RR 5/08/09
2 PASSED AND ADOPTED this 17th day of March, 2026.
____________________________
Jon Levell, Mayor
ATTEST:
_____________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
_____________________________
Tiffany J. Israel, City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 26-4919 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 17th day of March, 2026, 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
541
F025
FOR FEDERAL-AID PROJECTS NO 08-5464F15
0820000166
December 02, 2025
08-RIV-0-MRTA
HSIPL-5464(033)
5464
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 12/26/2018 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.
Five uncontrolled mid-block crosswalk locations near four school sites.
Install in-pavement LED lighted crosswalks and curb ramps. 0.0(MILES) Federal FundsEstimated Cost Matching Funds
YS70 $247,435.00
CITY OF MURRIETA
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to
ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:
Location:
Project Number:
E.A. Number:
Locode:
PROJECT LOCATION:
TYPE OF WORK: LENGTH:
LOCAL OTHER
$644,792.03 $397,357.03 $0.00
Chief, Office of Project Management Oversight
STATE OF CALIFORNIA
Department of Transportation
$247,435.00
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SPECIAL COVENANTS OR REMARKS
08-RIV-0-MRTA
HSIPL-5464(033)
1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.
Failure to do so will cause a delay in the State processing invoices for the construction phase.
Attention is directed to Section 15.6 "Award Package" of the Local Assistance Procedures Manual.
E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.
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F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.
H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. 3Page of 7Program Supplement 08-5464F15-F025- ISTEA
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2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.
B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.
D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. 4Page of 7Program Supplement 08-5464F15-F025- ISTEA
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HSIPL-5464(033)
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.
I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:
ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.
All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system
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of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.
O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.
3. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
Pertinent Nondiscrimination Authorities:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as 6Page of 7Program Supplement 08-5464F15-F025- ISTEA
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amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
K. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 7Page of 7Program Supplement 08-5464F15-F025- ISTEA
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ALTA MURRIETA
ELEMENTARY
COLE CANYON
ELEMENTARY
RAIL RANCH
ELEMENTARY
AVAXAT
ELEMENTARY
ELM ST
STEPP RD
ADAM
S AVE
ELM ST
MC
ELWAIN
RD
NUTMEG ST
LEMON ST
FIG ST
LINC
OLN
AVE
AL
TA
MURR
IETADR
VINEYARD PKY
CALLE DELOSO ORO
JACKSON
AVE
LAS BRISAS RD
JACKSON AVE
NUTMEG ST
CALIFORNIA
OAKSRD
HANCOCKAVE
MADISO
N A
VE
WHITEWOOD RD
CLINTON KEITH RD
LOSALAMOS RD
ADAMSAVE
15 215
MF-2
15 215
Overview Map
F
In-Pavement LED Lighted Crosswalks
(CIP 13034) 2/12/26
Attachment
0 1 20.5
Miles
Vicinity
Map
G:\GISData\Departments\Engineering\Projectfiles_26\VicinityMap2026.aprx Legend
Proposed In-
Pavement Crosswalk
Location
School
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CITY OF MURRIETA
City Council Meeting Agenda
Report
3/17/2026
Agenda Item No. 17.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Public Works Director
PREPARED BY: James Ozouf, Senior Civil Engineer, CIP
SUBJECT:
Parcel Charge for National Pollution Discharge Elimination System Program
ABSTRACT
Adoption of Resolution No. 26-4920 will allow the City of Murrieta to continue its participation in the Community Service Area 152 program. The County of Riverside will continue levying an annual parcel charge on each developed parcel within the City. Levies collected are used for maintenance of storm drains, catch basins, and street sweeping.
RECOMMENDATION
Adopt Resolution No. 26-4920, entitled: A Resolution of the City Council of Murrieta, California, Requesting that the County of Riverside Levy the Fiscal Year 2026/27 Community Service Area 152 Parcel Charge and Requesting Continued Participation in Community Service Area 152; Direct the City Clerk to certify approval of the resolution and submit a certified copy to the County of Riverside; and
Amend the Fiscal Year 2026/27 Operating Budget to match the estimated levy amount.
PRIOR ACTION/VOTE
On March 15, 2022, the City Council adopted Resolution No. 22-4533, requesting that the County of Riverside continue collecting the parcel charge in the amount of $10 per Benefit Assessment Unit (Vote: 5-0).
On April 4, 2023, the City Council adopted Resolution No. 23-4656, requesting that the County of Riverside continue collecting the parcel charge in the amount of $10 per Benefit Assessment Unit (Vote: 5-0).
On April 2, 2024, the City Council adopted Resolution No. 24-4729, requesting that the County of Riverside continue collecting the parcel charge in the amount of $10 per Benefit Assessment Unit (Vote: 5-0).
On March 4, 2025, the City Council adopted Resolution No. 25-4813, requesting that the County of Riverside continue collecting the parcel charge in the amount of $10 per Benefit Assessment Unit (Vote: 5-0).
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Agenda Item No. 17.
STRATEGIC ALIGNMENT
The City Council’sgoal of planning, programming and creating infrastructure development is associated with this administrative priority.
DISCUSSION
The National Pollutant Discharge Elimination System (NPDES) is a permit program, regulated by the U.S.
Environmental Protection Agency, addressing water pollution by regulating point sources that discharge pollutants to waters of the United States. In 1993, the City of Murrieta (City) annexed into Community Service Area (CSA) 152 to fund the City’sparticipation in the NPDES program. Following the passage of Proposition 218 on November 5, 1996, the County of Riverside has continued to allow CSA 152 to be utilized by the City, provided that the following requirements are met:
· An annual parcel charge will be levied;
· The parcel charge to be levied meets the requirements of Proposition 218; and · Annually, the City passes a resolution requesting continued participation in CSA 152.
In accordance with Proposition 218, the number of Benefit Assessment Units (BAU) has been assigned to each parcel based on the land use of the parcel and the anticipated benefits received. The number of BAUs per parcel is dependent on the usage. The County of Riverside has established a formula that has been used to ensure the parcel charge complies with Proposition 218. The $10 per BAU parcel charge is the same as the one levied in the previous fiscal year and is capped by Proposition 218. All developed parcels within the City will pay the same levy charge of $10 per Benefit Assessment Unit. For Fiscal Year (FY) 2025/26, 33,220 assessor parcels were assessed, for a total assessment amount of $546,772.19.
For FY 2026/27, it is estimated that 33,475 parcels will be assessed due to additional parcels being developed, and it is estimated that the assessed amount will be approximately $552,000.
Each year, in accordance with the administrative services agreement with the County of Riverside, 6% of the total assessed amount is paid to the County of Riverside to carry out administrative services. The City is expected to receive the remaining amount of approximately $519,000, which will be utilized for maintenance of storm drains, catch basins, and street sweeping in the City. The funds are also used to finance the implementation agreement with Riverside County Flood Control District, which satisfies some of the NPDES permit requirements as governed by the San Diego Regional Water Quality Control Board.
PUBLIC NOTICING
This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
CEQA AND REGULATORY OVERVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly.
FISCAL IMPACT
The parcel charge of $10 per Benefit Assessment Unit (BAU) is projected to generate approximately $519,000 for the City. The projected revenue is budgeted in the FY 2026/27 Operating Budget in the NPDES fund account. Staff recommends an amendment to the FY 2026/27 Operating Budget based on the FY 2026/27 CITY OF MURRIETA Printed on 3/12/2026Page 2 of 3
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Agenda Item No. 17.
assessment.
ATTACHMENTS
ATT 1 - Resolution No. 26-4920
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01375.0024/867835.1
RESOLUTION NO. 26-4920
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MURRIETA, CALIFORNIA, REQUESTING THAT TH E COUNTY OF
RIVERSIDE LEVY THE FISCAL YEAR 2026/27 COMMUNITY SERVICE AREA 152 PARCEL CHARGE AND REQUESTING CONTINUED
PARTICIPATION IN COMMUNITY SERVICE AREA 152
WHEREAS, the County of Riverside (“County”) has established a Community Service Area, CSA 152, for the purpose of collecting parcel charges for services within its boundaries; and
WHEREAS, the City of Murrieta (“City”), in order to fund its participation in the National Pollutant Discharge Elimination System (“NPDES”), annexed into CSA 152 in 1993; and
WHEREAS, the levy of assessments within CSA 152 is subject to the provisions of Proposition 218, which passed in the statewide election held November 5, 1996; and
WHEREAS, the County has agreed to continue to allow the CSA 152 funding vehicle to be utilized by participating cities so long as the parcel charge to be levied meets the requirements of Proposition 218 and cities adopt an annual resolution requesting continued participation in CSA 152 and requesting the levy of the parcel charge each new fiscal year; and
WHEREAS, the City has determined that the proposed CSA 152 parcel charge is a benefit assessment under Proposition 218; and
WHEREAS, the City has complied with Article XIIID of the State Constitution regarding the imposition of assessments; and
WHEREAS, the City desires to continue a parcel levy of $10.00 per Benefit Assessment Unit in Fiscal Year 2026/27 -- the same amount levied during the Fiscal Year 2025/26 -- to fund the requirements of the NPDES permit imposed by the Environmental Protection Agency and Regional Water Quality Control Boards.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the City of Murrieta requests continued participation in CSA 152.
Section 2. That the City of Murrieta requests that the County of Rive rside levy a Fiscal Year 2026/27 parcel charge in the amount of $10.00 per Benefit Assessment Unit on each developed parcel within the City.
Section 3. That the City Clerk is directed to certify approval of the Resolution and to submit a certified copy to the County of Riverside.
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Resolution No. 26-4920
01375.0024/867835.1
PASSED AND ADOPTED this 17th day of March, 2026.
_____________________________
Jon Levell, 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. 26-4920 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 17th day of March, 2026, 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
554
CITY OF MURRIETA
City Council Meeting Agenda
Report
3/17/2026
Agenda Item No. 18.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bernard Molloy, Fire Chief
PREPARED BY: Sue Ann Herring, Senior Management Analyst - Fire SUBJECT:
Approve the Purchase of a Type III Brush Truck for Murrieta Fire & Rescue
RECOMMENDATION
Approve the purchase of a Type III Brush Truck through a cooperative purchasing program in accordance with Municipal Code Section 3.08.295;
Establish an appropriation in the fiscal year of delivery in the Fleet Replacement Program Fund to fund costs associated with the purchase and upfitting of the Type III Brush Truck; and Authorize the City Manager to approve the South Coast Fire Equipment proposal, zero-dollar purchase order, and any other necessary documents to initiate the construction and procurement of the Type III Brush Truck.
PRIOR ACTION/VOTE
On June 3. 2025, the City Council of the City of Murrieta adopted Joint Resolution No. 25-4836, approving the Fiscal Year 2025/26 Capital Improvement Plan budget, and approving the Capital Improvement Plan for Fiscal Years 2025/26 to 2029/30 (Vote:5-0)
CITY COUNCIL GOAL
Coordinate and deliver responsive, effective community services.
DISCUSSION
Murrieta Fire & Rescue (MFR) is requesting to purchase a Type III Brush Truck from South Coast Fire Equipment and the necessary upfitting from Johnson Equipment, Motorola Radio Solutions, and LN Curtis through the HGAC cooperative purchasing contract, which allows the City to obtain competitively bid pricing from a nationwide government procurement program. The new truck will replace Brush 4, currently located in Fire Station 4, which has reached the end of its service life.
Under Murrieta Municipal Code 3.08.295 (Cooperative Purchasing), the City Council may use cooperative purchasing programs to acquire equipment. This replacement is part of MFR’sCapital Vehicle Replacement schedule, as was identified as an unfunded project in the Fiscal Year 2025/26 Capital Improvement Project CITY OF MURRIETA Printed on 3/12/2026Page 1 of 2
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Agenda Item No. 18.
schedule, as was identified as an unfunded project in the Fiscal Year 2025/26 Capital Improvement Project budget and Capital Improvement Plan for Fiscal Years 2025/26 to 2029/30.
The Type III Brush Truck will cost $788,531.20, which includes a $40,000 contingency for potential change orders or contract force majeure, plus approximately $123,380 for upfitting equipment, for a total cost of $911,911.20. Funding for the Type III Brush Truck will come from an annual allocation from the Measure T Fund into the Vehicle Replacement Fund as part of the vehicle replacement program. MFR requests to use the Fleet Replacement Program Funds to fund these costs. The full budget will be appropriated in the fiscal year in which the truck is scheduled to be delivered.
The construction of the Type III Brush Truck is estimated to take approximately 30 to 36 months, with delivery anticipated in Fiscal Year 2028/29. While prepayment is not required, a purchase order (PO) must be issued to initiate the construction process with South Coast Fire Equipment. MFR can issue a zero-dollar PO to document the purchase price and estimated construction timeline until the appropriate budget year is adopted in the applicable fiscal year. Upfitting equipment will be purchased as the truck nears completion.
FISCAL IMPACT
There is no immediate fiscal impact associated with this action, and no budget appropriation is needed in Fiscal Year 2025/26, as the purchase order will be issued as a zero-dollar PO.
As part of the upcoming Biennial Operating Budget process for Fiscal Years 2027/28 and 2028/29, $911,911.20 will be budgeted in the Fleet Replacement Program Fund (Account 7158200-71060) to fund the Type III Brush Truck purchase. This budget will cover the $788,531.20 construction cost, which includes a $40,000 contingency, from South Coast Fire Equipment, as well as approximately $123,380 in upfitting costs from Johnson Equipment, Motorola Radio Solutions, and LN Curtis.
ATTACHMENTS
ATT 1 - South Coast Fire Equipment Proposal for the Type III Brush Truck CITY OF MURRIETA Printed on 3/12/2026Page 2 of 2
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556
Extension
( 1 )
725,076.51$
Sales Tax @ 8.750% 63,444.19$
788,520.70$
Performance Bond -$
California Tire Fee 10.50$
Consortium Fee Not Applicable -$
788,531.20$
The above proposal price shall be valid until or extended in writing by South Coast Fire Equipment.
Said apparatus and equipment are to be built by the manfacturer and shipped in accordance with the specifications hereto attached, delays due to strikes, war or international conflict, failures to obtain chassis, materials, inability to obtain labor, supplies or manufacturing facilities, epidemics, acts of God, or causes beyond our control not preventing, delivery would be 30-36 Months months after receipt of this order and acceptance thereof at our office in Corona, California, and deliver to you at
PROPOSAL FOR FURNISHING FIRE APPARATUS
for final acceptance by South Coast Fire Equipment, Inc., at its corporate office in Corona, California, Each
February 4, 2026
Murrieta, City of
The undersigned is prepared to provide for you, our customer, upon an order being placed by you, the apparatus and equipment herein named and for the following prices:
0 0
One
. The buyer must make the payment
within 15 days to obtain the full discount. Payments not received with in the 15 days are subject to an adjustment to the Total Purchase Price for the prepayment. 725,076.51$
BME Type 3, Targhee
63,444.19$
-$
TOTAL PURCHASE PRICE
-$
03/19/26
Payment Terms - Payment is due of the Total Purchase Price at time of delivery. Changes to the specifications since the time of order can added to the Total Purchase Price or invoiced on a separate invoice. The final sales tax amount will be determined at time of delivery based on the tax rate at that time. An increase or decrease in cost will be reflected on the final invoice.
If the customer would desire to pay for the apparatus within 15 days of the purchase order being accepted the
APPARATUS COST WITH TAX
10.50$
Not Required
788,520.70$
788,531.20$
If the customer so desires to purchase the Product described in the Proposal and the attached specifications, prior to the expiration date listed above, the Customer shall sign and return this proposal. The Customer can then provide their choice of document for entering into the agreement by providing a Purchase Order, or signing a Contract with South Coast Fire Equipment, 3150 Palisades Dr. Corona, CA 82878 as the seller.
Murrieta, Ca
Total Purchase Price would be reduced to $788,531.20
The specifications herein contained shall form a part of the final contract and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterrations do not matterially affect the cost of the construction of the apparaus
557
The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) guidelines for Automotive Fire Apparatus as published at time of bid, except as modified by customer specifications Any increased costs incurred by the first party because of future changes in or additoinas to said DOT or NFPA standards will be passed along to the customer as an addition to the price set forth above. Unless accepted within 30 days from the specified date, the right is reserved to withdraw this proposition.
Respectfully Submitted,
South Coast Fire Equipment, Inc.
Sales Representative Signature:____________________________________ Title:_______________ Date:____________________
I, ___________________ authorized representative of
________________________ agrees to purchase the
proposed product(s) and agree to the terms and conditions of this proposal and the specifications hereto attached.
The Seller will document any such updated price for the customer's approval before proceeding and provide an option to cancel the order without charge if the updated price is not accepted.
Brian Root
Force Majeure - South Coast Fire Equipment shall not be responsible nor deemed to be in default on accountof delays in performance due to causes which are beyond the seller's and manufacturer's control and make the seller's performance impracticable, including but not limited to wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, acts of God or the public enemy or terrorisim, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similiar to those within the scope of the clause) to perform their contracts or labor troubles causing cessation, slowdow, or interruption of work.
Cancellation/Termination. In the event this Agreement is cancelled or terminated by a party before completion, South Coast Fire Equipment (SCFE) may charge a cancellation fee. The following charge schedule based on costs incurred may be applied: (a) 10% of the Purchase Price after order is accepted and entered by Manufacturer; (b) 20% of the Purchase Price after completion of approval drawings, and; (c) 30% of the Purchase Price upon any material requisition. The cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing. SCFE endeavors to mitigate any such costs through the sale of such Product to another purchaser; however Customer shall remain liable for the difference between the Purchase Price and, if applicable, the sale price obtained by SCFE upon sale of the Product to another purchaser, plus any costs incurred by SCFE to conduct any such sale.
Due to global supply chain constraints, any delivery date contained herein is a good faith estimate as of the date of this order/contract, and merely an approximation based on current information. Delivery updates will be made available, and a final firm delivery date will be provided as soon as possible.
Persistent Inflationary Environment: If the Producer Price Index of Components for Manufacturing (www.bls.gov Series ID: WPUID6112) ("PPI") has increased at a compounded annual growth rate of 5.0% or more between the month Pierce accepts the order (Order Month") and a month 14 months prior to the then predicted Ready For Pickup date ("Evalution Month"), then pricing may be updated in an amount equal to the increase in PPI over 5.0% for each year or fractional year between the Order Month and the Evaluation Month. 558
CITY OF MURRIETA
City Council Meeting Agenda
Report
3/17/2026
Agenda Item No. 19.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Justin Clifton, City Manager
PREPARED BY: Kristen Crane, Assistant City Manager
SUBJECT:
Consideration of Request for City Financial Contribution to Mt. San Jacinto College Foundation in Honor of Retirement of Superintendent/President Dr. Roger Schultz
ABSTRACT
This report is a follow-up to a request made by Council Member Dr. Lisa DeForest at the March 3, 2026, City Council meeting to bring an item back for future consideration by the full City Council to consider making a financial contribution to the Mt. San Jacinto College (MSJC) Foundation in honor of the upcoming retirement of Superintendent/President Dr. Roger Schultz. The consensus of the City Council was to bring this item back for discussion and consideration.
RECOMMENDATION
Review the request, discuss, and provide direction to staff; and If City Council approves a financial contribution to the Mt. San Jacinto College (MSJC) Foundation, amend the Fiscal Year (FY) 2025/26 Operating budget using unassigned fund balance as described in the Fiscal Impact.
PRIOR ACTION/VOTE
None.
STRATEGIC ALIGNMENT
The City Council’sgoal to aggressively pursue economic development is associated with this item. This item is not currently listed as part of the City Council priorities.
DISCUSSION
At the March 3, 2026, City Council meeting, City Council Member Dr. Lisa DeForest requested to bring an item back for consideration by the full City Council for the City to discuss making a financial contribution to the Mt.
San Jacinto College (MSJC) Foundation in honor of the upcoming retirement of Superintendent/President Dr.
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Agenda Item No. 19.
San Jacinto College (MSJC) Foundation in honor of the upcoming retirement of Superintendent/President Dr.
Roger Schultz in June 2026 after 25 years of service. The MSJC Foundation has launched a Tribute Campaign honoring his leadership and regional impact. The campaign goal is $100,000 before his retirement, supporting both student success initiatives (e.g., scholarships) (25%) and development of the future MSJC University Center (75%). Attachment 1 provides more context on the campaign and lists the categories and levels of sponsorship.
MSJC is the community college district that serves the City of Murrieta. The vision for the MSJC University Center is to build-out the existing but vacant second tower at the MSJC Temecula Valley Campus to house four-year higher education degree programs in partnership with various universities. This would expand access to higher education in the region. Attachment 2 is an informational brochure about the University Center.
PUBLIC NOTICING
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
CEQA AND REGULATORY OVERVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly.
FISCAL IMPACT
If the City Council approves a financial contribution to the Mt. San Jacinto College (MSJC) Foundation, staff recommends an amendment to the FY 2025/26 Operating budget using General Fund unassigned fund balance based on the amount approved by City Council.
ATTACHMENTS
ATT 1 - MSJC Foundation Tribute Campaign Sponsorship Levels ATT 2 - MSJC University Center Informational Brochure
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From: Rebecca Orlauski <[email protected]>
Sent: Monday, March 2, 2026 2:20 PM
To: Lisa DeForest <[email protected]>
Subject: Southwest Higher Education Coalition Partnership: Schultz’s Eagles Nest & Tribute Campaign
Dear Southwest Riverside Higher Education Coalition Partners, On behalf of Mt. San Jacinto College and the MSJC Foundation, thank you for your continued partnership in expanding higher education access and opportunity throughout our region.
As Superintendent/President Roger Schultz prepares to retire in June 2026 after 25 years of service, we have launched the Tribute Campaign honoring his leadership and regional impact. The campaign goal is $100,000 before his retirement, supporting both student success and the MSJC University Center.
We are especially grateful for your partnership in supporting one of our signature campaign events:
Schultz's Eagles Nest: A Speakeasy for Higher Education Friday, March 27, 2026
���� Dueling pianos |
������� Gaming tables | 1920s-themed attire encouraged
This event celebrates President Schultz’s legacy while raising funds to support:
• 25% — Student Success Initiatives
• 75% — MSJC University Center Endowment, expanding local bachelor’s degree pathways
Dr. Schultz has launched the campaign with a personal gift of $10,000, and Trustee Calvin Smith and his wife Debbie have contributed $5,000, helping build early momentum toward our goal.
�� Coalition Sponsorship Opportunity - University Center Support As regional partners committed to educational access and workforce development, we invite Coalition members to consider event sponsorship or campaign support as a visible demonstration of our shared commitment to higher education in Southwest Riverside County.
Sponsorship opportunities provide recognition at the event and alignment with a regional effort that strengthens student pathways and economic vitality.
How You Can Support
• Attend Schultz’s Eagles Nest
• Share the event and campaign with your networks
• Explore sponsorship opportunities
• Consider a campaign contribution 561
Your partnership reflects the collaborative leadership that defines this Coalition. Together, we can honor President Schultz’s service while continuing the important work of expanding opportunity across our region.
With appreciation,
Rebecca
Rebecca Orlauski
Director of Foundation and Donor Initiatives
Mt. San Jacinto College
[email protected]
951.639-5171 Office
951.719.4761 Cell
S
ponsorship Levels & Benefits
Benefit Legacy
($25,000)
Visionary
($15,000)
Champion
($10,000)
Community
($5,000)
Event
($2,500)
Commencement
Recognition (May
2026 – Pechanga)
✔ ✔ ✔ – –
Presenting / Naming
Opportunities
Priority ✔ ✔ – –
On-Campus &
Student Engagement
✔ ✔ ✔ – –
Donor Wall
Recognition
Prominent Prominent Prominent ✔ –
Campaign & Event
Recognition
✔ ✔ ✔ ✔ Program
Only
Podium Recognition
(Events)
✔ ✔ ✔ – –
Reserved / VIP Seating VIP VIP Reserved – –
Total Tickets 20 (10 per
event)
16 (8 per
event)
12 (6 per
event)
8 (4 per
event)
4 Events Included Both Both Both Both One
562
563
564
565
566
567
CITY OF MURRIETA
City Council Meeting Agenda
Report
3/17/2026
Agenda Item No. 20.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Scott Agajanian, Economic Development Director
PREPARED BY: Martha Coleman, Management Analyst - Economic Development SUBJECT:
Approval of a Billboard Reconstruction Agreement with Domenigoni Barton Properties
RECOMMENDATION
Approve the Billboard Reconstruction Agreement between the City of Murrieta and Domenigoni Barton Properties, LLC, authorizing the removal of two existing, legal, non-conforming billboards and the reconstruction of two new billboards on the Developer’s property; Authorize the City Manager to execute the Agreement; and Authorize the City Manager to execute a license agreement for the billboards to be located on City right-of-way on The Triangle site.
PRIOR ACTION/VOTE
On September 16, 2025, the City Council adopted Ordinance No. 623-25 approving a Development Agreement with Domenigoni Barton Properties, LLC for development of The Shops at The Triangle. The Development Agreement was executed on September 18, 2025, and recorded on October 30, 2025, as Instrument No. 2025-0335757 of the Official Records of the County of Riverside California (Vote: 5-0).
CITY COUNCIL GOAL
Aggressively pursue economic development.
DISCUSSION
The proposed Reconstruction Agreement provides a framework for removal of two existing legal non- conforming billboards currently located on the Developer’sproperty and authorizes reconstruction of two new billboards, subject to Development Approvals, including sign permits, building permits, CEQA compliance, and any required approvals from Caltrans and other agencies.
The Agreement requires permanent removal of the existing “North Billboard” and “South Billboard” prior to issuance of building permits for the corresponding new structures. Removal must occur in compliance with all CITY OF MURRIETA Printed on 3/12/2026Page 1 of 2
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Agenda Item No. 20.
issuance of building permits for the corresponding new structures. Removal must occur in compliance with all applicable federal, state, and local regulations. Timing provisions address coordination with Southern California Edison for relocation of power lines affecting the South Billboard. If Development Approvals are not secured within one year, the Agreement terminates.
Upon removal of each existing billboard, the Developer may construct a new billboard at locations identified in the Agreement exhibits, including the option for single- or double-sided digital displays at the maximum size permitted by law. The City Council findings confirm the Agreement is consistent with the General Plan and Municipal Code, improves community aesthetics through modernization of outdated structures, and does not create traffic or safety concerns.
The Agreement includes a revenue-sharing provision under which the City will receive an Annual Fee beginning fifteen (15) years after each new billboard begins generating revenue. The City will receive either 25% or 30% of net advertising revenue (gross revenue less maintenance costs), depending on whether a Certificate of Occupancy for commercial use has been issued at the project site. The Annual Fee may be tolled during operation of a qualifying Class A large-format retailer, as defined in the Agreement.
FISCAL IMPACT
The Agreement is expected to generate long-term revenue to the City through the Annual Fee revenue-sharing provisions beginning fifteen (15) years after each new billboard’s revenue commencement date. This agreement incentivizes large box, high sales tax revenue creating retailers in the Triangle development. The City will also receive in-kind value through Public Service Message display space estimated at $200,000 annually. No direct General Fund expenditure is required for implementation of the Agreement.
ATTACHMENTS
ATT 1 - Billboard Reconstruction Agreement
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Recording Requested By:
The City of Murrieta
And When Recorded Return To:
City Clerk
City of Murrieta
1 Town Square
Murrieta, CA 92562
EXEMPT FROM FILING FEES
PER GOVERNMENT CODE 6103
Space above this line for Recorder’s use only.
BILLBOARD RECONSTRUCTION AGREEMENT
THIS BILLBOARD RECONSTRUCTION AGREEMENT (“the Agreement”) is entered into as of this _____ day of _______________, 202 6 (the “Effective Date”), by and between the City of Murrieta, a public body, corporate and politic (“City”), and Domenigoni Barton Properties, LLC, a Delaware limited liability company, and Tres Estrellas, LLC, a California limited liability company hereinafter designated and collectively called (“Developer”). Hereafter City and Developer are sometimes referred to as “Party” or collectively as “Parties.”
RECITALS
WHEREAS, on September 16, 2025, the City Council for the City adopted Ordinance No. 623-25 approving a Development Agreement with Developer for the development of a regional commercial center known as The Shops at The Triangle (the “Project” or "Developer's Property"); and,
WHEREAS, City and Developer executed the Development Agreement on September 18, 2025, which was recorded on October 30, 2025 as Instrument No. 2025 -0335757 of the Official Records of the County of Riverside California; and,
WHEREAS, there currently exists on Developer’s Property two (2) legal non-conforming billboard advertising structures within the city limits of City (each a n “Existing Billboard” and collectively the “Existing Billboards”); and,
WHEREAS, the California Outdoor Advertising Act, Business and Professions Code, Section 5200, et. seq. (in particular Bus. & Prof. Code Section 5412), encourages local entities and display owners to enter into relocation agreements which allow local entities to continue development in a planned manner without expenditure of public funds while allowing the continued maintenance of private investment and a medium of public communications; and, WHEREAS, the City has entered into a relocation agreement with Lamar Outdoor Advertising ("Lamar") for the demolition of the Billboards with the ability to reconstruct new billboards at other locations outside of the Developer’s Property; and, 570
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WHEREAS, Section 5 of the Development Agreement provides that Developer may apply for billboard relocation agreement pursuant to Title 16 of the Murrieta Municipal Code; and, WHEREAS, the two Billboards contemplated for removal and relocation under the Development Agreement are already the subject of another Development Agreement and Relocation Agreement with Lamar Outdoor Advertising with relocation of such Billboards to a location that is not on Developer’s Property; and,
WHEREAS, the Parties intend hereby to provide for reconstruction of two new Billboards on the Developer’s Property to satisfy the intent of the Development Agreement while ensuring the timely removal of the Existing Billboards; and,
WHEREAS, upon removal of the Existing Billboards the City is willing to authorize the construction of two New Billboards on the Developer’s Property under the conditions set forth herein; and,
WHEREAS, the City and Developer now wish to enter into this Agreement to memorialize the terms and conditions upon which Developer will have the right to reconstruct two New Billboards.
OPERATIVE PROVISIONS
NOW, THEREFORE , in consideration of the foregoing Recitals, which Recitals are incorporated herein by reference, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and consideration of the mutual covenants set forth herein, the Parties hereby agree as follows:
1. Term of Agreement. Unless terminated earlier as provided in this Agreement, this Agreement shall continue in full force and effect for so long as any obligation is owed by either Party pursuant to the terms of this Agreement.
2. Existing Billboard Removal.
a. Permanent Removal of Existing Billboards . Prior to the issuance of any new building permit to erect the New Billboards, the two (2) Existing Billboards identified in Exhibit “A” shall be removed . In the alternative, Developer may obtain a joint building and demotion permit for the simultaneous erection of the New Billboards and Demolition of the existing Billboards, which permit shall not be finalized until all such conditions are met. The Existing Billboards are comprised of the "North Billboard" and the "South Billboard", as depicted on Exhibit "A-1" (the "Site Plan"). Modifications to the Billboard locations on the Site Plan may be approved by the City Manager or its designee. Each of the Existing Billboards currently holds the status of a legal non -conforming use as the term is defined by the City Development Code.
Removal of the Existing Billboards identified in Exhibit "A" shall be in accordance with all applicable federal, state and local regulations. Developer shall, at its sole cost and expense, secure all required permits necessary to remove the Existing Billboards, including but not limited to, the City’s demolition permits.
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b. Timing of Removal . Developer shall remove the Existing Billboards on an ongoing basis as each New Billboard receives its necessary approvals for development. Each removal shall take place within sixty (60) days of the Effective Date of each New Billboard’s Development Approvals, as described in Section 4a below, subject to such reasonably delays by Southern California Edison ("Edison") as may be required to complete the Edison pole relocations related the South Billboard outlined below . For purposes of this Section 2b, the term “Effective Date” means either: (1) the expiration of all administrative appeal periods provided for by the City Development Code and applicable to City approval of City sign permits, or (2) if an appeal is filed, the date upon which either the Planning Commission and/or City Council approval becomes final.
Notwithstanding the foregoing, Developer shall not be entitled to commence construction and installation of the applicable New Billboard prior to the removal of the applicable adjacent Existing Billboard. The Parties acknowledge that the South Billboard is presently located und er active electrical power lines operated by Edison. Developer has applied for the relocation of the Edison power lines and cannot complete the demolition of the South Billboard until such time as the Edison power lines are relocated or other arrangements have been made with Edison. If Developer has not obtained the Development Approvals for the New Billboards, within one (1) year of the date of this Agreement , Developer shall have no obligation to remove any of the Existing Billboards pursuant to the terms of this Agreement and the obligations of the Parties under this Agreement shall terminate and the Agreement shall be of no further force and effect.
3. Construction of New Billboards.
a. New Billboards. Upon the permanent removal of an applicable Existing Billboard, Developer shall be entitled to reconstruct one of the two (2) Billboards upon its property, more specifically described and depicted in Exhibit “B,” (the “New Billboards”). Developer shall be entitled to incorporate either single or double -sided changeable message digital displays into the New Billboards at the maximum size permitted under law. The New Billboards shall be subject to the approval of a sign permit as provided in Section 4b below and development standards and conditions in Exhibit “E”.
b. Findings. The City Council has found that this Agreement is in the public interest of the City and its residents. Adopting this Agreement constitutes a present exercise of the City’s police power, and this Agreement is consistent with the goals, objectives, purposes and provisions of the City’s General Plan and the City of Murrieta Municipal Code. The proposed relocation sites are compatible with the uses and structures on the site and in the surrounding area.
This Agreement is intended to achieve a number of the City’s objectives including the removal of old, obsolete displays to allow for modernized displays, thereby improving the City’s appearance as a whole, without expenditure of public funds, while accommodating continued investment in the City and preservation of expectations of developers and property owners and the use of outdoor advertising as an important medium of communication. The proposed New Billboards would not create a traffic or safety problem with regard to onsite access circulation or visibility, nor would they interfere with onsite parking or landscaping required by City ordinance or permit.
Additionally, the proposed New Billboards conceptual designs promote the character of the City. 572
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Finally, the City Council has found that the proposed New Billboards would not otherwise result in a threat to the general health, safety and welfare of City residents.
4. Development Approvals.
a. Developer shall, at its own expense, secure or cause to be secured all necessary permits and approvals, which may be required by all City, State, or any other governmental agency or utility affected by such construction, development or work to be performed by Developer related to th is Agreement, including, but not limited to, this Agreement and related staff reports and documents, sign permits, building and demolition permits, and all approvals required under CEQA and the State CEQA Guidelines, and all perm its and approvals required from the California Department of Transportation (“Caltrans”) and either a final map or license agreement with the City to the extent the New Billboards are located on public property. (collectively "Development Approvals"). The City Manager is authorized to complete any required license agreement. b. Within one hundred and twenty (120) days of the approval of this Agreement, Developer shall, at its sole cost and expense, submit sign permit application(s), with accompanying fees, to the City Planning Department for the development of the New Billboards . Developer’s ability to construct and install the New Billboards is expressly conditioned upon City approval of a sign permit. The foregoing application shall include the written consent of the property owner if different from the Developer . An applicatio n for a sign permit shall be accompanied by construction drawings reflecting the design detail of the proposed billboards . Upon receipt of an application for a sign permit submitted pursuant to this Agreement, the City Development Services Director shall review the sign permit application to determine whether the design of the proposed billboard(s) is substantially similar to the conceptual designs reflected in Exhibit “ C” attached hereto and incorporated herein by this reference. Developer acknowledges that, in addition to sign permits, Developer must obtain building permits from City prior to construction and installation of the New Billboards.
5. Revenue Sharing . The City acknowledges that five percent (5%) of the gross revenue of each applicable New Billboard shall be allocated to the maintenance expenses, graffiti removal and security costs associated with the applicable New Billboard (the "Maintenance Costs"). As material consideration for City allowing Developer to construct and operate the New Billboards, Developer shall pay the City an annual fee (the "Annual Fee") commencing fifteen (15) years from the date the each applicable New Billboa rd generates revenue (the "Revenue Commencement Date") in the amounts set forth below. The Developer and the City shall execute a Memorandum of Revenue Commencement in the form of Exhibit " D" which will confirm Revenue Commencement Date (the "Memorandum of Revenue Commencement").
A. If a Certificate of Occupancy for a Commercial use at the Project site has been issued within fifteen (15) years from the Revenue Commencement Date , the Developer shall pay to the City a sum equal to twenty-five percent (25%) of the annual gross Advertising Revenue less Maintenance Costs generated by each of the New Billboards (the "Net Advertising Revenue")
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B. If a Certificate of Occupancy for a Commercial use at the Project site has not been issued as of fifteen (15) years from the Revenue Commencement Date, the Developer shall pay to the City a sum equal to thirty percent (30%) of the annual gross Advertising Revenue less Maintenance Costs generated by each of the New Billboards.
Notwithstanding any other provision to the contrary contained herein, the payment of the Annual Fee shall pause (“Tolling Period”) upon the issuance of the first Certificate of Occupancy for a single Class A, large box retailer of at least 150,000 total square feet with not less than 75,000 sq ft of retail floor space that is dedicated to in-store retail sales of general merchandise directly to the public (“Class A Retailer) . Class A retail tenants are defined as national brand, large size, high-credit tenants that drive traffic to high volume retail centers. In the event the last of any Class A Retailer tenant discontinues its use at the Project, the following shall occur:
A. The Annual Fee shall resume effective upon and prorated back to the date of such discontinued use.
B. The Annual Fee shall once again pause upon issuance of a Certificate of Occupancy for a new Class A Retailer starting a new Tolling Period.
C. If Developer provides City with a bona fide letter of intent from another Class A Retailer of its proposed use at the Project, the Annual Fee shall once again pause for a commercially reasonable period of time for construction, remodeling, to remediate damage or destruction, or resulting from force majeure events (such as a pandemic) starting a new Tolling Period . Such pause pursuant to this Subsection C shall not exceed a period of three (3) years, after which the payment of the Annual Fee shall resume.
D. The tolling of any payment of the Annual Fee pursuant to Subsections A-C, above, is intended solely to toll the payment of the Annual Fee during the Tolling Period and shall not relieve Developer of paying the Annual fee for the full and complete fifteen (15) year period contemplated above.
At City’s sole option and solely pursuant a subsequent Memorandum of Understanding between the parties, City may request that its share of such revenue be offset or diverted to incentivize specific uses within the Project.
6. Public Service Messages . As further consideration for the City’s Agreement to allow Developer to develop the New Billboards, City shall be entitled to use of advertising space on the Signs on an “as available” basis ; provided, however, that messages placed by City on the Signs must be limited to non -profit, public service messages (hereinafter “Public Service Messages”). The parties acknowledge that the Developer may utilize any available advertising for on site tenants and goods and services prior to making any excess advertising available for Public Service Messages. The term Public Service Message shall expressly exclude any message advertising any business, company or event where such message would have a direct and tangible economic benefit to a private, for -profit company. The value of the Public Service Messages is estimated to be $200,000 annually.
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For all Public Service Messages, City shall be responsible for providing Developer with the advertising copy. Developer shall not be responsible for producing or substantially modifying any advertising copy for a Public Service Message, and shall have 48 hours after receipt and approval of advertising copy to display the Public Service Message , subject to the availability restrictions and presold advertising commitments.
7. Developer’s Advertising Policy. The Parties acknowledge that public advertising is an important form of public communication. City desires to preserve this type of communication while preserving the character of the community and prevent exposure of its residents to advertising which City’s residents might find offensive . Accordingly, Developer shall be prohibited from displaying such offensive advertising material as set forth in Exhibit “E” and including, but not limited to, advertising for adult businesses, cabarets, strip clubs, lingerie, alcohol (except beer and wine), tobacco products and cannabis products of any kind including CBD products.
8. Indemnity. Developer, as a material part of the consideration to be rendered to City under this Agreement, shall indemnify City, its agents and employees and any successors or assigns to the City’s rights under this Agreement (collectively “City Parties”) and shall hold and save them and each of them harmless from any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (hereinafter “Indemnified Claims and Liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the use and maintenance of the New Billboards by Developer, its officers, agents and employees (collectively “ Developer Parties”), but only to the extent any such Indemnified Claims and Liabilities arise from (a) the failure of Developer to keep such billboards in good condition and repair, (b) the negligent acts or omissions of Developer hereunder, or (c) Developer’s negligent performance of or failure to perf orm any term or covenant of this Agreement, and in connection with the foregoing indemnity:
a. Developer shall defend any action or actions filed in connection with any of said Indemnified Claims and Liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith; b. Developer shall promptly pay any judgment rendered against the City and the City Parties for any such Indemnified Claims and Liabilities; and Developer shall save and hold City and City Parties harmless therefrom; and c. In the event City Parties are made a party to any action or proceeding filed or prosecuted against Developer Parties for such Indemnified Claims and Liabilities, Developer shall pay to City any and all costs and expenses incurred by City Parties in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Developer and City further acknowledge that Developer shall not indemnify City Parties for any Indemnified Claims and Liabilities caused by or arising out of the gross negligence or willful misconduct of City Parties.
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9. General Provisions.
a. Assignment. Developer may only assign or otherwise transfer this Agreement to any other person, firm, or entity upon presentation to the City of an assignment and assumption agreement in a form reasonably acceptable to the City Attorney and upon receipt of the City’s written approval of such assignment or transfer by the City Manager, which approval shall not be unreasonably withheld or delayed; provided, however, that Developer may, from time to time and one or more times, assign this Agreement without the City's consent or approval, but with notice to the City to (a) as long as Developer, or entities owned or controlled by it, retain a controlling interest in this Agreement or have and maintain at least a twenty -five percent (25%) ownership interest in such entities who are the assignees or transferees, (b) any entity purchasing the adjacent development, (c) as part of a merger or transaction involving Developer . After a transfer or assignment as permitted by this Section, the City shall look solely to such assignee or transferee for compliance with the provisions of this Agreement which have been assigned or transferred.
Notwithstanding the foregoing, this Agreement shall not (a) restrict, limit or otherwise prohibit the Developer's right to finance or borrow funds secured by the New Billboards , (b) the Developer's ability to grant a security interest in the New Billboards , or (c) the Developer's right to otherwise assign this Agreement as security for financing the New Billboards or any other Developer owned real property.
b. Waiver. The waiver by any Party of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition, or of any subsequent breach of the same term, covenant or condition. c. Notices. All notices and other communications required or permitted to be given hereunder shall be in writing and shall be sent by: (a) certified or registered mail, postage pre-paid, return receipt requested, (b) personal delivery, or (c) a recognized overnight carrier that provides proof of delivery, and shall be addressed as follows:
If to Developer:
Domenigoni Barton Properties, LLC
31851 Winchester Road
Winchester, CA 92596
Attn: Andy Domenigoni, Manager
If to the City:
City of Murrieta
Attn: Development Services Director
1 Town Square
Murrieta, CA 92562
With a Copy to:
Tres Estrellas, LLC
618 W. Baseline Road
Claremont, CA 91711
Attn: Saul Jaffe
With a Copy to:
City of Murrieta
Attn: City Manager
1 Town Square
Murrieta, CA 92562
With a Copy to:
Claremont Law Group, Inc.
618 W. Baseline Road
With a Copy to:
Aleshire & Wynder, LLP
Attn: Tiffany J. Israel
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Claremont, CA 91711
Attn: Saul Jaffe
1 Park Plaza
Suite 1000
Irvine, CA 92614
Notices shall be deemed effective upon receipt or rejection only. d. Authority to Enter Agreement . All Parties have the requisite power and authority to execute, deliver and perform the Agreement. All Parties warrant that the individuals who have signed this Agreement have the legal power, right, and authority to bind each respective Party.
e. Amendment/Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by all Parties. f. Attorneys’ Fees. In the event of litigation between the Parties arising out of this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, including attorneys’ fees on appeal, and all other reasona ble costs and expenses for investigation of such action, including the conducting of discovery, in addition to whatever other relief to which it may be entitled.
g. Time is of the Essence . Time is of the essence of each and every provision of this Agreement.
h. Covenants. All references herein to Developer shall include not only Developer, but also any of Developer’s successors in interest. It is acknowledged that the provisions of this Agreement constitute covenants for the improvement of real property. These covenants shall be considered to affect rights in Developer’s Property, and shall be binding on the heirs, assigns, successors, and grantees of Owner to said real property. i. Miscellaneous. This Agreement embodies the entire agreement between the Parties and supersedes any prior or contemporaneous understandings between the Parties related to the Agreement. If any provision of this Agreement is held to be invalid, the balance shall remain binding upon the Parties. This Agreement shall be interpreted in accordance with its plain meaning, and not in favor of or against either Party. This Agreement shall be construed according to the laws of the State of California.
j. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date set forth below.
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ATTEST:
“CITY”:
CITY OF MURRIETA
By: ________________________________
City Manager
By: __________________________________
City Clerk
APPROVED AS TO FORM:
By:_________________________
City Attorney
“DEVELOPER”
Domenigoni Barton Properties, LLC,
a Delaware limited liability company
By:
Name: Andy Domenigoni
Title: Manager
Tres Estrellas, LLC,
a California limited liability company
By:
Name: Saul Jaffe
Title: Manager
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30376-0109 228023.1 EXHIBIT A-1 – PAGE 1
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EXHIBIT “A”
Removed Billboards
Sign
No.
Board
Lease
No.
Display Nos.
Max Face
Dimensions Location
1 54
Adams
2 Max
allowable by
law
See Site Plan Attached as Exhibit A-1
(located on Lot A of PM 28280)
(North)
2 55
Adams 2
Max
allowable by
law
See Site Plan Attached as Exhibit A-1
(located on Lot A of PM 28280)
(South)
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EXHIBIT “A-1”
SITE PLAN
580
THE TRIANGLE
PROJECT SITE BILLBOARD EXHIBIT
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EXHIBIT “B”
New Billboards
No. Location & APN
1. (North Billboard) See Exhibit B-1
2. (South Billboard) See Exhibit B-1
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EXHIBIT “B-1”
See Billboard (2) sites on attac
hed Site Plan
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THE TRIANGLE
PROJECT SITE BILLBOARD EXHIBIT
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EXHIBIT “C”
Conceptual Billboard Designs
(See Attached)
585
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EXHIBIT "D"
Memorandum of Revenue Commencement
THIS Memorandum of Revenue Commencement (this "Memorandum") is executed as of this ______ day of _______________, 20__ by The City of Murrieta (“City”) and Domenigoni Barton Properties, LLC, a Delaware limited liability company and Tres Estrellas, LLC , a California limited liability company (collectively “ Developer”), with respect to that certain Billboard Reconstruction Agreement as the same may have been dated _____ 2026, as amended (the “Billboard Reconstruction Agreement”).
The City and Developer agree as follows:
1. All initially capitalized terms used herein shall have the meanings set forth for such terms in the Billboard Reconstruction Agreement.
2. The Revenue Commencement Date occurred on _____________.
3. The Billboard Reconstruction Agreement is unmodified and in full force and effect.
IN WITNESS WHEREOF, the Developer and the City have executed this Memorandum as of the date first set forth above.
LANDLORD:
Domenigoni Barton Properties, LLC,
a Delaware limited liability company
By: _________________
Name: Andy Domenigoni
Title: Manager
Tres Estrellas, LLC,
a California limited liability company
By: _______________
Name: Saul Jaffe
Title: Manager
CITY:
City Of Murrieta
By: _________________
Name: ________________
Title: Mayor
Attest:
_______________________
City Clerk
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30376-0109 228023.1 EXHIBIT E
L375/000 - 398407.1
EXHIBIT “E”
Billboard Development Standards & Conditions
1. Maximum Height and Display Area. The maximum height of any New Billboard shall not exceed 60 feet and the display area shall not exceed 672 square feet with dimensions not exceeding 48 feet in width and 14 feet in height , unless the maximum area allowable by law is increased in which case the maximum display area shall be the maximum display area allowable by law.
2. Sign Maintenance and Graffiti. Developer shall maintain the Sign Structures and shall maintain, repair, and improve the New Billboards (also referred to as Digital Outdoor Advertising Display(s) or “DOAD(s)”) in accordance with the standards of the outdoor - advertising industry. Developer’s maintenance obligation includes the obligation to remove any graffiti from, and make any repairs to, the Sign Structures and the DOADs within 48 hours of notification. Appropriate improvements shall be installed subject to the approval of the Development Services Director to prevent access for graffiti and vandalism.
3. The technology currently being deployed for DOADs is LED (light emitting diode), but there may be alternate, preferred or superior technology available in the future. Developer is authorized to change the DOADs to any other technology that operates under the maximum brightness standards set forth in Condition No. 5 (below) . The City shall expedite any required approvals for technology that is superior in energy efficiency over previous generations or types.
4. DOAD illumination is expressly permitted when operated within these standards.
a. DOADs shall not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured at a point between a DOAD and the nearest residential dwelling unit using a foot candle meter.
b. Each Digital Display Area must have a light sensing device that will adjust the brightness as ambient light conditions change in accordance with the Outdoor Advertising Act.
c. DOADs shall contain static messages only, and shall not have movement, or the appearance or optical illusion of movement during the static display period, of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement. Each static message shall not include flashing lighting or the varying of light intensity. d. No DOAD shall involve any red or blinking or intermittent light likely to be mistaken for warning or danger signals nor shall its illumination impair the vision of travelers on the adjacent freeway and/or roadways.
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5. The DOAD shall be operated with systems and monitoring to freeze the display in one static position, display a full black screen, or turn off, in the event of a malfunction.
6. No DOAD shall simulate or imitate any directional, warning, danger or any display likely to be mistaken for any permitted sign intended or likely to be construed as giving warning to traffic, by, for example, the use of the words “stop” or “slow down.”
7. No DOAD shall exceed 4050 lumens between the hours of 10PM and sunrise unless otherwise in compliance with MMC Section 16.110-Mount Palomar Lighting.
8. Prior to the issuance of any permits, Developer shall certify to the City that it has obtained all necessary leases, recorded easements for access, utilities, maintenance, and any other documents required for Developer to construct and maintain the New Billboards.
9. Sign Face Overhang. The New Billboards shall not overhang onto State Route 15 or State Route 215, or other public rights-of-way or property lines.
10. Light and Glare. The static display side of any New Billboards shall be shielded to prevent any nuisance of light or glare intrusion onto the adjoining properties. To prevent nuisance lighting conditions, acceptable shielding methods may include commercially reasonable and industry-recognized glare mitigation technologies and operational controls, including but not limited to:
(i) automatic ambient light-sensing dimming systems calibrated to adjust luminance in real time based on surrounding light conditions;
(ii) programmable brightness controls capable of reducing nighttime luminance to comply with applicable nit and foot-candle performance limits;
(iii) directional LED modules or light-blocking louver technology designed to minimize light spill beyond the sign face;
(iv) anti-reflective or matte display surfaces to reduce specular reflection;
(v) software controls to prevent flashing, rapid transitions, or unintended luminance spikes.
The City may require demonstration, testing, or certification that such systems are properly calibrated and functioning to achieve compliance with the performance standards set forth herein.
11. Residential Property. Unless lighting generated by the New Billboards is shielded by electronic, physical or other protections, as determined by the City in its sole but reasonable discretion, the New Billboards shall not be illuminated between the hours of 11 pm to 5 am when located within one hundred feet (100’) of a residential dwelling unit , as 589
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determined by the City regardless of whether the residential dwelling unit came to be later in time than the placement of the New Billboards. This restriction shall not limit or restrict illumination of accessory structures or facilities such as parking structures, parking lots, maintenance areas, recreational areas (such as a pool, exercise area storage area) which is not utilized as a residential dwelling unit).
12. Timing of Message Changes . The timing of message changes on any Billboard shall be limited to the greater of the following time limitations: (a) that allowed by the California Department of Transportation; or (b) change no more frequently than once every six seconds; and that blinking and/or moving characters shall be prohibited, except when necessary to change the message.
13. Applicable Laws and Rules . The New Billboards shall comply with all applicable requirements of state, federal, and local law, including, but not limited to, the Outdoor Advertising Act, the Murrieta Municipal Code, and The Triangle Specific Plan.
14. Director Interpretation. The Development Services Director shall have the authority to interpret and modify the standards set forth in this Exhibit to the extent that no such interpretation or modification conflicts with the City’s Municipal Code, general Plan, any Specific Plan or any other Council adopted policy or standard.
15. The City of Murrieta Logo of appropriate size, as determined by the Development Services Director, shall be placed on the billboard at a height to be visible from the freeway travel lanes. The City of Murrieta Logo shall not exceed 65% of the area occupied by the Developer's Logo for the Project.
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CITY OF MURRIETA
City Council Meeting Agenda
Report
3/17/2026
Agenda Item No. CS1.
Subject:
Conference with Labor Negotiators
The City Council will conduct a closed session, pursuant to Government Code Section 54957.6, with the City Manager, Assistant City Manager, Deputy City Manager, City Attorney, and the City’s Negotiators, regarding labor negotiations with the Murrieta Police Officers Association, Murrieta Police Management Association, Murrieta Firefighters Association, and Murrieta Fire Management Association.
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CITY OF MURRIETA
City Council Meeting Agenda
Report
3/17/2026
Agenda Item No. CS2.
Subject:
Conference with Legal Counsel - Anticipated Litigation
The City Council will conduct a closed session, pursuant to Government Code Section 54956.9(d)(2), because there is significant exposure to litigation for five (5) cases.
CITY OF MURRIETA Printed on 3/12/2026Page 1 of 1
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