Murrieta City Council
August 20, 2024

FIRST AMENDMENT AND RESTATEMENT OF DISPATCH SERVICES AGREEMENT

BETWEEN THE CITY OF MURRIETA AND THE CITY OF MENIFEE
This First Amendment and Restatement of Dispatch Service Agreement (hereinafter "Agreement") is made and entered into by and between the CITY OF MURRIETA, a municipal corporation (hereinafter "Murrieta"), and the CITY OF MENIFEE, a municipal corporation (hereinafter "Menifee"). Murrieta and Menifee may be individually referred to as a "Party" and collectively referred to as the "Parties".

RECITALS
A. On July 1, 2019, Murrieta entered into a “Dispatch Services Agreement” (“Original Agreement”) with Menifee to provide dispatching services for the Menifee Police Department.

B. Pursuant to Section 6 of the Original Agreement, the parties have met and conferred regarding proposed modifications and changes to the Original Agreement.

C. This Agreement amends and restates the Original Agreement in full.

D. Menifee has formed a police department to enhance the public health, safety, and welfare of its residents.

E. Murrieta has recently updated its facilities and technology related to dispatch services for its public safety services, including its police department.

F. Menifee desires to have Murrieta provide dispatching services for Menifee's police department, and Murrieta is willing to perform such services to increase efficiencies and provide better services to the respective police departments and communities.

G. Due to the increased call volumes resulting from providing dispatch services for Menifee, twelve (12) dispatcher positions will be added to the Murrieta dispatch center in the first year of implementation.

Staffing level for subsequent years will be agreed upon by Murrieta and Menifee Chiefs of Police.

Menifee acknowledges that Murrieta is hiring the new dispatchers specifically to account for the increase in call volume that will occur with providing the dispatch services called for by this Agreement and that Murrieta would not otherwise be hiring such dispatchers.

H. Similarly, Murrieta providing dispatch services to Menifee will require hardware and software upgrades of the existing CentralSquare CAD and RMS system, including licensed ancillary modules, to the multiagency versions of the software. Menifee shall pay for such upgrades and all implementation costs related to the software system upgrade, including hardware, to enable the software for Murrieta staff to provide police dispatching services to both Parties.
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I. Murrieta providing dispatch services for Menifee will enhance deployment and communication during critical incidents for both cities, and updated compatible technology will improve the interoperability of the adjacent cities.

J. A single dispatch center will also result in cost savings and increased efficiencies for both cities.

K. The expansion of Murrieta's dispatch capabilities to accommodate Menifee's dispatch needs will cause Murrieta to incur substantial start-up and ongoing costs on Menifee's behalf, including dispatcher recruitment costs; supervisory, administrative, and technical support as well as technology hardware and software costs.

L. The Parties agree and acknowledge that this Agreement is guided by the following three core principles:
(i) Dispatch services can be provided more effectively and efficiently to both Menifee and Murrieta through the operation of a single dispatch center serving both communities; (ii) the type and quality of services to be received by Menifee under this Agreement shall be equivalent to those provided to Murrieta, and (iii) the compensation provisions in this Agreement are based on a total cost recovery model, with the intent that Menifee pay to Murrieta the full cost (nothing more and nothing less) of the services that it provides to Menifee hereunder, i.e., Menifee shall reimburse Murrieta for Menifee's prorata share as described in Exhibit B of this agreement.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. RECITALS. The foregoing recitals are true and correct and accurately reflect the intent and understanding of the Parties and are incorporated herein as if set forth in full.

2. DEFINITIONS. The following defined terms shall have the following meanings:
a. "Annual Technology Maintenance Costs" means the cost paid by Murrieta on a yearly basis to license, operate, maintain, and upgrade the computer software used to provide dispatching services; the cost paid by Murrieta for radio, voice, and data communications lines, circuits, and equipment between the two agencies; and the cost paid by Murrieta for mapping and GIS services. The Annual Technology Maintenance Costs shall be adjusted on an annual basis to reflect the actual costs incurred by Murrieta for those services. b. "CAD" means computer-aided dispatch.
c. "Call For Service" means all incoming phone calls, all on view events in CAD that generate an incident number, and all on view events in CAD that do not generate an incident number. Call For Service includes received calls, dispatched calls, and officer-initiated calls. d. "Data Conversion Costs" means the costs incurred by Murrieta in converting data or information into a format and onto devices suitable for transfer to Menifee, which conversion 559

and transfer shall occur upon the expiration or earlier termination of this Agreement. All costs for data conversion associated with Menifee's data shall be Menifee's responsibility. e. "Dispatch Services" means the services described in Exhibit A, which Murrieta shall provide to Menifee in accordance with the terms and conditions contained in this Agreement. Such services are intended to result in Murrieta's provision of services to Menifee that are equivalent in type and quality to the services that Murrieta currently provides to its public safety departments. f. "Costs for Service" means the ongoing cost of providing Dispatch Services to Menifee, as calculated pursuant to Exhibit B.
g. "Effective Date" means July 1, 2019.
h. "Extra Work" means work in addition to the Dispatch Services that the Parties determine to be necessary for the proper execution of the Dispatch Services, and which Menifee has requested in writing that Murrieta perform.
i. "Force Majeure" means the following acts of God: strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind by the government of the United States or of the State of California or any of their departments, agencies or officials, or any civil or military authority; insurrections, riots, landslides, earthquakes, fires, storms, droughts, floods, explosions, breakage or accident to machinery, transmission pipes or canals; pandemic or epidemic; or any other cause or event not reasonably within the control of the Party obliged to perform under this Agreement.
j. "Go Live Date" means July 1, 2020.
k. "Menifee Calls For Service" means the Calls For Service that originate within the jurisdictional limits of Menifee or a mutual aid call to which Menifee responds. l. "RMS" means records management system.
m. "Start-Up Costs" means the costs incurred after the Effective Date in connection with the expansion of Murrieta's dispatch capabilities in order to provide Dispatch Services to Menifee.

Start-Up Costs include, but are not limited to, costs related to the recruitment, hiring, and training of necessary dispatch and related personnel; infrastructure improvements to the existing Murrieta dispatch center; acquisition of equipment and software; and costs for services provided by existing Murrieta personnel to implement and facilitate this Agreement. Startup Costs will also include costs for dispatch-related equipment to be used by Menifee including, but not limited to, mobile data browsers/mobile data communicators and all related licenses and appurtenances. Without limiting the foregoing, Start Up Costs shall include the full cost of Murrieta's purchase and implementation (including hardware) of an upgrade to the existing 560

CentralSquare CAD and RMS, including licensed ancillary modules, to the multi-agency versions of the software, as necessary to enable the software and Murrieta staff to provide police dispatching services to both Parties. A forecast of anticipated Start- Up Costs is provided in Exhibit C.
n. "Start-Up Period" means the period from the Effective Date to the Go Live Date. o. "Start-Up Services" means Murrieta's implementation of such infrastructure and technology upgrades and improvements, equipment purchases, employee recruitments and hirings, other personnel decisions, and training of Murrieta and Menifee personnel as necessary to provide the Dispatch Services to Menifee by the Go Live Date.
p. "Technology Costs" means the amount Menifee pays to Murrieta for the technology used to run the software and hardware used to provide dispatching services, including both (i) contributions to capital costs for the dispatch software, technology, and systems already in place, and (ii) the Annual Technology Maintenance Costs. The Technology Costs are based on Menifee's proportionate use of the dispatch center and is subject to annual adjustment by Murrieta. A description of the method for calculating Menifee's share of the Technology Costs is provided in Exhibit B.

3. TERM. This Agreement shall commence on the Effective Date and shall expire ten (10) years from the Go Live Date, which the Parties intend to be July 1, 2030 (the "Termination Date"), unless it is terminated earlier in accordance with Section 8, below.

4. SERVICES. Murrieta shall provide the following services to Menifee. a. Start Up Services. During the Start-Up Period Murrieta shall provide the Start-Up Services to or for the benefit of Menifee. Such services include the hiring of additional dispatch staff. New hires will be employees of Murrieta and subject to Murrieta's rules and regulations, which include training and probationary periods.
i. The Parties agree that on or prior to May 1, 2023, the Start Up Services were fully performed and this Paragraph 4(a) has no further force or effect. b. Dispatch Services. From the Go Live Date through the expiration or earlier termination of this Agreement, Murrieta shall provide the Dispatch Services to Menifee. Priority of Dispatch Services shall be allocated equally between the Parties and according to Murrieta's standard operating procedures and this Agreement.
i. Notwithstanding the foregoing, the Parties acknowledge and understand that the scope of Dispatch Services that Murrieta can provide on the Go Live Date depends on a high level of cooperation between the Parties and may be influenced by whether Menifee timely 561

provides complete and accurate information to Murrieta including, but not limited, GIS data. The Parties agree to work together in good faith to meet the Go Live Date; however, should the Dispatch Services not be fully ready for implementation on the Go Live Date despite the Parties' best efforts, said failure shall not be a default of this Agreement and Murrieta shall provide Dispatch Services to the extent possible in recognition of the public health and safety concerns associated with the provision of such services.

1. The Parties agree that as of May 1, 2023, the Go Live Date has passed, and as a result, this Paragraph 4(b)(i) has no further force or effect. c. Extra Work. At any time during the term of this Agreement, Menifee may request that Murrieta perform Extra Work. Murrieta will not perform, nor be compensated for, Extra Work without written authorization from Menifee.

5. COMPENSATION. Menifee shall provide the following compensation to Murrieta. a. Start-Up Costs.
i. Payment Obligation: Menifee shall pay Murrieta for the Start-Up Costs in accordance with the invoicing procedure set forth in Section 5(d). ii. Estimated Amount: The Parties currently estimate that the Start-Up Costs will be as set forth in Exhibit C. At such time as the total invoices for Start-Up Costs exceed eighty percent (80%) of the estimated Start-Up Costs as set forth in Exhibit C, the Parties shall meet and confer to revise the estimated Start-Up Costs as necessary. Notwithstanding, Menifee acknowledges that the amounts set forth in Exhibit C are estimates only and that it is responsible for all Start-Up Costs incurred by Murrieta. iii. The Parties agree that as of May 1, 2023, the Start-Up Costs have been fully paid, and as a result, this Paragraph 5(a) has no further force or effect. b. Costs for Service:
i. Payment Obligation: Menifee shall pay Murrieta the Costs for Service in the amount and subject to the adjustments specified in Exhibit B. The Parties acknowledge that the Costs for Service include ongoing personnel costs (dispatchers and non-dispatcher support and supervisory personnel) and Technology Costs incurred by Murrieta as necessary to provide the Dispatch Service to Menifee. The Parties further acknowledge that some of the Costs for Service will commence and may be invoiced prior to the Go Live Date. ii. Estimated Amount: The Parties currently estimate that annual Costs for Service will be as set forth in Exhibit B. At either Party's request, with at least fourteen (14) days prior notice, the Parties shall meet and confer to discuss any current or forecasted changes in 562

the Costs for Service. Notwithstanding, Menifee acknowledges that the amounts set forth in Exhibit B are estimates only and that it is responsible for all Costs for Service incurred by Murrieta.
iii. Fully Burdened Hourly Rate (“FBHR”) Calculation: The FBHR are rates that cities use to estimate full cost of employee’s time. If a city were to use a simple hourly rate to charge for services associated with an employee, the reimbursement would not cover any of the other expenses associated with the services rendered. The FBHR calculation includes salary, benefits, and other costs reasonably attributable to the employee. The cost elements that are included in the FBHR calculation are as follows:
 Salary and Benefits;
 Operating Cost applicable to the dispatch center; and  Indirect overhead costs calculated through the Cost Allocation Plan (“CAP”).

These combined amounts reflect the actual cost associated with an hour of each employee’s time. The term "indirect overhead costs," as used herein, applies to costs originating in those departments that provide support and services internally to operating departments that conduct the day-to-day operations necessary to serve the community. In order to determine the indirect overhead cost, Murrieta will engage a subject-matter expert consultant to prepare the CAP. An important factor in determining the FBHR is in the calculation of productive hours for personnel. For the purpose of this agreement, the productive hours are two thousand and eighty hours (2,080). Murrieta is to engage a subject-matter expert consultant to complete the FBHR by March of each year. iv. Activity-Based Cost Allocation Methodology: An equitable methodology to allocate cost of dispatch services is based on the following criteria: All Inbound and Outbound phone calls to include 9-1-1 calls, ten-digit emergency line and non-emergency lines (inclusive of calls for Murrieta Police Department, Murrieta Fire Department, and Menifee Police Department). Additionally, all CAD entries, including self-initiated, dispatched, and not dispatched calls for service, will be included. This methodology allows for an equitable share of cost based on actual activity being performed by the dispatch center. The number of calls and location information is recorded and available in the CAD system. The percentage allocation will be based on a calendar year basis from January 1st through December 31st and such report will be completed by March of each year. c. Extra Work: Menifee will compensate Murrieta for Extra Work at rates or charges agreed to in writing by the Parties.
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d. Invoicing Procedure: Murrieta shall submit invoices to Menifee on a quarterly basis. The invoices shall be based on actual costs incurred by Murrieta to ensure full cost recovery. The invoices shall identify whether the charges included are for Start-Up Costs or Costs for Service and shall include sufficient back-up documentation to demonstrate that the costs are appropriately categorized as either Start-Up Costs or Costs for Service. Menifee shall pay the quarterly invoices within thirty (30) calendar days of receipt of the invoice. After thirty (30) calendar days, payment shall be considered late and a default subject to termination for cause under Section 8 of this Agreement.

6. ON-GOING COORDINATION. The Police Chief of the City of Murrieta and the Police Chief of the City of Menifee are the designated and authorized representatives of Murrieta and Menifee respectively, for purposes of administration of this Agreement. The Police Chiefs, or their designees, shall meet quarterly or as needed to discuss issues pertaining to: (i) budget; (ii) operational issues, including changes to service delivery and appropriate staffing levels;(iii) technical issues related to information technology and system components; and (iv) dispatch operational issues related to field unit reporting and system status management.

7. ADDITIONAL USERS OF THE DISPATCH CENTER. The Parties acknowledge and agree that Murrieta may provide dispatch services to other agencies, including currently providing dispatch services for the Murrieta Fire Department, without the consent of Menifee. If Murrieta provides dispatch services to another agency other than the Murrieta Fire Department, the Technology Fee and the Dispatch Services Costs shall be reduced by the decrease in percentage based on the Menifee Calls for Service to the total Calls For Service dispatched by Murrieta. Murrieta will require any other agency that wants dispatch services to pay a "Buy-In Fee" and pay their proportionate share of fees and costs as reasonably determined by Murrieta. Without limiting the foregoing, the additional agency be memorialized in an amendment of this agreement that adds the new agency as an additional party and describes the corresponding modifications to the Parties respective of rights and obligations.

8. TERMINATION.
a. Termination Without Cause. Neither Party may terminate this Agreement without cause prior to July 1, 2025. From and after January 1, 2024, either Party may elect to terminate this Agreement by providing written Notice of Intent to Terminate to the other Party. Any termination effectuated by this Section 8(a) shall take effect eighteen (18) months following delivery of the Notice of Intent to Terminate.
b. Termination for Cause. The Parties agree that there is a public health and safety obligation to use every effort to ensure uninterrupted and continuous delivery of Dispatch Services to Menifee 564

even in the event of a material breach, and even if Murrieta disagrees with the alleged determination of material breach. Consistent with the foregoing, this Agreement may not be terminated for cause unless and until the dispute resolution procedures set forth in Section 9 have been followed to completion.
c. Ownership of Data and Equipment on Termination. Upon the expiration or termination (with or without cause) of this Agreement, all equipment then present in Menifee Police Department vehicles and/or on Menifee property shall become the property of Menifee, and all equipment then present in the Murrieta dispatch center and/or otherwise on Murrieta property shall remain the property of Murrieta. All data and information (“Records”) relating to Menifee and/or dispatch operations for the benefit of Menifee shall be conveyed by Murrieta to Menifee in a format suitable for use by Menifee. Menifee shall pay for all Data Conversion Costs, and Murrieta shall otherwise cooperate with Menifee in its transition to a new dispatch service provider. Copies of any Records so transferred to Menifee may be destroyed by Murrieta and Murrieta has no duty, under this agreement, to retain such copies once transferred. Any Records not transferred to Menifee shall be maintained or destroyed in accordance with the adopted Murrieta retention schedule.
d. Expenses on Termination. If Menifee elects to terminate this Agreement without cause pursuant to this Section 8(a), or Murrieta terminates this Agreement with cause pursuant to Section 8(b) in accordance with the procedures set forth in Section 9 below, then Menifee shall pay the following amounts to Murrieta within thirty (30) days of receipt of an invoice from Murrieta for such costs: (i) any Start-Up Costs that have not yet been paid to Murrieta; (ii) all costs for services provided up to the date of termination; (iii) all costs for personnel terminations resulting from the termination of the Agreement including, but not limited to, any applicable severance payments and Consolidated Omnibus Budget Reconciliation Act also known as COBRA payments; and (iv) the Data Conversion Costs. If this Agreement expires on the Termination Date, Menifee shall pay Murrieta the Data Conversion Costs within thirty (30) days of receipt of an invoice from Murrieta for such Costs.

9. DISPUTE RESOLUTION. Any disputes under this Agreement, including but not limited to termination for cause, shall be subject to the dispute resolution procedures herein. a. Meet and Confer. If either Party (i) disputes the other Party's interpretation of this Agreement;·(ii) disputes the sufficiency of the other Party's performance under this Agreement, including cost of service or billing; or (iii) contends there has been a material breach of the Agreement, then the Parties shall meet to attempt to resolve the dispute. The City Manager and 565

Police Chief of Murrieta shall be the authorized dispute resolution representatives for Murrieta, and the City Manager and Police Chief of Menifee shall be the authorized dispute resolution representatives for Menifee.
b. Mediation.
i. Initiation of Mediation: If a dispute is not resolved through the meet and confer process, either Party may initiate a mediation process by giving written Notice of Mediation to the other Party.
ii. Selection of Mediator: Within fourteen (14) days after receipt of a Notice of Mediation, the Parties shall mutually select one person to mediate the dispute, which person shall be a qualified professional with expertise in the subject matter of the dispute. Neither Party may unreasonably withhold, delay, or obstruct the selection of a mediator. iii. Commencement and Completion of Mediation: The mediation shall be completed within forty-two (42) days of the selection of the mediator. The mediation shall be conducted in accordance with procedures chosen by the mediator.
iv. Mediator's Recommendation: If the mediator is unable to resolve the dispute during the mediation, the mediator shall submit specific and written recommendations for full resolution of the dispute within fourteen (14) days thereafter. The Parties shall consider the written recommendations of the mediator.
v. Mediation Costs: The fees and expenses of the one selected mediator shall be divided equally between the Parties. The above deadlines shall be enforced unless extensions are mutually agreed upon or granted to either Party by the mediator for good cause shown. c. Termination following mediation. If the dispute is not resolved through the meet and confer process or the mediation process, then the Party that receives a favorable recommendation from the mediator may move forward with terminating the Agreement. Termination shall be effective thirty (30) days after written notice of termination by the aggrieved Party.

10. INSURANCE. Both Parties shall maintain sufficient insurance, self-insurance, or a combination thereof to comply with the following requirements and, if requested, each Party shall furnish to the other Party certificates of insurance evidencing the required coverage. No policy providing the required coverage may be canceled or liability limits reduced without first providing the other Party thirty (30) days' written notice.
a. Insurance Coverages. Each Party shall, throughout the duration of this Agreement, maintain insurance, self-insurance, or a combination thereof to cover itself, its agents, representatives, and 566

employees in connection with the performance of services under this Agreement at the minimum levels set forth here.
i. Commercial General Liability (with coverage at least as broad as ISO form CG 00 01 01 96) "per occurrence" coverage shall be maintained in an amount not less than $10,000,000 general aggregate and $2,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.
ii. Automobile Liability (with coverage at least as broad as ISO form CA 00 01 07 97, for "any auto") "claims made" coverage shall be maintained in an amount not less than $2,000,000 per accident for bodily injury and property damage. iii. Workers' Compensation coverage shall be maintained as required by the State of California.
b. Endorsements. Each Party shall obtain endorsements to the insurance policies with the following provisions:
i. The other Party (including its elected officials, officers, employees, agents, and volunteers) shall be named as an additional "insured" on the commercial general liability insurance policy.
ii. As to automobile and commercial general liability policies, for any claims related to this Agreement, Menifee's coverage shall be primary insurance with respect to Murrieta. Any insurance maintained by Murrieta shall be in excess of Menifee's insurance and shall not contribute with it.
c. Notices of Cancellation. Each Party shall notify the other Party if any policy required by this Agreement is canceled before the expiration date. For the purpose of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. If any required insurance policy under this Agreement is cancelled, the Party procuring that policy shall immediately obtain a replacement policy.
d. Proof of Insurance. Each Party shall provide the other Party with evidence of compliance with the insurance requirements listed above by providing a certificate of insurance and endorsements, in a form satisfactory to the receiving Party, before either Party signs this Agreement.
e. Substitute Certificates. No later than thirty (30) days prior to the policy expiration date of any insurance policy required by this Agreement, the insured Party shall provide the other Party with a substitute certificate of insurance.
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11. NONDISCRIMINATION. The Parties shall each comply with all applicable federal, state, and local laws regarding nondiscriminatory employment practices, whether or not said laws are expressly stated in this Agreement. The Parties shall not discriminate against any employee or applicant because of race, color, religious creed, national origin, physical disability, mental disability, medical condition, marital status, sexual orientation, sex, or any other classification prohibited by state or federal law.

12. COMPLIANCE WITH LAWS. The Parties shall comply with all applicable legal requirements including all federal, state, and local laws (including ordinances and resolutions), whether or not said laws are expressly stated in this Agreement.

13. CONFIDENTIAL INFORMATION AND RECORDS REQUESTS.
a. Confidential Information. The Parties acknowledge and agree that personnel, proprietary, trade secret, and other information that is otherwise exempt from disclosure under the California Public Records Act or any recognized privilege, doctrine, or law (collectively "Confidential Information") shall be handled as strictly confidential information, and shall be disclosed only to the extent otherwise mandated by state law, federal law, a properly issued subpoena, or a court order. The Parties agree to immediately advise one another upon the receipt of any request, demand, or order seeking Confidential Information and to reasonably cooperate with one another in responding to any such request, demand, or order. The terms of this Section 13 shall survive termination of this Agreement.
b. Records Requests. If Menifee receives any request for documents pursuant to the Public Records Act or other applicable law or court order, Menifee shall be solely responsible for responding to said request. When such requests seek information in the possession, custody, or control of Murrieta, Murrieta shall use its best efforts to provide reasonable assistance to Menifee in responding to said request. Notwithstanding the foregoing, Murrieta shall not be responsible or liable to either the requestor(s) or Menifee as a result of Murrieta's inability to respond to a document request, so long as Murrieta demonstrates it exercised its best efforts to provide reasonable assistance.

14. INDEMNIFICATION.
a. Menifee. Menifee shall indemnify, hold harmless, and defend Murrieta (including its elected officials, officers, agents, employees, and volunteers) from and against any and all claims (including all litigation, demands, damages) and their attendant costs, and expenses (including court costs and attorneys' fees) to the extent resulting or arising from Menifee's willful misconduct or negligent performance, or failure to perform, under this Agreement. 568

b. Murrieta. Murrieta shall indemnify, hold harmless, and defend Menifee (including its elected officials, officers, agents, employees, and volunteers) from and against any and all claims (including all litigation, demands, damages) and their attendant costs, and expenses (including court costs and attorneys' fees) to the extent resulting or arising from Murrieta's willful misconduct or negligent performance, or failure to perform, under this Agreement. c. Exception for Willful Misconduct and Sole Negligence. Notwithstanding Sections 14(a) and 14(b), neither Party shall have any obligation to defend or indemnify the other Party if it is determined by a court of competent jurisdiction that such claim was caused by the sole negligence or willful misconduct of the Party to be indemnified.

15. FORCE MAJEURE. If by reason of Force Majeure a Party is unable, in whole or in part, to perform any of its obligations under this Agreement, such Party shall not be in default, and its performance obligations shall be tolled, during the continuance of such inability.

16. RELATIONSHIP OF THE PARTIES.
a. In General. Nothing contained in this Agreement is intended to, nor shall it, be construed in any way to be a joint powers agreement of any kind. Neither Menifee nor any of its agents shall have control over the conduct of Murrieta or any of Murrieta's employees, except as set forth herein.

Neither Party's employees shall acquire or be (or become) entitled to any of the rights, privileges, powers, or advantages of the other Party's employees including, but not limited to, the right to any compensation, benefits, or pension benefits of the other Party's employees. b. Menifee Not An Employer of Dispatchers. Murrieta shall not request or demand that Menifee assume any liability for direct payment of any salary, wage or other such compensation to any person employed by Murrieta to perform the services described in the Agreement. Murrieta shall not at any time or in any manner represent that it or any of its officers, employees, or agents are "employees" of Menifee.
c. No Promise of Future Contract for Dispatch Services. Nothing in this Agreement shall be interpreted to imply that Murrieta must maintain any contractual relationship with Menifee on a continuing basis after the termination of this Agreement. d. Murrieta Retains Daily Control of Dispatch Services. Murrieta is responsible to provide the Start-Up Services and Dispatch Services as set forth in Exhibit A, and to reasonably cooperate with Menifee to ensure those services are delivered in an effective and efficient manner. Subject to the foregoing: (i) Murrieta is the final authority and is not required to comply with daily instructions from Menifee staff with respect to when, where, or how Murrieta must perform the Start-Up Services and Dispatch Services; (ii) Murrieta is solely responsible for determining who, 569

under supervision or direction of Murrieta, will perform the Start Up Services and Dispatch Services; (iii) Menifee will not hire, supervise, or pay any employees working for Murrieta pursuant to the Agreement during such employee(s)' period of employment with Murrieta; and (iv) Murrieta shall be solely responsible for setting the hours in which Murrieta performs or plans to perform the Start-Up Services and Dispatch Services.

17. ADDITIONAL DOCUMENTS AND AGREEMENTS. The Parties agree to cooperate in the execution of any additional policies and procedures, instruments, and conveyances, which may be required to carry out the terms of this Agreement.

18. WARRANTY. Murrieta provides the hardware, software, and ancillary systems necessary to the provision of the Dispatch Services without any warranty or condition, expressed or implied. Murrieta specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Menifee acknowledges that the hardware, software, and ancillary systems may not operate totally without interruption. Murrieta makes no representations, warranties, or guarantees regarding uptime for the hardware, software, and ancillary systems. Murrieta agrees to pursue remedies through the vendor for the systems to all software problems arising from software provided by the vendor. Remedies for problems arising that are caused by circumstances outside of the vendor's control (network connection issues, user errors, hardware failures, etc.) shall be pursued by Murrieta until a resolution is achieved. If a total or partial failure should occur, Murrieta Police dispatch shall continue to dispatch for Menifee using whatever manual methods may be necessary and provide the same level of service they would for Murrieta Police.

19. NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be delivered to the respective Party as set forth in this section. Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a Party's Authorized Representative, or (b) actual receipt at the address designated below, or (c) three (3) working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. The Authorized Representative of either Party may modify their respective contact information identified in this section by providing notice to the other Party.
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To: Murrieta To: Menifee
Attn: Police Chief Attn: Police Chief
2 Town Square 29844 Haun Road
Murrieta, CA 92562 Menifee, CA 92586
With a Copy To: With a Copy To:

City Attorney City Attorney
1 Town Square 29844 Haun Road
Murrieta, CA 92562 Menifee, CA 92586

20. HEADINGS. The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.

21. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, this Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the Parties' intent under this Agreement.

22. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Riverside.

23. ASSIGNMENT AND DELEGATION. Neither this Agreement, nor any portion hereof, shall be assigned or transferred, nor shall any of the Parties' duties be delegated, without the written consent of the other Party. Any attempt to assign or delegate this Agreement without the written consent of the other Party, shall be void and of no force or effect. Consent by a Party to one assignment shall not be deemed to be consent to any subsequent assignment.

24. SUCCESSORS. This Agreement shall bind and inure to the benefit of all duly authorized successors and assigns of the Parties.

25. MODIFICATIONS. This Agreement may not be modified, orally or in any manner, other than by an agreement in writing signed by duly authorized representatives of both Parties. 571

26. WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.

27. CONFLICTS. If any conflicts arise between the terms and conditions of this Agreement and the terms and conditions of the attached exhibits or any documents expressly incorporated, the terms and conditions of this Agreement shall control.

28. ENTIRE AGREEMENT. This Agreement, including all documents and exhibits incorporated herein by reference, comprises the entire integrated understanding between the Parties concerning the services provided hereunder. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all.

29. LITIGATION EXPENSES AND ATTORNEYS' FEES. 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.

30. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective Parties.

31. 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, Murrieta and Menifee do hereby agree to the full performance of the terms set forth herein.

CITY OF MURRIETA CITY OF MENIFEE
Kim Summers, City Manager Armando G. Villa, City Manager Date: Date:

ATTEST: ATTEST:

Cristal McDonald, City Clerk Stephanie Roseen, Acting City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM:

Tiffany Israel, City Attorney Jeffrey T. Melching, City Attorney 573

EXHIBIT "A"
Scope of Services
SERVICES PROVIDED BY MURRIETA: During the term of this Agreement1, Murrieta shall provide to Menifee Dispatch Services that are equivalent to those provided to Murrieta, which include the following:

1. Police General Dispatch Service.
a. Provide all Dispatch Services identified in this Exhibit A to all Menifee police officers. b. Receive and respond to all 911 calls for police services for Menifee twenty-four (24) hours a day, seven (7) days a week. Telephone lines will be answered using a generic greeting such as, "Emergency Services", "9-1-1 Emergency'', or "police services". c. Monitor and reply to all emergency radio traffic from Menifee twenty-four (24) hours a day, seven (7) days a week.
d. Provide call-out notifications as directed by Menifee for incidents requiring response from Menifee Police Department personnel or mutual aid resources. e. Provide after-hour notifications to Menifee Public Works Department personnel. f. Monitor and reply to all non-emergency radio traffic from Menifee twenty-four (24) hours a day, seven (7) days a week.
g. Handle dispatch responsibilities for Menifee SWAT activations. h. Utilize appropriate radio and CAD systems for dispatching services. i. Ensure supervisory awareness of major incidents.
j. Maintain appropriate staffing levels as established in the Communications Manual. k. Make telephone calls for Menifee Police Department officers to request tow trucks, taxi cabs, and other resources.
l. Use Menifee unit requirements for dispatching calls for service to Menifee Police Department officers.
m. Prioritize response according to Murrieta policies and procedures. If changes are desired, Murrieta will consult with Menifee prior to implementation of any new response priorities.

2. Police Dispatch Technology Criteria and Guidelines.
a. Operate and maintain a computer-aided dispatch system that is capable of:
i. Tracking the status of Menifee's on-duty police units' activity and availability. ii. Assigning report numbers for incidents.
iii. Ensuring that all systems and electronic interfaces are maintained and working. 574

b. Utilize the Riverside County Public Safety Enterprise Communications ("PSEC") radio system for dispatch communications.
c. Operate dedicated Murrieta and Menifee radio channels for police operations twenty-four (24) hours a day, seven (7) days a week. During exigent or other mutually agreed upon circumstances, the individual radio channels may be patched together for combined communication. d. Dispatch Menifee police units based on a call priority of 1, 2, and 3 for urgent and nonemergency calls for service. e. Transfer all 9-1-1 telephone calls to secondary public safety answering point when appropriate. f. Maintain and monitor secondary radio channel(s) during special events, incidents, or enforcement activities.

3. Computer-Aided Dispatch (“CAD”) and Records Management System (“RMS”). a. Maintain vendor recommended upgrades to the existing CentralSquare CAD and RMS, including licensed ancillary modules, to the multi-agency versions of the software. b. Host and maintain the CAD and RMS applications, database, and backups and provide twentyfour (24) hours, seven (7) days a week of operational support of the servers and applications. c. Murrieta's CAD/RMS Administrators will be the main contact for any issues related to the CAD and RMS applications and will contact the Information Technology Services Help Desk following Murrieta's current normal business hours (0800 hours to 1700 hours) and after-hours (1700 hours to 0800 hours) procedures. Murrieta will provide 24 hours per day / 7 days per week access to and assistance from Murrieta technical support personnel to address critical issues related to CAD/RMS and/or network-related issues relating to CAD/RMS applications. If an after-hours incident does not meet the emergency threshold, Murrieta IT will direct Menifee to create a help desk ticket, and response to the issue will be on the next business day. Examples of what may constitute a critical emergency include issues that cause a business stoppage or disruption of critical business.
d. Murrieta PD will maintain and support the existing software license agreement with CentralSquare.
e. Provide the servers, CAD and RMS along with ancillary applications, databases, system administration, and necessary interfaces for the systems. f. In the event Menifee changes their RMS to a provider other than CentralSquare, Murrieta Information Technology Division will provide a copy of Menifee’s data to Menifee Information Technology. Any costs incurred to provide the data will be covered by Menifee. 575

g. Maintain and support the servers and the hardware necessary for the operation of the systems. h. Monitor new technology related to CAD/RMS to maintain technologically current systems. i. Be solely responsible for determining the hardware and software that will maximize benefits to both Murrieta and Menifee; provided, however, that Murrieta shall consult with Menifee prior to implementing any significant cost increase for hardware and/or software. j. Provide the ability for Menifee workstations (including Mobile Data Computers ["MDC"]) to perform California Law Enforcement Telecommunication System ("CLETS") queries. k. Cooperate with Menifee to resolve any issues related to the operation of the mobile software as a result of issues with the CAD application. In no event shall Murrieta be responsible for any work on Menifee-owned hardware or software loaded on Menifee-owned hardware. l. Create CentralSquare accounts for Menifee to access CAD and RMS applications within five (5) days of the date that the request is received from Menifee. In the event a significant event delays this request, it will be completed as soon as practicable. m. Be responsible for all CAD file maintenance updates, including user accounts, terminals, and quarterly GIS updates.
n. Provide SSRS access to SQL data until data replication is set up and tested successfully.

Thereafter, Menifee will use their copy of CAD data for reporting. o. Report and track issues with the CAD and RMS vendor and test fixes in the test environment before installing fixes into the live production system. p. In the event that Menifee decides to pursue another RMS vendor, Murrieta’s CAD/RMS Administrators will no longer support Menifee’s new RMS vendor. q. Murrieta shall provide access to Menifee to the audio logger at Murrieta for the purpose of obtaining recordings related to Menifee in order to comply with any California Public Records Act request. Murrieta shall provide training to Menifee personnel on using the audio logger, as identified by Menifee’s command staff. A second audio logger will be housed at Murrieta to maintain recordings solely for Menifee. Menifee assumes all costs related to the second audio logger, including its maintenance.
r. Provide technical support to the Menifee Police Department supervisors or administrators and Information Technology team seeking information from CAD and/or RMS. s. Provide and send to Menifee duplicate CAD and RMS data relating to all Menifee calls and reports to Menifee servers twice daily. Further, provide notification to the Menifee Police Department and Menifee Information Technology department if the data replication stops for any reason within four hours of Murrieta being made aware of the issue. 576

4. Network Connectivity.
a. Provide and maintain a point-to-point dedicated connection at Murrieta's dispatch center to establish communications with Menifee's network.
b. Provide and maintain a SD-WAN connection for communications with Menifee's network. c. Upon discovery, provide notification to Menifee and Information Technology departments if the City of Murrieta SD-WAN becomes inoperable.

5. Mobile Data Computer System.
a. Provide support for the MDCs and/or for issues related to connectivity between the two agencies.

Murrieta will assist Menifee, as necessary, to resolve any issues; however, Menifee is responsible for any hardware costs associated with the resolution of an issue if it is not related to the CAD application.

6. Ancillary Services.
a. May conduct inquiries for officers into federal, state, and local databases through CLETS and Riverside County Sheriff’s Office Message Switch (Local Warrant System) ("RSOMS"). b. Complete after-hours entries into federal and state databases (MUPS, DVROS, AFS, SVS). c. Murrieta Communications Manager will be responsible for CJIS audits, yearly training and signoffs for Murrieta only.

7. Geographic Information System.
a. Menifee will send quarterly updates to the CAD/RMS Administrator(s), who will update the GIS file to be used for dispatching services. For areas of shared boundaries, duplicates and discrepancies must be resolved before implementation.
b. Update and maintain the Menifee portion of the Geofile no less frequently than quarterly. The changes will be based upon direct geographic information system ("GIS") files provided by Menifee or agreed-upon documentation for Murrieta to input directly.

SERVICES PROVIDED BY MENIFEE: During the term of this Agreement, Menifee shall provide to Murrieta and be responsible for the following actions:

1. Police General Dispatch Service.
a. Provide daily rosters for all patrol shifts to Murrieta at the beginning of each shift. b. Notify Murrieta prior to conducting any operations with an operational plan, including personnel involved and location.
c. Conform to Murrieta response protocols. Murrieta will collaborate with Menifee in good faith if there are any desired changes to response protocols by either party. 577

d. Conform to Murrieta call types and dispositions. Murrieta will collaborate in good faith with Menifee if there are any desired changes to call types or dispositions by either party. e. Conform to Murrieta's radio codes.
f. Follow established complaint procedures to address personnel and dispatching issues. i. Orders received from Murrieta Communications Center related to the operation of the communications center are official department orders and will be treated as such.

Menifee personnel receiving such orders shall comply. Wherever practical, Menifee's authorized representatives will be consulted prior to the implementation of new orders or procedures.
ii. In the event of a dispute between a Murrieta dispatcher and Menifee field personnel, the dispute shall be referred to the employees' direct supervisors. The employees' supervisors shall then be responsible for identifying a resolution to the dispute. iii. Issues unrelated to personnel complaints should be addressed at the line supervisor level initially. If resolution is not achieved for any type of issue, it shall be forwarded to authorized representatives for each agency for resolution. iv. Proposed operational or procedural changes should be directed to the Murrieta Communication Manager and Menifee's authorized representative.

2. Computer-Aided Dispatch and Records Management System. a. Establish and maintain telephone line(s) services as necessary to support the dispatch consolidation effort outlined in this Agreement.
b. Process all paperwork related to the records function including, but not limited to, records data entry, citation entry, or miscellaneous paperwork not related to the basic dispatch function and respond to Public Records Act requests or similar requests and subpoenas for incidents and/or addresses located in Menifee.
c. Submit a request for Murrieta to create accounts for Central Square CAD and/or RMS applications for a new hire.
d. Notify Murrieta immediately of any separated employee so that the respective network and Central Square accounts can be deactivated.
e. Menifee will notify Murrieta of user role assignments and request updates when roles change.

Murrieta will manage/create CAD/RMS permission roles.
f. Menifee will submit any code table update/change requests to Murrieta who will manage NIBRS codes upload into RMS while also maintaining all codes management within RMS. 578

g. Menifee will notify Murrieta when Records workstations are added or updated so they can be added to the CAD/RMS system. Murrieta will assist Menifee as necessary to resolve issues related to CAD/RMS; however, Menifee is responsible for any hardware costs associated with the resolution of an issue if it is not related to the RMS application. h. Provide all ad hoc reporting (using SSRS or other tools) from the CAD data warehouse and RMS database.

3. Network Connectivity. Provide and maintain a dedicated connection to Murrieta's core network including the installation and maintenance of network connections.

4. Ancillary Services.
a. Menifee Records Supervisor will be responsible for CJIS audits, yearly training and sign-offs for Menifee.
b. Maintain and manage the ORI and mnemonics for Menifee.

5. Mobile Data Computer System.
a. Menifee will maintain its own NetMotion server and provide the connectivity of the MDCs to the Murrieta CAD system along with related costs.
b. Menifee will pay any costs to upgrade the current MDC software to mobile data computer system if Menifee elects to upgrade the software.
c. Be the Custodian of Record of all telephone audio recordings and facilitate the release of any such information relating to incidents within or relating to the City of Menifee, the Menifee Police Department, or the services provided to Menifee under this Agreement. d. Process audio recording requests for criminal, civil, and internal cases. 579

EXHIBIT "B"
Costs for Service
Menifee agrees to pay and Murrieta agrees to accept as total compensation for Dispatch Services2the following:

1. Dispatcher and Dispatch Supervisor Costs.
a. Year One. In the first year, known as the Start-Up Period, Menifee's Dispatcher Costs will be the actual "Loaded Cost" of the dispatchers hired in support of providing Dispatch Services to Menifee, up to twelve (12) dispatchers. Loaded Cost shall be defined as base pay plus benefits. b. Year Two. In the second year, commencing with the Go-Live Date, Menifee's portion of Dispatcher Costs will be 43% of the "Total Personnel Cost"3. The Total Personnel Cost shall include the following:
i. The "Fully Burdened Cost" for all dispatchers. Murrieta will calculate the Fully Burdened Cost to include direct and indirect costs such as salaries and benefits without limitation, departmental support, supervision, and administrative overhead, including associated human resources costs; internal service costs; and indirect City-wide overhead costs.

Murrieta agrees to meet with Menifee prior to the Go Live Date to review the components of the Fully Burdened Cost. After meeting, Murrieta shall have the sole authority to determine both the direct and indirect components and to calculate the cost. ii. Actual training costs incurred.
iii. Overtime costs incurred by all dispatchers, applying base pay plus any additive pays that are payable on overtime hours, including bi-lingual pay, Workers' Compensation, and Medicare.

If Murrieta is unable to complete the Cost Allocation Plan necessary to determine the Fully Burdened Cost rates prior to May 31, 2020, Menifee's Dispatcher Cost shall be 43% of the Loaded Cost rate for all dispatchers plus actual training and overtime costs incurred. c. Year Three. Commencing July 1, 2021, Dispatcher Costs will be calculated at the Fully Burdened Cost rate in the same manner as Year Two (described in subsection (1)(b) above) unless both Murrieta and Menifee agree in writing to a new formula prior to the commencement of any given year.
d. Estimates of Dispatcher Costs for Year One and Year Two are set forth in Exhibit B-1. e. The Parties specifically acknowledge that the amount due from Menifee is subject to annual adjustments at the beginning of the fiscal year based on Murrieta's personnel costs, including but 580

not limited to increased labor costs as negotiated in the Memoranda of Understanding between Murrieta and the Murrieta General Employees Association and Murrieta Supervisors Association, respectively, any increases in employee compensation and benefits and changes in staffing levels in the dispatch center.
f. Year Four and beyond. Commencing July 1, 2022, Dispatcher Cost for services rendered by dispatchers and dispatch Supervisors will be calculated at the Fully Burdened Cost rate per section 5.b.iii of the Agreement and cost shall be allocated using the Activity-Based Cost Allocation Methodology as described in section 5.b.iv of the Agreement and shall include the following:
i. Actual training costs incurred.
ii. Overtime costs incurred by all dispatchers and dispatch supervisors, applying base pay plus any additive pays that are payable on overtime hours, including bi-lingual pay, Workers' Compensation, and Medicare.
iii. Leave Buy Out based on respective MOUs.

2. Non-Dispatcher Personnel Costs. Performance of the dispatch services under this Agreement will require services and support from Murrieta personnel other than dispatchers, including, but not limited to, supervisory or management dispatch personnel and information technology services. Menifee shall pay the Total Personnel Costs for the following positions in the following proportions and amounts (subject to adjustment as set forth herein):
a. During the Start-Up Period, Menifee shall pay the Loaded Cost for the following positions:

Position Title Proportion
Communications Manager 43%
Radio Systems Administrator Hours actually worked up to Go Live Date Information Systems Analyst Hours actually worked up to Go Live Date Information Systems Technician Hours actually worked up to Go Live Date 581

b. In Year Two, commencing on the Go Live Date, Menifee shall pay the Fully Burdened Cost plus any applicable overtime for the following positions and in the following proportions:

Position Title Proportion
Communications Manager 43%
Radio Systems Administrator 20%
Information Systems Analyst 20%
Information Systems Technician 10%
If Murrieta is unable to complete the Cost Allocation Plan necessary to determine the Fully Burdened rates prior to May 31, 2020, Menifee's Non-Dispatcher Cost shall be the Loaded Cost plus any applicable overtime for the following positions:

Position Title Proportion
Communications Manager 43%
Dispatch Supervisors 43%
Radio Systems Administrator 20%
Information Systems Analyst 20%
Information Systems Technician 10%
c. Estimates of Non-Dispatcher Costs for Year One and Year Two are set forth in Exhibit B-1. d. Year Four and beyond. Commencing July 1, 2022, Menifee shall pay the Fully Burdened Hourly Rate Cost plus any applicable overtime for the following positions and in the following proportions:

Position Title Proportion
Communications Manager % per section 5.b.iv.

CAD/RMS Systems Administrator 40%
Information Systems Analyst 30%
Program Administrator As incurred
IT System Administrator As incurred
Management Analyst 7.5%
582

e. In addition, Menifee shall pay:
i. Actual training costs incurred.
ii. Overtime costs, including Workers' Compensation and Medicare. iii. On-Call pay based on respective MOUs.
iv. Leave Buy Out based on respective MOUs.

3. Technology Costs. The Technology Costs consist of three components. The first component represents Menifee's contribution towards the initial investment of the start-up costs incurred by Murrieta to acquire and implement its CAD and RMS system, which enables Murrieta to provide Dispatch Services to Menifee, including contribution to capital costs for the dispatch software, technology, and systems already in place. Murrieta's investment to implement and acquire its CAD and RMS system was One Million Eight Hundred Thousand Dollars ($1,800,000), financed to be paid over a term of seven (7) years ("Finance Payment"). For each loan payment after the Go Live Date, Menifee shall pay to Murrieta Forty-One Thousand Eight Hundred Forty-Eight Dollars and Twenty Cents ($41,848.20).

The second component of the Technology Costs is the Annual Technology Maintenance Costs. For the first year following the Go-Live Date, the Annual Technology Maintenance Costs will include an additional component for deferred start-up costs, as detailed in Exhibit B-2. For each subsequent year, the estimated Annual Technology Maintenance Costs are estimated as detailed in Exhibit B-3.

Menifee's responsibility for Annual Technology Maintenance Costs is based on the ratio of Menifee authorized sworn personnel to the total number of authorized sworn personnel on the dispatch system.

The number of sworn personnel used for the above calculations will be updated annually at the meet and confer meeting held pursuant to Paragraph 6 of this Exhibit, below.

The Annual Technology Maintenance Costs may change based upon a change in pricing and/or adjustments in the actual costs billed by the CAD vendor for the support renewal.

The third component of the Technology Costs are monthly subscriber rates for mobile, portable, and console radios ("Radio Costs"). Menifee's responsibility for Radio Costs for the first year following the Go Live Date shall be Thirty-Eight Dollars and Eighteen Cents ($38.18) per radio utilized by Menifee personnel. The Radio Costs increase by six percent (6%) for each following year through June 30, 2025.

Effective July 1, 2021, the County of Riverside started to invoice the Menifee Police Department for their radio subscriptions.

4. Offset Costs. The Parties acknowledge and agree that the net proceeds from any grants, subsidies, or reimbursements received by Murrieta, to the extent (i.e., in the proportion) they result from the provision 583

of Dispatch Services to Menifee, shall be offset against the Dispatcher Costs during the invoicing period in which the grant, subsidy, or reimbursement is provided to Murrieta.

5. Payment Methodology. Notwithstanding the estimates provided above and in Exhibits B-1, B-2 and B3, the amount paid by Menifee to Murrieta for the Costs for Services shall be the actual costs incurred by Murrieta, even if such costs exceed (or are less than) the estimate.

Menifee shall make payments to Murrieta for its share of the Costs for Services in accordance with the invoicing and payment procedure set forth in Section 5(d) of the Agreement.

6. Annual Meet and Confer. The Parties shall meet and confer annually (as part of a coordination meeting required by Section 6 of the Agreement) to make adjustments in costs or applicable proportions including, but not limited to, the calculation of cost of services set forth in section 5(b) of the Agreement, the proportion of Menifee end users to total end users, the proportion of Menifee radios to total radios, technology cost, the annual technology maintenance costs, and any offset costs received or anticipated to be received by Murrieta.
584

EXHIBIT "B-1"
Estimated Personnel Costs
Year One (FY 2019/20)
Personnel (Salary/Benefits) Annual QTY Duration Share Total Dispatchers $97,406.00 12 6 mos. 100% $584,436.00
Comm Mgr $164,048.00 1 12 mos. 43% $70,540.64
Radio Administrator * $108,667.00 1 12 mos. 40% $43,466.80 IT Analyst * $120,702.00 1 12 mos. 25% $30,175.50
IT Tech * $107.714.00 1 6 mos. 10% $5,385.70
Total $734,000.64
Year Two (FY 2020/21)
Personnel (Salary/Benefits) Annual QTY Duration Share Total Dispatchers $100,815.00 12 12 mos. 100% $1,209,780.00
Supervisors $119,961.00 4 12 mos. 43%4$206,332.92
Comm Mgr $178,279.00 1 12 mos. 43% $76,659.97
Radio Administrator $112,470.00 1 12 mos. 20% $22,494.00 IT Analyst $131,173.00 1 12 mos. 20% $26,234.60
IT Tech $111.484.00 1 12 mos. 10% $5,574.20
Total $1,547,075.69
The above are only estimates and the Parties acknowledge that Menifee will, according to the formulas set forth in sections (1) and (2) of Exhibit B, be charged for and pay for actual costs notwithstanding the above estimates.

In the same vein, the Parties acknowledge that, for Year One (fiscal year 2019/20), the three positions noted with asterisks (Radio Administrator, IT Analyst, and IT Tech) will be charged on an hourly basis for hours actually worked and thus the amounts listed for those positions are for illustration only. 585

EXHIBIT "B-2"
Annual Technology Costs Deferred Start-Up Costs
586

EXHIBIT "B-3"
Annual Technology Maintenance Costs
587

EXHIBIT "C"
Start-Up Costs
Menifee agrees to pay and Murrieta agrees to accept as total compensation for Start-Up Services5the following:

1. Equipment, Hardware and Software. All such equipment and software as is necessary to provide the services described in Exhibit A to Menifee to the same extent and quality as is provided to Murrieta.

Such equipment and software includes, but is not limited to those items listed on Exhibit C-1.

2. Other Equipment, Furniture, and Infrastructure. All such equipment, furniture, and other infrastructure (not otherwise listed in Exhibit C-1) as is necessary to provide the services described in Exhibit A to Menifee, to the same extent and quality as is provided to Murrieta. Such equipment, furniture, and other infrastructure includes, but is not limited to, dispatch ergonomic workstations, Motorola dispatch console radio equipment; telephone and 9-1-1 Vesta console equipment; acquired computers, monitors, telephones, printers; and retrofit of the dispatch center as necessary to accommodate the additional demand created by providing the Services listed in Exhibit A.

3. Murrieta Legal Services. Menifee shall further pay for half of all costs incurred by Murrieta for services by its City Attorney's office in preparing the Agreement upon invoice by Murrieta.

4. Offset Costs. The Parties acknowledge and agree that the net proceeds from any grants, subsidies, or reimbursements received by Murrieta, to the extent (i.e., in the proportion) they result from or are in connection with the Start-Up Services shall be offset against the Start-Up Costs during the invoicing period in which the grant, subsidy, or reimbursement is provided to Murrieta. If the grant, subsidy, or reimbursement is received after the Start-Up Period, it shall be offset against Costs for Service in the period in which it is received.

5. Payment Methodology. Notwithstanding the estimates provided in Exhibits C-1, the amount paid by Menifee to Murrieta for the Start-Up Costs shall be the actual costs incurred by Murrieta, even if such costs exceed (or are less than) the estimate.

Menifee shall make payments to Murrieta for its share of the Start-Up Costs in accordance with the invoicing and payment procedure set forth in Section 5(d) of the Agreement. 588

EXHIBIT "C-1"
Equipment, Hardware, and Software
589

REFERENCE

1. Unless otherwise indicated, capitalized terms used in this Exhibit A have the meaning set forth in the agreement to which this Exhibit A is attached.

2. Unless otherwise indicated, capitalized terms used in this Exhibit B have the meaning set forth in the agreement to which this Exhibit B is attached.

3. 43% is the proportion of the twelve (12) dispatchers hired pursuant to the Agreement relative to the total number of dispatchers (twenty-eight (28), as of the Effective Date), rounded to the nearest whole number.

4. If Murrieta completes a Cost Allocation Plan by May 31, 2020, then Supervisor costs shall not be charged to Menifee because such costs will be included in the Total Personnel Cost of Dispatchers.

5. Unless otherwise indicated, capitalized terms used in this Exhibit C have the meaning set forth in the agreement to which this Exhibit C is attached.
590

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

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Javier Carcamo, Finance Director
PREPARED BY: Chauntal Anderson, Purchasing and Contracts Coordinator SUBJECT:

First Amendment with Rogers, Anderson, Malody & Scott, LLP

RECOMMENDATION
Approve the First Amendment to the Agreement for Financial Auditing Services between the City of Murrieta and Rogers, Anderson, Malody & Scott, LLP (RAMS); and
Amend the Operating Budget for Fiscal Year 2024/25.

PRIOR ACTION/VOTE
On April 18, 2023, the City Council authorized a three year agreement with Rogers, Anderson, Malody & Scott, LLP (RAMS). (Vote: 4-0-1)

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

BACKGROUND
On January 17, 2023, the Finance Department ran a Request for Proposals (RFP) for the City of Murrieta (City) financial auditing services. The City received proposals from four firms with RAMS identified as providing the best overall value to the City.

On April 18, 2023, the City Council approved a professional service agreement with RAMS. RAMS is a licensed Certified Public Accounting (CPA) that specializes in auditing local government. The original agreement term was for three (3) fiscal years, with an option for two (2) one (1) year renewals. In consideration of the services to be performed by RAMS, the City agreed to pay the external audit firm $143,590 for the initial three-year term of the agreement. If the two optional years are exercised, the total fiveyear agreement would be $253,150.

RAMS has completed the first fiscal year of its contract and has exceeded the department’s expectations for its timeliness and quality of work. However, based on the number of hours allocated to our City to complete CITY OF MURRIETA Page 1 of 2 Printed on 8/15/2024 powered by Legistar™591
8/20/2024
Agenda Item No. 20.
its timeliness and quality of work. However, based on the number of hours allocated to our City to complete the first-year audit, RAMS has requested that, effective with the fiscal year 2024 audit, an annual increase of 5% is applied to our previous proposal. Without an adjustment to the payment terms, this will likely impact the quality of the audit as they have to adjust the hours assigned to the audit, which, in turn, may force the City to terminate the engagement. Disruption of audit services can affect the City’s ability to complete the audit and financial statements in time. In addition, the total proposed fee increase is below that of the audit firm that came in second place during the RFP process.

To ensure consistency and to ensure the additional renewal years can be exercised, we would like to proceed with honoring RAMS's request for a 5% annual increase to the already approved annual rates, as listed below.

FISCAL IMPACT
Staff recommends amending the Fiscal Year 2024/25 Operating Budget to increase 1102600-60200 by $2,365 for Fiscal Year 2023/24 audit. The remaining years of the agreement will be budgeted as part of the subsequent Biennial Budget process.

Previously approved rates in 2023
Fiscal Year Fiscal Year Amount
2022-23 $47,300
2023-24 $47,300
2024-25 $48,900
Total $143,590
If the option to renew is exercised
2025-26 $48,990
2026-27 $50,570
Grand Total $253,150
Newly proposed rates with a 5% increase
Fiscal Year Fiscal Year Amount
2022-23 $47,300
2023-24 $49,665
2024-25 $52,148
Total $149,113
If the option to renew is exercised
2025-26 $54,755
2026-27 $57,493
Grand Total $261,361

ATTACHMENTS

1. First Amendment

2. Murrieta Increase Letter
CITY OF MURRIETA Page 2 of 2 Printed on 8/15/2024
powered by Legistar™592
01375.0001/937862.4 -1-

AMENDMENT TO THE AGREEMENT WITH

THE CITY OF MURRIETA AND CONSULTANT
Amendment No.: First Amendment
Original Agreement Title (“Agreement”): Agreement between The City of Murrieta and Rogers Anderson Malody & Scott , LLP
Agreement Effective Date: 04/19/2023
Agreement Termination Date: Fiscal Year 24/25
Consultant Name: Rogers Anderson Malody & Scott, LLP
Brief Description of Scope of Services (“Services”): Professional Audit Services This Amendment to the Agreement, made effective on the date executed by the City 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 the above referenced Consultant with reference to the following facts which are acknowledged by each party as true and correct:

RECITALS
Whereas, City is a general law city, formed and existing pursuant to the provisions of the California Government Code.

Whereas, City and Consultant entered into an Agreement on the Effective Date set forth above for the Services.

Whereas, City and Consultant wish to amend the Agreement as further set forth herein.

Whereas, the Agreement was previously modified by the following prior amendments: Click or tap here to enter text.

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

1. The above recitals are true and correct.

2. The following terms of the Agreement are hereby amended to read as follows:

4.1 Consideration. In consideration of the services to be performed by CONSULTANT for the CITY as set forth in Exhibit B, the CITY agrees to pay CONSULTANT the sum of not to exceed $47,300 for the fiscal year ending June 30th 2023, $49,665 for the fiscal year ending June 30th, 2024, and $52,148 for fiscal year ending June 30th, 2025. If the option to renew is exercised the maximum audit fee for fiscal year ending June 30th, 2026 is $54,755 and for fiscal year ending June 30th, 2027 is $57,493.
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01375.0001/937862.4 -2-

3. All other conditions of the Agreement shall continue in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the Agreement to be executed on the dates set forth below.

Signature Page to Follow.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF MURRIETA, a California municipal
corporation
By:

Choose an item.

ATTEST: Date:

Cristal McDonald, City Clerk
Date:

APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Tiffany Israel, City Attorney
Date:

CONSULTANT:

Two corporate officer signatures required when
Contractor is a corporation, with one signature required from each of the following groups: 1) Chairperson of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.) Appropriate attestations shall be included as may be required by the bylaws, articles of incorporation or other rules or
regulations applicable to Contractor’s business City.

By:

Name: Click or tap here to enter text.

Title: Click or tap here to enter text.

Date:
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01375.0001/937862.4 -3-
By:

Name:Click or tap here to enter text.

Title:Click or tap here to enter text.

Date:
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01375.0001/873012.1 15

EXHIBIT B
The performance of Additional Services will require a contract amendment approved by the City Council.

DocuSign Envelope ID: CE3393A0-25C1-4B63-AEA2-4457A6CDBED3 596
May 13, 2024
To the Honorable City Council
City of Murrieta, California
We greatly appreciate your continued partnership with RAMS. Through our first year of our audit contract with the City, we have strived to provide you with exceptional service and support.

As you are aware, the costs of living and wages have been steadily increasing, impacting our operational expenses. Regrettably, these rising costs were not anticipated at the time of our initial proposal. In order to maintain the high quality of service you have come to expect from us, we find it necessary to adjust our fees accordingly.

Therefore, effective with the fiscal year 2024 audit, there will be an annual increase of 5%. This adjustment is essential to ensure that we can continue to meet your needs and deliver the level of service you deserve. Attachment A shows the change for each fiscal year.

We understand that any increase in fees may present challenges, and we want to assure you that we remain committed to providing you with the best value for your investment. We believe that the quality and reliability of our services justify this adjustment.

Please feel free to reach out to us if you have any questions or concerns regarding this fee increase. We value your feedback and are dedicated to addressing any issues you may have.

Thank you for your understanding and continued support. We look forward to continuing our successful partnership.

Respectfully,
597
Attachment A
Contract price 2024 2025 2026 2027
City audit 31,000 $          $         32,000 $         32,000 $         33,000 Appropriations Limit AUP 800                                    830                  830                  850 Single audit ($4,000/addtl program) 5,000                            5,200              5,200              5,400 ACFR preparation 6,000                            6,200              6,200              6,300 State Controller's Report 4,500                            4,760              4,760              5,020 Total not‐to‐exceed (previously contracted)            47,300            48,990            48,990            50,570 Adjusted fee with 5% increase 49,670 $          $         51,440 $         51,440 $         53,100 598

CITY OF MURRIETA
City Council Meeting Agenda
Report
8/20/2024
Agenda Item No. 21.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Javier Carcamo, Finance Director
SUBJECT:

Medical Expense Reimbursement Plan and Amendment to the Retirement Health Savings (RHS) Plan and the Deferred Compensation 401(a) Plan

RECOMMENDATION
Adopt Resolution No. 24-4777 entitled: A Resolution of the City Council of the City of Murrieta, California, Adopting a Medical Expense Reimbursement Plan of the Washington State Council of Fire Fighters Employee Benefit Trust, Approving an Amendment of the Retirement Health Savings (RHS) Plan with Mission Square and Approving an Amendment of the 401a Deferred Compensation Plan with Nationwide; and Authorize the City Manager to execute all related documents.

PRIOR ACTION/VOTE
On April 21, 2009, the City Council adopted Resolution No. 09-2248, fixing the employer’s contribution under the Public Employees’ Medical and Hospital Care Act (Vote 4-0-1).

On July 7, 2009, the City Council adopted Resolution No. 09-2316, adopting a retiree healthcare trust known as the City of Murrieta’s Retiree Healthcare Trust (Vote 4-0-1).

On September 6, 2022, the City Council adopted Resolution No. 22-4614, authorizing consolidation of the City’s 401(a) and 457(b) record keeping platforms (Vote: 5-0).

On June 20, 2023, the City Council adopted Resolution No. 23-4691, Approving a Tentative Agreement for a Successor Memorandum of Understanding between the City of Murrieta and the Murrieta Firefighters Association (Vote 4-0-1).

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

BACKGROUND
Retiree Health Savings
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Agenda Item No. 21.

As in most cities, the City of Murrieta (City) provides employees with healthcare benefits subsequent to their retirement from the city, as outlined in their respective labor agreements, in an effort to remain competitive and recruit and retain the most qualified and talented employees to serve its residents. In July 2009, the City Council approved a retiree healthcare trust, also known as the Retirement Health Savings (RHS) plan, with Mission Square (formerly ICMA-RC) to fund and manage this Post-Employment Benefit for all employees.

The City periodically negotiates with the respective employee organizations through collective bargaining to establish compensation, benefits, and other terms and conditions of employment. During the most recent labor negotiations with the Murrieta Firefighters Association (MFA), the MFA President advised the City’s negotiating team that the MFA members voted in favor of joining the International Association of Fire Fighters (IAFF) "Medical Expense Reimbursement Plan" (MERP) and to discontinue participation in the current RHS plan with Mission Square. The MFA proposal will not impact current MFA retirees receiving post-employment health benefits from the RHS plan.
401(a) Deferred Compensation Plan
Under Sections 457(b) and 401(a) of the Internal Revenue Code (IRC), government entities may sponsor a deferred compensation plan for employees. Since 2000, the City has provided an employer-sponsored deferred compensation plan under Section 401(a) of the IRC with Nationwide. For those MFA members participating in the City’s 457(b) Deferred Compensation Plan, the City contributes to the 401(a) plan an amount matching the employee’s 457(b) contribution not to exceed $2,400.

The MFA President advised the City’s negotiating team that the MFA members request that the City cease making this contribution to the 401(a) Deferred Compensation Plan and instead make a $200 monthly contribution for each MFA member towards the IAFF Medical Expense Reimbursement Plan account. MFA's request to cease the City’s 401(a) matching contribution benefit will require an amendment to the current 401 (a) Deferred Compensation plan.

Medical Expense Reimbursement Plan
The IAFF MERP was established in 1999 as a 501(c)(9) tax-exempt union-sponsored plan to allow firefighters to plan for retirement medical expenses in a highly tax-advantaged manner. The IAFF MERP is a multiemployer Voluntary Employee Beneficiary Association (VEBA) Retiree Medical Trust designed to provide a tax-free lifetime benefit to offset the inevitable medical and other long-term healthcare expenses all firefighters will face. MFA’s requests to transition to the IAFF MERP Retiree Medical Trust will require an amendment to the current RHS plan.

MFA firefighter employees participate in the Plan through employee and employer contributions under the Memorandum of Understanding (MOU) between the City and MFA covering July 1, 2023, through June 30, 2026 (MFA MOU 2023-26). MFA requests firefighter employees who may be promoted out of MFA and into another City represented or non-represented labor group to continue participation in the IAFF MERP through mandatory employee and employer contributions after their promotion.

The employer and employee contributions are summarized below. The full details of retiree health benefit contributions are established in accordance with MFA MOU 2023-26, section 2.26 Retiree Medical Trust.

Tier 1 Employees hired prior to January 1, 2010:
· Upon retirement with the City, redirect RHS employer contribution of $833.43 minus the Public Employees' Medical & Hospital Care Act (PEMCHA) to the employee’s IAFF MERP trust account monthly;
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Agenda Item No. 21.
· Employer contribution of $200 per month; and
· Employee contribution of $200 per month.

Tier 2 Employees hired after January 1, 2010, with ten (10) years of city service at the time of retirement:
· Upon retirement with the City, redirect RHS employer contribution of $360.00 minus the Public Employees' Medical & Hospital Care Act (PEMCHA) to the employee’s IAFF MERP trust account monthly;
· Employer contribution of $200 per month; and
· Employee contribution of $200 per month.

Tier 3 Employees hired after January 1, 2010, and who have fewer than ten (10) years complete years of City service at the time of retirement:
· No IAFF MERP trust benefits
Recommended Actions
If the City Council approves the IAFF MERP Retiree Medical Trust, the current RHS plan with Mission Square and the 401(a) Deferred Compensation Plan with Nationwide must be amended to exclude MFA members from participating in these plans, as proposed by the MFA negotiating team during labor negotiations. The amended adoption agreement for the RHS plan and the 401(a) Deferred Compensation Plan are attached to the resolution. The joinder and trust Agreements to establish the IAFF MERP are also attached to the resolution.

FISCAL IMPACT
The recommended actions have no fiscal impact. The administration, management, and investment fees for the IAFF Medical Expense Reimbursement Plan are paid by the employees who opt to participate in this program. The City and the Murrieta Firefighters Association (MFA) agreed that effective the first full pay period after City Council approval, the City shall cease making contributions to the 401(a) Retirement Plan and shall make an equivalent mandatory contribution of $200.00 per month on a pre-tax basis.

ATTACHMENTS

1. Resolution No. 24-4777

2. Agreements (Joinder Agreement, Mission Square Retirement Health Savings Adoption Agreement, Nationwide Deferred Compensation Plan 401a Adoption Agreement) CITY OF MURRIETA Page 3 of 3 Printed on 8/15/2024
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RESOLUTION NO. 24-4777

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA,

CALIFORNIA, ADOPTING A MEDICAL EXPENSE REIMBURSEMENT

PLAN OF THE WASHINGTON STATE COUNCIL OF FIRE FIGHTERS

EMPLOYEE BENEFIT TRUST, APPROVING AN AMENDMENT OF THE

RETIREMENT HEALTH SAVINGS (RHS) PLAN WITH MISSION SQUARE AND APPROVING AN AMENDMENT OF THE 401(A) DEFERRED

COMPENSATION PLAN WITH NATIONWIDE
WHEREAS, firefighter employees of the City of Murrieta (City), who are in the bargaining unit represented by Murrieta Firefighters Association, IAFF Local 3540 (MFA), participate in the IAFF Medical Expense Reimbursement Plan (Plan), which provides reimbursement for medical expenses for retired firefighters who meet the eligibility rules of the Plan as adopted by Resolution 2009-2316 and consolidated under 2022-4614; WHEREAS, MFA employees participate in the Plan through employee and employer contributions under the Memorandum of Understanding (MOU) between the City and MFA covering the period July 1, 2023 through June 30, 2026 (MFA MOU 2023-26); and WHEREAS, the governing body of the City has the authority to require mandatory deductions from employee payroll as part of the employee's compensation package for contributions to such Plan to correspond to the MFA MOU 2023-26; WHEREAS, the MFA requests that the City cease making this contribution to the 401(a) Deferred Compensation Plan and instead make a $200 monthly contribution for each MFA member towards the IAFF Medical Expense Reimbursement Plan account; and WHEREAS, the MFA voted to join the International Association of Fire Fighters (IAFF) "Medical Expense Reimbursement Plan" (MERP) and discontinue participation in the current RHS plan with Mission Square.

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

Section 1. That all of the above recitals are true and correct.

Section 2. Murrieta Firefighters Association, IAFF Local 3540, negotiated participation in the IAFF Medical Expense Reimbursement Plan (Plan), which provides reimbursement for medical expenses for retired firefighters who meet the Plan's eligibility rules.

Section 3. Murrieta Firefighters Association, IAFF Local 3540 requests that the City cease making City contributions to the 401(a) Deferred Compensation Plan and instead make a $200 monthly contribution for each MFA member towards the IAFF Medical Expense Reimbursement Plan account.
602
Resolution No. 24-4777

Section 4. MFA voted to join the International Association of Fire Fighters (IAFF) "Medical Expense Reimbursement Plan" (MERP) and discontinue participation in the current RHS plan with Mission Square.

Section 5. All aspects of the Plan contributions for MFA members, including the timing, manner, and reporting of the contributions, will be determined according to the terms of the MFA MOU 2023-26 with the City, as amended from time to time.

Section 6. Authorize the City Manager to execute all necessary documents to implement the Medical Expense Reimbursement Plan of the Washington State Council of Fire Fighters Employee Benefit Trust, amend the Retirement Health Savings (RHS) plan with Mission Square, and the 401(a) Deferred Compensation Plan with Nationwide.

Section 7. That this Resolution shall take effect upon its adoption by this City Council.

PASSED, APPROVED, AND ADOPTED this 20th day of August, 2024, by the City Council of the City of Murrieta, State of California.
______________________________
Lori Stone, Mayor
ATTEST:
_______________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
_________________________
Tiffany Israel, City Attorney
603
Resolution No. 24-4777

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 24-4777 was duly adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 20th day of August, 2024, and was signed by the mayor of said City and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
604

IAFF MEDICAL EXPENSE REIMBURSEMENT PLAN

JOINDER AGREEMENT FOR IAFF LOCALS
{14072/A0788116.1}
Dr. 6/21/23
(1) Negotiated contribution. The undersigned IAFF Local (hereafter “Association”) and Employer acknowledge receipt of a copy of the IAFF Medical Expense Reimbursement Plan (“Plan”) and Trust Agreement governing the Washington State Council of Fire Fighters Employee Benefit Trust (hereafter “Trust Agreement”). Association and Employer have negotiated a mandatory contribution into the Trust pursuant to the Memorandum of Understanding Between the City of Murrieta and the Murrieta Firefighters Association Firefighters-Engineers-Captains (hereafter “MFA CBA”) and Memorandum of Understanding Between the City of Murrieta and the Murrieta Fire Management Association (hereafter “MFMA CBA”)(collectively “CBAs”). (2) Request to participate. Request is hereby made that employees represented by the Murrieta Firefighters Association, IAFF Local 3540 and the Murrieta Fire Management Association be participating employees in the “IAFF Medical Expense Reimbursement Plan” (hereafter “Plan”). The Plan provides retiree medical expense reimbursement benefits. In consideration of the granting of this request, the Association hereby agrees to be bound by the terms, conditions and provisions of said Trust Agreement and Plan. (3) Monthly or per pay period contribution rate. The contribution rate to the Trust is set forth in ARTICLE 2.26 of the MFA CBA and in ARTICLE 2.20 of the MFMA CBA. Attached is a true and complete copy of the CBAs, effective July 1, 2023, authorizing contributions to the Plan. The Association or Employer shall provide the Trust with a copy of any successor CBAs executed after the effective date of the CBAs referenced in this paragraph.

The attached Council Resolution for Defined Class employees promoted out of the IAFF Local or Fire Management Unit (the “Promoted Employees”), authorizes contributions for employees who promote out of the Associations. (Contribution levels for promoted employees cannot exceed contribution levels for Association employees.) (4) In-lieu/Cafeteria/Flexible Benefits Contributions. There is not a provision in the CBAs regarding a mandatory contribution of “Inlieu Incentive” for employees waiving employer-provided health insurance benefits and/or cafeteria/flexible benefits funds. (5) Leave transfers. There are provisions in the CBAs regarding a mandatory sick and vacation leave contribution to the Trust, at ARTICLE 2.26 of the MFA CBA and in ARTICLE 2.20 of the MFMA CBA. Tt is for a transfer of leave at separation. There is not also a provisions in the CBA regarding other mandatory Lump Sum Transfers (as defined in the Plan) to the Trust on behalf of employees.

There is a provision in the Council Resolution regarding a mandatory sick and vacation leave transfers to the Trust on behalf of Promoted Employees, at Section 4. It is for a transfer of leave at separation. There is not a provision in the Council Resolution regarding other mandatory Lump Sum Transfers (as defined in the Plan) to the Trust on behalf of Promoted Employees. (6) Retiree contributions. There are provisions in the CBAs for Retiree Contributions to the Trust on behalf of retired employees at ARTICLE 2.26 of the MFA CBA and in ARTICLE 2.20 of the MFMA CBA. There is a provision in the Council Resolution for Retiree Contributions to the Trust on behalf of retired Promoted Employees at Section 5. (7) No individual election to participate. Associations and Employer certify that all contributions (including transfer of sick or vacation leave) will be made on all employees in the bargaining unit, as stated in the CBAs, and employees may not individually elect against participation in the Plan.
(8) Contribution Reporting. The Employer shall electronically submit to the Trust Office a report of contributing employees, with sufficient identifying information pursuant to the reasonable rules of the Trust, for each contribution sent to the Trust within 5 business days of the contribution transfer. The Employer shall also provide an initial report of contact and identifying information for all contributing employees, in a format reasonably requested by the Trust, and shall send updates to this information to the Trust Office whenever the Employer has notice of changes to the information contained therein. (9) Contribution Delinquencies. The Associations acknowledge that the Trust Agreement contains provisions regarding pursuit of delinquent contributions, and the Associations agree to cooperate with the Trustees in proceedings to recover such delinquent contributions. The Employer and Associations acknowledge that federal law imposes penalties on the employer for late contributions, currently for contributions received by the Plan more than 90 days after the date the salary would have been payable to the employee. (10)Pooled Sharing of Risk and Costs. The Associations acknowledge that the Trustees pool all contributions except for Lump Sum Transfers (as defined the Plan) (e.g., sick and/or vacation leave); that the Trust and Plan operate based on a multiemployer basis, sharing costs and risk between all participants, and not based only on the employees in these Associations; and that the monthly benefit levels will be set based on actuarial projections for the entire Trust population, and not based only on the employees in these Associations.
605
Joinder Agreement

IAFF MERP

{14072/A0788116.1}
(11)Term. This Agreement shall be effective upon the Trust’s receipt of the first contribution and shall remain in effect unless terminated in accordance with the terms of the Trust Agreement. Written notice of termination must be received by either party prior to the first day of the month in which participation is to be terminated.

Approved by: Acknowledged by:

By Association (Authorized Signature) By Employer (Authorized Signature) Print Name & Title Print Name & Title
Date Date
Contact person at Association: Contact person at Employer:
__________________________________________________ ___________________________________________ (Name and Title) (Name and Title)
___________________________________________
(Phone and Email) (Phone and Email)
_________________________________________________ ___________________________________________ (Street Address) (Street Address)
By Fire Management Association (Authorized Signature)
Print Name & Title
Date
Contact person at Fire Management Association:
__________________________________________________
(Name and Title)
(Phone and Email)
_________________________________________________
(Street Address)
606
Joinder Agreement

IAFF MERP

{14072/A0788116.1}
IAFF MERP Joinder Agreement
Re: Murrieta Firefighters Association and Murrieta Fire Management Association Approved and Processed for the Board of Trustees
By the Trust Office
Return completed Agreement to Trust Office:
c/o Vimly Benefit Solutions, Inc.
(Signature) P.O. Box 6, Mukilteo, WA 98275
Phone: 425.367.0743
Fax: 866.676.1530
(Print Name) Email: [email protected]
(Date)
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CITY OF MURRIETA
City Council Meeting Agenda
Report
8/20/2024
Agenda Item No. 22.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Javier Carcamo, Finance Director
PREPARED BY: Paige Hartman-Salazar, Management Analyst - Special Projects SUBJECT:

Transaction and Use Tax Citizens Oversight Committee Bi-Annual Report

RECOMMENDATION
Receive and file.

PRIOR ACTION/VOTE
On July 17, 2018, the City Council adopted Resolution No. 18-3953, proposing an ordinance enacting a transaction and use tax be placed on the November 6, 2018, ballot (Measure T) (Vote: 5-0).

On December 18, 2018, the City Council adopted a Resolution declaring the results of the November 6, 2018, General Municipal Election, including therein adoption of Ordinance No. 540-18 enacting a transaction and use tax (vote: 5-0).

On February 5, 2019, the City Council adopted a Resolution entitled: A Resolution of the City Council of the City of Murrieta, California Establishing an Advisory Transaction and Use Tax Citizens Oversight Committee (Vote: 5-0).

CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency and provide a high level of innovative public safety.

BACKGROUND
In November 2018, Murrieta voters passed ballot Measure “T,” a one-cent Transaction and Use Tax. Measure T is a general tax revenue source to maintain the City of Murrieta's (City) long-term financesand provide funding for general services, including faster response times to emergencies, improved fire protection/paramedic services, increased police sworn personnel to strengthen crime prevention, reduced gang activity/drug crimes, graffiti removal, parks and recreation, and street maintenance/pothole repair.

On December 18, 2018, the City Council adopted Ordinance No. 540-18, enacting a voter-approved CITY OF MURRIETA Page 1 of 7 Printed on 8/15/2024
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Agenda Item No. 22.

Transaction and Use (District) Tax, often informally referred to as Measure T.

On February 5, 2019, the City Council adopted Resolution No. 19-4043, establishing an Advisory Transactions and Use Tax Citizens Oversight Committee. The Citizens Oversight Committee oversees Measure T sales tax revenues and expenses as described in the resolution, and their scope of review is summarized as follows:
· Review revenue and expenditure reports prepared by staff as they relate to the receipt and use of Transactions and Use Tax revenue;
· Receive and consider reports from the City Manager or designee on the operational impacts City-wide; · Review economic trends;
· Deliver a biennial report to the City Council on the revenue and expenditure history for the prior biennial budget period, including how expenditures align with priorities set by the City Manager under the authority of and in keeping with the annually established goals of the City Council; and · Review staff recommendations to the City Council on future use (based on revenue and expenditure reports and economic trends).

This Measure T Oversight Report summarizes Measure T revenues and expenditures from Fiscal Year 2020/21 through Fiscal Year 2022/23, as well as the services enhanced by Measure T funds and other accomplishments using this funding source. It shows the importance of Measure T revenues to the City's current and future financial health and supports City Council priorities, which include the following:

1. Maintain Public Safety Services
· Increase Police and Fire staffing to keep pace with population growth and improve emergency response times

2. Address Deferred Maintenance & Aging Infrastructure
· Repave/repair roads, bridges, sidewalks, city facilities, parks and landscaping; and · Improve graffiti removal response

3. New Capital Improvements
· Replace aging emergency response apparatus; and
· Keller Road Interchange to provide faster response times A draft of this report was shared with the Transaction and Use Tax (Measure T) Oversight Committee, and the Committee members were advised that this item would be on the City Council agenda for the August 20, 2024 meeting.

Fiscal Year 2020/21 Revenues, Expenditures, and Accomplishments Revenues
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Agenda Item No. 22.

Expenditures
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Agenda Item No. 22.

Accomplishments
· 43 authorized positions funded by Measure T since inception; · 73% of Measure T budget dedicated to public safety;
· Purchase of five Police patrol vehicles and one traffic motorcycle; · Police building roof repair;
· Purchase of Type 1 fire engine;
· Purchase of two Type 6 fire engines;
· Purchase of turnout gear and other Fire Department services and equipment; · Purchase of four self-check-out kiosks for the Library; and · Vehicle lease program.

Fiscal Year 2021/22 Revenues, Expenditures, and Accomplishments CITY OF MURRIETA Page 4 of 7 Printed on 8/15/2024
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Agenda Item No. 22.

Revenues
Expenditures
Accomplishments
· 57 authorized positions since inception;
· 71% of the budget dedicated to public safety;
· Building maintenance and bay doors replacement at Fire Station 1; · Replacement of four (4) cardiac monitors for LifePak 15; · Public Safety Enterprise Communication (PSEC) radio system equipment and start-up costs; · Purchase of safety equipment and turn-out gear;
· Concealed Carry Weapon (CCW) background investigations and media consulting contract; and · Purchase of Tasers and body-worn Cameras.

FY2022/23 Revenues, Expenditures, and Accomplishments
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Agenda Item No. 22.

Revenues
Expenditures
Accomplishments
· 60 authorized positions funded by Measure T since inception; · 70% of the Measure T budget is dedicated to public safety; · Tasers, body-worn cameras, licenses, and technical support for Evidence.com; · 3 Police vehicles, including uplifting cost;
· Auto dispatch system, EMS priority dispatch system, and training; · Turnout safety equipment and self-contained breathing apparatus safety equipment; · Data incident response system;
· Public Safety Enterprise Communication System (PSEC) radio system equipment; · Fire station repairs, interior paint, fuel tank paint, Station 2 bay door replacement; · Economic Development marketing, data market research, conferences and training; · Development Services Department backfill personnel for EnerGov system implementation; · Citywide vehicle lease program; and
· Traffic Engineering services.

Conclusion
This Transaction and Use Tax bi-annual report from the Transaction and Use Tax Oversight Committee encapsulates the importance of the Measure T fund. It highlights Measure T's successful execution and accomplishments, which is essential funding for various facets of Murrieta's municipal services.

Throughout the outlined period, from FY 2020/21 to FY 2022/23, Measure T revenues have played a crucial role in fortifying critical areas of public concern. The report underscores the substantial impact of Measure T funds on strengthening public safety services, thereby improving emergency response times and enhancing overall community safety.

Secondly, Measure T funds have been allocated to address Murrieta's pressing issue of deferred maintenance and aging infrastructure. This involves vital tasks such as road repairs, facility maintenance, and graffiti removal, contributing significantly to the city's aesthetic appeal, functionality, and safety.

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Agenda Item No. 22.

Lastly, the report highlights the Measure T Fund's role in facilitating new capital improvements within Murrieta.

These encompass a range of projects aimed at enhancing community amenities and infrastructure, such as developing sports parks and implementing essential transportation infrastructure like the Keller Road interchange.

Overall, the summary paints a picture of the Measure T Fund as a vital revenue source for Murrieta's quality of life.

Measure T Committee Recommendations
The Transaction and Use Tax Oversight Committee recommends that Measure T funding continue to be used to enhance public safety services, public facilities, and infrastructure maintenance, as well as to support capital improvement projects and to maintain fiscal stability.

FISCAL IMPACT
No fiscal impact.

ATTACHMENTS
None.

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CITY OF MURRIETA
City Council Meeting Agenda
Report
8/20/2024
Agenda Item No. 23.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bernard Molloy, Fire Chief
PREPARED BY: Doug Strosnider, Fire Marshal
SUBJECT:

SB 1205 Compliance Report for 2023 State-Mandated Annual Fire Inspections

RECOMMENDATION
Adopt Resolution No. 24-4778 entitled: A Resolution of the City Council of the City of Murrieta, California, Acknowledging Receipt of a Report Made by the Fire Chief of the Murrieta Fire Department Regarding the Inspection of Certain Occupancies Required to Perform Annual Inspections in Such Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.

PRIOR ACTION/VOTE
None.

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

BACKGROUND
California signed into law Senate Bill 1205 (SB1205) in 2018. SB 1205 amended the California Health and Safety Code (HSC) as of January 1, 2019, to add Section 13146.4. This new provision requires fire departments, who are mandated to perform annual inspections pursuant to Sections 13146.2 and 13146.3 of the HSC, to report their compliance annually to its administrating authority, in this case, the City Council. HSC sections 13146.2 and 13146.3 mandate fire departments conduct annual inspections of all public and private schools, hotels, motels, lodging houses, and apartment houses. Pursuant to the new HSC section 13146.4, Murrieta Fire & Rescue is submitting this report to demonstrate the fire department’s compliance with this section.

Murrieta Fire & Rescue’s (MF&R) Community Risk Reduction Division has achieved 100% compliance in inspecting the state-mandated occupancies in Murrieta. Currently, there are 35 legitimate schools (EOccupancies), 6 Hotels with 707 rooms (R-1 Occupancies), and 35 Multi-family Dwellings with 5,043 apartment units (R-2 Occupancies). As of May 2024, we have an additional 2,752 apartment units under construction and expect two or three new hotels to commence construction within the next year. MF&R fire inspectors completed all known CA State-mandated inspections. It is worth noting that the properties included CITY OF MURRIETA Page 1 of 2 Printed on 8/15/2024
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Agenda Item No. 23.
inspectors completed all known CA State-mandated inspections. It is worth noting that the properties included in these categories are generally very large, and it takes a considerable amount of time to complete a full fire inspection on these properties. The Murrieta Fire & Rescue Community Risk Reduction Division is prepared to ensure SB1205 inspections remain at 100% compliance, even with the substantial growth of R-1 and R-2 occupancies coming into the City.

FISCAL IMPACT
No fiscal impacts will result from filing and accepting this report.

ATTACHMENTS

1. Resolution No. 24-4778
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RESOLUTION NO. 24-4778

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MURRIETA, CALIFORNIA, ACKNOWLEDGING RECEIPT OF A

REPORT MADE BY THE FIRE CHIEF OF THE MURRIETA FIRE

DEPARTMENT REGARDING THE INSPECTION OF CERTAIN

OCCUPANCIES REQUIRED TO PERFORM ANNUAL INSPECTIONS IN
SUCH OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE.

WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018; and
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 require all fire departments, including the Murrieta Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided; and
WHEREAS, California Health & Safety Code Section 13146.2 requires all fire departments, including the Murrieta Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3; and WHEREAS, the City Council of the City of Murrieta intends this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the Murrieta Fire Department’s compliance with California Health and Sections 13146.2 and 13146.3.

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

Section 1. That said City Council expressly acknowledges the measure of compliance of the Murrieta Fire Department with California Health and Safety Code Sections 13146.2 and 13146.3 in the area encompassed by the City of Murrieta, as follows:

A. EDUCATIONAL GROUP E OCCUPANCIES:

Educational Group E occupancies are generally public and private schools used by more than six persons at any one time for educational purposes through the 12th grade. Within the City of Murrieta, there are 35 Group E occupancies, buildings, structures, and/or facilities.

During the calendar year 2023, Murrieta Fire Department staff completed the annual inspection of 35 Group E occupancies, buildings, structures, and/or facilities. This is a compliance rate of 100 % for this reporting period.

Additional items of note regarding this compliance rate can be found in the accompanying staff report for this resolution.
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B. RESIDENTIAL GROUP R OCCUPANCIES:

Residential Group R occupancies, for the purposes of this resolution, are generally those occupancies containing sleeping units and include hotels, motels, apartments (three units or more), etc., as well as other residential occupancies (including a number of residential care facilities).

These residential care facilities have a number of different sub-classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc. The residents may also be non-ambulatory or bedridden. Within the City of Murrieta, there lie 340 Group R (and their associated sub-categories) occupancies of this nature. 5,043 apartments, 707 hotel rooms.

Section 2. During the calendar year 2023, the Murrieta Fire Department completed the annual inspection of 340 Group R occupancies, buildings, structures, and/or facilities. This is a compliance rate of 100 % for this reporting period.

Section 3. That the City Council acknowledges receipt of the compliance rate report which can be found in the accompanying staff report for this resolution.

PASSED AND ADOPTED this 20th day of August, 2024.
____________________________
Lori Stone, Mayor
ATTEST:
_____________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
_____________________________
Tiffany Israel, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§

CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 24-4778 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 20th day of August, 2024, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Cristal McDonald, City Clerk
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CITY OF MURRIETA
City Council Meeting Agenda
Report
8/20/2024
Agenda Item No. 24.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bernard Molloy, Fire Chief
PREPARED BY: Sue Ann Herring, Assistant Management Analyst - Fire SUBJECT:

Trauma Intervention Program Agreement

RECOMMENDATION
Approve a three-year agreement with Trauma Intervention Programs, Inc., for trauma intervention counseling services retroactively effective July 1, 2024;
Authorize the exemption from bidding requirements; and
Authorize the City Manager to execute the agreement for a total not to exceed $29,400.

PRIOR ACTION/VOTE
On June 6, 2023, the Board of Directors of the Murrieta Fire District adopted Joint Resolution No. 23-4671 et al., approving the District’s Operating Budget for Fiscal Year 2023/24 and 2024/25 (Vote: 4-0-1).

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

BACKGROUND
The City of Murrieta Fire & Rescue Department has been working with the Trauma Intervention Program (TIP) since 1996 to provide trauma intervention counseling services to families experiencing a traumatic situation during an emergency incident. TIP is a non-profit group of highly trained volunteers who are dispatched, as needed, at the request of Firefighters during emergency response calls to assist victims and families experiencing trauma such as casualties, loss of loved ones, loss of housing, fire damages, emotional distress and post-trauma issues with emotional and practical support. TIP provides immediate assistance and comfort to families during the incident and continues to provide critical support with a wide range of family services after the incident.

The Murrieta Fire Department is one of several fire departments in Southern California that retains TIP’s nonprofit counseling services. TIP is currently the only local agency providing non-profit, low-cost trauma services.

They are highly responsive and greatly assist the firefighters in handling family emotional trauma. The annual CITY OF MURRIETA Page 1 of 2 Printed on 8/15/2024
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8/20/2024
Agenda Item No. 24.

They are highly responsive and greatly assist the firefighters in handling family emotional trauma. The annual service costs are aligned with what other local cities are paying and help to cover TIP’s operating expenses only.

Section 3.08.280 of the Municipal Code authorizes competitive bidding procedures, and requirements may be dispensed when the City Council finds that adherence to the procedures in this chapter would be inefficient, impractical, and unnecessary.

Because the contract expired, staff requests approval for the proposed agreement that started on July 1, 2024, for three years, commencing on July 1, 2024, through June 30, 2025, with two one-year options to extend. The annual cost of these services is $9,800.

FISCAL IMPACT
The Fire Department has funding available for the cost of these services in the Operating Budget for Fiscal Year 2024/25 in account number 1513520-60480 for the first year of the agreement. Subsequent years of the proposed agreement will be budgeted during the next Biennial Budget process.

ATTACHMENTS

1. Trauma Intervention Program (TIP) Agreement
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CITY OF MURRIETA
City Council Meeting Agenda
Report
8/20/2024
Agenda Item No. 25.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Anthony Conrad, Police Chief
PREPARED BY: Spencer Parker, Lieutenant - Police
SUBJECT: ..title
Amendment No. 2 to Agreement with Flock Group, Inc. - Automated License Plate Reader Cameras (ALPR)

RECOMMENDATION
Approve the second amendment to the agreement with Flock Group, Inc. to add the Enhanced License Plate Reader package;
Appropriate an additional $15,000 in the Fiscal Year 2024/25 Operating Budget in the Supplemental Law Enforcement Fund (Fund 411);
Authorize the exemption from bidding requirements; and
Authorize the City Manager to execute the agreement and all related documents.

PRIOR ACTION/VOTE
On August 15, 2023, the City Council approved a five-year agreement with Flock Group, Inc. and approved an additional appropriation of $5,500 in the Operating Budget for Fiscal Year 2023/24.

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

BACKGROUND
In January 2022, the Murrieta Police Department entered into a one-year agreement with Flock Group, Inc. to install and access twenty of their Automated License Plate Reader (ALPR) cameras to be deployed throughout the City of Murrieta. In July 2023, based on the efficacy of this ALPR system relative to crime investigations, the Police Department entered into a five-year agreement with Flock Group, Inc. to install and maintain twenty additional ALPR cameras.

Since entering into this beneficial agreement, Flock’s ALPR cameras continue to provide the Police Department with real-time alerts, which help with critical incident response and investigative efficiency. They operate 24/7 CITY OF MURRIETA Page 1 of 2 Printed on 8/15/2024
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8/20/2024
Agenda Item No. 25.
with real-time alerts, which help with critical incident response and investigative efficiency. They operate 24/7 and capture objective vehicle data around the clock to multiply their investigative ability. The cameras require little to no infrastructure, and the vendor handles procurement, permitting, installation, and maintenance for one annual subscription fee.

Additionally, the Murrieta Police Department shares access to its cameras with other California law enforcement agencies and, in turn, receives access to its cameras as well. The nature of this relationship affords the Police Department access to a network of over 2,000 ALPR cameras throughout Southern California and the rest of the State, exponentially increasing investigative capabilities and bolstering the ability to provide the highest level of public safety to its residents.

Current advancements in ALPR software technology allow law enforcement organizations to address significant challenges in tracking suspect vehicles without detailed identifiers, missing license plates, and partial vehicle descriptors. For an annual fee, Flock Group, Inc. offers the “Enhanced License Plate Reader Package” to address these challenges.

The “Enhanced License Plate Reader (Enhanced LPR) Package” is a versatile software add-on for our approved Flock Operating System (FlockOS). This software add-on will include:
· Discovery of hidden links by identifying suspect vehicles traveling together. · Conversion of any digital image into a lead, whether sourced from a citizen’s smartphone or a security camera.
· A multi-geographic perimeter location search will trace a suspect vehicle across multiple crime incidents and allow for the connection of disparate crimes without specific vehicle details or plate numbers.

The purchase of this additional software will boost the efficacy of our current FlockOS, enabling officers and detectives to rapidly access critical information and enhance inter-departmental communication.

Section 3.08.280(B) of the Murrieta Municipal Code authorizes competitive bidding procedures and requirements to be dispensed when the commodity or service can be obtained from only one vendor. In this instance, the software add-on is an exclusive product of our current vendor, Flock Group, Inc.

FISCAL IMPACT
The Department has $100,000 budgeted in Fiscal Year 2024/25 Operating Budget account 1113120-71030.

This amendment requires an additional $15,000 over the next four Fiscal Years, beginning with Fiscal Year 2024/25. The Supplemental Law Enforcement Fund has sufficient funding in its Unassigned Fund Balance for Fiscal Year 2024/25. Staff is requesting a budget appropriation of $15,000 in account 4110030-71030. The remaining three years of the agreement will be factored into future Biennial Budgets.

ATTACHMENTS

1. Flock Safety Amendment No. 2
CITY OF MURRIETA Page 2 of 2 Printed on 8/15/2024
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Flock Safety + CA - Murrieta PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:

Larry Barsocchini
[email protected]
408.317.8617
DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 649
Company Overview
At Flock Safety, technology unites law enforcement and the communities they serve to eliminate crime and shape a safer future, together. We created the first public safety operating system to enable neighborhoods, schools, businesses, and law enforcement to work together to collect visual, audio, and situational evidence across an entire city to solve and prevent crime.

Our connected platform, comprised of License Plate Recognition (LPR), live video, audio detection, and a suite of integrations (AVL, CAD & more), alerts law enforcement when an incident occurs and turns unbiased data into objective answers that increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human privacy.

Join thousands of agencies reducing crime with Flock Safety’s public safety operating system 2000+ 120 1B+ <60%*
communities with privatepublic partnershipsincident alerts / minute 1B+ vehicles detected / month
<60% local crime reduction
in Flock cities
*According to a 2019 study conducted by Cobb County Police Department Introduction
Layer Intelligence to Solve More Crime
The pathway to a safer future looks different for every community. As such, this proposal presents a combination of products that specifically addresses your public safety needs, geographical layout, sworn officer count, and budget. These components make up your custom public safety operating system, a connected device network and software platform designed to transform real-time data into a panoramic view of your jurisdiction and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communities you serve.

Software Platform
Flock Safety's out-of-box software platform collects and makes sense of visual, audio, and situational evidence across your entire network of devices.

DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 650
Out-of-Box Software Features
Simplified Search Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras.

The user-friendly search experience allows officers to filter hours of footage in seconds based on time, location, and detailed vehicle criteria using patented Vehicle Fingerprint ™ technology. Search filters include:
● Vehicle make
● Body type
● Color
● License plates
○ Partial tags
○ Missing tags
○ Temporary tags
○ State recognition
● Decals
● Bumper stickers
● Back racks
● Top racks
National and Local Sharing Access 1B+ additional plate reads each month without purchasing more cameras. Solve cross-jurisdiction crimes by opting into Flock Safety's sharing networks, including one-toone, national, and statewide search networks. Users can also receive alerts from several external LPR databases:

California SVS
FDLE
FL Expired Licenses
FL Expired Tags
FL Sanctioned Drivers
FL Sex Offenders
Georgia DOR
IL SOS
Illinois Leads
NCIC
NCMEC Amber Alert
REJIS
CCIC
FBI
Real-time Alerts Receive SMS, email, and in-app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.

Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live onscene video from a single interactive map for a birdseye view of activity in your jurisdiction.

Vehicle Location Analysis Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.

DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 651
Out-of-Box Software Features (Continued)
Transparency Portal Establish community trust with a public-facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology.

Insights Dashboard Access at-a-glance reporting to easily prove ROI, discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the most significant impact.

Native MDT Application Download FlockOS to your MDTs to ensure officers never miss a Hot List alert while out on patrol.

Hot List Attachments
Attach relevant information to Custom Hot List alerts. Give simple, digestible context to Dispatchers and Patrol Officers responding to Hot List alerts so they can act confidently and drive better outcomes. When you create a custom Hot List Alert, add case notes, photos, reports, and other relevant case information.

Single Sign On (SSO) Increase your login speed and information security with Okta or Azure Single Sign On (SSO). Quickly access critical
information you need to do your job by eliminating the need for password resets and steps in the log-in process.

DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 652
Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We don’t disappear after contracts are signed; we pride ourselves on becoming an extension of your hard-working team as part of our subscription service.

Implementation Meet with a Solutions Consultant (former LEO) to build a deployment plan based on your needs. Our Permitting Team and Installation Technicians will work to get your device network approved, installed, and activated.

User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the platform,
while our customer support team will assist with needs as they arise.

Maintenance We proactively monitor the health of your device network. If we detect that a device is offline, a full-time technician will service your device for no extra charge.

Note: Ongoing maintenance does not apply to Falcon Flex devices.

Public Relations Government Affairs
Get support educating your stakeholders, including city councils and other governing bodies.

Media Relations
Share crimes solved in the local media with the help of our Public Relations team.

DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 653

ORDER FORM
This order form (“Order Form”) hereby incorporates and includes the terms of the previously executed agreement (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.

This additional services Agreement will be effective when this Order Form is executed by both Parties (the “Effective Date”) Customer: CA - Murrieta PD Initial Term: 48 Months
Legal Entity Name: CA - Murrieta PD Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 2 Town Sq Murrieta, California 92562 Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $15,000.00
Flock Safety Flock OS
Enhanced LPR Upgrade Included 1 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Subtotal Year 1: $15,000.00
Annual Recurring Subtotal: $15,000.00
Estimated Tax: $0.00
Contract Total: $60,000.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 654
Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $15,000.00
Annual Recurring after Year 1 $15,000.00
Contract Total $60,000.00
*Tax not included
DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 655
Product and Services Description
Flock Safety Platform Items Product Description Terms
One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

FlockOS Features & Description
FlockOS Features Description
Convoy Search Unearth hidden connections by detecting suspect vehicles that frequently travel together. This tool is invaluable for investigating organized or serial crimes and identifying accomplices.

Visual Search
Transforms any digital photo into a potent investigative lead, enhancing evidence collection. Upload the image of a vehicle into FlockOS® to initiate a reverse image search that will help you identify crucial suspect vehicle information and unlock dead-end investigations.

Multi Geo Search Connects the dots between multiple crimes and crime scenes. Link a suspect vehicle to multiple incidents based on location, without needing a vehicle description or plate number.

Custom Hot List Attachments The ability to add case notes, photos, reports, and other relevant case information to Custom Hot List Alerts Custom Hot List Deconfliction Allows Flock Safety users to identify overlapping investigations within their agency and within other law enforcement agencies and provide the contact information of opted-in parties to facilitate collaboration.

Unlimited Vehicle Description Alerts
Users can set up and receive notifications for suspect vehicles based on body type, make, color, location and timeframe. Notifications are sent via app, SMS or email when a vehicle matching the predetermined criteria passes a camera in your organization&#39;s network.

DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 656
By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the previously executed agreement.

The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - Murrieta PD
By:
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By:
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Name:
\FSFullname2\
Name:

Title:
\FSTitle2\
Title: City Manager\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
PO Number:

DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 Mark Smith
Kim Summers
657
Law Enforcement
Customer Implementation Guide
DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 658
Customer Implementation Guide: LAW ENFORCEMENT 1
Implementation Timeline

Flock Safety Team

Implementation Service briefs: Existing Infrastructure
vs Standard vs Advance4
. Existing Infrastructure ImplementatioP
. Standard ImplementatioP
. Advanced Implementation

Things to Consider When Selecting Locations

Customer Responsibilities: AC-Powered Cams

Electrician HandouY
. Electrician Installation Step:
. FAQs about AC-Powered Flock Cameras

Installation Service Brief Summary

Permitting: Pre-Install QuestionnairI
&% TimelinI
"% Right of Wa[
$% AC Power vs. Sola?
!% Traffic Control & Installation Method:
% Paperwork & Required Form:

% Contacts

*Fee Schedule

Help Center

Customer Support

................................................................. 2

............................................................................ 3

............. 6

......................... 12

........................ 14

........................................................................ 15

............................................. 18

.......................................... 19

................................................................................. 21

..................................................................................... 22

.......................................................................... 22 Table of Contents
DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 659
Review Locations Confirm camera locations with your sales representative FLOCK: Your sales representative will present several viable options for camera locations

CUSTOMER: Review Deployment Plan & approve camera locations

Please Note: If Public Works is required to move forward, please obtain approval finalize Locations Prepare for finalized camera locations FLOCK: Confirm Deployment Plane and signed agreement. Flock will move forward with next steps for locations that don't need permits (minimum 10 locations needed to move forward with partial installation)

CUSTOMER: Prepare the below items, as neede¸
If permits are required, begin application procesƒ
If camera will be AC-powered, hire an electrician/street department Step 1 Conduct On-site Survey & Place Flags
FLOCK: Flock technician conducts site survey to (1) evaluate/reconfirm solar or power access, (2) check line of sight to the road, and (3) evaluate/reconfirm cellular service in the area. When the technician deems the locations suitable, s/he will place a white flag at each spot

If the initially determined locations don't meet Flock standards, we will evaluate a new location, obtain customer approval, and redo a site survey. This may push timeline for installation
PLEASE NOTE:

Step 2 Call 811
FLOCK: Flock Safety will coordinate with Call 811 to mark each camera location for underground utilities within a 10 foot radius

Call 811 is a government service, so turnaround times may vary and is outside of Flock control
PLEASE NOTE:

Step 3 Schedule Installation
FLOCK: Flock will (1) ship any site specific material that the technician does not have locally (2) schedule the installation date
Step 4 Install & Validate Cameras
FLOCK: After installation, your Onboarding Specialist will confirm that cameras are capturing footage well and functioning properly. They will then give you full access to the system along with helpful training resources
Ongoing as Needed Finalize Any Installation Needs
FLOCK: While we typically complete installations within 4 weeks of finalizing locations, delays may occur due to external factors. In these instances, we will continue to work through this process until your cameras are fully installed and operational 2 This timeline provides general guidance and understanding of your installation process. While we typically complete installations 6-8 weeks after locations have been finalized, delays can occur as noted in the timeline below:

Implementation Timeline
DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 660
Implementation Team How They Will Support You
Field Operations
Team
W The Field Operations team is responsible for the
physical installation and maintenance of
cameras and associated equipment provided by
Flock. This includes a large team of technicians,
schedulers, and many others involved in
ensuring the delivery of the product.A
W They take the technical plan you finalized with
Product Implementation and work closely with
other teams at Flock to make sure that the
cameras are installed quickly and safely and in
a way that maximizes the opportunity to solve
crime at a specific location3
W *Note*: For
, please always direct them to your
and not the
technician.
all Installation questions or
concerns
Customer Success Manager
Project Manager
Your is your
Your project manager will guide you through the
entire installation process, keeping you apprised
of all implementation updates as well as answering
any questions you have during this time. They will
ensure that all the cameras are on the ground and
operating for at least 48 hours before transitioning
you to your Customer Success Manager.

Project Manager primary contact
during camera installation.

3 Flock Safety Team
DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 661
Relationship Team How They Will Support You
Flock Safety
Support
The Flock Safety Support team is committed to
answering all your day-to-day questions as quickly
as possible. , simply
email
Support can help you4
3 Request camera maintenancW
3 Troubleshoot online platforH
3 Contract / Billing questionC
3 Update account informatio;
3 Camera Sharing questionC
3 Quick “How to” questions in your Flock Account
To get in touch with support
[email protected] or call
866-901-1781 Mon-Fri 8am-8pm EST.

Customer Success

Manager
Your Customer Success Manager is your strategic
partner for your lifetime as a Flock customer.

While the cameras are getting installed, your CSM
will help get your account set up and get all key
users trained on the system.

Post-Camera-Installation, your CSM will be your
go-to for most account-related needs: You should
reach out to them to4
3 Set up Account Trainin¤
3 Understand benefits of featureC
3 Learning best practices for getting relevant
dat¨
3 Identifying opportunities to expand the security
network in your are¨
3 Provide feedback on your partnership with
Flock
4 DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 662
Outside Party When they may be involved
If the Flock cameras need to be AC powered, you
(customer) are responsible for providing an
electrician to ensure power connectivity
Electrician/Street
Department
To weigh in on the use of public Rights of Way or
property Public Works (LE)
If installation in your area requires permitting
Department of
Transportation
(DOT), City, or
County agencies
5 PLEASE NOTE: On some occasions, third parties outside of Flock Safety may be (or need to be) involved in your implementation.

DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 663
Included in scope:

Once designated locations are approved by the customer, as part of the Flock will perform the following

An in-person site survey to confirm the installation feasibility of a location (location assessment, solar assessment, visibility review, etc. Cameras need sufficient power. Since a solar panel is required per camera, it can prevent adequate solar power if two cameras and two solar panels are on a single pole (blocking visibility). Therefore

if relying on solar power, only one camera can be installed per pole Confirm that a location is safe for work by following State utility locating procedures.(
Each installation may include the following

Installation of camera and solar panel or AC adapter box  on a suitable existing pole

Existing
Infrastructure Implementation Service
COST: $150 per camera (one time cost)
Existing Infrastructure Implementation
Existing
Infrastructure Install
Pole None Flock NCHRP 350 /
MASH
Timeline Short Medium Longest
Cost Lowest Mid Highest
Standard
Install
Advanced
Install
Implementation Service Briefs: Existing
Infrastructure vs Standard vs Advanced
6 DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 664
7 Out of scope:

By default, Flock does include the following as part of the but can provide a quote for sourcing at
an additional cost
 Mounting on mast arms (always require bucket truck and traffic control  Call 811 ‘Call-before-you-Dig’ syste
 Installation of any poles including but not limited tD  Standard, 12’ above grade
 NCHRP 350 or MASH approved pole (as may be required for locations in DOT right of way
 A Bucket Truck for accessing horizontal/cross-beams and/or height above 14  Special equipment rentals for site acces!
 Site-specific engineered traffic plan!
 Third-party provided traffic contro'
 State or city-specific specialty contractor licenses or unique attachment/ connection requirement!
 Custom engineered drawingsG
 Electrical work requires a licensed electrician.
not Existing
Infrastructure Implementation Service
Flock breakaway polO
 Types of existing infrastructure such as existing utility, light, and traffic signal polesŽ
 Pole no higher than 8’-12’ (approval at Flock Safety’s discretion  Flock will provide and mount an AC adapter unit that a qualified electrician can connect to AC power following our
. Flock is unable to make any AC connections or
boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material). Electrical work requiring a licensed electrician and associated costs, not included in the scopeŽ
 Access requiring up to a 14’ using an A-frame ladde‹
 Standard MUTCD traffic control procedures performed by a Flock technicia™
 Obtain a business license to operate in the city and state of camera location

electrical wiring
requirements
DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 665
8 Included in scope:

Once designated locations are approved by the customer, as part of the Flock will perform the following

An in-person site survey to confirm the installation feasibility of a location (location assessment, solar assessment, visibility review, etc.)&

Confirm that a location is safe for work by following state utility locating procedures. Work with local utilities to prevent service interruptions during the installatio,

Engage 811 ‘Call-before-you-Dig’ system to receive legal dig dat/

Apply approved markings Coordinate with 811 regarding any necessary high-risk dig clearances or required vendor meet;

Each installation may include the following

Installation of camera and solar panel with
Standard Implementation Service
standard, 12’ above grade
Flock breakaway pole

COST: $650 per camera (one time cost)
Standard Implementation

Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power but cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material)y

Concrete cuttinx

Private utility search for privately owned items not included in standard 811 procedures (communication, networking, sprinklers, etc.‚

Upgrades to power sources to ready them for Flock power (additional fuses, switches, breakers, etc.‚

Any fees or costs associated with filing for required city, county, or state permit;

Licensing or attachment agreements with asset / infrastructure owners&

Utility contracts and billing&

Customer requested relocations (see fee schedule)
DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 666
9 Out of scope:

By default, Flock does include the following as part of the Standard Implementation Service but can provide a quote for sourcing at an additional cost  Use and/or mounting to existing infrastructure9
 NCHRP 350 or MASH approved pole (as may be required for locations in DOT right of way
 A Bucket Truck for accessing horizontal/cross-beams and/or height above 14  Special equipment rentals for site acces#
 Site-specific engineered traffic plan#
 Third-party provided traffic contro)
 State or city-specific specialty contractor license#
 Custom engineered drawingsF
 Electrical work requires a licensed electrician.F
 Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power but cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material)9
 Concrete cuttin
 Private utility search for privately owned items not included in standard 811 procedures (communication, networking, sprinklers, etc.) not
 Installation of camera and AC adapter that a qualified electrician can connect to AC power on a suitable existing pole, no higher than 8-12’ (approval at Flock Safety’s discretion
 Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power following our . Flock
is unable to make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material). Electrical work requiring a licensed electrician and associated costs, not included in the scope9
 Access requiring up to a 14’ A-frame ladden
 Standard MUTCD traffic control procedures performed by a Flock techniciat  Obtain a business license to operate in the City and State of camera location electrical wiring requirements
DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 667
10 & Upgrades to power sources to ready them for Flock power (additional fuses, switches, breakers, etc.
& Any fees or costs associated with filing for required city, county, or state permit
& Licensing or attachment agreements with asset / infrastructure owners & Utility contracts and billing
& Customer requested relocations (see fee schedule)
Included in scope:

Once Designated Locations are confirmed, as part of the , Flock will perform the following=
& An in-person site survey to confirm the installation feasibility of a location (location assessment, solar assessment, visibility review, etc.) & Confirm that a location is safe for work by following State utility locating procedures. Work with local utilities to prevent service interruptions during the installatioU
& Engage 811 ‘Call-before-you-Dig’ system to receive legal dig datY & Apply approved markings Coordinate with 811 regarding any necessary high-risk dig clearances or required vendor meet
& Each installation may include the following=
& Installation of camera and solar panel on a suitable
approved pole0
& Installation of camera and AC adapter that a qualified electrician can connect to AC power0
& Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power following our .

Flock cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material).

Advanced
Implementation Service
NCHRP 350 or MASH
electrical wiring requirements
COST: $1,900 per camera (one time cost)
Advanced Implementation
DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 668
11 Out of scope:

By default, Flock does not include the following as part of the but can optionally provide a quote for sourcing
(additional cost)
 Installation on or existing
infrastructure

 A Bucket Truck for accessing horizontal/cross-beams and/or height above 14  Special equipment rentals for site acces
 Site-specific engineered traffic plan
 Third-party provided traffic contro&
 State or City-specific specialty contractor license
 Custom engineered drawing
 Electrical work requires a licensed electrician. Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power but cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material)

 Concrete cuttin

 Private utility search for privately owned items not included in standard 811 procedures (communication, networking, sprinklers, etc.  Upgrades to power sources to ready them for Flock power (additional fuses, switches, breakers, etc.
 Fees or costs associated with filing for required City, County, or State permits Advanced
Implementation Service
Standard, 12’ above grade Flock breakaway pole
s
 Access requiring up to a 14’ A-frame laddey
 Standard MUTCD traffic control procedures performed by a Flock techniciap
 Obtain a business license to operate in the City and State of camera location Electrical work requiring a licensed electrician and associated costs, not included in the scope.

DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 669
12 - Mountin(
- They can be mounted on existing utility, light, traffic signal poles, or 12 foot Flock poles.
- They should be mounted one per pole. If using AC power, they can be mounted 2 per pole.
- They can be powered with solar panels or direct wire-in AC Power (no outlets).
- They will require adequate cellular service using AT&T or T-Mobile to be able to process & send images.
/
**
**/
- PlacemenB
- They capture vehicles driving away from an intersection.  - They cannot point into the middle of an intersection. - They should be placed after the intersection to prevent stop and go motion activation or “stop and go” traffic.

Falcon Cameras
- Use Caser
- Flock LPRs are designed to capture images
of rear license plates aimed in the direction
of traffic.
- Flock LPRs are not designed to capture
pedestrians, sidewalks, dumpsters, gates,
other areas of non-vehicle traffic,
intersections.

Things to Consider When Selecting Locations
*
**
***
Permitting (or permission from pole owner) may be required to use existing infrastructure or install in specific areas, depending on local regulations & policies.

Cameras need sufficient power. Since a solar panel is required per camera, it can prevent adequate solar power if two cameras and two solar panels are on a single pole (blocking visibility). Therefore if relying on solar power, only one camera can be installed per pole.

Flock does not provide Electrical services. Once installed, the agency or community must work with an electrician to wire the cameras. Electrician services should be completed within two days of installation to prevent the camera from dying.

DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 670
13 Pole

not
If a location requires a "DOT Pole” (i.e., Advanced
Pole, Flock standard pole), the implementation
cost will be $5,000/camera.

Solar Panels

Solar panels need unobstructed southern-facing
views.

DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 671
14 Customer Responsibilities: AC-Powered Cams
If the Flock cameras need to be AC-powered, the for
acquiring an electrician and ensuring they connect the camera to power. .
customer is responsible
See steps
2 and 6 below

6. Connect Camera to Power

Notify the electrician that the camera is ready for the power connection installation

5. Install Camera

Flock will install the camera and AC power kit at the specified camera location

4. Conduct Site Survey

Flock will mark camera locations, locate underground utilities and mark if present

3. Sign Flock Safety Agreement

Sign the Flock Safety purchase order to begin the installation of cameras

2. Acquire an Electric Quote

Contact an electrician to receive a quote to run 120volt AC power to 120v the camera

1. Create a Deployment Plan

Work with us to select the best location(s) for Flock Safety cameras and power sources
How to Get Started with a Powered Install
DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 672
15 Electrician Handout
Electrician Installation Steps.
,C Run AC cable and conduit to the box
according to NEC Article 300 and any
applicable local codes. The gland
accepts ½” conduitC
C Open the box using hingesC
AC Connect AC Mains per wiring diagram
below:
eC Connect AC Neutral wire to the Surge Protector white Neutral wire using the open position on the lever nutC
JC Connect AC Line wire to the Surge Protector black Line wire using the open position on the lever nutC
bC Connect AC Ground wire to the Surge Protector green ground wire using the open position on the lever nut.

4. Verify that both the RED LED is lit on the front of the box

5. Close box and zip tie the box shut with the provided zip tie

6. While still on-site, call Flock, who will remotely verify that power is working

correctly:

Southeast Region - (678) 562-8766

West-Region -  (804) 607-9213

Central & NE Region -  (470) 868-4027

DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 673
16 FAQs about AC-Powered Flock Cameras

What voltage is supported?

The AC kit is designed to work with 120VAC Infrastructure by default. A 240VAC version is available on request.

How much power does this consume

Peak current draw is 1.5 A at 120VAC. The average power draw is roughly 30W in high traffic conditions but maybe lower when fewer vehicles are present.

Who is responsible for contracting the electrician?

The customer is responsible for contracting an electrician. We can help answer questions, but the customer is responsible for identifying and contracting an electrician.

Who is responsible for maintenance?

Flock will handle all maintenance related to Flock’s camera and power equipment.

However, any problems with the electrical supply are the customer’s responsibility.

The AC junction box has two lights to indicate the presence of power and make it easy for quick diagnosis if there is a problem related to the AC power source B If the camera indicates to Flock that there is a power supply problem, Flock will notify the customer and request that the customer verifies the lights on the AC junction box. If the AC Source light is illuminated, Flock will send a technician to investigate. If the AC source light is not illuminated, the customer should check any GFCI’s or breakers in the supply circuit or call the electrician who installed the power supply.

How much does it cost?

Work required to bring AC power to each location will be different, so exact pricing is unavailable. Primary cost drivers include arrow boards and the distance from the camera location to the AC power source.

What information do I need to provide my electrician?

The Flock deployment plan and these work instructions should be sufficient to secure a quote. It will be helpful if you know the location of the existing power infrastructure before creating the deployment plan.
?
DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 674
17 Can you plug it into my existing power outlet? The Flock AC power adapter does not use a standard outlet plug but must be directly wired into the power mains.

While using outlet plugs may be convenient, they can easily be unplugged, presenting a tampering risk to this critical safety infrastructure.

The electrician can route power directly to the camera with a direct wire-in connection if an outlet is close to the camera.

How long does this process typically take?

The installation process typically takes 6-8 weeks. To accelerate the process, be sure to have the electrician perform his work shortly after the Flock technician finishes installing the camera.

What kind of electrician should I look for?

Any licensed electrician should perform this work, though we have found that those who advertise working with landscape lighting are most suited for this work.

What happens if the electrician damages the equipment?

The customer is responsible for contracting the electrician. Any liability associated with this work would be assumed by the customer. If any future work is required at this site due to the electrical infrastructure or the work performed by the electrician would be the responsibility of the customer.

When should the electrician perform his work?

Once Flock installs the camera, you will receive an email alert letting you know that this has been completed. After this, you will need to schedule the electrician to route power to the pole.

What if my electrician has questions about Flock’s AC Kit?

You should share the packet with the electrician if they have questions.

What if the AC power is on a timer?

Sometimes the AC power will be on a timer (like used for exterior lighting). Flock requires that the AC power provided to the camera be constant. The source that the electrician uses must not be on a timing circuit.

AC-Power Kit Details
DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 675
18 Installation Service Brief Summary
Below outlines the statement of work for the Flock Camera Installation:

What is covered by Flock
Flock Cameras &
Online Platform
Mounting Poles
AC Power Kit (as needed)
Solar Panels (as needed)
Site Surveys and Call 811
Scheduling
Installation Labor Costs
Customer Support / Training
Cellular Data Coverage
Maintenance Fees

(review for
more details)
Fees Sheet
Data storage for 30 days
Traffic Control and any
associated costs
*DOT Approved Pole cost Electrician

& ongoing electrical costs
Engineering Drawings
Relocation Fees
Contractor licensing fees
Permit application processing fees
Specialist mounting equipment
Bucket trucks
Loss, theft, damage to Flock
equipment
Camera downtime due to
power outage
***Field Technician Maintenance
for Falcon™  Flex
excluding changes during
initial installation
Including, but not limited
to, MASH poles or
adapters
**
Only applicable for

AC-powered cameras
What is NOT covered by Flock Special note
*
**
***
If a location requires a DOT pole (i.e., not our standard), the implementation cost will be $5,000/camera; This cost is applicable for installations in GA, IL, SC, TN, and CA.

MASH poles: Manual for Assessing Safety Hardware (MASH) presents uniform guidelines for crash testing permanent and temporary highway safety features and recommends evaluation criteria to assess test results

If a camera is lost, stolen, or damaged, a replacement device can be purchased at a discounted price of $800

DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 676
19 Permitting: Pre-Install Questionnaire
Traffic Control & Installation Method(
- , this typically necessitates an entire lane to be
blocked in the direction of travel.

If a bucket truck is required
Can you provide a patrol car escort, or will
full traffic control be required?*

4. AC Power vs. Solaš
- If AC powered, is there a 120V power source available, and is there access to an electrician who can connect the existing wire to the Flock Safety powered ’
- If solar-powered, consider the size of the solar panel and potential to impact the visibility of DOT signs/signalsb
- Single Panel: 21.25" x 14" x 2" (Length x Width x Depth— - Double Panel: 21.25" x 28" x 2" (LxWxD)
installation kit

3. Right of WaÕ
- Will any Flock Safety cameras be installed on the city, state, or power company-owned poles or in the city, county, or state Right of Way (RoW)’ - What is the RoW buffer’
- Will additional permits or written permission be required from third-party entities (such as DOT, power companies, public works, etc.)’ - Will any cameras be installed on city-owned traffic signal poles (vertical mass)?¸
- If yes, please provide heights/photos to determine if a bucket truck is needed for the installation.¸
- Note: A bucket truck is required if the height exceeds 15 feet tall.

2. Timelin$
- In Flock Safety s experience, in-depth permitting requirements can - The SLA for permit document submission is within 15 days from contract signature date (contract Closed-Won)

add 2+
months to the installation timeline.=

1. PLEASE NOTE: If traffic control is required, you may incur additional costs due to city/state requirements; Fees will be determined by quotes received.

DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 677
20 Paperwork & Required Form
# Flock Safety will need copies of paperwork to complete before proceeding (ex., business license applications, encroachment permit applications). We can save critical time by gathering these documents upfront. We appreciate your assistance in procuring these.

5. Contact
# If Flock Safety needs to interface directly with the departments, please share the contact information of the following departments:
# Permittin;
# Public Work@
# Traffic Department

6. #
# Will standard plans suffice, or are custom plans needed? Custom plans can double the cost, while standard plans can be pulled from the Manual of Uniform Traffic Control Devices j
# Will a non-sealed copy of the traffic plan suffice? Or does the traffic plan need to be sealed and/or submitted by a professional engineert # Are there state-specific special versions/variances that must be followedt # , the shoulder or sidewalk should suffice and
enable Flock Safety to proceed without traffic control systems in place.x # Note: In some states (i.e., arrow boards), sidewalks may require signage. If signage is mandatory, Will your Public Works department be able to assist?
If full traffic control is required (cones, arrow boards, etc.)˜ (MUTCD)
If a bucket truck is not required
DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 678
21 After a deployment plan with Designated Locations and equipment has been agreed upon by both Flock and the Customer, any subsequent changes to the deployment plan (“Reinstalls”) driven by a Customer’s request will incur a fee per the table below.

What services incur fees
 Requested relocations post-approval by customer.
 Relocations due to poor performance will be the responsibility of Floc!  If a customer requests a location against the advisement of Flock, performance issues and any requested relocations will be the responsibility of the customer'
 Per the contract and absent a defect, in the event that Flock Hardware is lost, stolen, or damaged, Customer may request that Flock replace the Flock Hardware at a fee according to the then-current Reinstall policy

 Misc billables for out of scope items for each implementation

https://www.flocksafety.com/reinstall-fee-scheduleC
Incurred Fees
 Camera relocatiow
 Existing infrastructure (non-AC powered)........................................................c  Flock pole (non-AC powered)..............................................................................c  Advanced pole (non-AC powered)..................................................................c  Replacementq
 Camera only as a result of vandalism, theft, or damage .............................c  Pole replacement only as a result of vandalism, theft, or damag€  Flock pole ..........................................................................................................c  Advanced pole ...............................................................................................c  Full replacement as a result of vandalism, theft, or damage.  Flock pole, camera, and solar (non-AC Powered)..................................c  Advanced pole, camera, and solar (non-AC Powered)..........................

$350

$750

$5000
$800
$500

$5000
$1300

$5800
*Fee Schedule
DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 679
22 Trip charge ......................................................................................................................

Examples

Angle adjustment (elective

Install additional Flock signage

$35#
All fees are per reinstall or required visit (in the case that a reinstall is attempted but not completed) and include labor and materials. If you have any questions, please email [email protected].

Help Center
Our Help Center is filled with many resources to help you navigate through the online platform. Below you will find some common questions and their relevant help article:

(National Lookup - network of law enforcement agencies that have opted to allow their network of Flock cameras to be used for searches)

How do I search camera footage?

How do I add a user?

How do I add a vehicle to my own Hot List?

How do I enable browser notifications for Hot List alerts?

How do I get text alerts for Hot List?

How do I request camera access from other nearby agencies?

How do I use the National Lookup to search for a plate? How do I reset my / another user’s password?

Customer Support
You can reach our customer support team anytime by emailing . They can help answer any “How-To” questions you
may have.
[email protected]
DocuSign Envelope ID: A5D281C1-CFCE-484B-98FB-BF29E86A8798 680

CITY OF MURRIETA
City Council Meeting Agenda
Report
8/20/2024
Agenda Item No. 26.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kim Summers, City Manager
PREPARED BY: Anthony Conrad, Chief of Police, and Tiffany Israel, City Attorney SUBJECT:

Catalytic Converter Possession Municipal Codes

RECOMMENDATION
Introduce and conduct the first reading of Ordinance No. 606-24 entitled: An Ordinance of the City Council of the City of Murrieta, California, Amending Title 9 of the Murrieta Municipal Code to Establish a New Chapter

9.35 to Set Forth Regulations Defining and Prohibiting the Unlawful Possession of Detached Catalytic Converters in the City of Murrieta and Adoption of Exemption from CEQA Guidelines.

PRIOR ACTION/VOTE
None.

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

BACKGROUND
The theft of catalytic converters has been an increasing problem throughout Southern California in recent years, with the City of Murrieta experiencing at least six thefts per month. A catalytic converter lies between a car's engine and its exhaust pipe. It is part of a car’s exhaust system that causes the conversion of harmful gases (such as carbon monoxide) into mostly harmless products (such as water and carbon dioxide). The external location of catalytic converters and the use of valuable precious metals, including rhodium, palladium, and platinum, make these devices a target for thieves. Individuals possessing stolen catalytic converters often recycle them for substantial profit, while victims of these thefts suffer the consequences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community.

Local agencies in California, especially Riverside County, have begun to pass similar ordinances to assist law enforcement in holding individuals accountable for their crimes. The purpose and intent of this Ordinance is to curb the theft of catalytic converters throughout the City of Murrieta and to provide the City and the Murrieta Police Department with the authority to help address the impact on the community resulting from the increasing catalytic converter thefts.

CITY OF MURRIETA Page 1 of 3 Printed on 8/15/2024
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Agenda Item No. 26.

Discussion
Catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons, including:

1. The ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools such as a reciprocating saw;

2. The ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter; and

3. Loopholes in existing legislation protect criminals from prosecution unless a victim can be identified.

Finding the victims of these crimes is extremely difficult due to the way catalytic converter thefts occur and the lack of identifying markers on catalytic converters to link a stolen one to its owner. The inability to identify the victims of catalytic converter thefts can currently inhibit the ability to prosecute individuals for these thefts successfully. Catalytic converter theft is an increasing issue statewide and causes significant financial damage to the victims.

Violations & Enforcement
The proposed Ordinance No. 606-24 would make it unlawful for any person to possess a catalytic converter not attached to a motor vehicle unless that person provides verifiable, valid proof of ownership. Such proof may include a bill of sale from the original owner with photographs, documentation from an autobody shop proving the owner relinquished the catalytic converter to the autobody shop, or other manner of proof as defined in the Ordinance.

Under this Ordinance, unlawful possession can be inferred based on the quantity of detached catalytic converters in one's possession and/or the condition of the dismantled catalytic converters. This includes but is not limited to, how the catalytic converters have been detached or cut from vehicles. Violators would be subject to administrative fines of one thousand dollars ($1,000.00) for the first offense, two thousand dollars ($2,000.00) for the second offense within thirty-six months, and five thousand dollars ($5,000.00) for each subsequent offense within thirty-six months. Violators may also be charged with a misdemeanor crime.

The proposed administrative fines are higher than those imposed by Murrieta Municipal Code section 1.26.030 (D), which provides for administrative fines not exceeding one hundred dollars ($100.00) for a first violation, a fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance or permit within one year from the date of the first violation, and a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance or permit within one year from the date of the first violation.

However, the proposed fines are consistent with those implemented for short-term vacation rentals, as the City is trying to deter this conduct, which has frequently been occurring.

CEQA Evaluation
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. Furthermore, the amendment is exempt pursuant to the CEQA Guidelines, specifically Section 15060(c)(2), because the proposed ordinance CITY OF MURRIETA Page 2 of 3 Printed on 8/15/2024
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8/20/2024
Agenda Item No. 26.
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 CEQA applies only to projects which have the potential for causing a significant effect on the environment.

FISCAL IMPACT
None.

ATTACHMENTS

1. Ordinance No. 606-24
CITY OF MURRIETA Page 3 of 3 Printed on 8/15/2024
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01375.0010/1001380.3 1
ORDINANCE NO. 606-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, AMENDING TITLE 9 OF THE MURRIETA MUNICIPAL
CODE TO ESTABLISH A NEW CHAPTER 9.35 TO SET FORTH

REGULATIONS DEFINING AND PROHIBITING THE UNLAWFUL

POSSESSION OF DETACHED CATALYTIC CONVERTERS IN THE CITY

OF MURRIETA AND ADOPTION OF EXEMPTION FROM CEQA
WHEREAS, in 2022, the Governor signed into law Senate Bill 1087, amending Section 21610 of the California Business and Professions Code and Section 10852.5 of the California Vehicle Code, prohibiting any person from purchasing a used catalytic converter from anybody other than certain specified sellers; prohibiting a core recycler from purchasing a catalytic converter from anybody other than specified sellers; and making a violation of the provisions to be an infraction, punishable by a fine; and
WHEREAS, the City of Murrieta (“City”) has experienced a significant increase in complaints regarding catalytic converter thefts occurring within the City; and WHEREAS, the citizens of Murrieta and the Murrieta Police Department, acting as the City’s law enforcement agency, are in need of an ordinance to: (1) appropriately deter and punish catalytic converter thefts by defining and establishing zero-tolerance and sanctions for unlawful possession of catalytic converters; (2) prevent criminals from profiting from the sale and recycling of stolen catalytic converters; and (3) provide indirect justice to the victims of catalytic converter thefts whose cases have gone or will go unsolved for the reasons discussed above; and WHEREAS, to deter the theft of catalytic converters throughout the City and to provide the City with reasonable means to address the impact on the community and the victims resulting from increasing catalytic converter thefts, the City Council now desires to adopt this Ordinance after considering the information contained in the agenda submittal and supporting exhibits and all oral and written presentations and testimony made by City staff and members of the public.

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

SECTION 1. The City Council hereby adopts the recitals of this Ordinance as true and correct and such recitals are hereby incorporated by reference as though fully set forth in the text of this Ordinance.

SECTION 2. Chapter 9.35, entitled “Unlawful Possession of a Catalytic Converter” is hereby added to the Title 9 (Public Peace, Morals, and Welfare) of the City of Murrieta Municipal Code to read in its entirety as follows:
684
01375.0010/1001380.3 2
“CHAPTER 9.35 UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER

9.35.010 - Findings.

9.35.020 - Purpose.

9.35.030 – Definitions.

9.35.040 – Unlawful Possession of Catalytic Converter.

9.35.050 – Violations and Enforcement.

9.35.060 – Appeal of Administrative Citations.

9.35.070 – Non-Exclusive Remedies and Penalties.

9.35.010 Findings.

The City Council of the City of Murrieta finds that the theft of catalytic converters has been an increasing problem in the City in recent years. The external location of catalytic converters and the use of valuable precious metals, including rhodium, palladium and platinum, in catalytic converters makes these devices a target for thieves. Individuals in possession of stolen catalytic converters often recycle them for substantial profit, while victims of these thefts suffer the consequences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community. Finding the victim of these crimes is extremely difficult due to the manner in which the catalytic converter thefts occur and lack of identifying markers on catalytic converters to link a stolen catalytic converter to the victim. The inability to identify the victims of catalytic converter thefts can inhibit the ability to successfully prosecute individuals for the thefts. This ordinance is necessary to provide the City a means to protect the public, deter this criminal activity and promote a more productive use of City resources.

9.35.020 Purpose.

Catalytic converter theft is an ongoing problem within the City and causes significant financial damage to the victims. The purpose and intent of this ordinance is to curb the theft of catalytic converters throughout the City and to provide the City with reasonable means to address the impact on the community and the victims posed by increasing catalytic converter thefts.
685
01375.0010/1001380.3 3

9.35.030 Definitions.

For purposes of this Chapter, the following words and phrases shall have the following meanings:

A. City. The City of Murrieta.

B. Catalytic Converter. Any exhaust emission control device, or portion thereof, that converts toxic gases and pollutants in exhaust gas from an internal combustion engine into less-toxic pollutants.

C. Documentation or other proof. Written document(s) clearly identifying the vehicle from which the catalytic converter originated based on the totality of the circumstances, which includes, but is not limited to, the following types of documents:

1. Bill of sale from the original owner with photographs.

2. Verifiable documentation from an auto-body shop proving the owner relinquished the catalytic converter to the auto-body shop.

3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.

4. Photographs of the vehicle from which the catalytic converter originated.

5. Vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number or driver’s license number of registered vehicle owner.

D. Lawful Possession. This term includes: (1) being the lawful owner of the catalytic converter or (2) being in possession of the catalytic converter with the lawful owner's verifiable written consent. It is not required to prove the catalytic converter was stolen to establish the possession is an Unlawful Possession.

E. Enforcement Officer. Riverside County Sheriff, Murrieta Police Chief, City Attorney, or District Attorney and their designees.

9.35.040 Unlawful Possession of a Catalytic Converter.

Barring any provision of state law permitting the same, it is unlawful for any person to possess any catalytic converter which is not attached to a vehicle unless the person has a verifiable valid proof of ownership of the catalytic converter.

A. This section does not apply to a detached catalytic converter that has been verifiably tested, certified, and labeled or otherwise approved for reuse, and is being bought or sold for purposes of reuse in accordance with the federal Clean Air Act (42 U.S.C. § 7401 et seq.) and regulations under the Clean Air Act, as they may be amended from time to time.
686
01375.0010/1001380.3 4
B. It is unlawful for any person to knowingly falsify or cause to be falsified any information in a record intended to show valid proof of ownership.

C. Evidence of unlawful possession may be presumed by the number of detached catalytic converters within one’s possession and/or by the condition of the dismantled catalytic converter(s), including but not limited to, the manner a catalytic converter has been detached or cut from a vehicle.

9.35.050 Violations and Enforcement.

A. Misdemeanor Penalty. Any person who violates any provision of this ordinance is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the County jail for a term not exceeding one year, or by both. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of one thousand dollars ($1,000) and by imprisonment in the County jail for one year.

B. State Penalties Apply. Nothing in this ordinance shall be intended to limit any of the penalties provided for under California law, including but not limited to the Penal Code, with regard to the sale, use, possession, delivery, and/or receipt of catalytic converters.

C. Administrative Civil Penalty. In addition to any other penalties provided by law, whenever an Enforcement Officer determines a violation of this ordinance has occurred, the Enforcement Officer shall have the authority to issue an administrative citation with an administrative civil penalty to any person responsible for the violation. Any administrative civil penalty shall be one thousand dollars ($1,000) for the first offense, two thousand dollars ($2,000) for the second offense within thirty-six (36) months, and five thousand dollars ($5,000) for each subsequent offense within thirty-six (36) months. The administrative citation shall contain the following information: (1) date, location and approximate time the violation was observed; (2) the amount of the administrative civil penalty imposed for the violation; (3) instructions for the payment of the administrative civil penalty, the time period by which it shall be paid, and the consequences of failure to pay the administrative civil penalty within this time; (4) instructions on how to appeal the administrative citation; and (5) the signature of the Enforcement Officer. The failure of the administrative citation to set forth all required contents shall not affect the validity of the administrative citation or any proceedings to enforce said citation. The administrative civil penalty may be imposed via the administrative process set forth in this ordinance or may be imposed by the court if the violation requires court enforcement without an administrative process. 687
01375.0010/1001380.3 5
D. Separate Offenses. Acts, omissions, or conditions in violation of this ordinance that continue, exist, or occur on more than one day constitute separate violations on each day. Violations continuing, existing, or occurring on the service date, the effective date, and each day between the service date and the effective date are separate violations. A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of this ordinance. A person is deemed guilty of a separate offense for each and every violation of this ordinance, or any portion thereof.

Likewise, a person shall be deemed guilty of a separate offense for each and every catalytic converter in the person’s possession that is not attached to a vehicle unless the person has a valid proof of ownership of the catalytic converter.

9.35.060 Appeal of Administrative Citations.

A. Request for Appeal. The recipient of an administrative citation may appeal the citation by submitting a written request for a hearing according to the requirements set forth in Murrieta Municipal Code section 1.26.070.

B. Hardship Waiver. The recipient of an administrative citation may request a hardship waiver according to requirements set forth in Murrieta Municipal Code section 1.26.035.

C. Administrative Hearing. Upon a timely written request by the recipient of an administrative citation, an administrative hearing shall be held according to Murrieta Municipal Code sections 1.26.080, 1.26.090, 1.26.100, 1.26.110,

1.26.120, and 1.26.130.

9.35.070 Non-Exclusive Remedies and Penalties.

All remedies and penalties for violations of the prohibitions in this ordinance shall be cumulative and not exclusive. Enforcement by use of any administrative, criminal or civil action, citation or administrative proceeding or abatement remedy does not preclude the use of additional citations or other remedies as authorized by other ordinance or law. Enforcement remedies may be employed concurrently or consecutively. Conviction and punishment of or enforcement against any person hereunder shall not relieve such person from the responsibility of correcting, removing or abating a violation, nor prevent the enforced correction, removal or abatement thereof.”
SECTION 3. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2), (the activity will not result in direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project, the City Council finds that this Ordinance is exempt from the requirements of 688
01375.0010/1001380.3 6
CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, which states that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This Ordinance makes policy changes to the City’s rules and regulations pertaining to the unlawful possession of a catalytic converter to better protect the public peace, safety, and welfare.

SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the application of any other section, subsection, sentence, clause, phrase, or portion of this Ordinance, and to this end the invalid or unconstitutional section, subsection, sentence, clause, phrase of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

SECTION 5. Repeal of Conflicting Provisions. That all the provisions of the Murrieta Municipal Code as heretofore adopted by the City of Murrieta that conflict with the provisions of this Ordinance are hereby repealed.

SECTION 6. Effective Date. That this Ordinance shall take effect thirty (30) days after its adoption.

SECTION 7. Amending of Bail Schedule. That the City Attorney is hereby directed to determine whether this ordinance necessitates amendment of the City's Bail Schedule, if the City maintains such a schedule, and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.

SECTION 8. Certification. The City Clerk shall certify as to the passage and adoption of this Ordinance and shall cause the same to be posted and codified in the manner required by law.

PASSED AND ADOPTED this _____________ 2024.
___________________________
Lori Stone, Mayor
ATTEST:
___________________________
Cristal McDonald, City Clerk
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01375.0010/1001380.3 7
APPROVED AS TO FORM:
_____________________________
Tiffany J. Israel, City Attorney

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§

CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Ordinance No. 606-24 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the _____ day of _____, 2024, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:` AYES:

NOES:

ABSENT:

ABSTAIN:

Cristal McDonald, City Clerk
I, Cristal McDonald, City Clerk of the City of Murrieta, California further certify that Ordinance No. 606-24 was duly published according to law and the order of the City Council of said City and the same was so published in Press Enterprise, a newspaper of general circulation on the following date(s):

Adopted Ordinance: , 2024.

In witness whereof, I have hereunto subscribed my name this __ day of ______________, 2024.

Cristal McDonald, City Clerk
690

CITY OF MURRIETA
City Council Meeting Agenda
Report
8/20/2024
Agenda Item No. 27.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Public Works Director
PREPARED BY: Renée Santos, Administrative Assistant - Engineering SUBJECT:

Acceptance of Public Improvements in Tract Map 31497

RECOMMENDATION
Accept the Public Improvements in Tract Map 31497, located at the southeast corner of Lemon Street and 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 standards.

PRIOR ACTION/VOTE
None.

CITY COUNCIL GOAL
Plan, program and create infrastructure development.

BACKGROUND
On April 13, 2021, the City of Murrieta (City) entered into an agreement with Murrieta 60, LP, for Murrieta 60, LP, to construct certain public improvements within Tract Map (TR) 31497. TR 31497 is a 60-unit condominium project near the intersection of Washington Avenue and Vineyard Parkway with 15 buildings consisting of two different floor plans with 30 two-bedroom units and 30 three-bedroom units. The buildings feature four architectural themes, and the project includes 156 parking spaces, a tot-lot, and a dog park.

The public improvements, which include street paving, curb and gutter, sidewalk, drive approaches, and a storm drain system within TR 31497, have now been completed. Qualified City personnel within the Public Works Department inspected the improvements under the direction of the City Engineer, who has determined that they 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’s best interest to maintain the public improvements through regular upkeep in conformity with City maintenance standards. Therefore, the Public Works CITY OF MURRIETA Page 1 of 2 Printed on 8/15/2024
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Agenda Item No. 27.
through regular upkeep in conformity with City maintenance standards. Therefore, the Public Works Department will continue to maintain the aforementioned public improvements.

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 for Tract 31497
CITY OF MURRIETA Page 2 of 2 Printed on 8/15/2024
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WASHINGTON AVE

LEMON ST

ADAMS AVE

LENOX LN

THOROUGHBRED LN

VINEYARD PKY

WEEPING WILLOW LN

KENTUCKY DERBY WAY

EPSON CT

SADDLEBAG CT

HUTCHISON CT

DAVENPORT WAY

FAMILY LN

AVIV CT

SILVER BULLET WAY
IRON
GATE
LN

PEDRAZA ST

CHAPS CIR

BOOTHILL LN

STALLION CT

TORTOSA ST

BOOTJACK LN

WILD WEST CIR
TR 31497 08/20/2024
Vicinity Map Attachment 400 200 0 400 Feet
E

LOCATION MAP
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G:\GISData\Departments\Engineering\ArcMapDocs_24\Vicinity.mxd 693

CITY OF MURRIETA
City Council Meeting Agenda
Report
8/20/2024
Agenda Item No. 28.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Public Works Director
PREPARED BY: Jeff Lyall, Senior Development Services Technician SUBJECT:

Approval of a Joint Use Agreement with Southern California Edison related to Nutmeg Apartments Development Project

RECOMMENDATION
Approve a Joint Use Agreement with Southern California Edison associated with the Nutmeg Apartments development project; and
Authorize the Mayor to execute the Joint Use Agreement.

PRIOR ACTION/VOTE
None.

CITY COUNCIL GOAL
Plan, program and create infrastructure development.

BACKGROUND
The Nutmeg Apartment project is located on the northeast corner of Nutmeg Street and Washington Avenue and consists of 210 apartments. The project was approved by the Planning Commission on January 26, 2022, was issued a grading permit on October 24, 2022, and commenced construction shortly thereafter.

The project requires the relocation of Southern California Edison (SCE) utilities along the project frontage of Washington Avenue and Nutmeg Street. The utilities along Nutmeg Street were previously subject to a Joint Use Agreement (JUA) approved by the City of Murrieta (City) in 2002, which was associated with the City’s Capital Improvement Plan (CIP) project to construct Nutmeg Street at that time. The current utility relocations are being done at the expense of the developer constructing the Nutmeg Apartments. The JUA serves to continue to protect SCE’s existing prior rights as they relate to the existing power lines along Nutmeg Street adjacent to the project site. If the City needs to relocate the existing SCE utilities covered by this JUA, the City will be required to do so at its own expense.

CITY OF MURRIETA Page 1 of 2 Printed on 8/15/2024
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Agenda Item No. 28.

FISCAL IMPACT
None.

ATTACHMENTS

1. Joint Use Agreement
CITY OF MURRIETA Page 2 of 2 Printed on 8/15/2024
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RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

WHEN RECORDED MAIL TO

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768
ATTN: TITLE & REAL ESTATE SERVICES

SPACE ABOVE THIS LINE FOR RECORDER'S USE
V&LM File No.: JUA204245242
Serial No.: 73501A
Affects SCE Doc’s. 416101, 416294 & 472619
Service Order: 802311414

JOINT USE AGREEMENT
THIS AGREEMENT, made and entered into this _____ day of __________________, 20__, by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Company", and the CITY OF MURRIETA, a municipal corporation of the State of California, hereinafter called "City",
W I T N E S S E T H:

THAT WHEREAS Company is the owner in possession of certain rights of way and easement(s) for electrical facilities by virtue of the following easement rights:

Those certain document rights, known as Aerial Grant of Easement, recorded October 18, 1989, as Instrument No. 361398 and Grant of Easement recorded May 22, 1990, as Instrument No. 187178 and Joint Use Agreement recorded July 29, 2002, as Instrument No. 2002-413824, all of Official Records, hereinafter referred to as "Company's Easements"; and WHEREAS City has acquired easement rights for street and highway purposes for the construction and/or improvement of Nutmeg Street in said City, County of Riverside, State of California, hereinafter referred to as "highway right of way", as shown on the print attached hereto, marked "Exhibit A" and hereby made a part hereof which said highway right of way is subject to Company's easement; and
WHEREAS Company's facilities, as now installed and located on said highway right of way, will interfere with or obstruct the construction, reconstruction, maintenance or use of said street or highway, and City desires to eliminate such interference or obstruction; NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, Company and City do hereby agree as follows:

The location of Company's easement insofar as it now lies within the said highway right of way, is hereby changed to the strip of land within said highway right of way, hereinafter referred to as "new location", and shown and designated as "area in Joint Use Agreement" on said print marked "Exhibit A".
696

JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Murrieta
Serial No.: 73501A
V&LM FILE No.: JUA204245242
-2-
Company agrees to rearrange, relocate and reconstruct within said new location, any of its facilities heretofore or now installed pursuant to Company's easement within said highway right of way. Company hereby consents to the construction, reconstruction, maintenance or use by City of a street or highway over, along and upon Company's easement, both in the old location and in the new location within said highway right of way, upon and subject to the terms and conditions herein contained.

City acknowledges Company's title to Company's easement in said new location and the priority of Company's title over the title of City in said new location. Company has and reserves the right and easement to use, in common with the public's use of said street or highway, said new location for all of the purposes for which Company's easement was acquired, without need for any further permit or permission from City. Except in emergencies, Company shall give reasonable notice to City before performing any work on Company's facilities in said new location where such work will obstruct traffic.

In all cases, Company shall exercise due care for the protection of the traveling public.

In the event that the future use of said highway right of way shall at any time or times necessitate a rearrangement, relocation, reconstruction or removal of any of Company's facilities then existing in said new location, and City shall notify Company in writing of such necessity and agree to reimburse Company on demand for its costs incurred in complying with such notice, Company will provide City with plans of its proposed rearrangement and an estimate of the cost thereof, and upon approval of such plans by City, Company will promptly proceed to effect such rearrangement, relocation, reconstruction or removal. Company shall exercise due care for the protection of the traveling public. No further permit or permission from City for such rearrangement, relocation or reconstruction shall be required and City will (1) enter into a Joint Use Agreement on the same terms and conditions as are herein set forth covering any such subsequent relocation of Company's facilities within said highway rights of way, (2) provide executed document(s) granting to Company a good and sufficient easement or easements over private property if necessary to replace Company's easement or any part thereof, and (3) reimburse Company for any costs which it may be required to expend to acquire such easement or easements, provided it is mutually agreed in writing that Company shall acquire such easement or easements.

City agrees to indemnify, defend and reimburse Company for any loss or claim Company may suffer because of any lack of or defect in City's title to said new location or any subsequent location within said highway right of way, or in the title to any easement provided by City over private property, to which Company relocates its facilities pursuant to the provisions hereof, and City agrees that if Company is ever required to relocate its facilities because of any such lack of or defect in title, City shall reimburse Company for the cost of relocating its facilities and any other reasonable costs arising therefrom, such as, but not limited to, costs to acquire any right of way required for such relocation.

City shall not reimburse Company for any loss caused by Company's own fault or negligence.

Except as expressly set forth herein, this agreement shall not in any way alter, modify or terminate any provision of Company's easement. Both City and Company shall use said new location in such a manner as not to interfere unduly with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which Company or City may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either City or Company in such a manner as to cause an unreasonable interference with the use of said new location by the other party. City agrees that Company's facilities shall not be damaged by reason of the construction, reconstruction or maintenance of said street or highway, by the City or its contractors, and that, if necessary, City will protect Company's facilities against any such damage, at City's expense. 697

JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Murrieta
Serial No.: 73501A
V&LM FILE No.: JUA204245242
-3-
Company shall have the right to remove, trim or top any vegetation, brush, tree or trees which may grow in said new location in said highway right of way, and which in the opinion of Company may endanger or interfere with the proper operation or maintenance of Company's facilities, to the extent necessary to prevent any such interference or danger.

This agreement shall inure to the benefit of and be binding upon the Company and the City and their respective successors and assigns.

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate by their respective officers thereunto duly authorized, as of the day and year herein first above written.

SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
By___________________________________
Yvonne Ha
Real Estate & Facilities Sr. Specialist
Land Management – Eastern Region
Vegetation & Land Management
CITY OF MURRIETA, a municipal corporation
By:

Name:

Title:

Attest:

Name:

Title:
698

JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Murrieta
Serial No.: 73501A
V&LM FILE No.: JUA204245242
-4-
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________
699

JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Murrieta
Serial No.: 73501A
V&LM FILE No.: JUA204245242
-5-
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________
700
701

CITY OF MURRIETA
City Council Meeting Agenda
Report
8/20/2024
Agenda Item No. 29.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Chantarangsu, AICIP, Development Services Director SUBJECT:

Adoption of an Ordinance Amending Chapters 1.04, 1.32, and 8.20 of the Murrieta Municipal Code Providing the City with the Authority and Flexibility to Recover Costs Incurred in Abating Nuisances

RECOMMENDATION
Introduce and conduct the first reading on Ordinance No. 608-24 entitled: An Ordinance of the City Council of the City of Murrieta, California, Amending Sections 1.04.010, 1.32.050, 8.20.020, 8.20.090, 8.20.100, and

8.20.130 of the Murrieta Municipal Code to Define “Responsible Party,” Clarify Nuisance Abatement Options for the City, Update Provisions Relating to the Costs of Abatement Including Attorney’s Fees and Costs, and Establish Lien and Special Assessment Procedures for the Recovery of Nuisance Abatement Costs.

PRIOR ACTION/VOTE
The sections to be revised were generally adopted to replace ordinances of the County of Riverside after the City’s incorporation between 1991 and 2004. Murrieta Municipal Code (MMC) Chapter 8.20 (NUISANCES GENERALLY) was amended in 2019 to update the provisions of MMC Chapter 8.20. (Non-Action).

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

BACKGROUND
The City has the authority to abate public nuisances pursuant to its police power and State law. Sections 36901, 38771, and 38773.5(a) of the Government Code authorize the City to enact ordinances declaring what constitutes a public nuisance and the procedures for abating nuisance conditions, as well as providing for the recovery of costs and attorney’s fees to abate the nuisance and for the collection of civil penalties. The City must have a public nuisance abatement ordinance and follow its procedures to secure the right to recover its costs in enforcing the ordinance.

Nuisances can also be abated pursuant to Civil Code Section 3479 et seq. Civil Code Section 3480 defines a public nuisance as “one which affects at the same time an entire community or neighborhood, or any CITY OF MURRIETA Page 1 of 2 Printed on 8/15/2024
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Agenda Item No. 29.
public nuisance as “one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.” When a legislative body has declared an act or condition to be a nuisance, the act or condition becomes a nuisance per se. (Gov’t Code § 38771, Beck Dev. Co. v. Southern Pac. Transp. Co. (1996) 44 CA4th 1160, 1206.) A cause of action based on nuisance per se requires only that the offending condition, in fact, exists; no independent assessment of the danger caused by the violation is required. (City of Bakersfield v. Miller (1966) 64 C2d 93, 100 (hotel in violation of building code); City of Corona v. Naulls (2008) 166 CA4th 418, 425 (medical marijuana dispensary's operation as nonpermitted, nonconforming use); City of Costa Mesa v. Soffer (1992) 11 CA4th 378, 385 (vehicle abatement).

The proposed ordinance updates the Murrieta Municipal Code to be consistent with modern public nuisance abatement ordinances and to include clear procedures to guide both staff and the public. Without adopting this ordinance, the City will be precluded from recovering its attorneys’ fees incurred in any action, administrative proceeding, or special proceeding to abate a nuisance. This includes nuisances abated via civil litigation.

Ordinance No. 608-24, if adopted, will also provide opportunities for the City to recover its attorneys’ fees and enforcement/abatement costs via special assessment, and provides clearer and more defined procedures to that end.

FISCAL IMPACT
The ordinance provides for cost recovery in connection with nuisance conditions.

ATTACHMENTS

1. Ordinance No. 608-24
CITY OF MURRIETA Page 2 of 2 Printed on 8/15/2024
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1 ORDINANCE NO. 608-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, AMENDING CHAPTERS 1.04, 1.32, and 8.20 OF THE MURRIETA MUNICIPAL COUNCIL REVISING THE CITY’S MUNICIPAL CODE TO PROVIDE

AUTHORITY AND FLEXIBILITY FOR THE CITY TO RECOVER THE COSTS

INCURRED IN ABATING NUISANCES
Summary: This ordinance amends Murrieta Municipal Code sections 1.04.010, 1.32.050,

8.20.020, 8.20.090, 8.20.100, and 8.20.130 to define “responsible party,” clarifies nuisance abatement options for the City, updates provisions relating to the costs of abatement including attorney’s fees and costs, and establishes lien and special assessment procedures for the recovery of nuisance abatement costs.

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, Cal. Const. Art. XI, section 7; and
WHEREAS, the City Council of the City of Murrieta (“City Council”) finds that certain conditions constitute a public nuisance and are a threat to the public peace, safety, and welfare of the City; and
WHEREAS, the City Council finds that ensuring compliance with the Murrieta Municipal Code and other regulations is vital to the protection of the public’s health, safety, and quality of life throughout the City, and is an important public service; and WHEREAS, by declaring that violations of the Murrieta Municipal Code constitute a public nuisance, the City Council has determined that violations of the City’s laws constitute a threat to the public health, safety, and welfare; and
WHEREAS, Sections 36901, 38771 and 38773.5 of the Government Code authorize the City to enact ordinances declaring what constitutes a public nuisance and the procedures for abating nuisance conditions, as well as providing for the recovery of costs and attorney fees to abate the nuisance and for the collection of civil penalties; and WHEREAS, Government Code Section 38773.5 authorizes a city to establish, by ordinance, a procedure for the recovery of attorneys’ fees and costs in any action, administrative proceedings, or special proceeding to abate a nuisance; and WHEREAS, The City Council finds that the responsibility of these costs, abatement and enforcement costs, should be properly placed on those persons responsible for violating the Murrieta Municipal Code, or federal, state and county laws and/or causing public nuisances. The City Council further finds that the recovery of costs incurred by the City to enforce these laws and to collect penalties issued to those persons causing public nuisances and/or violating these laws is important in deterring future violations and maintaining the integrity of the City’s code enforcement system; and
WHEREAS, the City Council now desires to amend the City of Murrieta Municipal Code 704
2 01375.0011/998885.4
to provide a means for recovery of its abatement and enforcement costs, and recovery of attorneys’ fees in nuisance abatement cases from those persons responsible for creating, causing, committing, or maintaining a public nuisance or Murrieta Municipal Code or other law violation.

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

Section 1. The recitals above are true and correct and incorporated herein by this reference.

Section 2. Section 1.04.010 “Definitions” of the Murrieta Municipal Code is amended, to add a new definition in alphabetical order (new language is indicated in bold and italics, language proposed to be deleted is shown with an underline and strikethrough) to read as follows:
““Responsible party” means a person whom a city official reasonably believes is causing, performing, permitting to exist, or otherwise maintaining, or allowing to be maintained, a public nuisance or violation of this Code, and includes, but is not limited to, the owner of the property involved, and any tenant or occupant or user thereof, or any other person in real or apparent charge or control of said real property.” Section 3. Section 1.32.050 of the Murrieta Municipal Code is hereby amended (new language is indicated in bold and italics, language proposed to be deleted is shown with an underline and strikethrough) to read as follows:
“1.32.050 Attorney Fees
In the event that it is necessary for the city to maintain any criminal or civil action or administrative proceeding or a special proceeding to enforce the provisions of this code or to abate a public nuisance, or to foreclose on any lien imposed as a result of the imposition of fines or penalties by the city, the city shall be entitled to recover reasonable attorney's fees.

The prevailing party in any action, administrative proceeding, or special proceeding to abate a public nuisance, or in any appeal or other judicial action arising therefrom, shall be entitled to recover its reasonable attorneys' fees. Recovery of attorneys' fees shall be limited to those actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In no action or proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.”
Section 4. Section 8.20.020 “Definitions” of the Murrieta Municipal Code is amended (new language is indicated in bold and italics, language proposed to be deleted is shown with an underline and strikethrough) to add a new definition in alphabetical order to read as follows:
""Costs":
"Abatement costs" means the actual and reasonable costs incurred by the city to abate a public nuisance. These costs include all direct and indirect costs to the city that result from the total abatement action, including, but not limited to, investigation costs, costs to enforce this Code and any applicable federal, state or county law, clerical and 705
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administrative costs to process paperwork, costs incurred to provide notices and prepare for and conduct administrative appeal hearings, and costs to conduct the actual abatement of the nuisance, including lawful disposal of abandoned personal property, trash, and debris. Abatement costs include staff costs, including costs of worker's compensation benefits, fringe benefits, administrative overhead administrative overhead, costs for equipment, such as cameras and vehicles, staff time to hire a contractor, and reasonable attorneys' fees incurred by the city. Costs also include those incurred in seeking cost recovery.
"Enforcement costs" means all actual and reasonable costs incurred by the city to respond to and enforce compliance with this Code and any applicable federal, state, county or city public health and safety law that are not included within abatement costs.

These costs include, but are not limited to, actual cost of the enforcing department services including, but not limited to, costs of personnel, including costs of worker's compensation benefits, fringe benefits, administrative overhead, costs of equipment, costs of materials, costs related to investigations pursuant to this Code or federal, state, or county law, costs related to issuing and defending administrative or court citations, costs incurred investigating and abating violations of this Code or federal, state or county law violations, and reasonable attorneys' fees. Enforcement costs include multiple response and similar costs as permitted by this chapter. Enforcement costs also include those incurred in seeking cost recovery.”
Section 5. Section 8.20.020 “Definitions” of the Murrieta Municipal Code is amended, to add a new definition for “Responsible party” in alphabetical order and to replace the definition of “Violator,” in its entirety, (new language is indicated in bold and italics, language proposed to be deleted is shown with an underline and strikethrough) to read as follows:
"Violator" means any responsible party, including the landowner, or lessee, tenant, or any other person who had possession or custody of the property. ““Responsible party” shall have the same meaning as set forth in 1.04.010. “Violator” means any responsible party.””
Section 6. Section 8.20.090 “Abatement by city” of the Murrieta Municipal Code is replaced, in its entirety, (new language is indicated in bold and italics, language proposed to be deleted is shown with an underline and strikethrough) to read as follows :
“8.20.090 Abatement by city; Statement of costs.

A. If the nuisance is not completely abated by the responsible party, as directed, within the time provided to do so, then the city manager, or their designee, may cause the same to be abated by city personnel or private contract, and entry upon the premises is expressly authorized for such purposes.

B. Upon completion of the abatement by direction of the city manager, or their designee, a statement of the total amount of abatement and enforcement costs incurred by the City shall be prepared, to include attorney’s fees and civil penalties, as appropriate, and as provided in

1.32.050
706
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C. The city manager, or their designee, shall serve on the violator a copy of the statement of costs and a notice that, unless a notice of appeal is received within ten (10) calendar days of the date of the statement of costs, the statement of costs shall become final administrative order of the city and subject to recordation as a lien or collection via special assessment as set forth in this chapter. The statement of costs and the notice shall be served in the same manner as provided in Section 8.20.060(B) of this chapter.”
Section 7. Section 8.20.100 “Report—Hearing on assessment” of the Murrieta Municipal Code is replaced, in its entirety, (new language is indicated in bold and italics, language proposed to be deleted is shown with an underline and strikethrough) to read as follows:
“At the time and place set for receiving and considering the statement of costs, the city council shall hear and pass upon the statement together with any objections or protests raised by any of the persons liable to be assessed for the cost of abating the nuisance. Thereupon, the city council may make any such revision, correction or modification to the statement of costs as it may deem appropriate, after which the statement as submitted, or as revised, corrected or modified, shall be confirmed by resolution. Such hearing may be continued from time to time. The decision of the city council shall be final.”
“Section 8.20.100 Appeal of statement of costs
A. If a timely appeal of the statement of costs is received, the city manager, or their designee, shall set a time and place for the city council to receive and consider the statement of costs, and shall serve on the appealing violator a copy of the statement of costs and a notice of the time and place at which the city council will receive and consider the statement of costs. The statement of costs and the notice of hearing shall be served in the same manner as is provided in Section 8.20.060(B) of this chapter.

B. At the time and place set for receiving and considering the statement of costs, the city council shall hear and pass upon the statement together with any oral or written objections or protests raised by any responsible party. Thereupon, the city council may make any such revision or modification to the statement of costs as it may deem appropriate, after which the statement as submitted, as revised, or as modified, shall be confirmed. Such hearing may be continued from time to time. The decision of the city council shall be deemed a final administrative order of the city.”
Section 8. Section 8.20.130 “Assessment of costs a lien against the property” of the Murrieta Municipal Code is replaced, in its entirety, (new language is indicated in bold and italics, language proposed to be deleted is shown with an underline and strikethrough) to read as follows:
“The costs of abatement of a nuisance, as confirmed by resolution of the city council, shall constitute a special assessment against the property to which it relates, and after its recording, as thus made and confirmed, the same shall constitute a lien on the property in the amount of such assessment. After the confirmation of the statement, a copy thereof shall be recorded in the official records of Riverside County and shall be transmitted to the assessor and tax collector of the county by the city clerk. Whereupon it shall be the duty of the assessor and tax collector to add the amount of such assessment, or assessments, to the next regular bills of taxes levied against the said respective lot or parcel of land, and thereafter the amount shall be collected at the same time and in the same manner as ordinary real property taxes are collected, and shall be subject to the same 707
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penalties and the same procedure for foreclosure and sale in the case of delinquency as provided for ordinary real property taxes.”
“Section 8.20.130 Nuisance Abatement Costs Recovery; Lien and Special Assessment A. Lien Procedure

1. Pursuant to California Government Code Section 38773.1, a lien procedure is adopted to collect any nuisance abatement costs, including the city’s actual costs of enforcement, any associated penalties, and the city attorney’s fees and costs as administrative costs. A lien may be recorded on the real property of each responsible party, jointly and severally, within thirty (30) days of the date the statement of costs becomes a final administrative order of the city.

2. Prior to recording a lien, a notice shall be given to all persons or entities of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplement roll, whichever is more current. The notice shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the responsible party or parties, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days and by publication in a newspaper of general circulation published in Riverside County for a period of ten (10) days.

3. After notice is given in accordance with the above, a lien shall be recorded in the Riverside County recorder's office and shall constitute a lien on the real property for abatement costs. From the date of recording, the lien shall have the force, effect, and priority of a judgment lien.

4. A lien recorded pursuant to this section shall specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, the date of the abatement order, the street address, the legal description and the assessor's parcel number of the parcel on which the lien is imposed and the name and address of the recorded owner of the parcel.

5. In the event the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the same information as the notice of lien shall be recorded in the Riverside County recorder's office by the city.

B. Special Assessment

1. As an alternative to the lien procedure set forth in section 8.20.130(A), the city may make the cost of abatement of a nuisance, including penalties, enforcement costs, and attorney’s fees and costs, a special assessment against the subject property, in accordance with Government Code section 38773.5, or as otherwise permitted by law.

2. Notice requirements.
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a. Notice under this section shall be provided by certified mail, to the property owner, if the property owner’s identity can be determined from the county assessor’s or county recorder’s records.
b. Notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.
c. Notices shall contain the following information:
i. A legal description, street address, assessor's parcel number and other description sufficient to identify the premises affected; ii. A description of the violations of the code on the real property which caused the issuance of a citation;
iii. A description of any proceeding under which penalties, costs, and/or fees were imposed, including any final administrative order of the hearing officer or appeals board, or other confirmation process; and iv. The total amount to be assessed.”
Section 9. This ordinance is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

Where, as here, it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment, the activity is not subject to CEQA.

Section 10. If any section, subsection, sentence, clause, or phrase of this 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 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 ordinance would be subsequently declared invalid or unconstitutional.

Section 11. 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.

PASSED AND ADOPTED this __________, 2024.

Lori Stone, Mayor
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ATTEST:

Cristal McDonald, City Clerk
APPROVED AS TO FORM:

Tiffany J. Israel, City Attorney

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§

CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Ordinance No. 608-24 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the _________, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Cristal McDonald, City Clerk
I, Cristal McDonald, City Clerk of the City of Murrieta, California further certify that Ordinance No. 24-____ was duly published according to law and the order of the City Council of said City and the same was so published in Press Enterprise, a newspaper of general circulation on the following date(s):

Adopted Ordinance: , 2024.

In witness whereof, I have hereunto subscribed my name this __ day of ______________, 2024.

Cristal McDonald, City Clerk
710

CITY OF MURRIETA
City Council Meeting Agenda
Report
8/20/2024
Agenda Item No. 30.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Chantarangsu, AICIP, Development Services Director PREPARED BY: Aaron Rintamaki, Associate Planner
SUBJECT:

Continued Hearing - Appeal of Planning Commission decision adopting a Mitigated Negative Declaration for Development Plan Permit 2022-2605/2023-00006 (DP-2022-2605/2023-00006) Murrieta Hot Springs at Jefferson Apartments

RECOMMENDATION
Based on productive conversations with the developer and the need for additional time to reach an agreement, continue the item to a future hearing date.

PRIOR ACTION/VOTE
On March 27, 2024, the Planning Commission held a public hearing and approved Development Plan Permit 2022-2605/2023-00006 via Planning Commission Resolution No. PC-2024-03, to construct the Project (Vote:
3-1-1).

On May 7, 2024, the City Council held the scheduled public hearing to consider the Appeal, opened the public hearing, received public testimony, and voted to continue the hearing to July 2, 2024 (Vote 5-0).

On July 2, 2024, the City Council held a continued public hearing to consider the Appeal, opened the public hearing, and voted to continue the hearing to August 20, 2025 (Vote 5-0).

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

BACKGROUND
On March 27, 2024, the Planning Commission approved Development Plan Permit 2022-2605/2023-00006 to construct 387 multi-family apartment units, totaling 521,178 square feet on an 18-acre parcel (Project). The Planning Commission’s approval consisted of two actions, which encompassed the approval of a Mitigated Negative Declaration (MND) pursuant to the California Environmental Quality Act and the approval of a Development Plan pursuant to Murrieta Municipal Code (MMC) Chapter 16.56 for the development of vacant CITY OF MURRIETA Page 1 of 2 Printed on 8/15/2024
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Agenda Item No. 30.

Development Plan pursuant to Murrieta Municipal Code (MMC) Chapter 16.56 for the development of vacant property.

On April 1, 2024, Council Member DeForest (Appellant) filed an appeal (Appeal) of the Planning Commission’s approval of the MND and the project with the City Clerk but only the CEQA appeal is before the City Council at this time. The Appeal was filed in a timely manner since it occurred within 10 days of the Commission’s action.

On May 7, 2024, the City Council held a public hearing to consider the appeal. Staff provided a presentation to the City Council identifying the public safety concerns, and the applicant provided their presentation and rebuttal to the staff’s presentation. After the public hearing closed, the City Council asked the applicant to reconsider changing the site design to align with the project across the street. The City Council voted to continue the hearing to July 2, 2024, and to have a follow-up meeting between the applicant, appellant, and staff.

On July 2, 2024, the City Council continued the hearing to August 20, 2024, to allow additional time for further discussion.

Meet and Confer
When an appeal is filed, the Development Code requires that a Meet and Confer meeting occur before the appeal is heard by the City Council. Staff scheduled the required Meet and Confer on May 1, 2024. On May 1, 2024, the applicant, appellant, and City staff met, and no agreements were made.

Following the May 7, 2024, City Council meeting, a follow-up to the meet and confer was held. Staff have attended two meetings since the City Council hearing. The first was with the applicant and the appellant. A second meeting was held between the applicant and the Mayor. Staff are following up on the discussions from the two recent meetings to ensure that the appellant is fully informed.

Since June, staff and the Applicant have had meaningful discussions concerning the resolution of the appeal.

Items of interest from both sides have been identified, and both sides are working toward crafting an agreement.

FISCAL IMPACT
None.

ATTACHMENTS
None.

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

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Chantarangsu, AICP, Development Services Director PREPARED BY: Dennis Watts, Senior Planner
SUBJECT:

Public Hearing on The Shops at the Triangle: Specific Plan Amendment 2023-00003, Tentative Tract Map 38622 (TTM-2022-2706) Development Plan 2022-2705 and consideration of an Addendum to the previously adopted Subsequent Environmental Impact Report

RECOMMENDATION
Conduct a Public Hearing;
Consider and Approve an Addendum to the Subsequent Environmental Impact Report pursuant to the California Environmental Quality Act Guidelines (Cal. Code Regs. Title 14) Section 15162 and 15164 by adopting Resolution No. 24-4779 entitled: A Resolution of the City Council of the City of Murrieta Approving the Environmental Determination, Development Plan 2022-2705 and Tentative Tract Map 2022-2706 (TTM 38622) for The Shops at the Triangle, a 64.3-Acre Site to be developed with a 279,538 square foot regional shopping center on approximately 36.5 acres and to subdivide the 64.3-acre site into 23 parcels; Related Improvements for Circulation, Infrastructure, and Landscaping Located southerly of Murrieta Hot Springs Road, East of Interstate 15 and west of Interstate 215 (APN’s 910-390-001 through 910-390-003, 910- 390-008 through-018, 910-390-020 through 910-390-022, 910-400-001 through -018) within the Commercial (C) Zone of the Triangle Specific Plan Area; subject to the Conditions of Approval in Exhibit A and Exhibit B; and
Introduce and Conduct the First reading of Ordinance No. 607-24 entitled: An Ordinance of the City Council of the City of Murrieta, California, Approving and Adopting the Triangle Specific Plan Amendment No. 2 (Specific Plan 276 Amendment No. 2 - Formerly named Murrieta Springs Mall) for property located on 64.3 acres southerly of Murrieta Hot Springs Road, East of Interstate 15 and west of Interstate 215 (APN’s 910-390-001 through 910-390-003, 910-390-008 through -018, 910-390-020 through 910-390-022, 910-400-001 through - 018) (Planning Case No. SP-2023-00003); subject to the Conditions of Approval in Exhibit A.

PRIOR ACTION/VOTE
On October 1, 2013, the City Council:

1. Adopted Resolution No. 13-3151, certifying the Subsequent Environmental Impact Report (SEIR) and adopting the Statement of Overriding Considerations, Findings and Facts of Findings, and the Mitigation, Monitoring, and Reporting Program (MMRP) for the Specific Plan Amendment and General CITY OF MURRIETA Page 1 of 9 Printed on 8/20/2024
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Plan Amendment;

2. Introduced an Ordinance amending and restating Specific Plan 276 (Murrieta Springs Mall) to Specific Plan 276 (The Triangle Specific Plan); and

3. Adopted Resolution No. 13-3152 approving Design Guidelines for The Triangle Specific Plan, (Vote: 3- 2).

On October 1, 2013, the City Council adopted Resolution No. 13-3153, approving a General Plan Amendment to the Land Use Chapter of the General Plan (Vote: 4-1).

On October 15, 2013, the City Council adopted Ordinance No. 481-13 approving Amendment No. 1 amending and restating Specific Plan 276 (The Triangle, formerly named Murrieta Springs Mall) (Vote: 4-1).

On December 15, 2015, the City Council adopted Ordinance No. 506-15 approving Amendment No. 2 to Development Agreement No. 54 (Vote: 4-0-1).

On July 24, 2024, the Planning Commission held a public hearing and recommended that the City Council approve an Addendum to the SEIR and approve Specific Plan Amendment (SPA) 2023-00003, Development Plan (DP) 2022-2705, and Tentative Tract Map (TTM) 2022-2706 (TTM 38622). Planning Commission Resolution No. PC-2024-XX (Vote: 3-0-1-1).

CITY COUNCIL GOAL
Aggressively pursue economic development.

EXECUTIVE SUMMARY
The project site is located within The Triangle Specific Plan (SP 276) area. The project proposes to subdivide the property into 23 parcels and to construct a 279,538 square foot retail shopping center in the initial phase on +/- 36.5 acres of a +/- 64-acre property located between Interstate 15 and 215 south of Murrieta Hot Springs Road. The proposal also includes an amendment (No. 2) to The Triangle Specific Plan to revise the list of allowed uses and modify various building and landscape setback requirements.

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BACKGROUND
Previous Approvals
Specific Plan 276 was adopted by the County of Riverside in 1990 and has been a part of the City’s General Plan since the City’s incorporation in 1991. The Specific Plan was zoned for commercial/retail uses and allowed approximately 1.7 million square feet of development. In 2013, the City Council approved the first amendment to the Specific Plan (
<https://www.murrietaca.gov/DocumentCenter/View/614/The-Triangle-Specific-Plan-PDF>) and updated the environmental analysis with an SEIR (
<https://www.murrietaca.gov/DocumentCenter/View/12818/SP-276---Triangle-Specific-Plan-FSEIR---October2013>). The Specific Plan zoning and maximum square footage did not change.

In adopting the SEIR (City Council Resolution No. 13-3151) for the Project, the City Council determined there were unavoidable and potentially significant air quality impacts, project traffic and circulation impacts, and traffic and circulation impacts when traffic from other projects was added (cumulative impacts) that could not be reduced below a level of significance even with the imposition of feasible mitigation measures; therefore, the City Council adopted Findings for a Statement of Overriding Considerations concluding that the benefits of the project outweigh the unavoidable significant environmental impacts and deeming those unavoidable significant impacts acceptable. Otherwise, all other project impacts associated with Agricultural Resources, Land Use and Planning, Public Services, Utilities and Service Systems, Population and Housing, Noise, Water, Biological Resources, Energy and Mineral Resources, Cultural Resources, Recreation, Aesthetics, Geophysical Hazards, and Hazards were found to be either less than significant or less than significant with the incorporation of mitigation measures.

Project Proposal
Specific Plan Amendment No. 2 - The project before the City Council consists of Specific Plan Amendment No. 2 (SPA No. 2) (Planning Case No. SPA-2023-00003), Tentative Tract Map 38622 (TTM-2022-2706), Development Plan 2022-2705 (DP-2022-2705) and an Addendum under CEQA. There are two versions of the Specific Plan in the agenda packet. Attachment 6 is SPA No. 2 in a strikeout/underline (deleted text is shown in red with a line through the words and added text is shown in blue with an underline) format which shows what the proposed modifications in relation to the adopted SPA No. 1. Attachment 7 is SPA No. 2 in a finished format, assuming all changes are approved. The goal of SPA No. 2 is to provide more flexibility in implementing the SP without requiring additional amendments while still maintaining appropriate development standards consistent with typical development in the City. The request seeks to add new uses and modify the approval authority of several uses within the plan area, to change various development standards and administrative elements. Below is a brief list of the more notable changes.

Changes to the allowed uses in Use Table 2-1
§ Add “Drive-Through Restaurant/Fast Food” uses with the limitation noted below. o Planning Area 3 - Must be 200 feet back from Murrieta Hot Springs Road § Add “Vehicle Rental” as a permitted use, as an office only § Add “Golf Driving Ranges” (with or without restaurants) subject to a Minor Conditional Use Permit (Minor CUP)
§ Change “Outdoor Recreation, Commercial” from a Conditional Use Permit (CUP) to a Minor CUP § Add “Hospitals”, subject to a CUP
§ Add “Extended Care Facilities” (less than 30 day stay), subject to a Minor CUP. § Modify criteria for “Warehouse Retail Stores” to state “greater than 70,000 sf” and subject to a Minor CUP
§ Amend “Veterinary Clinics, Animal Hospitals, Kennels and Boarding Facilities” from a permitted use to CITY OF MURRIETA Page 3 of 9 Printed on 8/20/2024
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§ Amend “Veterinary Clinics, Animal Hospitals, Kennels and Boarding Facilities” from a permitted use to a Minor CUP and to remove the restriction that the facility be within a retail business and cannot exceed 40% of the business floor space
The difference between a Minor Conditional Use Permit (MCUP) and a Conditional Use Permit (CUP) is that an MCUP can be approved by the Development Services Director while a CUP must be approved by the Planning Commission.

Changes to Development Standards (Section 2) and Administrative Matters (Section 4) § Change the 60-foot landscape setback along Murrieta Hot Springs Road to 15 feet for parking areas and 25 feet for buildings, with allowances for certain exceptions (For reference, See Exhibit 2-28 through 2-31 and Section 2.5.3-Office, Section 2.5.4-Retail & Restaurant, and Section 2.5.5-Hotel) (Section 2).
§ Reduce various building and landscape setback requirements within the interior of the specific plan area (Section 2).
§ Modify various setback standards as a result of changing the setbacks from the landscape setback to a more conventional method of applying setbacks from property lines (Section 2). § Reduce parking garage setbacks from Murrieta Hot Springs Road from 100 feet to 25 feet when less than two stories (Section 2).
§ Include provisions for the replacement of the two existing billboards for two electronic billboards (Section 4).
§ Increase the allowances for additional freeway and pylon signs, increased heights, larger sign area, and larger area for on-site digital signage (Section 4). § Authorize the Development Services Director to consider reductions to various setbacks within the specific plan, either through a set 25% reduction, or through specified changes identified as Minor Exceptions (Section 4).

DP-2022-2705 - DP-2022-2705 (See Attachment 8a and 8b) represents the initial Development Plan to approve new construction within The Triangle Specific Plan proposing 279,538 square feet of retail development on 36.46 acres. The development is focused on the northerly portion of the Specific Plan area.

Specifically, there is 197,191 square feet of commercial/retail area and 82,347 square feet of food/restaurant uses with 11,100 square feet of outdoor dining areas. There are two primary access points into the center, one at the intersection of future Monroe Avenue (currently Sparkman Court) and Murrieta Hot Springs Road, and the other is located at the intersection of Hancock Avenue and Murrieta Hot Springs Road, both of which will be signalized. An additional minor access point will be provided between the two primary access drives and will be limited to right-in and right-out vehicle turning movements. A total of 1,675 parking spaces are provided, more than the minimum required in the City’s Development Code. The remaining southerly 28 acres of the site are slated for future development that would be approved through the approval of subsequent Development Plan applications and compliance with CEQA. The remaining development capacity within the specific plan area after this initial development phase is approximately 1.4 million square feet of commercial/ retail uses.

Infrastructure improvements consist of widening Murrieta Hot Springs Road primarily to accommodate deceleration lanes into the project site and the installation of traffic signals at the intersection of Murrieta Hot Springs Road at Hancock and Murrieta Hot Springs Road at Sparkman Drive/Monroe Avenue. A sewer line will be extended from the north side of Sparkman Drive (future Monroe Avenue) through the project site under I-15, to connect to an existing sewer line on the west side of I-15. Monroe Avenue on the north side of Murrieta Hot Springs Road will also be realigned and widened to be more perpendicular to Murrieta Hot Springs Road and to accommodate proper lane configuration from the south side. Staff notes Sparkman Drive (Future Monroe Avenue) will be extended north to connect with Los Alamos Road at some point in the future as a City capital improvement project, which should result in a better trip distribution of traffic to and from the project site. There are several documents that make reference to Monroe Avenue (future Monroe), or CITY OF MURRIETA Page 4 of 9 Printed on 8/20/2024
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project site. There are several documents that make reference to Monroe Avenue (future Monroe), or Sparkman Court or Sparkman Drive and this report will identify the street as “Sparkman Drive/Monroe Avenue” from this point forward as they are the same street.

TTM-2022-2706 - Tentative Tract Map 38622 (see Attachment 8c) covers the entire 64.3-acre Specific Plan area and proposes to subdivide the property into 23 lots/parcels. There are five (5) lettered lots shown on the map that are required to be dedicated to the City as they represent right-of-way (ROW) along Murrieta Hot Springs Road to provide the appropriate road width (150-feet) to meet city standard 102A. Additional width is also necessary in areas where a deceleration lane is designed. The map includes a request for a vacation of a previously dedicated road, Rogers Dale Avenue. An access easement is shown providing appropriate legal and emergency/public access to all lots within the subdivision.

Analysis
SPA No. 2 - Retail development has substantially changed over the past three decades due to the advent of e -commerce and changes in consumer shopping trends, which resulted in the closure of tens of thousands of retail stores throughout North America. Retail industry analysts have dubbed the current store closure trend as the “retail apocalypse”. In response, newer commercial retail projects are incorporating more restaurants, fitness, and entertainment uses, and less retail area in projects. The proposed changes to the project are consistent with this evolution, as well as the City’s General Plan Goals and Policies, and will allow more flexibility in implementing the Specific Plan while still maintaining similar development standards that are applied throughout the City. In many cases, the development standards in the Specific Plan contain higher standards than are required in other areas of the City.

Development Plan & Tentative Map - The Tentative Map and Development Plan meet all of the requirements CITY OF MURRIETA Page 5 of 9 Printed on 8/20/2024
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Agenda Item No.

Development Plan & Tentative Map - The Tentative Map and Development Plan meet all of the requirements of the Specific Plan in terms of building and landscape setbacks, parking, minimum landscape area, building massing and architecture, refuse/recycling, and fire access. To deviate from several of the Specific Plan requirements (building and/or landscape setback width and percentage of parking at the rear of a building), the applicant requested reductions via a Minor Exception. The Specific Plan allows for a Minor Exception or administrative adjustments, as a deviation from a Specific Plan requirement that falls within a specific range.

The minor exception allowances are described in more detail in Section 4.4.2 of the Specific Plan. Staff supports the requested Minor Exception requests as they do not affect fire access, do not pose a health or safety hazard, and still maintain appropriate landscape widths along the project perimeter and internally. A more detailed analysis describing the Development Plan and Tentative Map’s compliance with the Specific Plan and General Plan can be found in the Planning Commission Staff Report (Attachment 5).

Findings and Specific Plan Goals
Specific findings are required to be made for each of the three application types. Staff recommends approval of the project based on the findings made in accordance with MMC section 16.66.080 for the SPA, which is discussed in Section 2 of the Ordinance (Attachment 1). Findings for the TTM pursuant to MMC Section

16.94.080 and Development pursuant to MMC Section 16.56.040 are in the Resolution (Attachment 2).

Section 1.3.2 of the Specific Plan identifies specific project planning goals. Some of the more prominent goals are noted below:

1. “Implement the City of Murrieta General Plan policies and objectives relevant to the site.” The Project is consistent with and implements many of the City’s General Plan goals, policies and objectives.

General Plan Goal LU-1 - “A complimentary balance of land uses throughout the community that meets the needs of existing residents and businesses as well as anticipated growth and achieves the community’s vision.”
· Policy LU-1.2, Ensure future development provides for a variety of commercial, industry, and housing that serve the spectrum of incomes within the region.
· Policy LU-1.3, Establish a range of residential density and non-residential intensities to encourage a wide range of development opportunities.
· Policy LU-1.5, Encourage a wide variety of retail and commercial services, such as restaurants, and cultural arts/entertainment, in appropriate locations.

Goal LU-7 “Economically viable, vital, and attractive commercial centers throughout the City that serve the needs of the community.”
· Policy LU-7.1, Work with property owners of vacant commercially zoned property to develop their sites into appropriate, economically viable projects.
· Policy LU7.5, Provide convenient freeway access for regionally-serving commercial centers to attract a regional customer base.
· Policy LU-7.6, Focus commercial retail centers adjacent to major transportation corridors · Policy LU-7.8, Encourage consolidation of parking and reciprocal access agreements between adjacent business and commercial center property owners. · Policy LU-7.9, Encourage opportunities for complementary retail and service uses to serve local residents and the daytime employment population.
· Policy LU-7.10, Encourage a range of retail uses that serve local residents in the region.

Goal LU-8 “A community that provides opportunities for mixed use and/or transit-oriented development.” · Policy LU-8.1, Encourage integrated development that incorporates a mix of uses (residential, commercial, office) in mixed use or transit-oriented development areas. · Policy LU-8.6, Encourage higher density residential, commercial, and employment development near a future Metrolink or High-Speed Rail Station, along other major public transportation routes, and at other CITY OF MURRIETA Page 6 of 9 Printed on 8/20/2024
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future Metrolink or High-Speed Rail Station, along other major public transportation routes, and at other suitable locations.

Goal LU-12 “A focused development and economic development strategy that emphasizes specialized land use policies within identified Focus Areas.”
· Policy LU-12.1, Provide for the highest level of retail and job-creating uses in areas adjacent to the I-15 and I-215 freeways. This includes the North Murrieta Business Corridor, Golden Triangle North (Central Murrieta), and South Murrieta Business Corridor Focus Areas.

Goal ED-1 “A highly visible and attractive commercial mixed-use regional hub located at the confluence of the I-15 and I-215 freeways in central Murrieta” and policies ED-1.1 & ED-1.3.

The project provides the opportunity for a variety of commercial uses, including retail, food/restaurant, and service uses, which are conveniently located near two major freeways that will serve the region and the local residents. The planned additional services, employment opportunities, and potential fiscal revenue sources are intended to bring further balance to the existing and planned future residential uses in the City. The Specific Plan allows for a higher intensity of development and the proposed Development Plan represents an initial phase with additional vacant land remaining for future development.

The Project is also consistent with other specific goals and policies, including: General Plan Goal CIR-1. “A circulation system that serves the internal circulation needs of the City, while also addressing the intercommunity or through travel needs and corresponding policies” (Policy CIR-1.1, CIR-1.3, CIR-1.10), Goal CIR6 “Alternative travel modes and facilities are available to serve residents and employers/employees and reduce vehicle miles traveled”. (Policy CIR-6.8, CIR-6.9, and CIR-6.13).

The project is limited to two main access drives and a restricted turning movement for the third access drive.

The project is conditioned to provide a bus stop (turnout), shelter, and bench and is required to provide a Trip Reduction Plan prior to occupancy. Murrieta Hot Springs Road has a bike lane, and the project is designed with bike lanes on the primary drive access. Additionally, a landscaped area will be provided between the road and the sidewalk along Murrieta Hot Springs Road.

The project meets Infrastructure Element Goal INF-1, “New development and redevelopment is coordinated with the provision of adequate infrastructure for water, sewer, stormwater, and energy.” and corresponding policies INF-1.1, INF-1.4, and INF-1.21. The project will construct facilities both on- and off-site to support the area and help protect off-site areas from inundation. These facilities will be constructed by the developer and then dedicated to the appropriate public agency for ownership.

2. “Create project and community identity through thematically coherent and aesthetically eloquent architecture, landscaping, colors, signage, and boundary and entry statements.” The Project would introduce a new shopping center with an architectural design, Modern Farmhouse, that has not been constructed in the city. Additionally, the center would have landscaping along the perimeter of the development, and an enhanced entry drive which would provide an identity to the area.

3. “Locate regional shopping facilities where they are optimally served by the regional transportation system and will have minimal impact on secondary and surface streets.” The Project is located on Murrieta Hot Springs Road and adjacent to Interstate 15 and 215 making the project highly visible.

4. “Consistent with the adopted City General Plan size and phase the regional center development plan to satisfy and be consistent with current and anticipated future regional market demands through the design of an integrated mixed use development of approximately 1,700,000 square feet.“ The Project represents about 280,000 square feet of retail space with approximately 80,000 square feet anticipated CITY OF MURRIETA Page 7 of 9 Printed on 8/20/2024
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as various levels of food services ranging from quick serve, sit-down, and drive through restaurants.

5. “Increase tax revenues to the City of Murrieta by recapturing sales currently “leaking” to other areas, attracting new sales from outside the community, and enhancing other income sources such as property tax, business license fees, and development fees.” The Project would provide additional retail space to allow for businesses that are not currently in the Murrieta market. This new retail space would result in additional property tax, sales tax, business license fees, and development impact fees.

6. “Improve the sub-regional jobs to housing ratio by providing a substantial number of new construction and permanent jobs in the local community.” The Project would add approximately 560 new jobs which would contribute to improving the sub-regional jobs to housing imbalance.

Planning Commission Recommendation (July 24, 2024)
The project was considered by the Planning Commission at a public hearing. During the public notice period for the hearing, no public comments (written, or in person) were received. On July 24, 2024, the Planning Commission opened the public hearing, and no members of the public spoke on the project. The Planning Commission asked several questions related to road and other infrastructure improvements, sales tax leakage, traffic, and public safety. The Planning Commission recommended approval of the project with an added recommendation that the City Council require the developer to provide an interior space within the center and a dedicated parking space for the Police Department. Details of size, location, and specifics are to be worked out between the developer and the Police Department per recommended Condition of Approval No.

42. See Attachment 4 for the Planning Commission Resolution.

Department Recommendation
Along with the approval of the project’s CEQA document, as described below, the Development Services Department recommends approval of the proposed project subject to the conditions of approval. Attachment 1 introduces Ordinance No. 607-24 to amend the Triangle Specific Plan (SP 276), representing the second amendment. Attachment 2 is the resolution to approve Development Plan 2022-2705 (DP-2022-2705) and Tentative Tract Map 38622 (TTM-2022-2706). Based on the recommendation from the Planning Commission, staff has added condition of approval No. 42 to require the developer to provide an interior office space within the shopping center with a size and location to be coordinated with the Police Department, prior to building permit issuance. A marked parking space for Police vehicles shall also be provided in close proximity to the office space.

CEQA Review & Environmental Determination
As documented in the Background Section of this agenda report, an EIR and a SEIR were previously adopted in connection with the Specific Plan and Specific Plan Amendment No. 1. Staff recommends that the City Council approve an Addendum as a result of minor technical changes occurring to the Project as described earlier in the report, such as changes in setbacks and other development standards, the administrative development approval process, and the expanded permitted and conditionally permitted commercial uses consistent with a retail/commercial center. The Addendum concludes that the Project falls within the scope of the previously certified SEIR as none of the following criteria under CEQA Guidelines Section 15162 have occurred. For example, the 2013 SEIR contemplated approximately 1.7 million square feet of development.

The proposed Project does not modify the buildout area anticipated under the Specific Plan.

Hence, staff recommends that the City Council determine that the Addendum to the SIER prepared for SPA CITY OF MURRIETA Page 8 of 9 Printed on 8/20/2024
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Hence, staff recommends that the City Council determine that the Addendum to the SIER prepared for SPA No. 2 is appropriate pursuant to CEQA Guidelines 15162 and 15164. The Project is subject to the previous Mitigation Measures identified in the Monitoring and Reporting Program (MMRP). More information on the CEQA review and analysis can be viewed in the Planning Commission Staff Report (Attachment 5). The proposed Addendum is included as Exhibit C to Attachment 2.

Noticing
The public hearing for the project was noticed in compliance with Chapter 16.76 of the Development Code.

The City posted two signs along Murrieta Hot Springs Road on the property, mailed notices to property owners within a 300-foot radius, and advertised in the newspaper a minimum of 10 days prior to the hearing. Notice was also provided to agencies/associations representing blind, aged, and disabled persons pursuant to Government Code Sections 65090(d) and 65091(d).

FISCAL IMPACT
The development of the project will increase the amount of retail development occurring within the city, which is anticipated by and consistent with the General Plan. The demand for City services will increase proportionally with the addition of commercial development. The new development will result in increased property and sales tax.

ATTACHMENTS

1. Ordinance No. 607-24
Exhibit A-Draft Conditions of Approval for SP-2023-00003

2. Resolution No. 24-4779
Exhibit A -Draft Conditions of Approval for DP-2022-2705 Exhibit B -Draft Conditions of Approval for TTM-2022-2706 Exhibit C- Addendum to the SEIR

3. Vicinity Map

4. Draft Planning Commission Resolution (July 24, 2024)

5. Planning Commission Staff Report (July 24, 2024 - without attachments)

6. Draft Specific Plan Amendment (Strikeout/Underline Version)

7. Draft Specific Plan Amendment (Clean Version)

8. Project Plans
8a. Development Plan (Site Plan, Architecture, Preliminary Grading, Preliminary Landscape) 8b. Preliminary Photometric Plans
8c. Tentative Tract Map 38622

9. Draft Notice of Determination
CITY OF MURRIETA Page 9 of 9 Printed on 8/20/2024
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ORDINANCE NO. 607-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

MURRIETA, CALIFORNIA, APPROVING AND ADOPTING SPECIFIC
PLAN AMENDMENT NO. 2 (SPECIFIC PLAN 276 AMENDMENT NO. 2 - FORMERLY NAMED MURRIETA SPRINGS MALL) FOR A 64.3 ACRE

SITE LOCATED SOUTHERLY OF MURRIETA HOT SPRINGS ROAD,
EAST OF INTERSTATE 15 AND WEST OF INTERSTATE 215, APN’S (910-390-001 THROUGH 910-390-003, 910-390-008 THROUGH -018, 910- 390-020 THROUGH 910-390-022, 910-400-001 THROUGH -018)
(PLANNING CASE NO. SP-2023-00003)
WHEREAS, the applicant, Tres Estrellas, LLC (hereafter Tres Estrellas) (Applicant) on behalf of Tres Estrellas, LLC and Domenigoni Barton Properties, LLC (DBP) (Owner) submitted three applications to the City of Murrieta (City) for Specific Plan Amendment No. 2 (SP-2023-00003) to Specific Plan 276 (The Triangle) on October 30, 2023, and Tentative Tract Map 38622 (TTM2022-2706) and a Development Plan 2022-2705 on October 24, 2022, to a 64.3 acre area (the Project); and
WHEREAS, the Project site is generally located south of Murrieta Hot Springs Road and between Interstate Highway 15 (I-15) and 215 (I-215) in the City of Murrieta and County of Riverside; and WHEREAS, the project area legal description is described as Parcels 1 through 29 of Parcel Map 28280, in the city of Murrieta, County of Riverside, State of California, as per plat recorded in Book 197, Pages 4 through 16, inclusive of parcels maps, records of said county. APN’s 910-390- 001 through 910-390-003, 910-390-008 through -018, 910-390-020 through 910-390-022, 910- 400-001 through -018 all owned by Tres Estrellas and DBP; and WHEREAS, Specific Plan 276 (Murrieta Springs Mall) was originally adopted by the County of Riverside on October 30, 1990 for an indoor retail mall, including uses such as offices, restaurant, entertainment, and hotel, with a maximum of approximately 1.7 million square feet, which also included certification of Environmental Impact Report (EIR) 358 (SCH No. 90020608); and WHEREAS, the County of Riverside subsequently entered into a Development Agreement (D.A. #54) vesting the Murrieta Springs Mall Specific Plan and, upon the City’s incorporation, the City of Murrieta amended the Development Agreement, which amendment was recorded on February 23, 1994 and expired on April 23, 2023; and
WHEREAS, on October 15, 2013, the City Council adopted Ordinance No. 481-13, Specific Plan Amendment No. 1, an amendment and restatement to Specific Plan 276, which included changing the name from “Murrieta Springs Mall” to “The Triangle” and alterations to the Specific Plan; and WHEREAS, on October 1, 2013, City Council adopted Resolution No. 13-3151, certifying Subsequent Environmental Impact Report (SEIR) associated with the approval of Specific Plan Amendment No. 1, finding that short term and long term traffic impacts and air quality impacts (operational, cumulative, and AQMP Consistency) associated with the development of the project 722
could not be reduced to a level of less than significance even with the imposition of feasible mitigation measures. All other project impacts were found to either be less than significant or less than significant with the adoption of mitigation measures; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et seq. (CEQA) any legislative approvals for the Project are subject to review under CEQA, and the City of Murrieta as the lead agency, is responsible for assessing the environmental impacts, if any, which may result from the Project; and WHEREAS, in accordance with CEQA Guidelines (Cal. Code. Regs. Title 14) Section 15162 and 15164, an Addendum was prepared for the Project and the City Council determined at its meeting of August 20, 2024 by the adoption of Resolution No. 24-4779, prior to the approval of first reading of Ordinance No. 607-24 approving and adopting Specific Plan Amendment No. 2, that the Project falls within the scope of the previously certified SEIR as none of the following criteria under CEQA Guidelines Section 15162 have occurred: (1) there are no substantial changes to the Project that require major revisions to the SEIR due to new significant environmental effects, (2) there are no substantial changes with respect to the circumstances under which the Project is considered that involve any new significant environmental effects or substantial increase in the severity of previously identified significant effects, and (3) no new information that shows the Project will have more significant effects not previously discussed, no new significant effects previously examined will be substantially more severe than previously shown, no new mitigation measures are necessary; and
WHEREAS, the proposed Specific Plan Amendment No. 2 includes Commercial (C) land uses and associated infrastructure; and
WHEREAS, the proposed Specific Plan Amendment No. 2 maintains the originally approved development area of approximately 1.7 million square feet of retail commercial, office, entertainment, and restaurant uses anticipated by Specific Plan Amendment No.1; and WHEREAS, pursuant to Chapter 16.66, Specific Plans, of the Murrieta Development Code, this Project requires an Amendment to Specific Plan 276, which may be adopted by ordinance and include regulations and criteria for development of a site; and WHEREAS, a public hearing was duly noticed for the Planning Commission meeting of July 24, 2024, by mailing a notice to property owners within a 300-foot radius of the site, publishing the notice in The Press Enterprise newspaper, and posting the Project site on or before July 14, 2024; and
WHEREAS, on July 24, 2024, the Planning Commission held a duly noticed public hearing, and considered all written and oral reports of staff, public testimony on the matter, and written and oral testimony provided by the Applicant and such other matters as are reflected in the record of this matter; and
WHEREAS, the Planning Commission used its independent judgement and considered all the reports, recommendations, and testimony; and
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WHEREAS, on July 24, 2024, the Planning Commission recommended that the City Council adopt the environmental determination as satisfying the requirements of CEQA and approve The Triangle Specific Plan Amendment No. 2 (SP-2023-00003) with a vote of 3-0-1-1; and WHEREAS, a public hearing on the matter was duly noticed as provided in Murrieta Development Code section 16.78.050 for the City Council meeting of August 20, 2024; and WHEREAS, the City Council held a duly-noticed public hearing on August 20,2024, at which time, the City Council considered the Planning Commission recommendations, staff report and recommendations and public comments, both oral and written; and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURRIETA, in accordance with Chapter 16.66 of the Murrieta Municipal Code, and based upon the facts and statements of public and city staff, and information of record provided at the public hearing in this matter, the City Council of the City of Murrieta makes the following findings regarding Specific Plan Amendment SP-2023-00003:

SECTION 1: Findings for Approval of Specific Plan 276 Amendment No. 2 (The Triangle).

1. The proposed specific plan amendment is consistent with the objectives, policies, general land uses, programs, and actions of all elements of the general plan.

FACTS: SPA No. 2 is consistent with the following objective, policies, general land uses, programs, and actions of all applicable elements of the general plan. For example, the SPA is consistent or implements the following goals and policies:

General Plan Goal LU-1 - “A complimentary balance of land uses throughout the community that meets the needs of existing residents and businesses as well as anticipated growth, and achieves the community’s vision.”
• Policy LU-1.2, Ensure future development provides for a variety of commercial, industry, and housing that serve the spectrum of incomes within the region. • Policy LU-1.3, Establish a range of residential density and non-residential intensities to encourage a wide range of development opportunities. • Policy LU-1.5, Encourage a wide variety of retail and commercial services, such as restaurants, and cultural arts/entertainment, in appropriate locations.

Goal LU-7 “Economically viable, vital, and attractive commercial centers throughout the City that serve the needs of the community.”
• Policy LU-7.1, Work with property owners of vacant commercially zoned property to develop their sites into appropriate, economically viable projects. • Policy LU7.5, Provide convenient freeway access for regionally-serving commercial centers to attract a regional customer base. • Policy LU-7.6, Focus commercial retail centers adjacent to major transportation corridors
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• Policy LU-7.8, Encourage consolidation of parking and reciprocal access agreements between adjacent business and commercial center property owners. • Policy LU-7.9, Encourage opportunities for complementary retail and service uses to serve local residents and the daytime employment population. • Policy LU-7.10, Encourage a range of retail uses that serve local residents in the region.

Goal LU-8 –“A community that provides opportunities for mixed use and/or transitoriented development.” • Policy LU-8.1, Encourage integrated development that incorporates a mix of uses (residential, commercial, office) in mixed use or transit-oriented development areas.
• Policy LU-8.6, Encourage higher density residential, commercial, and employment development near a future Metrolink or High Speed Rail Station, along other major public transportation routes, and at other suitable locations.

Goal LU-12 –“A focused development and economic development strategy that emphasizes specialized land use policies within identified Focus Areas.” • Policy LU-12.1, Provide for the highest level of retail and job-creating uses in areas adjacent to the I-15 and I-215 freeways. This includes the North Murrieta Business Corridor, Golden Triangle North (Central Murrieta), and South Murrieta Business Corridor Focus Areas.

Goal ED-1- “A highly visible and attractive commercial mixed-use regional hub located at the confluence of the I-15 and I-215 freeways in central Murrieta” and policies ED-1.1 & ED-1.3. The project provides the opportunity for a variety of commercial uses including retail, food/restaurant, and service uses which is conveniently located near two major freeways that will serve the region and the local residents. The planned additional services, employment opportunities, and potential fiscal revenue sources are intended to bring further balance to the existing and planned future residential uses in the city. The Specific Plan allows for a higher intensity of development and the Development Plan represents a phase within the specific plan with additional vacant land remaining for future development.

Other specific goals and policies the Project is consistent with are: General Plan Goal CIR1. “A circulation system that serves the internal circulation needs of the City, while also addressing the inter-community or through travel needs and corresponding policies” (Policy CIR-1.1, CIR-1.3, CIR-1.10), Goal CIR-6 “Alternative travel modes and facilities are available to serve residents and employers/employees and reduce vehicle miles traveled”.(Policy CIR-6.8, CIR-6.9, and CIR-6.13).

The project is limited to two main access drives and a restricted turning movement for the third access drive. The project is conditioned to provide a bus stop (turnout), shelter, and bench and is required to provide a Trip Reduction Plan prior to occupancy. Murrieta Hot Springs Road has a bike lane and the project is designed with bike lanes on the primary 725
drive access. Additionally, a landscaped area will be provided between the road and the sidewalk along Murrieta Hot Springs Road.

The project meets Infrastructure Element Goal INF-1, “New development and redevelopment is coordinated with the provision of adequate infrastructure for water, sewer, storm water, and energy.” and corresponding policies INF-1.1, INF-1.4, and INF1.21. The project will construct facilities both on- and off-site to support the area and help protect off-site areas from inundation. These facilities will be constructed by the developer and then dedicated to the appropriate public agency for ownership.

The consistency of the Specific Plan Amendment with the general plan is more specifically addressed in Section 1.4.4 of the Specific Plan Amendment and is incorporated herein by reference.

2. The proposed specific plan amendment is necessary and desirable in order to implement the general plan.

FACTS: The amendment is necessary and desirable in order to implement the general plan as the amendment allows greater flexibility in implementing the specific plan while maintaining the objectives and goals of the Specific Plan and General Plan. Many of the requested changes involve reduced landscape setbacks; however, the proposed setbacks are still equivalent or exceed city standards.

3. The proposed specific plan amendment would not adversely affect the public convenience, health, safety, or general welfare, or result in an illogical land use pattern.

FACTS: Adopted SPA No. 1 was determined to not adversely affect the public convenience, health, safety, or general welfare, or result in an illogical land use pattern.

This proposed second amendment is not proposing any changes that would affect the original determination as the development standards still meet or exceed city requirements and the proposed changes to the uses are primarily consistent with the Regional Commercial zone. The project site currently has a General Plan designation of Commercial (C) and acknowledges SP 276 as a commercial development of up to 1.76 million square feet.

4. The development standards contained in the specific plan amendment would result in a superior development to that which would occur using standard zoning and development regulations.

FACTS: The development standards in the amendment results in an elevated development design to that which would occur using standard zoning and development regulations. For example, the Plan accounts for greater landscape setbacks, pedestrian connectivity between Planning Areas, and an enhanced drive aisle design. In addition, any development of the project area would be completed in accordance with the provisions of The Triangle Specific Plan and Triangle Design Guidelines and would require a Development Plan application for City review and approval. Common project theme/elements would be prevalent in 726
development throughout the center, including landscape palate, site lighting, paving features, benches, signage, and other site amenities.

5. The proposed specific plan amendment would be in compliance with the provisions of the CEQA.

FACTS: In accordance with CEQA Guidelines (Cal. Code. Regs. Title 14) Section 15164, an Addendum was prepared and determined that the project falls within the scope of the previously certified SEIR as none of the following criteria under CEQA Guidelines Section 15162 have occurred; (1) there are no substantial changes to the Project that require major revisions to the SEIR due to new significant environmental effects, (2) there are no substantial changes with respect to the circumstances under which the Project is considered that involve any new significant environmental effects or substantial increase in the severity of previously identified significant effects, and (3) no new information that shows the Project will have more significant effects not previously discussed, no new significant effects previously examined will be substantially more severe than previously shown, no new mitigation measures are necessary. The Project is subject to the previous Mitigation Measures identified in the Mitigation Monitoring and Reporting Program (MMRP).

6. The proposed specific plan amendment would not create internal inconsistencies within the specific plan and is consistent with the purpose and intent of the specific plan it is amending.

FACTS: The SPA would not create internal inconsistencies within the Plan and is consistent with the purpose and intent of the original Specific Plan (SP 276).

SECTION 2: Approval.

A. Specific Plan Amendment No. 2 (The Triangle) (SP-2023-00003) attached to the Agenda Report is hereby adopted and incorporated herein by this reference, subject to the Conditions of Approval.

B. The Conditions of Approval, attached as Exhibit A, will be incorporated into and made a part of The Triangle Specific Plan. The Project will be subject to subsequent subdivision maps and discretionary approvals, whether legislative or administrative, in accordance with Title 16 of the Murrieta Development Code.

C. The Triangle Specific Plan area is more specifically described as 64.3 acres currently comprised of thirty-five (35) assessor parcels and a 13.02-acre parcel identified as Lot A:
(1) 910-390-001, (2) 910-390-002, (3) 910-390-003, (4) 910-390-008, (5) 910-390-009, (6) 910-390-010, (7) 910-390-011, (8) 910-390-012, (9) 910-390-013, (10) 910-390-014, (11) 910-390-015, (12) 910-390-016, (13) 910-390-017, (14) 910-390-018, (15) 910-390-020 (16) 910-390-021, (17) 910-390-022, (18) 910-400-001, (19) 910-400-002, (20) 910-400-003, (21) 910-400-004, (22) 910-400-005, 727
(23) 910-400-006, (24) 910-400-007, (25) 910-400-008, (26) 910-400-009, (27) 910-400-010, (28) 910-400-011, (29) 910-400-012, (30) 910-400-013, (31) 910-400-014, (32) 910-400-015, (33) 910-400-016, (34) 910-400-017, (35) 910-400-018 Lot A of PM 28280
D. The Specific Plan is legally described as follows:

Real property in the City of Murrieta, County of Riverside, State of California, described as follows:

Parcels 1 through 29 as shown on Parcel Map 28280 in the City of Murrieta, County of Riverside, State of California, as per map thereof on file in Book 197 of Parcel Maps, Pages 4 through 16, inclusive, of Parcel Maps in the office of the County Recorder of said Riverside County.

Lot A of Parcel Map 28280.

E. A location map of the Specific Plan area is shown on page 1-3 of the specific plan.

SECTION 3: Notice of Adoption.

The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in a manner prescribed by law. This Ordinance shall take effect thirty (30) days after the date of its adoption.

Introduced at a regular meeting of the City Council of the City of Murrieta, California, held on this 20th day of August 2024.

PASSED AND ADOPTED this ___ day of ________, 2024.

Lori Stone, Mayor
ATTEST:

Cristal McDonald, City Clerk
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APPROVED AS TO FORM:

Tiffany J. Israel, City Attorney

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§

CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Ordinance No. 607-24was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the ___th day of _______, 202__, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Cristal McDonald, City Clerk
I, Cristal McDonald, City Clerk of the City of Murrieta, California further certify that Ordinance No. 607-24 was duly published according to law and the order of the City Council of said City and the same was so published in Press Enterprise, a newspaper of general circulation on the following date(s):

Adopted Ordinance: , 2024.

In witness whereof, I have hereunto subscribed my name this __ day of ______________, 2024.

Cristal McDonald, City Clerk
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EXHIBIT A
DRAFT

CONDITIONS OF APPROVAL
SPECIFIC PLAN AMENDMENT 2023-00003
THE TRIANGLE (SP 276-AMENDMENT NO. 2)
SEPTEMBER 3, 2024
All of the following conditions shall be subject to the approval of the City Council prior to the approval of permits implementing this project or in accordance with the mitigation measures contained in the environmental documentation for the project. These conditions are not intended to be all inclusive of the requirements that may be imposed on future discretionary permits required to construct this project. The City reserves the right to review future permit applications in accordance with City environmental review procedures. These conditions shall be attached to the resolution approving the Specific Plan document and placed on file with the City Clerk.

GENERAL CONDITIONS:

1. The applicant or any successor-in-interest shall defend (with attorneys approved by the City), indemnify and hold harmless the City of Murrieta, its agents, officers, and employees from any claims, damages, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning this approval of Specific Plan 2023-00003. The City will promptly notify the permittee of any such claim, action, or proceeding against the City and will cooperate fully in the defense.

2. Any fees due the City of Murrieta for processing this project shall be paid to the City within ninety (90) calendar days of final action by the approval authority. Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted. No permits, site work, or other actions authorized by this action shall be processed by the City, nor permitted, authorized or commenced until all outstanding fees are paid to the City.

3. Specific Plan Amendment No. 2 shall comply with the original conditions of approval, issued as part of Specific Plan Amendment No. 1, Ordinance 481-13.

4. Specific Plan 2023-00003 shall consist of the following:
a. Specific Plan Document, which must include, but not be limited to the following items:

1. City Council Specific Plan Ordinance.

2. Findings for Approval.

3. Conditions of Approval, including original Ordinance and Conditions of Approval

4. Land Use Plan in both 8 ½” x 11” black and white and 11’ x 17” color formats.
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Draft Conditions of Approval
SP 2023-00003
September 3, 2024

5. Specific Plan Text and Exhibits
b. Environmental Package, which must include, but not be limited to, the following items.

1. Environmental Consistency Analysis/Addendum to the Subsequent Environmental Impact Report

2. Mitigation Reporting Monitoring and Program. (M/MRP)

3. Technical Appendices (Consistency Analysis).
c. Original Condition of Approval No. 4c shall be modified as follows:

1. Remove all language referring to proposed new billboards.

2. Remove all language referring to reconstructing existing billboards to electronic display billboards.

3. Remove all language referring to proposed gas stations/service stations.

4. Remove all language referring to proposed food related drive-through facilities, including in the allowed uses matrix and all related development standards. (Modified by City Council 10/1/13)

5. Remove the word “Gaming Clubs” from the list of uses in Table 2-2 No.8 in the Specific Plan. (Added by Planning Commission 5/8/13)

6. Add “Automotive Sales/Showroom Facility-Indoor only” as a permitted use within Table 2-1 of the Specific Plan (Added by City Council 10/1/13)

7. Modify “Warehouse Retail Stores” as a Conditional Use Permit (CUP) within Table 2-1 of the Specific Plan (Added by City Council 10/1/13).

Modify “Warehouse Retail Stores-Over 70,000 square feet” as a Minor Conditional Use Permit.

8. Clarify recycling facilities as “Small Recycling Facilities and Reverse Vending Machine Recycling Facilities” as identified in the Development Code (Added by City Council 10/1/13).

9. Remove “Motels” from the list of uses in Table 2-1 of the Specific Plan (Added by City Council 10/1/13).

10. Allow Convenience Stores only as part of an office building or other primary building, not as a stand-alone structure (Added by City Council 10/1/13).

Within 60 days of final adoption, “Four (4) certified copies of the final SPECIFIC PLAN and environmental document (Consistency Analysis to the Subsequent Environmental Impact Report) shall be submitted to the Development Services (Planning) Department for distribution. If any specific plan conditions of approval differ from the specific plan text or exhibits, the specific plan conditions of approval shall take precedence.
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Draft Conditions of Approval
SP 2023-00003
September 3, 2024

5. Pursuant to Section 711.4 of the State of California Fish and Game Code, the permittee is required to pay a $50.00 handling fee and a certification fee for the filing of a Notice of Determination (NOD) related to The Triangle (SP 276) Subsequent EIR. Said fees shall be paid to the Clerk/Recorder of the County of Riverside at the time the Notice of Determination is filed pursuant to Section 21152 of the Public Resources Code. If this fee is not paid, the approval of this project shall not be operative, vested, or final. To comply with State-mandated timelines for filing a Notice of Determination, the applicant shall file the NOD electronically to the Riverside County Clerk/Recorder’s Office. Failure to remit the required fee in full within the time specified above will result in a delay of the start of the 180-day statute of limitations (SOL) on Court challenges to the approval under CEQA, whereas recordation of the NOD within five (5) days of project approval limits the SOL to 35 days. In order to comply with State mandated timelines for filing of a Notice of Determination, the above fee must be paid within five (5) days after the date of final approval.

6. The applicant has ninety (90) days from the date of the approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations, and/or exactions imposed on this project as a result of the approval or conditional approval of this project.

7. The permittee/developer or their successor-in-interest shall comply with the Final Subsequent Environmental Impact Report (SEIR), Mitigation Monitoring and Reporting Program (MMRP) and are hereby incorporated herein as conditions of approval.

END OF CONDITIONS
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Resolution No. 23-4707

RESOLUTION NO. 24-4779

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA APPROVING: (1) AN ADDENDUM TO A PREVIOUSLY

CERTIFIED SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FOR
THE TRIANGLE (2) TENTATIVE TRACT MAP 2022-2706 (TTM 38622), AND (3) DEVELOPMENT PLAN 2022-2705 FOR THE SHOPS AT THE TRIANGLE, A 64.3-ACRE SITE TO BE DEVELOPED WITH A 279,538

SQUARE FOOT REGIONAL SHOPPING CENTER ON APPROXIMATELY

36.5 ACRES AND TO SUBDIVIDE THE 64.3 ACRE SITE INTO 23 PARCELS

AND RELATED IMPROVEMENTS FOR CIRCULATION,

INFRASTRUCTURE, AND LANDSCAPING LOCATED SOUTHERLY OF
MURRIETA HOT SPRINGS ROAD, EAST OF INTERSTATE 15 AND WEST -390-001 THROUGH 910-390-003, 910-390-
008 THROUGH -018, 910-390-020 THROUGH 910-390-022, 910-400-001 THROUGH -018) WITHIN THE REGIONAL COMMERCIAL ZONE OF THE

TRIANGLE SPECIFIC PLAN AREA
WHEREAS, Specific Plan 276 (Murrieta Springs Mall) was originally adopted by the County of Riverside on October 30, 1990 for an indoor retail mall, including uses such as offices, restaurant, entertainment, and hotel, with a maximum of approximately 1.7 million square feet, which also included certification of Environmental Impact Report (EIR) 358 (SCH No. 90020608); and WHEREAS, on October 1, 2013, City Council adopted Resolution 13-3151, certifying Subsequent Environmental Impact Report (SEIR) associated with the approval of Specific Plan Amendment No. 1 to Specific Plan 276, finding that short term and long term traffic impacts and air quality impacts (operational, cumulative, and AQMP Consistency) associated with the development of the project could not be reduced to a level of less than significance even with the imposition of feasible mitigation measures. All other project impacts were found to either be less than significant or less than significant with the adoption of mitigation measures; and WHEREAS, the applicant, Tres Estrellas, LLC (Applicant) on behalf of Tres Estrellas and Domenigoni Barton Properties, LLC (DBP) (Owner) filed applications with the City of Murrieta (City) for Specific Plan Amendment No. 2 (SP-2023-00003) to Specific Plan 276 (The Triangle), Tentative Tract Map 38622 (TTM-2022-2706), and Development Plan 2022-2705 to a 64.3 acre area (Project); and
WHEREAS, the Project site is generally located south of Murrieta Hot Springs Road and between Interstate Highway 15 (I-15) and 215 (I-215) in the City of Murrieta and County of Riverside; and WHEREAS, the project area legal description is described as Parcels 1 through 29 of Parcel Map 28280, in the city of Murrieta, County of Riverside, State of California, as per plat recorded in Book -390-001
through 910-390-003, 910-390-008 through -018, 910-390-020 through 910-390-022, 910-400-001 through -018 all owned by Owner; and
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WHEREAS, Applicant has submitted an application in accordance with Murrieta Municipal Code Title 16 (Development Code), Chapter 16.66 for Specific Plan Amendment (SPA) No.2 to SP 276 (The Triangle Specific Plan); and
WHEREAS, Applicant has submitted an application in accordance with Development Code Chapter

16.56 for Development Plan (DP-2022-2705) proposing the development of a 279,538 square foot regional commercial center on approximately 36.5 acres of the project site; and WHEREAS, Applicant has submitted an application in accordance with Development Code Chapter

16.94 for Tentative Tract Map 36822 (TTM 2022-2706) proposing a 23 lot subdivision on 64.3 acres; and
WHEREAS, the proposed SPA maintains the development of approximately 1.7 million square feet of retail commercial, office, entertainment, and restaurant uses which was evaluated in the 2013 Specific Plan Amendment No. 1; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et seq. A the proposed approvals for the Project are subject to review under CEQA, and the City of Murrieta as the lead agency, is responsible for assessing the environmental impacts, if any, which may result from the Project; and

WHEREAS
environmental impacts and has determined that the Project will not: (1) result in any new significant impacts or a substantial increase in the severity of previously identified significant impacts as compared to the environmental impacts of the Specific Plan Amendment No. 1 that were examined in the SEIR; or (2) require any new mitigation measures or alternatives. The applicable mitigation measures identified in the SEIR for Specific Plan Amendment No. 1 are incorporated into the design of the Project or are imposed either as mitigation measures or as conditions of approval for the Project, or both, as appropriate. The City, therefore, has prepared an Addendum to the SEIR (Addendum) for the Project pursuant to Public Resources Code Sections 21166 and CEQA Guidelines Sections 15162 and 15164; and
WHEREAS, a public hearing was duly noticed for the Planning Commission meeting of July 24, 2024, by mailing a notice to property owners within a 300-foot radius of the site, publishing the notice in The Press Enterprise newspaper, and posting the Project site on or before July 14, 2024; and
WHEREAS, on July 24, 2024, the Planning Commission held a duly noticed public hearing, and considered all written and oral reports of staff, public testimony on the matter, and written and oral testimony provided by the applicant and such other matters as are reflected in the record of this matter; and
WHEREAS, the Planning Commission made a written recommendation to the City Council to approve: (1) the proposed Specific Plan Amendment and make findings as required by Development Code Section 16.66.100, (2) the Development Plan based on the findings contained in Development Code Section 16.56.040, and (3) proposed Tentative Tract Map based on the findings contained in Development Code Section 16.94.080, such that at its meeting of July 24, 2024, the Planning 734
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Commission recommended that the City Council adopt an Ordinance and Resolution approving the project; and
WHEREAS, the Planning Commission used its independent judgment and considered all the reports, recommendations, and testimony set forth above, and, with a vote (3-0-1-1) recommended the approvals described above with an additional recommendation to add a requirement for the developer to provide a space within the center for the Police Department (if requested by the Police Department); and
WHEREAS, a hearing on this matter was duly noticed as provided in Development Code Chapter16.76 for the City Council meeting of August 20, 2024; and WHEREAS, the City Council has considered the facts presented in this case, including the written and oral staff reports on the Project, public testimony, and written and oral evidence presented to the Planning Commission; and
WHEREAS, the City Council has considered the Addendum along with the SEIR for the Project pursuant to CEQA Guidelines Section 15164(d).

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

SECTION 1. That the above recitals are true and correct and incorporated herein by this reference.

SECTION 2. That the Project, as conditioned, conforms to the regulations contained within Title 16 of the Murrieta Development Code, the proposed requirements of Specific Plan Amendment No. 2, Murrieta Development Code, and with the adopted elements of the Murrieta General Plan.

SECTION 3. The City Council has independently considered the Addendum, along with the SEIR for the Project, and finds that no further environmental documentation is permitted or required because: (i) there are no substantial changes in the Project requiring major revisions of the SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (ii) there are no substantial changes with respect to the circumstances under which the Project is being undertaken which will require major revisions of the SEIR for the Project due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; and (iii) there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the SEIR was certified for Specific Plan Amendment No. 1, showing that: (a) the Project will have one or more significant effects not discussed in the SEIR for Specific Plan Amendment No. 1; (b) significant effects previously examined will be substantially more severe than shown in the SEIR for Specific Plan Amendment No. 1; (c) mitigation measures or alternatives previously found not feasible would in fact be feasible, and would substantially reduce one or more significant effects of the Project, but the mitigation measures or alternatives have not been adopted; or (d) mitigation measures or 735
01375.0031/1004613.4
alternatives considerably different from those analyzed in the SEIR for Specific Plan Amendment No. 1 would substantially reduce one or more significant effects on the environment, but those mitigation measures or alternatives have not been adopted. (Public Resources Code § 21166 and CEQA Guidelines §§ 15162 and 15164.)
SECTION 4. The Addendum, attached hereto as Exhibit "C" is hereby adopted.

SECTION 5. Based upon the evidence presented, the City Council finds that approval of Tentative Tract Map 2022-2706 (TTM 38622) is appropriate pursuant to Development Code Chapter

16.94, subject to the approval of an Ordinance approving Specific Plan Amendment no. 2 for the Project:

A. The proposed map, design or improvement is consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plans and all applicable provisions of the Murrieta Development Code.

FACTS: The Specific Plan identifies the various objectives and how it meets or implements The project (Specific Plan Amendment/Tentative Tract Map/Development Plan) is consistent General Plan Goal LU-1 -
that meets the needs of existing residents and businesses as well as anticipated growth, and Policy LU-1.2, Ensure future development provides for a variety of commercial, industry, and housing that serve the spectrum of incomes within the region.

Policy LU-1.3, Establish a range of residential density and non-residential intensities to encourage a wide range of development opportunities.

Policy LU-1.5, Encourage a wide variety of retail and commercial services, such as restaurants, and cultural arts/entertainment, in appropriate locations.

Goal LUPolicy LU-7.1, Work with property owners of vacant commercially zoned property to develop their sites into appropriate, economically viable projects.

Policy LU7.5, Provide convenient freeway access for regionally-serving commercial centers to attract a regional customer base.

Policy LU-7.6, Focus commercial retail centers adjacent to major transportation corridors
Policy LU-7.8, Encourage consolidation of parking and reciprocal access agreements between adjacent business and commercial center property owners.

Policy LU-7.9, Encourage opportunities for complementary retail and service uses to serve local residents and the daytime employment population.

Policy LU-7.10, Encourage a range of retail uses that serve local residents in the region.

Goal LU-8 -oriented
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Policy LU-8.1, Encourage integrated development that incorporates a mix of uses (residential, commercial, office) in mixed use or transit-oriented development areas.

Policy LU-8.6, Encourage higher density residential, commercial, and employment development near a future Metrolink or High Speed Rail Station, along other major public transportation routes, and at other suitable locations.

Goal LU-12
Policy LU-12.1, Provide for the highest level of retail and job-creating uses in areas adjacent to the I-15 and I-215 freeways. This includes the North Murrieta Business Corridor, Golden Triangle North (Central Murrieta), and South Murrieta Business Corridor Focus Areas.

Goal ED-1- -use regional hub located at
the confluence of the I-15 and I- -1.1 &
ED-1.3. The project provides the opportunity for a variety of commercial uses including retail, food/restaurant, and service uses which is conveniently located near two major freeways that will serve the region and the local residents. The planned additional services, employment opportunities, and potential fiscal revenue sources are intended to bring further balance to the existing and future residential uses in the city. The specific plan allows for a higher intensity of development and the Development Plan represents a phase within the specific plan with additional vacant land remaining for future development.

Other specific goals and policies the Project is consistent with are: General Plan Goal CIR1. addressing the inter- Policy
CIR-1.1, CIR-1.3, CIR-1.10), Goal CIR-6
available to serve residents and employers/employees and reduce vehicle miles -6.8, CIR-6.9, and CIR-6.13).

The project is limited to two main access drives and a restricted turning movement for the third access drive. The project is conditioned to provide a bus stop (turnout), shelter, and bench and is required to provide a Trip Reduction Plan prior to occupancy. Murrieta Hot Springs Road has a bike lane and the project is designed with bike lanes on the primary drive access. Additionally, a landscaped area will be provided between the road and the sidewalk along Murrieta Hot Springs Road.

The project meets Infrastructure Element Goal INF- New development and redevelopment is coordinated with the provision of adequate infrastructure for water, sewer, storm water, -1.1, INF-1.4, and INF-1.21. The project will
construct facilities both on- and off-site to support the area and help protect off-site areas from inundation. These facilities will be constructed by the developer and then dedicated to the appropriate public agency for ownership.

B. The site is physically suitable for the type or density of development proposed.

FACTS: The site is physically suitable for development and is compatible with the surrounding properties. The property fronts a General Plan circulation element public street, Murrieta Hot Springs Road, and is located in close proximity to two state freeways (I-15 and I-215). The development is adequate in size to accommodate the proposed commercial uses 737
01375.0031/1004613.4
Plan EIR acknowledges future development in the project area. The project site is not located within a Subsidence Susceptibility Map area, Alquist Priolo Earthquake Fault Zone, liquefaction, FEMA flood zone, or dam inundation hazard area.

C. The design of the subdivision or the proposed improvements are unlikely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

FACTS: The design of the tentative map is unlikely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The site is primarily disturbed land and contains very little area of native undisturbed land. No sensitive or protected wildlife was found on the site.

In accordance with CEQA Guidelines (Cal. Code. Regs. Title 14) Section 15164, a Consistency Analysis/Addendum was prepared and determined that the project falls within the scope of the previously certified SEIR as none of the criteria under CEQA Guidelines Section 15162 has occurred; (1) there are no substantial changes to the Project that require major revisions to the SEIR due to new significant environmental effects, (2) there are no substantial changes with respect to the circumstances under which the Project is considered that involve any new significant environmental effects or substantial increase in the severity of previously identified significant effects, and (3) no new information that shows the Project will have more significant effects not previously discussed, no new significant effects previously examined will be substantially more severe than previously shown, no new mitigation measures are necessary. The Project is subject to the previous Mitigation Measures identified in the MMRP.

D. The proposed project will not adversely affect the public health, safety and welfare, nor be materially detrimental to the use, enjoyment, or valuation of persons or other property in the surrounding area.

FACTS: The proposed subdivision was analyzed through the application process and the project is not located within a designated High Fire Hazard Area, on any known areas of Alquist-Priolo Earthquake Fault Zone, dam inundation, subsidence, FEMA flood plain, or liquefaction study zone. The proposed project will not adversely affect the public health, safety and welfare, nor be materially detrimental to the use, enjoyment, or valuation of persons or other property in the surrounding area.

E. The design of the subdivision and the type of improvements would not conflict with easements, acquired by the public at large for access through or use of property within the proposed subdivision.

FACTS: The proposed subdivision is conditioned to establish reciprocal access, parking and utility easements for each of the parcels. The improvements are conditioned through the Tentative Map. The proposed subdivision will not impact any easements or any other use of the property.

F. The proposed Tentative Tract Map is consistent with the Murrieta Municipal Code and the Subdivision Map Act and complies with all applicable requirements of state law and local ordinances.
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FACTS: The proposed Tentative Tract Map is consistent with the Specific Plan, Murrieta Municipal Code and the Subdivision Map Act and complies with all applicable requirements of state law and local ordinances. Parcels meet the specific plan development requirements for commercial parcels in terms of minimum lot size and access. All the parcels have access The tentative parcel map includes the dedication of access easements to ensure public and utility access to all the parcels.

SECTION 6. Based upon the evidence presented, the City Council makes the following findings of fact for Development Plan 2022-2705 pursuant to Development Code Section 16.56.040, subject to the approval of an Ordinance approving Specific Plan Amendment no. 2 for the Project:

A. The proposed use is allowed within the subject zoning district and complies with all applicable provisions of this development code (specific plan).

FACTS: The proposed Project is consistent with the SP 276 (The Triangle) zone and the development standards. The Development Plan complies with The Triangle Specific Plan requirements including but not limited to setbacks, building height, parking, landscape requirements, and building design. For example, the project is required to provide a minimum landscape percentage of 20% and is providing 28%. The project is required to provide 1438 parking spaces based on the uses identified on the project plans and the project is providing 1,675 parking spaces. The parking lots meet the minimum shading requirements and the project meets all landscape setback requirements along the perimeter of the project and along Murrieta Hot Springs Road.

B. The proposed use would be consistent with the objectives, policies, general land uses and programs of the General Plan and any applicable specific plan.

FACTS: The specific plan identifies the various objectives and how it meets or implements The project (Specific Plan Amendment/Tentative Tract Map/Development Plan) is consistent General Plan Goal LU-1 -
that meets the needs of existing residents and businesses as well as anticipated growth, and Policy LU-1.2, Ensure future development provides for a variety of commercial, industry, and housing that serve the spectrum of incomes within the region.

Policy LU-1.3, Establish a range of residential density and non-residential intensities to encourage a wide range of development opportunities.

Policy LU-1.5, Encourage a wide variety of retail and commercial services, such as restaurants, and cultural arts/entertainment, in appropriate locations.

Goal LUPolicy LU-7.1, Work with property owners of vacant commercially zoned property to develop their sites into appropriate, economically viable projects. 739
01375.0031/1004613.4
Policy LU7.5, Provide convenient freeway access for regionally-serving commercial centers to attract a regional customer base.

Policy LU-7.6, Focus commercial retail centers adjacent to major transportation corridors
Policy LU-7.8, Encourage consolidation of parking and reciprocal access agreements between adjacent business and commercial center property owners.

Policy LU-7.9, Encourage opportunities for complementary retail and service uses to serve local residents and the daytime employment population.

Policy LU-7.10, Encourage a range of retail uses that serve local residents in the region.

Goal LU-8 -oriented
Policy LU-8.1, Encourage integrated development that incorporates a mix of uses (residential, commercial, office) in mixed use or transit-oriented development areas.

Policy LU-8.6, Encourage higher density residential, commercial, and employment development near a future Metrolink or High Speed Rail Station, along other major public transportation routes, and at other suitable locations.

Goal LU-12
Policy LU-12.1, Provide for the highest level of retail and job-creating uses in areas adjacent to the I-15 and I-215 freeways. This includes the North Murrieta Business Corridor, Golden Triangle North (Central Murrieta), and South Murrieta Business Corridor Focus Areas.

Goal ED-1- -use regional hub located at
the confluence of the I-15 and I- -1.1 &
ED-1.3. The project provides the opportunity for a variety of commercial uses including retail, food/restaurant, and service uses which is conveniently located near two major freeways that will serve the region and the local residents. The planned additional services, employment opportunities, and potential fiscal revenue sources are intended to bring further balance to the existing and future residential uses in the city. The specific plan allows for a higher intensity of development and the Development Plan represents a phase within the specific plan with additional vacant land remaining for future development.

Other specific goals and policies the Project is consistent with are: General Plan Goal CIR1. addressing the inter- Policy
CIR-1.1, CIR-1.3, CIR-1.10), Goal CIR-6
available to serve residents and employers/employees and reduce vehicle miles -6.8, CIR-6.9, and CIR-6.13).

The project is limited to two main access drives and a restricted turning movement for the third access drive. The project is conditioned to provide a bus stop (turnout), shelter, and bench and is required to provide a Trip Reduction Plan prior to occupancy. Murrieta Hot Springs Road has a bike lane and the project is designed with bike lanes on the primary drive access. Additionally, a landscaped area will be provided between the road and the sidewalk along Murrieta Hot Springs Road.
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The project meets Infrastructure Element Goal INF- New development and redevelopment is coordinated with the provision of adequate infrastructure for water, sewer, storm water, -1.1, INF-1.4, and INF-1.21. The project will
construct facilities both on- and off-site to support the area and help protect off-site areas from inundation. These facilities will be constructed by the developer and then dedicated to the appropriate public agency for ownership.

C. The proposed use is in compliance with the provisions of the California Environmental Quality Act and there would be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored.

FACTS: In accordance with CEQA Guidelines (Cal. Code. Regs. Title 14) Section 15164, an Addendum was prepared and determined that the project falls within the scope of the previously certified SEIR as none of the criteria under CEQA Guidelines Section 15162 has occurred; (1) there are no substantial changes to the Project that require major revisions to the SEIR due to new significant environmental effects, (2) there are no substantial changes with respect to the circumstances under which the Project is considered that involve any new significant environmental effects or substantial increase in the severity of previously identified significant effects, and (3) no new information that shows the Project will have more significant effects not previously discussed, no new significant effects previously examined will be substantially more severe than previously shown, no new mitigation measures are necessary. The Project is subject to the previous Mitigation Measures identified in the MMRP.

D. The location, size, design and operating characteristics of the proposed use would be compatible with existing land uses within the general area in which the proposed use is to be located.

FACTS: The location, size, design and operating characteristics of the proposed use is compatible to the surrounding properties as it is surrounded by two freeways to the east, south, and west and a major circulation street to the north, Murrieta Hot Springs Road. There is currently commercial development on the north side of Murrieta Hot Springs Road and the proposed Development Plan proposes retail development similar in nature to what is in proximity to the project site.

E. The site of the proposed use is physically suitable for the type and density/intensity of development being proposed.

FACTS: The site is physically suitable for development and is compatible with the surrounding properties. The property fronts a General Plan circulation element public street, Murrieta Hot Springs Road, and is located in close proximity to two state freeways (I-15 and I-215). The development is adequate in size to accommodate the proposed commercial uses Plan EIR acknowledges future development in the project area. The project site is not located within a Subsidence Susceptibility Map area, Alquist Priolo Earthquake Fault Zone, liquefaction, FEMA flood zone, or dam inundation hazard area. 741
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F. There are adequate provisions for sanitation, water, and public utilities to ensure public convenience, health, safety, and general welfare.

FACTS: The Eastern Municipal Water District will provide sewer and water services; electricity will be provided by Southern California Edison Company; and gas by Southern California Gas Company. These facilities will require extensions within Murrieta Hot Springs Road to the Project site.

SECTION 7. The City Council hereby approves Development Plan 2022-2705 and Tentative Tract Map 2022-2706 (TTM 38622) based on the above findings, staff report, the Addendum (Exhibit C) and all written and oral reports of staff, and public testimony on the matter, and written and oral testimony provided by the Applicant and such other matters as are reflected in the record of this matter
the approval of an Ordinance approving Specific Plan Amendment No. 2 for the Project.

PASSED AND ADOPTED this 20th day of August 2024.

Lori Stone, Mayor
ATTEST:

Cristal McDonald, City Clerk
APPROVED AS TO FORM:

Tiffany Israel, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§

CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 24-4779 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 20 t h day of August 2024, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Cristal McDonald City Clerk

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DRAFT CONDITIONS OF APPROVAL
FOR
DEVELOPMENT PLAN 2022-2705 (EPL # 2023-00017)
AUGUST 20, 2024
GENERAL:

The project approval represents the initial construction of SP 276 (The Triangle). DP-2022- 2705 consists of the construction of a 268,438 square foot regional shopping center with approximately 11,100 s.f. of outdoor dining area (total = 279,538 square foot) within 18 buildings, 1675 parking spaces, on 36.46 net acres of an overall total project site of 64.28 acres. . All construction plans and use shall be in substantial conformance with the approved site plans, floor plans, elevations, material and color board, landscaping plans. This permit runs with the land and shall be binding upon Permittee/Owner of the subject property and all subsequent successors in interest to the Permittee/Owner as to such land.

1. The Permittee/Owner shall defend (with attorneys approved by the City), indemnify and hold harmless the City of Murrieta, its agents, officers, and employees from any claims, damages, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning this approval of Development Plan 2022-2705.

The City will promptly notify the Permittee/Owner of any such claim, action, or proceeding against the City and will cooperate fully in the defense.

2. Any fees due the City of Murrieta for processing this project shall be paid to the City within thirty (30) calendar days of final action by the approval authority .

Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted. No permits, site work, or other actions authorized by this action shall be processed by the City, nor permitted, authorized or commenced until all outstanding fees are paid to the City.

3. Pursuant to Section 711.4 of the State of California Fish and Game Code, the permittee is required to pay a $50.00 handling fee and a certification fee for the filing of a Notice of Determination related to the Triangle (Murrieta Springs Mall) Subsequent EIR. Said fees shall be paid to the Clerk/Recorder of the County of Riverside at the time the Notice of Determination is filed pursuant to Section 21152 of the Public Resources Code. If this fee is not paid, the approval of this project shall not be operative, vested, or final. To comply with State-mandated timelines for filing a Notice of Determination, the applicant shall file the NOD
to remit the required fee in full within the time specified above will result in a delay of the start of the 180-day statute of limitations (SOL) on Court challenges to the approval under CEQA, whereas recordation of the NOD within five (5) days of project approval limits the SOL to 35 days. In order to comply with State mandated timelines for filing of a Notice of Determination, the above fee must be paid within five (5) days after the date of final approval.

4. This approval shall be implemented within four (4) years of approval date, August 20, 2024, otherwise it shall become null and void and of no effect whatsoever in accordance with SP 276 (The Triangle) and Development Code Section 16.52.060.B and 16.80.50. 744
Draft Conditions of Approval
Case No. DP-2022-2705
August 20, 2024