AMENDED AGENDA
City of Monte Sereno
Tuesday, January 21, 2025
City Council
7:00 PM
Monte Sereno City Council Chambers
18041 Saratoga-Los Gatos Road,
Monte Sereno, CA 95030
Remote Participation
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Sacramento, CA 95814
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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
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.
1. Approve the Minutes of the January 7, 2025 Regular City Council Meeting
Staff recommends approval of the Minutes of the January 7, 2025 Regular City Council Meeting.
Staff Report -SR-22-148 - Pdf
6 - 11
2. Approve Warrant List Dated January 14, 2025 in the amount $175,979.69
Staff recommends the City Council approve the Warrant List.
Staff Report - SR-25-010 - Pdf
12 - 13
3. Consider Establishment of the Monte Sereno City Council Improving Financial Controls and Reporting Ad Hoc Committee and Appoint Council Members to the Committee
14 - 16
Staff recommends the City Council consider the creation of the Improving Financial Controls and Reporting Ad-Hoc Committee and appoint Council Members Mekechuk and Shannon to the Committee.
Staff Report - SR-25-009 - Pdf
PUBLIC HEARINGS
4. Conduct a Public Hearing on the 2025 Weed Abatement Program and Adopt a Resolution Overruling Objections and Determining to Proceed with Weed Abatement
Staff recommends the City Council hold a Public Hearing on the 2025 Weed Abatement Program and adopt a resolution overruling objections and determining to proceed with Weed Abatement.
Staff Report - SR-25-002 - Pdf
17 - 25
UNFINISHED BUSINESS
5. 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 installation of the equipment of $60,050.
Staff Report - SR-25-013 - Pdf
26 - 62
6. Discuss Options for Uses of the Auxiliary Building as well as Potential Alterations to City Hall
Staff recommends that the City Council review and provide direction to staff on the future use of the auxiliary building and potential alterations to City Hall.
Staff Report - SR-25-012 - Pdf
63 - 65
NEW BUSINESS
7. Consider and Appoint One Additional Member to the 2024-2025 Monte Sereno Youth Commission
Staff recommends that the City Council consider one additional application for the 2024-2025 Monte Sereno Youth Commission and appoint the applicant to the Youth Commission.
Staff Report - SR-25-003 - Pdf
66 - 68
8. Accept the Mid-Year Budget Report for Fiscal Year 2024-2025 and Make a Determination of Necessary Staff Reductions Due to Operation Issues.
69 - 74
Staff recommends that the City Council review and accept the mid-year budget report for fiscal year 2024-2025 and make a determination of necessary staff reductions due to operation issues.
Staff Report - SR-25-008 - Pdf
9. Consider and Accept the City Manager's Quarterly Report Covering October 1, 2024 through December 31, 2024
Staff recommends that the City Council consider and accept the City Manager's report.
Staff Report - SR-25-011 - Pdf
75 - 77
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.
Mekechuk
Valley Transportation Authority Policy Advisory Committee Silicon Valley Storm Water Authority Board
West Valley Solid Waste Management Authority Board
Silicon Valley Clean Energy Authority
Shannon
Santa Clara Valley Water Commission
West Valley Sanitation District Board
Wolsheimer
Silicon Valley Animal Control Authority
Association of Bay Area Governments
League of California Cities Peninsula Division
Ellahie
Cities Association – Board of Directors
Cities Association – Legislative Action Committee
Cities Association - Cities Selection Committee
Craig
Monte Sereno Youth Commission
Santa Clara County Library JPA
West Valley Mayors & Managers
Mayors of Santa Clara County
Santa Clara County Mayors Group
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.
10. Council Tentative Council Meeting Calendar 2025 78 - 82
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 21 2025
Agenda Heading: CONSENT CALENDAR
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Approve the Minutes of the January 7, 2025 Regular City Council Meeting Recommendation(s):
Staff recommends approval of the Minutes of the January 7, 2025 Regular 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:
01-07-25 Regular Meeting Minutes DRAFT
MONTE SERENO CITY COUNCIL MEETING MINUTES
REGULAR MEETING
7:00 p.m.
January 7, 2025
MEETING CALLED TO ORDER
At approximately 7:00 p.m., Mayor Craig called the meeting to order.
PLEDGE OF ALLEGIANCE
Scout Troop 2 conducted the Pledge of Allegiance.
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, Interim City Manager/City Planner Perkins and City Attorney Powell
Staff – Remote: None
ORDERS OF THE DAY
None.
ANNOUNCEMENTS
None.
PRESENTATIONS
1. Presentation of Certificates of Recognition to 2024 STEM Winners from the City of Monte Sereno Santa Clara Valley Science and Engineering Fair Association (SCVSEFA) Board Member, Forrest Williams, spoke on the Santa Clara Valley Science and Engineering Fair Association and their achievements.
MOTION: Motion by Vice Mayor Ellahie to continue the presentation later in the meeting while the recipients arrive. Seconded by Councilmember Wolsheimer.
VOTE: Motion passed. (5-0-0)
ORAL COMMUNICATIONS
Former Mayor Allan would like the Council to consider removing the step going out of the chambers into the parking lot to avoid any potential injuries.
Resident Evans shared issues that have been raised on the S-Curve. He expressed there are vehicles that veer into the bike and pedestrian lanes to avoid the bumps.
WRITTEN COMMUNICATIONS
None.
CONSENT CALENDAR (TO BE ACTED UPON BY A SINGLE MOTION)
2. Approve the Minutes of the December 17, 2024 Regular and Special City Council Meeting
3. Approve Warrant List Dated December 27, 2024 in the amount of $72,183.41
4. Accept the Annual Approval and Signing of the City Council Code of Ethics
5. Accept the Resignation of Council Member Wolsheimer from the Finance Ad Hoc Committee and Appoint Council Member Shannon
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 #2, 4 and 5 on the Consent Calendar. Seconded by Councilmember Wolsheimer.
VOTE: Motion passed. (5-0-0)
MOTION: Motion by Councilmember Wolsheimer to approve Item #3 on the Consent Calendar. Seconded by Councilmember Shannon.
VOTE: Motion passed. (4-0-1 Abstain: Mekechuk)
PUBLIC HEARING
None.
UNFINISHED BUSINESS
None.
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.
City Planner/Interim City Manager Perkins provided a report and answered questions from the Council.
Flock Safety Representative MacLeod provided a presentation and answered questions from the Council.
Flock Safety Representative Bright was available to assist with answering questions from the Council.
Captain Albin provided information and made herself available to assist with answering questions.
Discussion ensued.
Mayor Craig opened the item for Public Comment.
Public Comment
• Former Mayor Allan
• Resident Evans
With no one else wishing to speak, Mayor Craig closed Public Comment.
MOTION: Motion by Vice Mayor Ellahie to continue this item to the next meeting.
Seconded by Councilmember Mekechuk.
VOTE: Motion passed. (5-0-0)
Mayor Craig requested a short (5 minute) recess before proceeding with the meeting.
The Council agreed.
1. Presentation of Certificates of Recognition to the 2024 STEM Winners from the City of Monte Sereno
Mayor Craig recognized Elynn Pang and Disha Gupta as the 2024 STEM Winners from the City of Monte Sereno.
Each STEM Winner spoke about their project and received their recognition.
7. Introduction to Wireless Telecommunication Regulations Update Interim City Manager/City Planner Perkins provided a report and answered questions from the Council.
Representatives of M-Group were available to assist with answering 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.
Staff were provided with directions.
8. Discuss Selection of Meeting Date for Strategic Goal Setting Meeting Interim City Manager/City Planner 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.
Council unanimously selected March 18, 2025, as the meeting date for the strategic goal setting meeting.
9. Discuss and Provide Direction to Staff on the City Council Ad-Hoc Committees Interim City Manager/City Planner 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.
Council would like to reform the Finance Ad Hoc Committee. Staff will return with revisions to the Ad Hoc Committees at a future City Council meeting.
10. Consider and Approve City Council Committee/Commission Assignments for Calendar Year 2025
Mayor Craig shared his proposed 2025 assignments.
Discussion ensued.
Mayor Craig opened the item for Public Comment. With no one wishing to speak, Mayor Craig closed Public Comment.
MOTION: Motion by Vice Mayor Ellahie to Approve the City Council Committee/Commission Assignments for Calendar Year 2025 as presented by staff. Seconded by Councilmember Mekechuk.
VOTE: Motion passed. (5-0-0)
COMMITTEE/COMMISSION REPORTS
Councilmember Mekechuk shared the Valley Transportation Authority Policy Advisory Committee’s December meeting had been cancelled. Their next meeting is scheduled for January 16, 2025. The next meeting for both the Silicon Valley Storm Water Authority Board and West Valley Solid Waste Management Authority Board will be on February 6, 2025. Silicon Valley Clean Energy Authority has a meeting tomorrow, but Councilmember Mekechuk will not be able to attend.
Councilmember Wolsheimer stated nothing to report.
Vice Mayor Ellahie stated nothing to report.
Councilmember Shannon stated nothing to report.
Mayor Craig stated nothing to report.
CITY MANAGER’S REPORT
Interim City Manager/City Planner Perkins reported on another successful Coats, Cans and Toiletry Drive. These donations will be provided to West Valley Community Services. Interim City Manager/City Planner Perkins also shared that starting with this meeting’s agenda under Future Agenda Items, a tentative calendar will be included for the remainder of the calendar year. This item is intended for information, as items may move throughout the year as they are updated.
COUNCILMEMBER COMMENTS
Councilmember Shannon stated being happy to get her committee assignments and excited she’ll be working with Councilmember Mekechuk on the Finance Ad Hoc Committee and overall looking forward to having a great year.
Councilmember Mekechuk stated Captain Albin is a great addition to the Los Gatos-Monte Sereno Police Department. Councilmember Mekechuk found good participation from the community on the flock camera item. Councilmember Mekechuk lastly shared he will be in Sacramento, meeting with two senators and three assemblymembers as a citizen.
Mayor Craig inquired on the possibility of having just a couple of sentences that would highlight what is being talked about in future staff reports.
FUTURE AGENDA ITEMS
Vice Mayor Ellahie would like to see an item on the City’s staffing needs.
ADJOURN
Mayor Craig adjourned the meeting at approximately 10:01 p.m.
Burton Craig, Mayor
ATTEST:
____________________________________
Gloisy Gonzalez-Langarica, City Clerk
STAFF REPORT
Meeting: City Council - Jan 21 2025
Agenda Heading: CONSENT CALENDAR
Staff Contact: Diana Perkins, City Planner/Interim City Manager Department: Administration
Title: Approve Warrant List Dated January 14, 2025 in the amount $175,979.69 Recommendation(s):
Staff recommends the City Council approve the Warrant List.
Public Noticing:
The City of Monte Sereno's Council meeting agenda was posted on the bulletin board outside of Monte Sereno's City Hall and the agenda with this staff report can be accessed on the City of Monte Sereno's website located at www.montesereno.org.
Attachments:
Warrant List 1-14-2025
Check # Payable to: Description Amount
21127 Association of Bay Area Governments Natural Gas Usage at City Hall (Invoice AR037515) $ 120.26 21128 Alana Consulting, LLC
Plan Check Services for 10/1/2024 to 12/31/2024
(Invoice 2417) $ 36,895.79
21129 Bay Alarm
Fire Alarm Monitoring Fees 9/27/2024 to 4/30/2025
(Invoices 21905278 and 21910377) $ 2,996.00
21130 Bay Area News Group Legal Advertisement (Invoice 0001432839) $ 372.00 21131 California Building Standards Comm.
Building Standards Commission Special Revolving Fund
Quarterly Fees Oct to Dec 2024 $ 340.02
21132 COMCAST City Hall Internet Service January 2025 $ 211.67 21133 Crystal Springs Water Co Bottled Water Service at City Hall December 2024 $ 70.00 21134 Delta Dental of California
Employee Dental Service January 2025 (Invoice
BE006384915) $ 469.96
21135 Department of Conservation
Strong Motion Instrumental Quarterly Fees Oct to Dec
2024 $ 1,166.15
21136 Dicar Networks, Inc.
IT Service Fees for October and December 2024 and
Meeting with Bay Cities Joint Powers Insurance
Authority (Invoices 145202, portion of 145252, and
145270) $ 6,928.00
21137 Frontier Communications City Hall Telephone Service 12/19/2024 to 1/18/2025 $ 137.89 21138 Heidi's Commercial Cleaning
City Hall Cleaning Service December 2024 (Invoice
106) $ 750.00
21140 Logan & Powell, LLP
City Attorney Services December 2024 (Invoices 7045
and 7046) $ 8,407.00
21141 Pacific Gas & Electric City Hall Electrical Service 11/14/2024 to 12/13/2024 $ 196.40 21142 Porter Capital Corp
Temporary Accounting Services 12/23/2024 to
1/5/2025 (Invoices 8658 and 8672) $ 5,180.00
21143 Santa Clara Co Registrar
Final Billing for November Election (Invoice NOV24-
030) $ 1,464.00
21144 RICOH USA, INC. Copier Rental Services (Invoice 1102281435) $ 17.71 21145 Ridley Master
Legal Services Padgett v. City of Monte Sereno (Invoice 48770) $ 47.00
21146 San Jose Water
City Hall Water Service 9/27/2024 to 11/27/2024
Invoice 963720000-09) $ 590.56
21147 SANDIS
Preparation of Storm Water Plans for City Hall (Invoice 2409419) $ 1,800.00
21148 Santa Clara Valley Transportation Auth
Valley Transportation Valley Authority Annual Fees
(Invoice 1800035987) $ 2,708.05
21197 The Great Plumbing Co Refund for Business License Paid Twice $ 61.06 21198 State Compensation Ins Fund
Workers Compensation Monthly Premium January 2025
(Invoice 1002384768) $ 766.50
21199 Town of Los Gatos Finance Department Police Services December 2024 (Invoice 5500000233) $ 94,626.17 21200 League of California Cities
League of California Cities Annual Membership 2025
(Invoice INV-27033-B6R4X8) $ 2,956.00
21201 Dicar Networks, Inc.
IT Service Fees for November 2024 (Invoice 145232 and
portion of 145252) $ 3,464.00
21202 Porter Capital Corp
Temporary Accounting Services 1/5/2025 to 1/12/2025
(Invoice 8696) $ 3,237.50
Total $ 175,979.69
CITY OF MONTE SERENO
CHECK REGISTERS
CHECK DATE: Jan 14 2025
STAFF REPORT
Meeting: City Council - Jan 21 2025
Agenda Heading: CONSENT CALENDAR
Staff Contact: Diana Perkins, City Planner/Interim City Manager Department: Administration
Title: Consider Establishment of the Monte Sereno City Council Improving Financial Controls and Reporting Ad Hoc Committee and Appoint Council Members to the Committee
Recommendation(s):
Staff recommends the City Council consider the creation of the Improving Financial Controls and Reporting Ad-Hoc Committee and appoint Council Members Mekechuk and Shannon to the Committee.
Background Information:
The City Council of Monte Sereno utilizes ad-hoc committees as subcommittees of the City Council for special assignments and to complete work tasks on projects which are later presented to the full Council for consideration. Ad-hoc committee assignments are for one-year terms and expire automatically. While ad-hoc committees are not subject to Brown Act requirements regarding agendas and open meetings, any permanent or standing committees created by the City Council are subject to such requirements, even if less than a quorum of the Council sits on such committees. Thus, ad hoc committees should be limited in scope and duration of no more than one year.
At the January 7, 2025 City Council meeting, the Council directed staff to prepare a resolution to establish an ad hoc committee to address Finance Department issues and that Council members Mekechuk and Shannon would be appointed to the Committee. The draft resolution is attached to this report.
Public Noticing:
The City of Monte Sereno's Council meeting agenda was posted on the bulletin board outside of Monte Sereno's City Hall and the agenda with this staff report can be accessed on the City of Monte Sereno's website located at www.montesereno.org.
Attachments:
Draft Resolution Finance Ad Hoc Committee
RESOLUTION NO. 24-###
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO
ESTABLISHING THE IMPROVING FINANCIAL CONTROLS AND REPORTING AD
HOC COMMITTEE 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 improving financial controls and reporting effective January 22, 2025 through January 21, 2026; and
WHEREAS, the purpose of the Improving Financial Controls And Reporting Ad Hoc Committee is to accomplish the following:
• Review alternatives to replace the City’s existing financial reporting system and recommend a system to City Council;
• Ensure that the recommended financial reporting system has appropriate cybersecurity features and reduces the City’s exposure to cybersecurity threats; • Propose improvements to the monthly close process using the recommended financial reporting system;
• Update internal controls over financial reporting;
• Investigate collaborative and cost-effective finance and accounting alternatives with other small cities/towns; and
• Work with staff to engage with third party consultant(s) to complete the tasks noted above.
NOW, THEREFORE, BE IT RESOLVED that City Council hereby forms the Improving Financial Controls and Reporting Ad Hoc Committee effective January 22, 2025, until no later than January 21, 2026, to work with the City Manager to advise staff on proposed modifications to current financial systems and processes; and BE IT FURTHER RESOLVED that Council Member Mekechuk and Council Member Shannon are hereby appointed to the Improving Financial Controls and Reporting Ad Hoc Committee.
REGULARLY ADOPTED AND PASSED this 21st day of January 2025, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Burton Craig, Mayor
ATTESTED:
__________________________
Gloisy Gonzalez-Langarica, City Clerk
STAFF REPORT
Meeting: City Council - Jan 21 2025
Agenda Heading: PUBLIC HEARINGS
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Conduct a Public Hearing on the 2025 Weed Abatement Program and Adopt a Resolution Overruling Objections and Determining to Proceed with Weed Abatement
Recommendation(s):
Staff recommends the City Council hold a Public Hearing on the 2025 Weed Abatement Program and adopt a resolution overruling objections and determining to proceed with Weed Abatement.
Background Information:
The City has a weed abatement process set forth in the City’s Municipal Code in Chapter 8.02.
Pursuant to Section 8.02.010, “No owner, agent, lessee or other person occupying or having charge or control of any building, lot or premises within the City of Monte Sereno shall permit weeds, brush, dirt, rubbish, rank growths and other hazardous material to remain upon said premises, or public sidewalks, or streets, or alleys between said premises and the centerline of any public street or alley.” To enforce this provision of the Municipal Code, the City works with Santa Clara County to remove weeds and brush throughout the City. On December 17, 2024, in coordination with the County of Santa Clara, property owners who have accumulated weeds and brush on their property were notified of the obligation to remove the weeds and brush.
On December 17, 2024, the City Council adopted a resolution declaring the existence of as nuisance caused by weeds, brush, dirt and other similar hazards existing on those properties within the City that have not complied with the written notice in accordance with Municipal Code Section 8.02.050. The resolution identified the problem properties and created a deadline to address problem conditions. Per the Municipal Code, the owners must clean up those problem conditions within 30 days, unless that period is extended by written agreement with the City Engineer/Fire Marshal.
In accordance with Municipal Code Chapter 8.02, now that the 30-day period has passed, the City Council is holding a public hearing to consider objections to why the City should not cause abatement to take place on any properties where the owners have not cleaned up their weeds, brush, dirt, and other hazards.
In accordance with Chapter 8.02, now that the 30-day period has passed, the City Council is holding a public hearing to consider objections to why the City should not cause abatement to take place on any properties where the owners have not cleaned up their weeds, brush, dirt, and other hazards.
After the public hearing, the City Council can adopt an order to abate. In accordance with Municipal Code Section 8.02.080, City staff or County Contractor would be authorized to enter the properties after the City Council adopts an order to abate and remove the weeds and to assess the costs of abatement as a lien on the property. Liens are imposed after providing the owner with a report of costs that is confirmed by the City Council following another public hearing. The costs of such abatement can then be collected via the tax roll. This process allows the City to undertake uniform code enforcement simultaneously across all problem parcels in the City.
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:
Draft Resolution
2025 Monte Sereno Commencement Report
2025 Directors Letter
Affidavit of Mailing
Notice to Residents
RESOLUTION NO. 25-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO
OVERRULING ANY OBJECTIONS AND DETERMINING TO PROCEED WITH WEED
ABATEMENT
WHEREAS, the City Council adopted Resolution 24-3921 on December 17, 2024, which by its terms the Council did declare as a public nuisance all weeds, dirt, rubbish, and other hazardous material growing, located or existing upon streets, sidewalks, alleys, or upon certain private property in the City; and
WHEREAS, the City Council fixed Tuesday, January 21, 2025, at the hour of 7:00 p.m. as the time and place for hearing all objections to the proposed destruction or removal of weeds, dirt, rubbish, or other hazardous material and the Fire Marshal did prepare notices to destroy weeds and remove dirt, rubbish, and other hazardous material, and did, in the time and manner prescribed by Chapter 2 entitled “Weed Abatement” of Title 8 of the Monte Sereno Municipal Code, cause copies of the Notice to be conspicuously posted in three (3) prominent places in the City of Monte Sereno; and WHEREAS, a Public Hearing to consider any objections was held on January 21, 2025.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Monte Sereno, as follows:
1. The City Manager or her designee is hereby ordered to abate the nuisance declared by Resolution No. 24-3921 by having weeds, dirt, rubbish, or other material removed pursuant to Chapter 8.02 of Title 8 of the Monte Sereno Municipal Code and, for this purpose, the City Manager or such persons as may be designated by the City Manager may enter upon private property to abate the nuisance. Any property owner may remove weeds, dirt, rubbish, or other hazardous material at his or her own expense prior to the arrival of the City Manager or her designee to remove them.
2. Any objections to the proposed removal of weeds, dirt, rubbish, or other hazardous material were presented are hereby overruled, and such determination is final.
3. The City Manager or her designee shall keep an account of the cost of abatement in front of or on each separate parcel of land where work is done and prepare an itemized written report showing this cost, which shall be subject to confirmation and hearing by the City Council prior to being imposed as an assessment against the parcel, all as more particularly described in Chapter 8.02 of Title 8 of the Monte Sereno Municipal Code.
REGULARLY ADOPTED AND PASSED this 21st day of January 2025, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Burton Craig, Mayor
ATTESTED:
__________________________
Gloisy Gonzalez-Langarica, City Clerk
Situs APN CITY/STATE
2025 WEED ABATEMENT PROGRAM
COMMENCEMENT REPORT
CITY OF MONTE SERENO Exhibit A
1 15315 KARL AVE 409-41-003 CARSON, BARBARA L TRUSTEE PO BOX 6122 TAHOE CITY CA 96145 2 16215 SEABORN CT 410-20-052 BECKNER, RUTH M TRUSTEE 16215 SEABORN CT MONTE SERENO CA 95030-0000 3 16219 SEABORN CT 410-20-053 RADHAKRISHNAN, MANOJ K AND 16219 SEABORN CT MONTE SERENO CA 95030-0000 4 16221 SEABORN CT 410-20-054 RAO, SATYA AND CHADHA-RAO , 300 FAIRVIEW AVE WINNETKA IL 60093 5 18305 CONSTITUTIO AVE 410-29-002 SHIVSAN LLC 18305 CONSTITUTION AVE MONTE SERENO CA 95030 6 BECKY LN 410-42-013 WONG, GILBERT TRUSTEE P O BOX 700005 SAN JOSE CA 95170 7 15890 MATILIJA DR 510-07-038 MILLER, RONALD J AND JOAN T 15890 MATILIJA DR MONTE SERENO CA 95030-3073 8 18240 BANCROFT AVE 510-12-002 MASSIH, MALIHEH 17260 NALOR CT LOS GATOS CA 95032-0000 9 16301 RIDGECREST AVE 510-21-036 SPENCE, ARTHUR L 16301 RIDGECREST AVE MONTE SERENO CA 95030-4139 10 16255 RIDGECREST AVE 510-21-058 ROOHPARVAR, FARIBORZ F AND 16255 RIDGECREST AVE MONTE SERENO CA 95030-4139 11 16177 RIDGECREST AVE 510-21-083 TABARI, K K AND DORIS M TRUSTEE 16177 RIDGECREST AVE MONTE SERENO CA 95030-4137 12 510-21-094 MISSERLIAN, MIHRAN AND 888 BRANNAN ST STE 160 SAN FRANCISCO CA 94103 12 records of 12 Santa Clara County Weed Abatement Program Page 1 Page 21 of 82
W.‘o
Co ty of Santa C ara
Consumer and Environmental Protection Agency
Weed Abatement Division
1553Berger Drive
Building 1
San Jose, CA 95112
(408) 282-3145
Fax (408) 286-2460
AFFIDAVIT OF MAILING
Notice of Public Hearing for the Jurisdictions of:
Monte Sereno
declares as follows: That he/shg is a citizen of the United States, over the age of 18 years, that at all times herein mentioned was an employee/agent of the County of Santa Clara.
deposited in the United States Post Of?ce, California, a Notice of Hearing, a copy of which is attached hereto. That said mailing list has been provided by the applicant and lists the owners of property who are entitled to Notice of Hearing. That on said day, there was a regular communication by United States mail between San Jose, California and the addresses shown on the attached mailing list.
I declare under penalty of perjury that
the foregoing is true and correct.
Date: lQ/Q?/ol 4'
By W
1553 Berger Drive
Building 1
San Jose, CA 95112
(408) 282-3123
Board of Supervisors: Sylvia Arenas, Cindy Chavez, Otto Lee, Susan Ellenberg, S. Joseph Simitian County Executive: James R Williams
NOTICE OF PUBLIC HEARING TO DESTROY WEEDS AND BRUSH AND REMOVE DIRT,
RUBBISH AND OTHER HAZARDOUS MATERIAL
NOTICE IS HEREBY GIVEN that on December 17, 2024, pursuant to the provisions of the Monte Sereno City Municipal Code Section 8.02.05, the City Council passed a resolution declaring that all weeds, dirt, rubbish and other hazardous material growing, located or existing upon any private property or in any street, sidewalk or alley constitute public nuisance, which nuisance must be abated by the destruction or removal thereof, otherwise they will be removed and the nuisance abated by the City and the cost of the removal shall be assessed upon the lots and lands from which, or from the front or rear of which, such weeds, dirt, rubbish or other hazardous material shall have been removed and such cost will constitute a lien upon such land until paid.
NOTICE IS FURTHER GIVEN that property owners shall, within thirty (30) days after the adoption of such resolution, or within the time specified in a written agreement with the City Manager or his representatives , whichever time shall be later, destroy or remove all such weeds, brush, dirt, rubbish and other hazardous material from their property, the abutting sidewalks, and the abutting half of the street in front and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds, brush, dirt, rubbish and other hazardous material will be destroyed or removed and such nuisance abated by the City of Monte Sereno. Should the City be required to abate the nuisance, the cost of such destruction or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds, brush, dirt, rubbish or other hazardous material shall have been destroyed or removed; and such cost will constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected .
All property owners having any objections to the proposed destruction or removal of such weeds, dirt, rubbish or other hazardous material are hereby notified to attend a meeting of the City Council of the City of Monte Sereno at 18041 Saratoga-Los Gatos Rd., Monte Sereno, California, to be held on Tuesday, January 21, 2025, at 7:00 p.m., or as soon thereafter as the matter can be heard, when their objections will be heard and given due consideration.
Date: December 21, 2024
Monte Sereno City Council
By: ______________________________
Gloisy Gonzalez-Langarica, City Clerk
18041 Saratoga-Los Gatos Road
Monte Sereno, California 95030-4299
Telephone: 408.354.7635
Fax: 408.395.7653
www.cityofmontesereno.org
Docusign Envelope ID: A2FF7C05-70EB-4094-811A-7FDECB28353C
STAFF REPORT
Meeting: City Council - Jan 21 2025
Agenda Heading: UNFINISHED 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 installation 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.
January 7, 2025 City Council Meeting Follow-Up
At the January 7, 2025 City Council meeting, Council directed staff to return with additional information regarding specific concerns, which is provided below. Civil Rights Indemnification – Concerns were raised by Council regarding a recent lawsuit in Virginia against Flock claiming violations of the Fourth Amendment. The case in Virginia appears to be an aberration. Case law consistently shows that license plate readers do not constitute a warrantless search because they take photos of cars in public and cannot continuously track the movements of any individual. License plates are issued by the government for the express purpose of identifying vehicles in public places for safety reasons. Courts have persistently found that there is no reasonable expectation of privacy in a license plate on a vehicle on a public road, and photographing one is not a Fourth Amendment search. Appellate and federal district courts in at least fourteen states have upheld the use of evidence from license plate readers as constitutional without requiring a warrant, including the 9th and 11th circuits.
Based on feedback from the Council, the City Attorney requested that additional indemnification rights be included in the agreement with Flock to ensure that in the
event the City is sued for Civil Rights violations due to the use of license plate readers.
Attorneys for Flock are unwilling to indemnify the City for Civil Rights violations. Civil Rights violations only occur when someone is acting “under color of law” which means they are acting in their official capacity as a government official. Therefore, they believe that such indemnification language would require Flock to be liable for damages which may have been caused by the conduct of the Los Gatos Monte Sereno Police Department which is well beyond Flock’s control and purview. Their position is that to include the requested indemnity could force Flock to take on responsibility even though they have zero oversight/control over the conduct. Although not complete protection, section 11.1 of the agreement requires Flock to comply with all laws and regulations which could include the Constitution. If they are found to be violating the Constitution, they would be in breach of the contract.
Existing Private Flock ALPRs – A question was raised about locations of existing privately funded cameras as compared with the proposed City funded camera locations and if the City should take over the annual costs for existing privately funded cameras.
The locations City funded cameras are intended around the perimeter of the City and not focused on a specific street or area. Most of the locations of the existing privately funded cameras are located at the interior of the City and in a specific neighborhood or street(s). The privately funded cameras will remain an option for individual property owners or groups of neighbors to provide coverage of specific streets. Privacy Concerns – Concerns about how the data will be used and stored related to potential privacy concerns were raised at the previous meeting. Attached to this staff report is the current Los Gatos Monte Sereno Police Department policy on the use of ALPRs, which includes information about the Department’s training, operations, and data collection and retention. This existing policy will apply to the Flock cameras in Monte Sereno.
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 installation 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 installation 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 installation 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 installation 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 installation 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.
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 installation.
Attachments:
1. Flock Safety Group Master Service Agreement Draft
2. LGMSPD ALPR Policy
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:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
PO Number:
Policy
432
Los Gatos/Monte Sereno Police Department
Los Gatos Monte Sereno Police Department Policy Manual
Copyright Lexipol, LLC 2019/08/02, All Rights Reserved.
Published with permission by Los Gatos/Monte Sereno Police Department
Automated License Plate Readers (ALPRs) - 1
Automated License Plate Readers (ALPRs)
432.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology. 432.2 ADMINISTRATION OF ALPR DATA
The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates. It is used by the Los Gatos/Monte Sereno Police Department to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery.
All installation and maintenance of ALPR equipment, as well as ALPR data retention and access shall be managed by the Support Services Division Lieutenant. The Support Services Division Lieutenant will assign personnel under his/her command to administer the day-to-day operation of the ALPR equipment and data.
432.2.1 ALPR ADMINISTRATOR
The Support Services Division Lieutenant shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code 1798.90.51; Civil Code § 1798.90.53):
(a) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information.
(b) Training requirements for authorized users.
(c) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (d) Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52.
(e) The title and name of the current designee in overseeing the ALPR operation. (f) Working with the Custodian of Records on the retention and destruction of ALPR data. (g) Ensuring this policy and related procedures are conspicuously posted on the department’s website.
432.3 OPERATIONS
Use of an ALPR is restricted to the purposes outlined below. Department members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
(a) An ALPR shall only be used for official law enforcement business.
Los Gatos/Monte Sereno Police Department
Los Gatos Monte Sereno Police Department Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2019/08/02, All Rights Reserved.
Published with permission by Los Gatos/Monte Sereno Police Department
Automated License Plate Readers (ALPRs) - 2
(b) An ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR.
(c) While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR-equipped cars to canvass areas around homicides, shootings and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles.
(d) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training.
(e) No ALPR operator may access department, state or federal data unless otherwise authorized to do so.
(f) If practicable, the officer should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert.
432.4 ALPR DATA COLLECTION AND RETENTION
All data and images gathered by an ALPR are for the official use of law enforcement and because such data may contain confidential CLETS information, it is not open to public review. ALPR information gathered and retained may be used and shared with prosecutors or others only as permitted bylaw. Data contained in the South Bay Information Sharing System (SBISS) and Northern California Intelligence Center (NCRIC) servers is for law enforcement investigatory files. As such, the data is not subject to disclosure pursuant to Government Code 6254(f).
Data collected by the ALPR units is uploaded to the SBISS and NCRIC servers. All ALPR uploaded information to the SBISS and NCRIC servers are stored for a minimum of one year (Government Code § 34090.6), unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a lawful action to produce records. In those circumstances the applicable data should be obtained from the host SBISS and NCRIC agency servers, made available to this agency, and downloaded onto portable media and booked into evidence.
The Support Services Lieutenant is responsible to ensure proper collection and retention of ALPR data.
432.5 ACCOUNTABILITY
All data will be closely safeguarded and protected by both procedural and technological means.
The Los Gatos/Monte Sereno Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52).
Los Gatos/Monte Sereno Police Department
Los Gatos Monte Sereno Police Department Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2019/08/02, All Rights Reserved.
Published with permission by Los Gatos/Monte Sereno Police Department
Automated License Plate Readers (ALPRs) - 3
(b) Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action.
(c) ALPR system audits should be conducted on a regular basis. (d) ALPR system audits on the SBISS and NCRIC system are conducted by a senior SBISS ad NCRIC official other than the person assigned to manage the ALPR function:
1. Name of the law enforcement user
2. Agency of the law enforcement user
3. Date and time of the access
4. Activities execute
5. License plate(s) searched
6. Justification of the search
7. Associated agency case number
Audit reports from SBISS will be provided periodically and on request to supervisory personnel at the SBISS host and partner agencies. Audit reports from NCRIC will be reported to the Director of NCRIC.
All security or data breaches, will be reported to the users parent agency. 432.6 RELEASING ALPR DATA
The ALPR data may be shared or disseminated only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law, using the following procedures:
(a) The agency makes a written request for discovery of the ALPR data evidence that includes:
1. The name of the agency.
2. The name of the person requesting.
3. The intended purpose of obtaining the information.
(b) The request is reviewed by a Division Lieutenant or the authorized designee and approved before the request is fulfilled.
(c) The approved request is retained on file.
Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55).
Los Gatos/Monte Sereno Police Department
Los Gatos Monte Sereno Police Department Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2019/08/02, All Rights Reserved.
Published with permission by Los Gatos/Monte Sereno Police Department
Automated License Plate Readers (ALPRs) - 4
432.7 TRAINING
The Support Services Lieutenant or designated training manager should ensure that members receive department-approved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
STAFF REPORT
Meeting: City Council - Jan 21 2025
Agenda Heading: UNFINISHED BUSINESS
Staff Contact: Diana Perkins, City Planner/Interim City Manager Department: Administration
Title: Discuss Options for Uses of the Auxiliary Building as well as Potential Alterations to City Hall
Recommendation(s):
Staff recommends that the City Council review and provide direction to staff on the future use of the auxiliary building and potential alterations to City Hall.
Background Information:
Over the past several years, the Council has considered different options for remodeling the vacant auxiliary building next to City Hall. Bids were received for four different project scopes which were all rejected by Council due to budget constraints.
At the November 19, 2024 City Council meeting, the Council directed staff to review options for different uses of the auxiliary building, including the possibility of leasing the building.
Additionally, Council directed staff to review options for potential alterations to the City Hall to provide a space that could better serve community groups and meetings.
Status of Grant Funds for the Auxiliary Building Remodel/Community Building Three grants were awarded for the construction of a community center/building at the auxiliary building. Following is a summary of each grant including the description and status of the grant:
Name Amount Scope Deadline
Silicon Valley Clean
Energy Community
Resilience Program –
Capital Projects
Grant
$18,475
To be used towards
the design costs to
create an all-electric
community room at
the auxiliary building.
Grant funds have
been received. They
will need to be
returned if the
auxiliary building is
not remodeled as a
public space.
2018 Parks Bond Act
Per Capita Grant $180,171 To create a community center at Project needs to be
completed by June
Name Amount Scope Deadline
Program the auxiliary building. 30, 2028. If the
community center
project is not
completed, there are
other options for this
grant, including the
possibility of using it
to create usable
open space in
conjunction with the
required stormwater
project at City Hall.
Silicon Valley Clean
Energy
Decarbonization
Grant
$500,000
For the design and
construction of a
community center
that is all-electric,
has a photovoltaic
system with a battery
back-up, heat hump
HVAC, heat pump
water heater and the
building is required to
be open to the public
and include an
engagement element
to inform the public
about the
decarbonization
features.
Contract for
construction needs to
be awarded by June
30, 2025.
Analysis:
Potential Uses of the Auxiliary Building
Lease the Building
At the November 19, 2024 City Council meeting several public comments were made regarding the possibility of leasing the building to a private user. Staff contacted a local real estate agent to inquire about the marketability of this building for lease. Feeback was received that the auxiliary building could accommodate a small office use such as a law office, architect/design studio, therapist/counselor’s office, or a real estate office.
Monthly rent could be expected to be between $3,500 and $5,000 depending on the condition of the building. However, commercial leases typically require that the landlord provide a ‘warm shell’ building. This would mean that the two interior floors would need to be leveled, interior sheetrock replaced, a disabled accessible bathroom provided, a disabled accessible parking and path of travel to the building entrance, heating/cooling systems provided, and a kitchenette would be highly desirable. The tenant would then construct the interior walls, floor finishes, and design the interior to fit their needs. The city would need to incur the costs to create a ‘warm shell’ building.
Additionally, the current zoning code does not include provisions for a professional office as an allowed use. Therefore, the zoning code would need to be amended to create such a zoning district and the property would need to be re-zoned.
Staff also contact the Postmaster at the Los Gatos Post Office to inquire about the possibility of a Post Office branch opening in this building. The Postmaster stated the auxiliary building and site are not large enough to move the operations from the Los Gatos location into this site.
Additionally, the Postmaster noted that the Post Office is currently downsizing and not expanding their locations.
Use as a Storage Space for Staff
The building can remain in its current condition and continue to be used as a storage space with access to the building by City staff only. The interior of the space is un-finished, the power has been shut off due to exposed wiring, and only the lower floor level is currently being used.
Potential Alterations to City Hall
During the discussion at the November 19, 2024 meeting, Council considered how City Hall could be altered to accommodate the community meeting space that was envisioned in the Community Center.
Staff met with Kohlsaat and Associates architects to review the current City Hall building and potential alterations. They provided an estimate of $15,000 to complete a feasibility study to provide conceptual layouts for how a conference room can be provided and how to make the Council Chambers more usable as a community meeting space.
Fiscal Impact:
The fiscal impact would depend on the action taken by the City Council. The cost of a feasibility study could be absorbed into the operating budget. Additional costs beyond this amount may need to be drawn from the City’s reserve funds.
Public Noticing:
The City of Monte Sereno's Council meeting agenda was posted on the bulletin board outside of Monte Sereno's City Hall and the agenda with this staff report can be accessed on the City of Monte Sereno's website located at www.montesereno.org.
STAFF REPORT
Meeting: City Council - Jan 21 2025
Agenda Heading: NEW BUSINESS
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Consider and Appoint One Additional Member to the 2024-2025 Monte Sereno Youth Commission
Recommendation(s):
Staff recommends that the City Council consider one additional application for the 2024-2025 Monte Sereno Youth Commission and appoint the applicant to the Youth Commission.
Background Information:
The Youth Commission ordinance calls for appointments of Youth Commissioner annually and allows for up to fifteen Youth Commissioners. Currently the Youth Commission has a total of eight members. The City received an additional application from the following Monte Sereno youth:
Rory Mackin
The appointed applicant will be required to fill out and sign the Monte Sereno Youth Volunteer Waiver and Release of Liability form.
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:
Monte Sereno Youth Volunteer Waiver and Release of Liability Form Application - Rory Mackin - Youth Commission
OAK #4827-3493-4715 v1
CITY OF MONTE SERENO YOUTH VOLUNTEER
WAIVER AND RELEASE OF LIABILITY FORM
In consideration of being allowed to participate in a City of Monte Sereno commission or volunteer program, I acknowledge and agree that:
1. My child (or I) is volunteering my services for the City of Monte Sereno on a voluntary basis without anticipation of payment of any kind.
2. I acknowledge that the City of Monte Sereno may extend its workman's compensation coverage to authorized volunteers and I agree to accept that coverage.
3. My child (or I) will perform tasks that are within his/her (or my) physical capability to the best of his/her (or my) ability, and my child (or I) will not undertake tasks that are beyond his/her (or my) ability. I certify to the best of my knowledge, that my child's (or my) current physical condition is satisfactory for participation in this activity, and that he/she (or I) am free of any health problem that would affect his/her (or my) ability to participate.
4. I agree to inform my child (or I agree) not to use any equipment or tools with which my child (or I) am unfamiliar or do not know how to operate safely.
5. I agree to inform my child (or I agree) to perform only those tasks assigned, observe all safety rules, and use care in the performance of assignments.
6. I agree that my child (or I) may be photographed, videotaped or recorded and that said photographs, videos or recordings may be used for promotional materials by the City. I understand that my child (or I) will not receive compensation for the use of these and that my child (or I) will not be given notice of when these materials are used.
7. I acknowledge that the City will defend and indemnify my child (or myself) in any claim or action arising from my child's (or my) acts that are within the scope of my child's (or my) duties as a volunteer, but only to the extent that such indemnification or defense is expressly required by law. I further acknowledge that the City is not required to indemnify my child (or me) against a claim for punitive damages except as authorized by the City Council pursuant to Government Code Section 825 (b). I agree, however, to defend and indemnify the City in any claim or action arising from my child's (or my) acts that are outside the scope of my child's (or my) volunteer duties.
8. In the event that my child (or I) use a personal vehicle in order to participate in any City-related commission or volunteer activity, I agree to maintain my own automobile liability insurance for bodily injury and property damage, which shall be the primary insurance coverage, and that any insurance or self-insurance maintained by the City shall be considered excess of such insurance and shall not contribute with it. I hereby also grant a waiver of any right of subrogation which any such insurer may acquire against the City by virtue of the payment of any loss.
9. I acknowledge that loss or damage to my child's (or my) personal property used while providing volunteer services may not be reimbursable under City regulations.
10. I hereby authorize and give my consent for medical care to be given in an emergency situation to the below named child (or to me) while volunteering.
11. THIS AGREEMENT IS BINDING ON MY HEIRS, PERSONAL REPRESENTATIVES, NEXT OF KIN, SPOUSE AND ASSIGNS.
Volunteer's Name (print) ___________________________________________ Date of birth ____/____/____
Address __________________________________________________________ City ___________________________ Zip _______-_____ Phone # ( )_______________ Emergency Phone #'s ( )______________________/ ( )______________________ Volunteer's Signature (if participant is 18 years or older) ________________________ Date Signed ____/____/____
Parent/Legal Guardian signature required if volunteer is 17 years of age or younger.
This is to certify that as a parent/legal guardian of this volunteer, I do consent to his/her waiver and release as set forth above. My child has my permission to volunteer. I realize that participation in this program is voluntary.
Parent/Guardian Name (print) _______________________________ Relationship______________________ Parent/Guardian Signature __________________________________________ Date Signed ____/____/____
City of Monte Sereno
Commission Application
Date Received: January 7, 2025
Applying for: Youth Commission
Name: Rory Mackin
Length of Residency: 7 months
Previously Held Elected or
Appointed Governmental
Positions:
none
Civic or Charitable Organizations
You Have Belonged To:
Martha's Kitchen, Wimberley Community Center, Vasona Parks and Recreation, Lifeguard
Education: Westmont High School
Why do you want to be on the
selected Commission?:
I would like to volunteer to help serve my community.
Tell us about your skills,
experience, or interests that
relate to the Commission that
you feel would assist us in
considering your application:
I am CPR and First Aid certified. I love living in Monte Sereno and want to keep the town great.
Please list your current
commitments:
Varsity Basketball, Part time basketball coach
What strengths do you possess
that you believe will make you a
successful commissioner?:
I am a good listener and am patient. I like to help.
What do you see as the
important issues in Monte
Sereno?:
I don't know.
What strengths do you possess
that you believe will make you a
successful commissioner?:
I am a good listener and am patient. I like to help.
What, if any, career interests do
you have currently?:
I like to coach. I like welding in my Manufacturing Tech class. I am not sure what I want to do after college.
STAFF REPORT
Meeting: City Council - Jan 21 2025
Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner/Interim City Manager Department: Administration
Title: Accept the Mid-Year Budget Report for Fiscal Year 2024-2025 and Make a Determination of Necessary Staff Reductions Due to Operation Issues.
Recommendation(s):
Staff recommends that the City Council review and accept the mid-year budget report for fiscal year 2024-2025 and make a determination of necessary staff reductions due to operation issues.
Background Information:
City Council approved the Fiscal Year 2024-2025 (FY 24/25) budget on June 18, 2024. The adopted budget included projected revenues of $4,718,200 in the operating budget and expenditures of $4,692,719. The $25,481 in surplus revenue was projected to be placed into the reserves at the end of the year.
Analysis:
The mid-year budget status report is to provide the Council with the status of the revenues and expenditures through December 31, 2024, which is 50% of the fiscal year.
Attachment 1 includes a table showing the adopted budget, actual revenues and expenditures through December 31, 2024, and a year-end projection.
Revenues – Operating Budget
The City’s main revenue source, property tax, which accounts for 63% of total General Fund revenue, is on track to meet the amount projected in the adopted budget. The following is a summary of the major deviations from other projected revenues:
Franchise Tax – Budgeted amount is $476,000, which is approximately 11% higher than the previous year’s actual revenue. The revised projection of franchise tax revenue is $354,328, which is twice the revenue received for the first half of the year and is a better reflection of historical actuals for this revenue source. This is a reduction of approximately $121,600 in revenue.
Other Revenue – The majority of fees in this category are Road Impact Fees, which are charged with certain building permits. Through the mid-year, these fees have totaled approximately $60,000. The year-end projection of approximately $126,000 is based on the mid-year actual revenue.
Interest – The City’s reserve funds are invested in Treasury Bills. The interest received has been higher than the planned amount. The projection for interest income increased from a budgeted amount of $206,000 to $230,000, which is twice the interest received for the first half of the fiscal year. This is an increase in $24,000 in revenue.
Expenditures – Operating Budget
Overall operating expenditures are tracking slightly below budgeted amount through the first six months of the fiscal year. The following is a summary of the major deviations from projected expenditures:
Personnel – The personnel expenditures include salaries and benefits for City employees. The projected year end expenditures are approximately $350,000 less than the budgeted amount. This is due to staff vacancies as well as a reduction in personnel for operational reasons.
The reduction in personnel includes one part-time project manager/special project position as well as changing the full-time maintenance position to part-time. The part-time project manager/special project position was filled in June of 2023 with the intent that this position would manage the Community Center construction. As the Community Center project is not moving forward, this position is no longer needed. The maintenance position was originally filled as a part-time position in May 2023. In October 2023 the position was moved to full-time. The maintenance staff position works to address issues of debris on a road, illegal dumping on the side of a road, ensuring street/traffic signs are visible, and clearing debris from storm drains. Due to the relatively small area of the City and the limited number of City facilities/buildings, this workload warrants a part-time position rather than full-time.
General Government and Administration - While personnel costs are lower due to staff vacancies, the consultant costs included in General Government and Administration are higher than planned due to the increased use of consultants to fill the vacancies. These costs are anticipated to be $68,000 higher than the budgeted amounts.
City Attorney – The City Attorney expenditures include the City Attorney retainer, special projects, and outside attorney consultation expenses including litigation and consultation. Due to increases in legal issues, these expenses are anticipated to be approximately $220,000 at the end of the year compared with $100,000 which was budgeted.
Building Maintenance – The mid-year costs include $25,000 for the exterior painting of the City Hall building. Although this was a Capital Improvement Project, the costs can be absorbed into the operating budget for this year rather than being taken from the reserves. As such, the projected year-end costs are approximately $26,000 higher than planned.
Equipment and Improvement –The mid-year costs are higher than planned due to increased costs of information technology consulting services to respond to multiple Public Records Act requests, as well as under-budgeting for costs associated with the public meeting agenda software. In total, the yearend projected costs are $30,000 higher than the budgeted amount.
Capital Improvement Projects
In addition to the operating budget, the adopted FY 24/25 budget also included the following Capital Improvement Projects (CIP):
Flock Cameras - The City Council included the installation of Flock cameras as one of the strategic goals for FY 24/25. The one-time installation of the Flock Camera system is expected to cost approximately $60,000. The annual operating costs of the system are expected to be approximately $50,000, which will be an on-going cost in the operating budget once the system is installed. These ongoing costs will be incorporated into the Fiscal Year 2025-2026 operating budget.
City Hall Exterior Painting - The exterior of the City Hall building was painted in July 2024. This project has been completed and the $25,000 in budgeted funds were spent from the operating budget rather than taken from the reserves. Unfunded Pension Liabilities - An Unfunded Accrued Liability (UAL) for the California Public Employees' Retirement System (CalPERS) is the difference between the cost of future benefits and the assets available to pay for them. The approved budget included approximately $58,000 in annual payments for the unfunded liability. At that rate, the current unfunded liabilities will be paid in 10 to 15 years. However, additional unfunded liabilities may accumulate due to a variety of factors including the performance of the CalPERS investment portfolio, changes in actuarial assumptions, and experience changes.. Council may want to consider contributing additional funds to this liability at the end of this fiscal year if the net surplus exceeds the projected amount. General Plan Update - California state law requires each city to adopt a general plan and update the document every 15-20 years. The current Monte Sereno General Plan was adopted in 2008, except for the Housing Element, which was most recently adopted in April 2024. The Council approved a contract with M-Group consultants to assist with this project. The project will span two years with a cost of approximately $87,500 each year.
Community Center Building - The Council has considered various options for remodeling for the auxiliary building next to City Hall. There is currently approximately $695,000 in grant funding awarded for this project and approximately $500,000 identified from the City’s reserve fund. The scope and direction of the project is still under review.
Green Stormwater Project - As part of the Municipal Regional Stormwater Permit, which governs stormwater regulations for Monte Sereno, the City is required to provide
treatment of storm water for approximately 9,000 square feet of currently un-treated area (i.e. impervious pavement, building roof area, etc.). Staff is working with a consultant to prepare plans for meeting this requirement at City Hall by modifying the roof drainage, landscaping along Highway 9, and portions of the asphalt parking area.
This project was previously estimated to cost $125,000. That cost will be updated as necessary as the project gets underway.
Annual Pavement Management - The FY 24/25 pavement management project includes street maintenance at the portion of Twin Creeks from the Aquinas Creek bridge to the intersection of Via Caballero, as well as at W. Ellenwood Avenue. The plans for these projects are currently being prepared. The project will then need to be bid and a contract awarded by Council before the work will begin. The estimated cost of this work is $380,000. The funding sources for this project include Measure B ($87,000), gas taxes ($191,500), and Road Impact Fees ($120,000).
Daves Avenue Safety Improvement - The City Council approved $30,000 in funds for safety improvements at the Daves Avenue S-curve. Approximately $9,200 was spent for installation of the three speed humps. The remaining funds will be used to extend the sidewalk along the southern side of Daves Avenue between the S-curve and Daves Elementary School. Plans still need to be prepared for that project.
Fiscal Impact:
Based on the actual mid-year expenses and revenues, staff projects that at the end of the fiscal year, the net surplus will be approximately $123,600, which is an increase approximately $98,000 from the budgeted surplus of $25,400.
Public Noticing:
The City of Monte Sereno's Council meeting agenda was posted on the bulletin board outside of Monte Sereno's City Hall and the agenda with this staff report can be accessed on the City of Monte Sereno's website located at www.montesereno.org.
Attachments:
1. FY 2425 Mid-Year Budget Summary
Adopted FY 2024-2025
Budget
Mid-Year Actuals
7/1/2024 -
12/31/2024 (50% of
Fiscal Year)
Mid-Year
Actual % of
Adopted
Budget
End of Year Actual
Projection
$ Change from
Adopted Budget to
End of Year Projection
Revenues
Property Tax 2,990,600 1,089,606 36% 2,990,600 0
Licenses and Permits 806,900 437,797 54% 806,900 0
Franchise Tax 476,000 162,357 34% 354,328 (121,672)
Intergovernmental 118,700 16,903 14% 118,700 0
Other Revenue 28,000 63,284 226% 126,568 98,568
Gas Tax 0 105,316 -- -- --
Interest 206,000 115,374 56% 230,749 24,749
Real Property Tax 76,900 39,756 52% 79,513 2,613
Sales Tax 8,500 3,774 44% 8,500 0
Fines 6,600 223 3% 446 (6,154)
Total Revenue 4,718,200 2,034,392 4,716,304 (1,896)
City of Monte Sereno
Mid-Year Budget Review - FY 24/25
Adopted FY 2024-2025
Budget
Mid-Year Actuals
7/1/2024 -
12/31/2024 (50% of
Fiscal Year)
Mid-Year
Actual % of
Adopted
Budget
End of Year Actual
Projection
$ Change from
Adopted Budget to
End of Year Projection
Expenditures
Personnel 1,916,373 904,503 47% 1,563,373 (353,000)
Law Enforcement 1,235,514 489,798 40% 1,235,514 0
Construction 20,000 0 0% 20,000 0
General Government 440,932 322,204 73% 508,409 67,477
Maintenance 222,500 8,559 4% 222,500 0
Administration 602,700 204,506 34% 602,700 0
City Attorney 100,000 110,977 111% 221,954 121,954
Building Maintenance 24,000 38,844 162% 50,000 26,000
Equipment and Improvement 60,000 45,286 75% 90,572 30,572 Building and Improvement 0 7,460 -- 10,000 10,000
City Audit 52,900 4,222 8% 52,900 0
Engineering 15,000 11,940 80% 11,940 (3,060)
Special Districts 2,800 301 11% 2,800 0
Total Expenditures 4,692,719 2,148,601 4,592,663 (100,057) Net Surplus/
(Deficit) 25,481 123,641 98,160
City of Monte Sereno
Mid-Year Budget Review - FY 24/25
STAFF REPORT
Meeting: City Council - Jan 21 2025
Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner/Interim City Manager Department: Administration
Title: Consider and Accept the City Manager's Quarterly Report Covering October 1, 2024 through December 31, 2024
Recommendation(s):
Staff recommends that the City Council consider and accept the City Manager's report.
Public Noticing:
The City of Monte Sereno's Council meeting agenda was posted on the bulletin board outside of Monte Sereno's City Hall and the agenda with this staff report can be accessed on the City of Monte Sereno's website located at www.montesereno.org.
Attachments:
City Manager’s Quarterly Report October-December 2024
City Manager’s Highlights
October – December 2024
General Plan Update
As required by the Housing Element programs and approved by the City Council as part of the FY 24/25 budget, the General Plan update project has begun.
California state law requires each city and county to adopt a general plan “for the physical development of the county or city, and any land outside its boundaries which in the planning agency's judgment bears relation to its planning” (Government Code 65300). The State also requires the General Plans to include the following eight elements (sections): land use, circulation, housing (on a separate, 8-year, cycle), conservation, open space, noise, safety, and environmental justice (new for general plans adopted after 2020).
The State recommends that General Plans be comprehensively updated every 10-15 years to reflect changes in community values, economic conditions, and emerging issues and challenges. The current Monte Sereno General Plan was adopted in 2008, except for the Housing Element which was adopted in May 2024.
The General Plan update will follow the same format as the current 2008 General Plan and will update policies where needed. The updated Safety Element will include additional State requirements that address wildfire evacuation issues and will link to Santa Clara County’s ongoing Multi-Jurisdictional Local Hazard Mitigation Plan (LHMP) update.
Metropolitan Planning Group (M-Group) is the City’s consultant on this project. The project web site is online at: https://www.monteserenogpu.com/ which provides information about the General Plan, surveys will be included at various stages for community input, and users can sign up to be included in the electronic newsletters about the project.
Housing Element Implementation Update
The adopted Housing Element includes a total of 28 Programs that need to be completed during the current Housing Element cycle, which ends in 2031. Several of the programs are on-going efforts such as improving the permitting process, promoting ADUs for senior and lower income housing, and providing educational information on fair housing. Other programs are specific items to be completed such as Municipal Code updates and zoning for multi-family housing.
In December the City Council adopted tow ordinances which amended several sections of the City’s Zoning Code and Subdivision Code as required by various Housing Element Programs.
These ordinances completed seven different Housing Element programs.
In addition, staff is also working on the multi-family rezoning which is required by the Housing Element and expects to also bring that draft ordinance to the Commission and City Council in the first half of this year.
Building Department
Building permit activity for the past three months was as follows:
October – December
2024
Same Range
Last Year
Permits/Inspections
Building Permits Issued 63 73
Construction Valuation $10,561,151 $9,172,853
Building Permit Revenue $268,459 $256,321
Inspection Completed 212 244
Engineering Department
A consulting City Engineer, Donya Amiri, started on January 6, 2025 and has been working in the Engineering Department in early January 2025 filling in for the vacant City Engineer position. She is working on several outstanding projects including preparing plans and bid documents for the annual pavement management projects, completing speed studies for the city, as well as coordinating with the Town of Los Gatos staff on AB413 which requires daylighting at crosswalks to enhance pedestrian safety.
Permitting Modules
Over the past few year staff has been working to modernize our permitting processes and systems, which had previously been done through paper files and without any online services.
Both the Building Department permit and Planning Department permit submittal and processing is now completely electronic with online submittals and online permit issuance.
Staff is now working on developing electronic tracking systems for the Code Enforcement case tracking and inspections as well as Engineering Department encroachment permits. These modules will include online services to allow customers submit cases and applications online and obtain permits online.
Staff CPR and AED Training
Staff received CPR training from the Santa Clara County Fire Department on November 5, 2024. The training also included how to use the City’s new Automated External Defibrillator (AED), which is on the wall in the Council Chambers.
Monte Sereno City Council
2025 Tentative Council Meeting Calendar
Updated: January 16, 2025
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
Consider Establishment of an Appointment to the Monte Sereno City Council Improving Financial Controls and Reporting Ad Hoc Committee DP 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
Flock Cameras 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
Consider and Appoint One Additional Member to the 2024-2025 Monte Sereno Youth Commission
GGL N New Business
February 4, 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 DP N New Business
Monte Sereno City Council
2025 Tentative Council Meeting Calendar
Updated: January 16, 2025
Council Meeting
Date
Agenda Item Staff Public
Hearing?
Agenda
Category
Deadline, Selection Dates, and Budget Amount
February 18, 2025 Finance Reports DP N Consent Calendar Meeting Minutes GGL N Consent Calendar
Receive Information Regarding the CalPERS Unfunded Pension Liabilities DP N New Business Police Contract DP N New Business
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
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 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
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
Monte Sereno City Council
2025 Tentative Council Meeting Calendar
Updated: January 16, 2025
Council Meeting
Date
Agenda Item Staff Public
Hearing?
Agenda
Category
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
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
Monte Sereno City Council
2025 Tentative Council Meeting Calendar
Updated: January 16, 2025
Council Meeting
Date
Agenda Item Staff Public
Hearing?
Agenda
Category
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
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
Monte Sereno City Council
2025 Tentative Council Meeting Calendar
Updated: January 16, 2025
Council Meeting
Date
Agenda Item Staff Public
Hearing?
Agenda
Category
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 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