Agenda — Temecula City Council, December 12, 2023 (part 2 of 2)

SEC. 4. The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter cities.

SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to Ievy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or 94 Ch. 162 —12 —
because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
94 ORDINANCE NO.2022-03

AN INTERIM URGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF TEMECULA ENACTED
PURSUANT TO GOVERNMENT CODE SECTION 65858

ESTABLISHING EMERGENCY REGULATIONS RELATED

TO URBAN LOT SPLITS AND HOUSING UNITS BUILT IN
ACCORDANCE WITH SENATE BILL 9, DECLARING THE

URGENCY THEREOF AND MAKING A DETERMINATION

OF EXEMPTION UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES
SECTION 15061(B)(3) AND GOVERNMENT CODE
SECTION 65852.21(J)

THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Legislative Findings. The City Council of the City of Temecula does find, determine and declare that:

A. California state law allows a City to adopt an interim ordinance that imposes temporary restrictions on the approval of land use entitlements that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body or planning commission intends to study within a reasonable time. Pursuant to California Government Code Section 65858, this interim urgency zoning Ordinance must be adopted by not less than a four - fifths vote of the City Council and will be in effect for forty-five (45) days from the date of its adoption. The City Council may consider an extension of this interim Ordinance pursuant to the legal requirements provided in Government Code Section 65858.

B. On September 16, 2021 California Governor Gavin Newsom signed SB 9, entitled the "California Home Act", into law, which establishes a series of new regulations to allow for ministerial approval of two units on parcels located in single-family residential zones as outlined in Government Code Sections 65852.21 and 66411.7. SB 9 took effect on January 1, 2022.

C. SB 9 requires cities to ministerially approve a parcel map for an urban lot split and/or a proposed housing development containing a maximum of two residential units within a single-family residential zone, if the two -unit or subdivision project meets certain statutory criteria.

SB 9 specifies that proposed projects and subdivisions cannot be proposed in prohibited locations under Government Code Section 65913.4(a)(6)(B)-(K), such as in an earthquake fault zone, lands under conservation easement, a federally designated flood plain, and high fire hazard severity zones as defined under state law.

D. SB 9 further restricts the standards and regulations that local agencies may impose on qualifying two -unit or subdivision projects. In addition, SB 9 permits a local agency to deny a proposed two -unit or subdivision project only if the agency makes a written finding based on preponderance of the evidence that the proposed project would have a specific, adverse impact

upon public health and safety or the physical environment, which is a very high standard for municipalities to meet under the statute.

E. The City of Temecula's natural beauty, high quality of life, and diverse residential communities are uniquely valuable public resources. Some parcels within the City are also within high fire hazard severity zones, or other locations where increased density may cause safety concerns. The City has substantial interests in protecting the community against these hazards.

Unregulated or disorderly development represents an ever-increasing and true threat to the health, welfare and safety of the community.

F. SB 9 specifically authorizes local agencies to impose objective zoning, subdivision, and design standards consistent with the bill's provisions, and to adopt an ordinance to implement its provisions. The default standards contained in the new state law lack sufficient objective zoning, subdivision, and design standards to preserve the health, welfare and safety of the community. The City of Temecula desires to clarify the objective zoning and design standards that will apply to the ministerial review of qualifying urban lot splits and residential developments in the City's single-family residential zones.

G. The City Council is concerned that under the City's current zoning standards and current general plan policies, the approval of qualifying urban lot splits and residential developments pursuant to SB 9 might cause a disproportionate public health, safety and welfare impact to the City of Temecula community and to its residents - including potential detrimental impacts on vehicular and pedestrian safety, emergency response, and housing affordability - without compensating benefits to the community.

H. The City Council finds that studies need to be conducted to determine the proper location, concentration, regulations, and other land use regulatory controls that need to be in place in order to ensure that the approval of qualifying urban lot splits and residential developments pursuant to SB 9 does not burden the City and its residents and that the procedures for allowing such uses need to be studied to enable the City to address and mitigate potential burdens on the communities affected by these developments.

I. The City Council finds that in order to best protect the immediate threat to the public health, safety, and welfare, it is necessary for the City to immediately study and analyze the implications of approving qualifying urban lot splits and residential developments pursuant to SB 9 in the City.

J. To accomplish this, the City Council intends to impose, on an urgency basis, emergency regulations related to urban lot splits and residential developments proposed pursuant toSB9.

K. These emergency regulations will allow City staff, the City Council, property owners, and the people of the City of Temecula sufficient time to analyze the burdens that urban lot splits and residential developments proposed pursuant to SB 9 will have on the City so that the appropriate land use regulatory controls and zone changes can be adopted if needed. During this period, the City will be able to analyze their potential impacts on the public health. The City Council finds that these studies will help the City Council and the City's Planning Department

determine how best to prevent impacts to the public health, safety and welfare. The City Council further finds that these emergency regulations will allow time to evaluate the City's General Plan designations and policies, Housing Element programs, zoning measures or development standards and develop appropriate regulations for qualifying urban lot splits and residential developments in the City to achieve a reasonable level of assurance that there will not be serious negative impacts to the overall community and ensure positive outcomes for the City's residents, business community, property owners, and developers.

L. The City Council finds that it is necessary that this interim Ordinance take effect immediately as there is a current and immediate threat to the public health, safety and welfare.

Without this interim Ordinance, urban lot splits and residential developments proposed pursuant to SB 9 may be established in the City that may be in conflict with regulations ultimately adopted.

Without this interim Ordinance, such urban lot splits and residential developments may be allowed to develop within the City that are incompatible with surrounding neighborhoods. Therefore, a current and immediate threat to the public safety, health and welfare exists.

M. For the reasons specified above and all the evidence in the record, the City Council finds that there is a current and immediate threat to the public health, safety and welfare caused by the approval of qualifying urban lot splits and residential developments pursuant to SB 9 in the City, and that the approval of any entitlement to allow such type of use would constitute a current and immediate threat to the public health, safety, and welfare of the residents of the City.

SECTION 2. Adoption as an Urgency Interim Zoning Ordinance. This interim Ordinance is adopted as an urgency zoning ordinance pursuant to the provisions of Government Code Section 65858(a), and shall be effective immediately upon its adoption. Based upon the findings set forth in Section 1 of this interim Ordinance, the City Council finds and determines that the adoption of this interim Ordinance as an urgency ordinance is necessary for the immediate preservation of public health, safety and welfare pursuant to the requirements of Government Code Sections 65858(a) and 36937(b).

SECTION 3. Prohibition on SB 9 Projects that Fail to Comply with Certain Standards. Notwithstanding any other ordinance or provision of the Temecula Municipal Code, SB 9 Development Projects, as defined herein, are prohibited unless the project complies with the following requirements:

A. Definitions. For the purposes of this interim Ordinance, certain words and phrases are defined as follows:

1. "Accessory Dwelling Unit" has the same meaning ascribed in California Government Code Section 65852.2, as the same may be amended from time to time.

2. "Junior Accessory Dwelling Unit" has the same meaning ascribed in California Government Code Section 65852.22, as the same may be amended from time to time.

3. "Primary Residence" means the original dwelling on the property.

4. "SB 9" means a state law passed by the California state senate and approved by the Governor on September 16, 2021. The bill amends Government Code section 66452.6 and adds Government Code sections 65852.21 and 66411.7.

5. "SB 9 Development Project" consists of an Urban Lot Split or development project proposed pursuant to the regulations set forth in SB 9.

6. "Urban Lot Split" means a parcel map subdivision permitted pursuant to the regulations set forth in SB 9 that creates no more than two parcels of approximately equal size.

B. Applicability: Ministerial Compliance Review.

1. Notwithstanding any other provision of the Temecula Municipal Code, the provisions of this interim Ordinance shall apply to SB 9 Development Projects and Urban Lot Splits that are proposed for lots in the Hillside Residential (HR), Rural Residential (RR), Very Low Density Residential (VL), Low Density Residential (L-1 and L-2), and Low Medium Density Residential (LM) zoning districts, as well as areas within Specific Plans and Planned Development Overlay Areas that are limited to single family residential uses. Except as expressly provided in this interim Ordinance or SB 9, all other regulations of the underlying zone of a property developed pursuant to SB 9 shall apply, along with all other applicable regulations from the Temecula Municipal Code.

2. Proposed SB 9 Development Projects shall be subject to ministerial review by the Community Development Director or his designee to determine whether the criteria for approval have been met. An Urban Lot Split shall be processed as a parcel map, but no discretionary review or public hearing shall be conducted if all required criteria have been met.

3. Notwithstanding Government Code Section 66411.1, the City shall not require dedications of rights -of -way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an Urban Lot Split.

4. Applicants are required to submit an application, including any maps, records, or other documents required by the Community Development Director. Applicants must provide a sworn statement affirming eligibility with SB 9 regulations.

5. The City may, at the applicant's expense, conduct independent inquiries and investigation to ascertain the veracity of any or all portions of the sworn statement.

C. General Requirements. A property owner seeking approval of an SB 9 Development Project shall comply with the following general requirements:

1. SB 9 and all objective requirements of other applicable state law including the Subdivision Map Act.

2. The Temecula Municipal Code, including Titles 16 (Subdivisions), 15 (Buildings and Construction) and 17 (Zoning), except as expressly provided in SB 9 or in this interim Ordinance.

3. Execution and recording of a covenant, supplied by the City and subject to the approval of the City Attorney, that contains the following provisions:
a. Non-residential uses on the site shall be prohibited; b. The short term rental for periods less than 30 days of any units on the site shall be prohibited as provided in Section 17.06.030; Any subsequent Urban Lot Split of land that was previously subdivided with an Urban Lot Split shall be prohibited; d. Except as provided in Government Code Section 66411.7 for community land trusts and qualified nonprofit corporations, the owner of the property for which an Urban Lot Split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the Urban Lot Split;
e. Ongoing compliance with all SB 9 requirements and restrictions shall be required;
f. Access to the public right-of-way shall be maintained in perpetuity; and
g. All required parking shall be maintained.

4. If the SB 9 Development Project involves an Urban Lot Split, one of the two parcels created shall include a deed restriction for one income restricted dwelling unit that shall be rented or leased at an affordable rent for very low, low or moderate -income households (as defined in Health and Safety Code Section 50053). The deed restriction shall remain in place for a period of not less than fifty-five years. Upon request from the City, the property owner shall furnish a copy of the rental or lease agreement for the deed restricted unit.

D. Objective Standards. All SB 9 Development Projects shall comply with the following objective standards:

1. All new development resulting from an urban lot split must comply with the City's Objective Design Standards adopted by City Council (Ordinance 2022-02, and City Council Resolution 2022-08 and their successor

ordinances and resolutions), to the extent those standards are consistent with SB 9 and this Interim Ordinance.

2. For an urban lot split that results in only one new unit being developed on the lot, the new development shall match the existing primary dwelling unit's roof pitch; roof type shapes (e.g.; s-tiles, flat tiles, etc.); materials, and colors; siding/stucco finish and color; base materials (e.g.; rocks/brick on columns); window sizes and shapes; and trim material and color.

3. One enclosed or partially enclosed parking space is required for each unit created pursuant to the regulations in SB 9 and this interim Ordinance, unless the parcel upon which the unit is created is within one-half mile walking distance of a high quality transit corridor or a major transit stop or there is a car share vehicle located within one block of the project. Required parking for an Urban Lot Split lot shall be accessed via an alley, if there is an alley adjacent to the lot.

4. The new lot line must be a straight line starting from the front property line to the rear property line, or side if it is a corner lot. There shall be no curves or angles when subdividing a lot.

5. Non-public utility electrical elements such as wires, conduits, junction boxes, transformers, ballasts, and switch and panel boxes shall be concealed from view from adjacent public rights -of -way.

6. All flashing, sheet metal vents, and pipe stacks shall be painted to match the adjacent roof or wall material.

7. Pedestrian access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley.

8. More than 25 percent of the exterior structural walls of a Primary Residence shall not be demolished if the Primary Residence has been occupied by a tenant in the three years prior to the submission of an SB 9 Development Project application.

9. No unit created pursuant to the regulations in SB 9 and this interim Ordinance shall exceed 16 feet and one story in height.

10. No unit created pursuant to the regulations in SB 9 and this interim Ordinance shall be more than 1,200 square feet in floor area. For the purposes of this interim Ordinance, basements shall count as floor area.

11. Any units created pursuant to the regulations in SB 9 and this interim Ordinance shall have a minimum four foot setback from all side and rear lot lines except as allowed by Government Code Section 65852.21.

12. Any units created pursuant to the regulations in SB 9 and this interim Ordinance shall be separated from any other units on the same lot by at least 10 feet.

13. An SB 9 Development Project shall not require the demolition or alteration of any of the following:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

C. Housing that has been occupied by a tenant in the three years prior to the submission of an SB 9 Development Project application. d. Housing units removed from the rental market under the Ellis Act within the 15 years prior to the submission of an SB 9 Development Project application.

14. A SB 9 Development Project shall not be permitted on a parcel located in:
a. Prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the State Department of Conservation.
b. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

C. A very high fire hazard severity zone, as determined by the State Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the State Department of Forestry and Fire Protection pursuant to Public Resources Code Section 4202. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Government Code Section 51179, or, sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
d. A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the State Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Public

Health, State Water Resources Control Board, or State Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
e. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.
f. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless either of the following are met: (1) the site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the City, or (2) the site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
g. A regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no -rise certification in accordance with Section

60.3(d)(3) of Title 44 of the Code of Federal Regulations. h. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C.

Sec. 1531 et seq.), or other adopted natural resource protection plan. i. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant 8 Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
i. Lands under conservation easement.
k. A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or a site that is designated or listed as a local landmark or historic property or district by the City.

15. SB 9 projects shall comply with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), the MSHCP implementing agreement, and pay any applicable fees including any local development mitigation fee.

16. An Urban Lot Split shall comply with SB 9, the standards set forth above, and the following standards:
a. No lot resulting from an Urban Lot Split shall be smaller than 1,200 square feet.
b. No lot resulting from an Urban Lot Split shall have more than two residential units inclusive of any Accessory Dwelling Unit or Junior Accessory Dwelling Unit.

C. The two lots resulting from an Urban Lot Split shall be approximately equal in size, and no smaller than 40 percent or larger than 60 percent of the lot area of the original parcel. d. No flag lots shall be created as a result of an Urban Lot Split if the subject property is adjacent to an alley, located on a corner, or on a through lot.
e. The width of any lot resulting from an Urban Lot Split shall not be less than 20 feet wide.
f. The proposed parcel map shall demonstrate the ability to access the public right-of-way in perpetuity.

E. Exceptions. The Community Development Director shall approve an exception to any of the standards specified in this interim Ordinance upon determining that complying with the standard would physically preclude the construction of up to two residential units per lot or would physically preclude either of the two residential units from being 800 square feet in floor area.

F. Denial. The Building Official may deny an application for an SB 9 Development Project upon making both of the following findings in writing based upon a preponderance of evidence:

1. The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code Section 65589.5(d)(2).

2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

SECTION 4. CEQA Finding. The City Council hereby finds, in the exercise of its independent judgment and analysis, that this interim Ordinance is exempt from the California Environmental Quality Act ("CEQA") because it can be seen with certainty that this interim Ordinance has no likelihood of causing a significant negative effect on the environment and accordingly both the City Council's action of adopting this interim Ordinance and the effects derivative from that adoption are exempt from the application of CEQA pursuant to State CEQA Guideline Section 15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)). This interim Ordinance will provide temporary emergency regulations related to SB 9 Development Projects and Urban Lot Splits in the City in order to protect the public health, safety, and general welfare, and will thereby serve to avoid potentially significant adverse environmental impacts during the term of the emergency regulations. There is no possibility that adopting this interim Ordinance will have a significant effect on the environment. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations and no environmental analysis is required. Furthermore, this interim Ordinance is exempt from the CEQA pursuant to Government Code Section 65852.210). The Community Development Director shall prepare and file a Notice of Exemption for this interim Ordinance.

SECTION 5. Planning Studies. City staff shall promptly commence the studies they may deem necessary and appropriate to make a recommendation to this City Council regarding the structuring of the General Plan, zoning and other necessary regulatory controls over SB 9 Development Projects within the City of Temecula. Pursuant to Government Code Section 65858(d), City staff shall prepare and submit for City Council adoption, at least ten (10) days prior to the expiration of this interim Ordinance, or any extension hereof, a written report describing the measures taken to alleviate the conditions which led to the adoption of this interim Ordinance.

SECTION 6. Extension of Time. The Community Development Director and the City Clerk's office shall undertake all actions legally necessary to extend this interim Ordinance in the event the studies desired by this City Council will not be concluded on or before the forty-fifth (45th) day subsequent to the adoption of this interim Ordinance.

SECTION 7. Effect of Ordinance. This interim Ordinance is intended to supersede any ordinance or resolution of the City of Temecula in conflict with the terms of this interim Ordinance; provided, however, that nothing contained in this interim Ordinance is intended to nor shall be construed to impair the prosecution or other enforcement action for violations of such ordinances.

SECTION 8. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this interim Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this interim Ordinance. The City Council hereby declares that it would have adopted this interim Ordinance, and each section, subsection, subdivision, sentence, 10 clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional.

SECTION 9. Effective Date. This interim Ordinance shall take effect immediately upon its passage. It shall be of no further force or effect forty-five (45) days from the date of its adoption unless extended pursuant to the legal requirements contained in Government Code Section 65858.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of February, 2022.

ATT
Randi Johl, City Clerk
[SEAL]
1 Matt Rahn, Mayor

1 STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2022-03 was duly adopted and passed as an interim urgency ordinance at a meeting of the City Council of the City of Temecula on the 22°d day of February, 2022, by the following vote:

AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank, Stewart
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Randi Johl, City Clerk
12 ORDINANCE NO.2022-05

AN INTERIM URGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF TEMECULA, EXTENDING
INTERIM URGENCY ORDINANCE NO. 2022-03,

ESTABLISHING EMERGENCY REGULATIONS
PURSUANT TO GOVERNMENT CODE SECTION 65858 ON

URBAN LOT SPLITS AND HOUSING UNITS BUILT IN
ACCORDANCE WITH SENATE BILL 9, AND MAKING A

DETERMINATION OF EXEMPTION UNDER CEQA

THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Prior Ordinance. On February 22, 2022, the City Council adopted Interim Urgency Ordinance No. 2022-03 establishing emergency regulations pursuant to Government Code Section 65858 on urban lot splits and housing units built in accordance with Senate Bill 9. That ordinance has a term of forty-five (45) days and is scheduled to expire on April 8, 2022.

SECTION 2. Legislative Findings. The City Council of the City of Temecula does find, determine, and declare that:

A. California state law allows a City to adopt an interim ordinance that imposes temporary restrictions on the approval of land use entitlements that may be in conflict with a contemplated general plan, specific plan or zoning proposal that the legislative body or planning commission intends to study within a reasonable time. Pursuant to California Government Code Section 65858, an interim urgency zoning ordinance must be adopted by not less than a four -fifths vote of the City Council and is effective for forty-five (45) days from the date of its adoption.

B. The City Council may consider up to two (2) extensions of Interim Urgency Ordinance No. 2022-03 pursuant to the legal requirements provided in Government Code Section 65858. The City Council may initially extend Interim Urgency Ordinance No. 2022-03 by up to ten (10) months and fifteen (15) days. Then, City Council may extend Interim Urgency Ordinance No. 2022-03 for one (1) subsequent year. Both extensions require a four -fifths vote of the City Council.

C. On September 16, 2021, California Governor Gavin Newsom signed SB 9, entitled the "California Home Act", into law, which establishes a series of new regulations to allow for ministerial approval of two units on parcels located in single-family residential zones as outlined in Government Code Sections 65852.21 and 66411.7. SB 9 took effect on January 1, 2022.

D. SB 9 requires cities to ministerially approve a parcel map for an urban lot split and/or a proposed housing development containing a maximum of two residential units within a single-family residential zone, if the two -unit or subdivision project meets certain statutory criteria. SB 9 specifies that proposed projects and subdivisions cannot be proposed in prohibited locations under Government Code Section 65913.4(a)(6)(B)-(K), such as in an earthquake fault

zone, lands under conservation easement, a federally designated flood plain, and high fire hazard severity zones as defined under state law.

E. SB 9 further restricts the standards and regulations that local agencies may impose on qualifying two -unit or subdivision projects. In addition, SB 9 permits a local agency to deny a proposed two -unit or subdivision project only if the agency makes a written finding based on preponderance of the evidence that the proposed project would have a specific, adverse impact upon public health and safety or the physical environment, which is a very high standard for municipalities to meet under the statute.

F. Some parcels within the City are within high fire hazard severity zones, or other locations where increased density may cause safety concerns. The City has substantial interests in protecting the community against these hazards. Unregulated or disorderly development represents an ever-increasing and true threat to the health, welfare and safety of the community.

G. SB 9 specifically authorizes local agencies to impose objective zoning, subdivision, and design standards consistent with the bill's provisions, and to adopt an ordinance to implement its provisions. The default standards contained in the new state law lack sufficient objective zoning, subdivision, and design standards to preserve the health, welfare and safety of the community. The City of Temecula desires to clarify the objective zoning and design standards that will apply to the ministerial review of qualifying urban lot splits and residential developments in the City's single-family residential zones.

H. The City Council is concerned that under the City's current zoning standards and current general plan policies, the approval of qualifying urban lot splits and residential developments pursuant to SB 9 might cause a disproportionate public health, safety and welfare impact to the City of Temecula community and to its residents — including potential detrimental impacts on vehicular and pedestrian safety, emergency response, and housing affordability — without compensating benefits to the community.

I. The City Council finds that studies need to be conducted to determine the proper location, concentration, regulations, and other land use regulatory controls that need to be in place in order to ensure that the approval of qualifying urban lot splits and residential developments pursuant to SB 9 does not burden the City and its residents and that the procedures for allowing such uses need to be studied to enable the City to address and mitigate potential burdens on the communities affected by these developments.

J. The City Council finds that in order to best protect the immediate threat to the public health, safety, and welfare, it is necessary for the City to immediately study and analyze the implications of approving qualifying urban lot splits and residential developments pursuant to SB 9 in the City. To accomplish this, the City Council imposed, on an urgency basis, emergency regulations related to urban lot splits and residential developments proposed pursuant to SB 9.

K. The City Council now finds that it is necessary to extend the emergency regulations.
2 L. These emergency regulations will allow City staff, the City Council, property owners, and the people of the City of Temecula sufficient time to analyze the burdens that urban lot splits and residential developments proposed pursuant to SB 9 will have on the City so that the appropriate land use regulatory controls and zone changes can be adopted if needed.

During this period, the City will be able to analyze their potential impacts on the public health.

The City Council finds that these studies will help the City Council and the City's Planning Department determine how best to prevent impacts to the public health, safety and welfare. The City Council further finds that these emergency regulations will allow time to evaluate the City's General Plan designations and policies, zoning measures or development standards and develop appropriate regulations for qualifying urban lot splits and residential developments in the City to achieve a reasonable level of assurance that there will not be serious negative impacts to the overall community and ensure positive outcomes for the City's residents, business community, property owners, and developers.

M. The City Council finds that it is necessary that this Interim Urgency Ordinance take effect immediately as there is a current and immediate threat to the public health, safety and welfare. Without this Interim Urgency Ordinance, urban lot splits and residential developments proposed pursuant to SB 9 may be established in the City that may be in conflict with regulations ultimately adopted. Without this Interim Urgency Ordinance, such urban lot splits and residential developments may be allowed to develop within the City that are incompatible with surrounding neighborhoods. Therefore, a current and immediate threat to the public safety, health and welfare exists.

N. For the reasons specified above and all the evidence in the record, the City Council finds that there is a current and immediate threat to the public health, safety and welfare caused by the approval of qualifying urban lot splits and residential developments pursuant to SB 9 in the City, and that the approval of any entitlement to allow such type of use would constitute a current and immediate threat to the public health, safety, and welfare of the residents of the City.

SECTION 3. Compliance with Government Code Section 65858(d).

Government Code Section 65858(d) requires that ten days prior to the expiration or extension of any interim zoning ordinance, the City Council must issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. On March 8, 2022, the City Council issued this report.

SECTION 4. Adoption as an Interim Urgency Zoning Ordinance. This Ordinance is adopted as an interim urgency zoning ordinance pursuant to the provisions of Government Code Section 65858(a), and shall be effective immediately upon its adoption. Based upon the findings set forth in Section 2 of this Interim Urgency Ordinance, the City Council finds and determines that the adoption of this Interim Urgency Ordinance as an urgency ordinance is necessary for the immediate preservation of public health, safety, and welfare pursuant to the requirements of Government Code Sections 65858(a) and 36937(b).

SECTION 5. Emergency Regulations Extended. The emergency regulations enacted by the City of Temecula pursuant to Interim Urgency Ordinance No. 2022-03 are hereby extended pursuant to Government Code Section 65858 for ten (10) months and fifteen (15) days so as to extend these regulations until and through February 21, 2023. The urgency ordinance

hereby extends emergency regulations of urban lot splits and housing units built in accordance with Senate Bill 9.

SECTION 6. Term. This Interim Urgency Ordinance shall take effect immediately upon adoption, and this Interim Urgency Ordinance shall expire, and the emergency regulations established hereby shall terminate, ten (10) months and fifteen (15) days after the 45- day expiration date of Interim Urgency Ordinance No. 2022-03, unless extended by the City Council at a regularly noticed public hearing pursuant to California Government Code Section 65858. The City Council shall retain the authority to terminate or to limit the scope of the emergency regulations at any time.

SECTION 7. CEQA Finding. The City Council hereby finds, in the exercise of its independent judgment and analysis, that this Interim Urgency Ordinance is exempt from the California Environmental Quality Act ("CEQA") because it can be seen with certainty that this Interim Urgency Ordinance has no likelihood of causing a significant negative effect on the environment and accordingly both the City Council's action of adopting this Interim Urgency Ordinance and the effects derivative from that adoption are exempt from the application of CEQA pursuant to State CEQA Guideline Section 15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)). This Interim Urgency Ordinance will provide temporary emergency regulations related to SB 9 Development Projects and Urban Lot Splits in the City in order to protect the public health, safety, and general welfare, and will thereby serve to avoid potentially significant adverse environmental impacts during the term of the emergency regulations. There is no possibility that adopting this Interim Urgency Ordinance will have a significant effect on the environment. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations and no environmental analysis is required.

Furthermore, this Interim Urgency Ordinance is exempt from the CEQA pursuant to Government Code Section 65852.210). The Community Development Director shall prepare and file a Notice of Exemption for this Interim Urgency Ordinance.

SECTION 8. Planning Studies. City staff shall continue the studies commenced pursuant to Interim Urgency Ordinance No. 2022-03 that they deem necessary and appropriate to make a recommendation to this City Council regarding the structuring of the General Plan, zoning and other necessary regulatory controls over SB 9 Development Projects within the City of Temecula. Pursuant to Government Code Section 65858(d), City staff shall prepare and submit for City Council adoption, at least ten (10) days prior to the expiration of this Interim Urgency Ordinance, or any extension hereof, a written report describing the measures taken to alleviate the conditions which led to the adoption of this Interim Urgency Ordinance.

SECTION 9. Extension of Time. The Community Development Director and the City Clerk's office shall undertake all actions legally necessary to extend this Interim Urgency Ordinance in the event the studies desired by this City Council will not be concluded on or before the termination of the Urgency ordinance.

SECTION 10. Effect of Ordinance. This Interim Urgency Ordinance is intended to supersede any ordinance or resolution of the City of Temecula in conflict with the terms of this Interim Urgency Ordinance; provided, however, that nothing contained in this Interim Urgency 4 Ordinance is intended to nor shall be construed to impair the prosecution or other enforcement action for violations of such ordinances.

SECTION 11. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Interim Urgency Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Interim Urgency Ordinance. The City Council hereby declares that it would have adopted this Interim Urgency Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 12. Effective Date. This Interim Urgency Ordinance shall take effect immediately upon its passage. It shall be of no further force or effect ten (10) months and fifteen (15) days from the 45-day expiration date of Interim Urgency Ordinance No. 2022-03, unless extended pursuant to the legal requirements contained in Government Code Section 65858.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22°d day of March, 2022.
u
ATTE
Randi Johl, City Clerk
[SEAL]
1 CIL.,
Matt Rahn, . ayor

1 STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2022-05 was duly adopted and passed as an interim urgency ordinance at a meeting of the City Council of the City of Temecula on the 22°d day of March, 2022, by the following vote:

AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank, Stewart
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
4 �
Randi Johl, City Clerk
6 ORDINANCE NO.2023-01

AN INTERIM URGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA,
EXTENDING INTERIM URGENCY ORDINANCE NO.2022-
03, ESTABLISHING EMERGENCY REGULATIONS
PURSUANT TO GOVERNMENT CODE SECTION 65858 ON

URBAN LOT SPLITS AND HOUSING UNITS BUILT IN
ACCORDANCE WITH SENATE BILL 9, AND MAKING A

DETERMINATION OF EXEMPTION PURSUANT TO
GOVERNMENT CODE SECTION 65852.21(J) AND

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
GUIDELINES SECTION 15061(B)(3)

THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Prior Ordinance. On February 22, 2022, the City Council adopted Interim Urgency Ordinance No. 2022-03 establishing emergency regulations pursuant to Government Code Section 65858 on urban lot splits and housing units built in accordance with Senate Bill 9. That ordinance has an initial term of forty-five (45) days, which the Council extended for an additional ten (10) months and fifteen (15) days on March 22, 2022. Interim Urgency Ordinance No. 2022-03 is scheduled to expire on February 21, 2023.

SECTION 2. Legislative Findings. The City Council of the City of Temecula does find, determine, and declare that:

A. California state law allows a City to adopt an interim ordinance that imposes temporary restrictions on the approval of land use entitlements that may be in conflict with a contemplated general plan, specific plan or zoning proposal that the legislative body or planning commission intends to study within a reasonable time. Pursuant to California Government Code Section 65858, an interim urgency zoning ordinance must be adopted by not less than a four -fifths vote of the City Council and is effective for forty-five (45) days from the date of its adoption.

B. The City Council may consider up to two (2) extensions of Interim Urgency Ordinance No. 2022-03 pursuant to the legal requirements provided in Government Code Section 65858. The City Council may initially extend Interim Urgency Ordinance No. 2022-03 by up to ten (10) months and fifteen (15) days. Then, the City Council may extend Interim Urgency Ordinance No. 2022-03 for one (1) subsequent year. Both extensions require a four -fifths vote of the City Council.

C. On September 16, 2021 California Governor Gavin Newsom signed SB 9, entitled the "California Home Act", into law, which establishes a series of new regulations to allow for ministerial approval of two units on parcels located in single-family residential zones as outlined in Government Code Sections 65852.21 and 66411.7. SB 9 took effect on January 1, 2022.

SB 9 in the City. To accomplish this, the City Council imposed, on an urgency basis, emergency regulations related to urban lot splits and residential developments proposed pursuant to SB 9.

K. The City Council now finds that it is necessary to extend the emergency regulations.

L. These emergency regulations will allow City staff, the City Council, property owners, and the people of the City of Temecula sufficient time to analyze the burdens that urban lot splits and residential developments proposed pursuant to SB 9 will have on the City so that the appropriate land use regulatory controls and zone changes can be adopted if needed.

During this period, the City will be able to analyze their potential impacts on the public health.

SECTION 3. Compliance with Government Code Section 65858(d).

Government Code Section 65858(d) requires that ten days prior to the expiration or extension of any interim zoning ordinance, the City Council must issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. On January 10, 2023, the City Council issued this report.

necessary for the immediate preservation of public health, safety, and welfare pursuant to the requirements of Government Code Sections 65858(a) and 36937(b).

SECTION 5. Emergency Regulations Extended. The emergency regulations enacted by the City of Temecula pursuant to Interim Urgency Ordinance No. 2022-03 are hereby extended pursuant to Government Code Section 65858 for an additional year so as to extend these regulations until and through February 21, 2024. The urgency ordinance hereby extends emergency regulations of urban lot splits and housing units built in accordance with Senate Bill 9.

SECTION 6. Term. This Interim Urgency Ordinance shall take effect immediately upon adoption, and this Interim Urgency Ordinance shall expire, and the emergency regulations established hereby shall terminate on February 21, 2024. The City Council shall retain the authority to terminate or to limit the scope of the emergency regulations at any time.

SECTION 9. Effect of Ordinance. This Interim Urgency Ordinance is intended to supersede any ordinance or resolution of the City of Temecula in conflict with the terms of this Interim Urgency Ordinance; provided, however, that nothing contained in this Interim Urgency Ordinance is intended to nor shall be construed to impair the prosecution or other enforcement action for violations of such ordinances.

SECTION 10. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Interim Urgency Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not

affect the validity of the remaining portions of this Interim Urgency Ordinance. The City Council hereby declares that it would have adopted this Interim Urgency Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 11. Effective Date. This Interim Urgency Ordinance shall take effect immediately upon its passage. It shall be of no further force or effect on February 22, 2024.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula on this 241h day of January, 2023.

ATTES
Randi Johl, City Clerk
[SEAL]
1 Zak Schwank, Mayor

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2023-01 was duly adopted and passed as an interim urgency ordinance at a meeting of the City Council of the City of Temecula on the 20 day of January, 2023 by the following vote:

AYES: 5 COUNCIL MEMBERS: Alexander, Brown, Kalfus, Schwank, Stewart
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Randi Johl, City Clerk
6 CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: March 8, 2022
SUBJECT: Issuance of a Public Report pursuant to Government Code Section 65858(d) regarding Interim Urgency Ordinance No. 2022-03 establishing regulations related to urban lot splits and housing units built in accordance with Senate Bill 9 PREPARED BY: Matt Peters, Senior Planner
RECOMMENDATION: That the City Council issue this report pursuant to Government Code Section 6585(d).

BACKGROUND: Government Code Section 65858(d) requires that "ten days prior to the expiration or extension of any interim zoning ordinance, the legislative body [City Council] must issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance." On February 22, 2022, pursuant to Government Code Section 65858, the Temecula City Council enacted Interim Urgency Ordinance No. 2022-03 to impose a moratorium on the approval of applications for housing development projects and urban lot splits permitted by Senate Bill 9, that do not meet the regulations and standards set forth in the ordinance.

Absent any additional action by the City Council, the Interim Urgency Ordinance will expire after 45 days on April 8, 2022. However, extra time is necessary to thoroughly research and evaluate a permanent, non -urgency ordinance that updates/amends the Municipal Code establishing objective land use regulations and technical/design standards pertaining to SB 9 housing development projects and urban lot splits in the City. Therefore, City staff has scheduled and will notice of a public hearing for March 22, 2022 so that the City Council may consider extending the Interim Urgency Ordinance for a period of 10 months and 15 days, through and including February 22, 2023.

In compliance with Government Code Section 65858(d), the City Council hereby issues this report for Interim Urgency Ordinance No. 2022-03.

Measures taken to alleviate the conditions that led to the adobtion of Interim Urgencx Ordinance No. 2022-03:

Since the Interim Urgency Ordinance was adopted, City Staff has continued its research on how best to implement SB 9 on a permanent basis in order to ensure that the City's varied and unique residential character is maintained while complying with the provisions of SB. City staff has begun identifying updates that will specifically address the housing development and design of

structures and urban lot splits permitted by SB 9. While considering zoning and subdivision provisions, the City will be evaluating issues identified in the Interim Urgency Ordinance, including the following:
• Further research and analyze the standards adopted by other jurisdictions; • Assess the compatibility of proposed structures and subdivisions with existing neighborhoods;
• Determine an estimated number and location of new units resulting from implementation of SB 9;
• Identify the potential for applying objective development standards created to address the new construction of multiple -family dwellings; • Determine the adequacy of City infrastructure to provide services including but not limited to the following: water; gas, electrical and cable utilities; sanitation; trash disposal; school capacity; and police and fire services; and • Evaluate the affordability of housing units that are constructed as a result of SB 9 in Temecula.

At this time, a preliminary project schedule has been prepared that may include a study session and/or public hearing with the Planning Commission and City Council. The further evaluation of potential unexpected increases in residential density will be essential to ensure the health, safety and welfare of the community as well as to ensure the efficient and adequate delivery of governmental services.

To ensure that regulations are in place while City staff drafts and the Planning Commission and City Council considers the adoption of a permanent ordinance, the Urgency Ordinance will need to be extended. This will serve to protect the City's unique residential character but also ensures the City's compliance with SB 9 as set forth in the statute.

FISCAL IMPACT: There is no fiscal impact associated with the issuance of this report.

ATTACHMENTS: None

Item No. 17

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Captain Chris Durham, Temecula Police Chief
DATE: December 12, 2023
SUBJECT: Approve Five -Year Agreement for License Plate Recognition with Flock Group, Inc.

RECOMMENDATION: That the City Council:

1. Approve 80 cameras citywide, annual hardware, and software subscription for five (5) years for a locked in rate of $200,000 per year, for a total of $1,000,000; and

2. Authorize the City Manager to approve contract change orders up to 10% of the total contract, in an amount not to exceed $100,000; and

3. Appropriate $35,000 to supplement the Fiscal Year 2023-24 Police Department Software and Maintenance budget to accommodate the purchase of the additional cameras.

BACKGROUND: On July 13, 2021, the City Council approved an agreement with the Flock Group, for the purchase of 50 cameras as part of the Flock Automated License Place Recognition (ALPR) System. Two additional cameras were later added to the system and approved by City Council on December 14, 2021, for a total of 52 cameras citywide. Flock has now presented the Riverside County Sheriff's Office (RSO) and the City with a unique opportunity to lock in current pricing before 2024 price increases, of $2,500 per camera for five (5) years. For the current 52 cameras, that would equate to a per camera savings of approximately $500 per year or $130,000 over 5-years.

On November 7, 2023, Chief Durham presented to the Public Safety Ad Hoc Subcommittee (Councilmembers Alexander and Kalf is) how the Flock System has dramatically increased the Sheriff's Department's ability to increase public safety by deterring, capturing, and arresting criminal suspects. The current cameras have led to the recovery of over 60 vehicles involved in criminal activity, support in amber and silver alerts (missing seniors with various mental disabilities) as well as assistance in a recent assault with a deadly weapon case. Although cameras are deployed throughout the City, including examples of private property owners investing in this technology such as the Temecula Car Dealerships and varied HOA's, in the opinion of law enforcement, the middle part of the city lacks adequate Flock coverage.

To address this issue, RSO has recommended an additional 28 cameras, for a total of 80 cameras.

As a proven and critical law enforcement tool, RSO and the City would like to take the fiscally

proactive action of locking in the current annual rate, which will save the City $200,000 over the five (5) year period. The total five (5) year contract amount is $1,000,000. This agreement will maintain current levels of technology adoption, which does not include facial recognition software nor any illegal invasion of privacy. ALPR users are required to maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. Should the City and/or RSO elect to adopt additional Flock technologies during the agreement term, those modifications would be subject to City Council approval.

In addition to Riverside County having a contractual relationship/investment with Flock for the unincorporated areas, the following Riverside County City's currently utilize Flock cameras:
• Beaumont
• Canyon Lake
• Corona
• Desert Hot Springs
• Eastvale
• Hemet
• Indian Wells — Pending with Council
• Jurupa Valley
• Lake Elsinore
• La Quinta
• Indio
• Menifee
• Moreno Valley
• Murrieta
• Norco
• Palm Desert
• Palm Springs — Pending with Council
• Rancho Mirage
• Riverside City
• Temecula
Although both Subcommittee members expressed their support of RSO's efforts and the Flock outcomes, there was a stated concern over the potential proliferation of cameras and the possible advent of "Big Brother" technology here in Temecula. Staff acknowledged the Subcommittee concerns and outlined the obligation to proceed with the City Staff/RSO recommendation(s) to enhance public safety (through this investment) for consideration by the full City Council.

FISCAL IMPACT: Adequate funds have been appropriated in the Fiscal Year 2023-24 Annual Police Department Operating Budget.

ATTACHMENTS: Services Agreement

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

Tonia Crump
ton i a@ floc ksa fety.com
4049329942
frock safety

f ock safety
Customer: CA - City of Temecula
Legal Entity Name: CA - City of Temecula
Accounts Payable Email: [email protected]
Address: 41000 Main St Temecula, California 92590
Hardware and Software Products
Annual recurring amounts over subscription term
Flock Safety Platform
Flock Safety Flock OS
FlockOS TM
Flock Safety LPR Products
Flock Safety Falcon
Professional Services and One Time Purchases
One Time bees
Flock Safety Professional Services
Professional Services - Standard Implementation Fee
Professional Services - Existing Infrastructure
Implementation Fee

EXHIBIT A

ORDER FORM
Initial Term:
60 Months
Renewal Term:
24 Months
Payment Terms:

Net 30
Billing Frequency:

Annual - First Year at Signing.

Retention Period:
30 Days
5200;000.00
Included I Included
Included 80 Included
$650.00 15
$9,750.00
$150,00 13
$1,950. 00
Subtotal Year l:
$211,700.00
Annual Recurring Subtotal:
$200,000.00
Discounts:
$200,000.00
Estimated Tax:
$0.00
Contract Total:
$1,011,700.00

Billing Schedule
Year 1
At Contract Signing $211,700.00
Annual Recurring after Year 1 $200,000.00
Contract Total $1,011,700.00
* his not i n c I t ded
Discounts
Flock Safety Plat I rin $200,000.00
Flock Safety Add-ons $0.00
Flock Safety Professional Services $0.00

Product and Services Description
Flock Safety Falcon ©
An infrastructure -free license plate reader camera that utilizes Vehicle Fingerprint° technology to capture vehicular attributes.

The Term shall commence upon first installation and validation of Flock Hardware.

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

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

Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief
FlockOS Features & Description
Package: Essentials
Community Cameras (Full Access)
Access to all privately owned Flock devices within your jurisdiction that have been shared with you.

Unlimited Users
Unlimited users for FlockOS
State Network (LP Lookup Only)
Allows agencies to look up license plates on all cameras opted in to the statewide Flock network.

Nationwide Network (LP Lookup Only)
Allows agencies to look up license plates on all cameras opted in to the nationwide Flock network.

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 FingerprintTm technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.

Flock Insights/Analytics page
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.

Flock Safety's maps are powered by ESRI, which offers the ability for 3D visualization, viewing of Floor ESRI Based Map Interface
plans, and layering ofextemal GIS data, such as City infrastructure (i.e., public facilities, transit systems, utilities), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior Floor plans (i.e., hospitals, corporate campuses, universities)
Real -Time NCIC Alerts on Flock ALPR Cameras
Alert sent when a vehicle entered into the NCIC crime database passes by a Flock camera 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 Direct Share - Surrounding Jurisdiction (Full Access)
Access to all Flock devices owned by law enforcement that have been directly shared with you. Have ability to search by vehicle fingerprint, receive hot list alerts, and view devices on the map.

By executing this Order Form, Customer represents and warrants that it has read and agrees all of the terms and conditions.

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

FLOCK GROUP, INC.,,,- Customer: CA -City of Temecula
ITM
Title: I C -4 aa&L C66 Title:

PO Number:

CITY OFTEMECULA
By:

Zak Schwank, Mayor
ATTEST:

Randi Johl, Secretary
APPROVED AS TO FORM:

Peter M. Thorson, City Attorney

EXHIBIT A

TERMS AND CONDITIONS

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced 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 and is thereby rendered "anonymized data" as defined in ISO 25237:2017, Sections

3.2 and 3.3.

1.2 "Authorized End User(s)" means any individual employees, agents, or contractors of Custorner and/or RSO accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.3 "Customer Data" means the data, media and content provided or made accessible to Flock by Customer through or in connection with the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.4. "Customer Hardware" means the third -party cameras 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, cameras, clamps, solar panel, installation components, and any other Flock owned 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 2885630

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" or "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.

LI0 "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 and Flock Hardware.

1.13 "Permitted Purpose" means any legitimate law enforcement purpose, including, but not limited to, the awareness, prevention, and prosecution of crime, investigations, prevention of commercial harm, to the extent permitted by law.

1.14 "Retention Period' means the time period that the Customer Data is stored by Flock within the cloud storage, as specified in the product addenda.

1.15 "Vehicle Fingerprinl'TM' means the unique vehicular attributes captured through the Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

1. 16 "Web Interface" means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

1.17 "RSO" means the Riverside County Sheriffs Department.

1.18 "Applicable Laws" means Title 1.81 of Part 4 of Division 3 of the California Civil Code, 2885630

including Section 1798.90.5, et seq., and the California Consumer Privacy Act, Section 1798.100, et seq., Government Code Section 7284, et seq., and any and all other applicable local, State and federal laws and regulations.

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 longer of. the Retention Period, period of retention required by Customer's records retention requirements or State law including California Government Code Section 34090, et seq., or any period set forth in a notice of litigation hold as provided herein. Authorized End Users will be required to sign up for an account and select a password and username ("User ID"). Customer may request that access by any Authorized End User of the Flock Services requires 2-step verification.

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), provided any such third parties with access to Customer Data, maintain confidentiality of Customer Data.

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, non- transferable, 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 cornmercially reasonable efforts to respond to requests for support within forty-eight (48) hours of becoming aware of malfunction in the Flock Services or Flock Hardware. Flock will provide Customer with 2885630

reasonable technical and on -site support and maintenance services in -person, via phone or by email at support(a-Mocksafety.com (such services collectively referred to as "Support Services".

2.4 Upgrades to Platform. Flock may make any upgrades to its 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 customers, 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 and agree 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 in order to provide the 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 an unforeseeable Service Interruption. To the extent that the Service Interruption is not caused by Customer's direct actions or by the actions of parties under Customer's direction, 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 1P by Customer; (b) Customer's or any Authorized End User's use of the Flock 1P disrupts or poses a security risk to the Flock IP or any other customer or 2885630

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"). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit, unless the suspension occurred at no fault of Customer. 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 hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. 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.

3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer 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. 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 or RSO. Authorized End Users shall only use Customer or RSO-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 obtaining and maintaining, and/or requiring RSO to obtain and maintain, any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities, and shall require RSO to provide reasonable access to RSO facilities, and to Customer and RSO 2885630

personnel, as applicable, in order to enable Flock to perform the Services (such obligations of Customer are collectively defined as "Customer Obligations").

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants
that Customer and/or RSO 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.

3.3 NOTWITHSTANDING ANY OTHER PROVISION HEREIN, THE PARTIES ACKNOWLEDGE AND AGREE THAT: (A) RSO WILL BE AN "AUTHORIZED END USER" AND OPERATOR OF THE FLOCK ALPR SYSTEM, INCLUDING ALL HARDWARE, FLOCK IP, AND THE SERVICES; (B) RSO IS THE LAW ENFORCEMENT AGENCY PROVIDING LAW ENFORCEMENT SERVICES

FOR THE CUSTOMER AND THAT IT IS RSO, BY AUTHORIZATION FROM THE CUSTOMER,

THAT WILL BE ACCESSING AND USING THE ALPR DATA COLLECTED BY THE FLOCK HARDWARE, SOFTWARE AND SYSTEM; (C) FLOCK SHALL EXTEND TO RSO THE SAME

RIGHTS AND BENEFITS OF THIS AGREEMENT AS ARE PROVIDED TO THE CUSTOMER, INCLUDING, WITHOUT LIMITATION, THE RIGHTS AND BENEFITS OF THIS SECTION 3.2, SECTION 5, SECTION 8, AND SECTION 9; AND (D) CUSTOMER SHALL REMAIN RESPONSIBLE FOR COMPLIANCE WITH THESE SECTIONS.

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. For the term of this Agreement, Customer hereby grants to Flock a limited, non-exclusive, royalty -free, irrevocable, worldwide license to use the Customer Data solely for the purpose of performing all acts as may be necessary for Flock to lawfully provide the Flock Services to Customer. Flock does not own and shall not share, disseminate, or sell Customer Data, except as expressly provided herein.

Notwithstanding any other provision herein, Flock shall: (a) keep and maintain Customer Data and Customer Generated Data (collectively, "Data" sometimes in this Section 4) in strict confidence, using such degree of care as is appropriate and -consistent with its obligations as further described in this Agreement and applicable law to avoid unauthorized access, use, disclosure, or loss; (b) use and disclose the Data solely and exclusively for the purpose of providing the Services, such use and disclosure being in accordance with this Agreement, and Applicable Laws; (c) allow access to the 2885630

Data only to Customer, Authorized End Users, and those employees or agents of Flock who are directly involved with and responsible for providing the Services, and/or third parties bound in writing to maintain confidentiality of the Data; and, (d) not use, sell, rent, transfer, distribute, or otherwise disclose or make available any of the Data for Flock's own purposes or for the benefit of anyone other than Customer without Customer's prior written consent, or as otherwise provided herein.

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 it otherwise possesses 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. For the term of this Agreement, 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 share, disseminate, or sell Customer Generated Data, except as expressly authorized herein.

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 non -identifiable to create Anonymized Data, as defined herein, 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.

4.4 Security of Customer Data. In storing, handling, transmitting, and/or accessing Customer Data, Flock shall incorporate a comprehensive set of data security protocols comprising a data privacy and information security program, including physical, technical, administrative, and organizational safeguards, that comply with Applicable Laws, to protect Customer Data at rest, Customer Data in use, and Customer Data in transit, and that, at minimurn: (i) control access to Data; (ii) include regular 2885630

audits, including threat assessments, to evaluate susceptibility to unauthorized access; (iii) provide regular maintenance and updating to ensure current cyber threats are identified and proactive defensive measures are undertaken; (iv) meet all current rules, regulations, policies, and standards of the Criminal Justice Information Services, Division of the Federal Bureau of Investigation (CJIS), including ensuring that persons having access to Customer Data are free of criminal history or any other security threat that would otherwise disqualify any such person from accessing confidential criminal justice information under current rules, regulations, policies, and standards of the CJIS; and (v) provide for the physical and environmental protection of all Customer Data.

In the event of any act, error or omission, negligence, misconduct, or breach that permits any unauthorized access to, or that compromises or is suspected to compromise the security, confidentiality, or integrity of Customer Data , or the physical, technical, administrative, or organizational safeguards put in place by Flock that relate to the protection of the security, confidentiality, or integrity of that Customer Data, Flock shall, as applicable: (a) notify Customer and RSO as soon as practicable or as required by Applicable Laws, but no later than forty-eight (48) hours of becoming aware of such occurrence; (b) cooperate with Customer and RSO in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with Applicable Laws; (c) in the case of personally identifiable information, provide all notifications to individuals required by Applicable Laws; (d) perform or take any other actions required to comply with Applicable Law as a result of the occurrence; and (e) provide to Customer a detailed plan within ten (10) calendar days of the occurrence describing the measures Flock will undertake to prevent a future occurrence.

To the maximum extent permitted by law, Flock shall indemnify, defend and pay reasonable attorneys' fees and costs, and hold Customer and the County of Riverside, and Customer's and County's elected officials, officers, employees, and agents free and harmless, with respect to any and all claims and liabilities to the extent arising out of, related to, or incurred in connection with any unauthorized access to or theft of Customer Data, including any and all related bank charges in the case of identity theft; provided, however, that Flock's liability for "cyber theft" shall not exceed the limits of Flock's cyber liability policy required herein.

All cloud based storage shall comply with ISO/IEC 27001 - 27018, as applicable, or successor standards thereto, and shall be provided solely within the continental United States and on computing and data storage devices residing therein, and all such locations shall be disclosed to Customer promptly upon 2885630

request. Cloud based storage using Amazon Web Services (AWS) or Microsoft Azure, shall be deemed to satisfy the foregoing requirements.

Customer and RSO shall have full and complete access to, and ability to download, any Customer Data 24 hours per day, 7 days per week, except during authorized periods of maintenance by Flock or during a Service Suspension not due to the fault of Customer. Customer or RSO may at any time, provide Flock with a written "litigation hold" notice, therein requiring Flock to isolate and maintain any Customer Data that Flock has access to and that becomes relevant to any criminal or civil action or discovery process involving Customer or RSO.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party understands that the other Party (the "Disclosing Party') has 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 includes non-public information provided by the Disclosing Party to the Receiving Party regarding features, functionality, and performance of this Agreement. Proprietary Information of Customer includes non-public data provided by Customer or any Authorized End User to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. For avoidance of doubt, all Customer Data and Customer Generated Data is Proprietary Information. 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 subpoena, judicial or governmental order, or the California Public Records Act provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order or disclosure.

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), 2885630

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 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, and in compliance with all Applicable Laws, 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 court order, subpoena, or Applicable Laws, legal process, enforce this Agreement, or detect, prevent or otherwise address an actual security breach, crime of fraud, or emergency situations where there is an actual threat to public health or safety.

6. PAYMENT OF FEES
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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 shall use reasonable efforts to contact Flock no later than thirty '(30) 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, except a claim that any Flock Hardware installed by Flock is not properly functioning. 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 invoice 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. Unless sooner terminated as provided herein, the initial term of this 2885630

Agreement shall be for five (5) years (the "Term"). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for up to two, additional one (1) year terms (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.

Termination for Non -Appropriation. Customer may terminate this Agreement without penalty at any time after the first year of the Term or Renewal Term in the event Customer fails to appropriate funds sufficient to pay Flock the fees required hereunder for the City's following fiscal year.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. 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, 4, 5, 6, 7, 8.3, 8.4, 9, 10.1 and 11.6.
&REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software to perform as represented by Flock or as described in any applicable documentation (a "Defect'), Customer shall utilize reasonable efforts to 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 repair or replace 2885630

such Defect, provided 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.

8.2 Replacements. 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 scliedule(littl2s:// www.flocksafety.coiii/reitistall-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.

However, annual renewal fees to be paid hereunder shall be reduced in proportion to the reduced functionality resulting from the reduction in Flock Hardware.

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.

Service Level Guarantee. Flock understands and agrees that Customer is a public entity and that the Services are paid for with public funds. Therefore, in order to ensure accountability to the public and that the public is receiving the level of performance of online services for which public funds are being paid ("Guaranteed Service Levels"), Flock agrees that, unless otherwise agreed upon in writing, "Uptime Availability" of the software shall be not less than 99% over any calendar month period based on the following formula: "Scheduled Uptime" = the total minutes in the reporting month, minus the total minutes consumed by scheduled downtime for maintenance or documented force majeure events. "Actual Uptime" means the total minutes in the reporting month that the Services were actually available to Customer and Authorized End Users for normal use. "Uptime Availability" = (Actual Uptime/Scheduled Uptime) x 100. Failure to maintain the Guaranteed Service Levels for any two consecutive month period shall constitute a material breach of this Agreement.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS 2885630

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 LAW OF THE STATE OF CALIFORNIA.

8.5 Insurance. Flock will maintain commercial general, auto, and cyber liability policies, and worker's compensation, in such form and with such limits as set forth in Exhibit B hereto.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance frorn 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 not caused by a party hereto. Notwithstanding the foregoing, nothing herein shall require Customer to pay for Services made unavailable by any force majeure.

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; 2885630

(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 TWELVE (12) 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 11.6.

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. THIS SECTION 9.1 SHALL NOT APPLY TO, AND NOTHING IN THIS SECTION 9.1 SHALL LIMIT, FLOCK'S LIABILITY ARISING OUT OF ANY INDEMNITY OR INSURANCE PROVISION OR OBLIGATION HEREIN.

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, its agents and employees, from liability of any kind, including claims, stop notices, costs (including defense) and expenses, on account of: (i) any alleged or actual infringement of any intellectual property or proprietary right, any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement or related to the Flock Services; or (ii) any damage, injury, or death to any person, or any damage to property to the extent caused by, installation of Flock Hardware by Flock, or any of Flock's employees, agents, or contractors, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees.

Should Customer or any Authorized End User be prevented from using the Flock Services or any of the Flock Hardware as a result of any such infringement claim or violation, at Flock's expense, Flock shall (i) obtain all rights for Customer and Authorized End Users to utilize the Services and/or Flock 2885630

Hardware; (ii) provide alternate services or hardware providing substantially the same functionality; or (iii) issue a pro rata refund for all amounts prepaid to Flock, remove all Flock Hardware, and restore each Flock Hardware site to its original condition, reasonable wear and tear excepted.

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, unless otherwise necessary in order to protect the public health or safety, or to safeguard Flock Hardware until retrieval by Flock. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, 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 for not less than sixty (60) days after receipt of written demand by Flock, Flock may remove Flock Hardware at Flock's discretion and Flock shall restore all Customer property to substantially its original condition, wear and tear excepted. 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. Customer may also reject any location proposed by Flock, without penalty. Customer hereby grants Flock a right of entry in and onto Customer's property to perform Installation Services. Flock understands and agrees that, since RSO shall be the operator of the Flock Equipment and shall have exclusive possession and control over the Footage, Customer will assist Flock as reasonably necessary to enable Flock to make any necessary physical, including electronic, connections to RSO facilities. 2885630

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, re- positioning, 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:ll www.flocksafety.com/reinsta11Jee-schedule) , unless any such changes are necessary to comply with any law or regulation, or to minimize any risk to the public health or safety, or not due to any acts, omissions or requests of Customer. Customer will receive prior notice and confirm approval of any such fees, unless such fees are subject to the foregoing exception.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide. ("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 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, and in compliance with All Applicable Laws including, but not limited to, the current California Building Code and California Electrical Code. Upon termination or expiration of this Agreement Flock Hardware shall be removed and 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
1 1.1 Compliance with Laws. Parties shall comply with all applicable laws including all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).Furthermore, the Installation Services constitute "public works" as defined in California Labor Code Section 1720. As to any and all work performed by Flock constituting public works, Flock shall comply with all California Labor Code requirements set forth in Exhibit "D" attached hereto and incorporated by reference herein.
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1 1.2 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. 1 1..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 (litt s://www,flocksafet .comlreinstall-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 purchase order is subject to these terms. Customer shall not be bound by the terms of any "click -through" end user license or similar online agreement unless provided to and approved in writing in advance by Customer. 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 of California. The Parties hereto agree that venue would be proper in the Superior Court for the County of Riverside, California, or the U.S. District Court for the Central District, State of 2885630

California. 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.
1 1 .8 Publicity. Provided Customer's written consent is first obtained, 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, Customer 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 ("DEAR") 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
2885630

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. 1 1.12 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.
1 1.13 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.
1 l .14 Morality. In the event either party or its agents become the subject of an indictment, contempt, scandal, crime of moral turpitude or similar event that would negatively impact or tarnish the innocent party's reputation, the innocent party shall have the option to terminate this Agreement upon prior written notice to the other.
1 1 .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, if sent by certified or registered mail, return receipt requested. All notices will be provided to the email or mailing address listed in the Order Form.

These Terms and Conditions are subject to change upon written agreement of the parties 2885630

EXHIBIT B
INSURANCE. REQUIREMENTS
Insurance and Indemnity. To the maximum extent permitted by law, Flock shall indemnify, defend, including payment of reasonable attorneys' fees, and hold the Agency, the County of Riverside, and Agency's and County's elected officials, officers, employees, agents, and volunteers, harmless with respect to any and all claims, liabilities, stop notices, damages, and losses, arising out of, related to, or incurred in connection with Flock's performance of Installation Services, whether performed by Flock, Flock employees, any Flock subcontractor, or anyone else acting on Flock's behalf.

At all times during the term of this Agreement and while performing Installation Services, Flock shall maintain for the benefit of Flock and the Agency:
(a) Workers compensation insurance in such amount as required by California law; (b) Commercial general and automobile liability insurance, each with limits of not less than $2,000,000 per occurrence for bodily injury and $500,000 per occurrence for property damage, using an ISO or Accord form acceptable to Agency's Risk Manager; (c) Cyber liability with limits of not less than $2,000,000 per occurrence, providing protection against claims and liabilities arising from: (i) errors and omissions in connection with maintaining security of Agency Data and Non -Agency End User Data; (ii) data breach including theft, destruction, and/or unauthorized use of Agency Data and/or Non -Agency End User Data; (iii) identity theft including bank charges assessed; and (iv) violation of privacy rights due to a breach of Agency Data and/or Non - Agency End User Data.

Said policies of insurance shall (i) name the Agency, the County of Riverside, and Agency's and County's elected officials, officers, employees, agents, and volunteers as additional insureds; (ii) be primary and non-contributing to any insurance maintained by the Agency; (iii) waive the right of subrogation; (iv) be issued by an insurer(s) with a Best rating of not less than A:VII; (v) require not less than 30 days' prior notice be given to the Agency prior to any required insurance being cancelled or not renewed; and (vi) be in such form as otherwise required by the Agency's risk manager.

Flock shall not commence Installation Services unless and until insurance certificates and required endorsements, evidencing the required insurance, have been provided to Agency. 2885630

EXHIBIT C

LABOR CODE COMPLIANCE

CALIFORNIA LABOR CODE COMPLIANCE
Flock ("Contractor herein") acknowledges that certain work under this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works of the awarding public agency ("City" herein), and agrees to be bound by all the provisions thereof as though set forth in full herein.

2. This contract calls for work that is a public work and requires the payment of prevailing wages for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor pursuant to Section 1771 of the Labor Code.

Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this contract from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk or may be obtained at
htto:// www.dir.ca.=Gov/ 1-1R ,/DPreWaLieDelerminalion.htm.

Copies may be obtained at cost at the City Clerk's office, except when City's City Hall is closed due to a local emergency. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, not more than $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of this Agreement.

In accordance with Labor Code Sections 1725.5 and 1771.1, and except for projects involving construction, alteration, demolition, installation, or repair work of $25,000 or less, or maintenance work of $15,000 or less, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only, pursuant to Labor Code Section 1771.1(a)].

Pursuant to Labor Code Section 1776, Contractor shall maintain and make available an accurate record showing the name of each worker and hours worked each day and each week by each worker employed by Contractor performing services covered by this Agreement. Contractor and its subcontractors shall furnish electronic certified payroll records to the Labor Commissioner in accordance with Labor Code Section 1771.4. The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. This Project is subject to compliance monitoring and enforcement by the DIR. The Contractor shall post job site notices, as prescribed by regulation.

Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. The Contractor shall be responsible for 2885630

compliance with these Sections for all apprenticeable occupations. Before commencing Work on this Project, the Contractor shall provide the City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) Days after concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract.

6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.

California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:

S ignature
"1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- inst ance in accordance with the provisions of that code, and I will comply w 'SUCX before commencing the performance of the work of Date,3:;6__NON�r— L4jZj �. 2023
2885630

DocuSign Envelope ID: EDE9F64A-F1F9-4E8D-B806-BA93067C46F2

WRITTEN CONSENT OF THE

BOARD OF DIRECTORS

FLOCK GROUP INC
Under and in accordance with Section 141(f) of the Delaware General Corporation Law (the -'DGCL") the undersigned, constituting all the members of the Board of Directors (the "Board") of Flock Group Inc, a Delaware corporation (the "Company"), and being entitled to vote upon the recitals and resolutions set forth on Annex A hereto, do hereby waive notice of time, place or purpose of a meeting of directors and consent that such recitals and resolutions are deemed to be adopted to the same extent and to have the same force and effect as if such recitals and resolutions were adopted by unanimous vote at a special meeting of the Board duly called and held for the purpose of acting upon proposals to adopt such recitals and resolutions.

Dated as of May 19, 2022 DocuSignud by:

Garrett Langley
CnADocuSEgnod by:

Matt Feury
DocuSigned by:
�.•. nni�awca.

Ilya Sukhar
FaDocuSigned by:
haw
Alex Clayton
DacuSigned by:

N U[+&
David Ulevitch
EAST\ 191334929.1

DocuSign Envelope ID: EDE9F64A-F1 F9-4E8D-13806-BA93067C46F2

ANNEX A
TO

WRITTEN CONSENT OF THE

BOARD OF DIRECTORS

FLOCK GROUP INC
Amendment to Fifth Amended and Restated Voting Agreement WHEREAS, the Board has determined it is in the best interests of the Company and its stockholders for the Company to enter into the First Amendment to the Fifth Amended and Restated Voting Agreement (the "Voting Agreement") in substantially the form attached hereto as Exhibit A (the "Amendment");
WHEREAS, Section 11.5 of the Voting Agreement provides that the Voting Agreement may be amended only by a written instrument executed by (a) the Company; (b) the holders of a majority of the then outstanding Shares held by the Key Holders (as defined therein) who are either (x) then actively providing services to the Company as officers, employees, consultants or advisors in good standing or (y) Y Combinator Investments, LLC series S17 (the "Requisite Key Holders"); and (c) the holders of at least a majority of the then outstanding shares of Preferred Stock held by the Investors, voting together as a single class on an as converted basis (the "Requisite Investors"); WHEREAS, Section 11.5 of the Voting Agreement provides that the executed Amendment shall be binding upon each of the Stockholders; and
NOW, THEREFORE, BE IT RESOLVED, that, pending its execution by the Requisite Key Holders, the Requisite Investors, and the Company, the Amendment is hereby authorized and approved; and
FURTHER RESOLVED, that any officer of the Company is hereby authorized, directed and empowered, in the name of the Company, to execute and deliver the Amendment in substantially the form reviewed and approved by the Board, with such changes thereto as the officer(s) executing such documents shall approve, the execution and delivery thereof to be conclusive evidence of such approval.

Appointment of Secretary
WHEREAS, the Board desires to appoint Mark Smith as the Company's Secretary.

NOW, THEREFORE, BE IT RESOLVED, that the Board hereby appoints Mark Smith as the Secretary of the Company, and to hold such office until a successor is duly chose and qualified or until such officer sooner dies, resigns, is removed or becomes disqualified.

General Provisions
NOW, THEREFORE, BE IT RESOLVED, that any act taken or done by any officer or agent of the Company to facilitate the transactions contemplated by these resolutions is hereby ratified and approved by the Board, and the officers and agents of the Company are authorized to take and to do such further acts and deeds, and to execute and deliver for and in the name of the Company, such other documents, papers and instruments as are necessary, appropriate, advisable or required in order to effectuate the purpose and intent of these resolutions and the taking of any such acts and deeds, and the execution and delivery of any such documents, papers and instruments is hereby ratified and approved by the Board. 2 EAST\191334929.1

DocuSign Envelope ID: EDE9F64A-F1F9-4E8D-B806-BA93067C46F2 RESOLVED FURTHER, that this consent may be executed in counterparts and by facsimile signature, each of which shall be deemed an original, but all of which together shall be deemed one in the same consent.

RESOLVED FURTHER, that this consent, the Stock Purchase Agreement, the Transaction Documents and any other related agreements may be executed by facsimile signature or any other electronic means (including, without limitation, any electronic signature (as contemplated by the Delaware Uniform Electronic Transactions Act)) (collectively, "Electronic Signatures"), and that any of the Electronic Signatures shall have the same effect as original signatures and be effective for all purposes. [Remainder of page intentionally left blank]
EAST\ 191334929.1

DocuSign Envelope ID: EDE9F64A-F1F9-4E8D-B806-BA93067C46F2 Exhibit A
Voting Agreement Amendment
EAST\ 191334929.1

DocuSign Envelope ID: EDE9F64A-F1F9-4E8D-B806-BA93067C46F2

FLOCK GROUP INC

FIRST AMENDMENT TO THE

FIFTH AMENDED AND RESTATED VOTING AGREEMENT
THIS FIRST AMENDMENT TO THE FIFTH AMENDED AND RESTATED VOTING AGREEMENT (this "Amendment") is made and entered into as of May 19, 2022, by and among (i) Flock Group Inc, a Delaware corporation (the "Company"), (ii) Garrett Langley, (iii) Paige Todd, (iv) Matt Feury (collectively with Garrett Langley and Paige Todd, constituting a Key Holder Majority (as defined below)), (v) A 16Z, (vi) Matrix, and (vii) Meritech (collectively with A16Z and Matrix, constituting a Preferred Majority (as defined below)). This Amendment amends that certain Fifth Amended and Restated Voting Agreement, dated as of January 31, 2022, among the Company, the Investors and the Key Holders (as so amended, the "Voting Agreement'). Capitalized terms used herein without definition shall have the meanings given to them in the Voting Agreement,

RECITALS
A. The Company desires to increase the size of the board of directors of the Company (the "Board") from a maximum of six (6) to seven (7) directors (or, during any Axon Director Period, from seven (7) to eight (8)) so as to increase the maximum number of Independent Directors that may be elected to the Board from one (1) to two (2).

B. In accordance with Subsection 11.5 of the Voting Agreement, the Voting Agreement may be amended only with the consent of (i) the Company, (ii) the holders of a majority of the then outstanding Shares held by the Key Holders who are either (x) then actively providing services to the Company as officers, employees, consultants or advisors in good standing or (y) Y Combinator Investments, LLC Series S17 (collectively, a "Key Holder Majority"), and (iii) the holders of at least a majority of the then outstanding shares of Preferred Stock held by the Investors, voting together on an as converted basis as a single class (collectively, a "Preferred Majority" and together with the Company and the Key Holder Majority, the "Requisite Consent Parties").

AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions set forth in this Amendment, the parties hereto agree as follows:

1. Amendments to Voting Agreement.
(i} Section 2.1 is hereby amended and restated in its entirety as follows:
"Each Stockholder shall vote, or cause to be voted, at a regular or special meeting of stockholders (or by written consent) all Shares (excluding the Class E-1 Stock) owned by such Stockholder (or as to which such Stockholder has voting power) to ensure that the size of the Board shall be set and remain at seven (7) directors; provided that during any Axon Director Period (as defined below), each Stockholder shall vote or cause to be voted, at a regular or special meeting of stockholders (or by written consent) all Shares owned by such Stockholder (or as to which such Stockholder has voting power) to ensure that the size of the Board shall be set and remain at eight (8) directors."
EAST\191334395.1

DocuSign Envelope ID: EDE9F64A-F1 F9-4E8D-B806-BA93067C46F2 (ii) Section 2.2(e) is hereby amended such that the instance of the word "seventh" therein shall be deleted and replaced with the word "eighth":
(iii) Section 2.2(f) is hereby amended and restated in its entirety as follows:
"(f) In any election of directors of the Company, each Stockholder shall vote at any regular or special meeting of stockholders (or by written consent) all shares of Common Stock or Preferred Stock (as applicable, but excluding any shares of Class E-1 Stock) then owned by such Stockholder (or as to which such Stockholder then has voting power) to elect two (2) directors who shall not be affiliated with the Company or any Investor nominated by the Company's Chief Executive Officer and approved unanimously by all other directors of the Company (the "Independent Directors")."

2. Counterparts. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g., www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

3. Continuing Effect. Except as specifically amended by this Amendment, the Voting Agreement shall remain in full force and effect and is hereby ratified and confirmed by the parties in all respects. This Amendment and the matters set forth herein shall be governed by the terms and conditions of the Voting Agreement, as amended hereby, which are incorporated by reference into this Amendment.

This Amendment shall be construed as one with the Voting Agreement, and the Voting Agreement shall, where the context requires, be read and construed throughout so as to incorporate this Amendment. If there is any conflict between the terms and provisions of this Amendment and the terms and provisions of the Voting Agreement, the terms and provisions of this Amendment shall govern. [Remainder of page intentionally blank.]
EAST\ 191334395.1 2

DocuSign Envelope ID: EDE9F64A-F1 F9-4E8D-B806-BA93067C46F2 IN WITNESS WHEREOF, the parties have executed this First Amendment to the Fifth Amended and Restated Voting Agreement as of the date first above written.

COMPANY:

FLOCK GROUP INC
WcuS'p by:

By: { �.

Name: (aarrett'Eangley
Title: Chief Executive Officer
EAST\ 191334395.1

DocuSign Envelope ID: EDE9F64A-F1 F94E8D-6806-BA93067C46F2 IN WITNESS WHEREOF, the parties have executed this First Amendment to the Fifth Amended and Restated Voting Agreement as of the date first above written.

KEY HOLDERS:

Garrett Langley
oav549,ro b.

F
Matt Feury
Irk BauSynrd b,:

I Dye, ��
�CCCD�33�1£FBYA3
Paige Todd
EAST\ 191334395.1

THE INVESTORS:

ANDREESSEN HOROWITZ LSV FUND II, L.P.
for itself as nominee for
Andreesen Horowitz LSV Fund 11-13, L.P. and
Andreesen Horowitz LSV Fund III-Q, L.P.

By: AH Equity Partners LSV II, L.L.C.

Its: General Partner
❑ocuftned by:
off �er
By: �221FCOA4CF
Name: Scott Kupor
Title: Managing Partner
Address: 2865 Sand Hill Road, Suite 101
Menlo Park, California 94025
E-Mail: [email protected]
EAST\ 191334395.1

DocuSign Envelope ID: EDE9F64A-F1 F94HD-B806-BA93067C46F2 IN WITNESS WHEREOF, the parties have executed this First Amendment to the Fifth Amended and Restated Voting Agreement as of the date first above written.

THE INVESTORS:

ANDREESSEN HOROWITZ LSV FUND III, L.P.
for itself and as nominee for
Andreessen Horowitz LSV Fund III-B, L.P. and
AH 2O22 Annual Fund, L.P.

By: AH Equity Partners LSV III, L.L.C.

Its: General Partner
Doe uSigned by:

By: 5eV
Name: Scott KLipor
Title: Chief Operating Officer
Address: 2865 Sand Hill Road, Suite 101
Menlo Park, California 94025
E-Mai I : [email protected]
EAST\ 191334395.1

THE INVESTORS:

MATRIX PARTNERS XI, L.P.

By: Matrix Xl Management Co., L.L.C.

Its: General Partner
oau5qeda�
By:

Name: Ilya Sukhar
Title: Managing Member
WESTON & CO., XI LLC
By: Matrix XI Management Co., L.L.C.

Its: General Partner
�Cacusq..SSd Nr
By: nsaeo2r�L
Name: Ilya Sukhar
Title: Managing Member
EAST\ 191334395.1

DocuSign Envelope ID: EDE9F64A-F1F9-4E8D-B806-BA93067C46F2 IN WITNESS WHEREOF, the parties have executed this First Amendment to the Fifth Amended and Restated Voting Agreement as of the date first above written.

THE INVESTORS:

MERITECH CAPITAL PARTNERS VII
L.P.

By: Meritech Capital Associates VII L.L.C.

Its: General Partner
By: IFzl)- (Wa,
Name: aXNe'x 1ayton
Title: Managing Member
Address: 245 Lytton Avenue, Suite 125
Palo Alto, CA 94301

MERITECH CAPITAL AFFILIATES
VII L.P.

By: Meritech Capital Associates VII L.L.C.

Its: General Partner
�I.l,� (I qbu,
By • 99O122FC410A49F
Name: Alex Clayton
Title: Managing Member
Address: 245 Lytton Avenue, Suite 125
Palo Alto, CA 94301

MERITECH CAPITAL ENTREPRENEURS
VII L.P.

By: Meritech Capital Associates VIE L.L.C.

Its: General Partner
ppcuSlp.0 b,
By; eliR feu,
Name: A ex" ayton
Title: Managing Member
Address: 245 Lytton Avenue, Suite 125
Palo Alto, CA 94301
EAST\ 191334395.1

DocuSign Envelope ID: EDE9F64A-F1F9-4E8D-B806-BA93067C46F2 IN WITNESS WHEREOF, the parties have executed this First Amendment to the Fifth Amended and Restated Voting Agreement as of the date first above written.

THE INVESTORS:

MERITECH FRANCHISE FUND L.P.

By: Meritech Franchise Associates L.L.C.

Its: General Partner
By:_�oosq..a ar.

I��ayfow
Name: B9ex` day ton
Title: Managing Member
Address: 245 Lytton Avenue, Suite 125
Palo Alto, CA 94301

MERITECH FRANCHISE AFFILIATES
L.P.

By: Meritech Franchise Associates L.L.C.

Its: General Partner
oacsgn.a er:

By.'(lafav+ T
Name: Alex Clayton
Title: Managing Member
Address: 245 Lytton Avenue, Suite 125
Palo Alto, CA 94301
EAST\191334395.1

Item No. 18

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: December 12, 2023
SUBJECT: Adopt Resolution Reconstituting the Old Town Local Review Board by Establishing the Old Town Local Advisory Committee
PREPARED BY: Matt Peters, Assistant Director of Community Development RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA RECONSTITUTING THE OLD TOWN LOCAL

REVIEW BOARD BY ESTABLISHING THE OLD TOWN

LOCAL ADVISORY COMMITTEE
BACKGROUND: The City of Temecula has one board (1) Old Town Local Review Board, and four commissions — (1) Community Services Commission, (2) Planning Commission, (3) Race, Equity, Diversity and Inclusion Commission, and (4) Traffic Safety Commission. The City Council has the power to establish certain boards and commissions as it deems necessary pursuant to Chapter 2.40 of the Temecula Municipal Code, and as specified in the Old Town Specific Plan. All boards and commissions serve in an advisory capacity to the City Council, while the Planning Commission also serves as a statutory body over certain land use decisions.

On September 26, 2023, the City Council considered a proposal to reorganize the Old Town Local Review Board to meet new challenges and to take advantage of current opportunities related to grant funding and economic development. Currently, the Old Town Local Review Board has the following assigned duties as outlined in the Old Town Specific Plan:
• Review and comment on all Level II projects;
• Review and approve any Finding of Historic Appropriateness; • Review and comment on any requests to modify, alter any historic structure or building; and
• Serve as an advisory resource to all agencies of the City in matters pertaining to the Temecula Local Historic District.

The attached resolution reconstituting the Old Town Local Review Board would change the name to the Old Town Local Advisory Committee, and add the following assigned duties:
(a) Members of the Committee are stakeholders in Old Town. They will each bring to the Committee important perspectives, experience and wisdom with respect to the development and maintenance of Old Town. The purpose of the Committee it to provide a forum for these stakeholders to examine issues related to Old Town and to provide their comments and recommendations to the Planning Commission and City Council who will then independently review the comments and recommendations pursuant to their legislative and adjudicative authority.
(b) The role of the Committee shall only be advisory to the Planning Commission and City Council, providing comments and recommendations on all matters affecting Old Town from their special perspectives. The Committee shall have no decision -making authority with legislative and adjudicative authority remaining with the Planning Commission and City Council.

Their recommendations are not binding on the Planning Commission and City Council and are subject to substantive review by the Planning Commission and City Council. The Committee does not make or compel governmental decisions through any initiative or voting powers. As such, the members of the Committee are not agency officials within the meaning of Section 82004 of the Government Code and Sections 18704 and 18700(c)(2) of the Fair Political Practice Commission Regulations because the role of the Committee is solely advisory, members of the Committee have no decision making authority, and the comments or recommendations they provide will be independently reviewed and acted upon by the Planning Commission and City Council which are the legislative bodies have legislative and adjudicative decision making authority with respect to matters in Old Town. Therefore, members of the Committee are not required to file Economic Disclosure Forms (Form 700) and are not subject to the conflicts of interest provisions of the Political Reform Act, Government Code Sections 81000 et seq. (c) The Committee shall consider various items within its jurisdiction, including items suggested by the City Council and City Manager, and provide comments and recommendations.

The Committee shall work with and through the assigned Department Director and liaison to collaborate on reports and recommendations, including its annual report to the City Council. (d) The Committee shall provide advice and recommendations to the Planning Commission and City Council with respect to the following matters in Old Town:
1) Matters pertaining to the Old Town Specific Plan, including:
a) Proposed Level II projects.
b) Proposed Findings of Historic Appropriateness.
c) Requests to modify, alter any historic structure or building. d) Temecula Local Historic District.
e) Historical and cultural preservation in Old Town.

f) Architectural and development standards for projects in Old Town. 2) Special Events and Road Closure Review
3) Parking Management, including parking districts.
4) Recommendations for use of potential Parking District Revenue. 5) Oversight of Grant of Loan programs utilizing Parking Revenues. 6) Old Town Infrastructure.
7) Proposals for Studies of Old Town.
8) Marketing of Old Town.
9) Old Town Comprehensive Signage.
10) Old Town Conflict Resolution.
11) Capital Improvement Plan projects proposed for the Old Town area (prior to budget adoption).
12) Comprehensive economic development strategy for Old Town Term of Office. Terms of office for the Old Town Local Advisory Committee members shall be three (3) years with staggered terms. At the completion of any term, a Committee member may be reappointed pursuant to Temecula Municipal Code 2.40.060.

Removal and Vacancies. Members of the Old Town Local Advisory Committee shall be appointed and removed in the same manner as other boards, committees and commissions within the City pursuant to Temecula Municipal Code 2.40.050 and Section 3 of this Resolution.

No officers or employees of the City or person under an employment contract subject to the jurisdiction of the City Council shall be a member of such Committee. Vacancies shall be filled pursuant to 2.40.070.

Standing Committee seats reserved for Temecula Valley Chamber of Commerce, Visit Temecula Valley, Old Town Temecula Merchants Association, and Temecula Valley Historic Society shall be filled by a Committee member or employee representative proposed by each organization. If an any seat is left vacant for any reason, the City Council may fill that seat with an additional Temecula resident at -large.

Time and Place of Meeting. The Committee shall meet regularly as may be appropriate or necessary for the orderly conduct of its business. Meetings of the Committee shall be open to the public and governed by the California Open Meetings Act (the Brown Act).

Staff Assistance. The City Manager shall ensure that adequate staff will be allocated to provide necessary assistance to the Committee similar to that of other Committees, committees, and commissions within the City.

Transfer of Determinations and Approvals. The City Council hereby transfers the duties of the Old Town Local Review Board relating to determinations and approvals assigned to it by the Old Town Specific Plan to the Planning Commission.

Old Town Local Review Board Abolished. The "Old Town Local Review Board" established by the Old Town Specific Plan is hereby abolished, provided, however, that nothing herein shall affect decisions previously made by such Board.

FISCAL IMPACT: None
ATTACHMENTS: Resolution

RESOLUTION NO.2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA RECONSTITUTING THE OLD TOWN

LOCAL REVIEW BOARD BY ESTABLISHING THE OLD

TOWN LOCAL ADVISORY COMMITTEE

THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Old Town Local Advisory Committee Established. Pursuant to Chapter

2.40 of the Temecula Municipal Code, there is hereby established the "Old Town Local Advisory Committee" ("Committee").

Section 2. Composition and Membership. The Committee shall consist of seven (7) members appointed by the City Council to the following seats on the Committee:
(a) Four (4) of the Committee seats shall be reserved for one representative from each of the following organizations: 1) Temecula Valley Chamber of Commerce; 2) Visit Temecula Valley; 3) Old Town Temecula Merchants Association; and 4) Temecula Valley Historic Society.
(b) One (1) of the Committee seats shall be reserved for an owner of land within the Old Town Specific Plan area.
(c) One (1) of the Committee seats shall be reserved for a licensed architect. (d) One (1) of the Committee seats shall be reserved for a Temecula resident at -large.

Section 3. Role and Purpose.
(a) Members of the Committee are stakeholders in Old Town. They will each bring to the Committee important perspectives, experience and wisdom with respect to the development and maintenance of Old Town. The purpose of the Committee it to provide a forum for these stakeholders to examine issues related to Old Town and to provide their comments and recommendations to the Planning Commission and City Council who will then independently review the comments and recommendations pursuant to their legislative and adjudicative authority.
(b) The role of the Committee shall only be advisory to the Planning Commission and City Council, providing comments and recommendations on all matters affecting Old Town from their special perspectives. The Committee shall have no decision -making authority with legislative and adjudicative authority remaining with the Planning Commission and City Council. Their recommendations are not binding on the Planning Commission and City Council and are subject to substantive review by the Planning Commission and City Council. The Committee does not make or compel governmental decisions through any initiative or voting powers. As such, the members of the Committee are not agency officials within the meaning of Section 82004 of the Government Code and Sections 18704

and 18700(c)(2) of the Fair Political Practice Commission Regulations because the role of the Committee is solely advisory, members of the Committee have no decision making authority, and the comments or recommendations they provide will be independently reviewed and acted upon by the Planning Commission and City Council which are the legislative bodies have legislative and adjudicative decision making authority with respect to matters in Old Town. Therefore, members of the Committee are not required to file Economic Disclosure Forms (Form 700) and are not subject to the conflicts of interest provisions of the Political Reform Act, Government Code Sections 81000 et seq. (c) The Committee shall consider various items within its jurisdiction, including items suggested by the City Council and City Manager, and provide comments and recommendations. The Committee shall work with and through the assigned Department Director and liaison to collaborate on reports and recommendations, including its annual report to the City Council.
(d) The Committee shall provide advice and recommendations to the Planning Commission and City Council with respect to the following matters in Old Town:
1) Matters pertaining to the Old Town Specific Plan, including:
a) Proposed Level II projects.
b) Proposed Findings of Historic Appropriateness.
c) Requests to modify, alter any historic structure or building. d) Temecula Local Historic District.
e) Historical and cultural preservation in Old Town.
f) Architectural and development standards for projects in Old Town. 2) Special Events and Road Closure Review
3) Parking Management, including parking districts.
4) Recommendations for use of potential Parking District Revenue. 5) Oversight of Grant of Loan programs utilizing Parking Revenues. 6) Old Town Infrastructure.
7) Proposals for Studies of Old Town.
8) Marketing of Old Town.
9) Old Town Comprehensive Signage.
10) Old Town Conflict Resolution.

11) Capital Improvement Plan projects proposed for the Old Town area (prior to budget adoption).
12) Comprehensive economic development strategy for Old Town Section 4. Term of Office. Terms of office for the Old Town Local Advisory Committee members shall be three (3) years with staggered terms. At the completion of any term, a Committee member may be reappointed pursuant to Temecula Municipal Code 2.40.060.

Section 5. Removal and Vacancies.
(a) Members of the Old Town Local Advisory Committee shall be appointed and removed in the same manner as other boards, committees and commissions within the City pursuant to Temecula Municipal Code 2.40.050 and Section 3 of this Resolution.
(b) No officers or employees of the City or person under an employment contract subject to the jurisdiction of the City Council shall be a member of such Committee. Vacancies shall be filled pursuant to 2.40.070. (c) Standing Committee seats reserved for Temecula Valley Chamber of Commerce, Visit Temecula Valley, Old Town Temecula Merchants Association, and Temecula Valley Historic Society shall be filled by a Committee member or employee representative proposed by each organization. If an any seat is left vacant for any reason, the City Council may fill that seat with an additional Temecula resident at -large.

Section 6. Time and Place of Meeting. The Committee shall meet regularly as may be appropriate or necessary for the orderly conduct of its business. Meetings of the Committee shall be open to the public and governed by the California Open Meetings Act (the Brown Act).

Section 7. Staff Assistance. The City Manager shall ensure that adequate staff will be allocated to provide necessary assistance to the Committee similar to that of other Committees, committees, and commissions within the City.

Section 8. Transfer of Determinations and Approvals. The City Council hereby transfers the duties of the Old Town Local Review Board relating to determinations and approvals assigned to it by the Old Town Specific Plan to the Planning Commission.

Section 9. Old Town Local Review Board Abolished. The "Old Town Local Review Board" established by the Old Town Specific Plan is hereby abolished, provided, however, that nothing herein shall affect decisions previously made by such Board.

Section 10. The City Clerk shall certify to the passage and adoption of this resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of December, 2023.

Zak Schwank, Mayor
ATTEST:

Randi Johl, City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of December, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

Item No. 19

CITY COUNCIL / TEMECULA COMMUNITY SERVICES DISTRICT

AGENDA REPORT
TO: City Manager/Executive Director and City Council/Board of Directors FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: December 12, 2023
SUBJECT: Appoint the Mayor, Mayor Pro Tempore, President and Vice President for Calendar Year 2024
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council/Board of Directors:

1. Appoint the Mayor and Mayor Pro Tempore, effective January 1, 2024, to serve in this capacity until December 31, 2024; and

2. Appoint the President and Vice President, effective January 1, 2024 to serve in this capacity until December 31, 2024.

BACKGROUND: The City Council and Board of Directors appoint members to serve as Mayor, Mayor Pro Tempore, President and Vice President annually. These appointments are effective January 1, 2024. The newly appointed Mayor, Mayor Pro Tempore, President and Vice President will preside through calendar year 2024.

FISCAL IMPACT: None
ATTACHMENTS: None

REQUEST TO SPEAK

FORMS AND ELECTRONIC

SUMBITTED PUBLIC

COMMENTS

REQUEST TO SPEAK

CITY OF TEMECULA
1989
otj Date:

Public Comment: Non -Agenda Item: ❑ Agenda Item: ❑ Future Agenda Item: ❑ Item Description or Item No.

Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record.

Name: �,"W WWW4-Phone Number:

Address:

Email address:

If you are representing an organization or group, please give the name:

Please note that all information presented at a City Council meeting becomes public record.

All information provided is optional.

REQUEST TO SPEAK

CITY OF TEMECULA
1989
Date:

Public Comment: Non -Agenda Item: Agenda Item: ❑ Future Agenda Item: ❑ Item Description or Item No.

Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record.

Name: ISM T �'� Phone Number:

Address:

Email address:

If you are representing an organization or group, please give the name:

Please note that all information presented at a City Council meeting becomes public record.

All information provided is optional.

REQUEST TO SPEAK

CITY OF TEMECULA
iUxv r Z��
Date:Z/_
V
Public Comment: Non -Agenda Item: ❑ Agenda Item: Future Agenda Item: ❑ Item Description or Item No.

Name:
2, E.'j 5S Phone Number:

Address
Email address:

If you are representing an organization or group, please give the name:

Please note that all information presented at a City Council meeting becomes public record.

All information provided is optional.

REQUEST TO SPEAK

CITY OF TEMECULA
19tf9
Date:

Public Comment: Non -Agenda Item: ❑ Agenda Item:❑ Future Agenda Item: ❑ Item Description or Item No.

Address: �
Email address:

If you are representing an organization or group, please give the name:

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All information provided is optional.

REQUEST TO SPEAK

CITY OF TEMECULA
1989
Date:

Public Comment: Non -Agenda Item ElA Agenda Item: Future Agenda Item: El9 9 9 Item Description or Item No.

Name: f �''k ASS Phone Number:

Address: _

If you are representing an organization or group, please give the name:

Please note that all information presented at a City Council meeting becomes public record.

All information provided is optional.

REQUEST TO SPEAK

CITY OF TEMECULA
G989
Date: Z (z 23
Public Comment: Non -Agenda Item: ❑ Agenda Item:JO/
Future Agenda Item: ❑
Item Description or Item No. �� ❑ (i 4'k_&Vx
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record.

Name: I ^YES Phone Number:

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Email address:

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REQUEST TO SPEAK

CITY OF TEMECULA
ivxv
Date:

Public Comment: Non -Agenda Item: Agenda Item: Future Agenda Item: ❑ Item Description or Item No. Cc- �l S �G rn
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. / 1
Name: C (> h _-, 4 G Phone Number: �—
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REQUEST TO SPEAK

CITY OF TEMECULA
Date: / -0 `
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Item Description or Item No.

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Email address:

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J0 ® REQUEST TO SPEAK

CITY OF TEMECULA
Date:d-
Public Comment: Non -Agenda Item: ❑ Agenda Item: x Future Agenda Item: ❑ Item Description or Item No.

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REQUEST TO SPEAK
,a CITY OF TEMECULA
AAA
i
ivxy
Date:

Public Comment: Non -Agenda Item: Agenda Item Future Agenda Item:

Item Description or Item No. 1-7 Q
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk rp for to the City Council addressing that item. Once the s aker is called to speak, please come forward to the podium and state your name for the record.

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REQUEST TO SPEAK

CITY OF TEMECULA
�� 1
1989
G,/
Date: I w
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El
Item Description or Item No.

'
Email address:

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REQUEST TO SPEAK

CITY OF TEMECULA
ivxv -z�
Date: 1 Z 112 J
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Subject: FW: Public comment for tonight's meeting
From: Greg Langworthy
Subject: Public comment for tonight's meeting
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Luisa,
I cannot be at tonight's meeting, so I would like to have my public comment read if possible concerning the proposed installation of surveillance cameras.

Thank you for your help,
Greg Langworthy
Dear Temecula City Council,
l am concerned about the Constitutionality of the proposed additional surveillance cameras to be installed in Temecula: your duty is to uphold our Constitution as the Supreme law of our nation.

Government actions are constrained by the limits defined in our Constitution. The purpose of govemment is to protect or "secure" the God-given rights of the citizens.

Our fourth amendment specifically limits the surveillance actions of our government agencies. The amendment states, "The rights of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describe the place to be searched, and the persons or things to be seized. " Surveillance cameras are valuable tools for private citizens. Many citizens use them to protect their private property choosing to purchase them with their own funds.

However, the government is not allowed to search or surveil private citizens unless a judge has determined they have probable cause to do so. For example, l am free to search or surveil my own home and property, but / am not free to search or surveil my neighbor's home without his permission. The government is similarly constrained from searching or spying without specific cause and permission from a judge.

The fourth amendment puts clear limits on the government's ability to search people who are not suspected of having committed a crime. Use of these government cameras is similar to the use of a general warrant allowing the government to search whoever it wishes without establishing probable

cause. The information gathered on innocent citizens could later be used by the govemment to target political opponents. Governments are tempted to use taxpayer money to target their political opponents, and the use of taxpayer- funded surveillance equipment is one means of doing just that.

The recent unwarranted searches by the F81 on the Trump campaign before and after the 2016 election has given us a clear picture of the danger of allowing our government to go beyond the limits placed upon it by our Constitution.

Sincerely,
Greg Langworthy

Subject: FW: Flock Systems #17
From: JOHN LEONARD ; Jessica Alexander
Cc: Council Assistant
Subject: Flock Systems #17
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Honorable Council Members.

I am writing to urge you not to increase the number of Flock cameras already in use within city limits.

Although I certainly understand the temptation to install them with the intentions of blunting crime and preserving public safety, this decision should be carefully balanced with the citizens right of due process and privacy.

Fighting crime and increasing public safety are admirable and necessary functions of good governance. Due process and privacy, however are Constitutionally guaranteed Rights. You have taken an oath to protect and defend those Rights several times.

There is ample opinion, both private and legal to allow one to justify adding to these units. The expanding "police state" however, is a very real and present danger. Witness the scores of so called J6r's languishing... some of them valley residents.

Humans will be running or writing code controlling these systems and therein lies the danger. Long after you and I are long gone these systems will remain. Will they be abused? Almost certainly they will.

I urge you to leave well enough alone with what we have now.

It was James Madison who wrote in part; paraphrased:

If Men were angels, no government would be necessary. If angels were to govern men, no controls on government would be necessary. A government administered by men over men... the great difficulty lies in this: you must first enable the government... to control itself." Sincerely,
John Leonard

Subject: FW: Flock Systems #17
From: JOHN LEONARD
Cc: Council Assistant
Subject: Flock Systems #17
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Schwank.

I am writing to urge you not to increase the number of Flock cameras already in use within city limits.

Fighting crime and increasing public safety are admirable and necessary functions of good governance. Due process and privacy, however are Constitutionally guaranteed. You have taken an oath to protect and defend those rights several times.

Humans will be running or writing code controlling these systems and there lies the danger. Long after you and I are long gone these systems will remain. Will they be abused? Almost certainly they will.

I urge you to leave well enough alone with what we have now.

It was James Madison who wrote in part; paraphrased:

Subject: FW: Oppose FLOCK System
From: Stacey Brown
Sent: Tuesday, December 12, 2023 4:00 PM
To: James Stewart
Cc: Council Assistant
Subject: Oppose FLOCK System
Chris Bout, 24 year Temecula resident, calling to urge you to oppose the FLOCK system.

Phone:

Stacey Brown
Senior Office Specialist
City of Temecula
(951)694-6413
stacey. brow n aTe m ecu la CA. q ov
41000 Main St., Temecula, CA 92590
.r
i
The Heart of southern Ca6fo'
Wine Cent- ,
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.

Subject: FW: Agenda Business Item #17 (Page 14)
From: Stephanie Dawson
Subject: Agenda Business Item #17 (Page 14)
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Good Evening Council,
Although I do intend to be present at tonight's meeting, I will not be able to stay for long so in the event I have to leave before public comments for this item begin, here is the comment I have prepared:

Good evening council members.

I am here to state my opposition for the proposal to add surveillance cameras to our city. I spoke to members of our community who couldn't be here today but we are in agreement that the intended benefit to add more surveillance does not outweigh the risks. This unnecessary video surveillance in our community will not be very effective in deterring the bad guy but it does open the door to a slew of problems and concerns. Although we might not witness the repercussions of increasing city surveillance immediately, it is almost inevitable that at one point or another, such a surveillance system could be abused either at an institutional level, a personal level, or at a criminal level.

Another concern is the chilling effect that video monitoring could have on society. In other words, video monitoring could affect or deter citizens from exercising basic rights such as our freedom of speech which is guaranteed by our first amendment. All in all, increasing video surveillance in our city comes with far too many risks. I ask you council members here today, to please closely evaluate whether the risks are worth the feeling of safety that these cameras are meant to bring. You will find that the risks largely outweigh the intended benefits.

Thank you,
Stephanie Dawson

Subject: FW: Public comment re: Flock camera's & code enforcement From: Cindy Kennedy ; James Stewart ; Curtis
Brown ; Zak Schwank ; Brenden Kalfus
; Aaron Adams
Subject: Public comment re: Flock camera's & code enforcement CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Councilmembers,
I am writing as a longtime Temecula resident to express my opposition to adding anymore Chinese spy (aka: Flock) cameras to our city. Given the lack of prosecution for any of these crimes ... what is the point? I feel like this money could be better spent on cleaning up our town from homeless encampments, graffiti, shopping carts all over the place, lack of code enforcement from local shopping center owners etc...

It seems as if the majority of this council/city management cares about is Old Town and tourism. The shopping centers off Ynez (Target & Tower Plaza) are an embarrassment. These centers are run down and full of vagrants.

Our small town is starting to look more like a big city everyday ... sad. Maybe take a field trip and look at Poway, Carlsbad, So. Orange County etc... to learn how to better manage our city. I remember when Stew ran for re- election that he even commented on lack of code enforcement. What happened to that campaign promise? Sincerely,
Cindy Kennedy
Temecula, CA

Temecula City CouncilDecember 12, 2023

Temecula City Council
December 12, 2023