agreement in the amount of One Million Dollars ($1,000,000) per occurrence and subject to an annual aggregate of One Million Dollars ($1,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability.

6.1.2 Workers' Compensation. For all of CONSULTANT’s employees who are subject to this Agreement and to the extent required by applicable state or federal law, CONSULTANT shall keep in full force and effect a Workers' Compensation policy. That policy shall provide employers' liability coverage as required by applicable state and/or federal Workers’ Compensation laws, and CONSULTANT shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 589739
officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers' Compensation Act is filed against CITY by a bona fide employee of CONSULTANT participating under this Agreement, CONSULTANT agrees to defend and indemnify the CITY from such claim.

6.1.3 Professional Liability. For all of CONSULTANT’s employees who are subject to this Agreement, CONSULTANT shall keep in full force and effect Professional Liability coverage for professional liability with a limit of One Million Dollars ($1,000,000) per claim and One Million Dollars ($1,000,000) annual aggregate. CONSULTANT shall ensure both that: (1) the policy retroactive date is on or before the date of commencement of services under this Agreement; and (2) the policy will be maintained in force for a period of four years after termination of this Agreement or substantial completion of services under this Agreement, whichever occurs last. CONSULTANT agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the CITY's exposure to loss.

6.1.4 Automobile Liability. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONSULTANT owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above.

If CONSULTANT or CONSULTANT’s employees will use personal autos in any way on this project, CONSULTANT shall obtain evidence of personal auto liability coverage for each such person.

6.2 Insurer Requirements. All insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that are rated “A-” and “V” or better by the A.M. Best Key Rating Guide, and are licensed to do business in the State of California. CITY will accept insurance provided by non-admitted “surplus lines” carriers only if the carrier is authorized to do business in the State of California.

6.3 Deductibles. All deductibles on any policy shall be the responsibility of CONSULTANT and shall be disclosed to CITY at the time the evidence of insurance is provided.

6.4 Specific Provisions Required. Each policy required under this Section 6 shall expressly provide, and an endorsement shall be submitted to CITY, that: (a) the policies are primary and non- contributory to any insurance that may be carried by CITY; and (b) CITY is entitled to thirty (30) days’ prior written notice (10 days for cancellation due to non- payment of premium) of cancellation, material reduction, or non-renewal of the policy or policies. Additionally, the CGL policy shall expressly provide, and an endorsement shall be submitted to CITY, that the City of Murrieta and its respective officers and employees are additional insureds under the policy.

6.5 Indemnity Not Limited by Insurance. CONSULTANT’s liabilities, including, but not limited to, CONSULTANT’s indemnity and defense obligations under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. Maintenance of specified insurance coverage is a material element of this Agreement, and CONSULTANT’s failure to maintain or renew coverage or to provide evidence of renewal during the term of this Agreement may be treated as a material breach of contract by CITY.

DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 590740

7. AUDIT AND INSPECTION OF RECORDS

At any time during CONSULTANT’s normal business hours and as often as CITY may deem necessary, and upon reasonable notice, CONSULTANT shall make available to CITY, or any of its duly authorized representatives, for examination, audit, excerpt, copying or transcribing, all data, records, investigation reports and all other materials respecting matters covered by this Agreement. CONSULTANT will permit CITY to audit and to make audits of all invoices, materials, payrolls, records of personnel and other data related to all matters covered by this Agreement.

All material referenced in this Section, including all pertinent cost accounting, financial records, and proprietary data, must be kept and maintained by CONSULTANT for a period of at least four (4) years, or for the period required by law, whichever is greater, after completion of CONSULTANT’s performance hereunder, unless CITY’s written permission is given to dispose of same prior to that time.

8. CONFIDENTIALITY AND USE OF INFORMATION

8.1 Except as otherwise provided by law, all reports, communications, documents and information obtained or prepared by CONSULTANT respecting matters covered by this Agreement shall not be published without prior written consent of City Manager or his designees, nor shall CONSULTANT issue any news releases or publish information relating to its services hereunder without the prior written consent of the City Manager. CONSULTANT shall hold in trust for the CITY, and shall not disclose to any person, any confidential information. Confidential information is information which is related to the CITY's research, development, trade secrets and business affairs, but does not include information which is generally known or easily ascertainable by nonparties through available public documentation.

8.2 CONSULTANT shall advise CITY of any and all materials used, or recommended for use, by CONSULTANT to achieve the project goals that are subject to any copyright restrictions or requirements. In the event CONSULTANT shall fail to so advise CITY and, as a result of the use of any programs or materials developed by CONSULTANT under this Agreement, CITY should be found in violation of any copyright restrictions or requirements, CONSULTANT agrees to indemnify and hold harmless CITY against any action or claim brought by the copyright holder.

8.3 Ownership of Records. All records created by the CONSULTANT shall become the property of the CITY and shall be subject to state law and CITY policies governing privacy and access to files. The CITY shall have access to and the right to examine all books, documents, papers and records of the CONSULTANT involving transactions and work related to this Agreement. The CONSULTANT shall retain all copies of records for a period of five (5) years from the date of final payment.

9. NOTICE

All notices or demands to be given under this Agreement by either party to the other shall be in writing and given either by: (a) personal service, (b) by U.S. Mail, mailed either by certified mail, return receipt requested, with postage prepaid and addressed to the party to whom the notice is directed, or (c) via facsimile transmission (with proof of confirmation by sender). Service shall be considered given when received if personally served or, if mailed, two days after deposit in the United States Mail by certified mail, return receipt requested. The address to which notices or demands may be given by either party may be changed by written notice given in accordance with the notice provisions of this section. At the date of this Agreement, the addresses of the DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 591741
parties are as set forth in Section 2 above.

10. TERMINATION FOR CAUSE

10.1 CITY may terminate this Agreement upon giving of written notice of intention to terminate for cause. Cause shall include: (a) a material violation of any of the covenants, agreements, or stipulations of this Agreement by CONSULTANT, (b) CONSULTANT, through any cause, failing to fulfill in a timely and proper manner its obligations under this Agreement, (c) any act by CONSULTANT exposing CITY to liability to others for personal injury or property damage, or (d) if CONSULTANT is adjudged bankrupt, CONSULTANT makes a general assignment for the benefit of creditors, or a receiver is appointed on account of CONSULTANT’s insolvency.

Written notice by CITY of termination for cause shall contain the reasons for such intention to terminate and shall specify the effective date thereof. Unless prior to the effective date of the termination for cause the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, this Agreement shall cease and terminate on the effective date specified in the written notice by CITY.

10.2 In the event of such termination, CONSULTANT shall be paid the reasonable value of satisfactory services rendered up to the date of receipt of the notice of termination in accordance with this Agreement, less any payments theretofore made, as determined by CITY, not to exceed the amount payable herein, and CONSULTANT expressly waives any and all claims for damages or compensation arising under this Agreement in the event of such termination, except as set forth herein.

11. TERMINATION FOR CONVENIENCE OF CITY

11.1 CITY may terminate this Agreement at any time and for any reason by giving written notice to CONSULTANT of such termination, and specifying the effective date thereof, at least fifteen (15) days prior to the effective date.

11.2 If the Agreement is terminated as provided in this Section, CONSULTANT shall be entitled to receive compensation for any satisfactory work completed up to the receipt by CONSULTANT of notice of termination, less any payments theretofore made and not to exceed the amount payable herein, and for satisfactory work completed between the receipt of notice of termination and the effective date of termination pursuant to a specific request by CITY for the performance of such work.

12. PERFORMANCE AFTER TERMINATION

Upon termination of this Agreement as provided herein, CONSULTANT shall, within such reasonable time period as may be directed by City Manager, complete those items of work, which are in various stages of completion, and, which City Manager determines are necessary to be completed by CONSULTANT to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by CONSULTANT shall be delivered to the City Manager, upon his request, as property of CITY.

13. DEFENSE AND INDEMNIFICATION

13.1 Indemnity for Professional Liability. Except for the sole negligence or willful misconduct of CITY, CONSULTANT shall, to the fullest extent permitted by law, hold harmless, DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 592742
protect, defend (with attorneys approved by CITY) and indemnify the CITY, its council and each member thereof, its officers, employees, representatives and their successors and assigns from and against all losses, liabilities, claims, suit, damage, expenses, cost, including reasonable attorney's fees and costs, and expert costs and investigation expenses, caused in whole or in part by the negligent, reckless or wrongful acts, errors or omissions of CONSULTANT in the performance of the professional services under this Agreement and those of CONSULTANT's sub-consultants or anyone for whom CONSULTANT is liable regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder.

13.2 I ndemnity for Other than Professional Liability . With respect to operations other than the performance of the professional services under this Agreement, CONSULTANT shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by CITY) and indemnify the CITY, its council, and each member thereof, its officers, agents, employees, representatives and their successors and assigns, from and against any and all losses, liabilities, claims, suit damage, expenses and costs including reasonable attorney's fees and costs, and expert costs and investigation expenses (“Claims”), which arise out of or are in any way connected to the performance of CONSULTANT, its officers, employees, representatives, subcontractors, or agents under this Agreement regardless of whether or not such claim, loss or liability is caused, in part by a party indemnified hereunder. CONSULTANT shall have no obligation, however, to defend or indemnify CITY if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of CITY.

13.3 General Indemnity Provisions. This indemnity is in addition to any other rights or remedies which CITY may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, CITY may, at its sole discretion, reserve, retain or apply any monies due to CONSULTANT under this Agreement for the purpose of resolving such claims; provided however, that CITY may release such funds if CONSULTANT provides CITY with reasonable assurances of protection of the CITY's interest.

The CITY shall, in its sole discretion determine whether such assurances are reasonable.

CONSULTANT agrees that its duty to defend the indemnities arises upon an allegation of liability based upon the performance of services under this Agreement by CONSULTANT, its officers, agents, representatives, employees, sub -consultants, or anyone for whom CONSULTANT is liable and that an adjudication of CONSULTANT's liability is not a condition precedent to CONSULTANT's duty to defend.

14. CONFLICT OF INTEREST

CONSULTANT shall be bound by the requirements of the FPPC (Fair Political Practice Commission) and state law with regard to disclosure of financial interests and prohibited conflicts of interest.

14.1 Prior to execution of this Agreement, CONSULTANT shall disclose in writing to CITY any and all compensation, actual or potential, which CONSULTANT may receive in any form from a party other than CITY as a result of performance of this Agreement by CONSULTANT.

If CONSULTANT becomes aware of the potential for such compensation subsequent to the execution of this Agreement, CONSULTANT shall disclose such compensation within three (3) working days of becoming aware of the potential for such compensation.

14.2 Prior to or concurrent with making any recommendation of any products or service DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 593743
for purchase by the CITY, CONSULTANT shall disclose any financial interest that CONSULTANT may have in any manufacturer or provider of the recommended products or services. The term “financial interest” includes, but is not limited to, employment (current or prospective) or ownership interest of any kind and degree.

14.3 CONSULTANT shall not conduct business for third parties which may be in conflict with CONSULTANT’s responsibilities under this Agreement. CONSULTANT may not solicit any business during the term of this Agreement which conflicts with its responsibilities under this Agreement. CONSULTANT shall provide no services for any private client within the corporate boundaries or sphere of influence of CITY during the period of this Agreement which may constitute a conflict of interest.

15. ASSIGNMENT

No portion of this Agreement or any of the work to be performed hereunder may be assigned or delegated (including hiring and retaining use of any other person or entity for any purpose, except for those certain subconsultants specifically included in the attached “Scope of Services”) by CONSULTANT without the express written consent of CITY, nor may any interest in this Agreement be transferred (whether by assignment or novation) by CONSULTANT without the express written consent of CITY, and without such consent all services hereunder are to be performed by CONSULTANT, its officers, agents and employees. However, claims for money due or to become due to CONSULTANT from CITY under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished promptly to CITY. Any assignment requiring approval may not be further assigned without CITY approval.

16. SURVIVAL

CONSULTANT’s representations, insurance and indemnity obligations, and performance obligations post-termination shall survive termination of this Agreement.

17. COMPLIANCE WITH APPLICABLE LAWS

CONSULTANT agrees to comply with all federal, state and local laws, rules, regulations and ordinances that are now or may in the future become applicable to CONSULTANT, CONSULTANT’s business, equipment and personnel engaged in activities covered by this Agreement or arising out of the performance of such activities.

18. PERMITS/LICENSES

CONSULTANT and all of CONSULTANT’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.

19. NONDISCRIMINATION IN EMPLOYMENT

CONSULTANT agrees that it will not engage in unlawful discrimination in employment and shall comply with all applicable laws and regulations of CITY and/or all other relevant government agencies, including, but not limited to, the California Department of Fair Employment and Housing and the Federal Equal Employment Opportunity Commission. Also, CONSULTANT certifies and agrees that all persons employed by CONSULTANT, its affiliates, subsidiaries and related DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 594744
entities, if any, will be treated equally by CONSULTANT, without unlawful discrimination based upon creed, sex, race, national origin, or any other classification prohibited by state or federal law.

If CITY finds that any of the provisions of this Section have been violated, such violation shall constitute a material breach of this Agreement, upon which CITY may determine to cancel, terminate, or suspend this Agreement. While CITY reserves the right to determine independently that the anti -discrimination provisions of the Agreement have been violated, in addition, a determination by the California Fair Employment Practices Commission or California Department of Fair Employment and Housing, or successor agency, or the Federal Equal Employment Opportunity Commission, or successor agency, that CONSULTANT has violated state or federal anti-discrimination laws relative to this Agreement shall constitute a finding by CITY that CONSULTANT has violated the anti-discrimination provisions of this Agreement.

20. NON-WAIVER

The failure of CITY or CONSULTANT to seek redress for violation of, or to insist upon, the strict performance of any term or condition of this Agreement shall not be deemed a waiver by that party of such term or condition, or prevent a subsequent similar act from again constituting a violation of such term or condition. Payment to CONSULTANT of compensation under this Agreement shall not be deemed to waive CITY’s rights or CONSULTANT’s rights contained in this Agreement.

21. SEVERABILITY

If any term, condition or provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, invalid, or void, the remaining provisions will nevertheless continue in full force and effect and shall not be affected, impaired or invalidated in any way.

22. DISPUTES

In the event that any action is brought by either party to construe this Agreement or enforce any of its terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred, whether or not the matter proceeds to judgment.

23. REMEDIES

The rights and remedies of the CITY provided in this Agreement are not intended to be exclusive, and are in addition to any other rights and remedies permitted by law.

24. ENTIRE AGREEMENT/AMENDMENT

This Agreement and any exhibits attached hereto constitute the entire agreement between the parties and supersede any prior or contemporaneous understanding or agreement with respect to the services contemplated, and may be amended only by a written amendment executed by both parties to the Agreement.

25. GOVERNING LAW/VENUE

The terms and conditions of this Agreement shall be governed by the laws of the State of California. Any action or proceeding brought by any party against any other party arising out of or related to this Agreement shall be brought exclusively in Riverside County.

DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 595745

26. BINDING AGREEMENT

This Agreement is intended to be binding on the parties and their respective successors and assigns.

27. NUMBER

The plural shall include the singular, and the singular shall include the plural and neuter wherever the context so indicates or requires.

28. WARRANTY OF AUTHORITY

Each of the parties signing this Agreement warrants to the other that it has the full authority of the entity on behalf of which its signature is made.

29. COUNTERPARTS

This Agreement may be executed in counterparts, all of which taken together will be considered one original document.

DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 596746
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF MURRIETA BUREAU VERITAS NORTH
AMERICA, INC.

_____________________________
Lisa DeForest, Mayor _____________________________
Name/title of signatory [please print]

_____________________________
Signature

ATTEST:
_____________________________
Name/title of signatory [if necessary]
_____________________________
Cristal McDonald, City Clerk
_____________________________
Signature

APPROVED AS TO FORM:

_____________________________
Tiffany Israel, City Attorney

NOTE: If this Agreement involves a corporate party, the corporation must be represented by two individuals as follows: (A) one from the corporation’s “Operational Group” (Chair of the Board, President or a Vice-President) and; (B) one from the corporation’s “Financial Group” (Secretary, Assistant S ecretary, Chief F inancial Officer or an Assistant T reasurer). See California Corporations Code section 313.

Craig Baptista, Vice President
DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 597747

EXHIBIT A

Scope of Services

SCOPE OF WORK FOR ENGINEERING PLAN CHECK SERVICES

1. CONSULTANT’S OBLIGATIONS
a. General
i. These procedures may be modified as deemed necessary when mutually agreed upon.
ii. Pick up submittal packages and deliver completed plan check packages to and from the City office on a schedule acceptable to the City Engineer.

Send corrections to and receive resubmittals from the applicant directly. (Initial submittals and fee payments by the applicant are made at the City office.)
b. In checking of IMPROVEMENT PLANS, Consultant shall perform the following work for each project.
i. Examine plans, tour the site in the field and become familiar with general concepts as proposed by the project applicant for access and drainage facilities.
ii. Determine if the plans are in conformance with applicable conditions of approval and any approved tentative map.
iii. Check hydrology and hydraulic calculations, and the design of any storm drain system.
iv. Review drainage report for analysis of drainage patterns (diversions, concentrations, increased flow), potential for damage to offsite property and proposed mitigation measures.
v. Determine requirements for any off-site easements and whether they have been obtained.
vi. Determine any encroachments on adjacent property and determine whether notarized permission letters have been obtained. vii. Check stopping sight distance, horizontal radius, and vertical curves on streets as applicable.
viii. Check traffic related plans including signing and striping, traffic signals, and traffic control plans, as applicable.
ix. Determine that the plans as submitted are in conformance with the Murrieta Municipal Code, the City of Murrieta Standard Plans and other DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 598748
applicable standards used by the City.
x. Determine that the improvement plans are in conformance with the approved grading plan and final map, if applicable to the project. A copy of the grading plan and final map will be furnished with the improvement plans.
xi. Determine that the plans comply with the City’s Improvement Plan Checklist.
xii. Review the quantities and cost estimate for reasonableness to determine fees and bond amounts.
xiii. Provide the City with a completed checklist and written certification that the plans are complete and accurate, and are in conformance with applicable City Codes, Standards, and written policies, that they are consistent with any grading plans, final map, and any other adjacent improvement documents furnished by the City.
xiv. Verify that all conditions for approval have been satisfied and permits may be issued for construction. This shall include, but is not limited to the following:

1. All communication with applicant/engineer.

2. Streetlights are shown on the improvement plans in accordance with City Standards.

3. Mylars are in accordance with City requirements. (Mylars are approved by the City Engineer.)

4. Prepare Improvement Agreements. Transmit the Agreements and security forms to applicant/engineer.

5. Calculate permit, inspection, and record retention fees.

6. All securities are processed per the City Secured Agreement Processing Manual.
c. In checking of GRADING PLANS Consultant shall perform the following:
i. Examine plans, become familiar with the general concept as proposed by the project applicant. View the site if associated with an improvement plan submittal, or if necessary, for adequate review.
ii. Determine if the plans are in conformance with applicable conditions of approval and any approved tentative map.
iii. Determine if the general format for the plan is in conformance with City of Murrieta requirements.
iv. Compare the grading plan with the recommendation in the soils report DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 599749
provided and check that the specifications and details in the soils report are included in the plans. If applicable, check with City’s Geotechnical Engineer for comments on applicant soils report and check for compliance with Geotechnical Engineer requirements.
v. Compare the grading plan with the grading shown on any approved tentative map or approved plot map.
vi. Compare the grading plan with the improvement plans for the project. vii. Compare the grading plan with the approved environmental information. viii. Determine that the plans comply with the City’s grading plan checklist. ix. Determine adequacy of horizontal and vertical site distance; cross check this with improvement plans.
x. Check hydrology and hydraulic calculations, and the design of the drainage system.
xi. Review drainage report for analysis of drainage patterns (diversions, concentrations, increased flow), potential for damage to offsite property and proposed mitigation measures. Check for adequate capacity of brow ditches and down drains.
xii. Check for non-erosive velocities at point of discharge or adequate energy dissipation. Check sumps for overflow escape.
xiii. Review erosion control measures and check for conformance with applicable codes, the City’s Grading Manual, the City’s Erosion Control Standard Plan and NPDES requirements.
xiv. Determine any encroachments on adjacent property and determine whether notarized permission letters have been obtained. xv. Provide the City with a completed checklist and a written certification that the plans are complete and technically correct, and are in conformance with applicable City Codes, Standards, and written policies, and that they are consistent with any improvement plans, final map, and other adjacent improvement documents furnished by the City.
xvi. Verify that all conditions for approval have been satisfied and permits may be issued for construction. This shall include, but is not limited to:

1. All communication with applicant/engineer.

2. Approval from project planner for conformance with conditions for approval.

3. Mylars are in accordance with City requirements. (Mylars are approved by City Engineer.)
DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 600750

4. Calculate inspection fees, other fees, and bond amounts.

5. Prepare Grading and Erosion Control, and Improvements Agreements.

6. Transmit the Agreement and security forms to applicant/engineer.

7. Agreements and securities are processed in accordance with the City Secured Agreement Processing Manual and Grading Manual.

8. Obtain a grading permit number from City staff and provide the number to the applicant.
d. In checking of FINAL & PARCEL MAPS, Consultant shall perform the following:
i. Determine that the map is in conformance with applicable conditions of approval and the approved tentative map.
ii. Check that the format is in compliance with the City of Murrieta Development Code requirements.
iii. Check Title Report and Subdivision Guarantee and verify that all easements are noted on the map, the legal description conforms with the map, and all parties required to sign the map have done so. iv. Check all easements to which the lots are subject, including use and reference if already of record.
v. Check legal descriptions and plats for any off-site easements; check ownership against title reports and prepare deed in conformance with City format as provided for in the fee schedule for easement dedications. vi. Determine compliance with City’s final map checklist. vii. Determine need for any other affidavits, certificates, acknowledgements, endorsements, and notary seals as required in addition to those shown on the checklist.
viii. Determine that map is in conformance with provisions of the Land Surveyor’s Act and the Subdivision Map Act.
ix. Provide the City with a completed checklist and a written certification that the map is complete and technically correct and is in conformance with applicable City Codes, Standards, and written policies; that is consistent with any other adjacent improvement documents furnished by the City. x. Verify that all conditions for approval have been satisfied and maps may be transmitted by the City Clerk to the County Recorder. This shall include, but is not limited to:

1. All communication with the applicant/engineer.

DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 601751

2. Notification to applicant/engineer that approval is required from (1) project planner, and, if applicable, (2) Parks Director for conditions related to CSA 143.

3. Verify notation of monuments to be set prior to recordation.

4. Calculate applicable fees (road and bridge benefit, area drainage, monument inspection and record retention) and notify
applicant/engineer.

5. Determine payment of, or prepare agreements for deferral of, road and bridge benefit and area drainage fees, and deferred monumentation.

6. All securities and agreements are processed in accordance with City Secured Agreement Processing Manual. Obtain City
Attorney’s signature on agreements.

7. City Surveyor signs map.
e. In checking of DEDICATIONS, EASEMENTS, VACATIONS, QUITCLAIMS, PARCEL MAP WAIVERS and PARCEL MERGES Consultant shall perform the following:
i. Determine that the result of this action will be in conformance with applicable standards, conditions of approval and approved tentative map, if any.
ii. For vacations, determine that the requirements of the City’s Vacation Procedure memorandum are met.
iii. Determine compliance with City’s Easement Dedication/Quitclaim. iv. Vacation Review Checklist.
v. Check that the format is in compliance with City requirements. vi. Check for agreement with title report.
vii. Check traverse calculations for acceptable closure. (Traverse calculations shall be the same precision as the description, i.e., “map check” format). viii. Check for agreement between the description, plat, and traverse calculations.
ix. Verify completeness of the plat, including that all courses, calls, and references in the text of the description are shown.
x. For dedications, prepare subordination agreement when the title report indicates any financial encumbrance on the property.
xi. Provide the City with a completed checklist and a written certification that DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 602752
the documents (description, plat, deed, other) are complete and technically correct and are in conformance with applicable City codes standards, and written policies.
xii. Verify that all conditions for approval have been satisfied and documents may be transmitted by the City Clerk to the County Recorder. This shall include, but is not limited to:

1. All communication with the applicant.

2. Approval from Parks Director for conditions related to CSA 143.

3. That the action conforms to the Circulation Element.

4. That a vacation is agreeable in concept by the City Engineer.

5. That a vacation reserves easement for any existing utilities under franchise agreements, confirmed by said utility owners. f. In checking of LOT LINE ADJUSTMENTS Consultant shall perform the following:
i. Determine that the Lot Line Adjustment is in conformance with any applicable underlying tentative map and conditions of approval. ii. Check the document package for conformance with the City’s “Filing Instructions for Lot Line Adjustments.”
iii. Check for agreement with title report.
iv. Check traverse calculations, if description is in metes and bounds format, for acceptable closure. (Traverse calculations shall be the same precision as the description, i.e., “map check” format).
v. Check for agreement between the description, plat and, if applicable, traverse calculations.
vi. Verify completeness of the plat, including that all courses, calls, and references in the text of the description are shown.
vii. Provide the City with a completed checklist and a written certification that the documents are complete and technically correct, are in conformance with applicable City codes, standards, and written policies, and are ready to be recorded.
viii. Provide the City with a copy of all communication with the applicant. g. In checking of WATER QUALITY MANAGEMENT PLANS consultant shall perform the following work for each project.
i. Examine preliminary and final water quality management plan (WQMP) for conformance with existing Federal and State regulations and requirements per City Policies and Project Conditions of Approval.

DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 603753
ii. Any further review as directed or as approved by City Engineer.

2. CITY OBLIGATIONS
a. Upon initial receipt of a request for plan check, the City shall perform a preliminary review of the submitted package to ensure that it is complete before forwarding it to the Consultant.
b. City shall provide the Consultant with the following documents:
i. A copy of the Murrieta Development Code, Murrieta Grading Ordinance, and other applicable City codes.
ii. A copy of “Department of Public Works Standard Drawings”. iii. A copy of any other written policies, standards, or criteria adopted or used by City.
c. In addition to prints of the plans to be checked, the City will or cause the applicant to furnish to the Consultant the following:
i. A print of the grading plan and proposed final map of the project, if applicable.
ii. A print of any adjacent improvements.
iii. A copy of the tentative map and tentative map conditions or any other discretionary approval applicable.
d. Nothing in this agreement shall be construed to obligate City to provide any work to the Consultant. City reserves the right, at its sole discretion, to send plans for checking to Consultant, to perform plan checks with its own forces, or to send plans for checking to another consulting firm.

3. PROGRESS AND COMPLETION
a. The Consultant shall pick-up plans for checking within two working days from the date of notification by the City to do so.
b. From the time of pick-up of plans from the City to delivery back to the City, the Consultant shall complete each check within the time specified below:
i. First Check: fifteen working days
ii. Recheck: five working days
c. These turn-around times may be extended due to size or complexity of the project. The Consultant shall notify the applicant and City of such extension upon receipt of the submittal or resubmittal.
d. Consultant shall process permit review items within two working days.

DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 604754
e. Consultant shall respond to all applicant phone calls within one working day

4. ELECTRONIC PLAN CHECKING
a. The City uses electronic plan checking utilizing Blue Beam software. Consultant shall provide plan checking services using Blue Beam when necessary. City reserves the right to provide plans and documents in hard copy form or electronically through a Blue Beam Session. Consultant shall maintain proficiency with Blue Beam software.

DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 605755

EXHIBIT B

Schedule of Rates and Charges

City agrees to compensate Consultant for services outlined in Exhibit A as follows:

Consultant shall complete the work outlined in Exhibit A in accordance with the fee schedule identified below and shall invoice City on a monthly basis based on the plan checking fee percentage or time and material hourly billing, as applicable.

PLAN CHECKING SERVICES
Consultant shall be compensated 75% of plan check fees charged by the City of Murrieta

*The plan checking services fee percentage excludes WQMP reviews, which are billed hourly per the rates below.

**Consultant shall subcontract with City’s current City Traffic Engineer for traffic related plan checking of signing and striping plans, traffic signal plans, and traffic control plans. These services are included in the 75% of plan check fees. Consultant shall be responsible for payment of traffic plan checking services.

DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 606756

BILLABLE RATES
18 BILLABLE RATES
BUREAU VERITAS 9988 Hibert Street, Suite 100, San Diego, CA 92131 P 858.863.2000 | www.bvna.com
PERCENTAGE OF FEES, BASED ON CITY’S COLLECTED FEES
75% of City Collected Plan Check Fees*

HOURLY RATES
Personnel Classifications Hourly Billing Rate*
Traffic Engineer $210.00
Senior Civil Engineer/Senior Surveyor $195.00
Civil Engineer $185.00
Plan Checker IV $165.00
Plan Checker III $155.00
Plan Checker II $145.00
Plan Checker I $135.00
Senior Survey Analyst $165.00
Word Processor/Administrative $95.00
Bureau Veritas’ pricing reflects our commitment to the success of the City of Murrieta by helping you maintain significant quality and cost saving benefits moving forward. These Include:
• Successful 32-year history working with the City of Murrieta • Highly qualified staff familiar with the City’s needs • Reduced plan review turnaround times
• Implementation of electronic plan review processes to help improve efficiency and control costs • Commitment to maintain a proposed rate structure for the life of the initial contract period • Confidence of working with a well-established consultant in operation for 195+ years ▪ Fast track / Expedited plan reviews shall be an additional 1.5 times the fees shown above. ▪ All employees classied as “non-exempt” by the U.S. Department of Labor will be compensated at 1-1/2 times the hourly rate for overtime hours per State and Federal wage and hour laws. No overtime will be charged without prior consent. ▪ Rates and cost estimates shown above exclude per diem, prevailing wage and union rates. Should these be applicable, BV will discuss and negotiate fees to account for increased personnel costs. ▪ Mileage for employee-owned vehicles used in connection with the work will be at the current IRS rate. ▪ Hourly fees are subject to an annual adjustment in accordance with the CPI from Engineering News Record (ENR) with the City’s prior approval.
▪ Plan review fees to be invoiced after initial review. Hourly services will be invoiced monthly. *Additional services billed at hourly rates. Percentage of fees excludes WQMP reviews, which will be billed at the hourly rates.

DocuSign Envelope ID: 1E8BADF5-A92E-4AEC-989E-A240B146D248 607757