Agenda packet — Murrieta City Council, September 3, 2024 (part 3 of 4)

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the applicable
limits of insurance.
518
POLICY NUMBER: BCS2000426 COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1

ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE

Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations

ANY PERSON OR ORGANIZATION WHEN

REQUIRED BY WRITTEN CONTRACT OR

AGREEMENT, EXECUTED PRIOR TO THE

OCCURRENCE TO WHICH THIS INSURANCE

ALL LOCATIONS
APPLIES, THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work"
at the location designated and described in the
Schedule of this endorsement performed for that
additional insured and included in the "products-
completed operations hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to provide
for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the applicable
limits of insurance.
519
POLICY NUMBER: BCS2000426 COMMERCIAL GENERAL LIABILITY
CG 20 12 12 19

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 12 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1

ADDITIONAL INSURED – STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION – PERMITS OR AUTHORIZATIONS

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

State Or Governmental Agency Or Subdivision Or Political Subdivision:

ANY PERSON OR ORGANIZATION WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT,

EXECUTED PRIOR TO THE OCCURRENCE TO WHICH THIS INSURANCE APPLIES, THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured any state or
governmental agency or subdivision or political
subdivision shown in the Schedule, subject to the
following provisions:

1. This insurance applies only with respect to
operations performed by you or on your behalf
for which the state or governmental agency or
subdivision or political subdivision has issued a
permit or authorization.

However:
a. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
b. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

2. This insurance does not apply to:
a. "Bodily injury", "property damage" or
"personal and advertising injury" arising out
of operations performed for the federal
government, state or municipality; or
b. "Bodily injury" or "property damage"
included within the "products-completed
operations hazard".

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.
520

COMMERCIAL GENERAL LIABILITY

CG 20 01 12 19

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 01 12 19

OTHER INSURANCE CONDITION

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

The following is added to the
Other Insurance
Condition

and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:

(1)
The additional insured is a Named Insured
under such other insurance; and

(2)
You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

POLICY NUMBER: BCS2000426
521
POLICY NUMBER: BCS2000426 COMMERCIAL GENERAL LIABILITY
CG 24 04 12 19

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION)

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES

POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS

SCHEDULE

Name Of Person(s) Or Organization(s):

ANY PERSON OR ORGANIZATION FOR WHOM THE INSURED HAS AGREED TO WAIVE RIGHTS OF RECOVERY, PROVIDED SUCH AGREEMENT IS MADE IN WRITING AND PRIOR TO THE LOSS.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

We waive any right of recovery against the person(s)
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person(s) or organization(s) prior to loss. This
endorsement applies only to the person(s) or
organization(s) shown in the Schedule above.

522

ENDORSEMENT

NO.

ATTACHED TO AND

FORMING A PART OF

POLICY NUMBER

ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME)
AGENT NO.

NAMED INSURED
047BY
ONYX PAVING COMPANY, INC.

BCS2000426

Includes copyrighted material of ISO Properties, Inc., with its permission.

Pa
ge
1 of
2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED CONSTRUCTION PROJECT(S) AGGREGATE LIMIT

SUBJECT TO AN ALL PROJECTS LIMIT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Designated Construction Project(s):

ALL PROJECTS

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

For all sums which the insured becomes legally
obligated to pay as damages caused by “occurrenc-
es” under Section
I—
Coverage
A,
and for all medical
expenses caused by accidents under
Section
I—
Coverage
C,
which can be attributed only
to ongoing operations at a single designated con-
struction project shown in the Schedule above:

1. A separate Designated Per Project Aggregate
Limit equal to the General Aggregate Limit shown
in the Declarations shall apply to each Designated
Construction Project.

However, the most we will pay under the insur-
ance provided by this endorsement for all Desig-
nated Construction Projects shown in the
Schedule above is $5,000,000, unless otherwise
stated below:
$
2 . The separate Designated Per Project Aggre-
gate Limit provided in
A.1.
above is the most we
will pay for the sum of all damages under Cover-
age
A,
except damages because of “bodily injury”
or “property damage” included in the “products-
completed operations hazard,” and for medical
expenses under Coverage
C
regardless of the
number of:
a.

Insureds;
b.

Claims made or “suits” brought; or
c.

Persons or organizations making claims or
bringing “suits.”

3. Any payments made under Coverage
A
for dam-
ages or under Coverage
C
for medical expenses
shall reduce the separate Designated Per Project
Aggregate Limit provided in
A.1.
for that particular
Designated Construction Project. Such payments
03/14/2024
523
Includes copyrighted material of ISO Properties, Inc., with its permission.

shall not reduce the General Aggregate Limit
shown in the Declarations, nor shall they reduce
the insurance provided by this endorsement for
any other Designated Construction Project.

4. The limits shown in the Declarations for Each Oc-
currence, Damage To Premises Rented To You
and Medical Expense continue to apply. However,
instead of being subject to the General Aggregate
Limit shown in the Declarations, such limits will be
subject to the applicable separate Designated Per
Project Aggregate Limit provided in A.1. for each
Designated Construction Project.

B. For all sums which the insured becomes legally
obligated to pay as damages caused by “occurrence”
under Section I—Coverage A, and for all med-
ical expenses caused by accidents under Sec-
tion I—Coverage C, which cannot be attributed only to
ongoing operations at a single designated construc-
tion project shown in the Schedule above:

1. Any payments made under Coverage A for dam-
ages or under Coverage C for medical expenses
shall reduce the amount available under the Gen-
eral Aggregate Limit or the Products-Completed
Operations Aggregate Limit, whichever is appli-
cable; and

2. Such payments shall not reduce any separate
Designated Per Project Aggregate Limit provided
in A.1.

C. When coverage for liability arising out of the “prod- ucts-completed operations hazard” is provided, any
payments for damages because of “bodily injury”
or “property damage” included in the “products-
completed operations hazard” will reduce the Prod-
ucts-Completed Operations Aggregate Limit, and not
reduce the General Aggregate Limit nor any separate
Designated Per Project Aggregate Limit provided
in A.1.

D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then
restarted, or if the authorized contracting parties devi- ate from plans, blueprints, designs, specifications or
timetables, the project will still be deemed to be the
same construction project.

E. The provisions of Section III—Limits Of Insurance not otherwise modified by this endorsement shall con-
tinue to apply as stipulated.

AUTHORIZED REPRESENTATIVE DATE
524
Policy No.

Eff. Date of Pol.

Exp. Date of Pol.

Eff. Date of End.

Producer No.

Add’l. Prem
Return Prem.
39774000
INCL
BAP

1063006-05
10 /
0 1
/20
2 3
10/01/20
2 4
Coverage Extension Endorsement
U-CA-424-F CW (04-14)

Page 1 ends

6 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Title
of form must not be placed above the logo.
↑ Top
Margin 3/4"
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the:

Business Auto Coverage Form
Motor Carrier
Coverage Form
A.

Amended Who Is An Insured

1. The following is added to the Who Is An Insured Provision in Section II – Covered Autos Liability Coverage:

The following are also "insureds":
a. Any
"employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any “employee” of yours is also an “insured” while operating an “auto” hired or rented under a contract or agreement in an “employee’s” name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to
you is an "insured" while using a covered "auto" you don’t own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement
with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less.

2. The following is added to
the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance – Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form:

Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form.

B. Amendment – Supplementary Payments
Paragraphs a.(2) and a.(4) of
the Coverage Extensions Provision in Section II – Covered Autos Liability Coverage are replaced by the following:
(2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do
not have to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.
525
U-CA-424-F CW (04-14)

Page 2 of 6 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

C. Fellow Employee Coverage
The Fellow Employee Exclusion contained in Section II – Covered Autos Liability Coverage does not apply.

D. Driver Safety Program Liability and Physical Damage Coverage

1. The following is added to the Racing Exclusion in Section II – Covered Autos Liability Coverage:

This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations.

2. The following is added to Paragraph 2. in the Exclusions of Section III – Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV – Physical Damage Coverage of the Motor Carrier Coverage Form:

This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations.

E. Lease or Loan Gap Coverage
The following is added to the Coverage Provision of the Physical Damage Coverage Section:

Lease Or Loan Gap Coverage
In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less:
a. Any amount
paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any:
(1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor;
(4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and
(5) Carry-over balances from previous leases or loans.

F. Towing and Labor
Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following:

We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement.

G. Extended Glass Coverage
The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section:

If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced.

H. Hired
Auto Physical Damage – Increased Loss of Use Expenses
The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following:

Loss Of Use Expenses
For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by:
526
U-CA-424-F CW (04-14)

Page 3 of 6 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto";
(2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or
(3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto".

However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000.

I. Personal Effects Coverage
The following is added to the Coverage Provision of the Physical Damage Coverage Section:

Personal Effects Coverage
a. We will pay up to $750 for "loss" to personal effects which are:
(1) Personal property owned by an "insured"; and
(2) In or on a covered "auto".
b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of:
(1) The reasonable cost to replace; or
(2) The actual cash value.
c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following:
(1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value.
(2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones.
(3) Paintings, statuary and other works of art.
(4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment.

Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss".

J. Tapes, Records and Discs Coverage

1. The Exclusion in Paragraph B.4.a. of Section III – Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV – Physical Damage Coverage in the Motor Carrier Coverage Form does not apply.

2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section:

We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices:
(a) Are the property of an "insured"; and
(b) Are
in a covered "auto" at the time of "loss".

The most
we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". 527
U-CA-424-F CW (04-14)

Page 4 of 6 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

K. Airbag Coverage
The Exclusion in Paragraph B.3.a. of Section III – Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV – Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag.

L. Two or More Deductibles
The following is added to the Deductible Provision of the Physical Damage Coverage Section:

If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis:

1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or

2. If
the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible.

M. Physical Damage – Comprehensive Coverage – Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section:

Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater.

N. Temporary Substitute Autos – Physical Damage

1. The following is added to Section I – Covered Autos:

Temporary Substitute Autos – Physical Damage
If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage:

Any "auto"
you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its:

1. Breakdown;

2. Repair;

3. Servicing;

4. "Loss"; or

5. Destruction.

2. The following
is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section:

Temporary Substitute Autos – Physical Damage
We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party.

The deductible
for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces.

O. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following:
a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any 528
U-CA-424-F CW (04-14)

Page 5 of 6 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission. agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy.

Include, as soon as practicable:
(1) How,
when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured’s" name and address; and
(3) To the extent possible, the names and addresses of any injured persons and witnesses.

If you report
an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you.

P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:

This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract.

Q. Employee
Hired Autos – Physical Damage
Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance – Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following:

For Hired
Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:
(1) Any covered
"auto" you lease, hire, rent or borrow; and
(2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official’s duties as respect their obligations to you.

However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto".

R. Unintentional Failure to Disclose Hazards
The following is added to the Concealment, Misrepresentation Or Fraud Condition:

However, we will not deny coverage under this Coverage Form if you unintentionally:
(1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information.

You must
notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy.

S. Hired Auto – World Wide Coverage
Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following:
(5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined
The definition of "bodily injury" in the Definitions Section is replaced by the following:
"Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. 529
U-CA-424-F CW (04-14)

Page 6 of 6 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

U. Expected Or Intended Injury
The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II – Covered Auto Liability Coverage is replaced by the following:

Expected Or Intended Injury
"Bodily injury" or
"property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property.

V. Physical Damage – Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III – Physical Damage Coverage is replaced by the following:

4. Coverage Extensions
a. Transportation Expenses
We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss".

W. Replacement
of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section:

In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement.

To qualify
as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source.

X. Return
of Stolen Automobile
The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section:

If a covered “auto” is stolen and recovered, we will pay the cost of transport to return the “auto” to you. We will pay only for those covered “autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage.

All other terms, conditions, provisions and exclusions of this policy remain the same. 530
WC 252 (4-84)
WC 04 03 06 (Ed. 4-84)

Page 1 of 1 ends

WC 04 03 06
(Ed. 4-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT----- -

CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be
% of the California workers’ compensation pre-
mium otherwise due on such remuneration.

Schedule
Person or Organization
Job Description
0 ALL PERSONS AND/OR

ORGANIZATIONS THAT

ARE REQUIRED BY

WRITTEN CONTRACT OR

AGREEMENT WITH THE

INSURED, EXECUTED

PRIOR TO THE

ACCIDENT OR LOSS,

THAT WAIVER OF

SUBROGATION BE

PROVIDED UNDER THIS

POLICY FOR WORK

PERFORMED BY YOU FOR

FOR THAT PERSON
AND/OR ORGANIZATION.

POLICY NUMBER: WC106300505
WORKERS’

COMPENSATION

AND

EMPLOYERS’

LIABILITY

INSURANCE

POLICY
531
Bid Item Description Units
Estimated
Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Mobilization LS 1 $85,000.00 $85,000.00 $60,000.00 $60,000.00 108,034.25 $ 108,034.25 $ 100,000.00 $ 100,000.00 $ 90,000.00 $ 90,000.00 $ 119,000.00 $ 119,000.00 $ 2 Traffic Control System LS 1 $158,026.11 $158,026.11 $149,143.00 $149,143.00 250,000.00 $ 250,000.00 $ 250,868.00 $ 250,868.00 $ 70,000.00 $ 70,000.00 $ 132,000.00 $ 132,000.00 $ 3 Water Pollution Control LS 1 $8,000.00 $8,000.00 $7,000.00 $7,000.00 15,000.00 $ 15,000.00 $ 1,200.00 $ 1,200.00 $ 3,500.00 $ 3,500.00 $ 750.00 $ 750.00 $ 4 Construction Surveying and Staking LS 1 $15,000.00 $15,000.00 $14,000.00 $14,000.00 10,000.00 $ 10,000.00 $ 14,000.00 $ 14,000.00 $ 15,000.00 $ 15,000.00 $ 14,900.00 $ 14,900.00 $ 5 Changeable Message Signs EA 3 $2,800.00 $8,400.00 $2,000.00 $6,000.00 3,000.00 $ 9,000.00 $ 2,400.00 $ 7,200.00 $ 3,000.00 $ 9,000.00 $ 3,380.00 $ 10,140.00 $ 6 Project Information Sign EA 1 $4,000.00 $4,000.00 $1,800.00 $1,800.00 2,500.00 $ 2,500.00 $ 1,500.00 $ 1,500.00 $ 500.00 $ 500.00 $ 5,350.00 $ 5,350.00 $ 7 Furnish/Install Survey Monument per COM std. no. 617B AND 617CEA 4 $7,000.00 $28,000.00 $2,400.00 $9,600.00 2,500.00 $ 10,000.00 $ 2,400.00 $ 9,600.00 $ 4,400.00 $ 17,600.00 $ 2,600.00 $ 10,400.00 $ 8 Double Adjust Storm Drain Manhole EA 1 $1,000.00 $1,000.00 $1,400.00 $1,400.00 1,400.00 $ 1,400.00 $ 9,500.00 $ 9,500.00 $ 1,650.00 $ 1,650.00 $ 10,200.00 $ 10,200.00 $ 9 Concrete Removal (Curb Ramp, Cross Gutter, Spandrel, Curb/Gutter) at Weeping Willow Ln./Thoroughbred Ln.SF 3335 $8.20 $27,347.00 $22.00 $73,370.00 12.00 $ 40,020.00 $ 6.93 $ 23,111.55 $ 8.00 $ 26,680.00 $ 7.40 $ 24,679.00 $ 10 Concrete Cross Gu2ers, Spandrel, and Curb per City Std. 311, 312 & 318 SF 1491 $23.00 $34,293.00 $36.00 $53,676.00 35.00 $ 52,185.00 $ 22.00 $ 32,802.00 $ 29.00 $ 43,239.00 $ 23.40 $ 34,889.40 $ 11 Concrete Access Ramps, City Std. 321 SF 1502 $23.00 $34,546.00 $17.00 $25,534.00 13.00 $ 19,526.00 $ 22.00 $ 33,044.00 $ 25.00 $ 37,550.00 $ 23.40 $ 35,146.80 $ 12 Concrete Sidewalks, City Std. 320 SF 468 $12.70 $5,943.60 $17.00 $7,956.00 13.00 $ 6,084.00 $ 9.00 $ 4,212.00 $ 10.00 $ 4,680.00 $ 9.60 $ 4,492.80 $ 13 Concrete Removal (Concrete Curb and Gutter Murrieta Hot Springs Rd.)LF 50 $41.00 $2,050.00 $100.00 $5,000.00 40.00 $ 2,000.00 $ 33.00 $ 1,650.00 $ 37.00 $ 1,850.00 $ 35.15 $ 1,757.50 $ 14 Concrete Curb and Gutter (8") per City Std. 302 (Murrieta Hot Springs Rd.)LF 50 $85.00 $4,250.00 $125.00 $6,250.00 100.00 $ 5,000.00 $ 88.00 $ 4,400.00 $ 125.00 $ 6,250.00 $ 93.70 $ 4,685.00 $ 15 Remove and Dispose of Full Depth Structural Digout at Bridge Abutment (AC and Base)SF 14950 $7.30 $109,135.00 $4.80 $71,760.00 5.00 $ 74,750.00 $ 6.25 $ 93,437.50 $ 13.25 $ 198,087.50 $ 13.20 $ 197,340.00 $ 16 Remove and Dispose of Asphalt Concrete Pavement (average depth 9.2" Digouts on Murrieta Hot Springs Road)SF 38105 $2.30 $87,641.50 $3.15 $120,030.75 3.50 $ 133,367.50 $ 3.34 $ 127,270.70 $ 5.85 $ 222,914.25 $ 3.15 $ 120,030.75 $ 17 Remove and Dispose of Asphalt Concrete Pavement (average depth 4" Digouts on Thoroughbred and Weeping Willow)SF 700 $25.00 $17,500.00 $2.15 $1,505.00 10.00 $ 7,000.00 $ 15.26 $ 10,682.00 $ 11.50 $ 8,050.00 $ 14.40 $ 10,080.00 $ 18 Cold Milling Asphalt Concrete Pavement 2.5" to 2.75" Full WidthSY 37734 $3.05 $115,088.70 $4.00 $150,936.00 4.00 $ 150,936.00 $ 5.50 $ 207,537.00 $ 4.25 $ 160,369.50 $ 3.75 $ 141,502.50 $ 19 Aggregate Base for Full Depth Structural Digout at Bridge AbutmentCY 598 $56.00 $33,488.00 $65.00 $38,870.00 80.00 $ 47,840.00 $ 53.00 $ 31,694.00 $ 107.00 $ 63,986.00 $ 117.00 $ 69,966.00 $ 20 Geotextile Reinforcement (Tensar BX1100 or Approved Equal) SY 1481 $9.00 $13,329.00 $6.50 $9,626.50 11.00 $ 16,291.00 $ 4.50 $ 6,664.50 $ 1.45 $ 2,147.45 $ 4.00 $ 5,924.00 $ 21 ARHM Overlay 2.5" (0.208') Murrieta Hot Springs Road TON 5094 $126.20 $642,862.80 $143.00 $728,442.00 135.00 $ 687,690.00 $ 140.00 $ 713,160.00 $ 129.00 $ 657,126.00 $ 146.00 $ 743,724.00 $ 22 Asphalt Concrete Pavement for Removal and Replacement of AC (Digouts)TON 2658 $137.00 $364,146.00 $120.00 $318,960.00 160.00 $ 425,280.00 $ 151.00 $ 401,358.00 $ 175.00 $ 465,150.00 $ 185.00 $ 491,730.00 $ 23 Furnish/Install Detector Loop EA 84 $425.00 $35,700.00 $405.00 $34,020.00 425.00 $ 35,700.00 $ 500.00 $ 42,000.00 $ 450.00 $ 37,800.00 $ 533.00 $ 44,772.00 $ 24 Furnish and install #5 pullbox, connect DLC for traffic loops EA 6 $1,400.00 $8,400.00 $1,300.00 $7,800.00 1,400.00 $ 8,400.00 $ 2,850.00 $ 17,100.00 $ 1,430.00 $ 8,580.00 $ 3,040.00 $ 18,240.00 $ 25 Furnish and install 1 1/2" conduit under sidewalk panels or as shown . Connect to existing conduitLF 126 $157.00 $19,782.00 $150.00 $18,900.00 160.00 $ 20,160.00 $ 255.00 $ 32,130.00 $ 165.00 $ 20,790.00 $ 272.00 $ 34,272.00 $ 26 Furnish and install DLC. Connect loops to existing traffic cabinetLF 5513 $5.75 $31,699.75 $5.50 $30,321.50 6.00 $ 33,078.00 $ 2.50 $ 13,782.50 $ 6.05 $ 33,353.65 $ 2.65 $ 14,609.45 $ 27 Wet Sandblast/Remove Existing Pavement Markings on bridge deckLF 441 $10.75 $4,740.75 $10.25 $4,520.25 15.00 $ 6,615.00 $ 10.25 $ 4,520.25 $ 11.25 $ 4,961.25 $ 11.00 $ 4,851.00 $ 28 Pavement Striping Detail 12 LF 12915 $0.37 $4,778.55 $0.35 $4,520.25 0.40 $ 5,166.00 $ 0.35 $ 4,520.25 $ 0.40 $ 5,166.00 $ 0.37 $ 4,778.55 $ 29 Pavement Striping Detail 22 LF 1789 $0.52 $930.28 $0.50 $894.50 0.50 $ 894.50 $ 0.50 $ 894.50 $ 0.55 $ 983.95 $ 0.53 $ 948.17 $ 30 Pavement Striping Detail 25 LF 2893 $0.52 $1,504.36 $0.50 $1,446.50 0.50 $ 1,446.50 $ 0.50 $ 1,446.50 $ 0.55 $ 1,591.15 $ 0.53 $ 1,533.29 $ 31 Pavement Striping Detail 29 LF 1038 $1.05 $1,089.90 $1.00 $1,038.00 1.00 $ 1,038.00 $ 1.00 $ 1,038.00 $ 1.10 $ 1,141.80 $ 1.06 $ 1,100.28 $ 32 Pavement Striping Detail 37B LF 374 $0.80 $299.20 $0.75 $280.50 1.00 $ 374.00 $ 0.75 $ 280.50 $ 0.85 $ 317.90 $ 0.80 $ 299.20 $ 33 Pavement Striping Detail 38 LF 1348 $0.80 $1,078.40 $0.75 $1,011.00 1.00 $ 1,348.00 $ 0.75 $ 1,011.00 $ 0.85 $ 1,145.80 $ 0.80 $ 1,078.40 $ 34 Pavement Striping Detail 39 LF 6315 $0.80 $5,052.00 $0.75 $4,736.25 1.00 $ 6,315.00 $ 0.75 $ 4,736.25 $ 0.85 $ 5,367.75 $ 0.80 $ 5,052.00 $ 35 Pavement Striping Detail 39A LF 1463 $0.80 $1,170.40 $0.75 $1,097.25 1.00 $ 1,463.00 $ 0.75 $ 1,097.25 $ 0.85 $ 1,243.55 $ 0.80 $ 1,170.40 $ 36 Thermoplastic Striping Detail 40 LF 212 $1.05 $222.60 $1.00 $212.00 1.00 $ 212.00 $ 1.00 $ 212.00 $ 1.10 $ 233.20 $ 1.06 $ 224.72 $ 37 Pavement Striping 6" Solid White Lane Line LF 1100 $0.80 $880.00 $0.75 $825.00 1.00 $ 1,100.00 $ 0.75 $ 825.00 $ 0.85 $ 935.00 $ 0.80 $ 880.00 $ 38 Painted Bike Lane Symbol with Person Pavement Marking and Bike Lane ArrowSF 192 $12.60 $2,419.20 $12.00 $2,304.00 13.00 $ 2,496.00 $ 12.00 $ 2,304.00 $ 13.25 $ 2,544.00 $ 12.77 $ 2,451.84 $ 39 Thermoplastic Pavement Marking "SIGNAL" and "AHEAD" SF 540 $10.00 $5,400.00 $9.50 $5,130.00 10.00 $ 5,400.00 $ 9.50 $ 5,130.00 $ 10.50 $ 5,670.00 $ 10.11 $ 5,459.40 $ 40 Thermoplastic Pavement Marking (Type IV Arrow) SF 399 $2.40 $957.60 $2.25 $897.75 2.50 $ 997.50 $ 2.25 $ 897.75 $ 2.50 $ 997.50 $ 2.39 $ 953.61 $ 41 Thermoplastic Pavement Marking (12" White) SF 1511 $5.30 $8,008.30 $5.00 $7,555.00 5.25 $ 7,932.75 $ 5.00 $ 7,555.00 $ 5.50 $ 8,310.50 $ 5.32 $ 8,038.52 $ 42 Paint Median Nose Yellow SF 80 $10.50 $840.00 $10.00 $800.00 12.00 $ 960.00 $ 10.00 $ 800.00 $ 11.00 $ 880.00 $ 10.64 $ 851.20 $ 43 Double Adjust Sewer Manhole EA 25 $2,280.00 $57,000.00 $1,400.00 $35,000.00 1,400.00 $ 35,000.00 $ 1,575.00 $ 39,375.00 $ 1,400.00 $ 35,000.00 $ 1,700.00 $ 42,500.00 $ $1,991,000.00 $2,024,169.00 2,250,000.00$ 2,266,547.00$ 2,282,342.70$ 2,382,751.78$

MURRIETA HOT SPRINGS ROAD PAVEMENT REHABILITATION PROJECT CITY PROJECT NO. 24-485 (CIP 13047)
BIDS OPENED: 8/1/24 @3:00 PM
RJ Noble Calmex Engineering

TOTAL BID PRICE
ONYX Paving Company Inc All American Asphalt Hardy & Harper ATP General Engineering 532

V I A P R I N C E S A
M
A
R
G
A
R
IT
A
R
D
W
H

I T E W
O
O
D
R
D

M U R R I E T A H O T S P R I N G S R D

A L T A M U R R I E T A D R
J A
C
K
S
O
N
A
V
E
W
H
IT
E
W
O
O
D
R
D
Overview Map
F
FY23-24 Citywide Asphalt Resurfacing Project
(CIP 13047) 08/06/24
CIP 13047
0 1,000500
Feet Vicinity Map
G:\GISData\Departments\Planning\ArcMapDocs_24\VicinityMap2024.aprx

T H O R O U G H B R E D
L N
W
E
E
P
IN
G
W
IL
L
O
W
L
N

VINEYARD PKY

WASHINGTON AVE
533

CITY OF MURRIETA
City Council Meeting Agenda
Report
9/3/2024
Agenda Item No. 14.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Public Works Director
PREPARED BY: Garrett Strang, Civil Engineering Assistant SUBJECT:

Notice of Completion of the Clinton Keith Road and Date Street Pavement Rehabilitation Project

RECOMMENDATION
Accept the improvements for the Clinton Keith Road and Date Street Pavement Rehabilitation project, CIP No. 8043, as complete; and
Direct the City Clerk to record a Notice of Completion; and release bonds in accordance with State law and City ordinances.

PRIOR ACTION/VOTE
On March 19, 2024, the City Council awarded a construction contract for the Clinton Keith Road and Date Street Pavement Rehabilitation Project, Capital Improvement Project (CIP) No. 8043 to ONYX Paving Company, Inc. in the amount of $1,832,612.50 (Vote 5-0).

On August 13, 2023, City Council approved Resolution No. 23-4699, approving the Fiscal Year 2023/24 to Fiscal Year 2027/28 CIP Budget, which included the Clinton Keith Road and Date Street Pavement Rehabilitation Project, CIP No. 8043 (Vote 5-0).

CITY COUNCIL GOAL
Plan, program and create infrastructure development.

BACKGROUND
Construction of the Clinton Keith Road and Date Street Pavement Rehabilitation project began on April 1, 2024, and was completed on June 3, 2024. The project consisted of rehabilitating the pavement on Clinton Keith Road from the most westerly City/County border line to Rancho Mirlo Road, and Date Street from Margarita Road up to 700 feet to the north-east. Rehabilitation on Clinton Keith Road included asphalt removal and replacement in designated areas and full-width roadway overlay with hot mix asphalt (HMA). Other activities included asphalt concrete (AC) dike improvements, overside drain replacement, miscellaneous CITY OF MURRIETA Printed on 8/29/2024Page 1 of 2
powered by Legistar™
534
9/3/2024
Agenda Item No. 14.
activities included asphalt concrete (AC) dike improvements, overside drain replacement, miscellaneous concrete work, signing and striping, and loop detector replacement. Rehabilitation on Date Street included asphalt removal and replacement in designated areas, corrections to deficiencies within the roadway, half- width roadway pavement overlay with HMA, signing and striping, and loop detector replacement. CIP No. 8043 is funded by the Road Repair and Accountability Act of 2017 (SB1), Measure A, Gas Tax, and Rancho California Water District (RCWD) Reimbursement funds.

Final payment has been made to the contractor, and the project was successfully completed, just under the original contract value.

City forces have inspected the improvements and found them to be satisfactory. Staff recommends formal acceptance of the project as complete by the City Council.

FISCAL IMPACT
The total construction cost of $1,783,276.92 was provided from SB1, Measure A, and RCWD Reimbursement funds in CIP No. 8043.

ATTACHMENTS

1. Notice of Completion

2. Vicinity Map
CITY OF MURRIETA Printed on 8/29/2024Page 2 of 2
powered by Legistar™
535
RECORDING REQUESTED BY: City of Murrieta
When recorded return to:

City of Murrieta
Attn: City Clerk
1 Town Square
Murrieta, CA 92562

Space above for Recorder’s Use

NOTICE OF COMPLETION
Construction of
Clinton Keith Road and Date Street Pavement Rehabilitation Project, CIP No. 8043

Notice is hereby given that: No Fee Per Government Code 27383

1) The undersigned is owner of the interest or esta te stated below in the property hereinafter described.
2) The full name of the undersigned is City of Murrieta, a municipal corporation. 3) The full address of the undersigned is 1 Town Square, Murrieta, CA 92562. 4) The nature of the title of the undersigned is: In Easement. 5) A work of improvement on the described property was substantially completed on June 3 rd , 2024.
6) The name of the contractor for such work of improvement is Onyx Paving Company, Inc.

The property on which said work of improvement was completed is in the City of Murrieta, County of Riverside, State of California, and is described as follows: Clinton Keith Road and Date Street Pavement Rehabilitation Project, CIP No. 8043. 7) The street address of said project is: Clinton Keit h Road from the City/County border line to Rancho Mirlo Road, and Date Street from Margarita Road to 700’ North/East.

CITY OF MURRIETA

______________________________
Robert K. Moehling
Director of Public Works

VERIFICATION OF CITY CLERK
I, the undersigned, say:

I am the City Clerk of the City of Murrieta; the Ci ty Council of said City on __________________, 20____, accepted the above described work as completed and ordered that a Notice of Completion be filed.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on ________________, 20____, at Murrieta, California.

CITY OF MURRIETA

______________________________
City Clerk
536
§¨¦
15 §¨¦
215
§¨¦
15 §¨¦
15 DATE ST

LOS ALAMOS RD
WHITEW
OO
D
RD

CLINTON KEITH RD

HANCOCK AVE
IVY ST

MONROEAVE

MADISON AVE

JEFFERSON AVE

ADAMS AVE

JUNIPER ST

NUTMEG ST

LINCOLN AVE

JACKSON AVE

KALMIA ST

LAS BRISAS RD

ALTA MURRIETA DR

WASHINGTON AVE

MONROE AVE

ADAMS AVE

JEFFERSON AVE
W

HITEWOODRD
IVY ST

WASHINGTON AVE

LOSALAMOS RD

MADISON AVE

KALMIA ST

CLINTON KEITH RD

NUTMEG ST

HAYES AVE
HANCOC
K
AVE
FIG ST
CALIFO
RNIA
OAKS
RD

MURRIETA HOT SPRIN GS RD

MAGNOLIA ST
ANTELO
PE RD

LINNEL LN

CALLEDEL OSO O RO

MONROE AVE

JACKSONAVE

VINEYARD PKY

LEMON ST
ELM ST

JUNIPER ST

LAS BRISASRD

GUAVA ST
M
ARG
A
R
ITA
RD
MC
ELW
AIN
RD
ELM ST

HAYES AVE

JACKSON AVE
ELMST

CLINTONKEITH
RD

NUTM EG ST

JUNIPER ST

GUAVA ST
Pavement Rehabilitation for Clinton Keith Road and
Date Street (CIP 8043) 02/26/2024
Attachment 4Vicinity Map1 0 10.5 Miles
E

LOCATION MAP
G:\GISData\Departments\Engineering\ArcMapDocs_24\Vicinity.mxd ATTACHMENT 2
537

CITY OF MURRIETA
City Council Meeting Agenda
Report
9/3/2024
Agenda Item No. 15.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Chantarangsu, AICIP, Development Services Director PREPARED BY: Cristal McDonald, City Clerk
SUBJECT:

Public Hearing Continuance: 6th Code Update (MCA-2023-00003) Revising and Updating the City’s Development and Municipal Code(s)

RECOMMENDATION
Continue the public hearing of the 6th Code Update to September 17, 2024.

PRIOR ACTION/VOTE
On June 26, 2024, the Murrieta Planning Commission held a public hearing and adopted Planning Commission Resolution No. 2024-05.

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

BACKGROUND
On June 26, 2024, the Planning Commission held a public hearing and, after discussion, adopted Planning Commission Resolution No. 2024-05, authorizing the filing of the environmental determination and approving the Development Code Amendment (MCA-2023-00003) for the purpose of revising and updating portions of the Murrieta Municipal Code Chapter 16.

A public hearing notice for the September 3, 2024, City Council meeting was published and posted on August 23, 2024, in accordance with the law. However, City staff require additional time and are requesting that the public hearing be continued to September 17, 2024.

FISCAL IMPACT
None.

CITY OF MURRIETA Printed on 8/29/2024Page 1 of 2
powered by Legistar™
538
9/3/2024
Agenda Item No. 15.

ATTACHMENTS

1. Public Hearing Notice Affidavit
CITY OF MURRIETA Printed on 8/29/2024Page 2 of 2
powered by Legistar™
539
Planning PH Notice - 6th Code Update - Page 1 of 2
The Press-Enterprise
3512 14 Street
Riverside, California 92501
(951) 368-9229
City of Murrieta
1 Town Square
Murrieta, California 92562
Publication: The Press-Enterprise

PROOF OF PUBLICATION OF
Ad Desc: 0011688007
FILE NO. 0011688007

PROOF OF PUBLICATION
I am a citizen of the United States. I
am over the age of eighteen years and
not party to or interested in the above-
entitled matter. I am an authorized
representative of THE PRESS-
ENTERPRISE, a newspaper of general
circulation, printed and published daily
in the County of Riverside, and which
newspaper has been adjudicated a
newspaper of general circulation by the
Superior Court of the County of
Riverside, State of California, under
date of April 25, 1952, Case Number
54446, under date of March 29, 1957,
Case Number 65673, under date of
August 25, 1995, Case Number
267864, and under date of September
16, 2013, Case Number RIC 1309013;
that the notice, of which the annexed is
a printed copy, has been published in
said newspaper in accordance with the
instructions of the person(s) requesting
publication, and not in any supplement
thereof on the following dates, to wit:
08/23/2024
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.

Date: August 23, 2024.

At: Riverside, California
______________________________
Signature
540
Planning PH Notice - 6th Code Update - Page 2 of 2
541

CITY OF MURRIETA
City Council Meeting Agenda
Report
9/3/2024
Agenda Item No. 16.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Chantarangsu, AICIP, Development Services Director PREPARED BY: Jarrett Ramaiya, Deputy Development Director SUBJECT:

Los Alamos Sports Park Soccer Project - Amendment No. 1 to Agreement with Glenn Lukos Associates, Inc. and Amendment No. 1 to Agreement with Rick

RECOMMENDATION
Approve Amendment No. 1 to the Agreement with Glenn Lukos Associates, Inc.; Approve Amendment No. 1 to the Agreement with RICK; and Authorize the Mayor to execute both Amendments.

PRIOR ACTION/VOTE
On October 16, 2018, the Murrieta City Council adopted Resolution No. 18-3995, approving a Memorandum of Understanding with Murrieta Youth Soccer League for a proposed soccer facility at Los Alamos Hills Sports Park (Vote: 5-0).

On June 4, 2019, the Murrieta City Council adopted Resolution No. 19-4091, approving an amended and restated Memorandum of Understanding with Murrieta Youth Soccer League regarding soccer facilities at Los Alamos Hills Sports Park and waiving all private development fees associated with the soccer facility (Vote: 4- 0-1).

On April 6, 2021, City Council passed Resolution No. 21-4376 authorizing an agreement with Harris & Associates to provide a project manager for the Los Alamos Sports Park Soccer Project (Vote: 5-0).

On December 7, 2021, City Council conceptually approved the plan to move forward with seeking the entitlement for the proposed Los Alamos Sports Park Soccer Project (Vote: 5-0).

On March 20, 2024, the City Manager approved an Agreement with Glenn Lukos Associates, Inc., for biological surveying and permitting with the Agencies.

CITY COUNCIL GOAL
CITY OF MURRIETA Printed on 8/29/2024Page 1 of 3
powered by Legistar™
542
9/3/2024
Agenda Item No. 16.

Coordinate and deliver responsive, effective community services.

BACKGROUND
The City of Murrieta (City) has been actively pursuing the development of additional soccer fields at Los Alamos Hills Sports Park, located at 37000 Ruth Ellen Way. The Park is generally bounded by Whitewood Road on the north, Los Alamos Road to the south, and Ruth Ellen Way to the west.

Project Overview
The goal of further developing the Park is to expand the recreational opportunities for residents, as well as to create a regional recreational venue for competitive youth soccer. The Park includes football, soccer, and other recreational sports fields. The current concept to expand the Park includes a soccer complex consisting of six soccer fields; a building for locker rooms, meetings and miscellaneous needs; bathrooms; and construction of on-site parking areas. For the purpose of this report, the improvements generally described above are referred to as the Project.

The City has partnered with the Murrieta Soccer Academy (MSA), per a Memorandum of Understanding approved in October 2018, to fund, build, operate, and maintain the Project. The fields will provide expanded recreational amenities which the City hopes will draw thousands of visitors to the area annually, boosting the local economy as visitors patronize local stores, restaurants, and hotels. Development of additional soccer fields at Los Alamos Park is currently unfunded.

Project Consistency with MSHCP
As the City Council is aware, land development, including the further development of Los Alamos Park, is subject to the Multiple Species Habitat Conservation Plan (MSHCP), a master plan for the conservation of sensitive habitat areas and species within western Riverside County. The City is a permittee of the MSHCP and is bound by its procedures and conservation objectives. Los Alamos Park is included within an area of the MSHCP known as Core 2. This area of the MSHCP includes over 8,800 acres, nearly half of which may include habitat for rare, threatened, or endangered plants and animal species by State and federal agencies, as well as in the MSHCP.

After meeting with State, federal, and regional agencies involved in the Project’s environmental review process, the city was informed that the expansion of Los Alamos Park would require a complex environmental review process under the MSHCP referred to as Criteria Refinement. If successful, the process would allow the city to deviate from the stated habitat conservation objectives for land Core 2.

City Consultant Status
After conferring with the agencies, staff determined that the primary environmental consultant (Harris & Associates) retained by the city to complete the Criteria Refinement process would be unable to complete the task. Consequently, staff terminated the contract with the consultant. In searching for a new consultant, staff identified Glenn Lukos Associates, Inc. (GLA) as the only consulting firm that has successfully completed a Criteria Refinement process with the Riverside Conservation Authority (RCA). In addition, GLA has specialized experience with agency permit processes that will be critical in surveying for other protected species that are not included in the MSHCP, but are protected by the State. The City may have to obtain permits from the State to undertake the Project, and GLA has specialized experience in the surveying and permitting processes that will be required.

In addition to GLA, staff is bringing on RICK (formerly Rick Engineering Company) to provide planning, engineering, and design services related to processing the Criteria Refinement and permits from the State. To provide more supporting information that cannot be accomplished by GLA, RICK will provide additional technical studies and information, such as a conceptual grading plan, stormwater management plan, drainage study, stormwater plan, surveying, and the preparation of an environmental document. Contract amendments CITY OF MURRIETA Printed on 8/29/2024Page 2 of 3
powered by Legistar™
543
9/3/2024
Agenda Item No. 16.
study, stormwater plan, surveying, and the preparation of an environmental document. Contract amendments and scopes of work for GLA and RICK are attached for the City Council’s reference.

City Competitive Bidding Process
The City’s purchasing regulations in Murrieta Municipal Code Chapter 3.08, as well as administrative purchasing procedures, govern the acquisition of contract services. Contracts for services that exceed $75,000 are typically obtained through a formal bidding process. However, exceptions can be made in accordance with the provisions of Murrieta Municipal Code Section 3.08.280.

The Development Services Department (DSD) is currently working with GLA for the preparation of the Criteria Refinement and State permit applications. To prepare and submit the Criteria Refinement and application to the agencies, DSD would like to expand the services provided by GLA and retain the services of RICK. These two firms have been selected due to their experience and proven track record.

The proposed Amendment for GLA will increase the amount to $173,110, expand the scope of work, and extend the term to June 30, 2026.

The proposed Amendment for RICK will allocate $297,060 of the annual amount specifically for the Los Alamos Sports Park Soccer Project, expand the scope of work, and extend the term to June 30, 2026.

FISCAL IMPACT
The proposed amendments total $470,170. Funds are available in General Ledger Accounts 1104400-60480 and 1101600-60320 to cover the costs associated with both agreements.

ATTACHMENTS

1. Glenn Lukos Associates, Inc.

2. Original Agreement with Glenn Lukos Associates, Inc.

3. Amendment #1 Agreement with Rick

4. Original On-Call Contract Services Agreement with Rick CITY OF MURRIETA Printed on 8/29/2024Page 3 of 3
powered by Legistar™
544
01375.0001/937862.4 -1-

AMENDMENT TO THE AGREEMENT WITH

THE CITY OF MURRIETA AND CONSULTANT

Amendment No.: 1
Original Agreement Title (“Agreement”): Agreement with Glenn Lukos Associates, Inc.

Agreement Effective Date: 03/20/24
Agreement Termination Date: June 30, 2026
Consultant Name: Glenn Lukos Associates, Inc.

Brief Description of Scope of Services (“Services”): Criteria Refinement and Incidenrtal Take Permit applications, and additional biological and cultural analysis.

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 re ferenced 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: None.

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:

Section 3.1 of the Agreement is hereby amended to read as follows:
“The term of this Agreement shall be from March 4, 2024, until June 30, 2026.”

Section 4.1 of the Agreement is hereby amended to read as follows:
“Consideration. In consideration of the services to be performed by CONSULTANT for the CITY as set forth in Section 1, the CITY agrees to pay CONSULTANT the rates set forth in Exhibit A-1 with a total contract not-to-exceed sum of One Hundred and Seventy Three 545
01375.0001/937862.4 -2-

Thousand Dollars ($173,110.00).”

Pursuant to Section 4.2 of the Agreement, the scope of services is hereby amended to include cultural resources (CEQA archeological resources assessment and consultation under AB-52) and additional biological support (additional species surveys, preparation of technical studies, additional environmental permitting (Incidental Take Permit and Criteria Refinement).

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:

Lori Stone, Mayor
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.

546
01375.0001/937862.4 -3-

By:

Name: Thienan Pfeiffer
Title: Director of Regulatory Services, Glenn
Lukos Association, Inc.

Date:

By:

Name:Dominique Brunel
Title:Secretary, Glenn Lukos Association, Inc.

Date:
547
ATT. 1 Exhibit (a)

SCOPE OF WORK
with GLA
548

01375.0001/937862.4 -1-

AMENDMENT TO THE AGREEMENT WITH

THE CITY OF MURRIETA AND CONSULTANT

Amendment No.: 1
Original Agreement Title (“Agreement”): Agreement with Glenn Lukos Associates, Inc.

Agreement Effective Date: 03/20/24
Agreement Termination Date: June 30, 2026
Consultant Name: Glenn Lukos Associates, Inc.

Brief Description of Scope of Services (“Services”): Criteria Refinement and Incidenrtal Take Permit applications, and additional biological and cultural analysis.

This Amendment to the Agreement, made effective on the date exe cuted 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: None.

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 Agr eement are hereby amended to read as follows:

CONSULTANT has special knowledge , experience, and facilities for accomplishing the above services.

Per Section 3.1, extend the Agreement from December 31, 2025 to June 30, 2026.

Per Section 4.1, an increase in the contract amount from $47,518.24 to $173,110.00.

Per Section 4.2, amended services to include cultural resources (CEQA archeological resources assessment and consultation under AB-52) and additional biological support (additional species surveys, preparation of technical studies, additional environmental permitting (Incidental Take Permit and Criteria Refinement).
549

01375.0001/937862.4 -2-

3. All other conditions of the Agreement shall continue in ful l 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:

Lori Stone, Mayor
A T T E S T : D a t e :

Cristal McDonald, City Clerk
Date:

APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

Tiffany Israel, City Attorney
Date:

CONSULTANT:

By:

Name: Thienan Pfeiffer
Title: Director of Regulatory Services, Glenn
Lukos Association, Inc.
550

01375.0001/937862.4 -3-

Date:

By:

Name:Dominique Brunel
Title:Secretary, Glenn Lukos Association, Inc.

Date:
551

SCOPE OF WORK

CULTURAL RESOURCES AND ADDITIONAL BIOLOGICAL SUPPORT

LOS ALAMOS SPORTS COMPLEX

MURRIETA, RIVERSIDE COUNTY, CALIFORNIA

TASK I. PREPARE CEQA ARCHAEOLOGICAL RESOURCES ASSES SMENT

CEQA Phase I Archaeological Resources Assessment (Phase I) work will consist of background research, a pedestrian field survey of the Project site, and preparation of a report documenting the findings. GLA will request an appointment to conduct an in-person records search at the Eastern Information Center (EIC) of the California Historical Resources Information System located at University of California, Riverside. The EIC, an affiliate of the California Office of Historic Preservation (OHP), is the official repository of cultural resources reports and records for Riverside County. The records search will identify recorded cultural resources and studies in, and within 0.5 mile of, the entire Project site. Local county listings, historic aerial photographs, and historic topographic maps, if available, will also be reviewed.

Following completion of the EIC record search, a pedestrian field survey of the approximately 47- acre Project site will be conducted to identify surficial cultural resources in the Project site. It is assumed that the field survey can be completed by one archaeologist within two days. After the field survey is completed, a report will be prepared to document the Phase I methods, results, and recommendations for next steps (if any). A copy of the final report will be submitted to the EIC in fulfillment of a requirement to access their archives.

This scope assumes that no archaeological resources will be identified in the Project site as a result of the records search or field survey. If archaeological resources are identified, GLA will notify you immediately to discuss and develop a scope and budget for additional tasks. For example, if resources are identified, cultural resources would need to be recorded on State of California Department of Parks and Recreation (DPR) Series 523 forms in accordance with the guidelines established by OHP.

GLA understands that the City has initiated coordination with Pechanga Band of Indians and assumes that representatives from Pechanga Band of Indians will request to review the draft Phase I report and will provide comments on the document. The budget for the CEQA archaeological assessment includes a total of eight hours for GLA to coordinate with Pechanga Band of Indians representatives and respond to tribal representative comments on the Phase I report. The scope does not include assistance with Native American consultation or coordination with other tribal groups.

TASK II. PREPARE CEQA HISTORIC RESOURCE EVALUATION

The single-family residence on the Project site was constructed in 1976 and is currently less than 50 years of age, which is the threshold or historical significance. However, an evaluation of the residence is proposed to ensure that all cultural resources aspects of the Project site are addressed in the event that certification of the CEQA document occurs in 2026, at which time the residence 552

would be 50 years of age. To evaluate the residence, an architectural historian will conduct archival research on the history and development of the property. Research locations will include, but not be limited to, the City of Murrieta, the Riverside County Assessor’s Office, and the local public libraries. Research will utilize primary and secondary sources of information such as building permits, historic maps and photographs, newspaper articles, city directories, and written histories.

The architectural historian will also conduct an intensive ‐level field survey of this property. During
the survey, photographs will be taken of the exterior of the building and notations will be made regarding the building’s architectural style, integrity, and condition. Safe access to the property will be required to complete the survey. Access to the interior of the residence is not required.

DPR forms will be prepared, which will include an architectural description, photograph, historic context, list of references, and a significance evaluation using the California Register of Historical Resources and City criteria. Upon completion of the evaluation, the property will be assigned a California Historical Resources Status Code indicating its level of significance. Along with the DPR forms, a brief memorandum will be prepared to summarize research, field methods, and findings.

TASK III. CONDUCT FOCUSED BURROWING OWL SURVEYS

The Project site is located within the MSHCP Survey Area for the burrowing owl ( Athene cunicularia ). Pursuant to Section 6.3.2 of the MSHCP, habitat assessments are required for the burrowing owl, with focused surveys being required within areas of suitable habitat. The MSHCP Burrowing Owl Survey Instructions is divided into two main steps. Step I includes a general habitat assessment for the burrowing owl. Since it is known that suitable habitat exists on site, then step II will be conducted. Step II, Part A requires a focused burrow survey to locate and map suitable burrows with the potential to be occupied by burrowing owls. This includes observing burrow for diagnostic owl sign, including whitewash, regurgitated pellets, bones, feathers, etc. If suitable burrows are identified, then focused surveys are required; which are to be conducted during the breeding season (March 1 through August 31). A total of four focused survey visits are required per survey polygon, which may include the focused burrow survey if conducted during the breeding season. The results of the focused burrowing owl surveys will be included in the Biological Technical Report.
553
COST

GLA's direct expenses shall be those costs incurred directly for the CLIENT's project, including, but not limited to, necessary transportation costs including mileage by automobile at the current rate allowed by IRS, meals and lodging, laboratory tests and analyses, retention and management of technical consultants, printing, and binding charges. Reimbursement for these expenses shall be on the basis of actual charges when furnished by GLA. An administrative charge of 15% shall be applied to all direct expense charges. The table below has been developed to aid us in estimating the total cost of the proposed work and is provided for your information only. Unless otherwise arranged with the client, the cost of each task is not meant to be precise and we may find it necessary to shift costs between tasks as the work proceeds.

TASK
TOTAL
COSTS Schedule Start Schedule End
Task I. CEQA Archaeological Assessment $16,630 8/1/2024 11/1/2024 Task II. CEQA Historic Resource Evaluation $7,360 8/1/2024 9/15/2024 Task III. Burrowing Owl Surveys $7,280 7/22/2024 8/31/2024 TOTAL $31,270

p:0955-8b.sow
554

SCOPE OF WORK

MSHCP AND REGULATORY SUPPORT

LOS ALAMOS SPORTS COMPLEX

MURRIETA, RIVERSIDE COUNTY, CALIFORNIA

TASK I. CONDUCT CBB FOCUSED SURVEYS

GLA biologists will conduct focused surveys for Crotch’s bumble bee (Bombus crotchii - CBB) in all areas of suitable habitat within the Project site. GLA Biologists will conduct visual surveys spaced evenly, as appropriate, over three sampling periods during the flight season. The survey methodology will be repeated for the suitable habitat on site.

Surveys will occur in June and July 2024 (as determined by monitoring flowering periods of known host plants) and the survey effort will concentrate in those taxonomic alliances that are determined to provide the best pollen and nectar resources to CBB. The timing of when each survey is conducted can be modified based on the phenology of pollinator host plants available during the field season. Surveys will take place when temperatures are above 60° F and will not be conducted during wet conditions. The surveyor will wait at least one hour after rain subsides before conducting a survey. Sunny days with low wind speeds (less than 8 mph) are optimal. Surveys will not begin for at least two hours after sunrise and will be completed no more than three hours before sunset.

During each survey, two sampling phases will be implemented. During the first phase, the surveyor will conduct one hour of visual survey effort within a three-acre flowering area identified as supporting the highest quality habitat as determined by the surveyor. If CBB are not detected during the first hour of searching, a second hour of survey effort will be conducted. During the second hour, the surveyor can either choose to resurvey the same flowering area (if Bombus species are detected prior) or the surveyor can choose to conduct a second hour of searching within another high quality three-acre flowering area on site. If CBB are not detected during the second hour of the survey effort, the second survey phase would be implemented, in which the surveyor will opportunistically survey additional flowering areas throughout the entire site, as deemed appropriate. The surveyor will scan suitable flowering areas for bumble bee activity and move towards those areas. If CBB is detected on site, photographic evidence will be taken to confirm field identification and GPS locations of all CBB observations will be recorded. GLA will prepare a report to document the results of the focused surveys.

TASK II. CRITERIA REFINEMENT ANALYSIS

The Project site is located within the MSHCP Criteria Area, specifically Subunit 5 (French Valley/Lower Sedco Hills) of the Southwest Area Plan. The majority of the Project site is within Cell 5775 of Cell Group G’, with a portion of the site in independent Cell 5669. Conservation within the Criteria Cells is intended to contribute to the assembly of Proposed Core 2. Development of the Project site would prevent the goals of Cell Group G’ and Cell 5669 from being met. An alternative is proposed to provide other lands in replacement for the loss of lands associated with the Project site. GLA will prepare an analysis to support a Criteria Refinement. The analysis will 555

evaluate the resource value of proposed replacement lands compared with the lands to be impacted by the Project. The analysis will include the following information about the proposed action:

•
Definition of the planning area for Proposed Core 2;
• Narrative and graphic description of the lands proposed for replacement compared with the currently described lands;
• Narrative and graphic description of biological information available for the existing and proposed conserved lands;
• Quantification and characterization of effects/benefits of the proposed action (incorporating Criteria refinements) on Habitats, species and overall MSHCP Conservation Area design and function including relationship to Proposed Core 2. • Any other information deemed necessary by the Permittee to make the appropriate findings.

The Criteria Refinement Analysis will include an equivalency analysis to address the following:

•
Effects on Habitats
• Effects on Covered Species
• Effects on Core Areas (as identified on the MSHCP Core and Linkage map, Figure 3-2) • Effects on Linkages and Constrained Linkages (as identified on the MSHCP Core and Linkage map, Figure 3-2)
• Effects on Non-Contiguous Habitat Blocks (as identified on the MSHCP Core and Linkage map, Figure 3-2)
• Effects on MSHCP Conservation Area configuration and management (such as increases or decreases in edge)
• Effects on ecotones (defined as areas of adjoining Vegetation Communities, generally characterized by greater biological diversity) and other conditions affecting species diversity (such as invasion by exotics)
• Equivalent or greater acreage contributed to the MSHCP Conservation Area

The equivalency analysis shall draw conclusions regarding the degree to which the proposed action (incorporating Criteria refinements) is considered to be biologically equivalent or superior to a project on the same site not deviating from the MSHCP Criteria. After review by the City of Murrieta, the Criteria Refinement Analysis will be provided to the Regional Conservation Authority (RCA) to initiate the Criteria Refinement Process. This task allows for two revisions of the analysis, including to address comments from the City and the RCA. In addition, this task allows for two meetings with the Project team, RCA, and Wildlife Agencies to discuss the Criteria Refinement. The estimated timeframe to prepare the Criteria Refinement Analysis and obtain RCA Findings and concurrence from the Wildlife Agencies is 12 months (6/1/2024 to 5/31/2025). Preparation of the Analysis is estimated to take 90 days, which includes review time by the City of Murrieta. Upon initiation of Criteria Refinement Review, the RCA will have 60 days to initially review GLA’s Analysis and provide any comments. If no comments, then the RCA will provide Criteria Refinement Findings. If the RCA provides comments requiring revisions to GLA’s Analysis, then another 90 days is estimated to complete revisions and for a second round of RCA review to issue Findings.
556

TASK III. MSHCP CONSISTENCY ANALYSIS

Since the Project site is located within the MSHCP Criteria Area, the Project will require Joint Project Review (JPR). GLA will prepare a Joint Project Review (JPR) application and submit this package to the City and RCA in accordance with MSHCP requirements. The JPR application will include the following:

• Background information, such as information regarding the applicant; • Assessor’s parcel numbers;
• Total acres of development and conservation; and
• A description of the proposed Project.

In support of the JPR application, GLA will prepare a MSHCP Consistency Analysis. The report will summarize the biological findings, present the Project design, and analyze how the Project correlates to the MSHCP guidelines. The report will also discuss Riparian/Riverine and Vernal Pool Areas, Narrow Endemic Plant Species, Additional Survey Areas, Urban/Wildlife Interface, Criteria Cell Requirements, and Criteria Area Species. The report will follow the RCA template for the MSHCP Consistency Analysis.

GLA will prepare the MSHCP Consistency Analysis concurrent with the processing of the Criteria Refinement. GLA will start preparing the report in September 2024 and will intend for the report to be ready to initiate Joint Project Review (JPR) when the Wildlife Agencies provide concurrence on the Criteria Refinement, which is estimated as May 31, 2025.

TASK IV. PREPARE DETERMINATION OF BIOLOGICAL EQUIVA LENT OR

SUPERIOR PRESERVATION (DBESP) ANALYSIS

GLA will prepare a Determination of Biologically Equivalent or Superior Preservation (DBESP) Analysis that meets the requirements for approval of a DBESP. The report will provide a definition of the project area for all portions of the project; a written project description, demonstrating why an avoidance alternative is not feasible; a written description of biological information available for the project site including the results of resource mapping; soils description/analysis/map, floral and faunal list; analysis of 100% avoidance and alternatives (including minimization of direct and indirect effects); quantification of unavoidable impacts to the MSHCP species/habitats triggering the DBESP, including direct and indirect effects; a functions and values assessment that will focus on affects to downstream values related to Conserved Species; habitat assessments for least Bell’s vireo, southwestern willow flycatcher, western yellow-billed cuckoo, Riverside fairy shrimp, and vernal pool fairy shrimp; a written description of project design features and mitigation measures that reduce indirect effects, such as edge treatments, landscaping, elevation difference, minimization and/or compensation through restoration or enhancement; written discussion of edge treatments and their relation to the functions and values to be conserved (including lighting, noise, trash/debris, urban and storm water runoff, toxic material, exotic plant and animal infestations, dust); mitigation measures need to demonstrate ensure long-term conservation and need to consider restoration and/or 557

enhancement of on-site habitat restoration and/or enhancement of off-site habitat; and a finding demonstrating that although the proposed project would not avoid impacts, with proposed design and compensation measures, the project would be biologically equivalent or superior to that which would occur under an avoidance alternative without these measures.

The client will need to provide the necessary project details including engineering details and design, construction timing, and alternatives for the DBESP. This task and cost estimate include budget sufficient for one thorough revision to the draft (initial) report and one revision to the report following initial wildlife agency review and comment.

As with the MSHCP Consistency Analysis, GLA will prepare the DBESP Analysis concurrent with the processing of the Criteria Refinement. GLA will start preparing the report in September 2024 and will intend for the report to be ready to initiate Joint Project Review (JPR) when the Wildlife Agencies provide concurrence on the Criteria Refinement, which is estimated as May 31, 2025.

TASK V. COORDINATE JOINT PROJECT REVIEW

GLA will coordinate with the Project team and the RCA as part of the JPR process. The RCA has 14 days to review an initial JPR application package and either issue JPR Findings or provide comments requiring revisions. Each subsequent review after resubmittal of the documents to the RCA is another 14 days. GLA recommends that the Project team attend at least one pre-application meeting with the RCA and Wildlife Agencies to discuss the Project, although additional meetings could be necessary. This task assumes five meetings with the Project team, two coordination meetings with the RCA and Wildlife Agencies, and miscellaneous coordination. Should additional meetings be required, a change order will be prepared to incorporate these additional meetings into GLA’s scope of work.

TASK VI. COORDINATE DBESP REVIEW

GLA will coordinate with the Project team and the RCA as part of the DBESP review process. The Wildlife Agencies have 60 days to perform an initial review of a DBESP Analysis once the RCA has completed JPR. If the Wildlife Agencies provide comments requiring revisions to the DBESP Analysis, then each subsequent review could take up to another 60 days, although subsequent reviews could be expedited depending on the extent of revisions. GLA recommends that the Project team attend at least one DBESP pre-application meeting (which is different from the general pre- application meetings recommended prior to JPR) with the RCA and Wildlife Agencies to discuss the Project, although additional meetings could be necessary. This task assumes three meetings with the Project team, two coordination meetings with the RCA and Wildlife Agencies, and miscellaneous coordination. Should additional meetings be required, a change order will be prepared to incorporate these additional meetings into GLA’s scope of work.

558

TASK VII. DELINEATE ON SITE FEDERAL AND STATE AGENC Y JURISDICTION

A field team of regulatory specialists will re-delineate Corps jurisdictional boundaries within the project site. The field team will investigate specific conditions relating to jurisdictional criteria such as evidence of ordinary high water marks (OHWM), wetland vegetation indicator species, hydric soils, and appropriate hydrology, all as outlined in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual (1987 Manual) and the 2008 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0). Reference will also made to the 2019 State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (State Board Wetland Definition and Procedures) to identify suspected State wetland habitats. The OHWM will be evaluated using the methodology set forth in the 2008 Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States. These data will be recorded on the aerial photograph for use in preparing jurisdictional maps and a letter report.

A field team of regulatory specialists will re-delineate CDFW jurisdictional boundaries within the project site. All intermittent and ephemeral streams, rivers, creeks, dry washes, sloughs, blue-line streams, and watercourses with subsurface flows, canals, aqueducts, irrigation ditches, and other means of water conveyance, and lakes will be examined for indicators of CDFW jurisdiction.

These indicators include biologic components of aquatic systems (such as riparian vegetation) and physical features (such as a bed or channel, banks, levees, instream features such as logs or snags, and flood plains). Measurements of this jurisdiction will be taken at periodic intervals along the drainage and mapped onto a 200-scale topographic map. Isolated wetlands (such as vernal pools) are generally not considered to be within CDFW jurisdiction.

The Regional Board’s jurisdiction pursuant to Section 401 of the Clean Water Act will be identical to that of the Corps pursuant to Section 404 of the Clean Water Act. However, where the Corps declines jurisdiction, the Regional Board will claim jurisdiction over such waters pursuant to the Porter-Cologne Act. GLA will identify and delineate any such waters and keep track of those waters separately from those within Corps jurisdiction.

TASK VIII. PREPARE JURISDICTIONAL DELINEATION REPOR T

A regulatory specialist will prepare a letter report to document the findings concerning Corps, Regional Board, and CDFW jurisdiction on the site. The report will document the extent of jurisdiction and assess wetland-related biological resources. Documentation will consist of (1) field data sheets (as an appendix), (2) color photographs of representative jurisdictional areas (and non- jurisdictional areas that could be mistaken for jurisdiction), (3) a topographic map (at the scale provided by the client, but not less than 200-scale) of the limits of jurisdictional areas (the map will show all points at which measurements were made and soil pits examined), and, if applicable, (4) a table showing the area of Corps, Regional Board, and CDFW jurisdiction for each drainage and tributary.

559

TASK IX. FORMULATE MITIGATION PLAN

Feasible measures for mitigating any impacts upon vernal pool resources resulting from project implementation will be recommended for consideration. Agency policy generally requires that: (1) on site mitigation be given full consideration, (2) mitigation be like-in-kind (to the maximum extent possible), and (3) habitat be replaced at no less than 1 to 1 by area (even if mitigation is designed so as to result in higher value habitat). Emphasis will be placed upon providing the maximum attainable compatibility between project design objectives and regulatory requirements. Off-site mitigation will be required if on site mitigation is not feasible, however, the search for suitable off- site mitigation locations is not included in this scope of work. Based on the avoided areas of existing vernal pool resources, it is likely that on-site mitigation for vernal pool impacts will be achievable.

After approval of recommended mitigation by the client, conceptual plans will be prepared.

Conceptual plans will include plant lists, a general description of site preparation methods, biological monitoring program, maintenance program, and other information sufficient to satisfy resource agency review requirements. A final planting plan with specifications sufficient to obtain bids for installation of the mitigation should be prepared only after obtaining approval from all the agencies; preparation of a final plan, if necessary, is not included in this scope of work. Grading, if any, for the conceptual mitigation plan will be recommended by GLA, however, final grading plans must be reviewed and approved by the client's engineer at the client's expense.

TASK X. PROCESS APPROVED JURISDICTIONAL DETERMINATI ON

The drainage features on site are ephemeral (i.e., are not relatively permanent, flowing, or standing bodies of water that are tributary to other waters of the United States); therefore, they are not expected to meet the current definition of waters of the United States as defined in Corps regulations at 33 CFR Part 328.3(a). The mapped vernal pools on site are also likely not to be deemed wetlands under the same Corps regulations. Should the Corps decline to assert jurisdiction over the drainage features and vernal pools on site, then no Corps jurisdictional waters would be present, and no CWA Section 404 Permit would be required for the Project.

In order to secure an Approved Jurisdictional Determination (AJD) from the Corps, GLA will prepare the AJD forms and provide the necessary backup information. If concurrence is received, the Corps would issue the AJD and No Permit Necessary Letter.

The request for an AJD may include:

• Administrative information;
• Summary information, including Section 10 of the 1899 Rivers and Harbors Act and/or Section 404 of the Clean Water Act and/or excluded waters and/or other features; • Other summary information, such as photographs, hydrology information, National Wetlands Inventory (NWI) maps;
560

• Stream Duration Assessment Method (SDAM) forms; and
• Information contained in the Corps’ Antecedent Precipitation Tool.

TASK XI. PREPARE STREAMBED ALTERATION NOTIFICATION

A 1602 Streambed Alteration Notification will be completed in accordance with CDFW standards and, only after review and approval by the client, submitted to the CDFW for review. As of September 1, 2020, the notifications will be submitted online through CDFW’s online portal, EPIMS. GLA will register the project on behalf of the Client (Applicant) and upload the required notification, which will include, at a minimum:

• detailed description of the proposed project, including grading plans provided by the client; • detailed description of the regulated features to be impacted by the proposed project; • discussion of approvals and certifications being obtained from other federal, state, or local agencies;
• conceptual mitigation plan as discussed above;
• correct notification fee as broken down by CDFW project; and • a completed CDFW notification form.

Please be aware that CDFW generally will not accept a notification unless accompanied by a draft CEQA document, and will not issue any authorization until the CEQA document has been approved and a Notice of Determination or other similar documentation is filed.

TASK XII. PREPARE REQUEST FOR WASTE DISCHARGE REQUI REMENT A 401 Water Quality Certification is only required when a project, affecting waters of the United States, requires a federal action such as a Corps permit. If there is no federal action, but waters of the state are being affected, the Regional Board requires the processing of a Waste Discharge Requirement pursuant to the Porter-Cologne Act.

In April of 2019, the State Water Resources Control Board adopted the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (“Procedures”) which became effective on May 28, 20 20. The Procedures set forth the process under which each Regional Board is required to review projects result in the permanent loss of waters of the State, which includes both federal waters, subject to Section 404 jurisdiction as well as waters which are not regulated as waters of the U.S. pursuant to Section 404 of the Clean Water Act. For areas subject to fill, the Procedures includes three “Tiers” under which projects are evaluated.

• Tier 1 projects include any discharge of dredged or fill material that directly impacts less than or equal to one tenth (0.1) of an acre or less than or equal to 100 linear feet of waters of the state…
561

• Tier 2 projects include any discharge of dredged or fill material that directly impacts more than one tenth (0.1) and less than or equal to two tenths (0.2) of an acre or more than 100 and less than or equal to 300 linear feet of waters of the state…

• Tier 3 projects include any discharge of dredged or fill material that directly impacts more than two-tenths (0.2) of an acre or 300 linear feet of waters of the state, rare, threatened or endangered species habitat in waters of the state, wetlands or eel grass beds, or Outstanding National Resource Waters or Areas of Special Biological Significance, and is not a project that inherently cannot be located at an alternate location. Tier 3 projects shall provide an analysis of off-site and on-site alternatives.

Based on the impacts described in the existing Biological Resources Technical Report prepared by Harris & Associates (2022), it is anticipated that the Project would be considered a Tier 1 project, and the level of effort prescribed to this task is based on this impact analysis.

Please be aware that the Regional Board will not accept an application unless accompanied by a draft CEQA document, and will not issue any authorization until the CEQA document has been approved and a Notice of Determination or other similar documentation is filed.

TASK XIII. PROJECT AND REGULATORY AGENCY COORDINATI ON

The AJD, the 1602 notification, and Waste Discharge Requirement request will be coordinated with the Corps, CDFW, and Regional Board throughout processing to ensure that any potential problems are made known to the client and resolved at the earliest possible opportunity. This task also includes coordination with the engineering and/or project team on large digital file transfers and reviews. The degree of effort anticipated and included under this task is based on a reasonable and general approximation of effort. It is not feasible to know with certainty what level of coordination an agency will require because this is dependent on the specific agency personnel processing the permit and client perspectives.

562
COST

TASK
TOTAL
COSTS Schedule Start Schedule End
Task I. Conduct CBB Focused Surveys $17,380 6/1/2024 8/15/2024 Task II. Criteria Refinement Analysis $19,580 6/1/2024 3/1/2025 Task III. MSHCP Consistency Analysis $12,600 9/1/2024 3/1/2025 Task IV. DBESP Analysis $12,600 9/1/2024 3/1/2025
Task V. Coordinate JPR $6,440 3/1/2025 5/1/2025
Task VI. Coordinate DBESP Review $6,440 5/1/2025 8/1/2025 Task VII. Delineate Jurisdiction $7,280 6/15/2024 6/30/2024 Task VIII. Prepare JD Report $8,970 6/30/2024 7/15/2024 Task IX. Formulate Mitigation Plan $12,320 7/15/2024 8/31/2024 Task X. Process AJD $7,830 7/15/2024 12/31/2024
Task XI. Process SAA with CDFW $7,830 9/15/2025 5/15/2026 Task XII. Process WDR with Regional Board $7,830 9/15/2025 5/15/2026 Task XIII. Project and Agency Coordination $14,740 6/1/2024 5/15/2026 TOTAL $141,840

563
ATT. 1 Exhibit (b)
GLA Insurance
564
ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #

COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
1/26/2024
License # 0757776(909) 379-1333(909) 533-226613604Glenn Lukos Associates, Inc.1940 E Deere Avenue Ste 250Santa Ana, CA 927051904629424 A 2,000,000XX10000673342313/31/20233/31/202450,0005,0002,000,0004,000,0002,000,0001,000,000B XXBA-8M250481-23-42-G3/31/20233/31/2024 C X72 WEC AR3J9L3/31/20233/31/20241,000,000N 1,000,0001,000,000AProfessional Liab10000673342313/31/2023Each Occurrence/Agg2,000,000APollution Liability10000673342313/31/20233/31/2024Each Occurrence1,000,000Re: GLA#0955-8LASPCity of Murrieta is Additional Insured as respect to General Liability per attached, as required by written contract, including Primary/Non-contributory andWaiver of Subrogation. Professional Liability included per attached. Auto Additional Insured and Waiver of Subrogation applies per attached, includingPrimary wording per attached. Waiver of Subrogation on Workers Compensation applies per attached. A $10,000 Deductible applies per claim onProfessional Liability, per Occurrence on General Liability and Pollution Liability. No Deductible on Automobile Liability. Maximum Policy Aggregate limit is$4,000,000 on General Liability, and $2,000,000 on Professional and Pollution Liability."Should the policies be cancelled before the expiration date, Hub International Insurance Services Inc (Hub), independant of any rights which may be affordedSEE ATTACHED ACORD 101 City of MurrietaOne Town Square24601 Jefferson AvenueMurrieta, CA 92562 GLENLUK-01LHEMMERS
HUB International Insurance Services Inc.3390 University AvenueSuite 300Riverside, CA 92501Lysandra [email protected] Surplus Lines Insurance CompanyTravelers Casualty Insurance Company of AmericHartford Casualty Insurance Company X3/31/2024
X XXX
565
FORM NUMBER:

EFFECTIVE DATE:

The ACORD name and logo are registered marks of ACORD

ADDITIONAL REMARKS

ADDITIONAL REMARKS SCHEDULE
FORM TITLE:

Page of

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01)
AGENCY CUSTOMER ID:LOC #:

AGENCY NAMED INSUREDPOLICY NUMBERCARRIER NAIC CODE
© 2008 ACORD CORPORATION. All rights reserved.

HUB International Insurance Services Inc.

GLENLUK-01
SEE PAGE 1
1 SEE PAGE 1ACORD 25Certificate of Liability Insurance
License # 07577761
SEE P 1Glenn Lukos Associates, Inc.1940 E Deere Avenue Ste 250Santa Ana, CA 92705SEE PAGE 1 LHEMMERS1
Description of Operations/Locations/Vehicles:within the policies to the certificate holder named below, will provide to such certificate holder notice of such cancellation within thirty (30) days of the cancellation date, except in the event the cancellation is due to non-payment of premium, in which case Hub will provide to such certificate holders notice of such cancellation within ten (10) days of the cancellation date."A.M. Best :Starr Surplus Lines Insurance Company A XVTravelers Casualty Insurance Company of America A++ XVProperty and Casualty Insurance Company of Hartford A+ XV 566
03 .BSDI
3BU".
567
Copyright © Starr Surplus Lines Insurance Company. All rights reserved.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 1 of 13 ends

PROFESSIONAL LIABILITY COVERAGE FORM

CLAIMS MADE AND REPORTED COVERAGE
PLEASE READ THE ENTIRE FORM CAREFULLY.

Various provisions in “this policy” restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not insured.

Throughout “this policy,” the words “you” and “your” refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under “this policy.” The words “we,” “us” and “our” refer to the Company providing this insurance.

The word “insured” means any person or organization qualifying as such under SECTION II - WHO IS AN INSURED.

Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VI - DEFINITIONS.

SECTION I - COVERAGE
Coverage: Professional Liability
A. Insuring Agreement

1. We will pay those sums in excess of the deductible that the insured becomes legally obligated to pay as “damages” resulting from “claims” made for any “breach of professional duty,” but only if:
a. such “breach of professional duty” first takes place:
i. on or after the “retroactive date”;
ii. before the end of the “policy period”; and
iii. solely in the performance of “professional services” performed within the “coverage territory”; and only if:
b. such “claims” are:
i. first made against the insured during the ”policy period” or any purchased Extended Reporting Period;
ii. brought within the “coverage territory”; and
iii. reported to us in writing during the “policy period” or any purchased Extended Reporting Period.

2. If additional “claims” are subsequently made that arise out of the same “breach of professional duty” or any “interrelated breaches” as a “claim” already made, then all such additional “claims,” whenever made, shall be deemed first made within the policy year or purchased Extended Reporting Period in which the earliest “claim” arising out of such “professional services” was made and all such “claims” shall be subject to the same Each Claim Limit of Insurance.

3. We have the right but not the duty to defend the insured against any “suit” seeking “damages” to which this insurance applies. However, we will not defend any insured against any “suit” seeking “damages” to which this insurance does not apply. We may, at our sole discretion, investigate any alleged “breach of professional duty” and settle any “claim” or “suit” tha may result. But:
a. The amount we will pay for “damages” is limited as described in SECTION III – LIMITS OF INSURANCE AND DEDUCTIBLE; and
b. If we opt to defend the insured against a “suit,” such defense will end when the applicable limit of insurance has been exhausted by the payment of “damages” or supplementary payments or both.

Policy Number: 1000067334231
568
Copyright © Starr Surplus Lines Insurance Company. All rights reserved.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 2 of 13 ends

B. Exclusions
This insurance does not apply to “claim(s)”:

1. Prior Claims
First made against any insured prior to the inception of “this policy”; or

2. Knowingly Wrongful Acts
Arising out of any insured’s dishonest, intentional, fraudulent, criminal, malicious, or knowingly wrongful act or non-compliance with any statute, regulation, ordinance, professional license requirement, administrative complaint, notice of violation, notice letter, executive order, or instruction of any government agency or body.

However, this exclusion shall not apply unless and until there is a final judgment against an insured establishing such conduct. Where there is such a final judgment, the insured shall reimburse us for all payments made for the associated “claim”; or

3. Executive Officer
Arising from any insured’s services and/or capacity as an “executive officer,” director, partner, trustee or ”employee” of a business enterprise not named in the Declarations; or

4. Other Enterprises
Arising out of any business enterprise owned, operated or managed by the insured or its parent company or the affiliate, successor or assignee of such company if it is not named in the Declarations; or

5. Warranties or Guarantees
Arising out of any express or implied warranty or guarantee unless liability would have attached to the insured in the absence of an express warranty or guarantee; or

6. Punitive Damages
For punitive damages, exemplary damages, multiplied damages, fines or penalties; or

7. Insurance/Bonds
Arising out of the advising of, requiring of, or failure to advise of or require, or failure to obtain or maintain, any form of insurance or surety bond; or

8. Contractual Liability
Based upon or arising out of the liability of others that you assume under a contract or agreement. However, this exclusion does not apply provided that the liability would exist in the absence of a contract or agreement and results from a “breach of professional duty” that takes place subsequent to the execution of the contract or agreement; or

9. Workers Compensation
Arising out of, or in any way related to, the obligation of the insured under a workers’ compensation, disability benefits or unemployment compensation law or any similar law; or

10. Vehicles
Arising from the ownership, maintenance, use or entrustment to others of any aircraft, “auto” or watercraft owned or operated by, or rented or loaned to, you; or

11. Products
Arising out of the design or manufacture of any products developed by or on behalf of any insured for multiple sale or mass distribution, including but not limited to computer programs or software; or

12. Faulty Workmanship
Associated with any cost to replace or repair any faulty: workmanship, construction, assembly, erection, fabrication, installation, remediation, or other work including materials, parts or equipment furnished in connection therewith; or
569
Copyright © Starr Surplus Lines Insurance Company. All rights reserved.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 3 of 13 ends

13. Other Insureds
Against an insured by any other current or former insured; or

14. Employer’s Liability
Based upon or arising out of injury to any present or former “employee” or “executive officer” of any insured, including but not limited to wrongful termination, discrimination or any unfair employment practice; or

15. Ill-Gotten Gains
Alleging, arising from, based upon or attributable to the gaining in fact of any personal profit or advantage to which the insured is not legally entitled. However, this exclusion shall not apply unless and until there is final judgment against an insured establishing such conduct. Where there is such a final judgment, the insured shall reimburse us for all payments made for the associated “claim”; or

16. Nuclear
Alleging, arising from, based upon or attributable to nuclear reaction, radiation or contamination, under any circumstances and regardless of cause, within or originating from a nuclear reactor or any facility where nuclear waste or material is processed, stored or disposed; or

17. Intellectual Property
Alleging, arising from, based upon or attributable to any infringement of any patent, copyright, trademark, service mark, trade dress or trade name; or

18. General Discrimination or Harassment
Alleging, arising from, based upon or attributable to, or in any way involving discrimination or harassment of any kind, regardless of whether related to employment; or

19. Fee Disputes
Alleging, arising from, based upon or attributable to, or in any way involving any dispute over fees attributable to “professional services”; or

20. Sanctions
For which coverage would not be in compliance with any United States of America economic or trade sanctions, laws or regulations, including but not limited to the U.S. Treasury Department’s Office of Foreign Assets Control, or any similar foreign, federal, state or statutory law or common law; or

21. War
Based upon or arising out of war, including undeclared or civil war; warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these; or

22. Failure to Finance
Arising from your advising or requiring of, or failure to maintain or procure any financing or monies for payment of any portion of any project, or of services or labor connected with any project; or

23. Subcontractor Disputes
Arising from any dispute, including the institution of “suit” or arbitration proceedings, between you and your subcontractor(s), or any “claim” based upon or arising out of any dispute, including the institution of “suit” or arbitration proceedings, between any subcontractor and its subcontractor(s); or

24. Property
Arising from the insured’s ownership, rental, leasing, operation, maintenance, use or repair of any real or personal property, including “property damage” to property owned, operated, occupied, rented or leased by or to the insured, or in the insured’s care, custody or control; or 570
Copyright © Starr Surplus Lines Insurance Company. All rights reserved.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 4 of 13 ends

25. Related Entities
Arising from any insured's involvement in, or “professional services” rendered to or on behalf of, any organization or subsidiary or affiliate thereof, not named in the Declarations:
a. that wholly or partly owns, or to any extent controls, operates or manages an insured; or b. in which an insured has a greater than 20% ownership; or c. that is controlled, operated or managed by an insured; or d. in which the insured is an officer or director; or

26. Prior Knowledge
Arising from any “breach of professional duty” or circumstance that an insured had, or reasonably should have had, actual or constructive knowledge prior to the “policy period”; Any “interrelated breaches” or continuation, change or resumption of such “breach of professional duty” or circumstance during or after this “policy period” will be deemed to have been known prior to the “policy period”; or

27. Non-Disclosed or Materially Different Professional Services Arising from a “breach of professional duty” related to a type of “professional service” that:
a. was not disclosed in the “application”; or
b. was disclosed in the “application” but that is performed for a type of client or project that results in a material increase in risk relative to the types of clients and projects disclosed in the “application.” This exclusion shall not apply where such material differences were disclosed, accepted and endorsed to “this policy” in writing by us prior to the related “breach of professional duty”; or

28. Project Cost Overruns
For, arising out of, or resulting from cost guarantees, cost representations, or contract price estimates of probable costs or cost estimates actually or allegedly being exceeded; or

29. Delay in Construction, Erection, Fabrication, Installation and Assembly Arising out of, or resulting from delay in construction, erection, fabrication, remediation, installation or assembly, manufacture or supply of equipment or failure to complete any construction, erection, fabrication, remediation, installation or assembly, manufacture or supply of equipment at or within an agreed upon period of time; or

30. Work Done Under Project Specific Policies
Arising out of or resulting from the insured’s work on any project that is insured under a valid and collectible project specific insurance policy or any owner protective or owner controlled insurance policy for which the insured is provided insurance coverage. However, this exclusion shall not apply and “this policy” shall apply as an excess insurance policy when expressly described as excess coverage by endorsement onto “this policy”; or

31. Waste Disposal
Arising out of, or resulting from a “pollution incident” on, or emanating from, any location where the insured arranged for, sends, or has sent waste for disposal, treatment, recycling, reclamation or storage; or

32. Design-Build
Associated with any work or projects for which the insured performs “professional services” and for which:
a. the insured;
b. any person, including an independent contractor, for whom the insured is legally responsible; c. any entity under common ownership with the insured; or d. any entity that has an ownership interest in the insured 571
Copyright © Starr Surplus Lines Insurance Company. All rights reserved.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 5 of 13 ends

provides construction, erection, fabrication, installation, assembly services or manufactures or supplies equipment or materials incorporated therein.

33. Bankruptcy
Arising from liabilities resulting directly or indirectly from your bankruptcy, receivership, insolvency or subsequent liquidation.

C. Supplementary Payments
We will pay as part of and not in addition to the Limits of Insurance, with respect to any “claim” we investigate or settle, or any “suit” against an insured we defend:

1. All expenses we incur.

2. All reasonable expenses incurred by the insured at our request to assist in the investigation or defense of the “claim” or “suit,” including actual loss of earnings up to $250 a day because of time off of work.

3. All costs taxed against the insured in the “suit.”

4. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any pre-judgment interest based on that period of time after the offer.

5. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance.

These payments will reduce the Limits of Insurance shown in the Declarations.

SECTION II - WHO IS AN INSURED
The following are insureds under “this policy”:

A. you;
B. any person who is or was a partner, officer, director, stockholder or “employee” of the Named Insured but only while acting within the scope of his/her duties as such; C. the heirs, executors, administrators, and legal representatives of each insured as defined in A . and B. above, in
the event of death, incapacity or bankruptcy of such insured, but only as respects liability arising out of “professional services” rendered by or on behalf of the Named Insured prior to such insured's death, incapacity or bankruptcy;
D. a former partner, officer, director or “employee” of the Named Insured while rendering “professional services” on behalf of the Named Insured;
E. contract or leased personnel rendering “professional services” under the supervision of and on behalf of the Named Insured;
F. joint ventures in which the Named Insured is named as a co-venturer, but only as respects the insured's legal liability arising out of the insured's participation in such joint venture; G. any “predecessor in interest.”

SECTION III - LIMITS OF INSURANCE AND DEDUCTIBLE
A. Limits Of Insurance

1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of:
a. insureds;
b. “Claims” made or “suits” brought; or
c. Persons of organizations making “claims” or bringing “suits.” 572
Copyright © Starr Surplus Lines Insurance Company. All rights reserved.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 6 of 13 ends

2. The General Aggregate Limit is the most we will pay for the sum of “damages” including supplementary payments under the Professional Liability coverage of “this policy.”

3. Subject to the General Aggregate Limit, the Each Claim Limit is the most we will pay for the sum of all “damages” including supplementary payments under the Professional Liability coverage for each covered “claim.”

4. A single Each Claim Limit, and where applicable a single deductible applies to all “claims” arising out of the same “breach of professional duty” or “interrelated breaches” regardless of the number of insured(s) or claimants involved, the amount of “damage(s)” claimed or policy period(s) in which the actual or alleged “breach(es) of professional duty” or “interrelated breaches” took place.

5. The inclusion of more than one insured in the making of a “claim” or the bringing of a “suit” shall not increase the Limits of Insurance stated in the Declarations, nor shall the making of “claim(s)” or the bringing of “suits” by more than one person or organization increase the Limits of Insurance stated in the Declarations.

B. Deductible
The deductible is the amount stated in the Declarations. The deductible applies to each “claim.” The deductible shall be applied to the payment of both “damages” and supplementary payments. The insured shall pay the deductible. We may advance payment for part or all of the deductible amount and, upon notification of such payment made by us, the insured must promptly reimburse us for the amounts advanced within the deductible.

SECTION IV - CONDITIONS
A. Bankruptcy
Your bankruptcy, receivership or insolvency or that of your estate will not relieve us of our obligations under “this policy.” Any such bankruptcy, receivership or insolvency shall in no way increase our liability under this policy.

B. Duties in the Event of a “Claim”:

1. If a “claim” to which “this policy” applies is made against the insured, you must provide us with written notice, as soon as practicable, containing the following information:
a. The actual or alleged “breach of professional duty” or circumstance that is the subject of a “claim”; b. A description of the “professional services” rendered by the insured that resulted in the “claim”; c. The date(s) of such conduct that resulted in the “claim”; d. A description of the injury or damage that has resulted, or may result, in a “claim”; e. The identities and address(es) of any potential Claimant(s); f. The location(s) of any such “claim”; and
g. The circumstances by which the insured first became aware of the “claim.”

2. The insured must cooperate with us in all matters relating to “this policy,” including but not limited to, attending hearings and trials, securing and giving evidence, obtaining the attendance of witnesses, assisting in effecting settlements and in conducting litigation, arbitration or other proceedings.

3. If the insured has the right, based on statute, contractual agreement with any party making a “claim,” or any other reason, to either accept or reject arbitration of any “claim,” exercise such right only with our written consent.

4. Subject to obligations placed upon the insured by applicable law, the insured shall not admit or assume any liability, incur any expense other than for first aid, enter into any settlement agreement or stipulate to any judgment without our prior written consent. Any “damages” incurred by the insured and/or any settlements or judgments agreed to by the insured without such consent shall not be covered by “this policy.”

5. The insured shall do whatever is necessary and reasonable to secure and effectuate any rights of indemnity, contribution or apportionment that the insured may have.

6. Other than as required by law, the insured shall refrain from discussing the facts and circumstances of any “claim” with anyone other than legal counsel representing the insured or our representatives. 573
Copyright © Starr Surplus Lines Insurance Company. All rights reserved.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 7 of 13 ends

C. Reporting Of A Potential Claim
If the insured first becomes aware during the “policy period” of an actual or alleged “breach of professional duty” that is reasonably likely to result in a “claim,” the insured must give us written notice containing the information indicated below. If we receive such written notice prior to the end of the “policy period,” any “claims” subsequently made against the insured arising out of such “breach of professional duty” shall be deemed to have been made on the last day of the “policy period.” The insured shall cooperate fully with us, including in any investigation conducted by us or our authorized representatives with respect to such “breach of professional duty” or potential “claim,” and shall be subject to the terms set forth in SECTION IV – CONDITIONS , B. Duties in the Event of a
“Claim.”
It is a condition precedent to the coverage afforded by “this policy” that the written notice of a potential “claim” shall contain, to the extent possible, the same information required for an actual “claim” as listed in SECTION IV –

CONDITIONS
, B. Duties in the Event of a “Claim,” above. If all of the required information is not provided or is, in our reasonable judgment, deemed inadequate, we shall inform the insured that a “claim” made after the “policy period” relating to the written notice will not be deemed to have been made during the “policy period.” D. Legal Action Against Us

1. No person or organization has a right under “this policy”:
a. To join us as a party or otherwise bring us into a “suit” that seeks “damages” from an insured; or b. To sue us on “this policy”
unless all of its terms have been fully complied with.

2. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for “damages” that are not payable under the terms of “this policy” or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, you and the claimant or the claimant’s legal representative.

E. Other Insurance
If other valid and collectible insurance is available to the insured for a loss we cover under “this policy,” our obligations are limited as follows:

1. Primary Insurance
This insurance is primary except when 2.

Excess Insurance, below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in 3. Method of Sharing, below.

2. Excess Insurance
This insurance is excess over any of the other applicable insurance, whether primary, excess, contingent or on any other basis if:
a. No “retroactive date” is shown in the Declarations of this insurance; b. The “retroactive date” is the coverage inception date of “this policy”; or c. The other insurance has a policy period that continues after the “retroactive date.” When this insurance is excess, we will not defend the insured against any “suit” if any other insurer has a duty to defend the insured against that “suit.” We will, however, have the right to affiliate with any insurer that defends a “suit” that may be covered under “this policy” and the insured shall authorize any such insurer to cooperate with us and share any relevant information with us. If no other insurer defends, we may undertake to do so, but we will be entitled to the insured’s rights against all those other insurers.

When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
a. The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
b. The total of all deductible and self-insured amounts under all that other insurance.

We will share the remaining loss, if any, with any other insurance that is not described in this Excess 574
Copyright © Starr Surplus Lines Insurance Company. All rights reserved.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 8 of 13 ends

Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of “this policy.”

3. Method of Sharing
If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.

If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.

F. Representations
By accepting “this policy,” you agree and acknowledge that the statements and information contained in the “application” are true, accurate, and:
a. Provide a full and complete representation of the nature of the “professional services” performed by the insured;
b. Are the basis of “this policy” and are to be considered incorporated into and constitute a part of “this policy”; and
c. Shall be deemed material to the acceptance of this risk or the hazard assumed by us under “this policy.” G. Cancellation
The Named Insured may cancel “this policy” by returning the policy to us or our authorized representative. The Named Insured may also cancel “this policy” by written notice to us stating at what future date cancellation is to be effective. If the Named Insured cancels, earned premium shall be computed using the customary short rate table, subject to the Minimum Earned Premium stated in the Declarations, whichever is greater.

We may cancel “this policy” by written notice to the Named Insured, at the address last known to us. We will provide written notice at least thirty (30) days before cancellation is to be effective.

However, the Named Insured will only be entitled to ten (10) days prior notice if we cancel because:

1. the insured has failed to pay a premium when due; or

2. the insured has failed to pay applicable deductible amounts due.

If we cancel, earned premium will be computed pro-rata, unless we cancel for the reason specified in subsections

1. or 2.
, above, in which case earned premium will be computed using the customary short rate table, subject to the Minimum Earned Premium stated in the Declarations, whichever is greater.

The mailing of any notice of cancellation shall be sufficient proof of notice.

The “policy period” shall terminate upon the effective date of cancellation. Return of unearned premium is not a condition of cancellation. We will return unearned premium subject to the Minimum Earned Premium shown in the Declarations in due course.

H. Separation Of Insureds
Except with respect to the Limits of Insurance, the exclusions and any rights or duties specifically assigned in “this policy,” this insurance applies:

1. As if each Named Insured were the only Named Insured; and

2. Separately to each insured against whom “claim” is made or “suit” is brought.

I. Conformity to Law
In the event any portion of “this policy” shall be declared or deemed invalid or unenforceable under applicable law, such invalidity or unenforceability shall not affect the validity or enforceability of any other portion of “this policy.” J. Subrogation
In addition to any right of subrogation existing at law, in equity or otherwise, and in the event of any payment by us under “this policy,” we shall be subrogated to the extent of such payment to all of your rights of recovery. 575
Copyright © Starr Surplus Lines Insurance Company. All rights reserved.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 9 of 13 ends

You shall execute all papers required (including those documents necessary for us to bring suit or other form of proceeding) and do everything that may be necessary to pursue and secure such rights.

K. Assignment and Changes to the Policy
“This policy” and any and all rights hereunder are not assignable without our prior written consent.

Notice to any agent or knowledge possessed by any agent or person will not result in a waiver or change in any part of “this policy” or prevent us from asserting any right under the terms and conditions of “this policy.” The terms and conditions of “this policy” may only be waived or changed by written endorsement signed by us.

L. Headings
The titles and headings to the various parts, sections, subsections and endorsements of “this policy” are included solely for ease of reference and do not in any way limit, expand or otherwise affect the provisions of such parts, sections subsections or endorsements.

M. Concealment, Misrepresentation, Nondisclosure and Fraud Without prejudice to our other rights, howsoever arising, “this policy” is null and void in case of concealment, misrepresentation or non-disclosure by any insured, whether or not fraudulent, of a material fact concerning “this policy” or the procurement thereof, or if the insured reports any “claim” knowing such “claim” to be false or fraudulent.

N. Service of Suit
In the event of our failure to pay any amount claimed to be due hereunder, at your request we will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon Counsel, Legal Department, 399 Park Avenue, 8th floor, New York, NY 10022 or his or her representative, and that in any suit instituted against us upon “this policy,” we will abide by the final decision of such court or of any appellate court in the event of an appeal.

Further, pursuant to any statute of any state, territory, or district of the United States that makes provision therefore, we hereby designate the Superintendent, Commissioner or Director of Insurance, or other officer specified for that purpose in the statute, or his or her successor or successors in office as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on your behalf or any beneficiary hereunder arising out of “this policy” of insurance and hereby designate the above named Counsel as the person to whom the said officer is authorized to send such process or a true copy thereof.

O. Dispute Resolution
In the event of any disputes or differences that may arise under or in connection with “this policy,” whether arising before or after the termination of “this policy,” including any determination of the amount of “damages,” we and the insured agree to participate in a non-binding mediation process to resolve such disputes or differences. Either party shall have the right to commence a judicial proceeding or, if the parties agree, a binding arbitration proceeding to resolve such disputes or differences. However, such judicial or arbitration proceeding shall not be commenced until at least ninety (90) days after the date the non-binding mediation shall be deemed concluded or terminated.

Any binding arbitration proceeding commenced pursuant to this arbitration condition shall be submitted to the American Arbitration Association under or in accordance with its then-prevailing Commercial Arbitration Rules, in which the arbitration panel shall be composed of three disinterested individuals. In either mediation or arbitration, the mediator(s) or arbitrator(s) shall have knowledge of the legal, corporate management, or insurance issues relevant to the matters in dispute. Each party shall share equally the expenses of the non-binding mediation or non-binding arbitration.

P. Entire Agreement
By acceptance of “this policy,” all insureds agree that “this policy” embodies all agreements between them and us relating to “this policy.”
576
Copyright © Starr Surplus Lines Insurance Company. All rights reserved.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 10 of 13 ends

SECTION V - EXTENDED REPORTING PERIODS
A. If the insured does not renew or replace “this policy,” or if we cancel or refuse to renew “this policy” for reasons other than the insured’s:

1. nonpayment of premium or deductible;

2. noncompliance with the terms and conditions of “this policy”; or

3. fraud or material misrepresentation,
then upon the payment of an additional premium, the insured shall have the option to extend the period by hich a “claim” can be made against the insured and reported to us.

B. The insured’s right to purchase the Optional Extended Reporting Period must be exercised by written notice not later than thirty (30) days after the last day of the “policy period” of “this policy.” Effective notice must indicate the total Optional Extended Reporting Period desired and must include payment of premium for such period. If such notice and the premium are not mailed to us within such thirty (30) day period, then the insured shall not at a later date be entitled to purchase an Optional Extended Reporting Period.

C. The additional premium for the Optional Extended Reporting Period shall be:

1. 100% of the policy premium for a One (1) Year Optional Extended Reporting Period;

2. 160% of the policy premium for a Two (2) Year Optional Extended Reporting Period; or

3. 200% of the policy premium for a Three (3) Year Optional Extended Reporting Period.

For the purposes of determining the additional premium, the policy premium is the total amount of premium amount stated in the Declarations plus any additional premiums related to “this policy” earned during the “policy period.”
D. The purchase of an Optional Extended Reporting Period shall be endorsed herein.

E. The fact that the period during which “claims” can be made against the insured and reported to us is extended by virtue of the Optional Extended Reporting Period shall not in any way:

1. reinstate, increase or create new Limits of Insurance of “this policy”; or

2. alter or relieve the insured of any obligations to pay the applicable deductible for such “claims.” F. The insured’s purchase of the Optional Extended Reporting Period does not extend or alter the “policy period” in any way.

G. At the commencement of a purchased Optional Extended Reporting Period, the entire premium therefore shall be deemed fully earned, and in the event the insured terminates the Optional Extended Reporting Period before its term for any reason, we shall not be obligated to return to you any portion of the premium.

H. Any “claim” reported during a purchased Extended Reporting Period will be subject to all other terms and conditions of “this policy.”
I. If the first Named Insured is placed in liquidation, bankruptcy, or ceases operations and the Named Insured or its designated trustee elects not to purchase the Optional Extended Reporting Period coverage upon termination of “this policy,” we will offer an Optional Extended Reporting Period to any insured covered under “this policy” provided that the request is made to the company in writing and payment of the additional premium is made within thirty (30) days following the cancellation or non-renewal date.

SECTION VI - DEFINITIONS
The following definitions apply:

A. “Application” means all applications for insurance, including any attachments thereto, and all other information and materials submitted by, or on behalf of the insureds to us in connection with underwriting “this policy,” or any policy of which “this policy” is a direct or indirect renewal or replacement. The “application” consists of the totality of information submitted to us and considered while underwriting the risk and includes documents and other sources of information that may be specifically listed on a Disclosed Document or similar endorsement attached to “this policy.” No undocumented verbal or publically available information shall be considered part of the “application” unless acknowledged in writing by us.
577
Copyright © Starr Surplus Lines Insurance Company. All rights reserved.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 11 of 13 ends

If any material submitted to us as part of the “application” includes:

1. Any applications for insurance or other documents originally prepared by the insured for another party and containing any certifications, representations or any such statement by the insured, those statements shall be deemed as having been made to us as well for the purpose of the “application” for “this policy”;

2. Reports or other documents originally prepared by a third party that include statements restricting the report’s use to the insured, or any party other than us, we will be entitled to rely on the accuracy of the information contained in such reports as if no such restriction were included. Such restrictions shall not relieve the insured of any obligation to ensure information presented with the “application” is accurate at the time of submission.

No information shall be submitted with the “application” that the insured knows, or reasonable should know, to be false, misleading, no longer an accurate statement or materially incomplete at the time of submission.

B. “Auto” means:

1. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or

2. Any other vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged.

C. “Bodily injury” means:

1. Physical injury, sickness, disease or illness sustained by a person, including any associated medical monitoring costs resulting from any of these at any time;

2. Death resulting from such physical injury, sickness, disease or illness sustained by a person;

3. Mental anguish, shock, emotional distress or other mental injury, each when accompanied by physical injury, sickness disease or illness; and
Care necessitated by, or loss of services resulting from, the foregoing.

D. “Breach of professional duty” means negligence, defined as the failure to meet the professional standard of care legally required or reasonably expected under the circumstances in the performance or non-performance of “professional services” rendered to others for a fee by the insured that results in “damages” for which the insured is legally liable.

E. “Claim” or “Claims” means a written request or a written demand received by you for money or services, including the institution of “suit” or arbitration proceedings against you, seeking “damages.” F. “Cleanup costs” means any cost incurred for the investigation, evaluation, monitoring, testing, removal, containment, treatment, response, disposal, remediation, detoxification or neutralization of any pollutant. The cleanup shall be deemed to be complete upon receipt of a No Further Action Letter or similar letter or a clean closure determination from the supervising governmental authority or upon satisfaction of the requirements identified within the American Society of Testing and Materials’ Guide for Risk Based Corrective Actions.

G. “Coverage territory” means:

1. The United States of America (including Washington D.C.) and Puerto Rico;

2. All parts of the world if the insured’s responsibility to pay “damages” is determined in a “suit” on the merits, in the United States of America or in a settlement we agree to.

We make no representations concerning whether “this policy” complies with laws or requirements of foreign countries concerning insurance matters.

H. “Damages” means any amount that an insured is legally obligated to pay resulting from a “claim” including:

1. judgments and settlements;

2. interest on judgments;

3. compensation for “bodily injury” resulting from a “pollution incident”; and

4. compensation for “property damage” resulting from a “pollution incident.” “Damages” do not include:
578
Copyright © Starr Surplus Lines Insurance Company. All rights reserved.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 12 of 13 ends

1. The return or withdrawal of fees paid or owed to the insured;

2. Fee disputes of any kind;

3. Taxes;

4. Sanctions, fines or penalties imposed by law;

5. Matters that may be deemed uninsurable under the law pursuant to which “this policy” shall be construed;

6. Matters that may be deemed uninsurable under the laws or regulations applicable to us; or

7. “Liquidated Damages” except for liability the insured would have in the absence of such “liquidated damages.” I. “Employees” means:

1. past and present employees, and

2. temporary and leased staff working on your behalf and under direct supervision of you, while providing “professional services.”
J. “Executive officer” means a past or present person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document.

K. “Interrelated breaches” means all “breaches of professional duty” that have a common nexus of fact, circumstance, situation, event, transaction, cause or series of related facts, circumstances, situations, events, transactions or causes.

L. “Liquidated damages” means an amount stipulated in advance in a contract to be the amount or measure of financial liability to be recovered by a party to that contract if the other party breaches the agreement or fails to perform, or perform adequately, its obligations under the contract.

M. “Natural resource damage” means physical injury to, or destruction of, including the resulting loss of value of, land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the fishery conservation zone established in the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.)), any state or local government, any foreign government, any Native American tribe, or, if such resources are subject to a trust restriction on alienation, any member of an Indian tribe.

N. “Policy period” means the time period beginning on the Effective Date stated in the Declarations and lasting to the earlier of:

1. The date of policy expiration stated in the Declarations; or

2. The date of policy cancellation.

O. “
Pollution incident” means the discharge, dispersal, release, escape, migration, or seepage of any solid, liquid, gaseous, or thermal irritant or contaminant, including smoke, soot, vapors, fumes, odors, acids, alkalis, chemicals, hazardous substances, hazardous materials, or waste materials, on, in, into, or upon land and structures thereupon, the atmosphere, surface water, or groundwater that:

1. is caused by a “breach of professional duty”; and

2. results in “bodily injury” or “property damage.”
P. “Predecessor in interest” means any prior entity whose assets, partners, principals or shareholders have been acquired by the insured and whose name has been listed in the “application” and for whose insurance the insured is responsible by written agreement.

Q. “Professional services” means only those types of services listed in the Scheduled Professional Services endorsement to “this policy” that the insured or those working on its behalf are legally qualified to perform for third parties for a fee and that are related to your practice as an engineer, geologist, consultant or as specifically defined by endorsement to “this policy.”
“Professional services” does not include facilities operations, facilities maintenance operations or facilities activities.

R. “Property damage” means:

1. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall 579
Copyright © Starr Surplus Lines Insurance Company. All rights reserved.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 13 of 13 ends

be deemed to take place at the time of the physical injury that caused such loss of use;

2. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to take place at the time of the “pollution incident” that caused it;

3. “Natural Resource Damage”; and

4. “Cleanup Costs.”
S. “Retroactive date” means:

1. The date stated in the Declarations;

2. If “this policy” is a direct renewal of a prior policy, the coverage inception date of the first policy in the continuous and uninterrupted series of direct renewals; or

3. The coverage inception date of “this policy” if no retroactive date is stated in the Declarations.

T. “Suit” means a civil proceeding in which “damages” because of any “breach of professional duty” to which this insurance applies are alleged. “Suit” includes:

1. An arbitration proceeding in which such “damages” are claimed and to which the insured must submit or does submit with our consent; or

2. Any other alternative dispute resolution proceeding in which such “damages” are claimed and to which the insured submits with our consent.

U. “This policy” means:

1. This insurance policy titled: Professional Liability Coverage Form;

2. The Declarations attached herewith;

3. The “application”; and

4. Any modifications to the insurance policy attached herewith or subsequently issued in accordance with SECTION IV – CONDITIONS
, L. Assignment and Changes to the Policy.
580
Policy Number: BA-8M250481-23-42-G
**
**
**
581
582
**
583
10-*$:/6.#&3#".3(
584
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form WC 00 03 13 Printed in U.S.A.

Process Date: 03/31/23 Policy Expiration Date: 03/31/24

WAIVER OF OUR RIGHT TO RECOVER

FROM OTHERS ENDORSEMENT
Endorsement Number:Policy Number: 72 WEC AR3J9L
Effective Date: 03/31/23 Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address: Glenn Lukos Associates, Inc. 1940 E DEERE AVE STE 250
SANTA ANA CA 92705
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

SCHEDULE
Any person or organization for whom you are required by contract or agreement to obtain this waiver from us.

Endorsement is not applicable in KY, NH, NJ or for any MO construction risk 585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
01375.0001/937862.4 -1-

AMENDMENT TO THE AGREEMENT WITH

THE CITY OF MURRIETA AND CONSULTANT

Amendment No.: 1
Original Agreement Title (“Agreement”): Agreement with Rick Agreement Effective Date: 05/03/22
Agreement Termination Date: June 30, 2026
Consultant Name: RICK
Brief Description of Scope of Services (“Services”): Preparation of technical studies and environmental document.

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: None.

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:

Pursuant to Section 3.1, the Agreement is hereby extenbded to June 30, 2026.

Pursuant to Section 4.2, the Scope of Services is hereby amended to include preparation of technical studies and environmental documents (Initial Study).

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

630
01375.0001/937862.4 -2-

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:

Lori Stone, Mayor
ATTEST: Date:

Cristal McDonald, City Clerk
Date:

APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

Tiffany Israel, City Attorney
Date:

CONSULTANT:

By:

Name: Brooke Peterson
Title: Principal In Charge, Contract Manager,
Rick
Date:

By:
631
01375.0001/937862.4 -3-

Name:Click or tap here to enter text.

Title:Click or tap here to enter text.

Date:
632
ATT. 3 Exhibit (a)
Rick Engineering Scope of work
633
August 13, 2024
Mr. Jarrett Ramaiya
Director of Development Services
City of Murrieta
1 Town Square
Murrieta, California 562
SUBJECT: PROPOSAL FOR ENVIRONMENTAL, PLANNING, AND ENGINEERING SERVICES FOR LOS ALAMOS

PHASE II SOCCER PROJECT IN THE CITY OF MURRIETA, CA
(RICK PROPOSAL)
Dear Mr. Ramaiya
The Planning, Environmental, and Design Division of Rick Engineering (RICK) is pleased to submit this proposal to you to augment RICK’s existing contract with the City of Murrieta (City) to provide civil, traffic, water quality and CEQA documentation services for the Los Alamos Phase II Soccer Project in the City of Murrieta. RICK provides an experienced, full‐service environmental and design team that will work with the City to support and successfully carry the Project through the evaluation, research, and analysis required under the prescribed Criteria Refinement Analysis. Our RICK team will work closely with Glenn Lukos Associates (GLA) Biologists to develop background data and analysis in technical areas of stormwater, drainage, land use planning, and transportation. These conceptual design parameters will utilize professional level understanding and industry standards. These conceptual level studies will meet the requirements of the Criteria Refinement Analysis, which through (GLA) Biologist will lead to the development of an overall package to be submitted for a Joint Project Review (JPR), for obtaining Regional Conservation Authority (RCA) Findings and concurrence from the Wildlife Agencies.

A. Project Understanding:

The City of Murrieta (City) is proposing Phase II of the existing Los Alamos Hills Sports Park (Projects) on 47-acres in the City of Murrieta, California. The project includes seven additional sports fields and associated amenities in the undeveloped portion of the existing Los Alamos Hills Sports Park at 37000 Ruth Ellen Way. The City has an opportunity to provide Phase II of the park, which includes the following:
• Soccer Fields
• Restrooms and maintenance facilities
• Tot Lot
• Locker Room/Weight room
• Concessions and seating area
• Parking Lots
634
Mr. Jarrett Ramaiya
August 13, 2024

Page 2 of 12 ends

The Los Alamos Hills Sports Park is located adjacent to a main arterial. It provides direct access to the Project site via Whitewood Road which runs east-west to the north, and Hunter Road runs north-south to the west of the Project site. The Project site is bounded by single-family residences to the west and northwest. The remainder of the site is bounded by undeveloped land/designated conservation areas to the north and east and the existing park directly to the south. The Project site consists of a single unoccupied residence owned by the City that is currently used as a maintenance facility for the existing park.

The City is required to provide conceptual-level design plans that are of adequate professional and industry standards to address the requirements of the Criteria Refinement Analysis. Full design plans for the Los Alamos Sports Park will be prepared under a separate contract at a later date.

B. Environmental Understanding of Los Alamos Sports Park Complex Phase II As part of the Criteria Refinement overall program the City of Murrieta will need to address the environmental impacts identified by Harris & Associates and expand on the issues and concerns raised by the wildlife agencies.

The preparation of the environmental initial study prepared will be based on CEQA Section 15162. This CEQA approach allows for a project to tier from original CEQA documents. The initial study prepared for the proposed project will tier from the Final EIR for the Parks and Recreation Master Plan (99-078, SCH# 99062037) and Final EIR for the City of Murrieta General Plan 2035 (SCH#2010111084).

The project is part of the Los Alamos Master Plan which was approved in April 2000. The overall development included a high school, sports complex, active park, and open space areas on 254 acres. The Los Alamos Master Plan EIR was approved on April 18, 2000. The EIR determined that the project would result in significant impacts associated with air quality, biological, cultural, noise, paleontological, hazardous waste, water quality, traffic, and geotechnical resources.

We understand the project has been underway for a significant amount of time and that the sports complex plan that was evaluated in the 2000 Master Plan has been redesigned to avoid impacts to the sensitive biological resources located in the project area. The City has been working with its consultants to update previous biological studies prepared for the 2000 Master Plan EIR. A formal aquatic resources delineation was conducted in June 2021. The study identified aquatic and riparian resources potentially subject to the regulatory jurisdiction of the USACE, RWQCB, and CDFW, pursuant to Sections 404 and 401 of the Clean Water Act and Section 1602 of the California Fish and Game Code. These included an unnamed creek, non-vegetation channels and concrete channels. Associated aquatic and riparian vegetation communities within the project site include Coast live oak woodland, Southern willow scrub, and Vernal pools.

Our approach is to review and incorporate, the Harris and Associates existing technical reports prepared for the Project site, including the “Biological Resources Analysis Report and Jurisdictional Delineation (habitat evaluation and acquisition negotiation strategy [HANS] Report)”. This research will also address other specific-focused CEQA elements (air quality/GHG, traffic, biology, noise, lighting, and water quality) as required to provide site assessment evaluations.

The City will be processing a Western Riverside County Criteria Refinement application and a Determination of Biologically Equivalent or Superior Preservation (DBESP) document to address potential impacts to occupied habitat and riparian habitat including vernal pool resources.

Upon evaluation and clear understanding of the required Project impacts and technical support documents, the RICK team will confirm with the City our preferred approach of an Initial Study/Mitigated Negative Declaration (IS/MND) for the subject property in accordance with the California Environmental Quality Act (CEQA) because 635
Mr. Jarrett Ramaiya
August 13, 2024

Page 3 of 12 ends

the project may result in significant environmental impacts. Mitigation measures will be developed by the RICK team to mitigate impacts to a less than significant impact. The CEQA review will incorporate by reference the adopted EIR for the Los Alamos Master Plan. The IS/MND will include new information prepared to address the revised plan including biological resources and cultural resources reports prepared by Glen Lukos. RICK will prepare a conceptual grading map, and supplemental traffic access study conceptual drainage plan, to support the preparation of the IS/MND.

PROJECT TEAM
Key staff and resources proposed for this Project include Teresa Wilkinson, Director of Environmental Planning Services, Greg Mattson, Senior Planner, Ivan Holler, Senior Director, and Kristin Werksman, Associate Civil lead, and support staff from our internal technical departments. Ms. Wilkinson will serve as the environmental technical lead providing oversight and preparation of the CEQA document and coordination with the City and the team. Mr. Mattson will serve as assistant Project Manager with support from Sophia Johnson, Assistant Environmental Planner and with additional support from Kristin Werksman and other RICK staff in the preparation of environmental planning documents and conceptual design plans including traffic, water quality, drainage, and survey work. Our team also includes Bluescape Environmental and dBFA for Air Quality/GHG and Noise technical studies.

SCOPE OF WORK
RICK’s Environmental Team will prepare on outline, approaches, and strategies for the Project site with concurrence with City staff and GLA Associates on crafting of the appropriate CEQA-level document that will address the wildlife processing requirements. Below is our approach to this project.

TASK 1: CIVIL- CONCEPTUAL GRADING PLAN

RICK’s Civil Design team will prepare one (1) conceptual grading plan that will be submitted as a part of the Criteria Refinement Analysis package. The Conceptual Grading Plan will be prepared in accordance with the guidelines from the City of Murrieta and based on the Preliminary Site Plan provided by the City or City’s other consultant in CAD format. The plan will provide preliminary pad elevation, soccer field elevations, finished floor elevations of proposed structures, and preliminary finished grade elevations in roadways and parking areas. The plan will also include the location and nature of proposed retaining walls, storm drain, and water quality features, as required. Plan will include conceptual area drain layout and design. Scope assumes geot echnical recommendations and reports will be prepared by others and provided by Client prior to the production of the conceptual grading plan. Scope assumes two (2) rounds of minor revisions to the conceptual grading plan based on the initial grading analysis and review by the City. Scope also includes two (2) hours of coordination time for obtaining, reviewing, and adjusting the Preliminary Site Plan provided by others to the right coordinate system.

Preliminary Water and Sewer Layout
Consultant will prepare one (1) preliminary sewer and water layout for the project site based on the Preliminary Site Plan and the existing utilities adjacent to the project site in order to review potential conflicts with storm drain and/or grading. Layout will show preliminary potable waterlines and sewer for the project. Scope does not include any sewer study or water net analysis to size the waterlines.

Deliverables:
• Conceptual Grading Plan (electronic copy)
636
Mr. Jarrett Ramaiya
August 13, 2024

Page 4 of 12 ends

• Preliminary sewer and water layout
TASK 1.1: TOPOGRAPHIC SURVEY

• RICK will perform a topographic survey utilizing photogrammetric measurements of the 68 acres to locate visible utilities and planimetric features upon and within the immediate vicinity of the Subject Property.
• The aerial survey will include an orthometric photograph, and a surface with 1-foot contours. • Set aerial control at the 11 locations requested by photogrammetrist.

TASK 1.2; BOUNDARY SURVEY WORK

• RICK will research and obtain available record mapping and city ties, field bks and unrecorded surveys for the project parcels. Search for and field survey existing controlling centerline and boundary monumentation. Analyze field located monuments compared with the record mapping, unrecorded city land records and completing boundary survey analysis. Note that the use and reliance of existing monuments of record is required to complete this task. A preliminary title report will be obtained and reviewed to assess location of conservation easements. Easements disclosed by said report will be plotted on field boundary survey if locatable from record.

• Deliverable will be in a MicroStation format, California Coordinate System, NAD 83, (NSRS 2011), EPOCH 2010.00, County of Riverside , Zone 6.

TASK 2: TRAFFIC STUDY
RICK will prepare a traffic study to support the CEQA document. The report will consist of the following:

Data Collection

1. Obtain and review relevant project information (site plan, etc.) from Client.

2. Verify existing site data in terms of surrounding street system, sight distance constraints, parking and traffic control type at the project area intersections.

3. Conduct existing AM/PM peak hour turning movement counts at the following (4) four study intersections:

• Whitewood Road / Project Driveways (East)
• Whitewood Road / Project Driveway (West)
• Whitewood Road / Hunter Road
• Hunter Road / Northernmost Existing Park Driveway
• Los Alamos Road / Ruth Allen Way

637
Mr. Jarrett Ramaiya
August 13, 2024

Page 5 of 12 ends

4. Conduct existing 48-hour ADT counts at the following two (2) study area roadway segments:
• Whitewood Road: East of Hunter Road
• Ruth Ellen Road: North of Los Alamos Road
• Hunter Road: South of Whitewood Road

5. Conduct 7-day ADT counts at the 3 existing project access points along Hunter Road for the existing Los Alamos Hills Sports Park. An AM/PM weekday and weekend day intersection turning movement counts will also be conducted at these three access points. Data will be collected during typical sports park weekday and weekend operations.

6. Summarize the Los Alamos Hills Sports Park traffic count data to determine a site-specific traffic generation rate for both the weekday and weekends. These trip rates will be utilized for the proposed project.

Conduct Traffic Analysis

The following scenarios will be evaluated on a typical weekday and a weekend day:

- Existing
- Opening Year + Approved Projects
- Opening Year + Approved Projects + Proposed Project

The following describes the tasks for the traffic analysis for each of the scenarios:

1. Conduct an AM/PM peak hour intersection analysis at the project area intersections utilizing current Highway Capacity Manual (HCM) methodologies for signalized and unsignalized intersections and report intersection operations.

2. Conduct a roadway segment analysis at the study area roadway segments based on City of Murrieta circulation roadway classifications/capacities.

3. Make recommendations, if any, to improve operations or traffic/pedestrian risks improvements within the project area.

Access/Circulation Assessment

1. Qualitatively evaluate proposed site access locations and traffic control as it relates to internal circulation of the project site.

2. Make recommendations to the development’s key access locations based on the projected traffic volumes and anticipated roadway capacities. This includes any recommended turn lane storage lengths at warranted separate turn lanes.

638
Mr. Jarrett Ramaiya
August 13, 2024

Page 6 of 12 ends

Prepare Traffic Report

The traffic analysis report will include the required text, tables, exhibits and analysis calculations for the City’s review. A qualitative VMT discussion will also be included to address CEQA-related issues. Following one round of review comments from the City, RICK will prepare a final traffic report.

Deliverables:
• Draft and Final Traffic Report

TASK 3: CONCEPTUAL DRAINAGE & STORM WATER QUALITY REPORT In support of the CEQA study, prepare and submit to the City of Murrieta, one (1) Combined Conceptual Drainage & Water Quality Report to be used for the design of the on-site storm drain system and conveyance of flows through the site, to the downstream edge of the project. Included in the drainage portion of the study are major basin level on-site rational method hydrology for pre-project and post-project conditions, preliminary storm drain sizing (using normal depth methodology), drainage study maps (pre-project and post-project), and the report narrative. The drainage analysis will be performed in accordance with the Riverside County Flood Control and Water Conservation District’s (RCFCWCD) Hydrology Manual, dated April 1978. The criteria will be used to show pre-project and post-project values at a point of connection/discharge at the downstream edge of the project. If the post-project condition peak flow rates are determined to be higher than pre-project condition by an amount that is considered significant, detention analysis may be required and a separate scope and fee for the same can be provided at the time.

The water quality portion of the study will include conceptual BMP sizing including Source Control, Site Design and Structural Pollutant Control BMPs throughout the site as a result of the project in accordance with the 2018 Water Quality Management Plan for the Santa Margarita Region of Riverside County. This task includes calculation of on-site water quality treatment volumes in order to conceptually size structural pollutant control BMPs using the BMP sizing worksheets, selecting and sizing appropriate pollutant control BMPs based on the site layout, and a Water Quality exhibit showing the project site and location of permanent BMPs. At the conceptual level, empirical volume for hydromodification management shall be calculated and provided for the BMPs to address hydromodification management. This scope assumes conceptual sizing of up to ten (10) biofiltration BMPs. This scope does not include any continuous simulation hydromodification modeling or any offsite water quality analysis.

Deliverables:
• Combined Conceptual Drainage & Water Quality Report

639
Mr. Jarrett Ramaiya
August 13, 2024

Page 7 of 12 ends

TASK 4: CEQA TECHNICAL STUDIES

4.1 AIR QUALITY/GHG STUDY
RICK’s sub-consultant, Bluescape Environmental, will prepare an Air Quality and Greenhouse Gas (GHG) study to support the IS/MND. We understand that the IS/MND would tier from the Los Alamos Hills Master Plan Final EIR dated February 23, 2020. The City of Murietta is located within the jurisdiction of South Coast Air Quality Management District (SCAQMD), which regulates and establishes air quality and greenhouse gas thresholds of significance and methodology guidance under the CEQA).

BlueScape proposes to utilize the California Emissions Estimator Model (CalEEMod), Version 2022.1 to quantify emissions and compare against the appropriate South Coast Air Quality Management District (SCAQMD) CEQA air quality thresholds. Model output results will be provided in a brief combined air quality/GHG technical memorandum with tables. The tables will compare the estimated emissions modeling results to SCAQMD numerical mass daily significance thresholds for construction and operations, as well as SCAQMD localized significance thresholds (LSTs). The report will also include a brief description of existing air quality conditions.

Given that the site is greater than 5 acres, BlueScape anticipates that an LST dispersion modeling analysis may be necessary (i.e., the SCAQMD LST Guidance states that screening tables are not to be used for projects greater than five acres in size). This work scope does not include additional modeling effort, but instead assumes the LST tables for projects up to five acres can be used to support an LST compliance argument for purposes of an IS/MND.

BlueScape will provide a qualitative assessment of health risks due to the Project’s construction and operations, citing infrequent and short-duration diesel emissions associated with construction and very few diesel vehicles.

BlueScape assumes that a quantitative health risk assessment (HRA) will not be required. It is possible that the City may require more quantitative analysis, as the State of California’s Office of Environmental Health Hazards Assessment’s (OEHHA) 2015 HRA guidance states:
“Due to the uncertainty in assessing cancer risk from very short-term exposures, we do not recommend assessing cancer risk for projects lasting less than two months at the MEIR. We recommend that exposure from projects longer than 2 months, but less than 6 months be assumed to last 6 months (e.g., a 2-month project would be evaluated as if it lasted 6 months). Exposure from projects lasting more than 6 months should be evaluated for the duration of the project. In all cases, for assessing risk to residential receptors, the exposure should be assumed to start in the third trimester to allow for the use of the ASFs (OEHHA, 2009).”
Based on the limited information provided thus far, the Project does not appear to be the type of land use that typically results in higher truck traffic and idling; thereby, the likelihood of scrutiny by lead agencies and/or the public is lessened.

Because onsite diesel particulate matter (DPM) emissions associated with Project construction will be of short duration and magnitude, BlueScape has not included a construction health risk assessment (HRA). If an HRA proves necessary, BlueScape can provide a separate scope of work.

Greenhouse Gas
BlueScape proposes to perform a greenhouse gas (GHG) study for construction and operation of the proposed Project. Results of the GHG study would be included as part of the Air Quality/GHG technical memorandum. 640
Mr. Jarrett Ramaiya
August 13, 2024

Page 8 of 12 ends

BlueScape anticipates the need to show the Project’s consistency with the draft SCAQMD numerical GHG thresholds and the City of Murrieta’s Climate Action Plan. The analysis will include a review and discussion of the Project’s consistency with additional plans for the purpose of reducing GHG emissions, such as the California Air Resources Board’s 2022 Scoping Plan for Achieving Carbon Neutrality (2022 Scoping Plan) and Southern California Association of Governments 2020–2045 Regional Transportation Plan/Sustainable Communities Strategy (2020–2045 RTP/SCS / Connect SoCal).

4.2 NOISE TECHNICAL STUDY
RICK’s sub-consultant, dBF Associates (dBFA) will prepare a noise technical report to support the IS/MND. It will consist of the following tasks:

Construction & Operational Noise Analysis

Applicable significance criteria will be identified. A site reconnaissance will be conducted to understand the acoustical characteristics of the project site and surrounding area. The ambient noise environment will be quantified based on sound level measurements at up to nine locations at or near the project property lines, residential uses, and/or noise-sensitive areas.

The analysis will address project construction noise The site configuration will be imported from the project CAD files into the Cadna/A noise prediction model, which will be used to estimate construction noise levels.

Construction noise estimates will be based on the duration of construction activities, type and number of equipment pieces used, and proximity to construction areas.

Unmitigated noise levels in occupied noise-sensitive habitat will be predicted for up to three phases of construction expected to generate the highest noise levels. For habitat that would be exposed to noise levels greater than 60 dBA Leq, attenuation measures to reduce construction noise levels to 60 dBA Leq or below will be recommended in the report. Noise barriers, equipment substitutions, equipment placement changes, time restrictions, and/or constraints on simultaneous use of equipment will be considered as appropriate. Predicted construction noise levels at residential receptor locations will be compared to applicable City noise level limits.

Feasible noise abatement measures based on acoustical calculations will be recommended as necessary.

Operational noise levels will be estimated in the report. Source sound levels for soccer field use will be obtained by the team from measurements during soccer games at a similar local facility. Specific recommendations to mitigate noise levels to below the level of significance at property lines will be provided in the report as necessary.

Prepare Noise Report
The methodology and results of the noise impact assessment will be submitted electronically in a draft noise technical report; four copies of the final report will be provided upon request. Comments resulting from one screen-check review of the draft technical report by the City will be addressed. It is assumed that the comments will be minor and not require additional acoustical calculations or sound level measurements.

641
Mr. Jarrett Ramaiya
August 13, 2024

Page 9 of 12 ends

TASK 5: ENVIRONMENTAL- CEQA STUDY
TASK 5.1 PREPARE ADMINISTRATIVE DRAFT IS/MND
RICK ‘s Environmental Team will coordinate a series of site visits (if required) for key personnel to the Los Alamos Project site. Our team will conduct a detailed site visit, and observations, and provide a photographic inventory of the site and the surrounding area to document existing conditions. RICK will prepare a sufficiently detailed project description (PD) for use in the Initial Study, which will describe the basic characteristics of the project, including location, need for the project, project objectives, technical and environmental characteristics, project size, and project construction. RICK will prepare an Administrative Draft Initial Study that will include the project description, CEQA environmental checklist, mandatory findings, and a determination that a Mitigated Negative Declaration will be the appropriate CEQA document for the project.

In preparing the checklist, RICK will respond to the checklist questions for the various impact topics and add concise explanatory comments related to each question under each topic. The explanatory comments will identify any potentially significant impacts and mitigation measures that would reduce impacts to less-than- significant levels.

A brief discussion and analysis will be prepared for each topic addressed in the Initial Study. Specific tasks for the identified key issues are discussed below.
• Aesthetics. The Project site will alter the visual character of the proposed site by creating additional urban views of new recreational areas, parking areas, and associated structures. Visual impacts would be long-term land use alterations, however, would be temporary in nature, while associated construction activities are underway for the proposed soccer fields and associated structures. Upon the full buildout of the sports fields, the Sports Park Phase II would blend in with Phase I and offer the coordinated appearance of a major sports complex. RICK will review the previous EIR analysis and update the qualitative visual analysis for construction-related impacts and post-construction impacts associated with habitat/vegetation disturbance that may occur with the project. This scope does not assume the preparation of visual simulations.

• Air Quality/GHG. Findings from the Project’s Air Quality/GHG analysis will be summarized in the IS/MND.

• Agricultural Resources. Findings from the approved EIR will be incorporated by reference to assess agricultural resources.

• Biological Resources. Current information provided in the Biological Resources Report prepared by others will be used to complete the IS/MND and address any permanent direct, indirect, and temporary impacts to sensitive species, habitats, or jurisdictional waters/wetlands. • Cultural Resources. Findings from the approved EIR will be incorporated by reference to assess cultural resource impacts. New information provided for historical resources provided by Glen Lukos will be used to complete the IS/MND document.
• Geology and Seismicity. RICK will explain the geologic and seismic context of the Riverside region, surrounding environs, and project site, based on findings from the approved EIR. No new project- specific geotechnical and soil reports are assumed for the project.

642
Mr. Jarrett Ramaiya
August 13, 2024

Page 10 of 12 ends

• Hazardous Materials. Findings from the approved EIR will be incorporated by reference and updated as needed. This includes a search of all environmental databases for known hazardous release sites in the immediate area will be included in the analysis. These include Envirostor and Geotracker, as published by the Department of Toxic Substances Control. RICK will summarize any potential concerns with respect to any potential sites in the vicinity based on information available in the databases.

• Hydrology and Water Quality. RICK will use project-specific drainage and water quality reports to complete the IS checklist.

• Land Use and Planning. Findings from the approved EIR will be incorporated by reference to address land use. RICK will update the existing land uses at the site and in the vicinity and describe future land use designations for the vicinity included in the applicable Community Plan and/or General Plan. In addition, RICK will assess whether the proposed project will conflict with existing land uses, as well as whether the project would physically divide an existing community.

• Noise. Findings from the approved EIR will be incorporated by reference to address noise impacts.

Land use compatibility requirements of the applicable General Plan will be documented in the noise discussion. Other key issues will be the identification of noise-sensitive land uses or activities and the roads that would receive construction and operational traffic. The temporary impacts of construction noise on adjacent noise-sensitive land uses will also be qualitatively described.

Construction-related mitigation measures will be identified, as appropriate.

• Transportation. RICK will incorporate the results from RICK’s access study to describe how the proposed construction of the access roads and operations at the sports complex may affect existing access/egress points along adjacent roadways. Short-term construction-related impacts to traffic and local circulation will be addressed in the IS/MND.

• Lighting. RICK will incorporate the recommendations of the lighting consultant (City to hire) to identify impacts related to installation, operations, lighting focus, shielding, etc., and potential mitigation measures to reduce the potential impact to less than significant. Our analysis will consider the surrounding residential neighborhoods and the proposed adjacent open-space conservation areas.

• Other Issues. In general, other issues are anticipated to be fully analyzed in the IS/MND. All such issues will be discussed in sufficient detail to credibly demonstrate their lack of significance under CEQA, assuming this finding can be made. It appears unlikely that the proposed project will not result in any noticeable changes to mineral resources, public services, utilities, and service systems, or other environmental issues. All of these, however, will be addressed in the IS/MND.

TASK 5.2 PREPARE SCREENCHECK AND PUBLIC DRAFT IS/MND
RICK will make revisions or corrections to the Administrative Draft and provide the City with a screen- check version (PDF and Word files) of the Draft IS/MND and technical studies. A minimum of two screen check reviews of the IS/MND is assumed prior to the preparation of the Draft IS/MND document. It is assumed that the City will perform the distribution of the Draft IS/MND to all responsible agencies. RICK will prepare the Notice of Intent (NOI) and Notice of Availability (NOA). 643
Mr. Jarrett Ramaiya
August 13, 2024

Page 11 of 12 ends

TASK 5.2.1 DELIVERABLES
RICK will provide the following CEQA document deliverables:

1. RICK will provide electronic copies of the Draft IS/MND and appendices to the City for its use, including Appendices, in Adobe PDF format.

2. RICK will prepare and file a Notice of Intent (NOI) per State CEDQ Section 15072 along with the statutorily required number of copies of the Draft IS/MND with the State Clearinghouse. It is anticipated that this submission would include digital versions of the document. Rick will prepare and send out a Notice of Availability (NOA) to review the Draft IS/MND to a mailing list compiled with the help of City staff. City will pay any applicable fees (e.g., newspaper legal ad, Riverside County Clerk, etc.).

TASK 5.3 PREPARE RESPONSE TO COMMENTS
Following the review of the Public Draft IS/MND, the RICK team and the City will review and discuss the comments received and establish the appropriate approach and distribution of responsibility for preparing specific responses to comments. RICK will produce a response to the comments document for one round of review and comment by the City, after which the document will be finalized. This scope of work assumes RICK will prepare responses to no more than 25 substantive public comments on the Draft IS/MND. This scope assumes RICK will prepare one (1) screen check version and one final version of the Response to Comments.

TASK 5.4 PREPARE FINAL IS/MND AND MITIGATION MONITORING AND REPORTING PROGRAM Upon completion of the response to the comments document, RICK will prepare the Final IS/MND, incorporating any text edits or revisions to the Public Draft IS/MND. RICK will prepare a Mitigation Monitoring and Reporting Program (MMRP) in compliance with Public Resources Code Section 21081.6, CEQA Guidelines Section 15097 for inclusion as an appendix to the Final IS/MND. For any significant impact identified in the Final IS/MND, the MMRP will be a matrix and describe the required mitigation and the responsible parties, tasks, and schedule for monitoring mitigation compliance, including a distinction of applicable phase, if necessary. RICK will provide an electronic screen check copy of the MMRP for City review. One round of review will be incorporated for the MMRP.

The City will conduct all public notices, prepare the Notice of Determination (NOD), distribute the Final MND, and be responsible for filing the NOD at the County Clerk within five days after the adoption of the Final MND. The City will pay the County Clerk and any other regulatory agency CEQA filing fees (if applicable).

TASK 5.4.1 DELIVERABLES:

1. RICK assumes one (1) screen check review prior to receiving City approval to prepare the Final IS/MND document RICK will provide electronic copies of the screen check.

2. RICK will provide electronic copies of the Final IS/MND to the City for its use, (including Appendices in Adobe PDF format).

644
Mr. Jarrett Ramaiya
August 13, 2024

Page 12 of 12 ends

TASK 5.5 CEQA MEETINGS/STAKEHOLDER MEETINGS
RICK’s Environmental Project Manager will attend up to six (6) project team meetings and one (1) agency/stakeholder meetings, assumed to be two hours each including preparation and travel.

TASK 6.0 PROJECT MANAGEMENT
RICK environmental team will provide general services as the project undergoes environmental processing. Management tasks will consist of formal and informal communication with the City and the project team. Teresa will be providing overall project management including managing internal staff time, overseeing preparation and review of all work products, ensuring quality control, tracking and adhering to the project schedule and budget, and coordination with the client as well as City staff and other sub- consultants. Ivan Holler, Senior Director, will be available for strategic planning and Senior QA/QC support.

Teresa Wilkinson will be supported by Greg Mattson, Senior Planner and Kristin Werksman, Associate Civil Engineer as well as other staff. They will participate in progress meetings with the Project Team as necessary throughout the process to discuss project issues, and preparation of products, determine the next steps, and address any anticipated potential challenges in advance. Teresa will also facilitate monthly progress conference calls to provide consistent project progress updates and communication to avoid project issues to the extent possible. Teresa will also coordinate monthly invoices.

FEE
RICK will perform the services listed above for environmental planning and design services– for $297,060 as shown in the attached cost estimate (Appendix A). Labor fees will be billed according to our current Schedule of Hourly Rates (Appendix B) with a labor budget not to exceed the amounts indicated without additional authorization. The Client will be billed monthly for each item as the work progresses and the net amount shall be due within thirty (30) days from the date of receipt of the invoice in the Client’s office.

ASSUMPTIONS
Not included in either the above scope of work or fees are services that may be necessary for the following items:

1. Additional rounds of City staff comments. This scope and fee assume three cycles of review and City staff comment. If additional rounds of review preparation and submittal are required, an augment to this scope and fee would be required.

2. The Client will provide access to the site, electronic base map files (CAD, GIS, etc.), and all applicable reports and maps (in an editable electronic format) prepared previously.

3. RICK may contact the Client’s other consultants who prepared technical studies for the project to ask questions and obtain additional information, as necessary. Any required additions or revisions to these consultants’ reports are not included within the Scope of Services required of RICK in this proposal.

4. It is assumed that RICK will not be responsible for printing hard copies of the technical appendices that were prepared by other consultants; these are assumed 645
Mr. Jarrett Ramaiya
August 13, 2024

Page 13 of 12 ends

to be printed by the preparers of those technical studies when requested by the City. These technical study preparers will also provide RICK with a .pdf version of their reports for incorporation into the required CD packages.

5. Technical studies, focused BUOW surveys, construction monitoring, permit applications/processing, and reports not identified in this scope (“additional work”) are not included within the scope of services required of RICK under this proposal.

6. RICK has made our best assumptions based on experience and current understanding of the project. Should any of the assumptions listed in the scope of services prove incorrect, an amendment to the scope of services and cost estimate may be required.

7. Once preparation of the technical studies and/or IS has begun, no changes to the project design will occur such that substantive revisions to the project description or report graphics, or re‐analysis of any environmental issue will be required. If changes to the site plan occur during the preparation of the technical analyses, a contract augment may be required.

8. The project applicant is responsible for payment of permit fees and CEQA processing fees to the City and other agencies.

9. The traffic study excludes a safety assessment.

10. The civil design scope excludes final engineering design, geotechnical engineering, and structural engineering.

11. SWPPP / Construction General Permit – Not anticipated to be required at conceptual level.

12. The drainage plan excludes off-site drainage and stormwater quality design/analysis; HMP continuous simulation modeling, and detention analysis.

646
Mr. Jarrett Ramaiya
August 13, 2024

Page 14 of 12 ends

If notice is delayed for any reason beyond sixty (60) days, it is understood by the parties that the terms and conditions contained herein are subject to revision.

If you would like us to proceed on this work as outlined above, we ask that you please sign and return this agreement as our written authorization.

Upon signature by Client, this proposal become the agreement for services and the notice to proceed.

For any questions concerning this agreement, please contact me directly at 619-688.1471. Thank you for requesting Rick to provide these services.

Sincerely,
RICK
__________________________
Teresa TG Wilkinson
Director of Envi ronmental Pl anning
TW/GM/rh/C:\RICK\Departments\Environmental\SD\Admin\Agreements Attachments:

A-Cost Estimate
APPROVED BY:

CITY OF MURRIETA
_______________________________
Signature Date
647
Attachment A- Cost Estimate
City of Murrieta_ Los Alamos Phase II Soccer Field - August 13, 2024

RICK PLANNING AND DESIGN

PLANNING, DESIGN, ECONOMICS, OUTREACH CIVIL ENGINEERING TRANSPORTATION & MOBILITY WATER QUALITY Ivan Holler Teresa
Wilkinson Greg Mattson Sophia
Johnson Joey Turi Rhonda
Henry
Kristin
Werksman Emily Snipes Sam
Schuchardt Mark Jugar David Mizell Shavger Rekani Ash Paranthaman Billy Augustine Role:

Senior Director
Director of
Environmental
Planning
Assistant Project
Manager
Assistant
Environmental
Planner
GIS Analyst Admin
Assistant Associate Associate Project
Manager
Associate Design
Engineer Traffic Engineer Traffic Planner Assistant Traffic Designer Associate Assistant Project
Engineer
Associate Water
Resources Designer
Task Description Hourly Rate: $245 $245 $180 $125 $125 $85 $250 $205 $170 $240 $205 $135 $250 $190 $150 1 CIVIL ENGINEERING

1.1 Prepare Conceptual Grading Plan 20 60 232 312 $56,740 $0 $56,740

1.2 Prepare Conceptual Sewer and Water Layout 2 8 20 30 $5,540 $0 $5,540 $5,540 $62,280
2 TRAFFIC STUDY

2.1 Data Collection 1 3 6 10 $1,665 $0 $1,665

2.2 Conduct Traffic Analysis 2 25 12 39 $7,225 $7,225

2.3 Access/Circulation Assessment 1 6 7 $1,470 $1,470

2.4 Prepare Traffic Report 4 18 18 40 $7,080 $7,080
96 $17,440 $17,440
3 WATER QUALITY/STORMWATER

3.1 Prepare Draft Drainage and Stormwater Quality Report 5 20 120 145 $23,050 $0 $23,050

3.2 Prepare Final Drainage and Stormwater Quality Report 3 5 15 23 $3,950 $0 $3,950 168 $27,000 $27,000
4 CEQA TECHNICAL STUDIES

4.1 AQ/GHG Report 0 $0 10,500.00$ $10,500 $10,500

4.2 Noise Report 0 $0 13,900.00$ $13,900 $13,900
0 $0 $24,400
5 Environmental CEQA STUDY

5.1 Prepare Administrative Draft IS/MND 24 6 160 8 8 206 $28,640 $0 $28,640

5.2 Prepare Screencheck and Public Draft IS/MND 24 6 160 8 4 202 $28,300 $0 $28,300

5.3 Prepare Responses to Comments 16 3 24 2 45 $7,630 $0 $7,630

5.4 Prepare Final IS/MND and MMRP 16 4 40 2 62 $9,890 $0 $9,890

5.5 CEQA Meetings/Stakeholder Meetings 16 8 24 48 $8,360 $0 $8,360 563 $82,820 $82,820
6 Project Management

6.1 City Staff Preparation Meetings 6 6 6 6 6 8 44 $7,910 $0 $7,910

6.2 Scheduling/Invoice 24 8 8 40 $9,320 $0 $9,320

6.3 QA/QC 24 16 8 16 64 $15,240 $0 $15,240
148 $32,470 $32,470
Labor Hours Total 30 142 49 414 18 14 52 76 252 8 52 36 8 25 135 1,311 Labor Dollars Total $7,350 $34,790 $8,820 $51,750 $2,250 $1,190 $13,000 $15,580 $42,840 $1,920 $10,660 $4,860 $2,000 $4,750 $20,250 $222,010 $0 $0 $24,400 $246,410

REIMBURSABLE EXPENSES
Subconsultants Reimbursable Expenses
RICK Reimbursable Expenses $4,000
Topographic Survey $19,480
Boundary Limits Survey $20,670
Parking/Traffic Counts $6,500
GRAND TOTAL $297,060
Task 6 Subtotal
Task 3 Subtotal
Task 4 Subtotal
Task 5 Subtotal
Task 2 Subtotal
RICK
Hours
Task 1 Subtotal
RICK
Labor Total Total Task Budget
Subconsultant
Labor Total

SUBCONSULTANTS
dBFABLUESCAPE

ENVIRONMENTAL
648
ATT. 3 Exhibit (b)
Rick Engineering Insurance
649

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
12/26/2023
Cavignac
451 A Street, Suite 1800
San Diego CA 92101
Certificate Department
619-744-0574
619-234-8601
[email protected]
Valley Forge Insurance Company
20508
RICKENG-01
Continental Casualty Co.
20443
Rick Engineering Company
5620 Friars Road
San Diego, CA 92110
Continental Insurance Company
35289
Amer Cas. Co of Reading, PA
20427
XL Specialty Company
37885
387416217
A
X
2,000,000
X
1,000,000
15,000
X
Separation of In
2,000,000
4,000,000
X
X
X
6076046485
1/1/2024
1/1/2025
4,000,000
Deductible
0 B
1,000,000
X
X
X
6076046499
1/1/2024
1/1/2025
C
X
X
9,000,000
6076046504
1/1/2024
1/1/2025
9,000,000
X
0 D
X
WC 6 76046521
1/1/2024
1/1/2025
1,000,000
1,000,000
1,000,000
E
A
A
Professional Liability
Business Personal Property
Building
DPR5016700
6076046485
6076046485
8/15/2023
1/1/2024
1/1/2024
8/15/2024
1/1/2025
1/1/2025
Ea Claim & Aggreg
Limit
Limit
$5M/$10M
$4,526,495
$13,805,223
For Informational Purposes Only.

Specimen Certificate
650
651
652
653
654
655
656
657
658
659
660
661
662
Los Alamos Sports Park
Soccer Project
09/03/24
Received After Agenda Printed 9/03/2024 - Regular Meeting DISCUSSION
Presentation - Item No. 16
663
Whitewood
Road
Vista Murrieta
High School
Los Alamos
Sports Park
Phase II
2 664
Currently used
by CSD staff
3 665
4 666
Land use: Maintenance (green waste), open space
Hydrology: Santa Margarita Watershed (De Luz
Hydrologic Area) and one unnamed creek
Vegetation communities:

Environmental Setting

1. Vernal pools

2. Non-vegetated channel

3. Mulefat scrub

4. Southern willow scrub

5. Tamarisk scrub

6. Riversidean sage scrub

7. Disturbed alluvial scrub

8. Chaparral

9. Coast live oak woodland

10. Non-native grassland
5667

1. Least Bell’s Vireo

2. Southwestern Willow Flycatcher

3. Vernal Pool Branchiopods (fairy shrimp)
• 2019–2020 wet season
• 2021–2022 wet season
• 2022 dry season

4. Coastal California Gnatcatcher

5. Western Burrowing Owl

6. Stephens’ Kangaroo Rat

7. Crotches Bumblebee 2024

(candidate for California Endangered Species Act (CESA)) Sensitive Species Surveys
6 668
7 Next Steps
669
The City will need to work with RCA and the Agencies for the environmental permits: Criteria Refinement, Incidental Take Permit (ITP), Section 401/CWA, and Section 1602/CDFW permits are required).
8670
The City will need the assistance of two consulting firm:
9 671
Recommendation

1.Approve an Amendment to the Agreement with Glenn Luk os Associates, Inc.; and

2.Approve an Amendment to the Agreement with RICK; and

3.Authorize the City Manager to execute both Amendments. 10 672

CITY OF MURRIETA
City Council Meeting Agenda
Report
9/3/2024
Agenda Item No. 17.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Diego Chavez, Administrative Services Director
SUBJECT:

Approving a Tentative Agreement for a Successor Memorandum of Understanding between the City of Murrieta and the Murrieta General Employees’ Association for the Period July 1, 2024 through June 30, 2027

RECOMMENDATION
Adopt Resolution No. 24-4783, entitled: A Resolution of the City Council of the City of Murrieta, California, Approving a Tentative Agreement for a Successor Memorandum of Understanding between the City of Murrieta and the Murrieta General Employees’ Association for the Period July 1, 2024 Through June 30, 2027.

PRIOR ACTION/VOTE
On September 19, 2023, the City Council adopted Resolution No. 23-4704, approving, adopting, and implementing a successor Memorandum of Understanding between the City of Murrieta and the Murrieta General Employees’ Association for the period July 1, 2022, through June 30, 2024 (Vote: 4-0-1).

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

BACKGROUND
Through the process of collective bargaining, the City of Murrieta (City) periodically negotiates with the respective employee organizations for the purpose of establishing and/or updating compensation, benefits, and other terms and conditions of employment for their represented employees, including tentative agreements for successor Memoranda of Understanding (MOU) affecting compensation and benefits. All such agreements must be voted on and passed by a majority of each affected employee organization’s membership, known as ratification, and subsequently approved by the City Council before becoming effective.

Once approved by the City Council, the terms of tentative agreements for successor MOUs are immediately effective but also then memorialized in the successor MOU or through MOU amendments and brought back to City Council for final approval.

The MOU between the City and the Murrieta General Employees’Association (MGEA or Association), adopted by City Council Resolution No. 23-4704 covering the period July 1, 2022, through June 30, 2024 (MGEA MOU 2022-24) expired June 30, 2024. MGEA currently represents 146 non-sworn City employees, including 47 CITY OF MURRIETA Printed on 8/29/2024Page 1 of 3
powered by Legistar™
673
9/3/2024
Agenda Item No. 17.
2022-24) expired June 30, 2024. MGEA currently represents 146 non-sworn City employees, including 47 different classifications across the organization.

The labor representatives of the City and MGEA commenced labor negotiations for a successor MOU with their first meeting on March 19, 2024. The labor representatives met again on April 9, 2024; April 23, 2024; May 8, 2024; May 28, 2024; June 11, 2024; June 20, 2024; July 1, 2024; and July 23, 2024. The labor representatives of the City and MGEA have met and conferred in good faith and have come to a ratified Tentative Agreement on a fair and equitable package of compensation and benefits for a successor MGEA MOU covering the period July 1, 2024, through June 30, 2027, pursuant to the Meyers-Milias-Brown Act (MMBA) (Government Code sections 3500-3511) and the City's Employer-Employee Relations Resolution No. 93-214.

The members of the Association have voted to ratify the Tentative Agreement, and the labor representatives of the City and the MGEA have executed the Tentative Agreement subject to City Council final approval. Staff has prepared a Resolution (Attachment 1) for City Council to consider approving the executed Tentative Agreement for a successor MGEA MOU for the period July 1, 2024, through June 30, 2027.

As negotiated, the proposed Tentative Agreement for a successor MOU includes the following significant compensation and benefits terms:
· Four percent (4%) base salary Cost of Living Adjustment (COLA), effective the first pay period after City Council approval of the Tentative Agreement.
· An additional one percent (1%) base salary equity adjustment for the Public Safety Dispatcher I and II classifications, equaling 5% total, not to be compounded, effective the first pay period after City Council approval of the Tentative Agreement.
· An additional five percent (5%) base salary equity adjustment for the Building Inspector I classification, equaling 9% total, not to be compounded, effective the first pay period after City Council approval of the Tentative Agreement.
· Effective the first full pay period in Fiscal Year (FY) 2025/26, a COLA increase in base salary equivalent to the lesser of either four percent (4%) or the percentage change of the 2024 Annual Consumer Price Index (CPI). If the CPI percentage change is negative, then the COLA shall be zero percent (0%). · Effective the first pay period in FY 2026/27, a COLA increase in base salary equivalent to the lesser of either the percentage change of the 2025 Annual CPI, or the percentage change, year-over-year between audited fiscal years 2023/24 and 2024/25, in Recurring Revenue of the City’s primary Operating Funds, but not to be less than two (2%) nor exceed four percent (4%). If the CPI-U percentage change is negative or the change in Recurring Revenue is below zero percent (0%), then the COLA shall still be two percent (2%).
· Increase uniform allowance from $600 to $1,000 for the Code Enforcement Officers and Police Community Services Officers. All other classifications receiving a uniform allowance remain unchanged.
· Increase the work boot reimbursement amount from $250 to $300 and add the Police Community Services Officers and Senior Public Works Inspectors to the list of covered classifications. · Public Safety Dispatchers shall receive $75 per month if they prove possession of an intermediate P.O.S.T. certificate and $150 per month if they prove possession of an advanced P.O.S.T. certificate.

These are an either/or non-stackable benefit.
· The New Year’s Eve Day holiday shall be increased from a half-day to a full-day holiday. · Increase the health allowance amount from $1,647.83 to $1,747.83 effective the first full pay period CITY OF MURRIETA Printed on 8/29/2024Page 2 of 3
powered by Legistar™
674
9/3/2024
Agenda Item No. 17.
· Increase the health allowance amount from $1,647.83 to $1,747.83 effective the first full pay period after City Council approval of the Tentative Agreement. Effective January 1, 2025, the monthly health allowance amount will increase from $1,747.83 to $1,891.283. There is no change to the current annual adjustment language (50% of the lowest-cost family HMO premium increase for 2025, 2026, and 2027).
· Increase the City’s deferred compensation plan matching amount from $1,600 to $2,000 per year. · Increase the maximum Annual Leave cash-out amount from 40 to 80 hours twice per year.

A Fully executed copy of the Tentative Agreement is attached to Resolution No. 24-4783 as Exhibit A.

FISCAL IMPACT
The projected fiscal impact of implementing the MGEA MOU for the period July 1, 2024, through June 30, 2027, is $5,144,212. This includes vacant positions authorized in the current budget. A budget adjustment for FY 2024/25 was included in the FY 2024/25 Budget Update approved by the City Council on August 20, 2024.

The fiscal impact for FY 2025/26 and 2026/27 will be included in the next proposed biennial budget.

FY 2024/25 $885,934
FY 2025/26 $1,797,511
FY 2026/27 $2,460,767
Total $5,144,211

ATTACHMENTS

1. Resolution No. 24-4783
CITY OF MURRIETA Printed on 8/29/2024Page 3 of 3
powered by Legistar™
675
1 RESOLUTION NO. 24-4783

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

CALIFORNIA, APPROVING A TENTATIVE AGREEMENT FOR A SUCCESSOR

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MURRIETA AND THE MURRIETA GENERAL EMPLOYEES’ ASSOCIATION FOR THE PERIOD JULY 1, 2024 THROUGH JUNE 30, 2027

WHEREAS, the City of Murrieta (“City”) endeavors to recruit and retain the most qualified and talented employees to serve its citizens; and

WHEREAS, the compensation and benefits offered by the City to its employees are designed to aid in the City’s employee recruitment and retention efforts; and

WHEREAS, Section 36506 of the California Government Code requires that the C ity Council of the City fix the compensation of all appointive officers and employees by resolution or ordinance; and

WHEREAS, the Memorandum of Understanding (“MOU”) between the City and the Murrieta General Employees’ Association (“MGEA”), adopted by City Council Resolution No. 23-4704, covering the period July 1, 2022 through June 30, 2024 (“MGEA MOU 20 22-24”) expired June 30, 2024; and

WHEREAS, the City and MGEA have met and conferred in good faith and have prepared a written Tentative Agreement on a fair and equitable package of compensation and benefits for a successor MGEA MOU for the period July 1, 2024 through June 30, 2027 (“MGEA MOU 2024- 27”) subject to MGEA ratification and City Council approval , pursuant to the Meyers -Milias- Brown Act (“MMBA”) (Government Code sections 3500- 3511) and the City's Employer - Employee Relations Resolution No. 93-214; and

WHEREAS, the members of the MGEA have voted to ratify the Tentative Agreement and the labor representatives of the City and the MGEA have executed the Tentative Agreement, which is still subject to City Council approval; and

WHEREAS, the MMBA provides in Section 3505.1:

“If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding."

676
2 WHEREAS, once the City Council adopts the Tentative Agreement for the MGEA MOU 2024-27, the parties are required to jointly prepare a written MOU to present to the City Council at a later date for consideration, adoption, and implementation consistent with the Tentative Agreement; and

WHEREAS, once approved by the City Council, the Tentative Agreement and the successor MGEA MOU 2024-27 become binding agreement s between the parties, each in their own right; and

WHEREAS, upon City Council approval of the Tentative Agreement, the compensation and benefit changes outlined therein shall be implemented and incorporated into the Annual Operating Budget for Fiscal Year 2024/25; and

WHEREAS, the City Council, having considered the Tentative Agreement, desires to accept, adopt, and implement the Tentative Agreement for the successor MGEA MOU 2024-27.

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

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

Section 2. T he executed Tentative Agreement for a successor MGEA MOU for the period of July 1, 2024 – June 30, 2027, a fully executed copy of which is attached hereto as Exhibit A, is accepted, approved, adopted and implemented as stated therein.

Section 3. The labor representatives of the City and MGEA are directed to jointly prepare a written successor memorandum of understanding in accordance with the Tentative Agreement and present same to the City Council at a future date for its consideration , approval, and adoption.

Section 4. In anticipation of the successful completion of the negotiations, the Fiscal Year 2024/25 Operating Budget was amended on August 20, 2024, to reflect the increased compensation and benefits authorized by the Tentative Agreement for a successor MGEA MOU 2024-27.

Section 5. The City Clerk shall certify the adoption of this Resolution and deem it effective and implemented as of September 3, 2024, the same shall be in full force and effect.

PASSED, APPROVED, AND ADOPTED this 3rd day of September 2024, by the City Council of the City of Murrieta, State of California.

Lori Stone, Mayor

677
3 ATTEST:

Cristal McDonald, City Clerk

APPROVED AS TO FORM:

Tiffany 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 Resolution No. 24-4783 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 3rd day of September, 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

678
MGEA MOU 2024-27 Tentative Agreement 1 of 19
TEN

TATIVE AGREEMENT

FOR A SUCCESSOR MOU BETWEEN THE CITY OF MURRIETA AND
THE MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
AUGUST 14, 2024
T
he current Memorandum of Understanding (MOU) between the City of Murrieta (City) and the Murrieta General Employees ’ Association ( MGEA or Association), adopted by City Council Resolution No. 23-4704, covering the period July 1, 2022 through June 30, 2024 ( MGEA MOU 2022-24) expired June 30, 2024. MGEA currently represents 146 total City employees, including 47 different classifications, with 8 currently vacant positions.

Pursuant to the Meyer-Millias-Brown Act (“MMBA”) (Gov’t Code Section 3500 – 3511) and the City’s Employer-Employee Relations Resolution No. 93- 214, the labor relations representatives of the City and the Association commenced labor negotiations for a successor MOU with their first meeting on March 19, 2024. The parties subsequently met again on April 9, 2024, April 23, 2024, May 8, 2024, May 28, 2024, June 11, 2024, June 20, 2024, July 1, 2024 and July 23, 2024.

The parties exchanged multiple proposals and counter proposals for a successor MOU during this time and up through and including August 7, 2024. On August 14, 2024, the Association notified the City that the Association’s membership had voted to approve the City’s latest Proposal #7 dated August 7, 2024. Accordingly, the City and the Association have reached a Tentative Agreement on the deal terms for a successor M GEA MOU covering the period July 1, 2024 through June 30, 2027, which is represented by this document.

All items affecting compensation within the current MGEA MOU 2022 -24 not addressed herein are proposed to remain unchanged. The parties intend to prepare a redlined version of the successor MOU, which will include some additional clean -up edits and language changes subject to meet and confer. In addition, any language that has a sunset will be deemed of no further force and effect. The following deal terms were ratified by the Association, but remain subject to formal approval/adoption by the City Council per the MMBA and specifically California Government Code Section 3505.1, which provides:
“If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding.” Exhibit A
679
MGEA MOU 2024-27 Tentative Agreement 2 of 19

City/MGEA MOU 2024-27 Tentative Agreement by MOU Article MOU ARTICLE Strikeouts are deletions, and bolded language are additions.

Term of MOU
Article 1.04

Page 5 ends

Replace/modify the existing MOU language as follows:

“The term of this MOU shall be July 1, 2024, through June 30, 2027. This MOU shall remain in full force and eﬀect until a successor MOU has been ratiﬁed by the ASSOCIATION membership and adopted by the Murrieta City Council.”
Association
Activity
Article 1.08 A– C

Page 7 ends

Revise release time language to clarify allowed release time per MMBA and notice provisions as reﬂected in the modiﬁed provision provided after this chart.

Labor
Management
Committee
New Article 1.10

Page 10 ends

Add a new Article section providing for the establishment of a Labor Management Committee as set forth in the new provision provided after this chart.

Salaries
Article 2.01

Page 10 ends

Replace the current language in its entirety with the following:

Year 1
“Eﬀective the ﬁrst full pay period after City Council approval of this Tentative Agreement , t h e b a s e p a y o f a l l represented employees will be increased by a four percent (4%) cost-of-living adjustment (COLA).” “Eﬀective the ﬁrst full pay period after City Council approval of this Tentative Agreement , the base pay of Public Safety Dispatchers I and II will be increased by an additional equity adjustment of one percent ( 1%), n ot t o b e compounded with the 4% COLA.”
“Eﬀective the ﬁrst full pay period after City Council approval of this Tentative Agreement, the base pay of Building Inspector I position will be increased by an additional equity adjustment of ﬁve percent (5%), not to be compounded with the 4% COLA.”
Year 2
E ﬀ ective the ﬁr s t pay period in FY 2025/26, employees shall be gr ant ed a Cos t-of-Living-Adjustment (“COLA”) in base pay equivalent to the lesser of either four percent (4%) or the percentage change of the 2024 Annual Consumer Price Index for all Urban Consumers (CPI-U) not seasonally adjusted for the Riverside-San Bernardino-Ontario area.

If the CPI-U percentage change is negative, then the COLA shall be zero percent (0%).

Year 3
E ﬀ ective the ﬁr s t pay period in FY 2026/27, employees shall be gr ant ed a Cos t-of-Living-Adjustment (“COLA”) in base pay equivalent to the lesser of either the percentage change of the 2025 Annual Consumer Price Index for all Urban Consumers (CPI-U) not seasonally adjusted for the Riverside-San Bernardino-Ontario area, or the percentage change, year-over-year between audited ﬁscal years 2023/24 and 2024/25, in Recurring Revenue of the City’ s primary Operating Funds (as previously deﬁned by the City in negotiations), but not to exceed four percent (4%) or be less than two percent (2%) . If the CPI -U percentage change is negative or the change in Recurring Revenue is below zero percent (0%), then the COLA shall still be no lower than two percent (2%).

Compensatory
Time
Article 2.07

Page 12 ends

Modify current language, and starting with calendar year 2025, employees shall be entitled to cash out accrued CTO twice yearly as currently stated in MOU, but they must ﬁrst irrevocably designate in writing the amount of leave to be cashed out in the year preceding the cash-out and the cash out must be from time accrued after such designation. Cash -o u t i s a t t h e e m p l o y e e ’ s r a t e o f p a y a t t h e ti m e p a i d . F i n a n c e w i l l s u p p l y t h e i r r e v o c a b l e designation form upon request.
680
MGEA MOU 2024-27 Tentative Agreement 3 of 19

Call Out /
Standby Pay
Article 2.09

Page 13 ends

Incorporate and update language from SOP#22, and consider the recent on-call pilot program for dispatchers when drafting language.

Change “Standby” to “On-Call” verbiage to be more consistent with FLSA deﬁnitions.

Uniform
Allowance
Article 2.12

Page 14 ends

Create three tiers of uniform allowance beneﬁt starting January 1, 2025 to be paid equally across all pay periods in the remaining ﬁscal year:

1. $6 00 f or EM S Coor d i n at or , P ol i ce S e rvi ce s T e ch ni ci an I & II, Pr op e r t y E vi d en ce T e chn i ci an , an d Pub l i c S a f e t y Dispatchers.

2. $1,000 for Code Enforcement Oﬃcers and Police Community Services Oﬃcers.

3. $1,850 for Fire Inspector.

Boot Allowance
Article 2.13

Page 14 ends

Incorporate attached MOU Side Letter Agreement which updated this provision to a reimbursement policy.

Increase the reimbursement from $250 to $300.

Add Police Community Services Oﬃcers and Senior Public Works Inspectors to list of covered classiﬁcations.

New Specialty
Pays
Article 2.15

Page 15 ends

(New) Certiﬁcation Pay: $75 per month for those dispatchers possessing an intermediate P .O.S.T. certiﬁcation or $150 per month for those dispatchers possessing an advanced POST certiﬁcation eﬀective with the eﬀective date of the ﬁrst full payroll period after City Council adoption of this Tentative Agreement . This is an either/or non- stackable beneﬁt. This pay shall be provided to the employee starting the ﬁrst full pay period following the employee’s submittal of proof of valid and current certiﬁcation. In addition, to remain eligible for this pay, the employee must maintain their certiﬁc ation. In the event an employee does not recertify, the pay shall cease eﬀective the ﬁrst day of the pay period following the expiration of the certiﬁcation.

Holidays
Article 2.15B

Page 15 ends

Increase New Year’s Eve Day to a full day.

Holidays
Article 2.15

Page 15 ends

Revise Holiday language per the attached red-lined document.

Medical
Insurance
Article 2.16

Page 18 ends

Increase City contribution from current $1,647.83 to $1,747.83 eﬀective the ﬁrst full pay period after City Council approval of this Tentative Agreement. No change to the current annual adjustment language (50% of the lowest - cost family HMO premium increase).

Eﬀective January 1, 2025 increase the monthly contribution by an additional $100, bringing the City’s total contribution amount to $1,891.28 ($1,747.83 + $100 + $43.45).

MOU to reference the existing Opt-Out attestation form and incorporate the requirements, eligibility terms, and acknowledgments therefrom to comply with IRS regulations. Cash -in-lieu amount to be clariﬁed and expressly stated as follows:
“Up to $833.43 of the monthly Cafeteria Plan health contribution may be utilized only for medical insurance premiums. The remaining amount may be used for other allowable Cafeteria Plan expenditures, such as medical premiums, Flexible Spending Account contributions, Dependent Care FSA, or taken as a taxable cash payment (limited to the following provisions).

Taxable Cash Payment (cash-in-lieu of health care):

1. Employees hired on or before September 30, 2019, who elected and received cash -in-lieu for Plan Year 2019 (Tier 1) shall be allowed to maintain the beneﬁt in eﬀect at the time (up to $688.28). Should such an employee reduce or eliminate the cash-in-lieu beneﬁt amount in future years, such election will be ﬁnal (i.e., it cannot be increased or reinstated in the future, though the employee can elect to reduce the beneﬁt further until it is eliminated).
681
MGEA MOU 2024-27 Tentative Agreement 4 of 19

2. Any employee hired on or before September 30, 2019, who did not elect cash -in-lieu for Plan Year 2019 shall not be eligible for the cash-in-lieu beneﬁt.

3. New employees hired on or after October 1, 2019, shall not be eligible to receive the cash-in-lieu beneﬁt.” Deferred Comp
Article 2.17

Page 22 ends

Increase City matching amount from $1,600 to $2,000 per year. The parties to discuss and consider adding the Roth feature to the 457 plan if possible during term of MOU.

Bereavement
Leave
Article 3.01D

Page 24 ends

Update existing provision with provisions from new state law. Revised language provided at the end of this proposal.

Add Reproductive Leave provision, which is also provided at end of this proposal.

Annual Leave
Article 3.01E

Page 24 ends

Increase cash out from 40 to 80 hours twice per year , but also modify cash-out language such that starting with calendar year 2025, employees shall be entitled to cash out accrued Annual Leave twice yearly as currently stated i n M O U , b u t t h e y m u s t ﬁ r s t i r revocably designate in writing the amount of leave to be cashed out in the year preceding the cash-out and it must be from future accruals. Cash -out is at the employee’s rate of pay at the time paid. Human Resources and/or Finance will supply the irrevocable designation form upon request.

Leaves of
Absence
Article 3.01G

Page 26 ends

a. Add Domestic Violence Victim Leave as recognized type of protected leave provided at end of this proposal b. Add Crime Victims Leave as recognized type of protected leave provided at end of this proposal. c. Add Leave for School Activities as recognized type of protected leave provided at end of proposal.

Work Schedules
Article 3.02

Page 27 ends

Revise the Work Schedule language per the modiﬁed provision provided after this chart.

Grievance
Procedures
Article 4.02

Page 29 ends

Replace the existing Grievance Procedures language with the provision provided after this chart.

Other Items
Article 4.08
Replace existing Article with the re-opener provision/language provided after this chart.

Joint Drafting
Article 4.09 New
Add new provision as follows:
“Each party has cooperated in the drafting and preparation of this MOU. Hence, in any legal construction or interpretation to be made of this MOU, the same shall not be construed against any party.”

682
MGEA MOU 2024-27 Tentative Agreement 5 of 19

REVISED OR NEW MOU PROVISIONS
ARTICLE 1.08 ASSOCIATION ACTIVITY
A. Release Time. The CITY shall allow paid release time to public agency employee representatives of the ASSOCIATION and its represented employees in the following instances:

1. Meeting and conferring with the CITY with respect to wages, hours, and terms and conditions of employment. The ASSOCIATION shall advise the CITY, in writing, of its negotiators and shall be limited to designating three (3) negotiators who are CITY employees each calendar year. (The ASSOCIATION can designate alternates, however, only 3 employees shall be eligible for paid release time as provided for herein). CITY employee representatives shall be paid regular salary for the time spent annually in negotiations during regular work hours, except no payment will be made for negotiating time outside the representative's normal workday. The names of the duly chosen employee representatives of the Bargaining Unit shall be submitted to Human Resources sufficiently in advance of the regularly scheduled meetings so as to permit the scheduling of operations within the CITY. The provisions of this MOU shall be limited to conferences or negotiations held with respect to wages, hours, and conditions of employment.

In addition to the 3 employee negotiators, ASSOCIATION may retain, at its sole expense, one or more non-employee consultants.

2. Testifying or appearing as the designated representative of the ASSOCIATION in conferences, hearings, or other proceedings before PERB, or an agent of PERB, in matters relating to a charge filed by the ASSOCIATION against the CITY or by the CITY against t h e A S S O C I A T I O N . O n l y o n e ( 1 ) C I T Y e m p l o y e e m a y b e a designated representative of the ASSOCIATION for purposes of paid release time under this provision.

3. Testifying or appearing as the designated representative of the employee organization in matters before a personnel or merit commission or in grievance and/or disciplinary matters. Only one (1) CITY employee may be a designated representative of the ASSOCIATION for purposes of paid release time under this provision.

4. Association meetings. ASSOCIATION members shall be granted one (1) hour of paid release time per year to attend an annual membership meeting. In addition, all ASSOCIATION members shall be provided paid release time to attend MOU ratification meetings not to exceed three (3) per year if such meetings are scheduled during their normal work shift. ASSOCIATION Board, ratification, and membership meetings may be held on CITY property using CITY meeting facilities, subject to availability. Five (5) calendar days advance notice shall be given to Human Resources for membership, ratification, and ASSOCIATION Board meetings when release time is involved. ASSOCIATION Board members shall be granted paid release time for up to six (6) ASSOCIATION Board meetings per calendar year. ASSOCIATION negotiating members shall each be entitled to up to one (1) hour of paid release time before each meet -and-confer session and one 683
MGEA MOU 2024-27 Tentative Agreement 6 of 19

half (½) hour of paid release time after each meet -and-confer session for preparation and discussions.

5. Association activities. Representatives and officers of the ASSOCIATION having business with the representatives, officers, or individual members of the ASSOCIATION may confer with such representatives, officers, or individual members of the ASSOCIATION during the course of the workday for a reasonable length of time, provided that such activities do not impede the operation of the CITY. No more than two (2) representatives and officers shall engage in such meetings with individual members at any one time for purposes of paid release time under this provision.

6. Supervisors shall not unreasonably deny release time. However, release time shall be denied at the sole discretion of a supervisor if the efficient operation of the CITY so requires.

7. In all instances described above where paid release time is to be used, the employee must request paid release time in writing (such as an email or calendar notice) and be approved in writing (such as an email or calendar notice) by their supervisor/Department Director. If circumstances permit, such request shall be made and approved in advance, otherwise as soon as practicable afterwards.

ARTICLE 1.10 LABOR-MANAGEMENT COMMITTEE (NEW)
The CITY and ASSOCIATION agree to establish a Labor-Management Committee ("LMC"). Each party shall appoint no more than three (3) members to the LMC. The LMC shall meet on an ad hoc basis, but no more than once every three (3) months unless mutually agreed to otherwise, at a mutually convenient time and place to informally discuss any matters pertinent to maintaining good employer-employee relations. Both parties agree and understand that the LMC is only advisory in nature. Each party shall advise the other at least two (2) working days prior to such meeting of the subject matters they wish to discuss. Employees shall not lose any compensation or benefits for attendance at LMC meetings conducted during regular work hours.

During the term of this agreement, the subjects to be discussed during the Labor Management Committee shall include, but are not limited to, the following issues:
• Flexible Staffing
• Adding Lead Classifications
• Adding language on filling vacancies and handling recruitments, promotions, and transfers. • Adding language that discipline is progressive and establish order of discipline. • Establishing a written Police Department policy for reinstating status on force list (overtime order list) for Dispatch employees on protected leave.

684
MGEA MOU 2024-27 Tentative Agreement 7 of 19

ARTICLE 2.15 HOLIDAYS
A. CITY employees shall be eligible for holidays as prescribed in this section of this MOU.

B. The approved CITY holidays shall be as follows:
1) New Year’s Day
2) Martin Luther King Jr. Day
3) Presidents' Day
4) Memorial Day
5) Independence Day
6) Labor Day
7) Veterans Day
8) Thanksgiving Day
9) The day after Thanksgiving
10) Christmas Eve Day
11) Christmas Day
12) New Year’s Eve Day
13) One (1) Floating Holiday
C. Holiday Value: The hour value for each holiday shall be equivalent to the employee’s authorized work schedule (e.g., If the holiday falls on a regularly scheduled eight (8) hour workday, the value of the holiday leave is eight (8) hours. If the holiday falls on a regularly scheduled nine (9) hour workday, the value of the holiday leave is nine (9) hours. If the holiday falls on a regularly scheduled ten (10) hour workday, the value of the holiday leave is ten (10) hours. If the holiday falls on a regularly scheduled twelve (12) hour workday, the value of the holiday leave is twelve (12) hours).

D. H
alf- Day Holidays: For half-day holidays, employees shall not be required to work the last half of their regularly scheduled shift. The hour value for each half-day holiday shall be equivalent to half of the employee’s authorized work schedule (e.g., If the holiday falls on a regularly scheduled nine (9) hour workday, the value of the half-day holiday is four and a half (4.5) hours. If the holiday falls on a regularly scheduled ten (10) hour workday, the value of the half- day holiday is five (5) hours. If the holiday falls on a regularly scheduled twelve (12) hour workday, the value of the half- day holiday is six (6) hours.). The hours of operation and/or the work schedules of employees may be adjusted on half -day holidays for operational efficiency. Employees will be notified at least fourteen (14) days in advance of such changes.

Procedure if Holiday Falls on Saturday or Sunday: For Saturday holidays, facilities that are normally closed on Saturday will be closed to the public on the preceding Friday, with applicable City employees observing the holiday on Friday. Facilities normally open on Saturday will observe the holiday on the actual date (Saturday).

For Sunday holidays, facilities that are normally closed on Sunday will be closed to the public on the following Monday, with applicable City employees observing the holiday on Monday. Facilities normally open on Sunday will observe the holiday on the actual date (Sunday).

685
MGEA MOU 2024-27 Tentative Agreement 8 of 19

E. Procedure for Work Schedule Changes: Should an employee’s authorized work schedule (e.g., 5/8, 9/80, 4/10, or 3/12) be changed, resulting in a change in regular hours worked (e.g., 8, 9, 10, or 12), the hour value of holidays will be adjusted for any holidays remaining after the schedule change.

F. H oliday Leave Bank

1. Employees will be provided holiday leave hours on the first payday in July. Employees on a 5/8 work schedule will receive ninety-six (96) hours of holiday leave. Employees on a 9/80 work schedule will receive one hundred and eight (108) one hundred seventeen (117) hours of holiday leave. Employees on a 4/10 work schedule will receive one hundred twenty (120) one hundred thirty (130) hours of holiday leave. Employees on a 3/12 work schedule will receive one hundred forty -four (144) one hundred sixty -four (164) hours of holiday leave. An employee’s holiday leave bank shall be reduced by the number of hours taken for each holiday or observed holiday.

Employees will be provided floating holiday leave hours on the first payday in July.

Employees on a 5/8 work schedule will receive eight (8) hours of floating holiday leave.

Employees on a 9/80 work schedule will receive nine (9) hours of floating holiday leave.

Employees on a 4/10 work schedule will receive ten (10) hours of floating holiday leave.

Employees on a 3/12 work schedule will receive twelve (12) hours of floating holiday leave. An employee’s floating holiday leave bank shall be reduced by the nu mber of hours taken for each holiday or observed holiday.

2. Employees are required to use holiday leave each time a CITY -authorized holiday or observed holiday falls on a day when the employee would normally be scheduled to work.

3. Holiday leave bank hours may be used only after the holiday or observed holiday has occurred unless the City Manager has granted an exception. The Floating Holiday may be used as paid leave at any time during the same fiscal year in which it was credited to the employee’s Floating holiday leave bank. Such time must be scheduled in advance and approved by the Department Head with consideration given to sufficient staff being available to continue the efficient operation of the department.

4. Holidays, excluding the Floating Holiday, occurring during a Leave without Pay are not earned or vested. An employee on leave without pay for the entire fiscal year will not earn the Floating Holiday for that same year. Unearned holiday hours will be de ducted from the employee’s Holiday leave Bank.

5. Any Holiday leave Bank hours that are not used by the last day of the last full pay period in June shall be cashed out on the final payday in June. Police Dispatchers and Lead Dispatchers can cash out up to eighty (80) hours of unused holiday leave hours on the first payday in June and December each year upon written request with thirty (30) days’ notice to the CITY.

G. Employees Required to Work on Holiday: Employees who work on the actual or observed holidays listed in Article 2.15(B) shall not have their holiday bank hours reduced and shall be paid at the rate of time and one-half for all hours actually worked on those holidays. Employees who work a partial day, defined as fewer hours than the employee’s normal workday, shall be paid at the rate 686
MGEA MOU 2024-27 Tentative Agreement 9 of 19

of time and one-half for all hours actually worked on those holidays and shall have their holiday bank reduced by the number of hours necessary to cover the difference in the number of hours of their regular shift if any. An employee who works both an observed and actual holiday shall only be eligible for holiday pay on one (1) such date and shall only receive the holiday leave value for one holiday.

H. Procedure if Holiday Falls on Regular Day Off: If an actual or observed holiday occurs on a day that is the employee's regular day off and the employee is not required to work (on either the actual or observed date), their holiday bank hours shall not be reduced. The employee will be able to use the full holiday leave hours at another time.

I. Employees beginning employment during the fiscal year will start with a prorated Holiday Leave Bank. Hours will be credited in accordance with the employee’s authorized work schedule for each City authorized holiday that has not yet occurred.

J. Employees separating employment with the CITY during the fiscal year will receive payment for unused holiday leave only for holidays that have already occurred and been earned, including the Floating Holiday, if the employee has not yet used them. Payroll will audit the holiday leave bank and make adjustments on the final paycheck if necessary.

K. “Bank Hours” or “Credits” for Public Safety Dispatcher I / II: The Public Safety Dispatcher I / II are normally required to work on approved holidays because they work in positions that require scheduled staffing without regard to holidays. The Public Safety Dispatcher I / II accrue holiday “bank hours” or “credits” to be used at a later date. The Public Safety Dispatcher I / II shall have the right under the MOU to cash out any accrued and unused holiday “bank hours” or “credits” of up to eighty (80) hours each on the first payday in June and December upon written request with thirty (30) days’ notice to the CITY. If a Public Safety Dispatcher I / II does not elect to cash out their “bank hours” or “credits” in December or on the first payday in June, all unused “bank hours” or “credits” shall be cashed out on the final payday in June of the same fiscal year in which they were accrued. The CITY shall report such Dispatcher cash- outs under these circumstances and meeting these criteria as reportable compensation to CalPERS to the extent CalPERS permits it. The Public Safety Dispatcher I / II are the only represented employees who cash-out holiday hours per CalPERS rules and regulations. (See CalPERS Circular Letter 200-064- 14 and CalPERS Circular Letter 200-019-20, interpreting Rule 571 and the Government Code).

ARTICLE 3.01 LEAVES
D. BEREAVEMENT LEAVE

1. Immediate Family . For purposes of determining Bereavement Leave, the term “immediate family” is defined as spouse, domestic partner, child, parent, sibling, and grandparents; the aforementioned, either natural, legally adopted, step or in-law, or any person over whom the employee acts as the legal guardian, or a verifiable current member of the employee's immediate household. The CITY and the Association further agree that the definition of immediate family shall include an ex -spouse if the employee is escorting dependent children to the funeral of an ex-spouse who was the parent of the dependent child or children.
687
MGEA MOU 2024-27 Tentative Agreement 10 of 19

2. Travel Less Than 300 Miles . Upon the death of an immediate family member whose memorial/burial services occur within less than 300 miles from the CITY, an employee may use up to three (3) work shifts of paid Bereavement Leave not chargeable to any other leave and an additional two (2) work shifts of any other leave or of unpaid leave for a total of five (5) work shifts.

3. T
ravel More Than 300 Miles. Upon the death of an immediate family member whose memorial/burial services occur 300 miles or more from the CITY, an employee may use up to five (5) work shifts of paid Bereavement Leave not chargeable to any other leave.

4. O
ther Terms and Conditions of Use . Bereavement Leave must be completed within three (3) months of the immediate family member’s death and may be intermittent leave and is not required to be used in consecutive amounts. Intermittent leave shall equate to the number of equivalent hours a s constitute the employee’s normal work shifts as of the date Bereavement Leave is first requested. Employees are required to provide documentation to the CITY of the immediate family member’s death within thirty (30) days of the first day of use of Bereavement Leave. “Documentation” includes, but is not limited to, a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency. The CITY shall maintain the confidentiality of any employee requesting leave under this section. Any documentation provided to the CITY regarding this leave shall be maintained as confidential and shall not be disclosed except to internal personnel or counsel, as necessary or as required by law.

E. Reproductive Loss Leave (Insert and renumber remaining sections accordingly)

Employees, who have been employed by the City for at least thirty (30) days, may take up to five (5) work days of reproductive loss leave following a reproductive loss event.

Employees who experience more than one reproductive loss event within a twelve (1 2) month period may take up to five (5) work days off for each reproductive loss up to a maximum of twenty (20) work days of reproductive loss leave within a twelve (12) month period. Employees may take the leave following their own reproductive loss event or that of another person, if the employee would have been the parent of the child born or adopted.

Definitions

A reproductive loss event is any of the following:

1. Miscarriage;

2. Stillbirth;

3. Failed adoption – for example, if a birth mother or legal guardian breaches or dissolves an adoption agreement, or if an adoption is not finalized for another reason;

4. Failed surrogacy – for example, if a surrogate breaches or dissolves a surrogacy agreement, or if an embryo transfer fails; or

5. Unsuccessful assisted reproduction – for example, a failed intrauterine insemination or embryo transfer.

688
MGEA MOU 2024-27 Tentative Agreement 11 of 19

Other Terms and Conditions

Employees may take the leave on consecutive work days, or can elect to use the leave on non-consecutive work days. The leave must be completed within three (3) months of the reproductive loss event. However, if prior to or immediately after a reproductive loss event, the employee is on or chooses to go on Pregnancy Disability Leave, leave under the California Family Rights Act, and/or any other leave entitlement under state or federal law, the employee must complete the Reproductive Loss Leave within three (3) months of the end date of the other leave.

Employees must provide reasonable advance notice of the need for the leave to their supervisor, unless advance notice is not feasible. If advance notice is not feasible, the employees should notify their supervisor as soon as possible of the need for the leave.

The City may require documentation of the qualifying reproductive loss event.

The employee may elect to use accrued, available Annual Leave and/or Compensatory Time for the reproductive loss leave; otherwise the leave is unpaid.

F. Leave for Crime Victims

Employees who are a victim of certain crimes or who have certain relationships with the victim of certain crimes may take time off work under the following circumstances:

1. Type 1 Crime

(a) The crime must be a violent or serious felony as defined by law, or a felony provision of law proscribing theft or embezzlement;

(b) the employee must be the victim of the crime, or the employee must be an immediate family member, a registered domestic partner, or a child of a registered domestic partner who is the victim of the crime; and

An immediate family member is defined as: a spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, and stepfather. A registered domestic partner means a domestic partner who is registered in accordance with California state law.

2. Type 2 Crime

(a) The employee, or the employee’s spouse, parent, child, sibling or guardian must be a victim of any of the following offenses as defined by the Penal Code and/or Vehicle Code and identified in California Labor Code section 230.5. “Victim” is defined as suffering direct or threatened physical, psychological, or financial harm as a result of the following offenses.
689
MGEA MOU 2024-27 Tentative Agreement 12 of 19

(1) vehicular manslaughter while intoxicated
(2) felony child abuse likely to produce great bodily harm or death (3) assault resulting in the death of a child under eight years of age (4) felony domestic violence
(5) felony physical abuse of an elder or dependent adult (6) felony stalking
(7) Solicitation for murder
(8) Serious felony
(9) Hit-and-run causing death or injury
(10) Felony driving under the influence causing injury (11) Sexual assault
(b) The employee requests time off work to appear in court to be heard at any proceeding (including any delinquency proceeding) involving a post- arrest release decision, plea, sentencing, post -conviction release decision, or any proceeding in which the right o f the victim (the employee, or the employee’s spouse, parent, child, sibling, or guardian) is at issue.

Notice of the Need for the Time Off /Leave

The employee must notify their supervisor of the need for the time off work at least 10 work days in advance of the date on which employee intends to take time off work to attend the judicial proceeding. If 10 work days advance notice is not reasonably possible, employee should notify their supervisor as soon as reasonably possible in advance of the absence. The employee’s notice to the supervisor should include the documentation/certifications described below if possible. If advance notice of the absence is not feasible, the employee must provide to their supervisor the documentation/certification below within a reasonable period of time after the employee’s absence from work.

For time off for a Type 1 Crime, the employee must provide to their supervisor documentation of the scheduled court proceeding either before taking the time off work or within a reasonable time after the absence from work. Such documentation is typically a notice given to the victim of the crime by a court or government agency setting the hearing, a district attorney or prosecuting attorney's office, or a victim/witness office.

For time off for a Type 2 Crime, the employee must provide to their supervisor appropriate certification either before taking time off work, or within a reasonable time after the absence from work. Appropriate certification may include: (a) a police report indicating that the employee was a victim of the a crime that falls within the Type 2 Crime definition above; (b) a court order protecting or separating the employee from the perpetrator of the offense or other evidence from the court or prosecuting attorney that employee has appeared in court; or (c) documentation from a medical professional, domestic violence advocate, advocate for victims of sexual assault, health care provider, or counselor that the employee was undergoing treatment for physical or mental injuries or abuse resulting from a Type 2 Crime.

690
MGEA MOU 2024-27 Tentative Agreement 13 of 19

Use of Accrued, Available Paid Leave

When an employee takes time off/leave for a qualifying reason, the employee must use accrued available Annual Leave and/or Compensatory Time to cover the time absent from work; otherwise the time off/leave will be unpaid.

G. Leave for Victims of Domestic Violence, Sexual Assault, Stalking or Certain Crimes Employees who are victims of domestic violence, sexual assault, and/or stalking, or a crime that caused physical injury, or caused a mental injury and threat of physical injury, and employees whose immediate family member is deceased as a direct result of a crime are eligible for time off work for the following purposes:

1. To seek medical attention for the injuries caused by the crime or abuse;

2. To obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of the crime or abuse;

3. To obtain psychological counseling related to an experience of crime or abuse;

4. To participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation; and

5. To obtain or attempt to obtain any relief, including but not limited to, a temporary restraining order, restraining order or other injunctive relief, to help ensure the health, safety or welfare of the employee or their child.

For purposes of this section, the term “crime” is defined, as set forth in Section 13951 of the California Government Code, to mean a crime or public offense that would constitute a misdemeanor or a felony and regardless of whether any person is arrested for, prosecuted for, or convicted of committing the crime.

Notice of the Need for the Time Off/Leave

An employee needing the time off work for any of the above purposes shall notify Human Resources as soon as reasonably possible in advance of the employee’s intention to take the time off from work, unless advance notice is not feasible.

When the employee does not provide advance notice of the intent to take the time off from work, the employee must provide, within a reasonable period of time after the absence, a certification to Human Resources. The certification may be:

1. A police report indicating that the employee was a victim;

2. A court order protecting or separating the employee from the perpetrator of the crime or abuse;

3. E vidence of the employee’s court appearance;

4. Documentation from a licensed medical professional, domestic violence/sexual assault counselor, victim advocate, licensed health care provider, of counselor that the employee was undergoing treatment or receiving services for physical or mental injuries or abuse resulting from the crime or abuse; or 691
MGEA MOU 2024-27 Tentative Agreement 14 of 19

5. Other reasonable evidence that reasonably verifies a crime or abuse occurred, or that the absence was for a qualifying reason.

Use of Accrued, Available Paid Leave

When an employee takes time off/leave for a qualifying reason, the employee must use accrued available Annual Leave and/or Compensatory Time off to cover the time absent from work; otherwise the time off/leave will be unpaid.

Nothing in this section creates a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is permitted by, the federal Family and Medical Leave Act (29 U.S.C. sect. 2601, et seq.).

H. Time Oﬀ/Leave For School Activities
Employees, who are a parent, guardian, stepparent, foster parent, grandparent, or person who stands in loco parentis to one or more children in kindergarten, or grades 1 through 12, or attending a licensed child care provider/facility, are eligible to use up to 40 hours of time oﬀ work each year for qualifying school/licensed child care provider activities (described below) and subject to the conditions below. Any unused time does not roll over to the following year.

1. Qualifying School/Licensed Child Care Provider Activities An eligible employee may take time oﬀ work for the following reasons:

(a) to ﬁnd, enroll, or re -enroll his/her child in a school or with a licensed child care provider;
(b) to participate in activities of his/her child’s school or licensed child care provider; and/or
(c) to address a school or child care provider emergency which means that the employee’s child cannot remain in a school or with a child care provider due to:
(1) the child’s behavioral or discipline problems;
(2) the closure or unexpected unavailability of the school or child care provider (excluding planned holidays); or
(3) a natural disaster, including but not limited to, ﬁre, earthquake, or ﬂood.

An employee cannot use more than 8 hours of time oﬀ in any calendar month (out of the 40 hours available each year) for the reasons in paragraphs 1(a) and/or (b).

If more than one eligible employee seeks planned time oﬀ work for the same child/children and qualifying school/licensed child care provider activity, and the employees work at the same worksite, the ﬁrst employee at that worksite to request the time oﬀ will receive the time oﬀ. After the City makes the determination concerning who made the request ﬁrst, the other employee(s) 692
MGEA MOU 2024-27 Tentative Agreement 15 of 19

at the same worksite will only receive the time oﬀ if it is approved subsequently by their supervisor.

2. Notice of the Need for the Time Oﬀ Work/Absence
For time oﬀ work for school/licensed child care provider activities under paragraphs 1(a) and/or (b) above, an employee must provide notice to their supervisor of the need for time oﬀ work at least 10 work days in advance of the need for the time oﬀ. When 10 work days advance notice is not reasonably possible, the employee must notify their supervisor of the need for the time oﬀ as soon as reasonably possible in advance of the time oﬀ.

When the time oﬀ work is for an emergency, as deﬁned in paragraph 1(c) above, the employee must notify their supervisor as soon as possible before taking the time oﬀ work, if reasonably feasible. If such notice before taking the time oﬀ work is not rea sonably feasible, the employee must provide the notice to the supervisor as soon as reasonably possible thereafter.

Upon the City’s request, employees must provide to the City written veriﬁcation from the school or licensed child care provider that the employee engaged in a qualifying school/licensed child care provider activity on a particular date and time.

3. Use of Accrued, Available Paid Leave to Cover the Time Oﬀ Work/Absence When an employee takes time oﬀ work for a planned absence for an above qualifying reason, the employee must use accrued, available Annual Leave and/or Comp Time to cover the time oﬀ work, and any remaining amount of time oﬀ not covered by the accrued, available Annual Leave and/or Comp Time shall be unpaid. For an unplanned time oﬀ work/absence due to an emergency as deﬁned above, the employee can elect to use accrued, available Annual Leave and/or Comp Time i n or d e r t o r e c e i v e p a y f or a l l or p a r t of t h e ti m e oﬀ w or k . O t h e rw i s e , a n y ti m e o ﬀ w or k n o t covered by Annual Leave and/or Comp Time shall be unpaid.

Employees who are a parent or guardian of a child suspended from school may take time oﬀ to comply with the school’s request, under California Education Code section 48900.1, that the employee attend the child’ s school. Prior to taking the time oﬀ for this purpose, the employee shall notify their supervisor as soon as reasonably possible, and, if feasible, at least 10 work days before the date of the school attendance date, and provide to the employee’s supervisor a copy of the school’s request. The employee’s time oﬀ from work will be unpaid, unless the employee elects to use accrued, available Annual Leave and/or Comp Time for the work absence.

ARTICLE 3.02 WORK SCHEDULES
A. Workweek:

The City deﬁnes the FLSA workweek for non-exempt employees as a period of 168 hours during 7 consecutive 24-hour periods beginning at 12:00 a.m. on Sunday and ending at 11:59 p.m. on Saturday, except for employees on a 9/80 or 3/12 work schedule.

B. Workweek for 9/80 Work Schedule:

Employees shall normally work a 9/80 work schedule. Employees working a 9/80 work schedule will have a regular day oﬀ every other week as determined by the City. For such employees working a 9/80 work schedule, each employee’s designated workweek shall begin exactly four 693
MGEA MOU 2024-27 Tentative Agreement 16 of 19

hours after the start of their his/her eight-hour shift on the day of the week that corresponds to the employee’s alternating regular day oﬀ.

C. Workweek for 3/12 Work Schedule:

Public Safety Dispatchers working a 3/12 work schedule will have an alternating regular day oﬀ every other week as determined by the City. For such employees working a 3/12 work schedule, each employee’s designated workweek shall begin exactly half way through six hours after the start of their his/her eight hour shift on the day of the week that corresponds to the employee’s alternating regular day oﬀ.

D. Alternative Work and Lunch Schedules:

With the approval of the Department Director, a Manager may be given the discretion to approve alternative work and lunch schedules for their his/her subordinate personnel. The CITY reserves the right to rescind alternative work and lunch schedules with ﬁve (5) days’ notice.

E. 4/10 Work Schedules:

The parties have agreed to implement a 4/10 work schedule that provides for City Hall to be open Monday through Friday. The 4/10 work schedule for full-time employees can be any combination of workdays that allows an employee to be scheduled for four (4) consecutive ten (10) hour days totaling forty (40) hours of work in each deﬁned FLSA workweek.

Approval of work schedules will be determined by the Department Head, with the assistance of the Human Resources Division and the approval of the City Manager. All requests by employees to work a 4/10 schedule must be in writing, approved in writing, with the speciﬁc deﬁned workweek and work schedule identiﬁed in the approval, and placed in the employee’s personnel ﬁle. The City's intent regarding 4/10 work schedules is for their use wherever feasible when requested by the employee and consistent with t he operational needs of the department and the City. The City may cancel an approved 4/10 work schedule by providing the employee with no less than ﬁfteen (15) days but with the goal of providing thirty (30) days advance notice.

Employees wishing to change or cancel 4/10 work schedules must also provide at least ﬁfteen (15) days but with the goal of providing thirty (30) days advance notice and obtain written approval from their Department Head, which must also be copied to Human Resources. If, after providing reasonable notice, the agreed- upon 4/10 work schedule is canceled, the aﬀected employee shall be returned to their previously assigned work schedule (e.g., 9/80 or 3/12).

Employees working 4/10 work schedules are prohibited from changing or switching their regular days oﬀ without prior approval from their Department Head due to the likelihood that overtime will result.

F. Remote/Hybrid Work Schedules:

Represented employees may be approved to work remotely or a hybrid work schedule consistent with CITY policy.

During the term of this agreement, the Labor Management Committee will discuss the following issues:
a. Implementation of remote/hybrid work schedule where feasible 694
MGEA MOU 2024-27 Tentative Agreement 17 of 19

G. Changes to Work Schedules:

Eﬀective the ﬁrst full payroll period after City Council approval of the successor MOU tentative agreement or the MOU itself, all employees who work a 9/80 or 3/12 work schedule shall continue to work their assigned 9/80 or 3/12 work schedule for the duration of this MOU, unless the employee and the CITY mutually agree that the employee shall work a diﬀerent work schedule (e.g., a 5/8 or 4/10).

The City reserves the right to propose changes to employee work schedules (e.g., employees on a 9/80 or 3/12) subject to completion of the meet and confer process with the ASSOCIATION per the requirements of the MMBA before implementing any such change in work schedules.

The City reserves the right to change work schedules for any vacant ASSOCIATION represented position with ﬁfteen (15) calendar days’ notice to the ASSOCIATION and an opportunity for the ASSOCIATION to consult about the proposed change before posting the vacancy with the changed work schedule.

An employee’s 9/80 or 3/12 work schedule shall not be aﬀected by promotions, reclassiﬁcations, or transfers within the bargaining unit, unless the CITY and ASSOCIATION either mutually agree to change it or complete the meet and confer process required by the MMBA.

ARTICLE 4.02 GRIEVANCE PROCEDURES
A grievance is a complaint by a represented employee or the ASSOCIATION that the employee has been adversely aﬀected due to a misinterpretation or misapplication of this MOU, any other work rules, conditions of employment, or regulations of the CITY or department, or actions of management regarding employee relations. Disciplinary actions are not subject to the procedures of this section.

This grievance procedure shall be subject to the following terms:
a. No punitive action will be assessed against an employee for utilizing the grievance procedure.
b. In any meeting with the supervisor, Department Head, or City Manager called to resolve a grievance, a maximum of two employees, or ASSOCIATION representatives, which may or may not include the grievant, may be excused from work, with the exception of those called as witnesses when both parties agree they are necessary to determine certain facts. c. The preparation of grievances shall not unreasonably interfere with the employee’s regularly assigned duties.
d. At any stage of the grievance process, both parties are entitled to representation. e. All time limitations imposed by the grievance procedures described in this section may be extended by mutual written agreement between the CITY and the employee or the ASSOCIATION.

695
MGEA MOU 2024-27 Tentative Agreement 18 of 19

Informal Grievance Procedures. Every eﬀort shall be made to resolve a grievance through discussion between the employee, and/or the employee's designated ASSOCIATION representative, and the employee's immediate supervisor, department manager, or any other person with the authority to resolve the grievance. If, after such discussion, the employee or the ASSOCIATION does not feel the grievance has been satisfactorily resolved, the employee or the ASSOCIATION may proceed with a formal grievance.

Formal Grievance Procedures. T he employee or ASSOCIATION shall have the right to present a formal grievance in writing to the Department Head within ﬁfteen (15) calendar days after the employee/ASSOCIATION knew or reasonably should have known of the occurrence which is the subject of the grievance. Failure to timely initiate the grievance procedure with the Department Head shall be a bar to the further processing of the grievance. The parties may agree to hold the timelines in abeyance while the parties attempt to resolve the issue informally, but which must be conﬁrmed in writing by both sides.

The parties may also agree to have the Administrative Services Director receive, hear, and decide a formal grievance in the event the Department Head does not have the authority to resolve the grievance.

The Department Head shall meet with the employee and/or the employee's designated ASSOCIATION representative within ﬁfteen (15) calendar days after receipt of the written grievance. The Department Head shall review the grievance, render a decision in writing, and return it to the employee and/or the employee's designated ASSOCIATION representative within ﬁfteen (15) calendar days after meeting with the employee or the employee’s designated ASSOCIATION representative.

Appeal Procedures. If the employee disagrees with the decision reached by the Department Head, the employee may present an appeal in writing to the City Manager within ﬁfteen (15) calendar days after the employee's receipt of the Department Head's decision. The City Manag er shall set a meeting with the employee and/or the employee's designated ASSOCIATION representative to discuss the grievance within ﬁfteen (15) calendar days. Within ﬁfteen (15) calendar days following the meeting, the City Manager shall deliver a copy of the decision to the employee and/or the employee's designated ASSOCIATION representative. The City Manager's decision shall be ﬁnal.

ARTICLE 4.08 OTHER ITEMS
Items not speciﬁcally addressed in the MOU shall continue to be addressed in Personnel Resolution, No. 91-64 and/or the Employee Relations Resolution, No. 93-214.

During the term of this agreement, the parties agree to the following limited re-opener provisions:
a. Update to City Employer -Employee Relations Resolution and/or local labor relations rules and procedures;
b. Update Personnel Rules/Employee Handbook; and
c. Creation or updates to City policies that do not conﬂict with the express terms of this MOU.

696
697
D
o
c
u
S
i
g
n

E
n
v
e
l
o
p
e

I
D
:

3 5
C
2 8
B
C
A
-
A
0 9
C
-
4 C
6 6
-
B
1 4
3 -
B
6 E
C
0 B
3 8
F
7 E
4 698
D
o
c
u
S
i
g
n

E
n
v
e
l
o
p
e

I
D
:

3 5
C
2 8
B
C
A
-
A
0 9
C
-
4 C
6 6
-
B
1 4
3 -
B
6 E
C
0 B
3 8
F
7 E
4 699
Tentative Agreement for A Successor
Memorandum of Understanding
Murrieta General Employees’ Association (Agenda Item No. 17) Murrieta Supervisors’ Association (Agenda Item No. 18)
Received After Agenda Printed 9/03/2024 - Regular Meeting DISCUSSION
Presentation - Item No. 17
700
2 • Murrieta General Employees’ Association (MGEA) - 146 employees, and 47 classifications • Murrieta Supervisors’ Association (MSA) - 33 employees, and 26 classifications • Prior Memorandums of Understanding covered the period July 1, 2022 – June 30, 2024 • Labor Negotiations commenced March 2024
• Tentative Agreement reached and Ratified
Collective Bargaining
701
3 General Employees’ Association
Year 1 (FY 2024/25)
• 4% Base Pay Cost of Living Adjustment
• Additional 1% - Public Safety Dispatcher I and II
• Additional 5% - Building Inspector I
• Effective September 8, 2024
Tentative Agreement
Three - Year Term (July 1, 2024 – June 30, 2027)
Year 2 (FY 2025/26)
A COLA increase in base pay equivalent to the lesser of 4%, or The percentage change of the 2024 Annual Consumer Price Index (CPI).

Supervisors’ Association
Year 1 (FY 2024/25)
• 4% Base Pay Cost of Living Adjustment
• Additional 1% - Public Safety Dispatch
Supervisor
• Effective September 8, 2024
702
4 General Employees’ Association
Tentative Agreement
Three - Year Term (July 1, 2024 – June 30, 2027)
Supervisors’ Association
Year 3 (FY 2026/27)
A COLA increase in base salary equivalent to the lesser of either the percentage change of the 2025 Annual CPI, or the percentage change, year-over-year in Recurring Revenue of the City’s primary Operating Funds, but not to be less than two (2%) nor exceed four percent (4%).
703
5 General Employees’ Association
Tentative Agreement
Three - Year Term (July 1, 2024 – June 30, 2027)
Supervisors’ Association
• Increase the monthly health allowance
amount from $1,647.83 to $1,747.83,
effective September 8, 2024, and from
$1,747.83 to $1,891.28, effective
January 1, 2025.
• Increase the City’s deferred
compensation plan matching amount
from $1,600 to $2,000 per year.
• Increase the monthly health allowance
amount from $1,747.83 to $1,891.28,
effective January 1, 2025.
• Increase the City’s deferred
compensation plan matching amount
from $2,200 to $2,400 per year.
• The New Year’s Eve Day holiday will be increased from a half-day to a full-day holiday. 704
6 If Tentative Agreement Approved
• Written Memorandum of Understanding
Presented to City Council at a later date
for consideration and adoption.

Resolutions
• Approving a Tentative Agreement for a
Successor Memorandum of
Understanding between the City and
MGEA (Fiscal Impact $5.1M).
• Approving a Tentative Agreement for a
Successor Memorandum of
Understanding between the City and
MSA (Fiscal Impact $1.8M).

Next Steps
705

CITY OF MURRIETA
City Council Meeting Agenda
Report
9/3/2024
Agenda Item No. 18.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Diego Chavez, Administrative Services Director
PREPARED BY: Diego Chavez, Administrative Services Director SUBJECT:

Approving a Tentative Agreement for a Successor Memorandum of Understanding between the City of Murrieta and the Murrieta Supervisors’ Association for the Period July 1, 2024 through June 30, 2027

RECOMMENDATION
Adopt Resolution No. 24-4784, entitled: A Resolution of the City Council of the City of Murrieta, California, Approving a Tentative Agreement for a Successor Memorandum of Understanding between the City of Murrieta and the Murrieta Supervisors’ Association for the Period July 1, 2024 through June 30, 2027.

PRIOR ACTION/VOTE
On October 3, 2023, the City Council adopted Resolution No. 23-4706, approving, adopting, and implementing a successor Memorandum of Understanding between the City of Murrieta and the Murrieta Supervisors’ Association for the period July 1, 2022, through June 30, 2024. (Vote: 5-0)

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

BACKGROUND
Through the process of collective bargaining, the City of Murrieta periodically negotiates with the respective employee organizations for the purpose of establishing and/or updating compensation, benefits, and other terms and conditions of employment for their represented employees, including tentative agreements for successor Memoranda of Understanding (MOU) affecting compensation and benefits. All such agreements must be voted on and passed by a majority of each affected employee organization’smembership, known as ratification, and subsequently approved by the City Council before becoming effective. Once approved by the City Council, the terms of tentative agreements for successor MOUs are immediately effective but also then memorialized in the successor MOU or through MOU amendments and brought back to the City Council for final approval.

The MOU between the City and the Murrieta Supervisors’ Association (MSA), adopted by City Council CITY OF MURRIETA Printed on 8/29/2024Page 1 of 3
powered by Legistar™
706
9/3/2024
Agenda Item No. 18.

The MOU between the City and the Murrieta Supervisors’ Association (MSA), adopted by City Council Resolution No. 23-4706 covering the period July 1, 2022, through June 30, 2024 (MSA MOU 2022-24) expired June 30, 2024. MSA currently represents 33 non-sworn City employees, including 26 different lead and supervisory classifications across the organization.

The labor representatives of the City and MSA commenced labor negotiations for a successor MOU with their first meeting on February 29, 2024. The labor representatives met again on March 21, 2024; April 4, 2024; April 10, 2024; April 18, 2024; May 1, 2024; May 9, 2024; June 11, 2024; June 20, 2024; and July 1, 2024. The labor representatives of the City and MSA have met and conferred in good faith and have come to a ratified Tentative Agreement on a fair and equitable package of compensation and benefits for a successor MSA MOU covering the period July 1, 2024, through June 30, 2027, pursuant to the Meyers-Milias-Brown Act (MMBA) (Government Code sections 3500-3511) and the City's Employer-Employee Relations Resolution No. 93-214.

The members of the MSA have voted to ratify the Tentative Agreement, and the labor representatives of the City and the MSA have executed the Tentative Agreement subject to City Council final approval. Staff has prepared a Resolution (Attachment 1) for the City Council to consider approving the executed Tentative Agreement for a successor MSA MOU for the period July 1, 2024, through June 30, 2027.

As negotiated, the proposed Tentative Agreement for a successor MOU includes the following significant compensation and benefits terms:
· Four percent (4%) base salary Cost of Living Adjustment (COLA), effective the first pay period after City Council approval of the Tentative Agreement.
· An additional one percent (1%) base salary equity adjustment for Public Safety Dispatch Supervisor classifications, equaling 5% total, not to be compounded, effective the first pay period after City Council approval of the Tentative Agreement.
· Effective the first full pay period in Fiscal Year (FY) 2025/26, a COLA increase in base salary equivalent to the lesser of either four percent (4%) or the percentage change of the 2024 Annual Consumer Price Index (CPI). If the CPI percentage change is negative, then the COLA shall be zero percent (0%). · Effective the first pay period in FY 2026/27, a COLA increase in base salary equivalent to the lesser of either the percentage change of the 2025 Annual CPI, or the percentage change, year-over-year between audited fiscal years 2023/24 and 2024/25, in Recurring Revenue of the City’s primary Operating Funds, but not to be less than two (2%) nor exceed four percent (4%). If the CPI percentage change is negative or the change in Recurring Revenue is below zero percent (0%), then the COLA shall still be two percent (2%).
· Up to $300 in reimbursement per FY for the purchase of compliant work boots for the classifications of Maintenance Manager, Maintenance Supervisor, Public Works Inspection Supervisor, and Parks Maintenance Superintendent.
· $50 for each day a Dispatch Supervisor is assigned to on-call and an additional $35 if the on-call assignment is a city holiday.
· Dispatch Supervisors assigned to the positions of Emergency Medical Dispatch Coordinator and Communications Training Officer Supervisor shall receive a five percent (5%) base salary increase during the period of such assignment.
· Dispatch Supervisors shall receive $75 per month if they prove possession of an intermediate P.O.S.T. certificate, $150 per month if they prove possession of an advanced P.O.S.T. certificate, and $175 per month if they prove possession of a supervisory P.O.S.T. certificate. These are an either/or non- stackable benefit.

CITY OF MURRIETA Printed on 8/29/2024Page 2 of 3
powered by Legistar™
707
9/3/2024
Agenda Item No. 18.
· The New Year’s Eve Day holiday shall be increased from a half-day to a full-day holiday. · Effective January 1, 2025, the city shall increase the monthly health contribution from $1,747.83 to $1,891.28, with reopeners for when the new 2026 and 2027 health premium rates are published by CalPERS to discuss increases in City contribution for January 1, 2026, and January 1, 2027. · Increase the City’s deferred compensation plan matching amount from $2,200 to $2,400 per year. · Increase the City’stuition reimbursement maximum reimbursable amount from $1,500 to $3,500 per employee per fiscal year but implement a lifetime cap of $14,000.

A fully executed copy of the Tentative Agreement is attached to Resolution No. 24-4784 as Exhibit A.

FISCAL IMPACT
The projected fiscal impact of implementing the MSA MOU for the period July 1, 2024, through June 30, 2027, is $1,833,184. This includes vacant positions authorized in the current budget. A budget adjustment for FY 2024/25 was included in the FY 2024/25 Budget Update approved by the City Council on August 20, 2024.

The fiscal impact for FY 2025/26 and 2026/27 will be included in the next proposed biennial budget.

FY 2024/25 $297,755
FY 2025/26 $636,992
FY 2026/27 $898,437
Total $1,833,184

ATTACHMENTS

1. Resolution No. 24-4784
CITY OF MURRIETA Printed on 8/29/2024Page 3 of 3
powered by Legistar™
708
1 RESOLUTION NO. 24-4784

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

CALIFORNIA, APPROVING A TENTATIVE AGREEMENT FOR A SUCCESSOR

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MURRIETA AND THE MURRIETA SUPERVISORS’ ASSOCIATION FOR THE PERIOD JULY 1, 2024 THROUGH JUNE 30, 2027

WHEREAS, the City of Murrieta (“City”) endeavors to recruit and retain the most qualified and talented employees to serve its citizens; and

WHEREAS, the compensation and benefits offered by the City to its employees are designed to aid in the City’s employee recruitment and retention efforts; and

WHEREAS, Section 36506 of the California Government Code requires that a city council fix the compensation of all appointive officers and employees by resolution or ordinance; and

WHEREAS, the Memorandum of Understanding (“MOU”) between the City and the Murrieta Supervisors’ Association (“MSA”), adopted by City Council Resolution No. 23- 4706, covering the period July 1, 2022 through June 30, 2024 (“MSA MOU 2022-24”) expired June 30, 2024; and

WHEREAS, the City and MSA have met and conferred in good faith and have prepared a written Tentative Agreement on a fair and equitable package of compensation and benefits for a successor MSA MOU for the period July 1, 2024 through June 30, 2027 (“MSA MOU 2024-27”) subject to MSA ratification and City Council approval, pursuant to the Meyers-Milias-Brown Act (“MMBA”) (Government Code sections 3500-3511) and the City's Employer-Employee Relations Resolution No. 93-214; and

WHEREAS, the members of the MSA have voted to ratify the Tentative Agreement and the labor representatives of the City and the MSA have executed the Tentative Agreement, which is still subject to City Council approval; and

WHEREAS, the MMBA provides in Section 3505.1:

WHEREAS, once the City Council adopts the Tentative Agreement for the MSA MOU 2024-27, the parties are required to jointly prepare a written MOU to present to City Council at a 709
2 later date for consideration, adoption, and implementation consistent with the Tentative Agreement; and

WHEREAS, once approved by the City Council, the Tentative Agreement and the successor MSA MOU 2024-27 become binding agreements between the parties, each in their own right; and

WHEREAS, the City Council having considered the Tentative Agreement desires to accept, adopt and implement the Tentative Agreement for the successor MSA MOU 2024-27.

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

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

Section 2. T he executed Tentative Agreement for a successor MSA MOU for the period of July 1, 2024 – June 30, 2027, a fully executed copy of which is attached hereto as Exhibit A, is accepted, approved, adopted, and implemented as stated therein.

Section 3. The labor representatives of the City and MSA are directed to jointly prepare a written memorandum of understanding in accordance with the Tentative Agreement and present same to the City Council at a future date for its consideration and approval.

Section 4. In anticipation of the successful completion of the negotiation, t he Fiscal Year 2024/25 Operating Budget was amended on August 20, 2024, to reflect the increased compensation and benefits authorized by the Tentative Agreement for a successor MSA MOU 2024-27.

Section 5. The City Clerk shall certify the adoption of this Resolution and deem it effective and implemented as of September 3, 2024, the same shall be in full force and effect.

PASSED, ADOPTED, AND ADOPTED this 3
rd day of September 2024, by the City Council of
the City of Murrieta, State of California.

Lori Stone, Mayor

710
3 ATTEST:

Cristal McDonald, City Clerk

APPROVED AS TO FORM:

Tiffany 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 Resolution No. 24-4784 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 3 rd day of September, 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

711
Exhibit A
712
713
714
715
716
717
718
719
720
721
722
723
724
725

CITY OF MURRIETA
City Council Meeting Agenda
Report
9/3/2024
Agenda Item No. 19.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kim Summers, City Manager
PREPARED BY: Diego Chavez, Administrative Services Director SUBJECT:

Updated Murrieta Management, Professional, and Confidential Employees’ Compensation Plan

RECOMMENDATION
Adopt Resolution No. 24-4785 entitled: A Resolution of the City Council of the City of Murrieta, California, Approving an Updated Murrieta Management, Professional, and Confidential Employees’ Compensation Plan.

PRIOR ACTION/VOTE
On July 2, 2024, the City Council adopted Resolution 24-4772, approving an updated Murrieta Management and Confidential Employees’ Compensation Plan (Vote: 5-0).

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

BACKGROUND
The compensation and benefits for the City’s Management, Professional, and Confidential employees are provided in the “Management and Confidential Employee’sCompensation Plan” (M&C Compensation Plan).

The M&C Compensation Plan is adopted by resolution of the City Council. The M&C Compensation Plan covers approximately 62 different classifications and 77 authorized positions.

The M&C Compensation Plan was most recently amended on July 2, 2024. An updated M&C Compensation Plan has been prepared for the City Council’sconsideration. If adopted, the updated plan would supersede and replace the M&C Compensation Plan approved by the City Council on July 2, 2024. This updated document reflects the following changes:

Miscellaneous Clean-up Edits / Amendments.

1. The plan's name was changed from Management and Confidential Employees’Compensation Plan to Management, Professional, and Confidential Employees’ Compensation Plan (MPC Compensation CITY OF MURRIETA Printed on 8/29/2024Page 1 of 2
powered by Legistar™
726
9/3/2024
Agenda Item No. 19.

Management, Professional, and Confidential Employees’ Compensation Plan (MPC Compensation Plan) to reflect the types of employees covered under the plan more accurately. The document was updated to add “Professional” employees throughout.

2. The Community Services Director was added to the list of Department Heads.

3. The Assistant Management Analyst position was deleted from the list of Management positions. This position was inadvertently listed in two sections.

4. The Deputy Fire Chief, and Fire Marshal were added to the list of classifications that are provided with a vehicle to match practice.

5. Dates and grammar throughout the Compensation Plan were updated.

Compensation and Benefits Increases for City Council Consideration.

1. The monthly health contribution amount was increased from $1,747.83 to $1,891.28, effective January 1, 2025.

2. A Cost-of-Living-Adjustment (COLA) to base pay for Fiscal Year 2025/26 and 2026/27 was added as follows:
a. Effective the first pay period in FY 2025/26, employees shall be granted a COLA in base pay equivalent to the lesser of either four percent (4%) or the percentage change of the 2024 Annual Consumer Price Index for all Urban Consumers (CPI-U) not seasonally adjusted for the Riverside-San Bernardino-Ontario area. If the CPI-U percentage change is negative, then the COLA shall be zero percent (0%).
b. Effective the first pay period in FY 2026/27, employees shall be granted a COLA in base pay equivalent to the lesser of either the percentage change of the 2025 Annual Consumer Price Index for all Urban Consumers (CPI-U) not seasonally adjusted for the Riverside-San Bernardino-Ontario area, or the percentage change, year-over-year between audited fiscal years 2023/24 and 2024/25, in Recurring Revenue of the City’sprimary Operating Funds (as defined by the City), but not to exceed four percent (4%) or be less than two percent (2%). If the CPI-U percentage change is negative or the change in Recurring Revenue is below zero percent (0%), then the COLA shall still be no lower than two percent (2%).

FISCAL IMPACT
The fiscal impact of approving the proposed MPC Compensation Plan for FY 2024/25 is $57,668, and is estimated to be $1,114,421 for FY 2025/26, and $1,552,810 for FY 2026/27. The FY 2024/25 monthly health contribution costs will be incorporated into the Operating Budget during an upcoming Budget Update. The FY 2025/26 and FY 2026/27 costs will be added to the next Biennial Budget.

ATTACHMENTS

1. Resolution No. 24-4785
CITY OF MURRIETA Printed on 8/29/2024Page 2 of 2
powered by Legistar™
727

RESOLUTION NO. 24-4785

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MURRIETA, CALIFORNIA, APPROVING AN UPDATED MURRIETA

MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL
EMPLOYEES’ COMPENSATION PLAN

WHEREAS, on October 15, 2019, the City of Murrieta (“City”) City Council adopted Resolution No. 19- 4171, approving the Management and Confidential Employees Compensation Plan (the “Plan”) establishing the level of compensation and benefits for the City’s Management and Confidential Employees group (“M&C”), effective October 16, 2019; and

WHEREAS , on May 4, 2021, the City Council adopted Resolution No. 21- 4392, approving amendments to the Plan; and

WHEREAS , on August 16, 2022, the City Council adopted Resolution 22 -4606 authorizing updates to the benefits provided for in the Plan, although amendments were not incorporated into the Plan at that time; and

WHEREAS , on July 2, 2024 , the City Council adopted Resolution 24-4772 approving an updated Plan; and

WHEREAS, the City’s City Council now desires to adopt an updated Plan to i) update the Plan title to the Management, Professional, and Confidential Employees’ Compensation Plan (“MPC Compensation Plan”) ; and ii) make miscellaneous clean -ups and amendments to make the Plan current; and iii) increase the monthly health contribution amount to $1,891.28, effective January 1, 2025; and iv) provide a cost-of-living-adjustment in FY 2025/26 equivalent to the lesser of four (4%) or the percent change of the 2024 Annual Consumer Price Index defined in the Plan; and v) provide a cost-of-living-adjustment in FY 2026/27 equivalent to the lesser of the percent change of the 2025 Annual Consumer Price Index defined in the plan, or the percent change , year-over-year between audited fiscal years 2023/24 and 2024/25, in Recurring Revenue of the City’s primary Operting Funds (as defined by the City), but not to exceed four percent (4%) or be less than two percent (2%).

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

Section 1. That the updated and retitled Management, Professional, and Confidential Employees Compensation Plan attached hereto as Exhibit A is adopted and shall be effective September 3, 2024. The Management, Professional, and Confidential Employees Compensation Plan shall supersede and replace the Management and Confidential Employees Compensation Plan that was adopted on July 2, 2024.

Section 2. This resolution shall be effective upon its adoption.

PASSED, APPROVED, AND ADOPTED this 3rd day of September 2024, by the City Council of the City of Murrieta, State of California.

728

Lori Stone, Mayor

ATTEST:

Cristal McDonald, City Clerk

APPROVED AS TO FORM:

Tiffany 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 Resolution No. 24-4785 was duly adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 3rd day of September, 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
729

Exhibit A
730
01375.0004/1010935.1

CITY OF MURRIETA

MANAGEMENT, PROFESSIONAL,

AND CONFIDENTIAL EMPLOYEES

COMPENSATION PLAN

UPDATED SEPTEMBER 3, 2024
731
01375.0004/1010935.1

THE CITY OF MURRIETA

MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES

COMPENSATION PLAN
UPDATED SEPTEMBER 3, 2024

SECTION 1.01 INTENT AND PURPOSE ............................................................................... 1 SECTION 1.02 IMPLEMENTATION ........................................................................................ 1 SECTION 1.03 EFFECTIVE DATE ......................................................................................... 1 SECTION 1.04 CLASSIFICATIONS SUBJECT TO THE MPC PLAN ............................... 1 SECTION 1.06 AT-WILL EMPLOYMENT STATUS ............................................................. 3 SECTION 1.07 LEAVES - JURY, MILITARY, EDUCATION, ANNUAL, SICK, ADMINISTRATIVE, AND LEAVE OF ABSENCE. .................................................................. 4 SECTION 1.08 HOLIDAYS ....................................................................................................... 9 SECTION 1.09 SUBSTANCE ABUSE POLICY .................................................................. 11 SECTION 1.10 WORK SCHEDULES ................................................................................... 12 SECTION 1.11 ON-CALL PROGRAM .................................................................................. 12 SECTION 2.0 COMPENSATION ......................................................................................... 12 SECTION 2.1 457(b) DEFERRED COMPENSATION MATCH ...................................... 13 SECTION 2.2 401(a) RETIREMENT PLAN ....................................................................... 13 SECTION 2.4 AUTO ALLOWANCE .................................................................................... 13 SECTION 2.5 UNIFORM ALLOWANCE ............................................................................ 14 SECTION 2.6 SPANISH LANGUAGE PAY ....................................................................... 14 SECTION 2.7 CELL PHONE ALLOWANCE AND REIMBURSEMENT ........................ 14 SECTION 2.8 TEMPORARY ASSIGNMENT PAY ........................................................... 14 SECTION 2.10 HEALTH INSURANCE BENEFITS ............................................................ 15 SECTION 2.11 RETIREE MEDICAL ..................................................................................... 16 SECTION 2.13 LONG TERM DISABILITY: .......................................................................... 18 SECTION 2.14 SHORT TERM DISABILITY: ....................................................................... 18 SECTION 2.15 PUBLIC EMPLOYEES RETIREMENT SYSTEM: ................................... 18 SECTION 2.16 TUITION REIMBURSEMENT PROGRAM ............................................... 19 SECTION 2.17 OTHER ITEMS .............................................................................................. 20

732

MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES’ COMPENSATION PLAN Updated September 3, 2024

Page 1 ends

Murrieta City CouncilSeptember 3, 2024

Murrieta City Council
September 3, 2024