Monte Sereno City Council
January 7, 2025

AGENDA
City of Monte Sereno
Tuesday, January 7, 2025
City Council
7:00 PM
Monte Sereno City Council Chambers
18041 Saratoga-Los Gatos Road,
Monte Sereno, CA 95030

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Page

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

ORDERS OF THE DAY
The Mayor, or a majority of the Council by vote, may change the order of business, except for public hearings on the agenda for a set time.

ANNOUNCEMENTS

PRESENTATIONS

1. Presentation of Certificates of Recognition to 2024 STEM Winners from the City of Monte Sereno

ORAL COMMUNICATIONS
Persons wishing to address the Council on any matter of City business not listed on the agenda may do so at this time. Each speaker will normally be allotted three minutes, subject to the Mayor or a majority of the Council’s ability to limit the amount of time allocated to speakers based on the number of speakers and the need for expedient administration of City business in light of the number and length of items on the agenda.

WRITTEN COMMUNICATIONS
Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any written communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration.

CONSENT CALENDAR
It is recommended that all items listed below be acted on simultaneously unless separate discussion and/or action is required by a Councilmember. One public comment period will be provided, although speakers speaking on more than one item may be allocated additional time by the Mayor or a majority of the Council.

2. Approve the Minutes of the December 17, 2024 Regular and Special City Council Meeting
Staff recommends approval of the Minutes of the December 17, 2024 Regular and Special City Council Meeting.

Staff Report -SR-22-148 - Pdf
6 - 12

3. Approve Warrant List Dated December 27, 2024 in the amount of $72,183.41
Staff recommends the City Council approve the Warrant List.

Staff Report - SR-24-221 - Pdf
13 - 16

4. Accept the Annual Approval and Signing of the City Council Code of Ethics
Staff recommends that the City Council approve and sign the City Council Code of Ethics.

Staff Report - SR-24-211 - Pdf
17 - 19

5. Accept the Resignation of Council Member Wolsheimer from the Finance Ad Hoc Committee and Appoint Council Member Shannon 20 - 24

Staff recommends the City Council accept the Resignation of Council Member Wolsheimer from the Finance Ad Hoc Committee and Appoint Council Member Shannon.

Staff Report - SR-24-218 - Pdf

PUBLIC HEARINGS

UNFINISHED BUSINESS

NEW BUSINESS

6. Authorize the Interim City Manager to Execute an Agreement with Flock Safety Group for the Installation and Maintenance of Automated License Plate Readers (ALPR) providing Coverage to the City of Monte Sereno.

Authorize the Interim City Manager to execute an agreement with Flock Safety Group for the installation and maintenance of 17 automated license plate readers (ALPR) providing coverage to the City of Monte Sereno in the amount of $111,050 and delay the final
installation/activation of the network until July 1, 2025 to allow use of the FY 25/26 Supplemental Law Enforcement Service Funds to be used for the initial purchase of the equipment of $60,050.

Staff Report - SR-24-220 - Pdf
25 - 56

7. Introduction to Wireless Telecommunication Regulations Update Receive the informational item and provide any questions or comments to staff to consider for the municipal code update.

Staff Report - SR-24-217 - Pdf
57 - 64

8. Discuss Selection of Meeting Date for Strategic Goal Setting Meeting Staff recommends the Monte Sereno City Council discuss selecting a date for the Annual Strategic Goal Setting meeting and direct staff in organizing this meeting.

Staff Report - SR-24-212 - Pdf
65 9. Discuss and Provide Direction to Staff on the City Council Ad-Hoc Committees
Staff recommends the City Council consider establishing ad hoc committees and provide direction to staff on the scope and membership of each committee.

Staff Report - SR-24-213 - Pdf
66 - 69

10. Consider and Approve City Council Committee/Commission Assignments for Calendar Year 2025
Staff recommends the City Council considers and approves the City Council Committee/Commission Assignments for Calendar Year 2025.

Staff Report - SR-24-209 - Pdf
70 - 87

COMMITTEE/COMMISSION REPORTS

This time is set aside to allow Councilmembers serving on Council committees or appointed by the City to serve on the boards, commissions or committees of other agencies to present a verbal report on the activities of the respective boards, commissions or committees on which they serve. No discussion or action may be taken other than to place the matter on a future agenda.

Craig
Monte Sereno Youth Commission
Santa Clara County Library JPA
Ellahie
Cities Association – Board of Directors
Cities Association – Legislative Action Committee
Cities Association - Cities Selection Committee
West Valley Sanitation District

Wolsheimer
Silicon Valley Animal Control Authority
Santa Clara Valley Water District Commission
Association of Bay Area Governments
League of California Cities Peninsula Division
West Valley Mayors & Managers
Mayors of Santa Clara County
Mekechuk
Valley Transportation Authority Policy Advisory Committee West Valley Clean Water Authority
West Valley Solid Waste Management Authority
Silicon Valley Clean Energy Authority

COUNCIL MEMBER COMMENTS
This time is set aside to allow Councilmembers to make brief announcements or reports on the Councilmember’s own activities. No discussion or action may be taken other than to place the matter on a future agenda.

CITY MANAGER’S REPORT

FUTURE AGENDA ITEMS
This time is set aside to allow Councilmembers to make a specific request for an item to be placed on a future agenda. No discussion or other action may be taken.

11. Council Tentative Council Meeting Calendar 2025 88 - 92

ADJOURN
* All items on the agenda are subject to action/or change by the City Council In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (408) 354-7635. If requested of the City Clerk, agendas and documents in the agenda packet can be made available in appropriate alternative formats to persons with a disability.

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28CFR 35.102-35.104 ADA Title II]

STAFF REPORT
Meeting: City Council - Jan 07 2025
Agenda Heading: CONSENT CALENDAR
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Approve the Minutes of the December 17, 2024 Regular and Special City Council Meeting
Recommendation(s):

Staff recommends approval of the Minutes of the December 17, 2024 Regular and Special City Council Meeting.

Fiscal Impact:

There are no unbudgeted fiscal impacts with this agenda item.

Public Noticing:

The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.

Attachments:
12-17-24 Regular Meeting Minutes DRAFT
12-17-24 Special Meeting Minutes DRAFT

MONTE SERENO CITY COUNCIL MEETING MINUTES

REGULAR MEETING
7:00 p.m.

December 17, 2024

MEETING CALLED TO ORDER
At approximately 7:01 p.m., Mayor Wolsheimer called the meeting to order.

PLEDGE OF ALLEGIANCE
Newly elected City Councilmember Shannon lead the Pledge of Allegiance.

ROLL CALL
Present – Chambers: Councilmember Ellahie, Councilmember Mekechuk, Vice Mayor Craig and Mayor Wolsheimer
Present – Remote: None

Absent: None
Staff: City Clerk Gonzalez-Langarica, Interim City Manager Perkins and City Attorney Powell
Staff – Remote: None

ADMINISTER OATH OF OFFICE

1. Administration of Oath of Office and Seating of Newly Elected City Councilmember City Clerk Gonzalez-Langarica administered the Oath to Newly Elected Councilmember Shannon.

Mayor Wolsheimer welcomed Councilmember Shannon.

CITY COUNCIL REORGANIZATION

2. City Council Reorganization
Remarks by Outgoing Mayor Wolsheimer
Mayor Wolsheimer was thanked for his leadership and accomplishments in his year as Mayor.

Election of Mayor and Vice Mayor
Mayor Wolsheimer nominated Vice Mayor Craig as Mayor.

Vice Mayor Craig presented Mayor Wolsheimer with a plaque.

Mayor Wolsheimer nominated Councilmember Ellahie as Vice Mayor.

Mayor Craig opened the item for Public Comment. With no one wishing to speak, Mayor Craig closed Public Comment.

ORDERS OF THE DAY
None.

ANNOUNCEMENTS
None.

PRESENTATIONS
None.

ORAL COMMUNICATIONS
None.

WRITTEN COMMUNICATIONS
None.

CONSENT CALENDAR (TO BE ACTED UPON BY A SINGLE MOTION)

3. Approve the Minutes of the December 3, 2024 Regular City Council Meeting

4. Approve Warrant List Dated December 10, 2024 in the amount of $54,035.20

5. Adopt a Resolution Declaring Noxious and Dangerous Weeds and Rubbish, Refuse, and Dirt to be a Public Nuisance and Setting a Public Hearing Date and Time and Consider All Objections to the Proposed Destruction or Removal of Weeds, Dirt, Rubbish, or Other Hazardous Material

6. Consideration of Amendment to the West Valley Clean Water Program Authority Joint Powers Agreement to Rename the Authority

7. Consideration to Authorize the City Manager to Execute an Agreement with Pinpoint Talent for Temporary Accounting Staffing.

Mayor Craig opened the Consent Calendar for Public Comment. With no one wishing to speak, Mayor Craig closed Public Comment.

MOTION: Motion by Councilmember Mekechuk to approve Items #3, 5, 6 and 7 on the Consent Calendar. Seconded by Councilmember Wolsheimer.

VOTE: Motion passed. (5-0-0)
MOTION: Motion by Councilmember Wolsheimer to approve Item #4 on the Consent Calendar. Seconded by Vice Mayor Ellahie.

VOTE: Motion passed. (4-0-1 Abstain: Mekechuk)

PUBLIC HEARING
None.

UNFINISHED BUSINESS

8. Consideration of a Resolution to Amend the Acceptance of the Donation of the John Steinbeck Arroyo de Ajo Sign and $5,000 to Install the Sign and Display at City Hall Discussion ensued.

Mayor Craig opened the item for Public Comment.

Public Comment
• Former Mayor Allan
With no one else wishing to speak, Mayor Craig closed Public Comment.

MOTION: Motion by Councilmember Mekechuk to Amend Resolution for the Acceptance of the Donation of the John Steinbeck Sign and $5,000 for a display from Joel and Dena Gambord. Seconded by Councilmember Wolsheimer.

VOTE: Motion passed. (5-0-0)

NEW BUSINESS

9. Recognition of Outgoing City Commissioners
Site and Architectural Commission:

Allison Zeidler
Better Streets Commission:

Liz Lawler
Natalia Nazarova
Mayor Craig presented a Certificate of Recognition to Allison Zeidler for serving as a Commissioner on the Site and Architectural Commission and to Liz Lawler for serving as a Commissioner on the Better Streets Commission.

Commissioners who were not able to attend were also recognized and thanked for being volunteers and serving as Commissioners. City Clerk Gonzalez-Langarica will be mailing the outgoing Commissioners their Certificates of Recognition.

Mayor Craig opened the item for Public Comment. With no one wishing to speak, Mayor Craig closed Public Comment.

10. Consideration and Approval of the 2025 City Council Meeting Schedule City Planner/Interim City Manager Perkins provided a report and answered questions from the Council.

Discussion ensued.

Mayor Craig opened the item for Public Comment. With no one wishing to speak, Mayor Craig closed Public Comment.

MOTION: Motion by Councilmember Mekechuk to Approve the 2025 City Council Meeting Schedule. Seconded by Councilmember Wolsheimer.

VOTE: Motion passed. (5-0-0)

COMMITTEE/COMMISSION REPORTS
Vice Mayor Ellahie stated nothing to report.

Councilmember Wolsheimer stated he attended the West Valley Mayors & Managers meeting this month, along with Mayor Craig. Councilmember Wolsheimer shared that Saratoga Mayor Yan Zhao is running for Santa Clara County Assessor 2026 and states he is endorsing her.

Councilmember Mekechuk shared the Valley Transportation Authority Policy Advisory Committee meeting was cancelled. Councilmember Mekechuk mentioned that in today’s meeting, the Council approved the Amendment to the West Valley Clean Water Program Authority Joint Powers Agreement to Rename the Authority. Councilmember Mekechuk lastly shared he attended a meeting last week with Silicon Valley Clean Energy Authority that had a good turnout and was more of a holiday mixer.

Mayor Craig reported he attended the West Valley Mayors & Managers meeting with Councilmember Wolsheimer. Mayor Craig, too, shared he is endorsing Saratoga Mayor Yan Zhao for Santa Clara County Assessor 2026.

COUNCILMEMBER COMMENTS
Councilmember Shannon stated she is delighted to serve Monte Sereno and looks forward to the upcoming year.

The Council welcomed newly seated Councilmember Shannon to the Council.

CITY MANAGER’S REPORT
City Planner/Interim City Manager Perkins did a friendly reminder that the Monte Sereno Youth Commission is still collecting coats, canned food, and toiletries for the needy through the end of this month. People are encouraged to donate and have now through the end of the month.

FUTURE AGENDA ITEMS
None.

ADJOURN
Mayor Craig adjourned the meeting at approximately 7:42 p.m.

Burton Craig, Mayor
ATTEST:
____________________________________
Gloisy Gonzalez-Langarica, City Clerk

MONTE SERENO CITY COUNCIL

MEETING MINUTES

SPECIAL MEETING
8:00 p.m.

December 17, 2024

MEETING CALLED TO ORDER
At 8:04 p.m., Mayor Craig called the meeting to order.

ROLL CALL
Present – Chambers: Councilmember Shannon, Councilmember Wolsheimer, Councilmember Mekechuk, Vice Mayor Ellahie and Mayor Craig Present – Remote: None

Absent: None
Staff: City Clerk Gonzalez-Langarica, City Planner/Interim City Manager Perkins and City Attorney Powell

PUBLIC COMMUNICATION REGARDING CLOSED SESSION ITEMS
Mayor Craig opened the item for Public Comment. With no one wishing to speak, Public Comment was closed. The City Council adjourned to Closed Session at approximately 8:05 p.m.

RECESS TO CLOSED SESSION

1. Potential Litigation Pursuant to
Government Code Section 54956.9(b): One Case
Staff Present: Labor Counsel, City Attorney and Interim City Manager

RECONVENE TO OPEN SESSION
The City Council reconvened to Open Session at approximately 9:02 p.m. with Mayor Craig, Vice Mayor Ellahie, Councilmember Mekechuk, Councilmember Wolsheimer and Councilmember Shannon.

CLOSED SESSION REPORT
Mayor Craig stated that there were no reportable actions.

ADJOURN
The meeting of the Special City Council Meeting adjourned at approximately 9:02 p.m.

Burton Craig, Mayor
ATTEST:

Gloisy Gonzalez-Langarica, City Clerk

STAFF REPORT
Meeting: City Council - Jan 07 2025
Agenda Heading: CONSENT CALENDAR
Staff Contact: Diana Perkins, City Planner/Interim City Manager Department: Administration
Title: Approve Warrant List Dated December 27, 2024 in the amount of $72,183.41
Recommendation(s):

Staff recommends the City Council approve the Warrant List.

Background Information:

The attached Warrant List represents City bills that are pending payment until the City Council approves the Warrant List.

Analysis:

At the October 15, 2024 City Council meeting, Council Member Ellahie requested that information about the total revenues and expenditures be provided to the Council with the Warrant List. The following table shows the actual expenditures and revenues for the current fiscal year and how they compare with the budgeted amounts:

FY 24/25 Expenditures and Revenues Compared with Budgeted Amounts Item FY Budget Actual Through
Dec. 20, 2024
(46.9% of FY)
% Spent/Received
of Fiscal Year
Expenditures 4,692,719 $2,043,632 43.6%
Revenues 4,718,200 $1,886,813 39.9%
Based on this information, the expenditures are in line with the budgeted amounts to date. The revenues to date appear to be low and that is mainly due to the property tax revenues that have not yet been received. Of the total budgeted revenue, property tax is the majority with $2,990,600 (63% of the total revenue). Property tax revenues are received in December/January of each year and also in April/May.

Fiscal Impact:

There are no unbudgeted fiscal impact with this agenda item.

Public Noticing:

The City Council’s agenda was posted at City Hall and the agenda and this report appears on the City’s website.

Attachments:

Warrant List 12-27-2024

Check # Payable to: Description Amount
21096 Porter Capital Corp
CHECK RE-ISSUED Accountant Temporary Services
11/25/2024-12/1/2024 (Invoice 8551) $ 3,237.50
21097 RICOH USA, INC.

CHECK RE-ISSUED Copier Rental 12/04/2024 -
1/03/2024 _Invoice 108756897) $ 480.23
21098 AFLAC
Employee Insurance December 2024 (Invoice
513408) $ 540.34
21099 Bay Alarm
Final Payment for City Hall Fire Alarm Installation
(Invoice 5150422) $ 7,499.00
21100 Bay Area News Group
Legal Ads Published 11/22/2024 (Invoice
0001430319) $ 406.72
21101 BMI Imaging Systems
Web Hosting of Archived Documents December 2024
(Invoice 100196) $ 225.00
21102 CIVICPLUS
Annual Web Site and Municpal Code Hosting
(Invoices 325663, 315572) $ 9,606.59
21103 COMCAST
City Hall Internet Service 12/10/2024 - 1/9/2025
(Account 8155 10 010 0105794) $ 201.67
21104 Corodata Records Manageme Records Storage Boxes (Invoice RS3656854) $ 60.42 21105 Corodata Shredding Inc. Records Shredding Bins (Invoice DN 1498337) $ 10.00 21106 D&M Traffic Services Traffic Signs (Invoices 2185, 3999) $ 421.92 21107 Frontier Communications
City Hall Telephone Serivces 11/28/24-12/27/24
(account 209-150-5812-121074-5) $ 104.74
21108 Gloisy Gonzalez-Langarica
Travel, Meals, Mileage Reimbursement for City Clerk
Conference December 2024 $ 194.90
21109 Hillview Design Print Media
Certificates for Outgoing Commissioners (Invoice
90757) $ 100.95
21110 Liebert Cassidy Whitmore
Legal Services November 2024 (Invoices 283397,
283398) $ 5,375.00
21111 Looking Glass Mirror& Frame Frame for Steinbeck Sign $ 1,633.44 21112 Natalie Ladd Photography
Photograph of New Council Member (Invoice
20241213-1) $ 800.00
21113 Pacific Gas & Electric Electricity Bills $ 888.54 21114 Porter Capital Corp
Temporary Accounting Services 12/9/2024 -
12/22/2024 (Invoices 8630, 8645) $ 6,475.00
21115 RICOH USA, INC. Copier Rental November 2024 (Invoice 108829684) $ 834.36

CITY OF MONTE SERENO

CHECK REGISTERS
CHECK DATE: December, 27 2024

21116 San Jose Water
City Hall Water Bill 9/27/2024 - 11/27/2024 (Account
7537400000-0) $ 256.17
21117 Skane Mills, LLP
Legal Services - Padgett v. Wright, et. Al. (Invoice
41804) $ 812.50
21118 State Compensation Ins Fund
Wokers Compensation Insurance (Invoice
1002384767) $ 7,844.56
21119 Town of Los Gatos Finance De
Transfer of SLESF to Town of Los Gatos November
2024 $ 8,333.33
21120 US BANK
City Credit Card (Gas for City Truck-$221.94;
Replacement Tire for City Truck-$273.96; City Hall
Pest Control-$69.00; Traffic/Maintenance Supplies-
$282.40; Office/Meeting Supplies-$795.19; Online
Cloud Services $849.80; Hotel for City Clerk
Conference $528.08) $ 3,020.37
21121 Vision Service Plan (CA) Employee Vision Insurance (Invoice 40154273) $ 146.41 21122 Wells Fargo Bank Final Credit Baill for Previous Card $ 10.28 21123 City of San Jose City Manager o
Interim City Manager Attendance at December
SCCCMA Lunch $ 75.00
21124 Thibault Builders Reimbursement for Business License Paid Twice $ 116.98 21125 County of Santa Clara/HHW P Household Hazardous Waste Program Fees FY 2024 $ 12,309.91 21126 Rowena Turner Travel Reimbursement October - December 2024 $ 161.58 Total $ 72,183.41

STAFF REPORT
Meeting: City Council - Jan 07 2025
Agenda Heading: CONSENT CALENDAR
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Accept the Annual Approval and Signing of the City Council Code of Ethics
Recommendation(s):

Staff recommends that the City Council approve and sign the City Council Code of Ethics.

Background Information:

Every year, the City Council reaffirms and signs the City Council Code of Ethics. This typically is done at the first City Council meeting of the new year. The signed Code of Ethics will be posted on the City’s website under the City Council’s webpage.

Fiscal Impact:

There are no unbudgeted fiscal impacts with this agenda item.

Public Noticing:

The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.

Attachments:

Attachment 1 - Code of Ethics

ATTACHMENT 1

Monte Sereno Code of Ethics
Adopted: 7/17/12
Re-affirmed: 2/4/14, 3/3/15, 5/3/16, 1/17/17, 1/16/18, 1/22/19, 1/21/20, 1/20/21, 1/4/22, 1/17/2023, 1/16/2024, 1/7/25
Preamble
The Monte Sereno City Council holds itself to the highest standard of ethical conduct. The following pledges are not intended to supersede or override any Federal, State, or local laws relating to elected officials. These pledges are intended to supplement those laws to hold the Council to a higher standard of conduct than may be required by law. It is incumbent on the City Council to ensure that all ethical standards are understood and met, thus providing our citizens with the full confidence of the integrity of our City government.

Public Interest
We, as City Councilmembers, recognize that our duty is to act in the public interest of the citizens of Monte Sereno. This means that any actions that we take as members of the Council will have no private or personal interests whatsoever. Also, in this regard, all members of the public must be treated in a fair and equitable manner.

Comply with the Law
We, as Councilmembers, shall comply with Federal, State and local laws. This applies to all laws including but not limited to laws regarding conflict of interest, election campaigns, financial disclosures, and open processes of government.

Conduct of Members
Members of the City Council shall act in a responsible manner, which includes being respectful of the opinions, character or motives of other Councilmembers, commissions, committees, staff, and the public.

Conflict of Interest
City Councilmembers should not use their official positions to influence government decisions where they have financial or personal interests, where such influence would present a conflict of interest under State or Federal laws. If such a conflict of interest should occur, the Councilmember shall file a written disclosure of their economic interest or personal interest and then refrain from participating in that decision.

Gifts and Favors
We, as City Councilmembers, shall not accept any gifts, favors, or promises of future benefits that are prohibited under Federal or State law.

Use of Public Resources
Public resources, except those already available to the general public, shall not be used by any City Councilmember for his/her own personal gain which includes but is not limited to, office supplies, campaign materials or the use of staff time.

Public Meetings and Decisions
City Councilmembers shall prepare for and participate in City Council meetings by reading materials

provided by staff, respecting public discussion, and making decisions based on all relevant and disclosed facts.

Communications
City Councilmembers, during City Council meetings, shall disclose substantive information relevant to the issue under consideration which is the basis or part thereof for such City Councilmember’s decision. This will include any written or oral information from sources outside the public decisionmaking process including, but not limited to, private residents, lobbyists, developers or any other individuals or groups that have an influence on the City Council’s decision-making process.

Confidential Information
Confidential information should remain confidential under all circumstances. No Council member shall have the authority to waive the attorney client privilege while on the council or after his/her term expires.

Advocacy
It is the responsibility of City Councilmembers to ensure that personal opinions or positions are not confused for the official policies and positions that have been acted on by the Council to the extent they differ. When presenting their personal opinions or positions, City Councilmembers shall explicitly state that they do not represent the City Council or the City.

Private Interests after Office
While in office, City Councilmembers shall not appear on behalf of private interests of a third party before the Council or any commission, committee or proceeding of the City. Former City Councilmembers shall not appear as a representative, lobbyist, or employee on behalf of the private interests of a third party regarding any matter pending before the Council or any commission, committee or proceeding, for a period of two years after their term on the City Council. As a private citizen, past City Councilmembers may represent their own interests in issues that may affect their residence or neighborhood.

Burton Craig, Mayor Date
Javed I. Ellahie, Vice Mayor Date
Evert Wolsheimer, Council Member Date
Bryan Mekechuk, Council Member Date
Lisa Shannon, Council Member Date

STAFF REPORT
Meeting: City Council - Jan 07 2025
Agenda Heading: CONSENT CALENDAR
Staff Contact: Diana Perkins, City Planner/Interim City Manager Department: Administration
Title: Accept the Resignation of Council Member Wolsheimer from the Finance Ad Hoc Committee and Appoint Council Member Shannon
Recommendation(s):

Staff recommends the City Council accept the Resignation of Council Member Wolsheimer from the Finance Ad Hoc Committee and Appoint Council Member Shannon.

Background Information:

The Finance Ad Hoc Committee was established in January 2024 (Resolution 24-3897) and the charter of the Committee was modified in August 2024 (Resolution 24-3897.1). Council Members Wolsheimer and Mekechuk were appointed to this Committee. The charter of this Committee is as follows:
 Review the City’s proposed 2-year budget transition
 Review proposals for replacing the City’s financial reporting system and make a recommendation to the City Council
 Review the proposed improvements to monthly close process  Review proposed internal controls over financial reporting  Review observations noted in the external financial auditor’s report for the year ended June 30, 2023 with the external financial auditor, including alternatives to address weaknesses described by the external financial auditor.  Recommend alternatives to improve internal financial processes and controls and recommend cost-effective alternatives independent of City staff.

Council Member Wolsheimer has resigned from this Committee. Council Member Shannon has expressed interest in being appointed to this Committee.

Fiscal Impact:

There are no unbudgeted fiscal impacts with this agenda item.

Public Noticing:

The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.

Attachments:

Resolution No 24-3897 Create Finance Ad Hoc.docx
Resolution No 24-3897.1 Revise Finance Ad Hoc Charter.docx

RESOLUTION NO. 24-3897

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO

ESTABLISHING THE FINANCIAL SYSTEMS AD HOC COMMITTEE
WHEREAS, the City Council of the City of Monte Sereno (“City Council”) may establish project specific subcommittees to address an explicit purpose or need; and WHEREAS, project specific subcommittees are of a limited duration and should be active for no more than one year; and
WHEREAS, the City Council desires to establish a project specific ad hoc subcommittee to advise staff on modifications to current financial systems, effective January 16, 2024 through January 15, 2025; and
WHEREAS, the purpose of the Financial Systems Ad Hoc Committee is to accomplish the following:
 Review the City’s proposed 2-year budget transition
 Review proposals for replacing the City’s financial reporting system and make a recommendation to the City Council
 Review the proposed improvements to monthly close process  Review proposed internal controls over financial reporting NOW, THEREFORE, BE IT RESOLVED AND ORDERED that City Council hereby forms the Financial Systems Ad Hoc Committee effective January 16, 2024, until no later than January 15, 2025, to work with the City Manager and City Finance Director to advise staff on staff’s proposed modifications to current financial systems; and BE IT FURTHER RESOLVED that Council Member Mekechuk and Mayor Wolsheimer are hereby appointed to the Financial Systems Ad Hoc Committee.

The above and foregoing resolution was duly and regularly adopted by the City Council of the City of Monte Sereno at a regular meeting held on the 16 th day of January, 2024
by the following vote:

AYES: ELLAHIE, MEKECHUK, TURNER, CRAIG, WOLSHEIMER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Approved:_____________________________
Evert Wolsheimer, Mayor
Attest: ______________________________
Gloisy Gonzalez-Langarica, City Clerk
DocuSign Envelope ID: B623C77E-B30E-4AB9-99FA-FFB8CA6B41FF

RESOLUTION NO. 24-3897.1

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO

EXPANDING THE SCOPE OF THE FINANCIAL SYSTEMS AD HOC COMMITTEE WHEREAS, the City Council of the City of Monte Sereno (“City Council”) may establish project specific subcommittees to address an explicit purpose or need; and WHEREAS, project specific subcommittees are of a limited duration and should be active for no more than one year; and
WHEREAS, on January 16, 2024, the City Council established the Financial Systems Ad Hoc Committee to advise staff on modifications to current financial systems, effective January 16, 2024 through January 15, 2025; and
WHEREAS, the City Council desires to expand the scope of the Financial Systems Ad Hoc Committee to add the following responsibilities:
 Review observations noted in the external financial auditor’s report for the year ended June 30, 2023 with the external financial auditor, including alternatives to address weaknesses described by the external financial auditor.  Recommend alternatives to improve internal financial processes and controls, and recommend cost-effective alternatives independent of City Staff.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the scope of the Financial Systems Ad Hoc Committee shall be as follows:
 Review the City’s proposed 2-year budget transition
 Review proposals for replacing the City’s financial reporting system and make a recommendation to the City Council
 Review the proposed improvements to monthly close process  Review proposed internal controls over financial reporting  Review observations noted in the external financial auditor’s report for the year ended June 30, 2023 with the external financial auditor, including alternatives to address weaknesses described by the external financial auditor.  Recommend alternatives to improve internal financial processes and controls, and recommend cost-effective alternatives independent of City Staff.

The above and foregoing resolution was duly and regularly adopted by the City Council of the City of Monte Sereno at a regular meeting held on the 6 th day of August, 2024 by
the following vote:

AYES: TURNER, ELLAHIE, MEKECHUK, CRAIG, WOLSHEIMER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Docusign Envelope ID: B01F3CED-972C-4838-BAD1-6CF890DCBE10

Approved:_____________________________
Burton Craig, Vice Mayor
Attest: ______________________________
Gloisy Gonzalez-Langarica, City Clerk
Docusign Envelope ID: B01F3CED-972C-4838-BAD1-6CF890DCBE10

STAFF REPORT
Meeting: City Council - Jan 07 2025
Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner/Interim City Manager Department: Administration
Title: Authorize the Interim City Manager to Execute an Agreement with Flock Safety Group for the Installation and Maintenance of Automated License Plate Readers (ALPR) providing Coverage to the City of Monte Sereno.

Recommendation(s):

Authorize the Interim City Manager to execute an agreement with Flock Safety Group for the installation and maintenance of 17 automated license plate readers (ALPR) providing coverage to the City of Monte Sereno in the amount of $111,050 and delay the final installation/activation of the network until July 1, 2025 to allow use of the FY 25/26 Supplemental Law Enforcement Service Funds to be used for the initial purchase of the equipment of $60,050.

Background Information:

The City Council has received comments from several residents concerned with various crimes within the city. The City Council included the installation of Flock Cameras citywide in the Strategic Goals for Fiscal Year 24/25 as well as the funding for the cameras in the budget.

Analysis:

Flock Safety Automated License Plate Reader Systems
The Flock Safety ALPR System consists of deployment of strategically placed cameras throughout an area to provide greater coverage and detailed information for law enforcement to assist as a crime deterrent and investigative tool. The cameras are planned to be positioned at key ingress and egress locations throughout the City. These locations were collectively identified by staff and the Flock Safety deployment team as major thoroughfares and intersections which provide the optimum effectiveness in capturing ALPR data from a public right of way.

Several of the proposed camera locations are in the Town of Los Gatos, which allows for maximum coverage of the perimeter of Monte Sereno with fewer cameras. Staff from the City of Monte Sereno, Los Gatos, and Flock Safety have met and confirmed the camera locations are acceptable to all parties. Flock Safety will be responsible for installing the cameras and obtaining all necessary approvals from the City and the Town of Los Gatos.

The ALPR cameras would be positioned to capture the objective data available through an image of the rear of the vehicle only and not data or images of the occupant(s) of the vehicle.

These data are then compared with a national law enforcement Criminal Justice Information Services (CJIS) database to determine if the vehicle is stolen, associated to a missing person, or wanted as evidence in a serious felony investigation. If a match is made, the Flock Safety system immediately provides a mobile notification alert to the Officer’s Mobile Dispatch Computer (MDC) with the vehicle information and last captured ALPR location. The system captures still images only and no streaming video or audio clips. Flock Safety’s data retention and data privacy access policies provide strict individual user access, a limited 30-day data search capability and is able to provide full audit logs compliant with Federal and State legislation.

Monte Sereno Budget
As part of the adopted FY 24/25 budget, the City Council approved funds for the installation and service for one year for the Flock cameras for a total of $110,000. Of this total, approximately $60,000 was for the one-time installation of the cameras and approximately $51,000 as the annual recurring service costs.

Locations, Number, and Type of Cameras
The Flock cameras will be located in a perimeter around the City. The budgeted 17 cameras will provide coverage for the majority of the entry points to the City. However, two additional Flock cameras would provide additional coverage to the City, particularly along Winchester Boulevard where there are several streets providing entry to the City. While staff recommends the agreement be executed with the 17 cameras that have been budgeted, Council has the option of approving additional cameras.

The Flock Safety staff have also included pricing for a Flock Flex camera which is a mobile camera that the Police Department can deploy in various locations. This could be deployed to a specific street or neighborhood as a preventative tool or in response to neighborhood concerns.

Supplemental Law Enforcement Service Funds
Supplement Law Enforcement Service Funds (SLESF) are annual grant funds provided by the State of California to support front-line law enforcement services. The SLESF funds must be used to supplement existing resources and cannot be used to replace them. These funds can be used for the initial one-time purchase of the Flock camera equipment but cannot be used for the annual on-going costs.

Monte Sereno receives $100,000 annually and, as part of the current agreement for police services with the Town of Los Gatos, these funds are distributed to the Town. The Town staff has agreed to expand the use of these funds starting in FY 25/26, which would include allowing the SLESF to be used for the initial one-time cost of the Flock cameras.

California Environmental Quality Act:

This is not a project defined under CEQA, and no further action is required.

Fiscal Impact:

There are budgeted funds available in the FY 24/25 budget for the initial purchase and the annual service for the first year for 17 cameras, which totals approximately $110,000.

Delaying the final installation/activation of the network until after July 1, 2025 to allow use of the FY 25/26 SLESF to be used for the initial purchase of the equipment will result in General Funds savings of $60,050 for 17 cameras (or $71,850 for 19 cameras and one mobile camera).

Alternatives:

The first decision for the Council to consider is whether to authorize the Interim City Manager to execute an agreement with Flock Safety Group for the installation and maintenance of ALPR cameras and, if so, how many cameras. The following are the alternatives:

1. Authorize the Interim City Manager to execute an agreement with Flock Safety Group for the installation and maintenance of 17 ALPR in the amount of $111,050.

2. Authorize the Interim City Manager to execute an agreement with Flock Safety Group for the installation and maintenance of 19 ALPR as well as one mobile ALPR unit in the amount of $132,350.

3. Do not authorize the Interim City Manager to execute an agreement with Flock Safety Group.

Secondly, if the Council authorizes the agreement with Flock Safety Group, the timing of the final installation and activation of the cameras shall be determined. If this is completed in July 2025 or after, the initial one-time purchase costs can be covered by the SLESF for FY 25/26.

Otherwise, if the installation and activation begins immediately, the funds approved by Council in the FY 24/25 budget would be used. The following are these alternatives:

4. Authorize the Interim City Manager to execute the agreement but delay the final installation/activation of the network until July 1, 2025 to allow use of the FY 25/26 SLESF to be used for the initial purchase of $60,050 for 17 cameras (or $71,850 for 19 cameras and one mobile camera).

5. Authorize the Interim City Manager to execute the agreement and begin the installation immediately.

Conclusion:

Staff recommends alternatives 1 and 4 to authorize 17 cameras and delay the final installation/activation of the network until July 1, 2025 to allow use of the FY 25/26 SLESF to be used for the initial purchase.

Attachments:

Flock Safety Group Master Service Agreement Draft

Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the City of Monte Sereno (“Customer”) (each a “Party,” and together, the “Parties”) on this the ____ day of ________, 2024. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:

RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; WHEREAS, the Parties acknowledge that some of the Flock Hardware is proposed to be located in another jurisdiction and all duties and obligations under this Agreement on contingent on the approval of the location of Flock Hardware in that jurisdiction; WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and
WHEREAS, Flock desires to provide Customer the Flock Services and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness,

prevention, and prosecution of crime, bona fide investigations and evidence gathering for law enforcement purposes, (“Permitted Purpose”).

AGREEMENT
NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.

1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement. In addition, Authorized End User(s) includes the Los Gatos Monte Sereno Police Department

1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.

1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.

1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes. Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.

1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.

1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of Authorized End User which would constitute a breach of this agreement if undertaken by Customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.

Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.

2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption except as provided below. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). If caused by Customer or any Authorized End User, Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate encountering hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances when installing the Flock Hardware. In the event any such hazardous

materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately and identify an acceptable, alternate location.

3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer and any Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID a name that they do not have the right to use, or any other name with the intent of impersonation.

Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. With the exception of the Los Gatos Monte Sereno Police Department, unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. With the exception of the Los Gatos Monte Sereno Police Department, Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this Agreement. Customer shall be responsible for reaching an agreement with the Los Gatos Monte Sereno Police Department to obtain and maintain the equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense and to the extent possible) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”); however, the Parties acknowledge that the facilities and personnel used for the Flock services are employees of the Town of Los Gatos and all access and use to its facilities and personnel must be obtained from the Town of Los Gatos.

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including, but not limited to, any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes, but is not limited to, geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order or pursuant to the California Public Records Act, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any

software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than forty five (45) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.

6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).

6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.

6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoiced to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.

7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware within a commercially reasonable time period and return the area to its original condition, normal wear and tear excepted. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by

Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and

11.6.

8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to either repair or replace such Defect, provided such decision resolves the malfunction or failure and that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

Such repair or replacement shall be completed within a commercially reasonable time after Customer gives notice to Flock.

8.2 Replacements. Except as provided in Section 8.1 above, in the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware, unless due to Flock’s negligence or willful misconduct.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. In the event Services are unavailable for more than one day, the Term shall be tolled and the amount of time the Services are unavailable shall be added to the end of the Term.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.

FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR

ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY

APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.

8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL

KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS

THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS,

EXCEED THE FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWENTY-FOUR (24) MONTHS PRIOR

TO THE ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE,

WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY OF SECTION ONLY APPLIES TO THE

EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE

FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF

GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, Authorized End Users, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware except in accordance with any encroachment permit granted for the installation of the Flock Hardware. In addition, the Parties acknowledge some Flock Hardware will be installed in the Town of Los Gatos and subject to its rules and regulations. Customer cannot make guarantees or assertions on

behalf of the Town of Los Gatos. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions for Flock Hardware installed in its jurisdiction, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations located within the City of Monte Sereno and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Flock shall lawfully obtain any and all necessary permits, licenses or authorizations to install the Flock

Hardware at the designated locations located within the Town of Los Gatos and the City of Monte Sereno. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

11. MISCELLANEOUS

11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be

mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts.

11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section

2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section

252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system.

Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Intentionally Omitted.

11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested.

11.16 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of funds are conditioned on the availability of funds appropriated for that purpose. Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost.

FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
Customer NOTICES ADDRESS:

ADDRESS: 18041 Saratoga-Los Gatos Road, Monte Sereno, CA 95030 ATTN:

EMAIL:

EXHIBIT B

INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees.

Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;
(iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and

(v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).

Flock Safety + CA - City of Monte
Sereno
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:

Tariq Bright
[email protected]
4088968551

EXHIBIT A

ORDER FORM
Customer: CA - City of Monte Sereno Initial Term: 24 Months Legal Entity Name: CA - City of Monte Sereno Renewal Term: 24 Months Accounts Payable Email: Payment Terms: Net 30
Address: 18041 Saratoga-Los Gatos Rd Monte Sereno,
California 95030
Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $60,500.00
Flock Safety Flock OS
FlockOS ™ - Essentials Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 19 Included
Flock Safety Falcon ® Flex Included 1 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Standard Implementation Fee $650.00 10 $6,500.00 Professional Services - Existing Infrastructure
Implementation Fee $150.00 7 $1,050.00
Professional Services - Advanced Implementation
Fee $1,900.00 2 $3,800.00
Subtotal Year 1: $71,850.00
Annual Recurring Subtotal: $60,500.00
Estimated Tax: $0.00
Contract Total: $132,350.00
The Term for Flock Hardware shall commence upon first installation and validation, except that the Term for any Flock Hardware that requires selfinstallation shall commence upon execution of the Agreement. In the event a Customer purchases more than one type of Flock Hardware, the earliest Term start date shall control. In the event a Customer purchases software only, the Term shall commence upon execution of the Agreement.

Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $71,850.00
Annual Recurring after Year 1 $60,500.00
Contract Total $132,350.00
*Tax not included

Product and Services Description
Flock Safety Platform Items Product Description
FlockOS ™ - Essentials
An integrated public safety platform that detects, centralizes and decodes actionable evidence to increase safety, improve efficiency, and connect the community.

Flock Safety Falcon ®
Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users.

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

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

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

Flock Safety Falcon ® Flex
Law enforcement grade tactical deployment (portable + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users.

FlockOS Features & Description
FlockOS Features Description
Community Network Access
The ability to request direct access to feeds from privately owned Flock Safety Falcon® LPR cameras located in neighborhoods, schools, and businesses in your community, significantly increasing actionable evidence that clears cases.

Unlimited Users Unlimited users for FlockOS
Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices Vehicle Fingerprint Search Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.

ESRI Based Map Interface Map-based interface that consolidates all data streams and the locations of each connected asset, enabling greater situational awareness and a common operating picture.

Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera State Network (License Plate Lookup Only) Allows agencies to look up license plates on all cameras opted into the Flock Safety network within your state.

Nationwide Network (License Plate Lookup Only)
With the vast Flock Safety sharing network, law enforcement agencies no longer have to rely on just their devices alone. Agencies can leverage a nationwide system boasting 10 billion additional plate reads per month to amplify the potential to collect vital evidence in otherwise dead-end investigations.

Law Enforcement Network Access The ability to request direct access to evidence detection devices from Law Enforcement agencies outside of your jurisdiction.

Insights & Analytics Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports.

Real-Time NCIC Alerts on Flock ALPR Cameras
Receive automated alerts when vehicles entered into established databases for missing and wanted persons are detected, including the FBI’s National Crime Information Center (NCIC) and National Center for Missing & Exploited Children (NCMEC) databases.

By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached.

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

FLOCK GROUP, INC. Customer: CA - City of Monte Sereno
By:
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By:
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Name:
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Name:
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Title:
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Title:
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Date:
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Date:
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PO Number:

STAFF REPORT
Meeting: City Council - Jan 07 2025
Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner/Interim City Manager Department: Administration
Title: Introduction to Wireless Telecommunication Regulations Update Recommendation(s):

Receive the informational item and provide any questions or comments to staff to consider for the municipal code update.

Background Information:

The City of Monte Sereno’s wireless telecommunication regulations, contained in Chapter

10.09 “Personal Wireless Service Facility and Antenna Criteria,” were adopted prior to 1996.

Since then, the regulatory landscape has changed significantly to match the rise of cell phone ownership, usage, technology, and distribution. The City Attorney recommended that staff update the Monte Sereno Municipal Code to reflect current wireless telecommunication regulations. Although the City would abide by the requirements under State and Federal regulations where there are potential conflicts in local regulatory text, an update to the municipal code improves clarity for all users on current requirements, minimizes the potential to process applications inconsistent with current regulations, and maintains local standards consistent with all regulatory requirements.

The Municipal Code currently addresses various types of facilities, including personal wireless facilities, tv and radio antennas, satellite dish antennas, and ham radio antennas. Since the adoption of the existing Chapter 10.09, federal regulations have been provided to address new types of facilities, including small cell wireless facilities. Regulations have been established to streamline the review of certain types of applications, such as minor modifications and collocation of antennas on existing facilities. As part of the update task, staff will review Chapter 10.09 and propose updates to incorporate requirements consistent with current regulations. The update builds off of the existing Chapter 10.09, with revisions to improve clarity, incorporate new standards and processes where required for new facility types and application types, and modify existing provisions as needed for regulatory consistency.

Currently, the following wireless telecommunications facilities are located in Monte Sereno:

Type of Facility Address
Ground mounted equipment enclosure and
antennas on an existing utility pole.
18707 Saratoga Los Gatos Road
(North side of Saratoga Los Gatos Road

Type of Facility Address
between Quito Road and Austin Way)
Ground mounted equipment enclosure and
antennas on an existing utility pole.
18191 Saratoga Los Gatos Road (North side
of Saratoga Los Gatos Road between
Viewfield Road and Grandview Drive)
Ground mounted equipment enclosure and
approximately 64-foot-high pole with
antennas.
18840 Saratoga Los Gatos Road
(South side of Saratoga Los Gatos Road
near the Fire Station)
Ground mounted equipment enclosure and
antennas within the cross along Daves
Avenue.
17765 Daves Avenue
(First Baptist Community Church)
Satellite dishes, tv/radio antennas, and ham radio antennas may be located at single family properties throughout Monte Sereno, but historical permitting records for those types of permits are not readily available.

Examples of Wireless Telecommunication Facilities
Examples of wireless telecommunication facilities that may be covered by the wireless telecommunications ordinance include freestanding wireless towers, antennas attached to existing structures, and facilities designed to incorporate antennas and equipment within the design. There can be overlap between types of antennas and wireless facilities. For example, a personal wireless facility has several sub-types, such as a macro-cell, small cell wireless facilities, and others. Some examples of various types of antenna and wireless facilities are included in Attachment 1.

Site and Architectural Commission Review
The Site and Architectural Commission reviewed these preliminary changes at their December 4, 2024 meeting. The Commission requested that staff consider requiring that newly installed antennas poles be stealth poles (i.e. disguised as a tree). The Commission also requested staff determine if regulations on the use of drones can be included in this Municipal Code update. Both of these items will be studied and included in the staff report for the proposed ordinance modifications.

California Environmental Quality Act:

This ordinance is not a “project” as defined by CEQA Guidelines Section 15378: “Adoption of the ordinance does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Further projects subject to the ordinance will require a discretionary permit and CEQA review, and will be analyzed at the appropriate time in accordance with CEQA.” Therefore, no environmental assessment is required.

Public Noticing:

The City Council's agenda was posted at City Hall and this agenda and this report appear on the City's website.

Attachments:

1. Examples of Antennas and Wireless Facilities

Attachment 1
Examples of Antennas and/or Wireless Facilities

Type of Antenna and/or
Wireless Facility Example
Personal Wireless Facilities (PWS)
Macro-cell Wireless Facility:

Non-Screened Monopole
Image Description: Non-screened monopole antenna amongst trees
Source: City and County of San Francisco, “Wireless Facilities Examples”
Existing Vertical
Infrastructure Collocated
with PWS Antenna (Power
Lattice Tower)
Image Description: Power lattice tower collated with attached antenna
Source: Metropolitan Planning Group

Type of Antenna and/or
Wireless Facility Example
Stealth Wireless Facilities
Top: Image Description: Stealth Personal Wireless Facility in Water tower concealment design
Source: Los Angeles County citing Artistic Engineering/AT&T, “Wireless Design Guidelines”
Middle: Image Description: Stealth Personal Wireless Facility in Monopine tree concealment design
Source: Los Angeles County citing SBA Monarch Towers I, LLC/T-Mobile, “Wireless Design Guidelines”
Bottom: Image Description: Stealth Personal Wireless Facility in Mono-eucalyptus tree concealment design
Source: Los Angeles County citing Google Streetview,
“Wireless Design Guidelines”
Small Cell Wireless Facilities (SWF)

Type of Antenna and/or
Wireless Facility Example
Small Cell Wireless Facility
on Existing Structure
Image Description: Personal Wireless Facility with labels for antenna and equipment
Source: City and County of San Francisco, “Design
Preferences for Wireless Facilities”
Small Cell Wireless Facility
on Existing Light pole
Image Description: Small Cell Wireless Facility in urban environment
Source: City and County of San Francisco, “Small Cell Street Light and Transit Poles”

Type of Antenna and/or
Wireless Facility Example
Small Cell Wireless Facility
in Stealth Transit Pole
Design
Image description: Stealth Small Cell Wireless Facility pole Source: City and County of San Francisco, “Small Cell Street Light and Transit Poles”
TV/Radio Antennas
Image Description: UHF Television Antenna
Source: Tenen-Gas, CC BY-SA 3.0, From Wikimedia
Commons
Satellite Dish Antennas

Type of Antenna and/or
Wireless Facility Example
Top: Image Description: Satellite dishes installed on an apartment complex
Source: Brian Katt, CC BY-SA 3.0, From Wikimedia Commons Bottom: Image Description: C-band satellite dish
Source: Bmag32, CC BY-SA 3.0, From Wikimedia Commons
Hand/Ham Radio Antennas
Image Description: J-pole antenna for Hand/ham radio
Source: Jpole-antenna, “J-pole antenna”

STAFF REPORT
Meeting: City Council - Jan 07 2025
Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner/Interim City Manager Department: City Manager
Title: Discuss Selection of Meeting Date for Strategic Goal Setting Meeting Recommendation(s):

Staff recommends the Monte Sereno City Council discuss selecting a date for the Annual Strategic Goal Setting meeting and direct staff in organizing this meeting.

Background Information:

Monte Sereno City Council meets annually to establish strategic goals for the next fiscal year and create a work plan. Historically, the Strategic Goal Setting meeting has been scheduled prior to annual budget adoption so funding for the strategic goals can be incorporated into the annual budget. Last year, the Strategic Goal Setting meeting was held on March 19 as part of the regular City Council meeting.

Staff recommends the Strategic Goal Setting meeting be scheduled for March or April to allow sufficiency time for the established goals to be incorporated in the proposed FY 25/26 proposed budget.

Fiscal Impact:

There are no unbudgeted fiscal impacts with this agenda item.

Public Noticing:

The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.

STAFF REPORT
Meeting: City Council - Jan 07 2025
Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner/Interim City Manager Department: Administration
Title: Discuss and Provide Direction to Staff on the City Council Ad-Hoc Committees
Recommendation(s):

Staff recommends the City Council consider establishing ad hoc committees and provide direction to staff on the scope and membership of each committee.

Background Information:

The City Council of Monte Sereno utilizes ad hoc committees as subcommittees of the City Council for special assignments to complete work tasks on projects later presented for Monte Sereno City Council consideration. Ad-hoc committees are project specific committees established for a limited duration, which can be no more than one year.

Under the Brown Act, ad hoc committees are advisory only and created to address a specific issue for a limited time. As such, they are not subject to the requirements for open meetings in the Act. Any permanent or standing committee created by the City Council would be subject to notice/posting requirements for open meeting of the Brown Act, even if less than a quorum of the Council sits on such committee.

Analysis:

The Council currently has four active ad hoc committees as detailed in Attachment 1. The Technology Program Ad Hoc Committee and the Finance Ad Hoc Committee will both expire later this month. If additional work is needed on these general topics, the committees would need to be re-established with a new charter and member would need to be appointed.

The City Manager Search Ad Hoc Committee will expire at the end of September 2025 and the Police Services Agreement Ad Hoc Committee will expire by July 1, 2025.

Fiscal Impact:

There is no fiscal impact with this item.

Public Noticing:

The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.

Attachments:

Ad Hoc Committees 10-15-2024

Monte Sereno City Council
Ad Hoc Committees
Updated: October 15, 2024
Title Resolution
Number Charter Members Date Established*
Technology
Program Ad
Hoc Committee

24.3898 • Review the City’s cyber security methods, technologies and processes to protect the confidentiality, integrity, and availability of computer systems, networks and data, against cyber-attacks or unauthorized use. • Review proposed plans for cameras, screens, security, networks and other information technology elements and components in City facilities. • Review disaster recovery and business continuity procedures to recover data processing systems, data communications facilities, information and data related functions.

Vice Mayor Craig
Councilmember
Ellahie
January 16, 2024
Finance Ad Hoc
Committee
24-3897.1 • Review the City’s proposed 2-year budget transition • Review proposals for replacing the City’s financial reporting system and make a recommendation to the City Council
• Review the proposed improvements to monthly close process • Review proposed internal controls over financial reporting • Review observations noted in the external financial auditor’s report for the year ended June 30, 2023 with the external financial auditor, including alternatives to address weaknesses described by the external financial auditor.
• Recommend alternatives to improve internal financial processes and controls, and recommend cost-effective alternatives independent of City staff.

Mayor
Wolsheimer
Councilmember
Mekechuk
January 16, 2024
Note: Changes to
the scope were
made on August
6, 2024
City Manager
Search Ad Hoc
Committee
24-3916 • Assess the needs and attributes for City Manager candidates and recommend a process for selecting a new City Manager, effective October 2, 2024, through April 2, 2025.

Mayor
Wolsheimer
Vice Mayor Craig
October 1, 2024

Police Services
Agreement Ad
Hoc Committee
24-3917 • Work with the City Manager to finalize the terms for a new agreement. Vice Mayor Craig Councilmember
Mekechuk
October 15, 2024
Note: The
Resolution
specifies this
Committee
expires no later
than July 1, 2025.
* Ad Hoc Committees expire 1 year after date of establishment

STAFF REPORT
Meeting: City Council - Jan 07 2025
Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner/Interim City Manager Department: Administration
Title: Consider and Approve City Council Committee/Commission Assignments for Calendar Year 2025
Recommendation(s):

Staff recommends the City Council considers and approves the City Council Committee/Commission Assignments for Calendar Year 2025.

Background Information:

The City Council adopted Resolution 1691.7 on February 4, 2020 (Attachment 1) which includes the Regulations and Guidelines for the Conduct of Public Meetings. Section C.6 states that the Mayor shall recommend various standing committee and commission appointments for the calendar year and that those appointments shall be approved by the full Council.

Attachment 2 includes the list of committees and commissions that Monte Sereno Council Members participate in as well as the current and proposed appointments.

Fiscal Impact:

There are no unbudgeted fiscal impacts with this agenda item.

Public Noticing:

The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.

Attachments:

1. Resolution 1691.7
Proposed 2025 Assignments

RESOLUTION NO. 1691.7

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE
SERENO AMENDING RESOLUTION NO. 1691 TO ADD A PROCESS

REGARDING CITY COUNCIL COMMITTEEAND COMMISSION

ASSIGNMENTS AND AMEND THE SECTION REGARDING THE PLACEMENT

OF ITEMS ON THE AGENDA
WHEREAS, the City Council of the City of Monte Sereno has adopted regulations and guidelines for the conduct of public meetings in Resolution No.1691; and
WHEREAS, the guidelines for the conduct of public meetings were amended in October 2008 by Resolution No. 1691.1, in September 2010 by Resolution No 1691.2, in July 2012 by Resolution 1691.3, in March 2014 by Resolution No. 1691.4, in February 2019 by Resolution No. 1691.5, and on August 6, 2019 by Resolution No. 1691.6; and
WHEREAS, the City Council desires to further amend the guidelines to add a process regarding City Council committee and commission assignments and amend the section regarding the placement of items on the agenda.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTE SERENO that the revised document entitled "Regulations and Guidelines for the Conduct of Public Meetings" attached hereto and incorporated herein by this reference is hereby approved.

This resolution was passed and adopted by the City Council of the City of Monte Sereno at a regularly scheduled meeting held on the 4thday of February 2020 by the following vote:

AYES: Council Members EIIahie, LaBouve, Turner Mayour Pro Tempore Leuthold and Mayor Lawler
NOES: None
ABSENT: None
Aproved:

REGULATIONS AND GUIDELINES
FOR

THE CONDUCT OF PUBLIC MEETINGS
A.

MEETINGS

1. Regular Meetings
The Council of the City Of Monte Sereno shall hold regular meetings in the Council Chambers at 18041 Saratoga-Los Gatos Road in said city on the first and third Tuesdays of each month at 7:00 pm.

2. Special Meetings
Special meetings may be called at any time by the Mayor or a majority of the Council members by delivering personally, or by mail, written notice to each Council member, by posting the written notice personally or by mail to each local newspaper of general circulation, radio station and television station which has made written request for such notice. Such notice must be delivered and posted at least twenty—fourhours before the time of such meeting as specified in the notice. The notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings. Such written notice may be dispensed with, as to any Council Member who, at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice. Such waiver may also be given by telegram.

3. Place
All regular and special meetings of the Council shall be held in the Council Chambers, except that any such meetings may be adjourned to such other location as the Council may from time to time determine.

4. Meetings to be Public
All regular, adjourned, and special meetings of the Council shall be open and public; provided, however, the Council may hold closed session from which the public may be excluded for the consideration of those matters

censure, or (ii) removal from any one or more of the offices which he or she holds by reason of election or appointment by the City Council, such as Mayor, Mayor Pro Tempore, representative of the Council on an outside board or commission, or membership on a Council committee.

5. Chamber Preparation
The City Manager shall cause the Chamber doors to be unlocked at 6:45 pm. on regular meeting nights. In addition, he or she shall cause all preparations of the Chambers and of all available public facilities for the general comfort of the audience and efficiency of the meetings.

6. Quorum
Three members of the Council shall constitute a quorum for the transaction of business. Motions may be passed by a majority if only three attend, but ordinances, resolutions granting franchises and payment of money require at least three affirmative votes. Where there is no quorum, the Mayor, Mayor Pro Tempore, or any Council Member shall adjourn such meeting, or, if no Council member is present, the City Clerk shall adjourn the meeting.

7. Agenda
An agenda shall be prepared for each regular meeting containing the specific items of business to be transacted and the order thereof. Items of business may be placed on the agenda by any Council Member, the City Manager, or the City Attorney. The City Manager may advise, but cannot override, on the placement of items for consideration. In addition, a City Council Member may request that an item be placed on a future agenda during the future agenda portion of a City Council Meeting as outlined in Section 9 below. A complete copy of the agenda shall be addressed to each Council Member and delivered to each Council Member at City Hall and each department head so as to reach the recipient not later than 5:00 pm. on the Wednesday preceding each regular Council meeting. All reports, ordinances, resolutions, contract documents, or other matters to be submitted to the Council at their regular meeting shall be delivered to the City Clerk no later than 5:00 pm, on the Monday preceding the Wednesday on which the agenda is delivered to the City Council. The City Clerk shall prepare the agenda of all such matters according to the order of business, numbering each item consecutively. The agenda shall be

City Manager may exclude any materials that would not be a public record under applicable law, including but not limited to closed session materials.

8. Additions to Agenda
No matters shall be finally acted upon by the City Council other than those on the adopted agenda; provided, however, items of business not appearing on the posted agenda may be considered in accordance with Government Code section 54954.2 and as it may be amended from time to time.

9. Order of Business
At the hour set by law on the day of each regular meeting, the Council Members, City Manager, City Attorney, City Clerk and such department heads as have been requested to be present, shall take their regular stations in the Council Chambers, and the business of the Council shall be taken up for consideration and disposition in the following order:
a. Call to Order
b. Pledge of Allegiance

0. Roll Call
d. Orders of the Day
e. Presentations
f. Oral Communications from the Public

9. Written Communications
h. Consent Calendar
i. Public Hearings
j. New Business
k. Unfinished Business

0. City Manager Report
p. Future Agenda Items
q. Adjournment
The Mayor or a majority of the Council may change the order of business under Orders of the Day. The Council may set hearings for a specific time and, in that event, such hearings shall begin at the stated time, regardless of the order of business; otherwise, business shall be considered in the order shown above.

10.Council Member Absences
In the event a Council Member is unable to attend a City Council meeting, such Council Member shall so inform the City Manager no later than 12:00 pm. on the Friday before the City Council meeting, unless such absence is due to an unforeseen circumstance beyond the Council Member’s control.

1.1. Remote Participation of Council Member
In the event a Council Member desires to participate in a Council Meeting from a remote location, such Council Member shall endeavor to inform the City Clerk no later than 12:00 pm. two Fridays prior to the City Council meeting but in no event later than 12:00 pm. the Tuesday before the City Council meeting. In addition the Council Member shall provide the City Clerk with the exact address, telephone number of the location from which the Council Member shall be participating in the meeting, an email address and, if requested, assist in meeting the state mandated agenda posting requirement at the location.

B.

ADDRESSING THE COUNCIL

1. Right to Address Council
Every agenda for regular meetings shall provide an opportunity for members of the public to address the Council on any item of interest to the public that is within the jurisdiction of the Council. An opportunity shall be provided for

granting or denial of such a request may be appealed to the Council by a member of the Council. In the event that more than one person makes such a request on any one item of business, the Mayor may forthwith designate and declare a period of time for such addresses and set a reasonable time limitation for it.

3. Manner of Addressing Council
Any person wishing to address the Council shall stand or raise the hand and wait to be recognized by the chair, he/she shall stand at the podium, if able, state his/her name for the record and proceed to address the Council. All remarks and questions shall be addressed to the Council through the chair and not to any member thereof or the public. No question shall be asked of a Council member or a member of the City staff without first obtaining permission of the Mayor.

4. Time Limitation
The Mayor or a majority of the Council may limitthe time speakers may have to make oral presentations to the Council. When any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Mayor or Council to inquire whether or not the group has a spokesperson, and if so, that the spokesperson be heard, with following speakers in the group limited to facts not already presented by spokesperson.

5. Inclusion of Public Correspondence and Presentations in Agenda Materials
Any person wishing to make an audio/visual presentation on any agenda item must submit the presentation electronically, either in person or via email, to the City Clerk’s office no later than 2:00 pm. on the day of the Council meeting.

Persons wishing to submit written comments to be included in the agenda materials provided to City Council must provide the comments as follows:
.For inclusion in the regular packet: by 11:00 am. the Wednesday prior to the City Council Meeting
. For inclusion in additional post packet correspondence addendum: by

such materials shall be made available after the meeting for public inspection by the City Clerk in accordance with applicable law.

C.

MAYOR AND MAYOR PRO TEMPORE

1. Appointment of Mayor and Mayor Pro Tempore
On non-election years, the City Council shall conduct a yearly reorganization at its first regular meeting of December, unless otherwise designated by the City Council. On election years, the reorganization of the City Council shall occur at the same meeting that the Council certifies the election results and the newly seated City Council shall select the Mayor and Mayor Pro Tempore. At the time of the yearly reorganization of the City Council, the City Council shall elect one of its members to serve one year as Mayor and one of its members to serve one year as Mayor Pro Tempore. In making the selections, the City Council will consider the principle of rotation to allow each of its members an opportunity to serve as Mayor. The election of Mayor and Mayor Pro Tempore shall be placed at the end of the Agenda. The Mayor will ask the Council for nominations for Mayor. Any Council Member wishing to make a nomination may do so. A Council Member may nominate himself or herself. Nominations do not require a second. The Council will vote on the nominations in reverse order that the nominations were made, with the last nomination made voted on first. The Mayor shall be appointed by the affirmative vote of three or more members. If no Mayor is chosen through the first nomination and voting process, the process shall be repeated. After the Mayor is appointed, the nomination process will be repeated for the selection of a Council Member to serve as Mayor Pro Tempore.

2. Term of Office
The Mayor and Mayor Pro Tempore shall each hold office until his/her successor is elected and qualifies.

3. Qualifications
Any member of the Council is eligible to serve as Mayor or Mayor Pro Tempore who has not served in that position the previous year. In casting their votes for Mayor and Mayor Pro Tempore, members of the Council may consider the candidate's leadership qualities, his/her ability to conduct meetings of the

The Mayor, or in his/her absence the Mayor Pro Tempore, shall be the presiding officer of the Council and shall assume his/her place and duties as such immediately following his/her election. if the Mayor is absent or unable to act, the Mayor Pro Tempore shall serve until the Mayor returns or is able to act.

During such periods, the Mayor Pro Tempore has all of the powers and duties of the Mayor. in the event the Mayor Pro Tempore is absent, the Mayor shall have the right to name any member of the Council to perform the duties of the Mayor, but such substitution shall not extend beyond adjournment.

5. Authority
The Mayor shall preserve strict order and decorum at all meetings of the Council and announce its decisions on all subjects, and decide all questions of order, subject, however, to an appeal as herein as described. The Mayor shall sign all ordinances and resolutions adopted and contracts approved by the Council at meetings at which he/she is in attendance. In the event of his/her absence, the Mayor Pro Tempore shall sign such documents as have been adopted during the meeting at which he/she presided.

6. Council Committee and Commission Assignments
The Mayor recommends various standing committee [and commission] appointments to the Council for approval. This will be done at a scheduled Council meeting in December of each year. When making committee and commission assignments, the Mayor should attempt to balance shared responsibilities and opportunities among Council Members.

D.

RULES OF PROCEDURE AND DEBATE

1. Call to Order
The Mayor, or in his/her absence, the Mayor Pro Tempore, shall take the chair at the appointed hour for the meeting, and shall call the Council to order. in the absence of the Mayor and the Mayor Pro Tempore, and the failure of the Mayor to appoint a temporary chairman, the City Clerk shall call the Council to order, whereupon a— temporary chairman will be elected by the members present. if the Mayor or Mayor Pro Tempore should arrive after the meeting is called to order, the temporary chairman shall serve until the disposal of the item during consideration of which the Mayor or Mayor Pro Tempore arrived. In no event shall the temporary chairman serve beyond adjournment.

2. Roll Call
Before proceeding with the business of the Council, the City Clerk shall call the roll of the Council Members, and the names of those present shall be entered in the minutes. Subsequent roll calls throughout the meeting shall be made in the same order except that the Mayor shall always be called last.

3. Reading of Minutes
Unless the reading of the minutes of a Council meeting is requested by a majority of the Council, such minutes may be approved without reading if the Clerk has previously furnished each Council Member with a copy.

4. Mayor May Debate and Vote
The Mayor may move, second and debate from the Chair, subject only to such limitations of debate as are by these rules imposed on all Council Members and shall not be deprived of any of the rights and privileges of Council Members by reason of his/her acting as Mayor.

5. Getting the Floor

conversation or otherwise, delay or interrupt the proceedings or the peace of the Council, nor disturb any Council Member while speaking, or refuse to obey the orders of the Council or of the Mayor, except as othenNise herein provided.

Equitable access to the democratic process is essential. To ensure all members of the public feel free to participate, disruptive conduct is prohibited and may be grounds for removal from a meeting if it directly interferes with the conduct of proceedings. Disruptive conduct includes any conduct that directly interferes with the ability of the City Council to deliberate and take action on agenda items, which may include addressing the council without first being recognized, interrupting recognized public speakers, councilmembers, or city staff, continuing to speak after the allotted time has expired and being requested to stop or failing to relinquish the podium when directed, and continuing to cheer, boo, jeer, clap, or repetitiously address the same subject in a manner that significantly interrupts or interferes with the City Council’s ability to deliberate or act on an agenda item after being asked to stop. When necessary to enforce decorum, the Mayor, subject to Council appeal, or the Council itself may order a person removed from the public meeting, or the public meeting may be closed pursuant to state law.

7. interruptions
A Council Member, once recognized, shall not be interrupted when speaking unless called to order by the Mayor, unless a point of order or personal privilege is raised by another Council Member, or unless the speaker chooses to yield to a question by another Council Member. if a Council Member, while speaking, is called to order, he/she shall cease speaking until the question or order is determined and, ifdetermined to be in order, he/she may proceed.

8. Points of Order
Only a Council Member may raise a point of order. Points of order shall be limited to cases where the discussion or debate on the floor does not pertain to the item of business before the Council at the time or is in violation of any of the provisions of this resolution.

9. Personal Privilege
The right of a Council Member to address the Council on a question of personal privilege shall be limited to cases in which his/her integrity, character or motives are questioned or where the comfort or welfare of the Council, staff and

A call for the question is a motion to halt debate on a motion before the Council. A Council Member calling for the question must receive a second to his/her motion. A properly moved and seconded call for the question must be voted on immediately and is not debatable. Ifthe motion calling for the question passes, then the motion before the Council on which the question was called must be voted on immediately without further debate.

11.Recognition of City Staff
Members of the City staff, after recognition by the Mayor, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Mayor.

12.Conflict of lnterest
Any Council Member who has a direct personal financial interest in any matter coming before the Council shall disclose said interest and shall disqualify him/herself from discussing or voting on such matter. Where it is not clear whether such interest is of a disqualifying nature, the affected Council Member may request the opinion of the City Attorney. A Council Member who is disqualified by reason of a conflict of interest in any matter shall step down from the Dias during the debate and may not participate or vote on the matter.

13. Failure to Vote
A Council Member who fails to vote without stating his/her abstention or without being disqualified shall be deemed to have cast a "yes" vote.

14.Change of Vote
A Council Member may change his/her vote only if he/she makes a timely request during the council meeting providing said change does not affect the outcome of the vote.

15. Reconsideration of Prior Action
A motion to reconsider a vote on a prior action shall be in order at the same meeting or the next following meeting. Any final action taken on a quasi judicial matter shall not be subject to a motion for reconsideration. Such motion

that no provision of Robert's Rules of Order shall be construed to supersede any provision herein or in any other ordinance of this City, ifthe two provisions are in conflict. if the council so decides, the Mayor shall designate a specific edition of Robert's Rules of Order to be used throughout his/her term, provided, however, that said edition is economical and readily available.

17. Failure to Observe Rules of Order
Rules adopted to expedite the transaction of the business of the council in an orderly fashion are deemed to be procedural only, and the failure to strictly observe such rules shall not affect the jurisdiction of the council or invalidate any action taken at a meeting that is othenNise held in conformity with law.

E.

MINUTES

1. Preparation of Minutes
The minutes of the council shall be kept by the City Clerk, and shall be neatly typewritten in a book kept for that purpose, with a record of each particular type of business transacted, with proper sub-heads; provided that the City Clerk shall be required to make a record only of such business as was actually passed upon a vote of the council, and shall not be required to make a verbatim transcript of the proceedings, provided further that a record shall be made of the names of persons addressing the council, the title and the subject matter to which their remarks related and whether they spoke in support of or in opposition to such matter.

2. Remarks of Council Members
A Council Member may request, through the Mayor, the privilege of having an abstract of his/her statement of any subject under consideration by the Council entered into the minutes. Ifthe council consents thereto, such statement shall be entered into the minutes.

3. Protest Against Council Action
Any Council Member shall have the right to have the reasons of his/her

The Clerk may be directed by the Mayor, with the consent of the Council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Council.

5. Delivery of Minutes
As soon as possible after each Council meeting, but no later than three (3) weeks after each Council meeting, barring any emergency situation, the City Clerk shall cause a copy of the minutes thereof to be forwarded to the Council Members, the City Manager, City Attorney, and such other city agencies or persons as may be designated.

6. MeetingRecordings
The City Clerk shall electronically record all Council meetings, when possible, except executive sessions, to assist the City Clerk in preparation of minutes, and will retain recordings at least five (5) years. The Council may order full recordings or portions thereof retained for longer periods. Said recordings shall not be an official city record but shall be available to the public.

7. Public Access to Minutes and Recordings
At least one copy of the minutes of each Council meeting, and at least one copy of the recordings of each council meeting, for said five-year period, shall be maintained by the City Clerk in such a manner as to be readily available for inspection by the citizens and taxpayers of the City of Monte Sereno or their authorized representative, subject only to whatever reasonable conditions the City Clerk may require to avoid excessive interference with city business or misuse and destruction of city property.

F.

DISCIPLINARYPROCEDURES

1. Considerations in Determining Disciplinary Action
Disciplinary action may be imposed by Council upon Council Members who have violated the Code of Ethics. Disciplinary action or sanctions are considered when a serious violation of City policy has occurred by a Council Member. in determining the type of sanction imposed, the following factors may be considered:
a. Nature of the violation
b. Prior violations by the same individual

0. Other factors which bear upon the seriousness of the violation.

2. Type of Sanctions
At the discretion of the City Council, sanctions may be imposed for violating the Code of Ethics or engaging in other misconduct. These actions may

ad hoc committees, regional boards and commissions, community generated board/committee appointments. Other revocations may include temporary suspension of official travel, conference participation, and ceremonial titles.

0. Censure - A formal statement or resolution by the council officially reprimanding a Council Member.

Monte Sereno City Council
Commissions and Committees
Updated: December 30, 2024
2024 Assignments Proposed 2025 Assignments Commission/Committee Primary Alternate Primary Alternate
Association of Bay Area Governments Mekechuk Turner Wolsheimer Shannon League of California Cities Peninsula Division Mekechuk Wolsheimer Wolsheimer Craig Santa Clara County Library District JPA
Government Board Craig Ellahie Craig Ellahie
Santa Clara County Cities Association – Board of
Directors Ellahie Mekechuk Ellahie Wolsheimer
Santa Clara County Cities Association –
Legislative Action Committee Ellahie Mekechuk Ellahie Wolsheimer Santa Clara County Cities Association – City
Selection Committee Ellahie Mekechuk Ellahie Wolsheimer Santa Clara County VTA Polic Advisory Board Mekechuk Craig Mekechuk Craig Santa Clara Valley Water Commission Wolsheimer Mekechuk Shannon Mekechuk Silicon Valley Animal Control Authority Board Wolsheimer Turner Wolsheimer Ellahie Silicon Valley Clean Energy Authority Board Mekechuk Craig Mekechuk Shannon

Silicon Valley Storm Water Authority Board Mekechuk Turner Mekechuk Shannon West Valley Solid Waste Management Authority
Board Mekechuk Turner Mekechuk Shannon
West Valley Sanitation District Board Turner Craig Shannon Craig Monte Sereno Youth Commission – Council
Liaison Craig Mekechuk Craig Mekechuk
Mayor/Vice Mayor
West Valley Mayors and Managers Group Wolsheimer Craig Craig Ellahie Silicon Valley Regional Interoperability Authority N/A N/A N/A Craig Santa Clara County Mayors Group Wolsheimer Craig Craig Ellahie

Monte Sereno City Council
2025 Tentative Council Meeting Calendar
Updated: December 23, 2024

Council Meeting
Date
Agenda Item Staff Public
Hearing?
Agenda
Category
January 7, 2025 Presentation of Certificates of Recognition to 2024 STEM Winners from the City of Monte Sereno
GGL N Presentation
Finance Reports DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
Accept the Annual Approval and Signing of the City Council Code of Ethics GGL N Consent Calendar Revisions to City of Monte Sereno Council Ad-Hoc Committees DP N New Business Discuss Selection of Meeting Date for Strategic Goal Setting DP N New Business Flock Cameras DP N New Business
Consider and Approve City Council Committee/Commission Assignments for Calendar Year 2025
DP N New Business
Review of Municipal Code Chapter 10.09 (Personal Wireless Service Facility and Antenna Criteria) and Discussion of Draft Revisions
DP N New Business
January 21, 2025 Finance Reports DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
Hold Public Hearing and Adopt a Reso Overruling Objections and Determining to Proceed with Weed Abatement
GGL Y Public Hearing
Review Options for the Use of the Auxiliary Building DP N Unfinished Business
Accept the FY 2024-25 Mid-Year Budget Report DP N New Business City Manager’s Quarterly Report DP N New Business
Finance Reports DP N Consent Calendar
February 4, 2025 Finance Reports DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
February 18, 2025 Finance Reports DP N Consent Calendar Meeting Minutes GGL N Consent Calendar
Discuss Hosting a City Picnic and Consider a Budget for the City Picnic DP N New Business Discussion and Consideration of a City of Monte Sereno Community Grants Deadline, Selection Dates, and Budget Amount
DP N New Business

Monte Sereno City Council
2025 Tentative Council Meeting Calendar
Updated: December 23, 2024

Council Meeting
Date
Agenda Item Staff Public
Hearing?
Agenda
Category
March 4, 2025 Santa Clara County Fire Department Semi-Annual Public Safety Report Fire N Presentation Finance Reports DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
March 18, 2025 Los Gatos Monte Sereno Police Department Semi-Annual Report Police N Presentation Finance Reports DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
Annual Council Goal Setting Session for Fiscal Year 2025-2026 DP N New Business April 1, 2025 Finance Reports DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
Adoption of 2025-2026 City Council Goals DP N Consent Calendar Housing Element Annual Progress Report DP N New Business April 15, 2025 Finance Reports DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
City Manager’s Quarterly Report DP N New Business
May 6, 2025 Finance Reports DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
Adoption of a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance and Set Public Hearing (SCCF)
GGL N Consent Calendar
May 20, 2025 Finance Reports DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
Consideration of Awarding Community Based Organization Grants DP N New Business First Study Session for Review of Proposed FY 25/26 Budget DP N New Business June 3, 2025
Finance Reports N Consent Calendar

Monte Sereno City Council
2025 Tentative Council Meeting Calendar
Updated: December 23, 2024

Council Meeting
Date
Agenda Item Staff Public
Hearing?
Agenda
Category
Meeting Minutes GGL N Consent Calendar
Annual Street Maintenance - Adoption of Projects N Consent Calendar Updated Fee Schedule for User and Regulatory Fees DP N Consent Calendar Biennial Review of the City of Monte Sereno's Conflict of Interest Code GGL N Consent Calendar Second Study Session for Review of Proposed FY 25/26 Budget N Unfinished Business
Appropriations Limit Adoption FY 25/26 N New Business
Consider and Approve Youth Commission Selection for the Social Justice Award DP N New Business Audit Report N New Business
Appoint 2025-2026 Youth Commissioners GGL N New Business June 17, 2025 Finance Report DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
Adoption of Resolution Establishing and Fixing the Amount of Special Real Property Tax Levy for Police Protection Purposes for the Fiscal Year 2025-2026 GGL N Consent Calendar
Adopt a Resolution Overruling Protest Regarding Brush Abatement GGL Y Public Hearing Adoption of the FY 25/26 Budget N Unfinished
Business
July 1, 2025
July 15, 2025
Meetings Cancelled
August 5, 2025 Finance Reports N Consent Calendar
Meeting Minutes GGL N Consent Calendar
Adopt a Resolution Confirming a Weed Abatement Report and Assessment List to be Entered on the Tax Assessment Roll
GGL Y Public Hearing
Consideration of Nominees Citizen of the Year Award DP N New Business League of California Cities Annual Conference Voting Delegate DP N New Business City Manager’s Quarterly Report DP N New Business
August 19, 2025 Finance Reports DP N Consent Calendar

Monte Sereno City Council
2025 Tentative Council Meeting Calendar
Updated: December 23, 2024

Council Meeting
Date
Agenda Item Staff Public
Hearing?
Agenda
Category
Meeting Minutes GGL N Consent Calendar
September 2, 2025
Finance Reports Warrant list DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
Manager’s Report DP N New Business
September 16, 2025 Finance Reports DP N Consent Calendar Meeting Minutes GGL N Consent Calendar
October 7, 2025 Santa Clara County Fire Department Semi-Annual Public Safety Report Fire N Presentation Finance Reports DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
October 21, 2025 Los Gatos Monte Sereno Police Department Semi-Annual Report Police N Presentation Finance Reports DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
City Manager’s Quarterly Report DP N New Business
November 4, 2025 Finance Reports DP N Consent Calendar
Meeting Minutes GGL N Consent Calendar
November 18, 2025 Finance Reports DP N Consent Calendar Meeting Minutes GGL N Consent Calendar
Appointment of Betters Streets Commissioners GGL N New Business Appointment of Site and Architectural Commissioners GGL N New Business December 2, 2025 Finance Reports Warrant list N Consent Calendar Meeting Minutes GGL N Consent Calendar
Better Street Commission & S&A Applicants GGL N New Business

Monte Sereno City Council
2025 Tentative Council Meeting Calendar
Updated: December 23, 2024

Council Meeting
Date
Agenda Item Staff Public
Hearing?
Agenda
Category
December 16, 2025 Finance Reports DP N Consent Calendar Meeting Minutes GGL N Consent Calendar
Declaring Weeds a Public Nuisance GGL N Consent Calendar Supplemental Law Enforcement Service Fund (SLESF) GGL N Consent Calendar Consider and Set City Council Meeting Dates for 2026 GGL N New Business Council Nomination of Mayor and Vice Mayor DP N New Business Recognition of Outgoing Betters Streets Commissioners and Site and Architectural Commissioners
DP N New Business
Committee/Commission Assignments for CY2026 DP N New Business