Cities Index.
Agenda packet, third session

Town Council
January 10, 2023

Document
Agenda packet, third session
Meeting
January 10, 2023
Body
Town Council
Original file
12.3 MB
Text extracted from the city's file for reading and search. Open the original on www.woodsideca.gov. That file is the official record.

Agenda
01-10-2023 AGENDA.PDF
Meeting Materials
TC MEETING PACKET - 2023-01-10.PDF
ITEM 1 - REGISTER OF DEMANDS FROM DECEMBER 1 - 31, 2022.PDF ITEM 2 - MONTHLY INVESTMENT ACTIVITY REPORT FOR NOVEMBER.PDF ITEM 3 - 2022 WELO ANNUAL REPORTING.PDF
ITEM 4 - AB 2449 JANUARY 10 MEETING.PDF
ITEM 5 - REDUCING QUORUM OF ARTS AND CULTURE COMMITTEE.PDF ITEM 6 - MICKELSON THERAPY POOL.PDF
ITEM 7 - MAY DAY 2023.PDF
ITEM A - ORAL REPORT FOR HOUSING ELEMENT.PDF
ITEM B - DESK ITEM - ANNE KASTEN 2023-01-10.PDF
ITEM B - ALPR POLICY AND SMCSO AMENDMENT.PDF

ITEM C - TOWN COUNCIL VOLUNTEER COMMITTEE APPOINTMENTS
2023.PDF

1. Documents:

2. Documents:

Town Council Meeting January 10, 2023 Page 1

TOWN OF WOODSIDE
TOWN COUNCIL MEETING AGENDA January 10, 2023
Independence Hall, 2955 Woodside Road, Woodside 7:00 p.m.

PURSUANT TO TOWN OF WOODSIDE RESOLUTION NO. 2022-7534, TOWN COUNCIL MEETINGS

WILL BE HELD AS HYBRID MEETINGS WITH THE OPTION TO ATTEND BY TELECONFERENCE/VIDEO CONFERENCE OR IN PERSON. MEMBERS OF THE PUBLIC THAT

WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING https://us02web.zoom.us/j/85437892933. PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE TOWN COUNCIL PRIOR TO THE MEETING.

IN THE EVENT THAT ANY MEMBER OF THE COUNCIL PARTICIPATES IN A MEETING BY TELECONFERENCE OR VIDEO CONFERENCE, PURSUANT TO THE RALPH M. BROWN ACT, GOVERNMENT CODE SECTION 54953, ALL VOTES OF THE COUNCIL SHALL BE BY ROLL CALL.

Join Zoom Meeting:

Dial by your location
+1 669 900 9128 +1 346 248 7799
Meeting ID: 854 3789 2933
Weblink:
https://us02web.zoom.us/j/85437892933
Remote Public Comments:

Meeting participants are encouraged
to submit public comments in writing
in advance of the meeting.

Email: [email protected]

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

COMMUNICATIONS
Persons wishing to address the Council on any matter not on the posted agenda are invited to do so. Please note, however, that the Council is not able to undertake extended discussion or to act on non-agendized items. Such items can be referred to staff for appropriate action, which may include placement on a future agenda. This communication period is limited to five persons, three minutes each. Any additional persons wishing to be heard will be scheduled at the end of Regular Business.

CONSENT CALENDAR
All items on the Consent Calendar are considered to be routine and will be approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.

1. Register of Demands Against the Town of Woodside from December 1 through 31, 2022.

2. 2022-23 November Monthly Investment Activity Report.

3. Annual Reporting for the Water Efficient Landscape Ordinance (WELO) 2022.

4. Resolution Directing that All Meetings of the Town Council, Council Subcommittees, Planning Commission, and Architectural and Site Review Board will Continue to Be Held in Hybrid Forms to Allow Attendance in Person or Remotely Pursuant to California Government Code Section 54953(e). Resolution No. 2023 - ____

5. Resolution Reducing the Quorum for Meetings of the Woodside Arts and Town Council Meeting January 10, 2023 Page 2
Culture Committee. Resolution No. 2023 - ____

6. Resolution in Support of Reopening the Mack E. Mickelson Arthritis and Rehabilitation Center Therapy Pool for Community Use at the Mills Health Center in San Mateo, California. Resolution No. 2023 - ____

7. Resolution Declaring Saturday, May 6, 2023, as May Day and Requesting Approval from the State Department of Transportation for the Woodside School PTA to Hold a Parade and the Woodside Recreation Committee to Hold a “Fun Run” on a State Highway. Resolution No. 2023 - ____

NEW BUSINESS
A. Oral Report from Staff/Consultant on Meeting with State Department of Housing and Community Development (HCD) Staff.

B. Resolutions (1) Adopting an Automated License Plate Reader (ALPR) Usage and Privacy Policy and (2) Approving Amendment Two to the Agreement for Law Enforcement Services Between the County of San Mateo and the Town of Woodside. Resolutions No. 2023 - ____ and ____

APPOINTMENTS
C. Mayor’s Councilmember Committee Appointments.

REPORTS
D. Mayor and Councilmember Communications.

COMMUNICATIONS

ADJOURNMENT

IN COMPLIANCE WITH THE AMERICANS WITH DISABILITY ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE TOWN CLERK AT (650) 851-6790.

NOTIFICATION IN ADVANCE OF THE MEETING WILL ENABLE THE TOWN TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING.

PLEASE NOTE THAT PURSUANT TO THE STATE OF CALIFORNIA’S OPEN MEETING RULES, THIS MEETING IS BEING AUDIO RECORDED.

ANY WRITINGS OR DOCUMENTS PROVIDED TO A MAJORITY OF THE TOWN COUNCIL REGARDING ANY ITEM ON THIS AGENDA WILL BE MADE AVAILABLE FOR PUBLIC INSPECTION AT THE ADMINISTRATION COUNTER AT TOWN HALL LOCATED AT 2955 WOODSIDE ROAD DURING NORMAL BUSINESS HOURS.

Town Council Meeting January 10, 2023 Page 1

TOWN OF WOODSIDE
TOWN COUNCIL MEETING AGENDA January 10, 2023
Independence Hall, 2955 Woodside Road, Woodside 7:00 p.m.

PURSUANT TO TOWN OF WOODSIDE RESOLUTION NO. 2022-7534, TOWN COUNCIL MEETINGS

WILL BE HELD AS HYBRID MEETINGS WITH THE OPTION TO ATTEND BY TELECONFERENCE/VIDEO CONFERENCE OR IN PERSON. MEMBERS OF THE PUBLIC THAT

WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING https://us02web.zoom.us/j/85437892933. PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE TOWN COUNCIL PRIOR TO THE MEETING.

IN THE EVENT THAT ANY MEMBER OF THE COUNCIL PARTICIPATES IN A MEETING BY TELECONFERENCE OR VIDEO CONFERENCE, PURSUANT TO THE RALPH M. BROWN ACT, GOVERNMENT CODE SECTION 54953, ALL VOTES OF THE COUNCIL SHALL BE BY ROLL CALL.

Join Zoom Meeting:

Dial by your location
+1 669 900 9128 +1 346 248 7799
Meeting ID: 854 3789 2933
Weblink:
https://us02web.zoom.us/j/85437892933
Remote Public Comments:

Meeting participants are encouraged
to submit public comments in writing
in advance of the meeting.

Email: [email protected]

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

COMMUNICATIONS
Persons wishing to address the Council on any matter not on the posted agenda are invited to do so. Please note, however, that the Council is not able to undertake extended discussion or to act on non-agendized items. Such items can be referred to staff for appropriate action, which may include placement on a future agenda. This communication period is limited to five persons, three minutes each. Any additional persons wishing to be heard will be scheduled at the end of Regular Business.

CONSENT CALENDAR
All items on the Consent Calendar are considered to be routine and will be approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.

1. Register of Demands Against the Town of Woodside from December 1 through 31, 2022.

2. 2022-23 November Monthly Investment Activity Report.

3. Annual Reporting for the Water Efficient Landscape Ordinance (WELO) 2022.

4. Resolution Directing that All Meetings of the Town Council, Council Subcommittees, Planning Commission, and Architectural and Site Review Board will Continue to Be Held in Hybrid Forms to Allow Attendance in Person or Remotely Pursuant to California Government Code Section 54953(e). Resolution No. 2023 - ____

5. Resolution Reducing the Quorum for Meetings of the Woodside Arts and Town Council Meeting January 10, 2023 Page 2
Culture Committee. Resolution No. 2023 - ____

6. Resolution in Support of Reopening the Mack E. Mickelson Arthritis and Rehabilitation Center Therapy Pool for Community Use at the Mills Health Center in San Mateo, California. Resolution No. 2023 - ____

7. Resolution Declaring Saturday, May 6, 2023, as May Day and Requesting Approval from the State Department of Transportation for the Woodside School PTA to Hold a Parade and the Woodside Recreation Committee to Hold a “Fun Run” on a State Highway. Resolution No. 2023 - ____

NEW BUSINESS
A. Oral Report from Staff/Consultant on Meeting with State Department of Housing and Community Development (HCD) Staff.

B. Resolutions (1) Adopting an Automated License Plate Reader (ALPR) Usage and Privacy Policy and (2) Approving Amendment Two to the Agreement for Law Enforcement Services Between the County of San Mateo and the Town of Woodside. Resolutions No. 2023 - ____ and ____

APPOINTMENTS
C. Mayor’s Councilmember Committee Appointments.

REPORTS
D. Mayor and Councilmember Communications.

COMMUNICATIONS

ADJOURNMENT

IN COMPLIANCE WITH THE AMERICANS WITH DISABILITY ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE TOWN CLERK AT (650) 851-6790.

NOTIFICATION IN ADVANCE OF THE MEETING WILL ENABLE THE TOWN TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING.

PLEASE NOTE THAT PURSUANT TO THE STATE OF CALIFORNIA’S OPEN MEETING RULES, THIS MEETING IS BEING AUDIO RECORDED.

ANY WRITINGS OR DOCUMENTS PROVIDED TO A MAJORITY OF THE TOWN COUNCIL REGARDING ANY ITEM ON THIS AGENDA WILL BE MADE AVAILABLE FOR PUBLIC INSPECTION AT THE ADMINISTRATION COUNTER AT TOWN HALL LOCATED AT 2955 WOODSIDE ROAD DURING NORMAL BUSINESS HOURS.

TOWN OF WOODSIDE
Report to Town Council Agenda Item 1
From: Paula Wong, Management Analyst January 10, 2023
Kevin Bryant, Town Manager
SUBJECT: REGISTER OF DEMANDS AGAINST THE TOWN OF WOODSIDE FROM DECEMBER 1 THROUGH DECEMBER 31, 2022
Per Town of Woodside Municipal Code Title III, Administration, Chapter 31.03.F the attached register of demands December 1 through December 31, 2 022 have been prepared, audited, and certified, by the Administrative Services Manager.

Attachment

1. Register of Demands December 1 through December 31, 2022 Item 1 Page 1
Town Council Meeting January 10, 2023
Accounts Payable
User:

Printed:
paula.wong
12/19/2022 9:33 AM
Checks by Date - Detail by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
41286 2953 Bay Demolition Inc. 12/02/2022
Refund11.28.22 155 Harcross Road BLDG2022-0187 155 Harcross Road BLDG2022-0187 SITE2022-0013 1,425.00 Refund11.28.22 155 Harcross Road SITE2022-0013 155 Harcross Road BLDG2022-0187 SITE2022-0013 523.43 Total for Check Number 41286: 1,948.43
41287 2954 CJ International LLC 12/02/2022
Refund11.28.22 3970 Woodside Road BLDG2019-0544 3970 Woodside Road BLDG2019-0544 2,608.00 Total for Check Number 41287: 2,608.00
41288 2952 Ofer Doitel 12/02/2022
Refund11.18.22 18033 Skyline Blvd BLDG2022-0140-0141 Project Cancelled 18033 Skyline Blvd BLDG2022-0140-0141 Project Cancelled 1,403.50 Total for Check Number 41288: 1,403.50
41289 2039 Martha Dunn 12/02/2022
DefSpac11.29.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 3,000.00 Total for Check Number 41289: 3,000.00
41290 2612 Kara Hargraves 12/02/2022
Refund11.17.22 805 Woodside Drive BLDG2017-0007/BLDG2017-0131 805 Woodside Drive BLDG2017-0007/BLDG2017-0131 1,200.00 Total for Check Number 41290: 1,200.00
41291 2951 Lance Kawamoto 12/02/2022
DefSpac11.18.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 3,000.00 Total for Check Number 41291: 3,000.00
41292 2640 Jody Lawler 12/02/2022
DefSpac11.21.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 3,000.00 Total for Check Number 41292: 3,000.00
41293 2955 Yvette Ma 12/02/2022
DefSpac11.28.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 3,000.00 Total for Check Number 41293: 3,000.00
41294 2658 Leslie C. Moretti 12/02/2022
DefSpac11.28.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 3,000.00 Total for Check Number 41294: 3,000.00
41295 2691 Kelly Murphy 12/02/2022
DefSpac11.21.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 3,000.00 Total for Check Number 41295: 3,000.00
41296 2731 Perry Palmer 12/02/2022
AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 1 Item 1 Page 2
Town Council Meeting January 10, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
DefSpac11.21.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 3,000.00 Total for Check Number 41296: 3,000.00
41297 2649 Eric Ruxton 12/02/2022
DefSpac11.28.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 3,000.00 Total for Check Number 41297: 3,000.00
41298 2862 Zhendi Su 12/02/2022
Refund11.21.22 45 Still Creek Road BLDG2018-0436 45 Still Creek Road BLDG2018-0436/SITE2019-0008 73.93 Refund11.21.22 45 Still Creek Road SITE2019-0008 45 Still Creek Road BLDG2018-0436/SITE2019-0008 218.75 Total for Check Number 41298: 292.68
41299 2855 Rona Wu 12/02/2022
Refund11.29.22 122 Maybury Place BLDG2019-0370 122 Maybury Place BLDG2019-0370 4,687.47 Total for Check Number 41299: 4,687.47
41300 1029 ASCAP 12/02/2022
500614570 License Fee 01.01.22-02.28.23 License Fee 01.01.22-02.28.23 433.03 Total for Check Number 41300: 433.03
41301 1033 AT&T - 939-103-5060 12/02/2022
000019067770 6508511294245 10.13.22-11.12.22 Phone (Museum) 10.13.22-11.12.22 114.67 Total for Check Number 41301: 114.67
41302 1035 AT&T - 939-103-5062 12/02/2022
000019067771 6508515591157 10.13.22-11.12.22 Phone (Woodside Pump Station) 10.13.22-11.12.22 26.43 Total for Check Number 41302: 26.43
41303 1896 Bay Area Traffic Solutions Inc. 12/02/2022
125390 PCMS Traffic Sign Rental 10.26.22-11.02.22 Portola Rd. Tree Work PCMS Traffic Sign Rental 10.26.22-11.02.22 Portola Rd. Tree Work 793.33 Total for Check Number 41303: 793.33
41304 2815 Callander Associates Landscape Architecture, Inc. 12/02/2022 22008-5 Barkley Field Batting Cage Design-July 2022 REISSUE Barkley Field Batting Cage Design-July 2022 REISSUE 702.13 Total for Check Number 41304: 702.13
41305 1102 Colma Firemen's Social Club 12/02/2022
TC 11.28.22 Council of Cities Dinner/Meeting 12.16.22 Council of Cities Dinner/Meeting 12.16.22 60.00 Total for Check Number 41305: 60.00
41306 1112 Cotton Shires & Associate 12/02/2022
1122157 Geologist Retainer Services: October 2022 Geologist Retainer Services: October 2022 213.75 Total for Check Number 41306: 213.75
41307 1114 County of San Mateo Office of Assessor-Clerk-Rec. 12/02/2022 2223023 Registration & Elections-Transition to District-Based System Registration & Elections-Transition to District-Based System 2,684.70 Total for Check Number 41307: 2,684.70
41308 1121 CSG Consultants, Inc. 12/02/2022
47112 In House Plan Review October 2022 Building Services October 2022 7,401.50 47112 Building Inspection October 2022 Building Services October 2022 7,680.00 AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 2 Item 1 Page 3
Town Council Meeting January 10, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
47113 Code Enforcement October 2022 Building Services Code Enforcement October 2022 7,623.00 47348 Engineering Staff Services October 2022 Engineering Staff Services October 2022 13,485.00 B221851 Building Plan Review Services September 2022 Building Plan Review Services September 2022 13,984.80 Total for Check Number 41308: 50,174.30
41309 1178 Interstate Traffic Control Products, Inc. 12/02/2022 253843 Custom Signs: 18X24 (3) Custom Signs: 18X24 (3) 216.56 Total for Check Number 41309: 216.56
41310 1148 Gerardo Mendoza 12/02/2022
180-2022 Barkley Fields Janitorial + Disinfecting October 2022 Barkley Fields Janitorial + Disinfecting October 2022 940.00 226-2022 Museum Janitorial + Disinfecting October 2022 Museum Janitorial + Disinfecting October 2022 240.00 236-2022 Independence Hall Janitorial October 2022 Independence Hall Janitorial October 2022 135.00 275-2022 Branch Library Janitorial + Disinfecting October 2022 Branch Library Janitorial + Disinfecting October 2022 1,285.00 290-2022 Town Hall Janitorial + Disinfecting October 2022 Town Hall Janitorial + Disinfecting October 2022 1,095.00 Total for Check Number 41310: 3,695.00
41311 1763 MidAmerica Admin. & Retirement Solutions,LLC 12/02/2022 MAR0000021513 July-September 2022 Quarterly HRA Processing Fees July-September 2022 Quarterly HRA Processing Fees 225.00 Total for Check Number 41311: 225.00
41312 2225 Mission Uniform 12/02/2022
518106821 Weekly Public Works Uniform Rental Service 11.01.22 Weekly Public Works Uniform Rental Service 11.01.22 40.32 518144012 Weekly Public Works Uniform Rental Service 11.08.22 Weekly Public Works Uniform Rental Service 11.08.22 35.00 518185448 Weekly Public Works Uniform Rental Service 11.15.22 Weekly Public Works Uniform Rental Service 11.15.22 40.32 518231399 Weekly Public Works Uniform Rental Service 11.22.22 Weekly Public Works Uniform Rental Service 11.22.22 35.00 518278332 Weekly Public Works Uniform Rental Service 11.29.22 Weekly Public Works Uniform Rental Service 11.29.22 38.55 Total for Check Number 41312: 189.19
41313 1248 Pacific Gas & Electric 12/02/2022
P0537 11.17.22 Canada College/Farm Hill 0537900773-4 10.12.22-11.09.22 Canada College Traffic Signals 0537900773-4 10.12.22-11.09.22 70.06 Total for Check Number 41313: 70.06
41314 1249 Pacific Gas & Electric 12/02/2022
P0961 11.17.22 5001 Farm Hill/Barkely 0961067232-2 10.11.22-11.08.22 5001 Farm Hill/Barkley PGE 0961067232-2 10.11.22-11.08.22 479.30 Total for Check Number 41314: 479.30
41315 1250 Pacific Gas & Electric 12/02/2022
P1399 11.21.22 1399341562-2 Street Lamp 10.15.22-11.15.22 1399341562-2 TH Street Lamp 10.15.22-11.15.22 17.50 Total for Check Number 41315: 17.50
41316 1251 Pacific Gas & Electric 12/02/2022
P3590 11.10.22 TH #2 3590823804-7 Gas 10.12.22-11.09.22 Town Hall -Gas 3590823804-7 10.12.22-11.09.22 160.27 Total for Check Number 41316: 160.27
41317 1252 Pacific Gas & Electric 12/02/2022
P3663 11.13.22 Library 1 Gas 3663254289-4 10.13.22-11.10.22 Library 1 Gas PGE 3663254289-4 10.13.22-11.10.22 79.20 Total for Check Number 41317: 79.20
41318 1253 Pacific Gas & Electric 12/02/2022
P3674 11.17.22 TH 3; 3674157132-1 10.11.22-11.08.22 Town Hall 3; 3674157132-1 10.11.22-11.08.22 600.79 AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 3 Item 1 Page 4
Town Council Meeting January 10, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 41318: 600.79
41319 1254 Pacific Gas & Electric 12/02/2022
P3704 11.17.22 Library 2- PGE3704920953-1 10.12.22-11.09.22 Library 2- PGE3704920953-1 10.12.22-11.09.22 1,015.98 Total for Check Number 41319: 1,015.98
41320 1255 Pacific Gas & Electric 12/02/2022
P5632 11.17.22 Town Hall 4 PGE 5632637403-2 10.11.22-11.08.22Town Hall 4 PGE 5632637403-2 10.11.22-11.08.22 1,401.86 Total for Check Number 41320: 1,401.86
41321 1257 Pacific Gas & Electric 12/02/2022
P9226 11.17.22 TC Pump 9226135810-2 10.11.22-11.08.22 TC Pump 9226135810-2 10.11.22-11.08.22 518.44 Total for Check Number 41321: 518.44
41322 1260 Parisi Transportation Consulting 12/02/2022
19178 On-Call Plan. & Traffic Eng.-October 2022 On-Call Plan. & Traffic Eng.-October 2022 2,258.75 Total for Check Number 41322: 2,258.75
41323 1266 Petty Cash 12/02/2022
PC 11.18.22 Reimburse Petty Cash Box 11.02.22-11.18.22 Reimburse Petty Cash Box 11.02.22-11.18.22 394.96 Total for Check Number 41323: 394.96
41324 2226 Quench USA, Inc. 12/02/2022
INV04108259 2 Water Units for TH/Public Works 06.20.22-07.19.22 2 Water Units for TH/Public Works 06.20.22-07.19.22 131.26 Total for Check Number 41324: 131.26
41325 2122 San Mateo County Public Safety Communications 12/02/2022 WDPD 23-01 Quarterly Dispatch Services for WPD Q1 Jul-Sep 2022 Quarterly Dispatch Services for WPD Q1 Jul-Sep 2022 30,504.50 WDPD 23-02 Quarterly Dispatch Services for WPD Q2 Oct-Dec 2022 Quarterly Dispatch Services for WPD Q2 Oct-Dec 2022 30,504.50 Total for Check Number 41325: 61,009.00
41326 2956 San Mateo Resource Conservation District 12/02/2022 1-CB-GEN Compost Broker Service:Jurisdiction Allocation Jul-Sept 2022 Compost Broker Service:Jurisdiction Allocation Jul-Sept 2022 29.04 Total for Check Number 41326: 29.04
41327 1513 St. Francis Electric, LLC 12/02/2022
171050102 TS & SL Maintenance- October 2022 TS & SL Maintenance- October 2022 290.00 Total for Check Number 41327: 290.00
41328 1385 Stepford 12/02/2022
2201693 IT Monthly Off-site Disaster Recovery January 2023IT Monthly Off-site Disaster Recovery January 2023 680.00 2201694 IT Monthly Service+MS Office License January 2023 IT Monthly Service+MS Office License January 2023 3,133.00 Total for Check Number 41328: 3,813.00
41329 1318 U.S. Bank 12/02/2022
PCard11.15.22 Costco: Drinks for Retiremment Party Employee Procurement Card Statement 11.15.22 126.80 PCard11.15.22 BC Pharmacy: Farewell Party Balloons Employee Procurement Card Statement 11.15.22 9.81 PCard11.15.22 Coscto: Water for Volunteer Reception Employee Procurement Card Statement 11.15.22 82.43 PCard11.15.22 USPS: Mailing- HCD Requested Hard Copy Employee Procurement Card Statement 11.15.22 12.45 PCard11.15.22 APWA: Chapter Meeting Registration Employee Procurement Card Statement 11.15.22 45.00 PCard11.15.22 Zoom: Cloud Storage (Month) Employee Procurement Card Statement 11.15.22 40.00 PCard11.15.22 Michael's: Birthday Banner & Container Employee Procurement Card Statement 11.15.22 32.93 AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 4 Item 1 Page 5
Town Council Meeting January 10, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
PCard11.15.22 Zoom: Video Conferencing Fee (Month) Employee Procurement Card Statement 11.15.22 14.99 PCard11.15.22 O'Reilly Auto Parts: Blue DEF for RAM 5500 Employee Procurement Card Statement 11.15.22 72.48 PCard11.15.22 Zoom: Video Conferencing Fee (Month) Employee Procurement Card Statement 11.15.22 14.99 PCard11.15.22 Woodside Bakery: Pasteries for Great Shakeout Drill Employee Procurement Card Statement 11.15.22 43.60 PCard11.15.22 Piazza Wholesale: Flowers for Volunteer ReceptionEmployee Procurement Card Statement 11.15.22 484.52 PCard11.15.22 Corner Yogurt: Meeting RE: 773 Canada Employee Procurement Card Statement 11.15.22 17.26 PCard11.15.22 Amazon: Office Supplies Employee Procurement Card Statement 11.15.22 36.00 PCard11.15.22 Villa Lucia's Pizzaria: Farewell Staff Lunch Employee Procurement Card Statement 11.15.22 274.46 PCard11.15.22 Name Badges: Council & Staff Employee Procurement Card Statement 11.15.22 56.89 PCard11.15.22 Safeway: Farewell Party Cake & Flowers Employee Procurement Card Statement 11.15.22 63.93 PCard11.15.22 Outdoor Hardware Supply:Fence Posts for Signs Employee Procurement Card Statement 11.15.22 257.93 Total for Check Number 41329: 1,686.47
41330 2950 United Rentals (North America),Inc. 12/02/2022 790045290-001 111 Hillside Drive: Code Enforcement Fencing 10.05.22-11.02.22 111 Hillside Drive: Code Enforcement Fencing 10.05.22-11.02.22 100.73 790045290-002 111 Hillside Drive: Code Enforcement Fencing 11.02.22-11.30.22 111 Hillside Drive: Code Enforcement Fencing 11.02.22-11.30.22 100.73 Total for Check Number 41330: 201.46
41331 1333 Wells Fargo Financial Leasing, Inc. 12/02/2022 5022717206 Postage Meter Rental 12.13.22-01.12.23 Postage Meter Rental 12.13.22-01.12.23 185.93 Total for Check Number 41331: 185.93
41332 1338 Woodside & Portola Private Patrol 12/02/2022 190765 Monthly Commercial Patrol Service Barkley Field December 2022 Monthly Commercial Patrol Service Barkley Field December 2022 3,000.00 Total for Check Number 41332: 3,000.00
Total for 12/2/2022: 173,011.44
41333 2509 Carol Arvidsson 12/09/2022
Refund12.7.22 581 Patrol Road BLDG2019-0443 Project Application Expired. 581 Patrol Road BLDG2019-0443 Project Application Expired. 548.00 Total for Check Number 41333: 548.00
41334 2874 Deborah Fitz 12/09/2022
DefSpac12.7.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 2,700.00 Total for Check Number 41334: 2,700.00
41335 1479 Kimberly Hansen 12/09/2022
DefSpac12.2.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 2,600.00 Total for Check Number 41335: 2,600.00
41336 2622 Keith Lucas 12/09/2022
DefSpac12.5.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 3,000.00 Total for Check Number 41336: 3,000.00
41337 2784 Michael O'Neill 12/09/2022
DefSpac12.5.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 2,750.00 Total for Check Number 41337: 2,750.00
41338 2958 Lawrence Shane 12/09/2022
DefSpac12.5.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 3,000.00 AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 5 Item 1 Page 6
Town Council Meeting January 10, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 41338: 3,000.00
41339 1497 Creed Stary 12/09/2022
DefSpac12.8.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 2,850.00 Total for Check Number 41339: 2,850.00
41340 1006 Aaronson, Dickerson, Cohn & Lanzone 12/09/2022 1783 Legal Services November 2022 Legal Services November 2022 25,679.25 Total for Check Number 41340: 25,679.25
41341 2407 Advanced Tree Care 12/09/2022
16682 Arborist Report: 215 Olive Hill Lane Arborist Report: 215 Olive Hill Lane 450.00 Total for Check Number 41341: 450.00
41342 1031 AT&T - 939-103-5058 12/09/2022
000019114795 6505291639212 10.25.22-11.24.22 Phone (Additional Lines at Museum) 10.25.22-11.24.22 50.91 Total for Check Number 41342: 50.91
41343 1032 AT&T - 939-103-5059 12/09/2022
000019114796 6505291708808 10.25.22-11.24.22 Phone(Automated Notification System/DSL) 10.25.22-11.24.22 26.29 Total for Check Number 41343: 26.29
41344 1034 AT&T - 939-103-5061 12/09/2022
000019114799 6508512195729 10.25.22-11.24.22 Phone (Fax) 10.25.22-11.24.22 50.91 Total for Check Number 41344: 50.91
41345 1036 AT&T - 939-103-5063 12/09/2022
000019114800 6508516795 10.25.22-11.24.22 Phone (Extra Office Number) 10.25.22-11.24.22 23.19 Total for Check Number 41345: 23.19
41346 1037 AT&T - 939-103-5064 12/09/2022
000019114801 6508517741634 10.25.22-11.24.22 Phone (Public Works) 10.25.22-11.24.22 26.29 Total for Check Number 41346: 26.29
41347 1043 Bay Area News Group 12/09/2022
0001361391 Legal Classified Advertising-Planning November 2022 Legal Classified Advertising-Planning November 2022 306.29 Total for Check Number 41347: 306.29
41348 1061 California Dept. of Transportation 12/09/2022 SL230171 Signals & Lighting July-September 2022 Signals & Lighting July-September 2022 1,525.13 Total for Check Number 41348: 1,525.13
41349 1060 California Water Service 12/09/2022
W4321 11.30.22 4321116666 2955 Woodside Rd 6" Fire Service 12.01.22-12.31.22 4321116666 2955 Woodside Rd 6" Fire Service 12.01.22-12.31.22 55.69 Total for Check Number 41349: 55.69
41350 2957 Charles M. Salter Associates, Inc. 12/09/2022 0082059 Housing Element Site Noise Analysis: October 2022Housing Element Site Noise Analysis: October 2022 1,917.50 Total for Check Number 41350: 1,917.50
AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 6 Item 1 Page 7
Town Council Meeting January 10, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
41351 1087 City of Redwood City 12/09/2022
326001 Woodside-RWC Inter-Agency Loan Annual Principal Payment 2022 Woodside-RWC Inter-Agency Loan Annual Principal+Int Paymt 2022 5,900.00 326001 Woodside-RWC Inter-Agency Loan Annual Interest Payment 2022 Woodside-RWC Inter-Agency Loan Annual Principal+Int Paymt 2022 477.90 Total for Check Number 41351: 6,377.90
41352 2894 ClientFirst Consulting Group, LLC 12/09/2022 14379 Technology Master Planning-November 2022 Technology Master Planning-November 2022 1,927.50 Total for Check Number 41352: 1,927.50
41353 1112 Cotton Shires & Associate 12/09/2022
1022206 Geologist Retainer Services: September 2022 Geologist Retainer Services: September 2022 410.00 1022226 195 Farm Road, BLDG 2022-0375 195 Farm Road, BLDG 2022-0375 1,230.00 1022227 140 Romero Road, BLDG2022-0228 140 Romero Road, BLDG2022-0228 820.00 1022228 366 Eleanor Drive, BLDG2022-0002 366 Eleanor Drive, BLDG2022-0002 1,127.50 1022229 8 Quail Meadows, BLDG2021-0609 8 Quail Meadows, BLDG2021-0609 1,332.50 1022230 469 Manuella Ave; BLDG2022-0168 469 Manuella Ave; BLDG2022-0168 922.50 1022231 1101 Canada Road, SITE2022-0043 1101 Canada Road, SITE2022-0043 776.25 1022232 1101 Canada Road, SDIV2022-0001 1101 Canada Road, SDIV2022-0001 860.00 1022233 2 Medway Road, BLDG2022-0336 2 Medway Road, BLDG2022-0336 1,876.25 1022234 115 Dean Road, BLDG2022-0399 115 Dean Road, BLDG2022-0399 1,637.50 1022235 2190 Ward Way, BLDG2022-0420 2190 Ward Way, BLDG2022-0420 1,457.50 1022236 110 Hardwick Road, BLDG2022-0426 110 Hardwick Road, BLDG2022-0426 1,457.50 1022237 18 Stadler Drive, BLDG2022-0439 18 Stadler Drive, BLDG2022-0439 1,463.75 1022238 30 Echo Lane, BLDG2022-0413 30 Echo Lane, BLDG2022-0413 1,537.50 Total for Check Number 41353: 16,908.75
41354 1118 County of San Mateo-Health System 12/09/2022 AC22-23Woodside FY 2022-23 Animal Control Costs FY 2022-23 Animal Control Costs 74,629.00 Total for Check Number 41354: 74,629.00
41355 1121 CSG Consultants, Inc. 12/09/2022
46579 Engineering Staff Services September 2022 Engineering Staff Services September 2022 19,452.50 46743 Easement Research Services September 2022 Easement Research Services September 2022 2,820.00 46845 In House Plan Review September 2022 Building Services September 2022 8,482.25 46845 Building Inspection September 2022 Building Services September 2022 9,216.00 46846 Code Enforcement September 2022 Code Enforcement September 2022 8,253.00 47347 Lot Merger Review:4214 Jefferson Ave-October 2022 Lot Merger Review:4214 Jefferson Ave-October 2022 1,280.00 Total for Check Number 41355: 49,503.75
41356 2770 Edge Communications Solutions 12/09/2022
405716 Phone (Main Office Number) 11.06.22-12.05.22 Monthly Phone (650)851-6790 11.06.22-12.05.22 311.04 407546 Phone (Main Office Number) 12.06.22-01.05.23 Monthly Phone (650)851-6790 12.06.22-01.05.23 226.04 Total for Check Number 41356: 537.08
41357 1308 Embarcadero Media 12/09/2022
77469 Legal Advertising- Planning November 2022 Legal Advertising Planning November 2022 461.00 Total for Check Number 41357: 461.00
41358 1653 Harrison Engineering, Inc. 12/09/2022
21-016-08 Glens Pathway Phase 2 & 3: Design October-November 2022 Glens Pathway Phase 2 & 3: Design October-November 2022 2,231.56 22-020-01 Farm Road Reconstruction Assistance: November 2022 Farm Road Reconstruction Assistance: November 2022 3,179.42 Total for Check Number 41358: 5,410.98
41359 1167 Herc Rentals, Inc. 12/09/2022
AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 7 Item 1 Page 8
Town Council Meeting January 10, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
32398710-016 Storage Container Rental 10.26.22-11.23.22 Storage Container Rental 10.26.22-11.23.22 127.30 Total for Check Number 41359: 127.30
41360 1686 Managed Health Network 12/09/2022
PRM-076855 Employee Assistance Program December 2022 Employee Assistance Program December 2022 55.00 PRM-076855 Employee Assistance Program December 2022 Employee Assistance Program December 2022 50.00 PRM-076855 Employee Assistance Program December 2022 Employee Assistance Program December 2022 50.00 Total for Check Number 41360: 155.00
41361 1148 Gerardo Mendoza 12/09/2022
181-2022 Barkley Fields Janitorial + Disinfecting November 2022 Barkley Fields Janitorial + Disinfecting November 2022 940.00 227-2022A Museum Janitorial + Disinfecting November 2022Museum Janitorial + Disinfecting November 2022 240.00 237-2022 Independence Hall Janitorial November 2022 Independence Hall Janitorial November 2022 135.00 276-2022 Branch Library Janitorial + Disinfecting November 2022 Branch Library Janitorial + Disinfecting November 2022 1,285.00 291-2022 Town Hall Janitorial + Disinfecting November 2022Town Hall Janitorial + Disinfecting November 2022 1,095.00 Total for Check Number 41361: 3,695.00
41362 2475 Network Secuirty Systems 12/09/2022
28956 Museum-Quarterly Fire/Intrusion Alarm Service:Oct-Dec 2022 Museum & Library-Quarterly Fire/Intrusion Alarm Service 225.00 28956 Library-5 Month Fire Alarm Service:Aug-Dec 2022Museum & Library-Quarterly Fire/Intrusion Alarm Service 325.00 Total for Check Number 41362: 550.00
41363 1245 ODP Business Solutions, LLC 12/09/2022
273973339001 Supplies: Calendar Supplies: Calendar 17.49 278078327001 Supplies: Planners Supplies: Planners 43.73 278078554001 Supplies: Cornstarch Forks Supplies: Cornstarch Forks 10.85 278078557001 Supplies: Tea, Coffee Creamer Supplies: Tea, Coffee Creamer 10.96 278078559001 Supplies: Tea Supplies: Tea 6.49
Total for Check Number 41363: 89.52
41364 1581 PLAN JPA 12/09/2022
PLAN-2023-0102 General Liability Claims-October 2022 General Liability Claims-October 2022 5,764.00 Total for Check Number 41364: 5,764.00
41365 1556 Quality Landscape & Concrete, Inc. 12/09/2022 BARKLEY10.31.22 Barkley Fields Monthly Landscape Maintenance October 2022 Barkley Fields Monthly Landscape Maintenance October 2022 10,280.00 Canada11.01.22 Runneymede/Canada Transformer Landscape Watering October 2022 Runneymede/Canada Transformer Landscape Watering October 2022 569.00 LIBRARY10.31.22 Library Landscape Maintenance October 2022 Library Landscape Maintenance October 2022 1,080.00 OLHBridge110122 Old La Honda Bridge Landscape Watering- October 2022 Old La Honda Bridge Landscape Watering- October 2022 284.50 TOWN10.31.22 Town Monthly Landscape Maintenance October 2022 Town Monthly Landscape Maintenance October 2022 1,480.00 Total for Check Number 41365: 13,693.50
41366 1276 Roberts Market 12/09/2022

11.30.22 Grocery & Hardware Supplies November 2022 Grocery & Hardware Supplies November 2022 226.65 Total for Check Number 41366: 226.65
41367 1385 Stepford 12/09/2022
2201709 Planning Dept: HP Notebook Planning Dept: HP Notebook 1,946.10 Total for Check Number 41367: 1,946.10
41368 1095 Sweeping Corporation of America 12/09/2022
104658CS Monthly Sweep Fee November 2022 Monthly Sweep Fee November 2022 1,513.68 AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 8 Item 1 Page 9
Town Council Meeting January 10, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 41368: 1,513.68
41369 1324 U.S. BANK St. Paul 12/09/2022
6742065 Parking Lot Annual Admin/Incidental Fees 11.01.22-10.31.23 Parking Lot Annual Admin/Incidental Fees 11.01.22-10.31.23 2,300.00 Total for Check Number 41369: 2,300.00
41370 2950 United Rentals (North America),Inc. 12/09/2022 314311 111 Hillside Drive: Code Enforcement Fencing 04.08.22-10.04.22 111 Hillside Drive: Code Enforcement Fencing 04.08.22-10.04.22 550.00 Total for Check Number 41370: 550.00
41371 1322 United Site Services 12/09/2022
INV-01224369 Portable Restroom Services 11.30.22-12.27.22 Portable Restroom Services 11.30.22-12.27.22 231.57 Total for Check Number 41371: 231.57
Total for 12/9/2022: 234,157.73
41372 1598 Matthew Apfel 12/16/2022
Refund12.12.22 680 Manzanita Way BLDG2019-0172-0173 680 Manzanita Way BLDG2019-0172-0173 1,000.00 Total for Check Number 41372: 1,000.00
41373 2961 Bruce Baker 12/16/2022
DefSpac12.12.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 550.00 Total for Check Number 41373: 550.00
41374 2057 Pamela Forsyth 12/16/2022
Refund12.12.22 1104 Godetia Drive BLDG2021-0521 1104 Godetia Drive BLDG2021-0521 1,000.00 Total for Check Number 41374: 1,000.00
41375 1580 Green Gables LLC 12/16/2022
DefSpac12.15.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 9,000.00 Total for Check Number 41375: 9,000.00
41376 1822 Paul Ricci 12/16/2022
Refund12.12.22 382 Mountain Home Road BLDG2019-0630-0631382 Mountain Home Road BLDG2019-0630-0631 60.10 Refund12.12.22 382 Mountain Home Road BLDG2019-0630-0631382 Mountain Home Road BLDG2019-0630-0631 8,482.25 Refund12.12.22 382 Mountain Home Road BLDG2019-0630-0631382 Mountain Home Road BLDG2019-0630-0631 478.00 Total for Check Number 41376: 9,020.35
41377 2959 Marc Tarpenning 12/16/2022
Refund12.08.22 75 Tum Sudden Way BLDG2020-0090-0091 75 Tum Sudden Way BLDG2020-0090-0091 946.00 Refund12.08.22 75 Tum Sudden Way BLDG2020-0090-0091 75 Tum Sudden Way BLDG2020-0090-0091 195.00 Refund12.08.22 75 Tum Sudden Way BLDG2020-0090-0091 75 Tum Sudden Way BLDG2020-0090-0091 1,410.30 Refund12.08.22 75 Tum Sudden Way BLDG2020-0090-0091 75 Tum Sudden Way BLDG2020-0090-0091 1,000.00 Total for Check Number 41377: 3,551.30
41378 2962 Clark Williford 12/16/2022
DefSpac12.13.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 2,325.00 Total for Check Number 41378: 2,325.00
41379 1004 A2Z Business Systems 12/16/2022
AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 9 Item 1 Page 10 Town Council Meeting January 10, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
AR31000 Copier Maintenance Contract 10.29.22-01.28.23 + Aug-Oct Overages Copier Maintenance Contract 10.29.22-01.28.23 + Aug-Oct Overages 2,619.99 Total for Check Number 41379: 2,619.99
41380 1033 AT&T - 939-103-5060 12/16/2022
000019213439 6508511294 11.13.22-12.12.22 Phone (Museum) 11.13.22-12.12.22 114.92 Total for Check Number 41380: 114.92
41381 1035 AT&T - 939-103-5062 12/16/2022
000019213440 6508515591 TC/Woodside Pump Station 11.13.22-12.12.22 Phone (Town Center/Woodside Pump Station) 11.13.22-12.12.22 26.67 Total for Check Number 41381: 26.67
41382 1038 AT&T - 939-105-1744 12/16/2022
000019183119 Phone (Internet) 11.10.22-12.09.22 Phone (Internet) 11.10.22-12.09.22 838.74 Total for Check Number 41382: 838.74
41383 1039 AT&T Mobility 12/16/2022
873236230X12062022 Cell phones 873236320 10.29.22-11.28.22 Cell phones 873236320 10.29.22-11.28.22 184.24 Total for Check Number 41383: 184.24
41384 1062 California Water Service 12/16/2022
W1367 12.09.22 1367116666 WHHA 24 Median Meters+1 Town Median 11.08.22-12.08.22 WHHA 24 Median Meters+1 Town Median Meter 11.08.22-12.08.22 1,129.20 Total for Check Number 41384: 1,129.20
41385 1063 California Water Service 12/16/2022
W2367 12.08.22 2367116666 Mt Home & Woodside 11.05.22-12.07.22 2367116666 Mt Home & Woodside 11.05.22-12.07.22 33.01 Total for Check Number 41385: 33.01
41386 1065 California Water Service 12/16/2022
W4562 12.09.22 4562104183 5001 Farmhill Blvd, Barkley Fields 11.08.22-12.08.22 4562104183 5001 Farmhill Blvd, Barkley Fields 11.08.22-12.08.22 2,700.10 Total for Check Number 41386: 2,700.10
41387 1066 California Water Service 12/16/2022
W5527 12.05.22 5527147592 BG Construction Mtr 62261013 11.02.22-12.02.22 5527147592 BG Construction Mtr 62261013, 11.02.22-12.02.22 82.52 Total for Check Number 41387: 82.52
41388 1067 California Water Service 12/16/2022
W6167 12.08.22 6167116666 2955 Woodside Rd. 11.05.22-12.07.226167116666 2955 Woodside Rd. 11.05.22-12.07.22 296.50 Total for Check Number 41388: 296.50
41389 1068 California Water Service 12/16/2022
W6408 12.08.22 6408116666 3140 Woodside Road 11.05.22-12.07.226408116666 3140 Woodside Road 11.05.22-12.07.22 245.39 Total for Check Number 41389: 245.39
41390 1069 California Water Service 12/16/2022
W8508 12.08.22 8508116666 Woodside & Canada Ln, 11.05.22-12.07.22 8508116666 Woodside & Canada Ln. 11.05.22-12.07.22 82.52 Total for Check Number 41390: 82.52
41391 1110 Corodata 12/16/2022
RS3448259 Records Management November 2022 Records Management November 2022 502.48 AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 10 Item 1 Page 11 Town Council Meeting January 10, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 41391: 502.48
41392 1112 Cotton Shires & Associate 12/16/2022
1122208 240 La Questa Way,BLDG2022-0476 240 La Questa Way,BLDG2022-0476 1,213.75 1122209 83 Tum Suden, BLDG2019-0677 (Town Expense)83 Tum Suden, BLDG2019-0677 (Town Expense) 1,459.00 1122210 11 Monticello Court, BLDG2022-0131 11 Monticello Court, BLDG2022-0131 430.00 1122211 124 Audiffred Lane, BLDG2022-0462 124 Audiffred Lane, BLDG2022-0462 747.50 1122212 225 Brookwood Road, BLDG2021-0593 225 Brookwood Road, BLDG2021-0593 1,553.50 1222351 Geologist On-Call Services: November 2022 Geologist On-Call Services: November 2022 1,290.00 Total for Check Number 41392: 6,693.75
41393 1653 Harrison Engineering, Inc. 12/16/2022
21-016-07 Glens Pathway Phase 2 & 3: Design July-September 2022 Glens Pathway Phase 2 & 3: Design July-September 2022 12,422.21 22-010-03 Glens Pathway Phase 3 Grant Assistance:August-September 2022 Glens Pathway Phase 3 Grant Assistance:August-September 2022 2,771.86 Total for Check Number 41393: 15,194.07
41394 2655 Joseph Kauffman 12/16/2022
Reimb. 12.08.22 Reimbursement-Equestrian Trail ROW Survey Vintage Ct/Mtn Home Rd Reimbursement-Equestrian Trail ROW Survey Vintage Ct/Mtn Home Rd 940.00 Total for Check Number 41394: 940.00
41395 1218 Mayne Tree Expert Co., Inc. 12/16/2022
78937 Treat Tree Trunks (600) for Sudden Oak Death Treat Tree Trunks (600) for Sudden Oak Death 9,082.00 Total for Check Number 41395: 9,082.00
41396 2225 Mission Uniform 12/16/2022
518318297 Weekly Public Works Uniform Rental Service 12.06.22 Weekly Public Works Uniform Rental Service 12.06.22 35.00 518359939 Weekly Public Works Uniform Rental Service 12.13.22 Weekly Public Works Uniform Rental Service 12.13.22 40.32 Total for Check Number 41396: 75.32
41397 2926 Ninyo & Moore Geotechnical & Environmental Science 12/16/2022 267514 140 Phillip Road,BLDG2022-0490 Geotechnical Review 140 Phillip Road,BLDG2022-0490 Geotechnical Review 1,250.00 Total for Check Number 41397: 1,250.00
41398 1245 ODP Business Solutions, LLC 12/16/2022
279033945001 Supplies: Coffeemate, Tea,Detergent Supplies: Coffeemate, Tea,Detergent 43.22 279486787001 Supplies:HP Printer Ink Supplies:HP Printer Ink 55.81 279573954001 Supplies:Tape Supplies:Tape 28.74
280421590001 Supplies:Hand Soap Supplies:Hand Soap 51.14 Total for Check Number 41398: 178.91
41399 2960 Lucy Oropeza 12/16/2022
Reimb. 12.08.22 Training Workshop-City Clerks Association Training Workshop-City Clerks Association 250.00 Total for Check Number 41399: 250.00
41400 1256 Pacific Gas & Electric 12/16/2022
P5827 12.09.22 Entrance Canada Coll. 5827359418-2 11.03.22-12.05.22 Traffic Canada College 5827359418-2 11.03.22-12.05.22 46.77 Total for Check Number 41400: 46.77
41401 2901 Peninsula Truck Repair, Inc. 12/16/2022
9207 Repair Window Regulator: 2009 Ford Escape Lic#1310853 Repair Window Regulator: 2009 Ford Escape Lic#1310853 732.33 Total for Check Number 41401: 732.33
AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 11 Item 1 Page 12 Town Council Meeting January 10, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
41402 1556 Quality Landscape & Concrete, Inc. 12/16/2022 BARKLEY11.30.22 Barkley Fields Monthly Landscape Maintenance November 2022 Barkley Fields Monthly Landscape Maintenance November 2022 10,280.00 Barkley12.01.22 Barkley Fields Repair: Mainline Leak November 2022 Barkley Fields Repair: Mainline Leak November 2022 1,925.00 LIBRARY11.30.22 Library Landscape Maintenance November 2022 Library Landscape Maintenance November 2022 1,080.00 TOWN11.30.22 Town Monthly Landscape Maintenance November 2022 Town Monthly Landscape Maintenance November 2022 1,480.00 Total for Check Number 41402: 14,765.00
41403 2226 Quench USA, Inc. 12/16/2022
INV04571572 2 Water Units for TH/Public Works 11.20.22-12.19.22 2 Water Units for TH/Public Works 11.20.22-12.19.22 131.26 Total for Check Number 41403: 131.26
41404 1289 Satcom Global, Inc. 12/16/2022
AI12220469 Satellite Service-Quarterly Fee up to 11.30.22 Satellite Service-Quarterly Fee up to 11.30.22 188.48 Total for Check Number 41404: 188.48
41405 2800 SOLV 12/16/2022
426570 IRS Tax Form 1099-NEC and Envelopes 2022 IRS Tax Form 1099-NEC and Envelopes 2022 79.18 Total for Check Number 41405: 79.18
41406 1300 Springbrook Holding Company LLC 12/16/2022
INV-011089 Annual Finance Suite/PO Software Subscription 02.11.23-02.10.24 Annual Finance Suite/PO Software Subscription 02.11.23-02.10.24 11,804.31 Total for Check Number 41406: 11,804.31
41407 2202 Springbrook National User Group 12/16/2022
3738 Annual Membership Renewal 02.06.23-02.06.24 Annual Membership Renewal 02.06.23-02.06.24 100.00 Total for Check Number 41407: 100.00
41408 1513 St. Francis Electric, LLC 12/16/2022
171050103 TS & SL Maintenance- November 2022 TS & SL Maintenance- November 2022 290.00 Total for Check Number 41408: 290.00
41409 1303 SWRCB 12/16/2022
SW-0241897 Annual Permit Fee 07.01.22-06.30.23 Facility ID# 2 41M1000066 Annual Permit Fee 07.01.22-06.30.23 Facility ID# 2 41M1000066 7,067.00 Total for Check Number 41409: 7,067.00
41410 1303 SWRCB 12/16/2022
WD-0212923 Annual Permit Fee 07.01.22-06.30.23 Facility ID#2SSO10218 Annual Permit Fee 07.01.22-06.30.23 Facility ID#2SSO10218 3,453.00 Total for Check Number 41410: 3,453.00
41411 2950 United Rentals (North America),Inc. 12/16/2022 790045290-004 111 Hillside Drive: Code Enforcement Fencing 11.30.22-12.28.22 111 Hillside Drive: Code Enforcement Fencing 11.30.22-12.28.22 93.07 Total for Check Number 41411: 93.07
41412 2218 Wex Bank 12/16/2022
85608473 Chevron Gas Card for Fleet 11.07.22-12.06.22 Chevron Gas Card for Fleet 11.07.22-12.06.22 855.37 Total for Check Number 41412: 855.37
Total for 12/16/2022: 108,572.75
AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 12 Item 1 Page 13 Town Council Meeting January 10, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Report Total (127 checks): 515,741.92
AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 13 Item 1 Page 14 Town Council Meeting January 10, 2023

TOWN OF WOODSIDE
Report to Town Council Agenda Item 2
Prepared by: Paula Wong, Management Analyst January 10, 2023 Reviewed by: Kevin Bryant, Town Manager
SUBJECT: 2022-23 November Monthly Investment Activity Report

RECOMMENDATION
It is recommended that the Town Council review and accept the 2022-23 November Investment Activity Report.

BACKGROUND
The Town of Woodside’s Investment Policy requires that there be “a monthly transaction report made to the Town Council that reports the transactions of all Investments” and California Government Code Section 53607 requires “the monthly report shall be so submitted within 30 days following the end of the month covered by the report”. This report has been prepared to facilitate that review. It has been prepared by utilizing the Town’s financial reporting, LAIF and PARS investment reports, as of November 30, 2022.

MONTHLY INVESTMENT ACTIVITY REPORT FOR NOVEMBER
LAIF
PARS

PENSION
PARS
OPEB
Beginning FY2022-23 July Balance 9,220,484.23 2,157,749.43 1,085,306.03 Net Transfer In/(Out)- between Town's Wells Fargo Checking Account - - - Interest Income Q4 FY2022 Cash Basis, received July 2022 16,830.99 - - Interest Income Q1 Cash Basis, received October 2022 29,951.59 Net Investment Earnings(Loss) (10,281.17) - (6,555.83)
Ending Balance October 9,267,266.81 2,147,468.26 1,078,750.20 Transfer Out- to Town's Wells Fargo Checking Account (500,000.00) - - Net Investment Earnings(Loss) 113,558.95 - 57,029.66
Ending Balance November 8,767,266.81 2,261,027.21 1,135,779.86 YTD Net Transfer In/(Out)- between Town's Wells Fargo Checking Account (500,000.00) YTD Interest Income-Cash Basis+Accrual Basis 46,782.58
YTD Net Investment Earnings(Loss) 103,277.78 - 50,473.83 Item 2 Page 1
Town Council Meeting January 10, 2023
LAIF
Local Agency Investment Fund (LAIF) is managed and administered by the State of California’s Treasurer, created by statue beginning in 1977 as an investment alternative for California’s local governments.

LAIF investment income is received on a quarterly basis, for the quarters ending March 31st, June 30th, September 30th, and December 31st. The Town receives an investment income statement and the cash from the State in the month following the end of the involved quarter. Thus, such revenue is received in July, October, January, and April.

PARS (IRS Sec 115)
The Town has two IRS Section 115 accounts with PARS. The Pension account can be used for unfunded pension liabilities and is shown on the financial statements as restricted cash. The OPEB (other post-employment benefits) account is for retiree health premiums and is shown only in the notes of the statements (per Governmental Accounting Standards Board regulations).

Due to the ease of access of the Town’s funds in liquid accounts such as LAIF and PARS, the Town has more than sufficient funds available to meet its liquidity (expenditure) requirements for the next six months and is in compliance with the Town Council’s financial management policy.

CONCLUSION
It is recommended that the Town Council review and accept this report.

Item 2 Page 2
Town Council Meeting January 10, 2023

TOWN OF WOODSIDE

REPORT TO TOWN COUNCIL
Meeting Date: January 10, 2023 Agenda Item: 3
Prepared by: Sage Schaan, Interim Planning Director
Approved by: Kevin Bryant, Town Manager
SUBJECT: ANNUAL REPORTING FOR THE WATER EFFICIENT LANDSCAPE ORDINANCE (WELO) 2022

RECOMMENDATION
It is recommended that the Town Council accept the Reporting Form for the Water Efficient Landscape Ordinance (WELO) for 2022, and direct staff to transmit the report to the State Department of Water Resources (DWR) by January 31, 2023.

DISCUSSION
On February 23, 2016, the Town adopted the State’s Model Water Efficient Landscape Ordinance (WELO), with the added requirement that covers be added to all new pools and spas (Woodside Municipal Code Section 150.40).

Installation of irrigated landscaped area totaling 500 square feet or more for a new project or totaling 2,500 square feet or more of landscaping for a retrofitted project area, triggers WELO requirements, including submittal of a State-mandated Landscape Documentation Package prior to issuance of a Building Permit.

The Department of Water Resources requires annual reporting (Attachment 1) on projects subject to the ordinance. In 2022, nine projects (7 new landscapes and 2 retrofitted landscapes) were ‘finaled’ that required compliance with WELO and received certificates of completion. A total of 354,488 square feet (8.14 total acres) of landscaped area was subject to the ordinance.

Approximately 4.6% percent of this total area was turf(lawn)(Attachment 1, Exhibit A).

PUBLIC COMMENT
No comments have been received on the Town’s 2022 Annual Water Efficient Landscape Ordinance Report. Any comments received will be transmitted as desk items.

CONCLUSION
Acceptance and transmittal of the attached Annual Progress Report will satisfy the State statutory requirement for annual reporting for WELO.

ATTACHMENTS

1. Water Efficient Landscape Ordinance Reporting Form (2022) Exhibit A Town of Woodside projects subject to WELO that received Certificates of Completion in 2022
Item 3 Page 1 Town Council Meeting January 10, 2023
This form is provided to help local agencies comply
with Section 495. The use of this form is not required.

This version of the form is intended for agencies that
have previously reported (2018) and have had NO
changes to their Ordinance since the last report.

Section Cited
Agency Name: Town of Woodside
Address: 2955 Woodside Road, Woodside, CA 94062
Contact Name: Sage Schaan, AICP CEP
Title: Interim Planning Director
Phone Number and Extension: (650) 851‐6790
Email:
495(b)(1)
Has your agency adopted a single agencyordinance OR a regional agency alliance ordinance? Single Agency Ordinance
495(b)(2) Reporting Period: 1/1/2022‐12/31/2022
495(b)(3)
Has your agency adopted the state Model
Water Efficient Landscape Ordinance (MWELO)
or a local Water Efficient Landscape Ordinance
(WELO)? Local Water Efficient Landscape Ordinance (WELO) 495(b)(3)
For agencies who have adopted a locally
modified WELO:
495(b)(3) How is it different from MWELO?
It requires rather than recommends covers on newpools and spas. 495(b)(3) Is it at least as efficient as MWELO? yes
495(b)(3)
Are there any exemptions specified in the local
WELO? Briefly list, citing sections. no
Model Water Efficient Landscape Ordinance
Implementation Annual Reporting
2023
Item 3 Page 2
Town Council Meeting January 10, 2023
ATTACHMENT 1
495(b)(4)
Identify the entity within your agency that is
responsible for implementing the ordinance.
(e.g. Planning, Building, Public Works, Parks,City Arborist, etc.) Planning Department 495(b)(4)
If another agency (e.g. Water supplier) is
implementing the ordinance, identify it and
explain its role, list the cities and county areasthat are supported by the water supplier (or other agency) in this capacity. None
495(b)(5)
State the number and types of projects subjectto the ordinance during the specified reporting period (when the project was final/permitclosed out) (*e.g., single family residences, commercial projects, landscape retrofits): 9 projects subject to WELO Ordinance 495(b)(6)
Total landscape area subject to the ordinance
over the reporting period in square feet oracres: 354,488 square feet 495(b)(7)
During the reporting period, how many of thefollowing types of projects did your agency issue permits on: 9
495(b)(7) Number of new housing starts: 7495(b)(7) Number of new commercial projects: 0495(b)(7) Number of landscape retrofits: 2495(b)(8) Briefly describe review procedures.

Review of Landscape Design with any discretionary
Planning entitlement, Site Development Permit, and/or
Building Permit. Planning staff reviews the Technical
MWELO submittal to confirm all required componentshave been included at the Site Development/BuildingPermit stage.

Item 3 Page
3 Town Council Meeting January 10, 2023
495(b)(9) Describe actions to verify compliance.

Require complete and certified Landscape
Documentation Package (LDP) for each project subject
to WELO. Require complete and certified WELO
Certificates of Completion for each project subject toWELO. 495(b)(9) Is a plan check performed? yes
495(b)(9)
If so, by whom? (eg. Planning, Building, Parks,
City Arborist, Public Works, etc.) Planning staff
495(b)(9) Are site inspections performed? yes
495(b)(9)
If so, by whom? (eg. Planning, Building, Parks,City Arborist, Public Works, etc.) Planning staff with verification by certified
landscape/irrigation professionals.
495(b)(9)
Are post‐installation irrigation auditsperformed? yes
495(b)(9)
If so, by whom? (eg. Building, Parks, CityArborist, Public Works, contracted auditor,water supplier, etc.) Professional contractors hired by the applicant. 495(b)(10) Briefly describe enforcement measures:

Re: Enforcement ‐ All Town code enforcement is acted
upon immediately after receiving noncomplianceinquiries. 495(b)(11)
Explain challenges to implementing and
enforcing the ordinance.

Re: Implementation ‐ Property owner desire forextensive landscaping. Re: Enforcement ‐ Town hasonly one part‐time code enforcement officer. 495(b)(12)
Describe educational, guidance and other
needs to properly apply the ordinance.

Periodic trainings available for staff would be helpful.

Drought‐tolerant, native landscaping and preservation
of Natural State are strongly encouraged by the Town'scurrent General Plan and Residential Design Guidelines.The Architectural and Site Review Board (ASRB) and Town staff strongly encourage those practices, with
resident compliance. The Environment Committeerecognizes highly compliant projects with the 'Backyard Habitat Award'.

Item 3 Page
4 Town Council Meeting January 10, 2023
The provision of the following information is
not required by Section 495 and is optional.

However, the information, if provided, will
help DWR better provide technical assistance
to local agencies.

What is the URL (web address) of thelandscape ordinance page on your agencywebsite? https://library.municode.com/ca/woodside/codes/mu
nicipal_code?nodeId=CD_ORD_TITXVLAUS_CH150BURE_ARTIVWAEFLA Has your agency also adopted Title 24 Part 11CalGreen Building codes? yesHave elements from other regulations beenincorporated (e.g., tree shading percent coverage requirement, stormmwater capturerequirements) into the local WELO? Briefly describe. no
Are other agencies (e.g. water suppliers) ableto assist with any part of implementation? Ifso, briefly explain. noDescribe implementation measures:

Implementation is conducted by property owners andverified by certified professionals and property owners pursuant to WELO.

Are there any conflicts between MWELO andother municipal codes? If yes, briefly explain. no Additional Comments:

Are you aware that cities and counties arerequired to adopt an ordinance or other enforcement mechanism that requires
compliance with certain provisions of the
MWELO (14 CCR Section 18989.2) and must
also report annually to CalRecycle on the
number of projects subject to the MWELO? Formore information see: yes Item 3 Page
5 Town Council Meeting January 10, 2023
https://www.calrecycle.ca.gov/organics/slcp/fa
q/collections#Calgreen
Send completed survey to
[email protected]
Questions? 916‐651‐9676
Item 3 Page 6
Town Council Meeting January 10, 2023
No. of New
Housing
Starts
No. of New
Commercial
Projects
Total
Landscaped
1 Mountain Wood Lane 215 SITE2015‐0060 0 0 1 26,934 5% (1,347 SF) 1 0 2/17/2016 4/18/2022 4/21/2022 FINALED 2 Tripp Road 3470 SITE2018‐0015 1 0 0 2,446 23% (571 SF) 1 0 5/13/2019 4/13/2022 4/22/2022 FINALED 3 Fernside Street 1660 SITE2019‐0069 1 0 0 42,402 0.00% 0 0 5/15/2020 3/21/2022 3/28/2022 FINALED4 Roan Place 90 SITE2017‐0013 1 0 0 14,576 0.00% 0 0 10/4/2018 5/4/2022 5/5/2022 FINALED 5 Tripp Road 3577 SITE2017‐0052 1 0 0 37,401 0.004% (172 SF) 1 0 5/23/2018 6/2/2022 6/3/2022 FINALED 6 Woodside Road 3793 SITE2019‐0030 1 0 0 39,016 0.00% 1 1 11/13/2019 10/7/2022 10/13/2022 FINALED 7 Mountain Home Road 151 SITE2019‐0010 1 0 0 24,468 28% (6,845 SF) 1 1 5/30/2019 8/9/2022 8/15/2022 FINALED8 Olive Hill Lane 210 SITE2019‐ 0007;REV2019‐0069
(WELO)
0 0 1 113,583 4.8% (5,419 SF) 1 1 5/28/19;
10/8/19
8/2/2021 8/3/2022 FINALED
9 Greer Road 250 SITE2013‐0018;
REV2022‐0081
(WELO)
1 0 0 53,662 3.3% (1,795 SF) 1 1 5/20/13;
10/11/22
10/12/2022 10/13/2022 FINALED
TOTAL 7 0 2 354,488 Average

4.6%(16,149
SF)
74 Area Subject to
the Ordinance
(Square Feet)
STATUS
Water Efficient Landscape Ordinance (WELO) Reporting ‐ 2022 # Street Name Address No. Discretionary/
Construction Permit
No. of Landscape
Retrofits
% of Turf No. of New
Pools
No. of New
Spas
Permit
Issuance
Date

PERMIT FINAL
DATE (Certificate of
Completion)
Date C of C sent
to Water
Provider
(Landscaping
for new
residential
project)
(Landscaping for
new commercial
project)
Item 3 Page 7
Town Council Meeting January 10, 2023

EXHIBIT A

TOWN OF WOODSIDE
Report to Town Council Agenda Item 4
From: Kevin Bryant, Town Manager January 10, 2023

SUBJECT: RESOLUTION DIRECTING THAT ALL MEETINGS OF THE TOWN COUNCIL,

COUNCIL SUBCOMMITTEES, PLANNING COMMISSION, AND

ARCHITECTURAL AND SITE REVIEW BOARD WILL CONTINUE TO BE

HELD IN HYBRID FORMAT TO ALLOW ATTENDANCE IN PERSON OR

REMOTELY CALIFORNIA PURSUANT TO GOVERNMENT CODE SECTION 54953(e)

RECOMMENDATION
It is recommended that the Town Council adopt the attached resolution, making the findings required under AB 361 (California Government Code Section 54953) to continue holding public meetings of the Town Council, Planning Commission, and Architectural and Site Review Board (ASRB) in “hybrid” format to allow members of those bodies, Town staff, and the public to attend meetings either in person or remotely.

DISCUSSION
On October 12, 2021, October 26, 2021, November 16, 2021, December 14, 2021, January 11, 2022, February 8, 2022, March 8, 2022, March 29, 2022, May 10, 2022, June 14, 2022, July 12, 2022, September 13, 2022, October 11, 2022, and December 13, 2022, the Town Council approved resolutions that made the findings required to continue the Town’s practice of holding public meetings in hybrid format. The Town Council is required to reconsider those findings and decision to continue meeting in hybrid format no less than every thirty (30) days.

By approving the attached resolution, the Council will again make the findings required under Government Code section 54953 to continue meetings that allow remote attendance. Specifically, the attached resolution finds that the Council has reconsidered its decision on hybrid meetings and found that:
1) the state of emergency continues to directly impact the ability of the members to meet safely in person; or
2) State or local officials continue to impose or recommend measures to promote social distancing.

Staff believes that these findings can be made. On February 9, 2022, the San Mateo County Health Officer, in conjunction with health officers from the other Bay Area counties, announced that he would align the County with the State’s masking requirements. While the State subsequently lifted its indoor masking requirements for vaccinated people on February 16, 2022, and for unvaccinated people on March 1, 2022, the California Department of Public Health (CDPH) continues to recommend that all persons, regardless of vaccination status, continue indoor masking in public settings and businesses depending on the community transmission level.

Item 4 Page 1
Town Council Meeting January 10, 2023
The San Mateo County Health Officer made a similar recommendation when announcing the County’s alignment with the State. Specifically, County Health noted that “[c]ontinuing to mask in indoor public settings, especially crowded or poorly ventilated spaces, remains the safest choice for an individual and protects those who are medically vulnerable or are not able to get vaccinated, like our youngest children.” Further, the County recommended that “[p]eople should continue to choose layered prevention strategies, such as wearing well-fitted masks (N95 or double layer cloth over surgical are best); staying home and testing when symptomatic; testing before gatherings; and improving indoor ventilation in situations where these strategies can add protection for themselves and others.”
Currently, the San Mateo County Health Office lists among its strategies for community prevention measures limiting the number of people indoors, maintaining proper ventilation in indoor spaces, and wearing masks. As we are in the cold winter months, ensuring proper ventilation inside Independence Hall is more difficult than during the warmer months.

Continuing to hold hybrid meetings is one of the least disruptive methods the Council can utilize to protect against the ongoing threat of COVID-19 transmission. COVID-19 spreads easily and quickly through airborne droplets, particularly when indoors. While face coverings, testing, and ventilating indoor spaces can reduce transmission, they cannot eliminate the threat. Conducting hybrid meetings allows attendees to fully participate in each meeting without requiring that they gather in the same indoor space. Further, it allows members of public, staff, and members of the Council, Council subcommittees, Planning Commission, or ASRB to participate in meetings even if they have been exposed to COVID-19 or are experiencing symptoms of COVID19.

Should the Council approve the attached resolution, it would continue the Town’s practice of holding all public meetings of the Town Council, Council Subcommittees (if any), Planning Commission, and ASRB in hybrid format for at least another 30 days.

At the time that the Town Council can no longer make the findings required under Government Code section 54953 by majority vote, the Town will return to in-person meetings and any remote participation by a member of the Council, Council subcommittees, Planning Commission, or ASRB will be subject to the standard Brown Act provisions related to remote participation; specifically that notice of the meeting be posted at, and that the public be allowed to attend and participate from, the remote location from which the member of the body is participating.

CONCLUSION
As the California state of emergency in response to COVID-19 remains effective and because the California Department of Public Health and San Mateo County Health Officer recommend face coverings for everyone Item 4 Page 2
Town Council Meeting January 10, 2023
in indoor public locations, staff believes that the Council can make the findings required to continue meeting in hybrid format.

If the Council approves the attached resolution, the Town Council, Council subcommittees, Planning Commission, and ASRB will continue to hold meetings in hybrid format.

Attachments

1. Resolution
Item 4 Page 3
Town Council Meeting January 10, 2023
ATTACHMENT 1

RESOLUTION
Item 4 Page 4
Town Council Meeting January 10, 2023
RESOLUTION NO.____________

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE DIRECTING THAT

ALL MEETINGS OF THE TOWN COUNCIL, COUNCIL SUBCOMMITTEES, PLANNING

COMMISSION, AND ARCHITECTURAL AND SITE REVIEW BOARD WILL CONTINUE TO

BE HELD IN HYBRID FORMAT TO ALLOW ATTENDANCE IN PERSON OR REMOTELY CALIFORNIA PURSUANT TO GOVERNMENT CODE SECTION 54953(e) WHEREAS, on March 4, 2020, the Governor declared a state of emergency in response to the COVID-19 pandemic and California remains in a declared state of emergency; and
WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20, temporarily suspending certain provisions of the Ralph M.

Brown Act to allow local agencies to hold public meetings teleconference; and
WHEREAS, through subsequent Executive Orders, local agencies were able to continue holding public meetings by teleconference through September 30, 2021; and
WHEREAS, on an emergency basis, on September 16, 2021, the State adopted AB 361, codified at California Government Code Section 54953, which allows local agencies to continue meeting by teleconference under certain circumstances and after making certain findings; and WHEREAS, on September 13, 2022, the State adopted AB 2449, which recast the provisions of Government Code 54953 originally adopted through AB 361 related to meeting remotely during the duration of the declared state of emergency; and
WHEREAS, the Town Council, Planning Commission, and Architectural and Site Review Board (ASRB) have met by video conference since March 2020 and have found it to be an effective method of receiving public input, holding deliberations, and conducting the general business of Town; and
WHEREAS, as of August 31, 2021, the Town Council, Planning Commission, and ASRB have held “hybrid meetings,” which allow members of those bodies, Town staff, and the public to attend either in person or remotely by video conference; and
WHEREAS, the hybrid meeting model allows each individual attendee of the meeting to assess his or her own risk, and the risk he or she may pose to others, based on vaccination status, health conditions, age, or any other factor which may dissuade a person from attending an in-person meeting; and
WHEREAS, the hybrid meeting model also provides those that wish to attend meetings in-person the ability to do so; and
WHEREAS, the California Department of Public Health (CDPH) and San Mateo County Health Officer lifted their respective indoor mask requirements on February 16, 2022, but still recommend that people Item 4 Page 5
Town Council Meeting January 10, 2023
wear masks when in indoor public settings, depending on personal risk factors and community transmission level; and
WHEREAS, the San Mateo County Health Officer continues to recommend additional strategies to prevent transmission of the COVID19 virus, including staying home and testing when symptomatic, testing before gatherings, and improving indoor ventilation; and WHEREAS, on October 12, 2021, the Town Council considered the imminent risk to the health and safety of attendees at in-person meetings and the distancing measures required and recommended by Federal, State, and local health officials; and
WHEREAS, after such consideration, the Town Council directed by resolution adopted on October 12, 2021 that all meetings of the Town Council, Council subcommittees, Planning Commission, and ASRB would continue to be held in hybrid format; and
WHEREAS, the Town Council reconsidered this action at its October 26, 2021, November 16, 2021, December 14, 2021, and January 11, 2022, February 8, March 8, 2022, March 29, 2022, May 10, 2022, June 14, 2022, July 12, 2022, September 13, 2022, October 11, 2022, and December 13, 2022, meetings and, by resolutions approved at each of those meetings, directed that all meetings of the Town Council, Council subcommittees, Planning Commission, and ASRB would continue to be held in hybrid format; and
WHEREAS, the Town Council has again reconsidered its direction to meet in hybrid format and finds that meeting in hybrid format continues to be necessary due to the ongoing threat of COVID-19.

NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Woodside does find and declares as follows:

1. The Town Council has reconsidered its determinations made by resolutions dated October 12, 2021, October 26, 2021, November 16, 2021, December 14, 2021, January 11, 2022, February 8, 2022, March 8, 2022, March 29, 2022, May 10, 2022, June 14, 2022, July 12, 2022, September 13, 2022, October 11, 2022, and December 13, 2022, that meetings of the Town Council, Council subcommittees, Planning Commission, and ASRB should continue to be held in hybrid format to allow participation in person or remotely; and

2. The state of emergency related to the COVID-19 pandemic continues to directly impact the ability of the members to meet safely in person; and

3. The California Department of Public Health and the San Mateo County Health Officer both state that face coverings in indoor public settings and other social distancing measures can prevent COVID-19 transmission; and

4. Holding meetings in person creates an imminent risk to the health and safety of attendees; and

5. Holding hybrid meetings will reduce the possibility of COVID-19 transmission during those meetings by allowing those who are atrisk or potentially suffering COVID-19 symptoms to participate in Item 4 Page 6
Town Council Meeting January 10, 2023
meetings without physically attending.

NOW, THEREFORE BE IT FURTHER RESOLVED, that the Town Council of the Town of Woodside directs that, for at least the next thirty days, at which time or as soon thereafter as the Council shall meet, the Council will review whether this action remains necessary to protect the health and safety of meeting attendees, the Town Council, any subcommittees of the Town Council, the Planning Commission, the ASRB, and any other Town body meeting pursuant to the Ralph M. Brown Act shall hold their meetings in hybrid format, offering attendees both in-person and videoconference/teleconference access. Any public comment period during any such meeting shall be taken in the same form and fashion from in-person and remote attendees. If at any time during any such meeting the ability to broadcast the meeting and accept public comments from remote attendees through
videoconference/teleconference is disrupted, the body holding the meeting shall recess until the disruption is resolved or continue the meeting to a later date when videoconference/teleconference participation can be restored.

Passed and adopted by the Town Council of the Town of Woodside, California, at a meeting thereof held on the 10th day of January, 2023, by the following vote of the members thereof:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
___________________________________
Mayor of the Town of Woodside
ATTEST:
______________________________
Clerk of the Town of Woodside
Item 4 Page 7
Town Council Meeting January 10, 2023

TOWN OF WOODSIDE
Report to Town Council Agenda Item 5
Prepared by: Melissa Cardinale, Asst to the Town Mgr. January 10, 2023 Approved by: Kevin Bryant, Town Manager
SUBJECT: RESOLUTION REDUCING THE QUORUM FOR MEETINGS OF THE WOODSIDE

ARTS AND CULTURE COMMITTEE

RECOMMENDATION
It is recommended that the Town Council adopt the attached resolution modifying the quorum of the Woodside Arts and Culture Committee.

BACKGROUND AND DISCUSSION
The Woodside Arts and Culture Committee currently has a total of fifteen committee positions with one committee vacancy. Some months, the Committee is unable to establish a quorum to hold meetings. The current quorum to hold a meeting is seven.

At its regular meeting on October 13, 2022, the Woodside Arts and Culture Committee discussed, and then voted to request that the Town Council define a quorum as six members.

CONCLUSION
The Town Council periodically changes the operational characteristics of of citizen advisory committees. The attached resolution would modify the operation of the Woodside Arts and Culture Committee.

ATTACHMENT

1. Resolution
Item 5 Page 1
Town Council Meeting January 10, 2023
RESOLUTION NO. 2023 - _____

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE MODIFYING

QUORUM REQUIREMENTS FOR THE WOODSIDE ARTS AND CULTURE COMMITTEE WHEREAS, the Woodside Arts and Culture Committee strengthens multigenerational community involvement within the Town by initiating, sponsoring and celebrating local art, creativity and culture activities; and
WHEREAS, the membership size and the establishment of a quorum of all of the Town’s citizen advisory committees is adjusted from time to time, based upon individual circumstances; and
WHEREAS, the Woodside Arts and Culture Committee currently has fourteen appointed members and one vacant seat; and WHEREAS, on October 13, 2022, the Woodside Arts and Culture Committee voted to request that the quorum for the Woodside Arts and Culture Committee be reduced to six members.

NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Woodside does hereby establish that the quorum of the Woodside Arts and Culture Committee for purposes of undertaking committee business is set at six members.
* * * * * *
Passed and adopted by the Town Council of the Town of Woodside, California, at a meeting thereof held on the 10th day of January, 2023, by the following vote of the members thereof:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
___________________________________
Mayor of the Town of Woodside
ATTEST:
______________________________
Clerk of the Town of Woodside
Item 5 Page 2
Town Council Meeting January 10, 2023

TOWN OF WOODSIDE
Report to Town Council Agenda Item 6_
Prepared by: Melissa Cardinale, Asst. to the Town Mgr. January 10, 2023 Approved by: Kevin Bryant, Town Manager

SUBJECT: RESOLUTION IN SUPPORT OF REOPENING THE MACK E. MICKELSON

ARTHRITIS AND REHABILITATION CENTER THERAPY POOL FOR COMMUNITY

USE AT THE MILLS HEALTH CENTER IN SAN MATEO, CALIFORNIA

RECOMMENDATION
It is recommended that the Town Council review and discuss whether to adopt the attached resolution in support of reopening the Mack E.

Mickelson Arthritis and Rehabilitation Center Therapeutic Pool for community use at the Mills Health Center in San Mateo, California.

DISCUSSION
The Mack E. Mickelson Arthritis and Rehabilitation Center Therapeutic Pool is a wheelchair accessible, warm water pool used by seniors and people with chronic pain or disabilities for 25 years. Sutter Health closed the facility in March 2020 as a result of the COVID-19 pandemic; however, in June 2021, Sutter Health announced that the pool would be permanently closed to community use. The closure has left hundreds of vulnerable individuals without access to warm water therapy that they had come to rely on for many years. Since 2021, a group of pool users has formed a 501(c)(3), Warm Water Wellness, Inc., to advocate for the reopening of the pool. Representatives of the group reached out to the Town Council by email on August 19, 2021, and spoke during Public Comment at the September 27, 2022 Town Council meeting, asking the Town Council to agendize a resolution in support of reopening the pool.

The following cities have adopted resolutions in support of reopening the pool: Atherton, Belmont, Brisbane, Burlingame, Colma, Daly City, East Palo Alto, Foster City, Half Moon Bay, Hillsborough, Menlo Park, Millbrae, Pacifica, San Bruno, San Carlos, San Mateo, and South San Francisco. Should the Town Council adopt the attached resolution, it will be forwarded to Sutter Health’s Chief Executive Officer, Janet Wagner. The content of the attached resolution is based on the template provided by Warm Water Wellness, Inc.

CONCLUSION

Warm Water Wellness, Inc. contacted the Town and provided the resolution template for Town Council consideration. It is recommended that the Town Council review and discuss whether to support the effort through adoption of the attached resolution in support of reopening the Mack E. Mickelson Arthritis and Rehabilitation Center Therapeutic Pool for community use at the Mills Health Center in San Mateo, California.

Item 6 Page 1
Town Council Meeting January 10, 2023

ATTACHMENTS

1. Resolution
Item 6 Page 2
Town Council Meeting January 10, 2023
RESOLUTION NO. 2023 - _____

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE IN SUPPORT OF REOPENING THE MACK E. MICKELSON ARTHRITIS AND REHABILITATION

CENTER THERAPY POOL LOCATED AT THE MILLS HEALTH CENTER IN SAN

MATEO CALIFORNIA
WHEREAS, the Mack E. Mickelson Arthritis and Rehabilitation Center Therapy Pool (“Mickelson Therapy Pool”) is an Americans With Disabilities Act-accessible warm water therapy pool operated by Sutter Health and located at the Mills Health Center, in San Mateo, California; and
WHEREAS, the Mickelson Therapy Pool was constructed over 25 years ago using charitable contributions from residents of San Mateo County; and
WHEREAS, for over 25 years, thousands of residents of San Mateo County who suffered, and many who continue to suffer, from health issues including permanent disabilities, debilitating injuries, autoimmune disorders, surgery, and mobility
impairments, as well as pregnant women, used the Mickelson Therapy Pool to exercise, rehabilitate health issues, and mitigate physical decline; and
WHEREAS, both intervention and prevention are equally
critical components of an equitable and effective healthcare system; and
WHEREAS, Mickelson Therapy Pool’s ability to provide both preventative and interventionist therapies to residents of San Mateo community suffering from health issues makes it an asset to the community at large and even more so to elderly residents and residents with mobility impairments; and
WHEREAS, notwithstanding the COVID-19 pandemic, Sutter
Health, its subsidiaries, and its employees receive significant financial benefits for providing healthcare services in San Mateo County from both public and private contracts; and
WHEREAS, in January 2020, Sutter Health substantially
decreased the hours during which the Mickelson Therapy Pool was accessible to community members who relied upon its availability to maintain their health; and
WHEREAS, in March 2020, as a result of the COVID-19 pandemic, Sutter Health ceased operating the Mickelson Therapy Pool; and Item 6 Page 3
Town Council Meeting January 10, 2023
WHEREAS, in June 2021, Sutter Health publicly announced its intent to permanently close the Mickelson Therapy Pool; and WHEREAS, as a direct result of Sutter Health's decision to close the Mickelson Therapy Pool, residents of San Mateo County who previously relied upon the Mickelson Therapy Pool to treat and prevent significant health issues are now suffering from acute and chronic physical pain and mental anguish which, in turn, decreases the independence of those residents and impacts their ability to live with dignity; and
WHEREAS, over 4,800 patients, caregivers, and community members have signed a petition to reopen the Mickelson Therapy Pool to increase the health, independence, and dignity of those residents who rely upon it; and
WHEREAS, there is also an apparent and growing need for the Mickelson Therapy Pool and the services it provides due to San Mateo County's rapidly increasing number of elderly residents who are highly likely to suffer from the health issues noted above, among others; and
WHEREAS, there are no comparable warm water therapy pools that can adequately accommodate the residents of San Mateo County who previously relied upon the Mickelson Therapy Pool; and WHEREAS, any temporary plan to route former Mickelson Therapy Pool users to another warm water therapy pool outside of San Mateo County will not benefit a significant number of former users with significant mobility impairments that limit those users' abilities to travel; and
WHEREAS, estimates provided by Sutter Health suggest that reopening the Mickelson Therapy Pool with any required repairs or upgrades would cost approximately $250,000.00;
WHEREAS, warm water therapy pools in the region can and do operate profitably and safely under relevant COVID-19
regulations; and
WHEREAS, Peninsula Health Care District, Sequoia Healthcare District, and the County of San Mateo have expressed willingness to assist with the cost of restoring and operating the Mickelson Pool for the benefit of their residents; and
Item 6 Page 4
Town Council Meeting January 10, 2023
WHEREAS, Sutter Health received $853 million in federal funding under the CARES Act, one purpose of which was for “retrofitting facilities” [https://calhospital.org/faqs-federalfunding-general/] such as the Mickelson Therapy Pool, as well as staffing, but claimed that financial considerations and COVID in general justified the facility closure; and
WHEREAS, it has been affirmed by the San Mateo County
Environmental Health Department that “Therapeutic pools were exempt from any closures… [and] have been allowed to provide access during COVID and the present”.

NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Woodside hereby calls upon Sutter Health to promptly reopen the Mack. E. Mickelson Arthritis and Rehabilitation Center Therapy Pool for those community members who have historically relied upon and benefited from the warm water therapy it provided so that they may continue to live health, vibrant, and independent lives.

BE IT FURTHER RESOLVED, that the Town Council of the Town of Woodside urges Sutter Health to take advantage of the offer from the Peninsula Health Care District, Sequoia Healthcare District, and the County of San Mateo to engage in meaningful dialogue regarding funding for repairs and operations so that the pool may be reopened at the earliest possible date.
* * * * * *
Passed and adopted by the Town Council of the Town of
Woodside, California, at a meeting thereof held on the 10th day of January, 2023, by the following vote of the members thereof:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
___________________________________
Mayor of the Town of Woodside
ATTEST:
______________________________
Clerk of the Town of Woodside
Item 6 Page 5
Town Council Meeting January 10, 2023

TOWN OF WOODSIDE
Report to Town Council Agenda Item 7
Prepared by: Melissa Cardinale, Asst to the Town Mgr. January 10, 2023 Approved by: Kevin Bryant, Town Manager
SUBJECT: RESOLUTION DECLARING SATURDAY, MAY 6, 2023, AS MAY DAY AND

REQUESTING APPROVAL FROM THE STATE DEPARTMENT OF

TRANSPORTATION FOR THE WOODSIDE SCHOOL PTA TO HOLD A PARADE AND THE WOODSIDE RECREATION COMMITTEE TO HOLD A “FUN RUN” ON A STATE HIGHWAY.

RECOMMENDATION
It is recommended that the Town Council adopt the attached resolution which declares Saturday, May 6, 2023, as May Day and requests the State Department of Transportation’s permission to hold a parade and fun run on a State Highway.

DISCUSSION
The Woodside School PTA will once again be sponsoring the annual May Day parade on May Day, the first Saturday of May, from 10:00 – 11:30 a.m.

Additionally, the Woodside Recreation Committee sponsors a “Fun Run” on May Day from 8:30 – 9:30 a.m., in tandem with the PTA’s activities.

This year the events will take place on Saturday, May 6 th. The May Day
Parade and Fun Run require the closure of Woodside Road (State Highway 84) from Kings Mountain Road to Cañada Road. The Town coordinates the planning and execution of the required detour with the State and the San Mateo County Sheriff’s Department.

To receive formal permission from CalTrans for these events to take place, the Town Council must first provide its own approvals and subsequently a request will be forwarded to the State for its consideration.

CONCLUSION
It would be appropriate for the Town Council to adopt the attached resolution, granting its approval for the events and requesting approval from the State. Following adoption of the resolution, the Sheriff's Department and CalTrans will be contacted for their approvals.

Attachment

1. Resolution
Item 7 Page 1
Town Council Meeting January 10, 2023
RESOLUTION NO. 2023 –

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE DECLARING SATURDAY, MAY 6, 2023, MAY DAY AND REQUESTING APPROVAL FROM THE STATE

DEPARTMENT OF TRANSPORTATION FOR THE WOODSIDE SCHOOL PTA TO HOLD A PARADE AND THE WOODSIDE RECREATION COMMITTEE TO HOLD A “FUN RUN” ON A

STATE HIGHWAY
WHEREAS, the Parent/Teachers Association of the Woodside School District has requested the Council to designate Saturday, May 6, 2023, as May Day and to procure necessary approval to allow a parade to be held and conducted on May 6, 2023, by said PTA upon a portion of Woodside Road (State Highway Route 84); and
WHEREAS, the Woodside Recreation Committee has requested approval of a Fun Run to be held prior to the parade along a portion of Woodside Road; and
WHEREAS, the Council must secure permission from the Department of Transportation of the State of California before such a parade and run may be held.

NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED AS FOLLOWS:

1. Saturday, May 6, 2023, is hereby declared to be May Day in the Town of Woodside.

2. The Council does hereby grant permission to the PTA of the Woodside School District to hold and conduct a parade and permission to the Woodside Recreation Committee to hold and conduct a Fun Run, on May Day, May 6, 2023, in and upon a portion of Woodside Road (State Route 84) provided that permission therefor is also given by the Department of Transportation of the State of California.

3. The Council does hereby request the Department of
Transportation of the State of California to grant permission to the PTA of said school to hold and conduct a parade between the hours of 10:00 a.m. and 11:30 a.m., and to the Woodside Recreation Committee to hold and conduct a Fun Run between the hours of 8:30 a.m. and 9:30 a.m., in and upon that portion of Woodside Road (State Route 84) between its intersections with Miramontes Road and Cañada Road, all within the territorial limits of the Town of Woodside.

4. The Council does hereby order that the local police will control or detour public traffic as may be necessary for the safe and expeditious movement of public traffic and for the safety of the participants in the parade.

5. Certified copies of this resolution, together with other necessary transmittal documents, are directed to be forwarded to the appropriate State and County offices and officials.
* * * * * *
Item 7 Page 2
Town Council Meeting January 10, 2023
PASSED AND ADOPTED by the Town Council of the Town of Woodside, California, at a meeting thereof held on the 10th day of January 2023, by the following vote of the members thereof:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers:

______________________________ Mayor of the Town of Woodside

ATTEST:
_____________________________
Clerk of the Town of Woodside
Item 7 Page 3
Town Council Meeting January 10, 2023

TOWN OF WOODSIDE
Report to Town Council Agenda Item A_
From: Kevin Bryant, Town Manager January 10, 2023

SUBJECT: ORAL REPORT FROM STAFF/CONSULTANT ON MEETING WITH STATE

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) STAFF

Town Staff and its Housing Element consultant had a meeting with staff of the State Department of Housing and Community Development (HCD) on January 5, 2023. Staff and the Housing Element consultant will provide an oral report on the meeting.

ATTACHMENTS

1. Email from Councilmember Goeld, January 3, 2023
a. “Why new California zoning law hasn’t led to more housing,” Sacramento Bee, January 1, 2023
b. California Housing Starts
Item A Page 1
Town Council Meeting January 10, 2023
From: Paul Goeld
To: Jennifer Wall; Brian Dombkowski; Richard Brown; Chris Shaw; Paul Goeld; Ned Fluet Cc: Kevin Bryant; Town Attorney; Jennifer Li
Subject: Sacramento Bee: Why new California zoning law hasn"t worked Date: Tuesday, January 03, 2023 2:20:34 PM
Attachments: Why new California zoning law hasnt worked.pdf Cal housing starts.pdf
[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.

Two attachments for your consideration.

1. An article from Sunday’s Sacramento Bee that is relevant to Housing Element discussions.

2. A PDF showing a graph of California’s historic housing starts since 1980. I have manually expanded the graph for an additional 10 years and added two red lines showing where California’s HCD is projecting/demanding housing starts. The lower red line represents 1.8 million housing units over eight years; the upper red line represents 2.4 million housing units over eight years. The graph reveals how incredibly unrealistic HCD’s demands are – especially in light of the recession, interest rates, the housing market crash, a stunning reduction in housing starts over the last year, and the lack of building materials and labor.

This information can be included in the Town Council packet or provided as handouts if the Mayor and Town Attorney feel it is appropriate.

Best.

Paul Goeld
Item A Page 2
Town Council Meeting January 10, 2023
Why new California zoning law hasn’t led to more housing California eliminated single-family zoning to encourage more housing. Why it hasn’t worked

BY MAGGIE ANGST
UPDATED JANUARY 01, 2023 4:36 PM
ELIZABETH OLSON PLAYS WITH HER FOUR-YEAR-OLD SON LUCAS IN THEIR BACK YARD EARLIER THIS MONTH. SHE WANTS TO BUILD AN ADDITIONAL UNIT ON THE PROPERTY, ENCOURAGED BY SB 9, BUT HAS NOT BEEN ABLE TO AFFORD THE CONSTRUCTION COSTS. “FINANCIALLY, IT JUST DOESN’T PENCIL OUT RIGHT NOW,” SHE SAID. HECTOR AMEZCUA [email protected]
Elizabeth Olson purchased her ranch-style home on a large corner lot in Sacramento’s South Land Park neighborhood with the dream of building a separate unit on the property for her aging relatives.

A new state law took effect at the start of 2022 making it easier for homeowners like Olson to construct additional units on their single residential lots. Olsen, a single mother who lives with her 4-year-old son Lucas, her aunt and her aunt’s partner, felt like the chips were falling into place.

Nearly a year later, she said she feels farther away than ever from making it happen. After accounting for California’s exorbitant construction costs and interest rates, she estimates that it would take 10 to 15 years to pay off the project — even if she were charging her relatives rent. “Nothing has changed in terms of my desire to do this, but I just haven’t been able to make any progress on it,” Olson said. “Financially, it just doesn’t pencil out right now.” Item A Page 3
Town Council Meeting January 10, 2023
The state does not have centralized data on the number of SB 9 projects that have been proposed or approved. Cities are required to begin reporting such figures starting next year. However, a Sacramento Bee survey found that participation in the Sacramento and Central Valley regions has been low, if existent at all.

The cities of Davis, Stockton, Modesto, Merced and Bakersfield have not received a single application.

Fresno has one. Three applications were submitted in Elk Grove, though one was deemed ineligible because it was located in a designated wetland, which is exempt under the law.

Using state regulations enacted prior to SB 9, the city of Sacramento has successfully encouraged homeowners to build accessory dwelling units (ADUs) on their properties. The city allows up to two ADUs totaling 1,200 square feet on a parcel that already has a primary residential structure. After streamlining the permitting process for the units, the number of ADUs built in the city has doubled in recent years.

But under SB 9, the city has not yet seen the same enthusiasm. Although the city moved to eliminate single-family zoning ahead of the statewide measure, Sacramento homeowners have only submitted 17 applications for lot splits and additional units, of which 13 have preliminary approval. Only one of those applicants has received a building permit but no construction has begun, according to city records.

Experts say narrow interest in the law is due to a combination of factors: high-interest rates and construction costs, regulatory loopholes and efforts by communities to limit the feasibility of small developments.

Lee Ohanian, an economics professor at UCLA and senior fellow at the Hoover Institute, said he doubts that SB 9 will ever become the solution to California’s housing crisis that some had hoped for. “I think the people who had been pushing for this for so long were just glad to get it through,” Ohanian said, “but it really ends up being much ado about nothing.” WHAT IS SB 9, CALIFORNIA’S HOUSING DENSITY LAW?
SB 9, enacted last Jan. 1, spelled the end of single-family zoning in California. It opened the door for the construction of up to four units on lots that were previously limited to a single home. Property owners can split a single-family residential lot into two and add a second home. Used to the fullest extent, the law allows owners to split their lots into two and place duplexes on each portion.

The legislation marked a historic shift from the land use classification that defined the American suburb, born from the mindset that each residential lot should come with a stand-alone home on a peaceful street with plenty of elbow room and green space.

But beneath that suburban idyll were often exclusionary housing practices. In California and across the country, single-family zoning was a means of barring lower-income residents and people of color from living in neighborhoods with good schools and other public services.

In SB 9, supporters saw a promising way to boost the state’s housing stock, curb sprawl and open up communities to those previously excluded. Yet, the “one-size-fits-all” changes stoked fear in homeowners who worried it would lead to falling property values, parking shortages and a diminished neighborhood character.

Item A Page 4
Town Council Meeting January 10, 2023
To overcome the opposition, lawmakers gave localities the power to implement the law using their own “objective design standards” and additional restrictions. They also added a requirement that the homeowner must live in one of the units for at least three years. The mandate, designed to prevent widespread up-zoning by developers, also diminished the pool of eligible applicants.

According to Ohanian, that’s where the problems started. “It was effectively whittled down during negotiations in the Senate to the point where what was passed was the housing equivalent of a footnote,” he said.

A midcentury modern accessory dwelling unit built in Santa Monica in January 2020 is based on a blueprint pre-approved by the city of Los Angeles. The ADU features a studio design with a kitchen and bathroom in 320 square feet. The estimated cost for constructing the design is $120,000 to $147,000, depending on site conditions, options and other factors. Carolyn Cole Los Angeles Times file via TNS

RESTRICTIONS SET BY CITIES INHIBIT STATE LAW
Cities across the state have used the broad leeway baked into the law to impose stricter — and often expensive — requirements that make it more difficult to build.

The most notorious example is the wealthy Silicon Valley city of Woodside, which designated itself a mountain lion sanctuary. Pasadena, in the Los Angeles suburbs, tried to exempt a large portion of the city by declaring the area as a “landmark district.” Both backed down after Attorney General Rob Bonta threatened to take legal action.

California housing and YIMBY (Yes In My Backyard) advocates have found dozens of jurisdictions implementing requirements for parking, open space, height and size, setbacks and affordability designed to circumvent SB 9
The city of Sonoma, for instance, requires homeowners to make one of the units affordable and to pay a housing impact fee. This goes against the conventional practice where cities exempt impact fees on lowincome housing to help make it financially feasible.

Opposition at the local level, along with high inflation and interest rates in 2022, has limited the law’s full potential, according to Matthew Lewis, director of communications for CA Yimby. He hopes that with time and potential tweaks, it will prove more effective. “As interest rates come down and we see the pressure build because of the crushing housing shortage we’re in, I think you’re going to see more and more homeowners say ‘I would like to do this,’ ‘I need to do this’ and ‘I’m going to take advantage of this,’” Lewis said.

Lawmakers have not yet indicated they have any plans to strengthen the legislation.

THE FULL EFFECT OF SB 9 REMAINS TO BE SEEN
The limited effectiveness of SB 9 isn’t necessarily surprising.

Shortly before it was passed, a study by the Terner Center for Housing Innovation at UC Berkeley estimated that just 5.4% of the state’s single-family lots had the potential to be developed under Item A Page 5
Town Council Meeting January 10, 2023
the legislation. At most, it would pave the way for fewer than 700,000 new housing units — not inconsequential but also nowhere near Newsom’s goal of building 3.5 million units by 2025.

Nevertheless, both supporters and critics say that it’s too soon to predict the full effects of the measure.

Opponents of SB 9 initially pushed lawmakers to reject it on the grounds that it would destroy the quality of life in single-family neighborhoods. After the Assembly passed the bill in August 2021, Our Neighborhood Voices, a statewide group, started gathering signatures for a November 2022 ballot initiative aimed at giving communities the power to override state zoning and land-use regulations. The group later withdrew the measure with the intent of bringing it to voters in 2024.

A sign stands in front of a home in Land Park in April 2021, opposing an “upzoning” proposal that was passed by the Sacramento City Council. Senate Bill 9, which passed later in the year, eliminated traditional single-family home zoning statewide, allowing higher density housing to be built on those parcels. Nathaniel Levine Sacramento Bee file
Sachiko Konatsu, president of the Natomas Community Association in Sacramento and a critic of SB 9, said she continues to worry about the negative results of potentially “packing more units into existing single-family neighborhoods.”
“What we do know is that SB 9 cuts out public input, so neighbors will not even be informed about these projects,” Konatsu said.

Sen. Toni G. Atkins, D-San Diego, who authored the bill, said she’s still convinced that SB 9 will offer the “opportunity for measured, gradual change over time.” “At the end of the day, this law is one tool in the toolbox of housing solutions to help create more affordable housing and more generational wealth for California families, and that is going to take time,” Atkins said in a statement.

Building off of SB 9, two new housing laws were passed earlier this year to provide developers with an easier pathway to building on underutilized commercial sites currently occupied by parking lots, big box stores and office space.

As for Olson, she isn’t giving up on her aspirations for two separate units on her property, providing both her and her son and her aunt and aunt’s partner with their own private spaces. And for those who may be opposed to the new law, she welcomes a conversation.
“I think that people consider their own situations exceptional. And then, you know, don’t want to extend that understanding beyond their situation,” Olson said. “It’s not families that are fundamentally going to change the neighborhood, it’s developers.
“And for us, this is really our only shot at sanity.”
This story was originally published December 28, 2022 5:00 AM Item A Page 6
Town Council Meeting January 10, 2023
240,000
270,000
300,000
330,000
Item A Page 7
Town Council Meeting January 10, 2023

TOWN OF WOODSIDE
Report to Town Council Agenda Item B
Prepared by: Melissa Cardinale, Asst to the Town Mgr. January 10, 2023 Approved by: Kevin Bryant, Town Manager
SUBJECT: RESOLUTIONS (1) ADOPTING AN AUTOMATED LICENSE PLATE READER (ALPR) USAGE AND PRIVACY POLICY AND (2) APPROVING AMENDMENT

TWO TO THE AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN

THE COUNTY OF SAN MATEO AND THE TOWN OF WOODSIDE

RECOMMENDATION
Staff recommends that the Council review and adopt the attached draft resolutions which would adopt an Automatic License Plate Reader (ALPR) Usage and Privacy Policy (ALPR Policy) and approve Amendment Two to the Agreement for Law Enforcement Services Between the County of San Mateo and the Town of Woodside in order to implement the use of ALPRs in Woodside.

BACKGROUND
NOTE: This item was continued from the December 13, 2022 Town Council meeting.

On July 26, 2022, the Town Council authorized the Town Manager, upon the successful negotiation of terms, to execute a professional services agreement with Flock Group, Inc. (Flock) to procure up to twenty (20) automatic license plate readers (ALPRs) and associated software, equipment, and support services. The staff report for the July 26, 2022 meeting is at https://bit.ly/3EZsV2j. Since that time, staff and Councilmember Wall have successfully negotiated contract terms with Flock (Attachment 1). With the conclusion of those negotiations, the Council is now asked to review and approve the ALPR Policy attached to this staff report as Attachment 2. Public review of the Policy is required by California Civil Code Section 1798.90.55 (Attachment 3).

DISCUSSION
Summary of Agreement for Professional Services with Flock Below is a summary of the terms of the contract with Flock (Attachment 1).

1. Term: Initial Term – 1 year
Extended Term – up to 4 additional years

2. Compensation: Initial Term – $61,000
Extended Term – $52,500 per year

3. Services Provided by Flock: Flock will provide a software and hardware solution for automatic license plate readers (ALPRs) through Flock’s technology platform to enable the capture of Item B Page 1
Town Council Meeting January 10, 2023
still images of vehicles including the make, color, license plate, roof racks and bumper stickers (Footage). Town, through its contract for law enforcement services with the San Mateo County Sheriff’s Office, has agreed to provide the Sheriff’s Office with access to the Footage to view, search, and archive the Footage and to receive notifications via email or SMS to facilitate gathering of evidence for use in bona fide law enforcement investigations.

Flock will also provide Town with a Transparency Portal dashboard which will allow Town to share policies, usage, and public safety outcomes related to ALPR technology in an effort to promote transparency and return on investment by providing access to usage policies, usage statistics, search audit reports, solved crime information, and additional data points in a customizable online portal. Town will control the type of information shared publicly through the Transparency Portal.

4. Installation and Maintenance: Flock will install and maintain a maximum of twenty (20) ALPRs at Town designated locations in the Town right-of-way and remove this equipment at the expiration of the contract.

5. Operation of the ALPR System: The ALPRs will operate 24 hours a day, 7 days per week, and 365 days per year. ALPRs shall not be installed and used in areas where there is a reasonable expectation of privacy, such as on private property not readily visible from public right of ways, and shall not be used to harass, intimidate, or discriminate against any individual or group.

6. Deletion of Footage: Flock will delete Footage older than thirty (30) days. Exception: Footage subject to court ordered retention.

7. Audit: Flock will provide Town with the capability and tools to conduct audit assessments including but not limited to network audit trails and the Transparency Portal, to ensure the Sheriff’s Office is complying with the Town’s Automated License Plate Reader Usage and Privacy Policy.

8. Insurance and Indemnity: Flock will maintain insurance in the standard amounts required by the Town for all professional service providers and will indemnify, defend and hold the Town harmless from claims made as result of its services.

9. Dispute Resolution: Flock and the Town will engage in mediation of any and all disputes arising during the term of the contract.

If disputes cannot be resolved by mediation, litigation may be filed. Venue for litigation is San Mateo County.

Automated License Plate Reader (ALPR) Usage and Privacy Policy At the June 14, 2022 Town Council meeting, the Town Council reviewed a draft ALPR Policy and determined that the ALPR Policy should not be Item B Page 2
Town Council Meeting January 10, 2023
finalized until a contract with a vendor was finalized so as to ensure that the contract with the ALPR vendor and the Town’s ALPR Policy would be in alignment.

With terms now finalized for the contract with Flock Group, Inc., the Town Council is asked to provide an opportunity for public input on the draft policy and to adopt the resolution approving the ALPR Policy shown in Attachment 2. The ALPR Policy’s terms align with the Flock contract (Attachment 1). Since the December 13, 2022 Town Council meeting, staff has revised the ALPR Policy to include additional requirements for data audits and annual reporting. The San Mateo County Sheriff’s Office and the San Mateo County Counsel have reviewed this draft ALPR Policy and have no suggested changes.

There are three specific provisions in the draft ALPR Policy on which staff seeks input from Council:

1. Sharing of Data:

The draft Policy at Section 8 provides that the Sheriff is authorized to share Town ALPR Data with other law enforcement agencies defined as “an agency charged with maintaining public safety and enforcing federal law or California law.” Staff has made repeated inquires to the San Mateo County Sheriff’s Office to determine which agencies they routinely share information with. The only information that they have given us is that they share with “local county and municipal law enforcement in the Bay Area.” Town Council direction is needed on whether it wishes to define the agencies that the Town’s information will be shared with in a more specific way. A representative from the Sheriff’s Office will be attending the meeting and the Town Council can ask additional questions of the Sheriff’s Office on their practices.

2. Retention Period:

The Town’s contract with Flock provides that ALPR Data will be retained for thirty (30) days. This is the standard retention period offered by Flock for its customers. The contract provides for longer retention periods if the ALPR Data is needed for a pending criminal investigation or a court order compels a longer retention period. The Town Council can, if it wishes, instruct that the standard retention period be greater than thirty (30) days.

3. Locations of ALPR cameras:

The map, attached as Attachment A to the draft ALPR Policy, shows 20 proposed locations identified by Flock’s deployment specialist who has analyzed solar feasibility for each location. The proposed locations, all of which are in the public right of way, are as follows:

1. Cañada Road @ Palm Circle Road – Southbound

2. Jefferson Avenue @ W California Way – Westbound
Item B Page 3
Town Council Meeting January 10, 2023

3. Farm Hill Boulevard @ 280 – Northbound

4. Woodside Drive @ Fernside Street – Westbound

5. Harcross Road @ Fernside Street – Westbound

6. Woodside Road @ Northgate Drive – Eastbound

7. High Road @ Woodside Road – Northbound

8. Northgate Drive @ Woodside Road – Southbound

9. Stockbridge Avenue @ Alameda de las Pulgas – Westbound

10. Whiskey Hill Road @ Sand Hill Road – Northbound

11. Portola Road @ Hayfields Road – Northbound

12. La Honda Road @ Friars Lane – Northbound

13. Kings Mountain Road @ Josselyn Lane – Southbound

14. Woodside Road @ Hobart Heights Road – Westbound

15. Cañada Road @ Runnymede Road – Northbound

16. Jefferson Avenue @ Cañada Road – Northbound

17. Farm Hill Boulevard @ 280 – Eastbound

18. Whiskey Hill Road @ Woodside Road – Southbound

19. Sand Hill Road @ Whiskey Hill Road – Westbound

20. Woodside Road @ 280 – Eastbound
Transparency Portal
California Civil Code Sections 1798.90.5-1798.90.55 (Attachment 3) outline the requirements for collection of ALPR Data. California Civil Code Section 1798.90.51 requires agencies collecting ALPR Data or accessing ALPR Data to publish their privacy and usage policies.

Specifically, such policies shall be available to the public in writing and posted conspicuously on their website. To meet this state law requirement, Flock will provide the Town with a Transparency Portal dashboard on which the Town will share its ALPR Policy, usage information, including usage statistics, search audit reports, solved crime information, and additional data points to provide transparency regarding the ALPR program.

Amendment Two to the Agreement for Law Enforcement Services Between the County of San Mateo and the Town of Woodside
It was additionally noted at the June 14, 2022 Town Council meeting that the Agreement for Law Enforcement Services with the Sheriff’s Office would need to be reviewed for compliance with the Town’s ALPR Policy. Amendment Two to the Agreement for Law Enforcement Services Between the County of San Mateo and the Town of Woodside is attached for the Town Council’s review. See Attachment 4. This amendment provides for the Sheriff’s Office to access and utilize Town data pursuant to the Town’s ALPR Policy. The San Mateo County Sheriff’s Office and the San Mateo County Counsel have also reviewed this Amendment Two and have no suggested changes.

CONCLUSION
Staff requests that the Council approve the draft ALPR Policy or, in the alterative, provide amended language to be included in the ALPR Policy. Once approved, Flock will move forward with installation of the ALPR cameras at the twenty (20) locations show in Exhibit A to the Policy.

Item B Page 4
Town Council Meeting January 10, 2023
Staff also recommends approval of Amendment Two to the Agreement for Law Enforcement Services Between the County of San Mateo and the Town of Woodside in order to govern the terms and conditions pursuant to which sworn officers of the San Mateo County Sheriff’s Office will be allowed access to the Town’s ALPR Data.

ATTACHMENTS

1. Professional Services Agreement for Automatic License Plate Reader Equipment/Data Collection Between Flock Group, Inc. and the Town of Woodside

2. Draft Resolution Adopting Automated License Plate Reader (ALPR) Usage and Privacy Policy

3. California Civil Code Sections 1798.90.5-1798.90.55

4. Draft Resolution Approving Amendment Two to the Agreement for Law Enforcement Services Between the County of San Mateo and the Town of Woodside
Item B Page 5 Town Council Meeting January 10, 2023
1 PROFESSIONAL SERVICES AGREEMENT
FOR

AUTOMATIC LICENSE PLATE READER EQUIPMENT/DATA COLLECTION This Agreement is made and entered into as of the date of the last signature below (the “Effective Date”) by and between the Town of Woodside hereinafter called “Agency” and Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 hereinafter called “Flock”.

RECITALS
This Agreement is entered into with reference to the following facts and circumstances:

WHEREAS, Flock will provide to Agency a software and hardware solution for automatic license plate readers through Flock’s technology platform (the “Flock Services”), and upon detection, the Flock Services will enable the capture of still images including vehicular attributes, such as make, color, license plate, roof rack, and bumper stickers (“Footage”), and can provide Notifications (as defined in Exhibit A) to Agency; WHEREAS, Agency Authorized End User (as defined in Exhibit A) desires access to the Flock Services on Flock provided Flock Hardware (as defined in Exhibit A ) in order to view, search and archive Footage and receive Notifications; WHEREAS, Flock deletes all Footage (as defined in Exhibit A) on a rolling thirty (30) day basis. Agency Authorized End User is responsible for extracting, downloading and archiving Footage on its own storage devices for auditing purposes; WHEREAS, Agency has adopted an Automated License Plate Reader (“ALPR”) Usage and Privacy Policy (“Agency Policy”) and Flock shall provide Flock Services and Footage in compliance with that Agency Policy;
WHEREAS, Flock desires to provide Agency the Flock Services and any access thereto, subject to the terms and conditions of this Agreement and the Agency Policy, and solely to facilitate the gathering of evidence that could be reasonably used in a bona fide, lawful criminal investigation by an appropriate government agency (“Permitted Purpose”);
WHEREAS, in an effort to promote transparency regarding ALPR technology, Flock will provide Agency with a Transparency Portal dashboard to allow Agency to share policies, usage, public safety outcomes, search audit reports, solved crime information, and additional data points with the public in a customizable online portal; WHEREAS, the Agency contracts with the County of San Mateo for law enforcement services to be provided by the San Mateo County Sheriff’s Office and intends, through this Agreement, to provide the San Mateo County Sheriff access to Item B Page 6 Town Council Meeting January 10, 2023
ATTACHMENT 1
2 Footage as an Agency Authorized End User, subject to compliance with the Agency Policy; and
WHEREAS, the Agency has elected to engage the services of Flock upon the terms and conditions as hereinafter set forth.

1. Flock Services. Flock Services to be performed under this Agreement shall include only those services set forth in Exhibit A, which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.

Performance of the work specified in said Exhibit A is hereby made an obligation of Flock under this Agreement, subject to any changes that may be made subsequently hereto upon amendment to the Agreement.

Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.

2. Term; Termination.
(a) The Initial Term of this Agreement shall commence upon the Effective Date and shall expire one year from the Effective Date (“Initial Term”).

Upon written notice given to Flock no later than thirty (30) days prior to the expiration of the Initial Term, Agency shall have the option to extend the Initial Term of the Agreement for a period no less than one (1) year but no more than four (4) years (“Extended Term”).
(b) Notwithstanding the provisions of (a) above, during the Initial Term or Extended Term, Agency or Flock may terminate this Agreement without cause by giving written notice not less than ten (10) days prior to the effective date of termination, which date shall be included in said notice. If Agency terminates this Agreement pursuant to this paragraph, it shall be responsible for a one-time removal fee of $500 per Flock Hardware.

Termination by Flock pursuant to this paragraph will not result in any removal fees. Upon termination, a refund will be provided for Flock Hardware, prorated for any fees for the remaining Term length set forth previously. Upon termination pursuant to this paragraph, Flock shall remove all Flock Hardware, within a commercially reasonable period of time upon termination. Nothing herein contained shall be deemed a limitation upon the right of Agency to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to Agency hereunder.
(c) In the event of any material breach of this Agreement, the non-breaching party may terminate this Agreement prior to the end of the Initial Term or Extended Term by giving thirty (30) days prior written notice to the breaching party; provided, however, that this Agreement will not terminate Item B Page 7
Town Council Meeting January 10, 2023
3 if the breaching party has cured the breach prior to the expiration of such thirty (30) day period. Either party may terminate this Agreement, without notice, (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. Upon termination, Flock will refund to Agency a pro-rata portion of the pre-paid fees for Flock Services not received due to such termination.

3. Compensation; Expenses; Payment. Agency shall compensate Flock for Flock Services performed by Flock hereunder in an amount based upon Flock’s rates during the time of the performance. A copy of Flock’s rates are set forth in Flock’s fee schedule marked Exhibit B hereof, attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder for the Initial Term shall not exceed the sum sixty-one thousand one-hundred dollars ($61,100) unless the performance of Flock Services and/or reimbursement of costs and expenses in excess of said amounts have been approved by Agency in writing and in advance of Flock’s performance or the incurring of such costs and expenses. The combined total of annual compensation and reimbursement of costs payable hereunder during an Extended Term shall not exceed fifty-two thousand five-hundred dollars ($52,500).

Compensation and reimbursement of costs and expenses hereunder shall be payable per the terms outlined in Exhibit A. In the event that the Flock Services are discontinued pursuant to Paragraph 2(b), above, or due to breach by either party, Agency shall compensate Flock based on a prorating of the fees due under the Fee Schedule through the date of the termination of Flock Services. Any advance payment made by Agency to Flock in excess of the prorated fee due shall be returned to Agency within sixty (60) days of the termination.

4. Additional Flock Services. In the event Agency desires the performance of additional services not otherwise described in Exhibit A, such additional services shall be authorized in advance of the performance thereof by the Agency council via resolution and added to Exhibit A via amendment to the Agreement. Such amendment to this Agreement shall include a description of the additional services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such additional services. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

Item B Page 8
Town Council Meeting January 10, 2023
4 5. Records. Flock shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to Flock Services. Said records shall be available to Agency for review and copying during regular business hours at Flock’s place of business or as otherwise agreed upon by the parties.

6. Intentionally Left Blank.

7. Reliance on Professional Skill of Flock. Flock represents and warrants that it has the necessary professional skills to perform its obligations under the Agreement and the Agency shall rely on such skills of Flock to do and perform the work in accordance with industry standards. In performing Flock Services hereunder Flock shall adhere to the standards generally prevailing for the performance of services similar to those to be performed by Flock hereunder.

8. Intentionally left blank.

9. Relationship of Parties. It is understood that the relationship of Flock to the Agency is that of an independent contractor and all persons working for or under the direction of Flock are its agents or employees and not agents or employees of the Agency.

10. Schedule. Flock shall adhere to the schedule set forth in Exhibit A; provided, that Agency may grant reasonable extensions of time for performance delays of Flock Services occasioned by unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Flock’s officers, employees, subcontractors or third-party service providers.

Flock acknowledges the importance to Agency of Agency’s project schedule and agrees to put forth its best professional efforts to perform Flock Services under this Agreement in a manner consistent with that schedule.

11. Indemnity. To the fullest extent allowed by law, Flock hereby agrees to defend, indemnify, and hold harmless Agency, its council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions, liability, loss, damage, expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, Agency, its council, boards, commissions, officers, employees or agents caused by, or alleged to have been caused by: (i) Flock’s breach of the Agreement or (ii) the negligence, intentional tortuous act or omission, or Item B Page 9
Town Council Meeting January 10, 2023
5 willful misconduct of Flock, its officers, employees, subcontractors or agents in the performance of any services or work pursuant to this Agreement.

The duty of Flock to indemnify and hold harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require Flock to indemnify Agency, its council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

Flock’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.

The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.

12. Insurance. Flock shall acquire and maintain Workers’ Compensation, employer’s liability, commercial general liability, owned and non-owned and hired automobile liability, and professional liability insurance coverage relating to Flock’s services to be performed hereunder covering Agency’s risks in form subject to the approval of the Agency attorney and/or Agency’s risk manager. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event, shall be as follows:

Insurance Category Minimum Limits
Workers’ Compensation statutory minimum
Employer’s Liability $1,000,000 per accident for bodily injury or disease
Commercial General Liability $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury,
personal injury and property damage
Automobile Liability $1,000,000 per accident for bodily injury and property damage (coverage required
to the extent applicable to Flock’s vehicle
usage in performing services hereunder)
Professional Liability $1,000,000 per claim and aggregate It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance Item B Page 10 Town Council Meeting January 10, 2023
6 coverage requirements and/or limits shall be available to the Agency as an Additional Insured. Furthermore, the requirements for coverage and limits shall be the greater of either (1) the minimum coverage and limits specified in this Agreement or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured.

Flock agrees to include with all subcontractors in their subcontracts the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor’s work. Subcontractors hired by Flock shall agree to be bound to Flock and Agency in the same manner and to the same extent as Flock is bound to Agency under this Agreement and its accompanying documents. Subcontractors shall further agree to include these same provisions with any sub-subcontractors. A copy of the indemnity and insurance provisions of this Agreement will be furnished to the Subcontractor upon request. Flock shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the subcontract agreement and will provide proof of compliance to the Agency prior to commencement of any work by the subcontractor.

Concurrently with the execution of this Agreement, to be included as Exhibit C hereto, Flock shall, on the Model Insurance Coverage form provided with Exhibit C or similar form, furnish Agency with certificates and copies of information or declaration pages of the insurance required hereunder and, with respect to evidence of commercial general liability and automobile liability insurance coverage, original endorsements:
(a) Precluding cancellation or reduction in per occurrence limits before the expiration of thirty (30) days (10 days for nonpayment) after Agency shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail;
(b) Naming the Town of Woodside, its council, officers, boards, commissions, employees, and agents, as additional insureds; and (c) Providing that Flock’s insurance coverage shall be primary insurance with respect to Agency, its council, officers, boards, commissions, employees, and agents, and any insurance or self-insurance maintained by Agency for itself, its council, officers, boards, commissions, employees, or agents shall be in excess of Flock’s insurance and not contributory with it. Flock and its insurer may not seek contribution from Agency’s insurance or self-insurance.

Item B Page 11 Town Council Meeting January 10, 2023
7 The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency, to the extent required by this Agreement, before the Agency’s insurance or self-insurance may be called upon to protect Agency as a named Insured.

All self-insured retentions (SIR) must be disclosed to Agency for approval and shall not reduce the limits of liability coverage. Policies containing and SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Flock/Named Insured or Agency.

Agency reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Any and all Subcontractors shall agree to be bound to Flock and Agency in the same manner and to the same extent as Flock is bound to Agency under this Agreement. Subcontractors shall further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, in any agreement with sub-subcontractors to the extent that they apply to the scope of the sub-subcontractor’s work. A copy of the indemnity and insurance provisions of this Agreement shall be furnished to any subcontractor upon request.

Flock shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service. In the event Flock fails to obtain or maintain completed operations coverage as required by this Agreement, the Agency at its sole discretion may purchase the coverage required and the cost will be paid by Flock.

13. Workers' Compensation. Flock certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake selfinsurance in accordance with the provisions of that Code, and Flock certifies that it will comply with such provisions before commencing the performance of the work of this agreement.

14. Non-Discrimination. Flock will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Flock will take affirmative action to insure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, advancement, demotion, Item B Page 12 Town Council Meeting January 10, 2023
8 transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Flock shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. Flock agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the Agency setting forth the provisions of this non-discrimination clause.

15. Notice. 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 to the addresses shown below.

FLOCK NOTICES ADDRESS:
1170 Howell Mill Road, NW Suite 210
Atlanta, GA 30318
ATTN: Legal Department
EMAIL: [email protected]
AGENCY NOTICES ADDRESS:

Town of Woodside
2955 Woodside Road
Woodside CA, 94062
ATTN: Town Manager
EMAIL: [email protected]

16. Non-Assignment. This Agreement is not assignable, transferable or sublicensable by either party, without prior written consent. Notwithstanding the foregoing, either party may assign this Agreement, without the other party's consent to any affiliate.

17. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.

18. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

19. Governing Law. This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

Item B Page 13 Town Council Meeting January 10, 2023
9 20. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement, and each party shall bear its own legal costs.

21. Conflict of Interest. Flock may serve other clients, but none who are active within the Town of Woodside or who conduct business that would place Flock in “a conflict of interest" as that term is defined in State law.

22. Entire Agreement. This Agreement, including Exhibits A, B, and C comprise the entire Agreement.

23. Compliance With Laws. The parties agree to comply with all applicable local, state, and federal laws, regulations, policies, and ordinances and their associated record retention schedules, including when responding to any subpoena request(s). In the event Flock is legally compelled to comply with a judicial order, subpoena, or government mandate, to disclose ALPR Data, Flock will provide Agency with notice as required in Exhibit A, Section 4.1.

24. 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.

25. Publicity. Upon prior written consent from Agency, Flock has the right to reference and use Agency’s name and trademarks and disclose the nature of the Flock Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock’s website.

26. Export. Agency 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 agency or authority. As defined in Federal Acquisition Regulation (“FAR”), section 2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant Item B Page 14 Town Council Meeting January 10, 2023
10 with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock System. Consistent with DFAR section 227.7202 and FAR section

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

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

28. Authority. Each of the 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.

29. Survival. The following Sections of Exhibit A will survive termination: 2.5,

2.6, 3, 4, 5, 7.3, 7.4, 8.2, and 8.3.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

TOWN OF WOODSIDE
Dated: _________________________________
By: Kevin Bryant, Town Manager
ATTEST:

Dated: ________________________________
Jennifer Li, Town Clerk

APPROVED AS TO FORM
Dated: ________________________________
Jean Savaree, Town Attorney
Item B Page 15 Town Council Meeting January 10, 2023
11 FLOCK GROUP, INC.

Dated: _ _________________________________
Mark Smith, General Counsel
Item B Page 16 Town Council Meeting January 10, 2023
12 EXHIBIT A

SCOPE OF WORK AND SCHEDULE
FOR

AUTOMATIC LICENSE PLATE READER EQUIPMENT/DATA COLLECTION For clarity, references made in this Exhibit A to provisions of the Agreement are referred to as “Paragraphs” and the internal references to sections of this Exhibit A are referred to as “Sections.”

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth in the Agreement.

1.1 “ALPR Data” means the content obtained through the Flock Services, including the Footage metadata, such as time stamp and geolocation of the camera, as well as who has accessed records, search history, and any other auditable data collected by the Flock Hardware or used by the Embedded Software used to store, index, and access the information gathered.

1.2 “Agency Authorized End User” means the San Mateo County Sherriff’s Office, including duly sworn officers.

1.3 Intentionally left blank.

1.4 “Aggregated Data” means information that relates to a group or category of individuals, from which any potential individuals’ personal identifying information has been permanently “anonymized” by commercially available tools to irreversibly alter data in such a way that a data subject (i.e., individual person or impersonal entity) can no longer be identified directly or indirectly.

1.5 Intentionally left blank.

Item B Page 17 Town Council Meeting January 10, 2023
13 1.6 “Deployment Plan” means the specific geographic mapping of the location(s) and implementation of Flock Hardware, and/or other relevant Flock Services required under this Agreement.

1.7 “Documentation” means text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Flock Services which are provided by Flock to Agency in accordance with the terms of this Agreement.

1.8 “Embedded Software” means the software and/or firmware embedded or preinstalled on the Flock Hardware.

1.9 Intentionally left blank.

1.10 “Flock Hardware” means the Flock cameras or device, pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services.

1.11 “Flock IP” means the Flock Services, the Documentation, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its Agency Authorized End User in connection with the foregoing.

1.12 Intentionally left blank.

1.13 Intentionally left blank.

1.14 Intentionally left blank.

1.15 “Flock Services” means the provision, via the Web Interface, of certain Flock software applications for the collection of ALPR Data as defined herein, alerts, Item B Page 18 Town Council Meeting January 10, 2023
14 searching image records, and sharing Footage subject to the terms of this Agreement and the Agency Policy.

1.16 “Footage” means still images and other data, including vehicular attributes such as make, color, license plate, roof rack, and bumper stickers, captured by the Flock Hardware in the course of and provided via the Flock Services.

1.17 “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 Crime Information Center (NCIC), Department of Motor Vehicles (DMV), and local Be on the Lookouts (BOLOs) 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.

1.18 “Implementation Fee(s)” means the monetary fees associated with the Installation Services, as defined in Section 1.19 below.

1.19 “Installation Services” means the services provided by Flock for installation of Flock Hardware, including any applicable installation of Embedded Software.

1.20 “Non-Agency End User(s)” means third-party customers of Flock authorized to use their Flock Services through the Web Interface subject to rights and obligations materially similar to this Agreement. For the avoidance of doubt, Non-Agency End Users may include schools, neighborhood homeowner associations, businesses and individual customers of Flock.

Item B Page 19 Town Council Meeting January 10, 2023
15 1.21 “Notifications” means alerts send via Electronic Mail (E-mail) or Short Message/Messaging Service (SMS) to all Agency Authorized End User through the Flock Services based on Hotlists hits.

1.22 “Support Services” means Monitoring Services, as defined in Section 2.10 below.

1.23 “Usage Fee” means the subscription fees to be paid by the Agency for ongoing access to Services.

1.24 “Web Interface” means the website(s) or application(s) through which Agency and its Agency Authorized End User can access the Flock Services, in accordance with the terms of this Agreement.

1.25 Intentionally left blank.

1.26 Intentionally left blank.

1.27 Intentionally left blank.

1.28 Intentionally left blank.

2. FLOCK SERVICES AND SUPPORT

2.1 Provision of Access to Flock Services. Subject to the terms of this Agreement, Flock hereby grants to Agency and Agency Authorized End User a non-exclusive, nontransferable right to access the features and functions of the Flock Services via the Web Interface during the Initial Term and any Extended Term. The Footage will be available for Agency’s designated administrator, listed on the Order Form, and Agency Authorized End User to access and download via the Web Interface for thirty (30) days.

Agency Authorized End User’s employees must sign up for an account and select a unique password and username (“User ID”) in order to access the Flock Services. Flock will provide Agency with the Documentation to be used in accessing and using the Flock Item B Page 20 Town Council Meeting January 10, 2023
16 Services. Agency shall be responsible for all acts and omissions of Agency Authorized End User, and any act or omission by an Agency Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make Agency Authorized End User aware of the provisions of this Agreement as applicable to such Authorized End User’s use of the Flock Services and shall cause Agency Authorized End User to comply with such provisions. Flock may subcontract with 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 coverages. Warranties provided by said subcontractors will be passed along to Agency. Agency agrees to comply with any reasonable acceptable use policies and other terms of any subcontractor that are provided or otherwise made available to Agency.

2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, non-exclusive, non-transferable, non-sublicensable (except to the Agency Authorized End User), revocable right to use the Embedded Software as installed on the Flock Hardware; in each case, solely as necessary for Agency and its Agency Authorized End User to use the Flock Services.

2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, non-transferable right and license to use the Documentation during the Term in connection with its use of the Flock Services as contemplated herein, and under Section 2.5 below.

2.4 Transparency Portal. Flock will provide Agency with a Transparency Portal dashboard to allow Agency to share policies, usage, and public safety outcomes related to ALPR technology in an effort to promote transparency and return on investment by providing access to usage policies, usage statistics, search audit reports, solved crime Item B Page 21 Town Council Meeting January 10, 2023
17 information, and additional data points in a customizable online portal. Agency shall control the type of information shared publicly through the Transparency Portal. Data and statistics related to the performance of the Flock Services accessible through the Transparency Portal shall update automatically. Flock shall ensure that the Transparency Portal remains accessible and provides up-to-date information related to the performance of the Flock Services, with only reasonable temporary service interruption, during the Term of this Agreement.

2.5 Usage Restrictions.

2.5.1 Flock IP. Agency will 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 any of the Flock IP; (vi) use the Flock Services, Support Services, Flock Hardware, Documentation, or the Flock IP 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, Agency’s rights under Sections 2.1, 2.2, 2.3, or 2.4.

2.5.2. Flock Hardware. Agency understands that Flock Hardware is owned exclusively by Flock, and that title to any Flock Hardware does not pass to Agency upon execution of this Agreement. Agency is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware.

Notwithstanding the notice and cure period set for in Paragraph 2(c) of the Agreement, Item B Page 22 Town Council Meeting January 10, 2023
18 Agency agrees and understands that in the event Agency is found to engage in any of the restricted actions of this Section 2.5.2, Flock may immediately suspend Agency’s access to Flock IP.

2.6 Retained Rights; Ownership. As between the parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title, and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. There are no implied rights.

2.7 Suspension.

2.7.1 Service Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency’s and Agency Authorized End User’s access to any portion or all of the Flock IP if Flock reasonably determines that (a) Agency has taken impermissible control of Flock IP; (b) Agency’s or Agency Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Agency or Agency Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Agency or Agency Authorized End User is utilizing the Flock Services for anything other than the Permitted Purpose (“Flock Service Suspension”).

2.7.2 Flock Services Interruption. Flock Services may be interrupted in the event that: (a) Flock’s provision of the Flock Services to Agency or Agency Authorized End User is prohibited by applicable law; (b) any third-party services required for Flock Services are interrupted; (c) if Flock reasonably believes Flock 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 ) there is scheduled or emergency maintenance (“Flock Services Interruption”). Flock will make commercially reasonable Item B Page 23 Town Council Meeting January 10, 2023
19 efforts to provide written notice of any Flock Services Interruption to Agency and to provide updates regarding resumption of access to Flock Services. Flock will use commercially reasonable efforts to resume providing access to the Flock Services as soon as reasonably possible after the event giving rise to the Flock Services Interruption is cured. To the extent not caused by a breach of the Agreement, Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Agency or Agency Authorized End User may incur as a result of a Flock Services Interruption. To the extent that the Flock Services Interruption is not caused by Agency’s direct actions or by the actions of parties associated with the Agency, at the Agency’s sole express option, the expiration of the Initial Term or any extended Term may be tolled by the duration of the Flock Services Interruption (for any continuous suspension lasting at least one full day) prorated for the proportion of cameras on the Agency’s account that have been impacted. For example, in the event of a Flock Services Interruption lasting five (5) continuous days, Agency will receive a credit for five (5) free days at the end of the Term.

2.8 Installation Services.

2.8.1 Designated Locations. For installation of Flock Hardware, prior to performing the physical installation of the Flock Hardware, Flock shall advise Agency on the location and positioning of the Flock Hardware for optimal license plate image capture, as conditions and location allow. Flock may consider input from Agency regarding location, position, and angle of the Flock Hardware (“Designated Location”) and collaborate with Agency to design the Deployment Plan confirming the Designated Locations. Agency shall agree to all Designated Locations prior to the installation of Flock Hardware and Flock shall not install Flock Hardware in any other locations. Flock shall not be required to install Flock Hardware in any location it reasonably deems to be non-viable based on solar availability, LTE coverage, utilities lines, or other site specific Item B Page 24 Town Council Meeting January 10, 2023
20 circumstances. Flock shall have final discretion on location of Flock Hardware. After installation, any subsequent changes to the Deployment Plan (“Reinstalls”) may incur a charge based on Flock’s then-current list price for Reinstalls, as listed in the thencurrent Reinstall policy (available at https://www.flocksafety.com/reinstall-fee-schedule) and any applicable equipment fees. For clarity, Agency will receive prior notice and provide written approval for any such fees. These changes include but are not limited to re-positioning, adjusting of the mounting, re-angling, removing foliage, replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like. Flock shall have full discretion on whether to reinstall Flock Hardware, subject to Agency approval of any changes to the location(s) of the Flock Hardware.

2.8.2 Agency Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the Installation Services. Although Flock Hardware is designed to utilize solar power, certain Designated Locations may require a reliable source of 120V or 240V AC power. In the event adequate solar power is not available, Agency is solely responsible for costs associated with providing a reliable source of 120V or 240V AC power to Flock Hardware. Flock will provide solar options to supply power at each Designated Location. If Agency refuses recommended solar options, Agency waives any reimbursement, tolling, or credit for any suspension period of Flock Services for the period that Agency does not provide an adequate power source at the site. Additionally, Agency is solely responsible for (i) any permits or associated costs, and managing the permitting process of installation of cameras or AC power; (ii) any federal, state, or local taxes including property, license, privilege, sales, use, excise, gross receipts, or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Flock Hardware, its use (excluding tax exempt entities), and (iii) any other Item B Page 25 Town Council Meeting January 10, 2023
21 supplementary costs in connection with installation of the Flock Hardware, including but not limited to contractor licensing, engineered drawings, rental of specialized equipment, or vehicles, third-party personnel (i.e. Traffic Control Officers, Electricians, State DOT-approved poles, etc., if necessary), such costs to be approved by the Agency (“Agency Installation Obligations”). Agency 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 tests in connection with such installation.

2.8.3 Flock’s Obligations. Installation Services shall be installed in a workmanlike manner in accordance with Flock’s standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are confirmed. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Following the initial installation of the Flock Hardware and any subsequent Reinstalls or maintenance operations, Flock’s obligation to perform installation work shall cease; however, for the sole purpose of validating installation, Flock will continue to monitor the performance of Flock Hardware for the length of the Initial Term and any Extended Term and will receive access to the Footage for a period of seven (7) business days after the initial installation for quality control and to provide any necessary maintenance.

Labor may be provided by Flock or a third-party.

2.8.4 Ownership of Flock Hardware. Flock Hardware shall remain the property of Flock and will be removed upon the natural expiration of this Agreement at no additional cost to Agency. Agency shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Agency unreasonably default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Item B Page 26 Town Council Meeting January 10, 2023
22 Flock’s rights to any damages Flock may sustain as a result of Agency’s default and Flock shall have the right to enforce any other legal remedy or right.

2.9 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock’s price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, and toxic or flammable substances. In the event any such hazardous materials are discovered in the Designated Locations in which Flock is to perform Flock Services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless.

2.10 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or functionality of the Flock Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Flock Services or the Designated Locations (“Monitoring Services”).

Flock will use commercially reasonable efforts to respond to requests for support. Flock will provide Agency with reasonable technical and on-site support and maintenance services (“On-Site Services”) in-person or by email at [email protected], at no additional cost.

2.11 Special Terms. Intentionally left blank.

2.12 Upgrades to Platform. Subject to the terms of this Agreement, Flock may, in its sole discretion, make any upgrades to its system or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock’s products or services to its agencies, (b) the competitive strength of, or market for, Flock’s products Item B Page 27 Town Council Meeting January 10, 2023
23 or services, (c) such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.

3. RESTRICTIONS AND RESPONSIBILITIES

3.1 Agency Obligations. If necessary, Flock will assist Agency Authorized End User in the creation of unique Flock User IDs. Agency Authorized End User may have existing Flock User IDs and may access Flock Services provided under this Agreement using those existing Flock User IDs. Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Agency will, at its own expense, provide assistance to Flock, including, but not limited to, reasonable access to, and use of, Agency facilities, as well as assistance from Agency personnel to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services.

3.2 Agency Representations and Warranties. Agency represents and warrants that Agency will use the Flock Services only in compliance with this Agreement and all applicable laws and regulations. Although Flock has no obligation to monitor Agency’s use of the Flock Services, Flock may do so and may prohibit any use of the Flock Services it believes may be (or alleged to be) in violation of the foregoing.

3.3. Flock Representations and Warranties. Flock represents and warrants that Flock will provide the Flock Services 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 video, photo, or audio content. Flock shall not use the Flock Hardware to capture any images or data not explicitly included in the definition of ALPR Data under this Agreement.

Item B Page 28 Town Council Meeting January 10, 2023
24 4. CONFIDENTIALITY; AGENCY DATA

4.1 Confidentiality. To the extent allowable by applicable FOIA and state-specific Public Records Acts, each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Flock includes non-public information regarding features, functionality, and performance of the Flock Services. Proprietary Information of Agency may include, and is not limited to, non-public data provided by Agency to Flock or collected by Flock via the Flock Hardware to enable the provision of the Flock Services. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Receiving Party takes with its own proprietary information, but in no event will a Receiving Party apply less than reasonable precautions to protect such Proprietary Information, and (ii) not to use (except as explicitly permitted herein) or divulge to any third party 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 when required by law pursuant to a judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure and an opportunity to contest such order. For clarity, 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 to comply with court order. Prior to disclosing to a third party any Agency Item B Page 29 Town Council Meeting January 10, 2023
25 Propriety Information, Flock shall provide Agency reasonable notice of the pending disclosure, which shall include a description of the data or information to be disclosed and the legal requirement(s) compelling the disclosure. Flock may store deleted Footage in order to comply with certain legal obligations such as court orders. In the event Flock receives a court order for Footage, Flock will provide Agency with reasonable notice to provide Agency with ability to seek a protective order and/or other legal remedies to minimize the scope of required disclosure. Notwithstanding the foregoing, all disclosures of Footage by Flock shall be consistent with the Agency Policy and any disclosure of Footage in conflict with the provisions of the Agency Policy shall be considered a material breach of this Agreement.

4.2 ALPR Data. As between Flock and Agency, all right, title, and interest in the ALPR Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, non-exclusive, royalty-free, worldwide, revocable license to (i) use the ALPR Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2.10 above, and a nonexclusive, worldwide, royalty-free, fully paid license to use, reproduce, modify, display, and distribute the ALPR Data, but only as Aggregated Data, (ii) disclose Footage to law enforcement Non-Agency End Users, pursuant to the Permitted Purpose, enable law enforcement monitoring for elected law enforcement Hotlists as well as provide Footage search access to law enforcement for investigative purposes only, and (iii) obtain Aggregated Data as set forth below in Section 4.5. As between Agency and NonAgency End Users that have access to Footage, each of Agency and Non-Agency End Users will share all right, title, and interest in the Non-Agency End User data. This Agreement does not by itself make any Non-Agency End User data the sole property or the Proprietary Information of Agency. Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day window to view, save and/or transmit Footage to the relevant Non-Agency End User prior to its deletion. Flock does not own Item B Page 30 Town Council Meeting January 10, 2023
26 ALPR Data and represents and warrants that it shall not sell ALPR Data to any third party. Further, Flock shall not share, copy, repurpose or transfer ALPR Data, except as provided herein, without Agency consent.

4.3 Retention Period. Flock shall provide a standard retention period for all Footage which shall be thirty (30) calendar days.

4.4 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations, or other information relating to Flock IP, Agency hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title, and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

4.5 Aggregated Data. Flock shall have the right to create Aggregated Data to perform and improve the Flock Services, including the training of machine learning algorithms with Aggregated Data. Agency hereby grants Flock a non-exclusive, worldwide, royaltyfree right (during and after the Initial Term and any Extended Term) to use and distribute such Aggregated Data to improve the Flock Services and other Flock offerings, including for development, diagnostic and corrective purposes. The parties understand that the aforementioned license is required for continuity of Flock Services.

No rights or licenses are granted except as expressly set forth herein. Flock represents and warrants that it does not sell Aggregated Data. Further, Flock shall not share, copy, repurpose or transfer Aggregated Data, except as provided herein, without Agency consent.

4.6 Audit. Flock will provide Agency and Agency Authorized End User with the capability and tools to conduct audit assessments via the Flock Service, including but not limited to network audit trails and the Transparency Portal, to ensure compliance by Agency Authorized End User.

Item B Page 31 Town Council Meeting January 10, 2023
27 5. PAYMENT OF FEES

5.1 Intentionally left blank.

5.2 Fees. For Falcon products during the Term (as defined in Paragraph 2 of the Agreement), Agency will pay Flock fifty percent (50%) of the Initial Term Fees as set forth in Exhibit B to the Agreement on or before the 30th day following receipt of initial invoice after Effective Date. Upon commencement of Installation Services, Flock will issue an invoice for twenty-five percent (25%) of total fees, and Agency shall pay on or before 30th day following receipt of invoice. Upon completion of installation, Flock will issue an invoice for the remaining balance and Agency shall pay on or before 30th day following receipt of final invoice. For an Extended Term, as defined in Paragraph 2 of this Agreement, Agency shall pay the entire invoice on or before the 30th day following receipt of invoice.

5.2 Notice of Changes to Fees. Flock reserves the right to change the fees or applicable charges and to institute new charges and fees on subsequent terms (commencing more than four years after the expiration of the Initial Term) by providing sixty (60) days’ notice prior to the end of such Initial Term or Extended Term (as applicable) to Agency (which may be sent by email if receipt is acknowledged by Agency).

5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for invoices must be received by Flock thirty (30) days after the receipt of invoice. If Agency is a non-tax-exempt entity, Agency shall be responsible for all taxes associated with services other than U.S. taxes based on Flock’s net income. If Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Agency acknowledges and agrees that a failure to contact Flock within this sixty (60) day period Item B Page 32 Town Council Meeting January 10, 2023
28 will serve as a waiver of any claim Agency may have had as a result of such billing error.

6. HOTLIST SHARING

6.1 Hotlist Sharing. Subject to the Agency Policy, and in addition to the Flock Services to be provided for the Term pursuant to this Agreement, Flock will provide Agency Authorized End Users with complimentary access to Hotlist alerts, as further described in Section 4.2 (“Hotlist Sharing”). In the event a Non-Agency End User grants Agency access to Footage and/or Notifications from a Non-Agency End User, Agency will have access to Non-Agency End User Footage and/or Notifications until deletion, subject to a thirty (30) day retention policy for all Footage. Flock may, in its sole discretion, provide access or immediately terminate the Hotlist Sharing. Flock, in its sole discretion, can determine to impose a price per Hotlist Sharing upon agreement by Agency. Should Agency not agree to the proposed fee, Flock may discontinue the Hotlist Sharing.

Agency may terminate any Hotlist Sharing or access to future Hotlist Sharing upon thirty (30) days’ notice.

7. REMEDY; WARRANTY AND DISCLAIMER

7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Agency must notify Flock’s technical support at the email address shown in Section 2.10 above. If Flock is unable to correct the Defect, Flock shall, or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Flock reserves the right in its sole discretion to determine the best remedy for a Defect after it has inspected and tested the affected Flock Hardware provided that such inspection and test shall occur within a commercially reasonable time, but no longer than seven (7) business days after Agency notifies Flock of a Defect.

In the event of a Defect, Flock will repair or replace the defective Flock Hardware at no additional cost to Agency. Absent a Defect, in the event that Flock Hardware is lost, Item B Page 33 Town Council Meeting January 10, 2023
29 stolen, or damaged, Agency may request that Flock replace the Flock Hardware at a fee according to the then-current Reinstall policy (https://www.flocksafety.com/reinstall-feeschedule). Agency shall not be required to replace subsequently lost, damaged, or stolen Flock Hardware, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen Flock Hardware and that Flock will have no liability to Agency regarding such affected functionality nor shall the Fees owed to Flock be impacted.

7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 if the Defect was caused by Agency’s misuse of Flock Hardware or Service.

7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to provide and maintain the Flock Services in a manner which minimizes errors and interruptions in the Flock Services and shall perform the Installation Services in a professional and workmanlike manner. Flock 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 of any scheduled service disruption.

7.4 Disclaimer. FLOCK DOES NOT WARRANT THAT THE FLOCK 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 FLOCK SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE FLOCK 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.

Item B Page 34 Town Council Meeting January 10, 2023
30 7.5 Intentionally left blank.

7.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, and supply chain shortages of equipment or supplies.

8. LIMITATION OF LIABILITY; HOTLIST SHARING; INDEMNITY

8.1 Limitation of Liability. SUBJECT TO THE INDEMNITY REQUIREMENTS OF

THE AGREEMENT BUT NOTWITHSTANDING ANYTHING ELSE TO THE

CONTRARY, FLOCK AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL

HARDWARE AND TECHNOLOGY SUPPLIERS), 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 ERROR OR INTERRUPTION OF USE OR FOR LOSS OR

INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR

COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR
TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR REASONABLE CONTROL

INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE PURSUANT TO THE PROCESS DESIGNATED IN SECTION 4.1, ABOVE; (E) FOR PREVENTING, SOLVING, OR ELIMINATING CRIME; OR (F) FOR ANY AMOUNTS Item B Page 35 Town Council Meeting January 10, 2023
31 THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS,

EXCEED THE FEES PAID AND/OR PAYABLE BY AGENCY 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 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE OF CALIFORNIA.

8.2 Hotlist Sharing Limitation of Liability. IN NO EVENT SHALL FLOCK’S

AGGREGATE LIABILITY, IF ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY HOTLIST SHARING AS DESCRIBED IN SECTION 6.1 EXCEED $100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN

CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Parties acknowledge and agree that the essential purpose of this Section 8.2 is to allocate the risks under the Hotlist Sharing described in Section 6.1 and limit potential liability given the aforementioned complimentary service, which would have been substantially higher if Flock were to assume any further liability other than as set forth herein. Flock has relied on these limitations in determining whether to provide the complementary Hotlist Sharing. The limitations set forth in this Section 8.2 shall not apply to claims or damages resulting from Flock’s other obligations under this Agreement.

8.3 Responsibility. Each party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, agents, and subcontractors in connection with the performance of their official duties under this Agreement.
/FlockAgencyNoticeAddress1/
/
Item B Page 36 Town Council Meeting January 10, 2023
32 EXHIBIT B
FLOCK’S FEE SCHEDULE
Name Price QTY Subtotal
Flock Falcon Camera $2,500.00 20.00 $50,000.00
Professional Services - Falcon, Standard
Implementation
$350.00 16.00 $5,600.00
Professional Services - Falcon/Sparrow, Advanced
Implementation
$750.00 4.00 $3,000.00
Flock Safety Advanced Search <25 Falcons $2,500.00 1.00 $2,500.00 (Includes one-time fees)
Initial Term Fees Total: $61,100.00
Extended Term Annual Fees Total:
$52,500.00
Item B Page 37 Town Council Meeting January 10, 2023
33 EXHIBIT C

INSURANCE FORMS
Flock shall provide Certificates of Insurance and original Endorsement affecting the coverages specified in Paragraph 12 - INSURANCE of the Agreement on the attached form. No substitute form will be accepted.

ATTACHED

1. Model Insurance Coverage Form
Item B Page 38 Town Council Meeting January 10, 2023
34 EXHIBIT C – Model Insurance Certificate
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured:_________________________________________ Effective Work Date(s):___________________ Description of Work/Locations/Vehicles:______________________________________________________________ ADDITIONAL INSURED: Town of Woodside (Agency)
2955 Woodside Road
Woodside, CA 94062
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply)
Insurer Policy
No.
☐ General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note:

MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
☐ Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers. ☐ Other:

Certificates of Insurance Required (no endorsement needed) (Check all that apply)
Insurer Policy
No.
☐ Workers Compensation: work performed by employees of the Named Insured while those employees are engaged in work under the simultaneous directions and control of the Named Insured and the Additional Insured. ☐ Professional Liability:

PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.

SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer’s limit of liability.

PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.

CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non-payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.

WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the Agency, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the Agency.

Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, ___________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company. ________________________________________________________________________________________________________ SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: ___________________________________________ TITLE: _____________________________________ ADDRESS: _____________________________________________________________________________________________ TELEPHONE: ( )____________________ DATE ISSUED:________________________________________ Item B Page 39 Town Council Meeting January 10, 2023
RESOLUTION NO. 2023 - _____

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE ADOPTING AN

AUTOMATED LICENSE PLATE READER (ALPR) USAGE AND PRIVACY POLICY WHEREAS, the Town will be entering into an agreement with Flock Group, Inc. to provide the Town with a software and hardware solution for automatic license plate readers (ALPRs) through Flock’s technology platform; and
WHEREAS, the Town desires to implement an Automated License Plate Reader (ALPR) Usage and Privacy Policy; and
WHEREAS, California Civil Code Section 1798.90.55 requires that a public agency that operates or intends to operate an ALPR system shall provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program; and
WHEREAS, the Town Council provided an opportunity for public comment regarding the Automated License Plate Reader (ALPR) Usage and Privacy Policy at both its regularly scheduled meetings on June 14, 2022 and January 10, 2023.

NOW, THEREFORE, BE IT RESOLVED, that:

The Town Council of the Town of Woodside hereby adopts the Automated License Plate Reader (ALPR) Usage and Privacy Policy attached hereto as Exhibit A and instructs that it be posted on the Town’s website and on the Transparency Portal to be implemented and accessible to the public.
* * * * * *
Passed and adopted by the Town Council of the Town of Woodside, California, at a meeting thereof held on the 10th day of January, 2023, by the following vote of the members thereof:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
___________________________________
Mayor of the Town of Woodside
ATTEST:

Item B Page 40 Town Council Meeting January 10, 2023
ATTACHMENT 2
______________________________
Clerk of the Town of Woodside
Item B Page 41 Town Council Meeting January 10, 2023
1 DRAFT
Automated License Plate Reader (ALPR) Usage and Privacy Policy

1. Purpose
The Town of Woodside (the “Town”) owns and authorizes the use of Automated License Plate Readers (ALPR) at fixed locations within the Town, as shown on Attachment A, for law enforcement and public safety purposes as described herein.

ALPRs use high speed cameras to capture still images of vehicles including the make, color, license plate, roof racks and bumper stickers (Footage). Town, through its contract for law enforcement services with the San Mateo County Sheriff’s Office, has agreed to provide the Sheriff’s Office with access to the Footage to view, search, and archive the Footage and to receive notifications via email or SMS to facilitate gathering of evidence for use in bona fide law enforcement investigations.

California Civil Code section 1798.90.51 requires public agencies operating ALPRs to adopt and implement a usage and privacy policy in order to ensure that the collection, use, maintenance, sharing, and dissemination of information collected by ALPRs protects individual privacy and civil liberties. Consistent with the state law mandate, the Town has adopted this Automatic License Plate Reader Usage and Privacy Policy (“Policy”) to regulate the use, management, and retention of ALPRs and ALPR Data which includes the Footage metadata, such as time stamp and geolocation of the cameras as well as who has accessed records, search history, and any other auditable data collected or used to store, index, and access the information. This Policy is available to the public in writing and posted on the Town’s website.

2. Definitions
A. “Aggregated Data” means information that relates to a group or category of individuals, from which any potential individuals’ personal identifying

TOWN OF WOODSIDE
2955 Woodside Road
Woodside, CA 94062
Phone: (650) 851-6790
www.woodsidetown.org
Item B Page 42 Town Council Meeting January 10, 2023
2 information has been permanently “anonymized” by commercially available tools to irreversibly alter data in such a way that a data subject (i.e., individual person or impersonal entity) can no longer be identified directly or indirectly.

B. “Automated License Plate Reader (ALPR)” means the technology, also known as License Plate Recognition, which provides still images and other data, including vehicular attributes such as make, color, license plate, roof rack, and bumper stickers, captured by the ALPR System.

C. “ALPR Data” means the content obtained by an ALPR, including the Footage metadata, such as time stamp and geolocation of the camera, as well as who has accessed records, search history, and any other auditable data collected by the software system or used in the Embedded Software used to store, index, and access the information gathered by an ALPR.

D. “ALPR System” means the ALPR hardware and software including cameras or device, pole, clamps, solar panel, installation components, and any other physical elements used for the capture, retention, indexing, accessing, and utilizing ALPR Data.

E. “Embedded Software” means the software and/or firmware embedded or preinstalled on the ALPR System.

F. “Flock Group, Inc.” means the vendor who will provide to the Town a software and hardware solution for ALPRs through Flock Group Inc.’s technology platform.

G. “Footage” means still images and other data, including vehicular attributes such as make, color, license plate, roof rack, and bumper stickers, captured by the ALPR System in the course of and provided via the services provided by Flock Group, Inc.

H. “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 Crime Information Center (NCIC), Department of Motor Vehicles (DMV), and local Be on the Lookouts (BOLOs) 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.

Item B Page 43 Town Council Meeting January 10, 2023
3 I. “Law Enforcement Agency” refers to an agency charged with maintaining public safety and enforcing federal law or California law.

J. “Notifications” means alerts sent via Electronic Mail (E-mail) or Short Message/Messaging Service (SMS) to the Sheriff’s officers through the ALPR System based on Hotlists hits.

K. “Requisite Training” means training and education conducted by the Sheriff before access to the Town’s ALPR Data is provided and thereafter annually on ALPR Data protection and authorized and prohibited uses. Training in the use of the system shall consist of:

1. Privacy and civil liberties protections;

2. Legal authorities, developments and issues involving the use of ALPR data and technology;

3. Current Sheriff policy regarding appropriate use of ALPR systems;

4. Technical, physical, administrative and procedural measures to protect the security of ALPR data against unauthorized access or use;

5. Practical exercises in the use of the ALPR system; and

6. All training and updates provided by Lexipol.

L. “Sheriff” means the San Mateo County Sheriff’s Office and its sworn officers or authorized staff.

M. “Town” means the Town of Woodside, California.

N. “Town Council” means the Town Council of the Town of Woodside, California.

O. “Town Manager” means the official representative of the Town or his duly authorized agent.

3. Authorized Purposes and Prohibited Uses
Use of the Town ALPR System will take place 24 hours a day, 7 days per week, and 365 days per year within the Town of Woodside, with ALPR Data captured at the locations identified on Attachment A. Town ALPRs shall not be used in areas where there is a reasonable expectation of privacy, such as on private property not readily visible from public right of ways, and shall not be used to harass, intimidate, or discriminate against any individual or group.

ALPR Data captured by Town ALPRs will only be used for the following purposes:

Item B Page 44 Town Council Meeting January 10, 2023
4 a. To assist in identifying and investigating crimes against persons and property;
b. To locate missing children, adults, and/or elderly individuals, including in response to Amber Alerts and Silver Alerts;
c. To locate stolen, wanted, and/or other vehicles that are the subject of an investigation;
d. To assist in gathering evidence to identify, apprehend, and prosecute criminal offenders;
e. To respond to emergency events;
f. To locate and/or apprehend individuals subject to arrest warrants; g. To locate victims, witnesses, and suspects associated with an investigation; h. To check, either manually or automated, for license plate data appearing on active Hotlists.

Any ALPR Data obtained from Town ALPRs shall be used pursuant to this Policy and applicable state and federal law. All other uses not referenced above are prohibited. Possession of ALPR Data does not negate the need to comply with other applicable laws or regulations including the requirement to obtain a search warrant when legally required.

4. Data Storage and Protection
ALPR Data collected by ALPRs is automatically uploaded to the ALPR System’s associated cloud storage at the time of capture. Cloud storage and server capacity is provided for and maintained by Flock Group, Inc. as a part of its scope of services. The Town Manager shall review and confirm at least annually to the Town Council in writing that Flock Group, Inc. has installed and implemented appropriate security measures for such storage including encryption, firewalls, authentication, and other reasonable data protection measures.

ALPR Data will not be downloaded to a local server, stored locally on a hard drive or portable device, or produced in a physical printout, except authorized Sheriff personnel may download ALPR Data for local storage or printout for authorized purposes stated herein. ALPR Data may not otherwise be downloaded for any other purpose.

Downloaded, copied, and printed ALPR Data will be maintained in accordance with applicable law, including state and federal evidentiary laws. Additionally, the Sheriff shall implement physical security, encryption, firewalls, authentication, and other reasonable security measures to protect ALPR Data, including all ALPR Data downloaded to the mobile workstation or in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date, and time.

Item B Page 45 Town Council Meeting January 10, 2023
5 5. ALPR Data Access
Access to ALPR Data is restricted to sworn officers or authorized staff of the Sheriff, who may download and store ALPR Data, but only for the purposes listed in Section 3 above and subject to all conditions, restrictions, and protections of this Policy.

The Town contracts with Flock Group, Inc. for the provision, operation, and maintenance of the ALPR System. Notwithstanding the foregoing, one or more employees of the Town may have access to the ALPR system for the sole purpose of facilitating and ensuring the use of the ALPR system in coordination with Flock Group, Inc.). Flock Group, Inc.’s access to data collected by ALPRs is limited to access required to operate and improve the ALPR System, in which case only anonymized and Aggregated Data may be accessed and used by Flock Group, Inc.

In addition to this Policy, the Sherriff’s personnel shall observe and comply with all applicable internal or departmental ALPR policies and any additional guidelines and regulations that are in place governing ALPRs.

6. ALPR Data Retention
ALPR Data will not be stored by the ALPR System beyond thirty (30) days from the date it was uploaded to the cloud system except when lawfully required to by a subpoena, court order or associated ongoing investigation.

ALPR Data that is downloaded and stored pursuant to Section 5 above shall be deleted and purged no later than six (6) months from the date it was downloaded for local storage, unless the ALPR Data thereafter becomes associated with a criminal investigation or prosecution for any of the authorized purposes identified in Section 3 above. In the latter case, the ALPR Data shall be purged no later than one (1) year from the date the criminal investigation no longer remains active or the ongoing prosecution for which it was retained is resolved.

7. ALPR Data Public Access
ALPR Data will not be made public unless required by state or federal law or by court order. Prior to disclosing to a third party any ALPR Data, Flock Group, Inc. shall provide the Town with reasonable notice to provide the Town with ability to seek a protective order and/or other legal remedies to minimize the scope of required disclosure. If a California Public Records Act request for ALPR Data is received by the Town or the Town becomes aware of such request to the Sheriff, the Town Attorney’s Office will be consulted to determine whether the requested Item B Page 46 Town Council Meeting January 10, 2023
6 ALPR Data is exempt from disclosure pursuant to the California Public Records Act or other state or federal law provisions.

8. Third-Party ALPR Data-Sharing
The Town, Flock Group, Inc., and the Sheriff shall maintain robust security procedures and practices, including operational, administrative, technical, and physical safeguards to protect ALPR Data from unauthorized access, destruction, use, modification, or disclosure.

The Sheriff is authorized to share ALPR Data in the following limited circumstances upon a lawful request from:
● a California District Attorney's Office for use as evidence to aid in prosecution, in accordance with laws governing evidence; ● a California Public Defender's Office or criminal defense attorney in accordance with applicable criminal discovery laws;
● a California Law Enforcement Agency, but only for an Authorized Purpose listed in Section 3 above and subject to all conditions, restrictions, and protections of this Policy.

9. Law Enforcement Training
ALPR Data may only be accessed by authorized Sheriff personnel pursuant to Section 5 and who have undergone Requisite Training. Prior to sharing ALPR Data with any other Law Enforcement Agency, the Sheriff shall ensure that the receiving Law Enforcement Agency is aware of and will comply with the conditions, restrictions, and protections of this Policy.

10. ALPR Maintenance
The Town or Flock will regularly inspect and adequately maintain the ALPR equipment in proper working order and will ensure that the ALPR System continues to function as provided for in this Policy.

11. ALPR Data Audits and Annual Reporting
A. Quarterly Reports
On a quarterly basis, the Town Manager will make a report to the Town Council which includes a data audit from the Sheriff. In order to prepare this report, the Sheriff shall randomly select at least ten detection browsing inquiries conducted Item B Page 47 Town Council Meeting January 10, 2023
7 by Sheriff employees since the date of activation of the ALPRs and determine if each inquiry meets the requirements established in this Policy.

The report shall include any data errors or Policy violations found so that such errors can be corrected and violations addressed. Additionally, the report shall include an evaluation of the system's efficacy, including relevant crime statistics and/or data to help the community assess whether use of the technology is beneficial. After the quarterly review by the Town Council, the report and any associated documentation shall be filed and retained according to the Town of Woodside’s retention policies.

B. Annual Reports
Commencing twelve (12) months following first activation of the ALPRs, and annually thereafter, the Sheriff will prepare an annual report for submission to the Town Council. The annual report will include, at a minimum:
i. A summary of the quarterly reports including any corrective action taken, excluding any confidential disciplinary information prohibited by law from disclosure.
ii. The number of fixed ALPR cameras.
iii. The number of scanned license plates.
iv. The number of Hotlist hits or alerts.
v. The number of search queries and the justification for such queries. vi. The number of investigative leads generated by use of ALPR Data. vii. The number of witnesses located by use of ALPR Data. viii. The number of stolen vehicles recovered by use of ALPR Data. ix. The number of suspects apprehended by use of ALPR Data. x. A list of Law Enforcement Agencies that accessed or received ALPR Data.
xi. The approved and unapproved ALPR Data requests from third parties reference in Section 8.

Item B Page 48 Town Council Meeting January 10, 2023
8 ATTACHMENT A
Map of Locations of ALPRs
Item B Page 49 Town Council Meeting January 10, 2023
9 1. Cañada Road @ Palm Circle Road – Southbound

2. Jefferson Avenue @ W California Way – Westbound

3. Farm Hill Boulevard @ 280 – Northbound

4. Woodside Drive @ Fernside Street – Westbound

5. Harcross Road @ Fernside Street – Westbound

6. Woodside Road @ Northgate Drive – Eastbound

7. High Road @ Woodside Road – Northbound

8. Northgate Drive @ Woodside Road – Southbound

9. Stockbridge Avenue @ Alameda de las Pulgas – Westbound

10. Whiskey Hill Road @ Sand Hill Road – Northbound

11. Portola Road @ Hayfields Road – Northbound

12. La Honda Road @ Friars Lane – Northbound

13. Kings Mountain Road @ Josselyn Lane – Southbound

14. Woodside Road @ Hobart Heights Road – Westbound

15. Cañada Road @ Runnymede Road – Northbound

16. Jefferson Avenue @ Cañada Road – Northbound

17. Farm Hill Boulevard @ 280 – Eastbound

18. Whiskey Hill Road @ Woodside Road – Southbound

19. Sand Hill Road @ Whiskey Hill Road – Westbound

20. Woodside Road @ 280 – Eastbound
Item B Page 50 Town Council Meeting January 10, 2023
Code: Select Code Section: 1 or 2 or 1001 Search
1798.90.5.
1798.90.51.

Up^ Add To My Favorites

CIVIL CODE - CIV
DIVISION 3. OBLIGATIONS [1427 - 3273.16] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.16] ( Part 4 enacted 1872. ) TITLE 1.81.23. COLLECTION OF LICENSE PLATE INFORMATION [1798.90.5 - 1798.90.55] ( Title 1.81.23 added by Stats. 2015, Ch. 532, Sec. 3. )
The following definitions shall apply for purposes of this title:
(a) “Automated license plate recognition end-user” or “ALPR end-user” means a person that accesses or uses an ALPR system, but does not include any of the following:
(1) A transportation agency when subject to Section 31490 of the Streets and Highways Code. (2) A person that is subject to Sections 6801 to 6809, inclusive, of Title 15 of the United States Code and state or federal statutes or regulations implementing those sections, if the person is subject to compliance oversight by a state or federal regulatory agency with respect to those sections. (3) A person, other than a law enforcement agency, to whom information may be disclosed as a permissible use pursuant to Section 2721 of Title 18 of the United States Code. (b) “Automated license plate recognition information,” or “ALPR information” means information or data collected through the use of an ALPR system.
(c) “Automated license plate recognition operator” or “ALPR operator” means a person that operates an ALPR system, but does not include a transportation agency when subject to Section 31490 of the Streets and Highways Code.
(d) “Automated license plate recognition system” or “ALPR system” means a searchable computerized database resulting from the operation of one or more mobile or fixed cameras combined with computer algorithms to read and convert images of registration plates and the characters they contain into computer-readable data. (e) “Person” means any natural person, public agency, partnership, firm, association, corporation, limited liability company, or other legal entity.
(f) “Public agency” means the state, any city, county, or city and county, or any agency or political subdivision of the state or a city, county, or city and county, including, but not limited to, a law enforcement agency. (Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.) An ALPR operator shall do all of the following:
(a) 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.
(b) (1) Implement a usage and privacy policy in order to ensure that the collection, use, maintenance, sharing, and dissemination of ALPR information is consistent with respect for individuals’ privacy and civil liberties. The usage and privacy policy shall be available to the public in writing, and, if the ALPR operator has an Internet Web site, the usage and privacy policy shall be posted conspicuously on that Internet Web site. (2) The usage and privacy policy shall, at a minimum, include all of the following:
(A) The authorized purposes for using the ALPR system and collecting ALPR information.

Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Item B Page 51 Town Council Meeting January 10, 2023
ATTACHMENT 3
1798.90.52.
1798.90.53.
(B) A description of the job title or other designation of the employees and independent contractors who are authorized to use or access the ALPR system, or to collect ALPR information. The policy shall identify the training requirements necessary for those authorized employees and independent contractors. (C) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws.
(D) The purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to other persons.
(E) The title of the official custodian, or owner, of the ALPR system responsible for implementing this section. (F) A description of the reasonable measures that will be used to ensure the accuracy of ALPR information and correct data errors.
(G) The length of time ALPR information will be retained, and the process the ALPR operator will utilize to determine if and when to destroy retained ALPR information. (Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.) If an ALPR operator accesses or provides access to ALPR information, the ALPR operator shall do both of the following:
(a) Maintain a record of that access. At a minimum, the record shall include all of the following:
(1) The date and time the information is accessed.
(2) The license plate number or other data elements used to query the ALPR system. (3) The username of the person who accesses the information, and, as applicable, the organization or entity with whom the person is affiliated.
(4) The purpose for accessing the information.
(b) Require that ALPR information only be used for the authorized purposes described in the usage and privacy policy required by subdivision (b) of Section 1798.90.51. (Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.) An ALPR end-user shall do all of the following:
(a) 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.
(b) (1) Implement a usage and privacy policy in order to ensure that the access, use, sharing, and dissemination of ALPR information is consistent with respect for individuals’ privacy and civil liberties. The usage and privacy policy shall be available to the public in writing, and, if the ALPR end-user has an Internet Web site, the usage and privacy policy shall be posted conspicuously on that Internet Web site. (2) The usage and privacy policy shall, at a minimum, include all of the following:
(A) The authorized purposes for accessing and using ALPR information. (B) A description of the job title or other designation of the employees and independent contractors who are authorized to access and use ALPR information. The policy shall identify the training requirements necessary for those authorized employees and independent contractors. (C) A description of how the ALPR system will be monitored to ensure the security of the information accessed or used, and compliance with all applicable privacy laws and a process for periodic system audits. (D) The purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to other persons.
(E) The title of the official custodian, or owner, of the ALPR information responsible for implementing this section.

Item B Page 52 Town Council Meeting January 10, 2023
1798.90.54.
1798.90.55.
(F) A description of the reasonable measures that will be used to ensure the accuracy of ALPR information and correct data errors.
(G) The length of time ALPR information will be retained, and the process the ALPR end-user will utilize to determine if and when to destroy retained ALPR information. (Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.) (a) In addition to any other sanctions, penalties, or remedies provided by law, an individual who has been harmed by a violation of this title, including, but not limited to, unauthorized access or use of ALPR information or a breach of security of an ALPR system, may bring a civil action in any court of competent jurisdiction against a person who knowingly caused the harm. (b) The court may award a combination of any one or more of the following:
(1) Actual damages, but not less than liquidated damages in the amount of two thousand five hundred dollars ($2,500).
(2) Punitive damages upon proof of willful or reckless disregard of the law. (3) Reasonable attorney’s fees and other litigation costs reasonably incurred. (4) Other preliminary and equitable relief as the court determines to be appropriate. (Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.) Notwithstanding any other law or regulation:
(a) A public agency that operates or intends to operate an ALPR system shall provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program.
(b) A public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law. For purposes of this section, the provision of data hosting or towing services shall not be considered the sale, sharing, or transferring of ALPR information. (Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.) Item B Page 53 Town Council Meeting January 10, 2023
RESOLUTION NO. 2023 - _____

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE APPROVING

AMENDMENT TWO TO THE AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN

THE COUNTY OF SAN MATEO AND THE TOWN OF WOODSIDE
WHEREAS, on July 1, 2021, the Town and County entered into an Agreement for the performance of the agreed upon law enforcement services within its boundaries by the County through the Sheriff; and
WHEREAS, on July 1, 2022, Amendment One to the Agreement was approved which incorporated the FY 2022-23 Rates and Payments set forth in Exhibit B to the Agreement; and
WHEREAS, the Town has contracted with Flock Group, Inc. (“Flock”) for the provision of automated license plate readers (“ALPRs”) to be installed within the jurisdiction of the Town; and WHEREAS, the Town has adopted an Automated License Plate Reader (ALPR) Usage and Privacy Policy which governs the use of the ALPRs installed, or to be installed in the Town, and the access, use, and retention of data collected by those ALPRS; and WHEREAS, the Town wishes to make data collected by the ALPRs installed by Flock available to sworn officers of the San Mateo County Sheriff’s Office for authorized purposes enumerated in the Town’s Policy; and
WHEREAS, both parties wish to further amend the Agreement to include “Exhibit C – ALPR System Use” and “Exhibit C-1 – Town of Woodside Automated License Plate Reader (ALPR) Usage and Privacy Policy.”
NOW, THEREFORE, BE IT RESOLVED, that:

The Town Council of the Town of Woodside hereby approves and authorizes the Mayor to execute Amendment Two to the Agreement for Law Enforcement Services Between the County of San Mateo and the Town of Woodside.
* * * * * *
Passed and adopted by the Town Council of the Town of Woodside, California, at a meeting thereof held on the 10th day of January, 2023, by the following vote of the members thereof:

Item B Page 54 Town Council Meeting January 10, 2023
ATTACHMENT 4
AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
___________________________________
Mayor of the Town of Woodside
ATTEST:
______________________________
Clerk of the Town of Woodside
Item B Page 55 Town Council Meeting January 10, 2023
AMENDMENT NO. 2 | AGREEMENT FOR LAW ENFORCEMENT SERVICES San Mateo County Sheriff’s Office | Town of Woodside
1 AMENDMENT TWO

TO THE AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN

THE COUNTY OF SAN MATEO AND THE TOWN OF WOODSIDE
This SECOND AMENDMENT to the Agreement for Law Enforcement Services, dated for reference purposes only as of October 31, 2022, is made between the Town of Woodside, hereinafter referred to as “Town” and the County of San Mateo, State of California, hereinafter referred to as “County.”

W I T N E S S E T H
WHEREAS, on July 1, 2021, the Town and County entered into an Agreement (Resolution No. 078295) for the performance of the agreed upon law enforcement services within its boundaries by the County through the Sheriff; and
WHEREAS, Resolution No. 078295 authorizes the Sheriff or Sheriff’s designee to accept or execute notices, documents, and amendments associated with this Agreement; and WHEREAS, on July 1, 2022, Amendment One to the Agreement was approved which incorporated the FY 2022-23 Rates and Payments set forth in Exhibit B; and WHEREAS, the Town has contracted with Flock Group, Inc. (“Flock”) for the provision of Automated License Plate Readers (“ALPRs”) to be installed within the jurisdiction of the Town; and WHEREAS, the Town has adopted an Automated License Plate Reader (ALPR) Usage and Privacy Policy (“Town Policy”), which governs the use of the ALPRs installed, or to be installed in the Town, and the access, use, and retention of data collected by those ALPRs; and WHEREAS, the Town wishes to make data collected by the ALPRs installed by Flock available to sworn officers of the San Mateo County Sheriff’s Office for Authorized Purposes enumerated in the Town’s Policy; and
WHEREAS, both parties wish to further amend the Agreement to include “Exhibit C - ALPR System Use” and “Exhibit C-1 – Town of Woodside Automated License Plate Reader (ALPR) Usage and Privacy Policy.”
NOW, THEREFORE, IT IS HEREBY AGREED as follows:

1. “Exhibit C - ALPR System Use”, is hereby added to the Agreement, attached hereto and incorporated herein by reference.

2. “Exhibit C-1 – Town of Woodside Automated License Plate Reader (ALPR) Usage and Privacy Policy” is hereby added to the Agreement, attached hereto, and incorporated herein by reference.

3. This Amendment Two is hereby incorporated and made a part of the original Agreement and subject to all provisions therein. All other terms of the original Agreement and prior amendment not in conflict with Amendment Two remain in effect and are incorporated by reference.

Item B Page 56 Town Council Meeting January 10, 2023
AMENDMENT NO. 2 | AGREEMENT FOR LAW ENFORCEMENT SERVICES San Mateo County Sheriff’s Office | Town of Woodside
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.

COUNTY OF SAN MATEO
A Political Sub-division of the
State of California
BY:

SHERIFF CARLOS G. BOLANOS
DATE:

TOWN OF WOODSIDE
BY:

DICK BROWN, MAYOR
DATE:

ATTEST:

BY:

TOWN CLERK
Item B Page 57 Town Council Meeting January 10, 2023
AMENDMENT NO. 2 | AGREEMENT FOR LAW ENFORCEMENT SERVICES San Mateo County Sheriff’s Office | Town of Woodside

EXHIBIT C

ALPR SYSTEM USE
Agreement for Law Enforcement Services between the County of San Mateo and the Town of Woodside In furtherance of providing the services described in Exhibit A, the Town shall make available, and the County shall have access to, data collected by the Town’s ALPR System, subject to the following conditions, restrictions, and protections:

1. ALPR SYSTEM.

The Town owns and/or authorizes the use of Automated License Plate Readers (ALPR) at fixed locations within the Town for certain law enforcement and public safety purposes. The Town contracts with Flock Group, Inc. (“Flock”) for the provision of the ALPR hardware and associated software to capture, store, index, and access data captured by the ALPRs (together, the “ALPR System”).

2. TOWN POLICY.

The Town has adopted an Automated License Plate Reader (ALPR) Usage and Privacy Policy (“Town Policy”), which governs the use of the ALPRs installed, or to be installed in the Town, and the access, use, and retention of data collected by those ALPRs through the ALPR System. The Town Policy is incorporated herein by reference.

3. USE.

Pursuant to the Town Policy, sworn officers and/or approved staff of the San Mateo County Sheriff’s Office (“Sheriff”) that have completed the requisite training may access data captured by the ALPRs installed within the Town and stored by the ALPR System through user IDs established through Flock.

However, such access and use is restricted to Authorized Purposes defined by the Town Policy and subject to conditions, restrictions, and protections under the Town Policy.

At all times, the Sheriff’s officers granted access to data captured by Town ALPRs shall comply with the Town Policy, including but not limited to, ensuring access and use is at all times for Authorized Purposes, that accessed and/or retained data remains secure and is retained only for the period authorized, and that data is only shared with those explicitly authorized by the Town Policy. Consistent with the Town Policy, the Sheriff will ensure that any third-party law enforcement agency requesting data captured by ALPRs within the Town is aware of and will comply with all conditions, restrictions, and protections enumerated in the Town Policy prior to sharing the requested data.

4. DISCONTINUANCE OF THE ALPR SYSTEM.

The Town reserves the right to discontinue the Sheriff’s access to the ALPR System, and/or to discontinue the operation of the ALPR System altogether, without cause or notice to the County.

Item B Page 58 Town Council Meeting January 10, 2023
APPOINTMENTS - Mayor's Councilmember Committee Appointments - 2023 Outside Agencies
Association of Bay Area Governments
(ABAG)
Councilmember Fluet
Alternate Councilmember
Dombkowski
General Assembly, June
City/County Association of
Governments (C/CAG)
Councilmember Fluet
Alternate Councilmember Wall
Second Thursday of Month, 6:30 PM
Council of Cities - City Selection
Committee (Monthly Dinner Meeting)
Mayor Shaw
Alternate Councilmember
Dombkowski
Fourth Friday of Month, 6:00 PM
Housing Endowment and Regional
Trust (HEART)
Councilmember Wall Fourth Wednesday of Month 3:00 PM
League of California Cities Peninsula
Division and Woodside Liaison
Mayor Shaw
Alternate Councilmember Fluet
Fourth Thursday of March, June, and
October (evening)
Peninsula Clean Energy Authority of
San Mateo County
Councilmember Wall Fourth Thursday of Month, 6:30 PM
SF Airport/Community Roundtable Councilmember Goeld First Wednesday of February, April, June, August, October, December 7:00
PM
San Mateo County Operational Area
Emergency Services
Councilmember Goeld Third Thursday of January, April, June, September, 5:30 PM
San Mateo County Library Joint
Powers Governing Board
Councilmember Brown February, May, June, September,
November, 8:15 AM
San Mateo County Mosquito and
Vector Control District
Paul Fregulia Second Wednesday of the Month 6:00
PM
Woodside Elementary School Mayor Pro Tem Wall
Alternate Councilmember Fluet
Second Tuesday of Month, 3:30 PM
Woodside Fire Protection District Mayor Shaw, Councilmember Goeld
Last Monday of Month, 7:00 PM
Town Committee Liaison
Arts & Culture Committee Councilmember Fluet Second Thursday of Month, 5:00 PM Audit Committee Councilmembers Dombkowski,
Goeld
As Needed
Circulation Committee Councilmember Brown Third Thursday of Month, 7:00 PM Emergency Preparedness Committee Councilmember Brown Second Wednesday of Month, 5:30 PM
Environment: Open Space,
Conservation & Sustainability
Committee
Councilmember Wall Fourth Thursday of Month, 5:30 PM
Livestock and Equestrian Heritage
Committee
Councilmember Brown Fourth Wednesday of Month, 5:30 PM
Recreation Committee Councilmember Goeld First Thursday of Month, 6:00 PM Trails Committee Councilmember Brown Second Thursday of Month, 3:00 PM Volunteerism/Volunteer Liaison and
Engagement Committee
Councilmember Dombkowski As Needed
Woodside History Committee Councilmember Brown Second Thursday of Month, 10:30 AM Item C Page 1
Town Council Meeting January 10, 2023
Other
Town Manager’s Performance Review Mayor Shaw, Mayor Pro Tem Wall, Councilmember Brown
Annually
Town Attorney’s Performance Review Mayor Shaw, Mayor Pro Tem Wall, Councilmember Brown
Annually
Town Council Committees
Appointments Subcommittee
Mayor Pro Tem Wall,
Councilmember Goeld
As Needed
Ad Hoc Firewise Committee Mayor Shaw, Councilmember
Goeld
Quarterly
Woodside Landscape Committee Councilmember Dombkowski Fourth Wednesday of Month, 3:30 PM Friends of the Woodside Library Councilmember Goeld Second Monday of Month, 9:00 AM Ad Hoc Police Contract Subcommittee Mayor Shaw, Councilmembers Dombkowski and Fluet
As Needed
Item C Page 2
Town Council Meeting January 10, 2023

TOWN OF WOODSIDE
Report to Town Council Agenda Item 1
From: Paula Wong, Management Analyst January 10, 2023
Kevin Bryant, Town Manager
SUBJECT: REGISTER OF DEMANDS AGAINST THE TOWN OF WOODSIDE FROM DECEMBER 1 THROUGH DECEMBER 31, 2022
Per Town of Woodside Municipal Code Title III, Administration, Chapter 31.03.F the attached register of demands December 1 through December 31, 2 022 have been prepared, audited, and certified, by the Administrative Services Manager.

Attachment

1. Register of Demands December 1 through December 31, 2022 Item 1 Page 1
Town Council Meeting January 10, 2023
Accounts Payable
User:

Printed:
paula.wong
12/19/2022 9:33 AM
Checks by Date - Detail by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
41286 2953 Bay Demolition Inc. 12/02/2022
Refund11.28.22 155 Harcross Road BLDG2022-0187 155 Harcross Road BLDG2022-0187 SITE2022-0013 1,425.00 Refund11.28.22 155 Harcross Road SITE2022-0013 155 Harcross Road BLDG2022-0187 SITE2022-0013 523.43 Total for Check Number 41286: 1,948.43
41287 2954 CJ International LLC 12/02/2022
Refund11.28.22 3970 Woodside Road BLDG2019-0544 3970 Woodside Road BLDG2019-0544 2,608.00 Total for Check Number 41287: 2,608.00
41288 2952 Ofer Doitel 12/02/2022
Refund11.18.22 18033 Skyline Blvd BLDG2022-0140-0141 Project Cancelled 18033 Skyline Blvd BLDG2022-0140-0141 Project Cancelled 1,403.50 Total for Check Number 41288: 1,403.50
41289 2039 Martha Dunn 12/02/2022
DefSpac11.29.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 3,000.00 Total for Check Number 41289: 3,000.00
41290 2612 Kara Hargraves 12/02/2022
Refund11.17.22 805 Woodside Drive BLDG2017-0007/BLDG2017-0131 805 Woodside Drive BLDG2017-0007/BLDG2017-0131 1,200.00 Total for Check Number 41290: 1,200.00
41291 2951 Lance Kawamoto 12/02/2022
DefSpac11.18.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 3,000.00 Total for Check Number 41291: 3,000.00
41292 2640 Jody Lawler 12/02/2022
DefSpac11.21.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 3,000.00 Total for Check Number 41292: 3,000.00
41293 2955 Yvette Ma 12/02/2022
DefSpac11.28.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 3,000.00 Total for Check Number 41293: 3,000.00
41294 2658 Leslie C. Moretti 12/02/2022
DefSpac11.28.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 3,000.00 Total for Check Number 41294: 3,000.00
41295 2691 Kelly Murphy 12/02/2022
DefSpac11.21.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 3,000.00 Total for Check Number 41295: 3,000.00
41296 2731 Perry Palmer 12/02/2022
AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 1 Item 1 Page 2
Town Council Meeting January 10, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
DefSpac11.21.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 3,000.00 Total for Check Number 41296: 3,000.00
41297 2649 Eric Ruxton 12/02/2022
DefSpac11.28.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 3,000.00 Total for Check Number 41297: 3,000.00
41298 2862 Zhendi Su 12/02/2022
Refund11.21.22 45 Still Creek Road BLDG2018-0436 45 Still Creek Road BLDG2018-0436/SITE2019-0008 73.93 Refund11.21.22 45 Still Creek Road SITE2019-0008 45 Still Creek Road BLDG2018-0436/SITE2019-0008 218.75 Total for Check Number 41298: 292.68
41299 2855 Rona Wu 12/02/2022
Refund11.29.22 122 Maybury Place BLDG2019-0370 122 Maybury Place BLDG2019-0370 4,687.47 Total for Check Number 41299: 4,687.47
41300 1029 ASCAP 12/02/2022
500614570 License Fee 01.01.22-02.28.23 License Fee 01.01.22-02.28.23 433.03 Total for Check Number 41300: 433.03
41301 1033 AT&T - 939-103-5060 12/02/2022
000019067770 6508511294245 10.13.22-11.12.22 Phone (Museum) 10.13.22-11.12.22 114.67 Total for Check Number 41301: 114.67
41302 1035 AT&T - 939-103-5062 12/02/2022
000019067771 6508515591157 10.13.22-11.12.22 Phone (Woodside Pump Station) 10.13.22-11.12.22 26.43 Total for Check Number 41302: 26.43
41303 1896 Bay Area Traffic Solutions Inc. 12/02/2022
125390 PCMS Traffic Sign Rental 10.26.22-11.02.22 Portola Rd. Tree Work PCMS Traffic Sign Rental 10.26.22-11.02.22 Portola Rd. Tree Work 793.33 Total for Check Number 41303: 793.33
41304 2815 Callander Associates Landscape Architecture, Inc. 12/02/2022 22008-5 Barkley Field Batting Cage Design-July 2022 REISSUE Barkley Field Batting Cage Design-July 2022 REISSUE 702.13 Total for Check Number 41304: 702.13
41305 1102 Colma Firemen's Social Club 12/02/2022
TC 11.28.22 Council of Cities Dinner/Meeting 12.16.22 Council of Cities Dinner/Meeting 12.16.22 60.00 Total for Check Number 41305: 60.00
41306 1112 Cotton Shires & Associate 12/02/2022
1122157 Geologist Retainer Services: October 2022 Geologist Retainer Services: October 2022 213.75 Total for Check Number 41306: 213.75
41307 1114 County of San Mateo Office of Assessor-Clerk-Rec. 12/02/2022 2223023 Registration & Elections-Transition to District-Based System Registration & Elections-Transition to District-Based System 2,684.70 Total for Check Number 41307: 2,684.70
41308 1121 CSG Consultants, Inc. 12/02/2022
47112 In House Plan Review October 2022 Building Services October 2022 7,401.50 47112 Building Inspection October 2022 Building Services October 2022 7,680.00 AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 2 Item 1 Page 3
Town Council Meeting January 10, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
47113 Code Enforcement October 2022 Building Services Code Enforcement October 2022 7,623.00 47348 Engineering Staff Services October 2022 Engineering Staff Services October 2022 13,485.00 B221851 Building Plan Review Services September 2022 Building Plan Review Services September 2022 13,984.80 Total for Check Number 41308: 50,174.30
41309 1178 Interstate Traffic Control Products, Inc. 12/02/2022 253843 Custom Signs: 18X24 (3) Custom Signs: 18X24 (3) 216.56 Total for Check Number 41309: 216.56
41310 1148 Gerardo Mendoza 12/02/2022
180-2022 Barkley Fields Janitorial + Disinfecting October 2022 Barkley Fields Janitorial + Disinfecting October 2022 940.00 226-2022 Museum Janitorial + Disinfecting October 2022 Museum Janitorial + Disinfecting October 2022 240.00 236-2022 Independence Hall Janitorial October 2022 Independence Hall Janitorial October 2022 135.00 275-2022 Branch Library Janitorial + Disinfecting October 2022 Branch Library Janitorial + Disinfecting October 2022 1,285.00 290-2022 Town Hall Janitorial + Disinfecting October 2022 Town Hall Janitorial + Disinfecting October 2022 1,095.00 Total for Check Number 41310: 3,695.00
41311 1763 MidAmerica Admin. & Retirement Solutions,LLC 12/02/2022 MAR0000021513 July-September 2022 Quarterly HRA Processing Fees July-September 2022 Quarterly HRA Processing Fees 225.00 Total for Check Number 41311: 225.00
41312 2225 Mission Uniform 12/02/2022
518106821 Weekly Public Works Uniform Rental Service 11.01.22 Weekly Public Works Uniform Rental Service 11.01.22 40.32 518144012 Weekly Public Works Uniform Rental Service 11.08.22 Weekly Public Works Uniform Rental Service 11.08.22 35.00 518185448 Weekly Public Works Uniform Rental Service 11.15.22 Weekly Public Works Uniform Rental Service 11.15.22 40.32 518231399 Weekly Public Works Uniform Rental Service 11.22.22 Weekly Public Works Uniform Rental Service 11.22.22 35.00 518278332 Weekly Public Works Uniform Rental Service 11.29.22 Weekly Public Works Uniform Rental Service 11.29.22 38.55 Total for Check Number 41312: 189.19
41313 1248 Pacific Gas & Electric 12/02/2022
P0537 11.17.22 Canada College/Farm Hill 0537900773-4 10.12.22-11.09.22 Canada College Traffic Signals 0537900773-4 10.12.22-11.09.22 70.06 Total for Check Number 41313: 70.06
41314 1249 Pacific Gas & Electric 12/02/2022
P0961 11.17.22 5001 Farm Hill/Barkely 0961067232-2 10.11.22-11.08.22 5001 Farm Hill/Barkley PGE 0961067232-2 10.11.22-11.08.22 479.30 Total for Check Number 41314: 479.30
41315 1250 Pacific Gas & Electric 12/02/2022
P1399 11.21.22 1399341562-2 Street Lamp 10.15.22-11.15.22 1399341562-2 TH Street Lamp 10.15.22-11.15.22 17.50 Total for Check Number 41315: 17.50
41316 1251 Pacific Gas & Electric 12/02/2022
P3590 11.10.22 TH #2 3590823804-7 Gas 10.12.22-11.09.22 Town Hall -Gas 3590823804-7 10.12.22-11.09.22 160.27 Total for Check Number 41316: 160.27
41317 1252 Pacific Gas & Electric 12/02/2022
P3663 11.13.22 Library 1 Gas 3663254289-4 10.13.22-11.10.22 Library 1 Gas PGE 3663254289-4 10.13.22-11.10.22 79.20 Total for Check Number 41317: 79.20
41318 1253 Pacific Gas & Electric 12/02/2022
P3674 11.17.22 TH 3; 3674157132-1 10.11.22-11.08.22 Town Hall 3; 3674157132-1 10.11.22-11.08.22 600.79 AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 3 Item 1 Page 4
Town Council Meeting January 10, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 41318: 600.79
41319 1254 Pacific Gas & Electric 12/02/2022
P3704 11.17.22 Library 2- PGE3704920953-1 10.12.22-11.09.22 Library 2- PGE3704920953-1 10.12.22-11.09.22 1,015.98 Total for Check Number 41319: 1,015.98
41320 1255 Pacific Gas & Electric 12/02/2022
P5632 11.17.22 Town Hall 4 PGE 5632637403-2 10.11.22-11.08.22Town Hall 4 PGE 5632637403-2 10.11.22-11.08.22 1,401.86 Total for Check Number 41320: 1,401.86
41321 1257 Pacific Gas & Electric 12/02/2022
P9226 11.17.22 TC Pump 9226135810-2 10.11.22-11.08.22 TC Pump 9226135810-2 10.11.22-11.08.22 518.44 Total for Check Number 41321: 518.44
41322 1260 Parisi Transportation Consulting 12/02/2022
19178 On-Call Plan. & Traffic Eng.-October 2022 On-Call Plan. & Traffic Eng.-October 2022 2,258.75 Total for Check Number 41322: 2,258.75
41323 1266 Petty Cash 12/02/2022
PC 11.18.22 Reimburse Petty Cash Box 11.02.22-11.18.22 Reimburse Petty Cash Box 11.02.22-11.18.22 394.96 Total for Check Number 41323: 394.96
41324 2226 Quench USA, Inc. 12/02/2022
INV04108259 2 Water Units for TH/Public Works 06.20.22-07.19.22 2 Water Units for TH/Public Works 06.20.22-07.19.22 131.26 Total for Check Number 41324: 131.26
41325 2122 San Mateo County Public Safety Communications 12/02/2022 WDPD 23-01 Quarterly Dispatch Services for WPD Q1 Jul-Sep 2022 Quarterly Dispatch Services for WPD Q1 Jul-Sep 2022 30,504.50 WDPD 23-02 Quarterly Dispatch Services for WPD Q2 Oct-Dec 2022 Quarterly Dispatch Services for WPD Q2 Oct-Dec 2022 30,504.50 Total for Check Number 41325: 61,009.00
41326 2956 San Mateo Resource Conservation District 12/02/2022 1-CB-GEN Compost Broker Service:Jurisdiction Allocation Jul-Sept 2022 Compost Broker Service:Jurisdiction Allocation Jul-Sept 2022 29.04 Total for Check Number 41326: 29.04
41327 1513 St. Francis Electric, LLC 12/02/2022
171050102 TS & SL Maintenance- October 2022 TS & SL Maintenance- October 2022 290.00 Total for Check Number 41327: 290.00
41328 1385 Stepford 12/02/2022
2201693 IT Monthly Off-site Disaster Recovery January 2023IT Monthly Off-site Disaster Recovery January 2023 680.00 2201694 IT Monthly Service+MS Office License January 2023 IT Monthly Service+MS Office License January 2023 3,133.00 Total for Check Number 41328: 3,813.00
41329 1318 U.S. Bank 12/02/2022
PCard11.15.22 Costco: Drinks for Retiremment Party Employee Procurement Card Statement 11.15.22 126.80 PCard11.15.22 BC Pharmacy: Farewell Party Balloons Employee Procurement Card Statement 11.15.22 9.81 PCard11.15.22 Coscto: Water for Volunteer Reception Employee Procurement Card Statement 11.15.22 82.43 PCard11.15.22 USPS: Mailing- HCD Requested Hard Copy Employee Procurement Card Statement 11.15.22 12.45 PCard11.15.22 APWA: Chapter Meeting Registration Employee Procurement Card Statement 11.15.22 45.00 PCard11.15.22 Zoom: Cloud Storage (Month) Employee Procurement Card Statement 11.15.22 40.00 PCard11.15.22 Michael's: Birthday Banner & Container Employee Procurement Card Statement 11.15.22 32.93 AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 4 Item 1 Page 5
Town Council Meeting January 10, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
PCard11.15.22 Zoom: Video Conferencing Fee (Month) Employee Procurement Card Statement 11.15.22 14.99 PCard11.15.22 O'Reilly Auto Parts: Blue DEF for RAM 5500 Employee Procurement Card Statement 11.15.22 72.48 PCard11.15.22 Zoom: Video Conferencing Fee (Month) Employee Procurement Card Statement 11.15.22 14.99 PCard11.15.22 Woodside Bakery: Pasteries for Great Shakeout Drill Employee Procurement Card Statement 11.15.22 43.60 PCard11.15.22 Piazza Wholesale: Flowers for Volunteer ReceptionEmployee Procurement Card Statement 11.15.22 484.52 PCard11.15.22 Corner Yogurt: Meeting RE: 773 Canada Employee Procurement Card Statement 11.15.22 17.26 PCard11.15.22 Amazon: Office Supplies Employee Procurement Card Statement 11.15.22 36.00 PCard11.15.22 Villa Lucia's Pizzaria: Farewell Staff Lunch Employee Procurement Card Statement 11.15.22 274.46 PCard11.15.22 Name Badges: Council & Staff Employee Procurement Card Statement 11.15.22 56.89 PCard11.15.22 Safeway: Farewell Party Cake & Flowers Employee Procurement Card Statement 11.15.22 63.93 PCard11.15.22 Outdoor Hardware Supply:Fence Posts for Signs Employee Procurement Card Statement 11.15.22 257.93 Total for Check Number 41329: 1,686.47
41330 2950 United Rentals (North America),Inc. 12/02/2022 790045290-001 111 Hillside Drive: Code Enforcement Fencing 10.05.22-11.02.22 111 Hillside Drive: Code Enforcement Fencing 10.05.22-11.02.22 100.73 790045290-002 111 Hillside Drive: Code Enforcement Fencing 11.02.22-11.30.22 111 Hillside Drive: Code Enforcement Fencing 11.02.22-11.30.22 100.73 Total for Check Number 41330: 201.46
41331 1333 Wells Fargo Financial Leasing, Inc. 12/02/2022 5022717206 Postage Meter Rental 12.13.22-01.12.23 Postage Meter Rental 12.13.22-01.12.23 185.93 Total for Check Number 41331: 185.93
41332 1338 Woodside & Portola Private Patrol 12/02/2022 190765 Monthly Commercial Patrol Service Barkley Field December 2022 Monthly Commercial Patrol Service Barkley Field December 2022 3,000.00 Total for Check Number 41332: 3,000.00
Total for 12/2/2022: 173,011.44
41333 2509 Carol Arvidsson 12/09/2022
Refund12.7.22 581 Patrol Road BLDG2019-0443 Project Application Expired. 581 Patrol Road BLDG2019-0443 Project Application Expired. 548.00 Total for Check Number 41333: 548.00
41334 2874 Deborah Fitz 12/09/2022
DefSpac12.7.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 2,700.00 Total for Check Number 41334: 2,700.00
41335 1479 Kimberly Hansen 12/09/2022
DefSpac12.2.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 2,600.00 Total for Check Number 41335: 2,600.00
41336 2622 Keith Lucas 12/09/2022
DefSpac12.5.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 3,000.00 Total for Check Number 41336: 3,000.00
41337 2784 Michael O'Neill 12/09/2022
DefSpac12.5.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 2,750.00 Total for Check Number 41337: 2,750.00
41338 2958 Lawrence Shane 12/09/2022
DefSpac12.5.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 3,000.00 AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 5 Item 1 Page 6
Town Council Meeting January 10, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 41338: 3,000.00
41339 1497 Creed Stary 12/09/2022
DefSpac12.8.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 2,850.00 Total for Check Number 41339: 2,850.00
41340 1006 Aaronson, Dickerson, Cohn & Lanzone 12/09/2022 1783 Legal Services November 2022 Legal Services November 2022 25,679.25 Total for Check Number 41340: 25,679.25
41341 2407 Advanced Tree Care 12/09/2022
16682 Arborist Report: 215 Olive Hill Lane Arborist Report: 215 Olive Hill Lane 450.00 Total for Check Number 41341: 450.00
41342 1031 AT&T - 939-103-5058 12/09/2022
000019114795 6505291639212 10.25.22-11.24.22 Phone (Additional Lines at Museum) 10.25.22-11.24.22 50.91 Total for Check Number 41342: 50.91
41343 1032 AT&T - 939-103-5059 12/09/2022
000019114796 6505291708808 10.25.22-11.24.22 Phone(Automated Notification System/DSL) 10.25.22-11.24.22 26.29 Total for Check Number 41343: 26.29
41344 1034 AT&T - 939-103-5061 12/09/2022
000019114799 6508512195729 10.25.22-11.24.22 Phone (Fax) 10.25.22-11.24.22 50.91 Total for Check Number 41344: 50.91
41345 1036 AT&T - 939-103-5063 12/09/2022
000019114800 6508516795 10.25.22-11.24.22 Phone (Extra Office Number) 10.25.22-11.24.22 23.19 Total for Check Number 41345: 23.19
41346 1037 AT&T - 939-103-5064 12/09/2022
000019114801 6508517741634 10.25.22-11.24.22 Phone (Public Works) 10.25.22-11.24.22 26.29 Total for Check Number 41346: 26.29
41347 1043 Bay Area News Group 12/09/2022
0001361391 Legal Classified Advertising-Planning November 2022 Legal Classified Advertising-Planning November 2022 306.29 Total for Check Number 41347: 306.29
41348 1061 California Dept. of Transportation 12/09/2022 SL230171 Signals & Lighting July-September 2022 Signals & Lighting July-September 2022 1,525.13 Total for Check Number 41348: 1,525.13
41349 1060 California Water Service 12/09/2022
W4321 11.30.22 4321116666 2955 Woodside Rd 6" Fire Service 12.01.22-12.31.22 4321116666 2955 Woodside Rd 6" Fire Service 12.01.22-12.31.22 55.69 Total for Check Number 41349: 55.69
41350 2957 Charles M. Salter Associates, Inc. 12/09/2022 0082059 Housing Element Site Noise Analysis: October 2022Housing Element Site Noise Analysis: October 2022 1,917.50 Total for Check Number 41350: 1,917.50
AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 6 Item 1 Page 7
Town Council Meeting January 10, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
41351 1087 City of Redwood City 12/09/2022
326001 Woodside-RWC Inter-Agency Loan Annual Principal Payment 2022 Woodside-RWC Inter-Agency Loan Annual Principal+Int Paymt 2022 5,900.00 326001 Woodside-RWC Inter-Agency Loan Annual Interest Payment 2022 Woodside-RWC Inter-Agency Loan Annual Principal+Int Paymt 2022 477.90 Total for Check Number 41351: 6,377.90
41352 2894 ClientFirst Consulting Group, LLC 12/09/2022 14379 Technology Master Planning-November 2022 Technology Master Planning-November 2022 1,927.50 Total for Check Number 41352: 1,927.50
41353 1112 Cotton Shires & Associate 12/09/2022
1022206 Geologist Retainer Services: September 2022 Geologist Retainer Services: September 2022 410.00 1022226 195 Farm Road, BLDG 2022-0375 195 Farm Road, BLDG 2022-0375 1,230.00 1022227 140 Romero Road, BLDG2022-0228 140 Romero Road, BLDG2022-0228 820.00 1022228 366 Eleanor Drive, BLDG2022-0002 366 Eleanor Drive, BLDG2022-0002 1,127.50 1022229 8 Quail Meadows, BLDG2021-0609 8 Quail Meadows, BLDG2021-0609 1,332.50 1022230 469 Manuella Ave; BLDG2022-0168 469 Manuella Ave; BLDG2022-0168 922.50 1022231 1101 Canada Road, SITE2022-0043 1101 Canada Road, SITE2022-0043 776.25 1022232 1101 Canada Road, SDIV2022-0001 1101 Canada Road, SDIV2022-0001 860.00 1022233 2 Medway Road, BLDG2022-0336 2 Medway Road, BLDG2022-0336 1,876.25 1022234 115 Dean Road, BLDG2022-0399 115 Dean Road, BLDG2022-0399 1,637.50 1022235 2190 Ward Way, BLDG2022-0420 2190 Ward Way, BLDG2022-0420 1,457.50 1022236 110 Hardwick Road, BLDG2022-0426 110 Hardwick Road, BLDG2022-0426 1,457.50 1022237 18 Stadler Drive, BLDG2022-0439 18 Stadler Drive, BLDG2022-0439 1,463.75 1022238 30 Echo Lane, BLDG2022-0413 30 Echo Lane, BLDG2022-0413 1,537.50 Total for Check Number 41353: 16,908.75
41354 1118 County of San Mateo-Health System 12/09/2022 AC22-23Woodside FY 2022-23 Animal Control Costs FY 2022-23 Animal Control Costs 74,629.00 Total for Check Number 41354: 74,629.00
41355 1121 CSG Consultants, Inc. 12/09/2022
46579 Engineering Staff Services September 2022 Engineering Staff Services September 2022 19,452.50 46743 Easement Research Services September 2022 Easement Research Services September 2022 2,820.00 46845 In House Plan Review September 2022 Building Services September 2022 8,482.25 46845 Building Inspection September 2022 Building Services September 2022 9,216.00 46846 Code Enforcement September 2022 Code Enforcement September 2022 8,253.00 47347 Lot Merger Review:4214 Jefferson Ave-October 2022 Lot Merger Review:4214 Jefferson Ave-October 2022 1,280.00 Total for Check Number 41355: 49,503.75
41356 2770 Edge Communications Solutions 12/09/2022
405716 Phone (Main Office Number) 11.06.22-12.05.22 Monthly Phone (650)851-6790 11.06.22-12.05.22 311.04 407546 Phone (Main Office Number) 12.06.22-01.05.23 Monthly Phone (650)851-6790 12.06.22-01.05.23 226.04 Total for Check Number 41356: 537.08
41357 1308 Embarcadero Media 12/09/2022
77469 Legal Advertising- Planning November 2022 Legal Advertising Planning November 2022 461.00 Total for Check Number 41357: 461.00
41358 1653 Harrison Engineering, Inc. 12/09/2022
21-016-08 Glens Pathway Phase 2 & 3: Design October-November 2022 Glens Pathway Phase 2 & 3: Design October-November 2022 2,231.56 22-020-01 Farm Road Reconstruction Assistance: November 2022 Farm Road Reconstruction Assistance: November 2022 3,179.42 Total for Check Number 41358: 5,410.98
41359 1167 Herc Rentals, Inc. 12/09/2022
AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 7 Item 1 Page 8
Town Council Meeting January 10, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
32398710-016 Storage Container Rental 10.26.22-11.23.22 Storage Container Rental 10.26.22-11.23.22 127.30 Total for Check Number 41359: 127.30
41360 1686 Managed Health Network 12/09/2022
PRM-076855 Employee Assistance Program December 2022 Employee Assistance Program December 2022 55.00 PRM-076855 Employee Assistance Program December 2022 Employee Assistance Program December 2022 50.00 PRM-076855 Employee Assistance Program December 2022 Employee Assistance Program December 2022 50.00 Total for Check Number 41360: 155.00
41361 1148 Gerardo Mendoza 12/09/2022
181-2022 Barkley Fields Janitorial + Disinfecting November 2022 Barkley Fields Janitorial + Disinfecting November 2022 940.00 227-2022A Museum Janitorial + Disinfecting November 2022Museum Janitorial + Disinfecting November 2022 240.00 237-2022 Independence Hall Janitorial November 2022 Independence Hall Janitorial November 2022 135.00 276-2022 Branch Library Janitorial + Disinfecting November 2022 Branch Library Janitorial + Disinfecting November 2022 1,285.00 291-2022 Town Hall Janitorial + Disinfecting November 2022Town Hall Janitorial + Disinfecting November 2022 1,095.00 Total for Check Number 41361: 3,695.00
41362 2475 Network Secuirty Systems 12/09/2022
28956 Museum-Quarterly Fire/Intrusion Alarm Service:Oct-Dec 2022 Museum & Library-Quarterly Fire/Intrusion Alarm Service 225.00 28956 Library-5 Month Fire Alarm Service:Aug-Dec 2022Museum & Library-Quarterly Fire/Intrusion Alarm Service 325.00 Total for Check Number 41362: 550.00
41363 1245 ODP Business Solutions, LLC 12/09/2022
273973339001 Supplies: Calendar Supplies: Calendar 17.49 278078327001 Supplies: Planners Supplies: Planners 43.73 278078554001 Supplies: Cornstarch Forks Supplies: Cornstarch Forks 10.85 278078557001 Supplies: Tea, Coffee Creamer Supplies: Tea, Coffee Creamer 10.96 278078559001 Supplies: Tea Supplies: Tea 6.49
Total for Check Number 41363: 89.52
41364 1581 PLAN JPA 12/09/2022
PLAN-2023-0102 General Liability Claims-October 2022 General Liability Claims-October 2022 5,764.00 Total for Check Number 41364: 5,764.00
41365 1556 Quality Landscape & Concrete, Inc. 12/09/2022 BARKLEY10.31.22 Barkley Fields Monthly Landscape Maintenance October 2022 Barkley Fields Monthly Landscape Maintenance October 2022 10,280.00 Canada11.01.22 Runneymede/Canada Transformer Landscape Watering October 2022 Runneymede/Canada Transformer Landscape Watering October 2022 569.00 LIBRARY10.31.22 Library Landscape Maintenance October 2022 Library Landscape Maintenance October 2022 1,080.00 OLHBridge110122 Old La Honda Bridge Landscape Watering- October 2022 Old La Honda Bridge Landscape Watering- October 2022 284.50 TOWN10.31.22 Town Monthly Landscape Maintenance October 2022 Town Monthly Landscape Maintenance October 2022 1,480.00 Total for Check Number 41365: 13,693.50
41366 1276 Roberts Market 12/09/2022

11.30.22 Grocery & Hardware Supplies November 2022 Grocery & Hardware Supplies November 2022 226.65 Total for Check Number 41366: 226.65
41367 1385 Stepford 12/09/2022
2201709 Planning Dept: HP Notebook Planning Dept: HP Notebook 1,946.10 Total for Check Number 41367: 1,946.10
41368 1095 Sweeping Corporation of America 12/09/2022
104658CS Monthly Sweep Fee November 2022 Monthly Sweep Fee November 2022 1,513.68 AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 8 Item 1 Page 9
Town Council Meeting January 10, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 41368: 1,513.68
41369 1324 U.S. BANK St. Paul 12/09/2022
6742065 Parking Lot Annual Admin/Incidental Fees 11.01.22-10.31.23 Parking Lot Annual Admin/Incidental Fees 11.01.22-10.31.23 2,300.00 Total for Check Number 41369: 2,300.00
41370 2950 United Rentals (North America),Inc. 12/09/2022 314311 111 Hillside Drive: Code Enforcement Fencing 04.08.22-10.04.22 111 Hillside Drive: Code Enforcement Fencing 04.08.22-10.04.22 550.00 Total for Check Number 41370: 550.00
41371 1322 United Site Services 12/09/2022
INV-01224369 Portable Restroom Services 11.30.22-12.27.22 Portable Restroom Services 11.30.22-12.27.22 231.57 Total for Check Number 41371: 231.57
Total for 12/9/2022: 234,157.73
41372 1598 Matthew Apfel 12/16/2022
Refund12.12.22 680 Manzanita Way BLDG2019-0172-0173 680 Manzanita Way BLDG2019-0172-0173 1,000.00 Total for Check Number 41372: 1,000.00
41373 2961 Bruce Baker 12/16/2022
DefSpac12.12.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 550.00 Total for Check Number 41373: 550.00
41374 2057 Pamela Forsyth 12/16/2022
Refund12.12.22 1104 Godetia Drive BLDG2021-0521 1104 Godetia Drive BLDG2021-0521 1,000.00 Total for Check Number 41374: 1,000.00
41375 1580 Green Gables LLC 12/16/2022
DefSpac12.15.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 9,000.00 Total for Check Number 41375: 9,000.00
41376 1822 Paul Ricci 12/16/2022
Refund12.12.22 382 Mountain Home Road BLDG2019-0630-0631382 Mountain Home Road BLDG2019-0630-0631 60.10 Refund12.12.22 382 Mountain Home Road BLDG2019-0630-0631382 Mountain Home Road BLDG2019-0630-0631 8,482.25 Refund12.12.22 382 Mountain Home Road BLDG2019-0630-0631382 Mountain Home Road BLDG2019-0630-0631 478.00 Total for Check Number 41376: 9,020.35
41377 2959 Marc Tarpenning 12/16/2022
Refund12.08.22 75 Tum Sudden Way BLDG2020-0090-0091 75 Tum Sudden Way BLDG2020-0090-0091 946.00 Refund12.08.22 75 Tum Sudden Way BLDG2020-0090-0091 75 Tum Sudden Way BLDG2020-0090-0091 195.00 Refund12.08.22 75 Tum Sudden Way BLDG2020-0090-0091 75 Tum Sudden Way BLDG2020-0090-0091 1,410.30 Refund12.08.22 75 Tum Sudden Way BLDG2020-0090-0091 75 Tum Sudden Way BLDG2020-0090-0091 1,000.00 Total for Check Number 41377: 3,551.30
41378 2962 Clark Williford 12/16/2022
DefSpac12.13.22 Defensible Space Matching Fund Program FY23 Defensible Space Matching Fund Program FY23 2,325.00 Total for Check Number 41378: 2,325.00
41379 1004 A2Z Business Systems 12/16/2022
AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 9 Item 1 Page 10 Town Council Meeting January 10, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
AR31000 Copier Maintenance Contract 10.29.22-01.28.23 + Aug-Oct Overages Copier Maintenance Contract 10.29.22-01.28.23 + Aug-Oct Overages 2,619.99 Total for Check Number 41379: 2,619.99
41380 1033 AT&T - 939-103-5060 12/16/2022
000019213439 6508511294 11.13.22-12.12.22 Phone (Museum) 11.13.22-12.12.22 114.92 Total for Check Number 41380: 114.92
41381 1035 AT&T - 939-103-5062 12/16/2022
000019213440 6508515591 TC/Woodside Pump Station 11.13.22-12.12.22 Phone (Town Center/Woodside Pump Station) 11.13.22-12.12.22 26.67 Total for Check Number 41381: 26.67
41382 1038 AT&T - 939-105-1744 12/16/2022
000019183119 Phone (Internet) 11.10.22-12.09.22 Phone (Internet) 11.10.22-12.09.22 838.74 Total for Check Number 41382: 838.74
41383 1039 AT&T Mobility 12/16/2022
873236230X12062022 Cell phones 873236320 10.29.22-11.28.22 Cell phones 873236320 10.29.22-11.28.22 184.24 Total for Check Number 41383: 184.24
41384 1062 California Water Service 12/16/2022
W1367 12.09.22 1367116666 WHHA 24 Median Meters+1 Town Median 11.08.22-12.08.22 WHHA 24 Median Meters+1 Town Median Meter 11.08.22-12.08.22 1,129.20 Total for Check Number 41384: 1,129.20
41385 1063 California Water Service 12/16/2022
W2367 12.08.22 2367116666 Mt Home & Woodside 11.05.22-12.07.22 2367116666 Mt Home & Woodside 11.05.22-12.07.22 33.01 Total for Check Number 41385: 33.01
41386 1065 California Water Service 12/16/2022
W4562 12.09.22 4562104183 5001 Farmhill Blvd, Barkley Fields 11.08.22-12.08.22 4562104183 5001 Farmhill Blvd, Barkley Fields 11.08.22-12.08.22 2,700.10 Total for Check Number 41386: 2,700.10
41387 1066 California Water Service 12/16/2022
W5527 12.05.22 5527147592 BG Construction Mtr 62261013 11.02.22-12.02.22 5527147592 BG Construction Mtr 62261013, 11.02.22-12.02.22 82.52 Total for Check Number 41387: 82.52
41388 1067 California Water Service 12/16/2022
W6167 12.08.22 6167116666 2955 Woodside Rd. 11.05.22-12.07.226167116666 2955 Woodside Rd. 11.05.22-12.07.22 296.50 Total for Check Number 41388: 296.50
41389 1068 California Water Service 12/16/2022
W6408 12.08.22 6408116666 3140 Woodside Road 11.05.22-12.07.226408116666 3140 Woodside Road 11.05.22-12.07.22 245.39 Total for Check Number 41389: 245.39
41390 1069 California Water Service 12/16/2022
W8508 12.08.22 8508116666 Woodside & Canada Ln, 11.05.22-12.07.22 8508116666 Woodside & Canada Ln. 11.05.22-12.07.22 82.52 Total for Check Number 41390: 82.52
41391 1110 Corodata 12/16/2022
RS3448259 Records Management November 2022 Records Management November 2022 502.48 AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 10 Item 1 Page 11 Town Council Meeting January 10, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 41391: 502.48
41392 1112 Cotton Shires & Associate 12/16/2022
1122208 240 La Questa Way,BLDG2022-0476 240 La Questa Way,BLDG2022-0476 1,213.75 1122209 83 Tum Suden, BLDG2019-0677 (Town Expense)83 Tum Suden, BLDG2019-0677 (Town Expense) 1,459.00 1122210 11 Monticello Court, BLDG2022-0131 11 Monticello Court, BLDG2022-0131 430.00 1122211 124 Audiffred Lane, BLDG2022-0462 124 Audiffred Lane, BLDG2022-0462 747.50 1122212 225 Brookwood Road, BLDG2021-0593 225 Brookwood Road, BLDG2021-0593 1,553.50 1222351 Geologist On-Call Services: November 2022 Geologist On-Call Services: November 2022 1,290.00 Total for Check Number 41392: 6,693.75
41393 1653 Harrison Engineering, Inc. 12/16/2022
21-016-07 Glens Pathway Phase 2 & 3: Design July-September 2022 Glens Pathway Phase 2 & 3: Design July-September 2022 12,422.21 22-010-03 Glens Pathway Phase 3 Grant Assistance:August-September 2022 Glens Pathway Phase 3 Grant Assistance:August-September 2022 2,771.86 Total for Check Number 41393: 15,194.07
41394 2655 Joseph Kauffman 12/16/2022
Reimb. 12.08.22 Reimbursement-Equestrian Trail ROW Survey Vintage Ct/Mtn Home Rd Reimbursement-Equestrian Trail ROW Survey Vintage Ct/Mtn Home Rd 940.00 Total for Check Number 41394: 940.00
41395 1218 Mayne Tree Expert Co., Inc. 12/16/2022
78937 Treat Tree Trunks (600) for Sudden Oak Death Treat Tree Trunks (600) for Sudden Oak Death 9,082.00 Total for Check Number 41395: 9,082.00
41396 2225 Mission Uniform 12/16/2022
518318297 Weekly Public Works Uniform Rental Service 12.06.22 Weekly Public Works Uniform Rental Service 12.06.22 35.00 518359939 Weekly Public Works Uniform Rental Service 12.13.22 Weekly Public Works Uniform Rental Service 12.13.22 40.32 Total for Check Number 41396: 75.32
41397 2926 Ninyo & Moore Geotechnical & Environmental Science 12/16/2022 267514 140 Phillip Road,BLDG2022-0490 Geotechnical Review 140 Phillip Road,BLDG2022-0490 Geotechnical Review 1,250.00 Total for Check Number 41397: 1,250.00
41398 1245 ODP Business Solutions, LLC 12/16/2022
279033945001 Supplies: Coffeemate, Tea,Detergent Supplies: Coffeemate, Tea,Detergent 43.22 279486787001 Supplies:HP Printer Ink Supplies:HP Printer Ink 55.81 279573954001 Supplies:Tape Supplies:Tape 28.74
280421590001 Supplies:Hand Soap Supplies:Hand Soap 51.14 Total for Check Number 41398: 178.91
41399 2960 Lucy Oropeza 12/16/2022
Reimb. 12.08.22 Training Workshop-City Clerks Association Training Workshop-City Clerks Association 250.00 Total for Check Number 41399: 250.00
41400 1256 Pacific Gas & Electric 12/16/2022
P5827 12.09.22 Entrance Canada Coll. 5827359418-2 11.03.22-12.05.22 Traffic Canada College 5827359418-2 11.03.22-12.05.22 46.77 Total for Check Number 41400: 46.77
41401 2901 Peninsula Truck Repair, Inc. 12/16/2022
9207 Repair Window Regulator: 2009 Ford Escape Lic#1310853 Repair Window Regulator: 2009 Ford Escape Lic#1310853 732.33 Total for Check Number 41401: 732.33
AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 11 Item 1 Page 12 Town Council Meeting January 10, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
41402 1556 Quality Landscape & Concrete, Inc. 12/16/2022 BARKLEY11.30.22 Barkley Fields Monthly Landscape Maintenance November 2022 Barkley Fields Monthly Landscape Maintenance November 2022 10,280.00 Barkley12.01.22 Barkley Fields Repair: Mainline Leak November 2022 Barkley Fields Repair: Mainline Leak November 2022 1,925.00 LIBRARY11.30.22 Library Landscape Maintenance November 2022 Library Landscape Maintenance November 2022 1,080.00 TOWN11.30.22 Town Monthly Landscape Maintenance November 2022 Town Monthly Landscape Maintenance November 2022 1,480.00 Total for Check Number 41402: 14,765.00
41403 2226 Quench USA, Inc. 12/16/2022
INV04571572 2 Water Units for TH/Public Works 11.20.22-12.19.22 2 Water Units for TH/Public Works 11.20.22-12.19.22 131.26 Total for Check Number 41403: 131.26
41404 1289 Satcom Global, Inc. 12/16/2022
AI12220469 Satellite Service-Quarterly Fee up to 11.30.22 Satellite Service-Quarterly Fee up to 11.30.22 188.48 Total for Check Number 41404: 188.48
41405 2800 SOLV 12/16/2022
426570 IRS Tax Form 1099-NEC and Envelopes 2022 IRS Tax Form 1099-NEC and Envelopes 2022 79.18 Total for Check Number 41405: 79.18
41406 1300 Springbrook Holding Company LLC 12/16/2022
INV-011089 Annual Finance Suite/PO Software Subscription 02.11.23-02.10.24 Annual Finance Suite/PO Software Subscription 02.11.23-02.10.24 11,804.31 Total for Check Number 41406: 11,804.31
41407 2202 Springbrook National User Group 12/16/2022
3738 Annual Membership Renewal 02.06.23-02.06.24 Annual Membership Renewal 02.06.23-02.06.24 100.00 Total for Check Number 41407: 100.00
41408 1513 St. Francis Electric, LLC 12/16/2022
171050103 TS & SL Maintenance- November 2022 TS & SL Maintenance- November 2022 290.00 Total for Check Number 41408: 290.00
41409 1303 SWRCB 12/16/2022
SW-0241897 Annual Permit Fee 07.01.22-06.30.23 Facility ID# 2 41M1000066 Annual Permit Fee 07.01.22-06.30.23 Facility ID# 2 41M1000066 7,067.00 Total for Check Number 41409: 7,067.00
41410 1303 SWRCB 12/16/2022
WD-0212923 Annual Permit Fee 07.01.22-06.30.23 Facility ID#2SSO10218 Annual Permit Fee 07.01.22-06.30.23 Facility ID#2SSO10218 3,453.00 Total for Check Number 41410: 3,453.00
41411 2950 United Rentals (North America),Inc. 12/16/2022 790045290-004 111 Hillside Drive: Code Enforcement Fencing 11.30.22-12.28.22 111 Hillside Drive: Code Enforcement Fencing 11.30.22-12.28.22 93.07 Total for Check Number 41411: 93.07
41412 2218 Wex Bank 12/16/2022
85608473 Chevron Gas Card for Fleet 11.07.22-12.06.22 Chevron Gas Card for Fleet 11.07.22-12.06.22 855.37 Total for Check Number 41412: 855.37
Total for 12/16/2022: 108,572.75
AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 12 Item 1 Page 13 Town Council Meeting January 10, 2023
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Report Total (127 checks): 515,741.92
AP Checks by Date - Detail by Check Date (12/19/2022 9:33 AM) Page 13 Item 1 Page 14 Town Council Meeting January 10, 2023

TOWN OF WOODSIDE
Report to Town Council Agenda Item 2
Prepared by: Paula Wong, Management Analyst January 10, 2023 Reviewed by: Kevin Bryant, Town Manager
SUBJECT: 2022-23 November Monthly Investment Activity Report

RECOMMENDATION
It is recommended that the Town Council review and accept the 2022-23 November Investment Activity Report.

BACKGROUND
The Town of Woodside’s Investment Policy requires that there be “a monthly transaction report made to the Town Council that reports the transactions of all Investments” and California Government Code Section 53607 requires “the monthly report shall be so submitted within 30 days following the end of the month covered by the report”. This report has been prepared to facilitate that review. It has been prepared by utilizing the Town’s financial reporting, LAIF and PARS investment reports, as of November 30, 2022.

MONTHLY INVESTMENT ACTIVITY REPORT FOR NOVEMBER
LAIF
PARS

PENSION
PARS
OPEB
Beginning FY2022-23 July Balance 9,220,484.23 2,157,749.43 1,085,306.03 Net Transfer In/(Out)- between Town's Wells Fargo Checking Account - - - Interest Income Q4 FY2022 Cash Basis, received July 2022 16,830.99 - - Interest Income Q1 Cash Basis, received October 2022 29,951.59 Net Investment Earnings(Loss) (10,281.17) - (6,555.83)
Ending Balance October 9,267,266.81 2,147,468.26 1,078,750.20 Transfer Out- to Town's Wells Fargo Checking Account (500,000.00) - - Net Investment Earnings(Loss) 113,558.95 - 57,029.66
Ending Balance November 8,767,266.81 2,261,027.21 1,135,779.86 YTD Net Transfer In/(Out)- between Town's Wells Fargo Checking Account (500,000.00) YTD Interest Income-Cash Basis+Accrual Basis 46,782.58
YTD Net Investment Earnings(Loss) 103,277.78 - 50,473.83 Item 2 Page 1
Town Council Meeting January 10, 2023
LAIF
Local Agency Investment Fund (LAIF) is managed and administered by the State of California’s Treasurer, created by statue beginning in 1977 as an investment alternative for California’s local governments.

LAIF investment income is received on a quarterly basis, for the quarters ending March 31st, June 30th, September 30th, and December 31st. The Town receives an investment income statement and the cash from the State in the month following the end of the involved quarter. Thus, such revenue is received in July, October, January, and April.

PARS (IRS Sec 115)
The Town has two IRS Section 115 accounts with PARS. The Pension account can be used for unfunded pension liabilities and is shown on the financial statements as restricted cash. The OPEB (other post-employment benefits) account is for retiree health premiums and is shown only in the notes of the statements (per Governmental Accounting Standards Board regulations).

Due to the ease of access of the Town’s funds in liquid accounts such as LAIF and PARS, the Town has more than sufficient funds available to meet its liquidity (expenditure) requirements for the next six months and is in compliance with the Town Council’s financial management policy.

CONCLUSION
It is recommended that the Town Council review and accept this report.

Item 2 Page 2
Town Council Meeting January 10, 2023

TOWN OF WOODSIDE

REPORT TO TOWN COUNCIL
Meeting Date: January 10, 2023 Agenda Item: 3
Prepared by: Sage Schaan, Interim Planning Director
Approved by: Kevin Bryant, Town Manager
SUBJECT: ANNUAL REPORTING FOR THE WATER EFFICIENT LANDSCAPE ORDINANCE (WELO) 2022

RECOMMENDATION
It is recommended that the Town Council accept the Reporting Form for the Water Efficient Landscape Ordinance (WELO) for 2022, and direct staff to transmit the report to the State Department of Water Resources (DWR) by January 31, 2023.

DISCUSSION
On February 23, 2016, the Town adopted the State’s Model Water Efficient Landscape Ordinance (WELO), with the added requirement that covers be added to all new pools and spas (Woodside Municipal Code Section 150.40).

Installation of irrigated landscaped area totaling 500 square feet or more for a new project or totaling 2,500 square feet or more of landscaping for a retrofitted project area, triggers WELO requirements, including submittal of a State-mandated Landscape Documentation Package prior to issuance of a Building Permit.

The Department of Water Resources requires annual reporting (Attachment 1) on projects subject to the ordinance. In 2022, nine projects (7 new landscapes and 2 retrofitted landscapes) were ‘finaled’ that required compliance with WELO and received certificates of completion. A total of 354,488 square feet (8.14 total acres) of landscaped area was subject to the ordinance.

Approximately 4.6% percent of this total area was turf(lawn)(Attachment 1, Exhibit A).

PUBLIC COMMENT
No comments have been received on the Town’s 2022 Annual Water Efficient Landscape Ordinance Report. Any comments received will be transmitted as desk items.

CONCLUSION
Acceptance and transmittal of the attached Annual Progress Report will satisfy the State statutory requirement for annual reporting for WELO.

ATTACHMENTS

1. Water Efficient Landscape Ordinance Reporting Form (2022) Exhibit A Town of Woodside projects subject to WELO that received Certificates of Completion in 2022
Item 3 Page 1 Town Council Meeting January 10, 2023
This form is provided to help local agencies comply
with Section 495. The use of this form is not required.

This version of the form is intended for agencies that
have previously reported (2018) and have had NO
changes to their Ordinance since the last report.

Section Cited
Agency Name: Town of Woodside
Address: 2955 Woodside Road, Woodside, CA 94062
Contact Name: Sage Schaan, AICP CEP
Title: Interim Planning Director
Phone Number and Extension: (650) 851‐6790
Email:
495(b)(1)
Has your agency adopted a single agencyordinance OR a regional agency alliance ordinance? Single Agency Ordinance
495(b)(2) Reporting Period: 1/1/2022‐12/31/2022
495(b)(3)
Has your agency adopted the state Model
Water Efficient Landscape Ordinance (MWELO)
or a local Water Efficient Landscape Ordinance
(WELO)? Local Water Efficient Landscape Ordinance (WELO) 495(b)(3)
For agencies who have adopted a locally
modified WELO:
495(b)(3) How is it different from MWELO?
It requires rather than recommends covers on newpools and spas. 495(b)(3) Is it at least as efficient as MWELO? yes
495(b)(3)
Are there any exemptions specified in the local
WELO? Briefly list, citing sections. no
Model Water Efficient Landscape Ordinance
Implementation Annual Reporting
2023
Item 3 Page 2
Town Council Meeting January 10, 2023
ATTACHMENT 1
495(b)(4)
Identify the entity within your agency that is
responsible for implementing the ordinance.
(e.g. Planning, Building, Public Works, Parks,City Arborist, etc.) Planning Department 495(b)(4)
If another agency (e.g. Water supplier) is
implementing the ordinance, identify it and
explain its role, list the cities and county areasthat are supported by the water supplier (or other agency) in this capacity. None
495(b)(5)
State the number and types of projects subjectto the ordinance during the specified reporting period (when the project was final/permitclosed out) (*e.g., single family residences, commercial projects, landscape retrofits): 9 projects subject to WELO Ordinance 495(b)(6)
Total landscape area subject to the ordinance
over the reporting period in square feet oracres: 354,488 square feet 495(b)(7)
During the reporting period, how many of thefollowing types of projects did your agency issue permits on: 9
495(b)(7) Number of new housing starts: 7495(b)(7) Number of new commercial projects: 0495(b)(7) Number of landscape retrofits: 2495(b)(8) Briefly describe review procedures.

Review of Landscape Design with any discretionary
Planning entitlement, Site Development Permit, and/or
Building Permit. Planning staff reviews the Technical
MWELO submittal to confirm all required componentshave been included at the Site Development/BuildingPermit stage.

Item 3 Page
3 Town Council Meeting January 10, 2023
495(b)(9) Describe actions to verify compliance.

Require complete and certified Landscape
Documentation Package (LDP) for each project subject
to WELO. Require complete and certified WELO
Certificates of Completion for each project subject toWELO. 495(b)(9) Is a plan check performed? yes
495(b)(9)
If so, by whom? (eg. Planning, Building, Parks,
City Arborist, Public Works, etc.) Planning staff
495(b)(9) Are site inspections performed? yes
495(b)(9)
If so, by whom? (eg. Planning, Building, Parks,City Arborist, Public Works, etc.) Planning staff with verification by certified
landscape/irrigation professionals.
495(b)(9)
Are post‐installation irrigation auditsperformed? yes
495(b)(9)
If so, by whom? (eg. Building, Parks, CityArborist, Public Works, contracted auditor,water supplier, etc.) Professional contractors hired by the applicant. 495(b)(10) Briefly describe enforcement measures:

Re: Enforcement ‐ All Town code enforcement is acted
upon immediately after receiving noncomplianceinquiries. 495(b)(11)
Explain challenges to implementing and
enforcing the ordinance.

Re: Implementation ‐ Property owner desire forextensive landscaping. Re: Enforcement ‐ Town hasonly one part‐time code enforcement officer. 495(b)(12)
Describe educational, guidance and other
needs to properly apply the ordinance.

Periodic trainings available for staff would be helpful.

Drought‐tolerant, native landscaping and preservation
of Natural State are strongly encouraged by the Town'scurrent General Plan and Residential Design Guidelines.The Architectural and Site Review Board (ASRB) and Town staff strongly encourage those practices, with
resident compliance. The Environment Committeerecognizes highly compliant projects with the 'Backyard Habitat Award'.

Item 3 Page
4 Town Council Meeting January 10, 2023
The provision of the following information is
not required by Section 495 and is optional.

However, the information, if provided, will
help DWR better provide technical assistance
to local agencies.

What is the URL (web address) of thelandscape ordinance page on your agencywebsite? https://library.municode.com/ca/woodside/codes/mu
nicipal_code?nodeId=CD_ORD_TITXVLAUS_CH150BURE_ARTIVWAEFLA Has your agency also adopted Title 24 Part 11CalGreen Building codes? yesHave elements from other regulations beenincorporated (e.g., tree shading percent coverage requirement, stormmwater capturerequirements) into the local WELO? Briefly describe. no
Are other agencies (e.g. water suppliers) ableto assist with any part of implementation? Ifso, briefly explain. noDescribe implementation measures:

Implementation is conducted by property owners andverified by certified professionals and property owners pursuant to WELO.

Are there any conflicts between MWELO andother municipal codes? If yes, briefly explain. no Additional Comments:

Are you aware that cities and counties arerequired to adopt an ordinance or other enforcement mechanism that requires
compliance with certain provisions of the
MWELO (14 CCR Section 18989.2) and must
also report annually to CalRecycle on the
number of projects subject to the MWELO? Formore information see: yes Item 3 Page
5 Town Council Meeting January 10, 2023
https://www.calrecycle.ca.gov/organics/slcp/fa
q/collections#Calgreen
Send completed survey to
[email protected]
Questions? 916‐651‐9676
Item 3 Page 6
Town Council Meeting January 10, 2023
No. of New
Housing
Starts
No. of New
Commercial
Projects
Total
Landscaped
1 Mountain Wood Lane 215 SITE2015‐0060 0 0 1 26,934 5% (1,347 SF) 1 0 2/17/2016 4/18/2022 4/21/2022 FINALED 2 Tripp Road 3470 SITE2018‐0015 1 0 0 2,446 23% (571 SF) 1 0 5/13/2019 4/13/2022 4/22/2022 FINALED 3 Fernside Street 1660 SITE2019‐0069 1 0 0 42,402 0.00% 0 0 5/15/2020 3/21/2022 3/28/2022 FINALED4 Roan Place 90 SITE2017‐0013 1 0 0 14,576 0.00% 0 0 10/4/2018 5/4/2022 5/5/2022 FINALED 5 Tripp Road 3577 SITE2017‐0052 1 0 0 37,401 0.004% (172 SF) 1 0 5/23/2018 6/2/2022 6/3/2022 FINALED 6 Woodside Road 3793 SITE2019‐0030 1 0 0 39,016 0.00% 1 1 11/13/2019 10/7/2022 10/13/2022 FINALED 7 Mountain Home Road 151 SITE2019‐0010 1 0 0 24,468 28% (6,845 SF) 1 1 5/30/2019 8/9/2022 8/15/2022 FINALED8 Olive Hill Lane 210 SITE2019‐ 0007;REV2019‐0069
(WELO)
0 0 1 113,583 4.8% (5,419 SF) 1 1 5/28/19;
10/8/19
8/2/2021 8/3/2022 FINALED
9 Greer Road 250 SITE2013‐0018;
REV2022‐0081
(WELO)
1 0 0 53,662 3.3% (1,795 SF) 1 1 5/20/13;
10/11/22
10/12/2022 10/13/2022 FINALED
TOTAL 7 0 2 354,488 Average

4.6%(16,149
SF)
74 Area Subject to
the Ordinance
(Square Feet)
STATUS
Water Efficient Landscape Ordinance (WELO) Reporting ‐ 2022 # Street Name Address No. Discretionary/
Construction Permit
No. of Landscape
Retrofits
% of Turf No. of New
Pools
No. of New
Spas
Permit
Issuance
Date

PERMIT FINAL
DATE (Certificate of
Completion)
Date C of C sent
to Water
Provider
(Landscaping
for new
residential
project)
(Landscaping for
new commercial
project)
Item 3 Page 7
Town Council Meeting January 10, 2023

EXHIBIT A

TOWN OF WOODSIDE
Report to Town Council Agenda Item 4
From: Kevin Bryant, Town Manager January 10, 2023

SUBJECT: RESOLUTION DIRECTING THAT ALL MEETINGS OF THE TOWN COUNCIL,

COUNCIL SUBCOMMITTEES, PLANNING COMMISSION, AND

ARCHITECTURAL AND SITE REVIEW BOARD WILL CONTINUE TO BE

HELD IN HYBRID FORMAT TO ALLOW ATTENDANCE IN PERSON OR

REMOTELY CALIFORNIA PURSUANT TO GOVERNMENT CODE SECTION 54953(e)

RECOMMENDATION
It is recommended that the Town Council adopt the attached resolution, making the findings required under AB 361 (California Government Code Section 54953) to continue holding public meetings of the Town Council, Planning Commission, and Architectural and Site Review Board (ASRB) in “hybrid” format to allow members of those bodies, Town staff, and the public to attend meetings either in person or remotely.

DISCUSSION
On October 12, 2021, October 26, 2021, November 16, 2021, December 14, 2021, January 11, 2022, February 8, 2022, March 8, 2022, March 29, 2022, May 10, 2022, June 14, 2022, July 12, 2022, September 13, 2022, October 11, 2022, and December 13, 2022, the Town Council approved resolutions that made the findings required to continue the Town’s practice of holding public meetings in hybrid format. The Town Council is required to reconsider those findings and decision to continue meeting in hybrid format no less than every thirty (30) days.

By approving the attached resolution, the Council will again make the findings required under Government Code section 54953 to continue meetings that allow remote attendance. Specifically, the attached resolution finds that the Council has reconsidered its decision on hybrid meetings and found that:
1) the state of emergency continues to directly impact the ability of the members to meet safely in person; or
2) State or local officials continue to impose or recommend measures to promote social distancing.

Staff believes that these findings can be made. On February 9, 2022, the San Mateo County Health Officer, in conjunction with health officers from the other Bay Area counties, announced that he would align the County with the State’s masking requirements. While the State subsequently lifted its indoor masking requirements for vaccinated people on February 16, 2022, and for unvaccinated people on March 1, 2022, the California Department of Public Health (CDPH) continues to recommend that all persons, regardless of vaccination status, continue indoor masking in public settings and businesses depending on the community transmission level.

Item 4 Page 1
Town Council Meeting January 10, 2023
The San Mateo County Health Officer made a similar recommendation when announcing the County’s alignment with the State. Specifically, County Health noted that “[c]ontinuing to mask in indoor public settings, especially crowded or poorly ventilated spaces, remains the safest choice for an individual and protects those who are medically vulnerable or are not able to get vaccinated, like our youngest children.” Further, the County recommended that “[p]eople should continue to choose layered prevention strategies, such as wearing well-fitted masks (N95 or double layer cloth over surgical are best); staying home and testing when symptomatic; testing before gatherings; and improving indoor ventilation in situations where these strategies can add protection for themselves and others.”
Currently, the San Mateo County Health Office lists among its strategies for community prevention measures limiting the number of people indoors, maintaining proper ventilation in indoor spaces, and wearing masks. As we are in the cold winter months, ensuring proper ventilation inside Independence Hall is more difficult than during the warmer months.

Continuing to hold hybrid meetings is one of the least disruptive methods the Council can utilize to protect against the ongoing threat of COVID-19 transmission. COVID-19 spreads easily and quickly through airborne droplets, particularly when indoors. While face coverings, testing, and ventilating indoor spaces can reduce transmission, they cannot eliminate the threat. Conducting hybrid meetings allows attendees to fully participate in each meeting without requiring that they gather in the same indoor space. Further, it allows members of public, staff, and members of the Council, Council subcommittees, Planning Commission, or ASRB to participate in meetings even if they have been exposed to COVID-19 or are experiencing symptoms of COVID19.

Should the Council approve the attached resolution, it would continue the Town’s practice of holding all public meetings of the Town Council, Council Subcommittees (if any), Planning Commission, and ASRB in hybrid format for at least another 30 days.

At the time that the Town Council can no longer make the findings required under Government Code section 54953 by majority vote, the Town will return to in-person meetings and any remote participation by a member of the Council, Council subcommittees, Planning Commission, or ASRB will be subject to the standard Brown Act provisions related to remote participation; specifically that notice of the meeting be posted at, and that the public be allowed to attend and participate from, the remote location from which the member of the body is participating.

CONCLUSION
As the California state of emergency in response to COVID-19 remains effective and because the California Department of Public Health and San Mateo County Health Officer recommend face coverings for everyone Item 4 Page 2
Town Council Meeting January 10, 2023
in indoor public locations, staff believes that the Council can make the findings required to continue meeting in hybrid format.

If the Council approves the attached resolution, the Town Council, Council subcommittees, Planning Commission, and ASRB will continue to hold meetings in hybrid format.

Attachments

1. Resolution
Item 4 Page 3
Town Council Meeting January 10, 2023
ATTACHMENT 1

RESOLUTION
Item 4 Page 4
Town Council Meeting January 10, 2023
RESOLUTION NO.____________

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE DIRECTING THAT

ALL MEETINGS OF THE TOWN COUNCIL, COUNCIL SUBCOMMITTEES, PLANNING

COMMISSION, AND ARCHITECTURAL AND SITE REVIEW BOARD WILL CONTINUE TO

BE HELD IN HYBRID FORMAT TO ALLOW ATTENDANCE IN PERSON OR REMOTELY CALIFORNIA PURSUANT TO GOVERNMENT CODE SECTION 54953(e) WHEREAS, on March 4, 2020, the Governor declared a state of emergency in response to the COVID-19 pandemic and California remains in a declared state of emergency; and
WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20, temporarily suspending certain provisions of the Ralph M.

Brown Act to allow local agencies to hold public meetings teleconference; and
WHEREAS, through subsequent Executive Orders, local agencies were able to continue holding public meetings by teleconference through September 30, 2021; and
WHEREAS, on an emergency basis, on September 16, 2021, the State adopted AB 361, codified at California Government Code Section 54953, which allows local agencies to continue meeting by teleconference under certain circumstances and after making certain findings; and WHEREAS, on September 13, 2022, the State adopted AB 2449, which recast the provisions of Government Code 54953 originally adopted through AB 361 related to meeting remotely during the duration of the declared state of emergency; and
WHEREAS, the Town Council, Planning Commission, and Architectural and Site Review Board (ASRB) have met by video conference since March 2020 and have found it to be an effective method of receiving public input, holding deliberations, and conducting the general business of Town; and
WHEREAS, as of August 31, 2021, the Town Council, Planning Commission, and ASRB have held “hybrid meetings,” which allow members of those bodies, Town staff, and the public to attend either in person or remotely by video conference; and
WHEREAS, the hybrid meeting model allows each individual attendee of the meeting to assess his or her own risk, and the risk he or she may pose to others, based on vaccination status, health conditions, age, or any other factor which may dissuade a person from attending an in-person meeting; and
WHEREAS, the hybrid meeting model also provides those that wish to attend meetings in-person the ability to do so; and
WHEREAS, the California Department of Public Health (CDPH) and San Mateo County Health Officer lifted their respective indoor mask requirements on February 16, 2022, but still recommend that people Item 4 Page 5
Town Council Meeting January 10, 2023
wear masks when in indoor public settings, depending on personal risk factors and community transmission level; and
WHEREAS, the San Mateo County Health Officer continues to recommend additional strategies to prevent transmission of the COVID19 virus, including staying home and testing when symptomatic, testing before gatherings, and improving indoor ventilation; and WHEREAS, on October 12, 2021, the Town Council considered the imminent risk to the health and safety of attendees at in-person meetings and the distancing measures required and recommended by Federal, State, and local health officials; and
WHEREAS, after such consideration, the Town Council directed by resolution adopted on October 12, 2021 that all meetings of the Town Council, Council subcommittees, Planning Commission, and ASRB would continue to be held in hybrid format; and
WHEREAS, the Town Council reconsidered this action at its October 26, 2021, November 16, 2021, December 14, 2021, and January 11, 2022, February 8, March 8, 2022, March 29, 2022, May 10, 2022, June 14, 2022, July 12, 2022, September 13, 2022, October 11, 2022, and December 13, 2022, meetings and, by resolutions approved at each of those meetings, directed that all meetings of the Town Council, Council subcommittees, Planning Commission, and ASRB would continue to be held in hybrid format; and
WHEREAS, the Town Council has again reconsidered its direction to meet in hybrid format and finds that meeting in hybrid format continues to be necessary due to the ongoing threat of COVID-19.

NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Woodside does find and declares as follows:

1. The Town Council has reconsidered its determinations made by resolutions dated October 12, 2021, October 26, 2021, November 16, 2021, December 14, 2021, January 11, 2022, February 8, 2022, March 8, 2022, March 29, 2022, May 10, 2022, June 14, 2022, July 12, 2022, September 13, 2022, October 11, 2022, and December 13, 2022, that meetings of the Town Council, Council subcommittees, Planning Commission, and ASRB should continue to be held in hybrid format to allow participation in person or remotely; and

2. The state of emergency related to the COVID-19 pandemic continues to directly impact the ability of the members to meet safely in person; and

3. The California Department of Public Health and the San Mateo County Health Officer both state that face coverings in indoor public settings and other social distancing measures can prevent COVID-19 transmission; and

4. Holding meetings in person creates an imminent risk to the health and safety of attendees; and

5. Holding hybrid meetings will reduce the possibility of COVID-19 transmission during those meetings by allowing those who are atrisk or potentially suffering COVID-19 symptoms to participate in Item 4 Page 6
Town Council Meeting January 10, 2023
meetings without physically attending.

NOW, THEREFORE BE IT FURTHER RESOLVED, that the Town Council of the Town of Woodside directs that, for at least the next thirty days, at which time or as soon thereafter as the Council shall meet, the Council will review whether this action remains necessary to protect the health and safety of meeting attendees, the Town Council, any subcommittees of the Town Council, the Planning Commission, the ASRB, and any other Town body meeting pursuant to the Ralph M. Brown Act shall hold their meetings in hybrid format, offering attendees both in-person and videoconference/teleconference access. Any public comment period during any such meeting shall be taken in the same form and fashion from in-person and remote attendees. If at any time during any such meeting the ability to broadcast the meeting and accept public comments from remote attendees through
videoconference/teleconference is disrupted, the body holding the meeting shall recess until the disruption is resolved or continue the meeting to a later date when videoconference/teleconference participation can be restored.

Passed and adopted by the Town Council of the Town of Woodside, California, at a meeting thereof held on the 10th day of January, 2023, by the following vote of the members thereof:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
___________________________________
Mayor of the Town of Woodside
ATTEST:
______________________________
Clerk of the Town of Woodside
Item 4 Page 7
Town Council Meeting January 10, 2023

TOWN OF WOODSIDE
Report to Town Council Agenda Item 5
Prepared by: Melissa Cardinale, Asst to the Town Mgr. January 10, 2023 Approved by: Kevin Bryant, Town Manager
SUBJECT: RESOLUTION REDUCING THE QUORUM FOR MEETINGS OF THE WOODSIDE

ARTS AND CULTURE COMMITTEE

RECOMMENDATION
It is recommended that the Town Council adopt the attached resolution modifying the quorum of the Woodside Arts and Culture Committee.

BACKGROUND AND DISCUSSION
The Woodside Arts and Culture Committee currently has a total of fifteen committee positions with one committee vacancy. Some months, the Committee is unable to establish a quorum to hold meetings. The current quorum to hold a meeting is seven.

At its regular meeting on October 13, 2022, the Woodside Arts and Culture Committee discussed, and then voted to request that the Town Council define a quorum as six members.

CONCLUSION
The Town Council periodically changes the operational characteristics of of citizen advisory committees. The attached resolution would modify the operation of the Woodside Arts and Culture Committee.

ATTACHMENT

1. Resolution
Item 5 Page 1
Town Council Meeting January 10, 2023
RESOLUTION NO. 2023 - _____

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE MODIFYING

QUORUM REQUIREMENTS FOR THE WOODSIDE ARTS AND CULTURE COMMITTEE WHEREAS, the Woodside Arts and Culture Committee strengthens multigenerational community involvement within the Town by initiating, sponsoring and celebrating local art, creativity and culture activities; and
WHEREAS, the membership size and the establishment of a quorum of all of the Town’s citizen advisory committees is adjusted from time to time, based upon individual circumstances; and
WHEREAS, the Woodside Arts and Culture Committee currently has fourteen appointed members and one vacant seat; and WHEREAS, on October 13, 2022, the Woodside Arts and Culture Committee voted to request that the quorum for the Woodside Arts and Culture Committee be reduced to six members.

NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Woodside does hereby establish that the quorum of the Woodside Arts and Culture Committee for purposes of undertaking committee business is set at six members.
* * * * * *
Passed and adopted by the Town Council of the Town of Woodside, California, at a meeting thereof held on the 10th day of January, 2023, by the following vote of the members thereof:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
___________________________________
Mayor of the Town of Woodside
ATTEST:
______________________________
Clerk of the Town of Woodside
Item 5 Page 2
Town Council Meeting January 10, 2023

TOWN OF WOODSIDE
Report to Town Council Agenda Item 6_
Prepared by: Melissa Cardinale, Asst. to the Town Mgr. January 10, 2023 Approved by: Kevin Bryant, Town Manager

SUBJECT: RESOLUTION IN SUPPORT OF REOPENING THE MACK E. MICKELSON

ARTHRITIS AND REHABILITATION CENTER THERAPY POOL FOR COMMUNITY

USE AT THE MILLS HEALTH CENTER IN SAN MATEO, CALIFORNIA

RECOMMENDATION
It is recommended that the Town Council review and discuss whether to adopt the attached resolution in support of reopening the Mack E.

Mickelson Arthritis and Rehabilitation Center Therapeutic Pool for community use at the Mills Health Center in San Mateo, California.

DISCUSSION
The Mack E. Mickelson Arthritis and Rehabilitation Center Therapeutic Pool is a wheelchair accessible, warm water pool used by seniors and people with chronic pain or disabilities for 25 years. Sutter Health closed the facility in March 2020 as a result of the COVID-19 pandemic; however, in June 2021, Sutter Health announced that the pool would be permanently closed to community use. The closure has left hundreds of vulnerable individuals without access to warm water therapy that they had come to rely on for many years. Since 2021, a group of pool users has formed a 501(c)(3), Warm Water Wellness, Inc., to advocate for the reopening of the pool. Representatives of the group reached out to the Town Council by email on August 19, 2021, and spoke during Public Comment at the September 27, 2022 Town Council meeting, asking the Town Council to agendize a resolution in support of reopening the pool.

The following cities have adopted resolutions in support of reopening the pool: Atherton, Belmont, Brisbane, Burlingame, Colma, Daly City, East Palo Alto, Foster City, Half Moon Bay, Hillsborough, Menlo Park, Millbrae, Pacifica, San Bruno, San Carlos, San Mateo, and South San Francisco. Should the Town Council adopt the attached resolution, it will be forwarded to Sutter Health’s Chief Executive Officer, Janet Wagner. The content of the attached resolution is based on the template provided by Warm Water Wellness, Inc.

CONCLUSION

Warm Water Wellness, Inc. contacted the Town and provided the resolution template for Town Council consideration. It is recommended that the Town Council review and discuss whether to support the effort through adoption of the attached resolution in support of reopening the Mack E. Mickelson Arthritis and Rehabilitation Center Therapeutic Pool for community use at the Mills Health Center in San Mateo, California.

Item 6 Page 1
Town Council Meeting January 10, 2023

ATTACHMENTS

1. Resolution
Item 6 Page 2
Town Council Meeting January 10, 2023
RESOLUTION NO. 2023 - _____

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE IN SUPPORT OF REOPENING THE MACK E. MICKELSON ARTHRITIS AND REHABILITATION

CENTER THERAPY POOL LOCATED AT THE MILLS HEALTH CENTER IN SAN

MATEO CALIFORNIA
WHEREAS, the Mack E. Mickelson Arthritis and Rehabilitation Center Therapy Pool (“Mickelson Therapy Pool”) is an Americans With Disabilities Act-accessible warm water therapy pool operated by Sutter Health and located at the Mills Health Center, in San Mateo, California; and
WHEREAS, the Mickelson Therapy Pool was constructed over 25 years ago using charitable contributions from residents of San Mateo County; and
WHEREAS, for over 25 years, thousands of residents of San Mateo County who suffered, and many who continue to suffer, from health issues including permanent disabilities, debilitating injuries, autoimmune disorders, surgery, and mobility
impairments, as well as pregnant women, used the Mickelson Therapy Pool to exercise, rehabilitate health issues, and mitigate physical decline; and
WHEREAS, both intervention and prevention are equally
critical components of an equitable and effective healthcare system; and
WHEREAS, Mickelson Therapy Pool’s ability to provide both preventative and interventionist therapies to residents of San Mateo community suffering from health issues makes it an asset to the community at large and even more so to elderly residents and residents with mobility impairments; and
WHEREAS, notwithstanding the COVID-19 pandemic, Sutter
Health, its subsidiaries, and its employees receive significant financial benefits for providing healthcare services in San Mateo County from both public and private contracts; and
WHEREAS, in January 2020, Sutter Health substantially
decreased the hours during which the Mickelson Therapy Pool was accessible to community members who relied upon its availability to maintain their health; and
WHEREAS, in March 2020, as a result of the COVID-19 pandemic, Sutter Health ceased operating the Mickelson Therapy Pool; and Item 6 Page 3
Town Council Meeting January 10, 2023
WHEREAS, in June 2021, Sutter Health publicly announced its intent to permanently close the Mickelson Therapy Pool; and WHEREAS, as a direct result of Sutter Health's decision to close the Mickelson Therapy Pool, residents of San Mateo County who previously relied upon the Mickelson Therapy Pool to treat and prevent significant health issues are now suffering from acute and chronic physical pain and mental anguish which, in turn, decreases the independence of those residents and impacts their ability to live with dignity; and
WHEREAS, over 4,800 patients, caregivers, and community members have signed a petition to reopen the Mickelson Therapy Pool to increase the health, independence, and dignity of those residents who rely upon it; and
WHEREAS, there is also an apparent and growing need for the Mickelson Therapy Pool and the services it provides due to San Mateo County's rapidly increasing number of elderly residents who are highly likely to suffer from the health issues noted above, among others; and
WHEREAS, there are no comparable warm water therapy pools that can adequately accommodate the residents of San Mateo County who previously relied upon the Mickelson Therapy Pool; and WHEREAS, any temporary plan to route former Mickelson Therapy Pool users to another warm water therapy pool outside of San Mateo County will not benefit a significant number of former users with significant mobility impairments that limit those users' abilities to travel; and
WHEREAS, estimates provided by Sutter Health suggest that reopening the Mickelson Therapy Pool with any required repairs or upgrades would cost approximately $250,000.00;
WHEREAS, warm water therapy pools in the region can and do operate profitably and safely under relevant COVID-19
regulations; and
WHEREAS, Peninsula Health Care District, Sequoia Healthcare District, and the County of San Mateo have expressed willingness to assist with the cost of restoring and operating the Mickelson Pool for the benefit of their residents; and
Item 6 Page 4
Town Council Meeting January 10, 2023
WHEREAS, Sutter Health received $853 million in federal funding under the CARES Act, one purpose of which was for “retrofitting facilities” [https://calhospital.org/faqs-federalfunding-general/] such as the Mickelson Therapy Pool, as well as staffing, but claimed that financial considerations and COVID in general justified the facility closure; and
WHEREAS, it has been affirmed by the San Mateo County
Environmental Health Department that “Therapeutic pools were exempt from any closures… [and] have been allowed to provide access during COVID and the present”.

NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Woodside hereby calls upon Sutter Health to promptly reopen the Mack. E. Mickelson Arthritis and Rehabilitation Center Therapy Pool for those community members who have historically relied upon and benefited from the warm water therapy it provided so that they may continue to live health, vibrant, and independent lives.

BE IT FURTHER RESOLVED, that the Town Council of the Town of Woodside urges Sutter Health to take advantage of the offer from the Peninsula Health Care District, Sequoia Healthcare District, and the County of San Mateo to engage in meaningful dialogue regarding funding for repairs and operations so that the pool may be reopened at the earliest possible date.
* * * * * *
Passed and adopted by the Town Council of the Town of
Woodside, California, at a meeting thereof held on the 10th day of January, 2023, by the following vote of the members thereof:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
___________________________________
Mayor of the Town of Woodside
ATTEST:
______________________________
Clerk of the Town of Woodside
Item 6 Page 5
Town Council Meeting January 10, 2023

TOWN OF WOODSIDE
Report to Town Council Agenda Item 7
Prepared by: Melissa Cardinale, Asst to the Town Mgr. January 10, 2023 Approved by: Kevin Bryant, Town Manager
SUBJECT: RESOLUTION DECLARING SATURDAY, MAY 6, 2023, AS MAY DAY AND

REQUESTING APPROVAL FROM THE STATE DEPARTMENT OF

TRANSPORTATION FOR THE WOODSIDE SCHOOL PTA TO HOLD A PARADE AND THE WOODSIDE RECREATION COMMITTEE TO HOLD A “FUN RUN” ON A STATE HIGHWAY.

RECOMMENDATION
It is recommended that the Town Council adopt the attached resolution which declares Saturday, May 6, 2023, as May Day and requests the State Department of Transportation’s permission to hold a parade and fun run on a State Highway.

DISCUSSION
The Woodside School PTA will once again be sponsoring the annual May Day parade on May Day, the first Saturday of May, from 10:00 – 11:30 a.m.

Additionally, the Woodside Recreation Committee sponsors a “Fun Run” on May Day from 8:30 – 9:30 a.m., in tandem with the PTA’s activities.

This year the events will take place on Saturday, May 6 th. The May Day
Parade and Fun Run require the closure of Woodside Road (State Highway 84) from Kings Mountain Road to Cañada Road. The Town coordinates the planning and execution of the required detour with the State and the San Mateo County Sheriff’s Department.

To receive formal permission from CalTrans for these events to take place, the Town Council must first provide its own approvals and subsequently a request will be forwarded to the State for its consideration.

CONCLUSION
It would be appropriate for the Town Council to adopt the attached resolution, granting its approval for the events and requesting approval from the State. Following adoption of the resolution, the Sheriff's Department and CalTrans will be contacted for their approvals.

Attachment

1. Resolution
Item 7 Page 1
Town Council Meeting January 10, 2023
RESOLUTION NO. 2023 –

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE DECLARING SATURDAY, MAY 6, 2023, MAY DAY AND REQUESTING APPROVAL FROM THE STATE

DEPARTMENT OF TRANSPORTATION FOR THE WOODSIDE SCHOOL PTA TO HOLD A PARADE AND THE WOODSIDE RECREATION COMMITTEE TO HOLD A “FUN RUN” ON A

STATE HIGHWAY
WHEREAS, the Parent/Teachers Association of the Woodside School District has requested the Council to designate Saturday, May 6, 2023, as May Day and to procure necessary approval to allow a parade to be held and conducted on May 6, 2023, by said PTA upon a portion of Woodside Road (State Highway Route 84); and
WHEREAS, the Woodside Recreation Committee has requested approval of a Fun Run to be held prior to the parade along a portion of Woodside Road; and
WHEREAS, the Council must secure permission from the Department of Transportation of the State of California before such a parade and run may be held.

NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED AS FOLLOWS:

1. Saturday, May 6, 2023, is hereby declared to be May Day in the Town of Woodside.

2. The Council does hereby grant permission to the PTA of the Woodside School District to hold and conduct a parade and permission to the Woodside Recreation Committee to hold and conduct a Fun Run, on May Day, May 6, 2023, in and upon a portion of Woodside Road (State Route 84) provided that permission therefor is also given by the Department of Transportation of the State of California.

3. The Council does hereby request the Department of
Transportation of the State of California to grant permission to the PTA of said school to hold and conduct a parade between the hours of 10:00 a.m. and 11:30 a.m., and to the Woodside Recreation Committee to hold and conduct a Fun Run between the hours of 8:30 a.m. and 9:30 a.m., in and upon that portion of Woodside Road (State Route 84) between its intersections with Miramontes Road and Cañada Road, all within the territorial limits of the Town of Woodside.

4. The Council does hereby order that the local police will control or detour public traffic as may be necessary for the safe and expeditious movement of public traffic and for the safety of the participants in the parade.

5. Certified copies of this resolution, together with other necessary transmittal documents, are directed to be forwarded to the appropriate State and County offices and officials.
* * * * * *
Item 7 Page 2
Town Council Meeting January 10, 2023
PASSED AND ADOPTED by the Town Council of the Town of Woodside, California, at a meeting thereof held on the 10th day of January 2023, by the following vote of the members thereof:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers:

______________________________ Mayor of the Town of Woodside

ATTEST:
_____________________________
Clerk of the Town of Woodside
Item 7 Page 3
Town Council Meeting January 10, 2023

TOWN OF WOODSIDE
Report to Town Council Agenda Item A_
From: Kevin Bryant, Town Manager January 10, 2023

SUBJECT: ORAL REPORT FROM STAFF/CONSULTANT ON MEETING WITH STATE

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) STAFF

Town Staff and its Housing Element consultant had a meeting with staff of the State Department of Housing and Community Development (HCD) on January 5, 2023. Staff and the Housing Element consultant will provide an oral report on the meeting.

ATTACHMENTS

1. Email from Councilmember Goeld, January 3, 2023
a. “Why new California zoning law hasn’t led to more housing,” Sacramento Bee, January 1, 2023
b. California Housing Starts
Item A Page 1
Town Council Meeting January 10, 2023
From: Paul Goeld
To: Jennifer Wall; Brian Dombkowski; Richard Brown; Chris Shaw; Paul Goeld; Ned Fluet Cc: Kevin Bryant; Town Attorney; Jennifer Li
Subject: Sacramento Bee: Why new California zoning law hasn"t worked Date: Tuesday, January 03, 2023 2:20:34 PM
Attachments: Why new California zoning law hasnt worked.pdf Cal housing starts.pdf
[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.

Two attachments for your consideration.

1. An article from Sunday’s Sacramento Bee that is relevant to Housing Element discussions.

2. A PDF showing a graph of California’s historic housing starts since 1980. I have manually expanded the graph for an additional 10 years and added two red lines showing where California’s HCD is projecting/demanding housing starts. The lower red line represents 1.8 million housing units over eight years; the upper red line represents 2.4 million housing units over eight years. The graph reveals how incredibly unrealistic HCD’s demands are – especially in light of the recession, interest rates, the housing market crash, a stunning reduction in housing starts over the last year, and the lack of building materials and labor.

This information can be included in the Town Council packet or provided as handouts if the Mayor and Town Attorney feel it is appropriate.

Best.

Paul Goeld
Item A Page 2
Town Council Meeting January 10, 2023
Why new California zoning law hasn’t led to more housing California eliminated single-family zoning to encourage more housing. Why it hasn’t worked

BY MAGGIE ANGST
UPDATED JANUARY 01, 2023 4:36 PM
ELIZABETH OLSON PLAYS WITH HER FOUR-YEAR-OLD SON LUCAS IN THEIR BACK YARD EARLIER THIS MONTH. SHE WANTS TO BUILD AN ADDITIONAL UNIT ON THE PROPERTY, ENCOURAGED BY SB 9, BUT HAS NOT BEEN ABLE TO AFFORD THE CONSTRUCTION COSTS. “FINANCIALLY, IT JUST DOESN’T PENCIL OUT RIGHT NOW,” SHE SAID. HECTOR AMEZCUA [email protected]
Elizabeth Olson purchased her ranch-style home on a large corner lot in Sacramento’s South Land Park neighborhood with the dream of building a separate unit on the property for her aging relatives.

A new state law took effect at the start of 2022 making it easier for homeowners like Olson to construct additional units on their single residential lots. Olsen, a single mother who lives with her 4-year-old son Lucas, her aunt and her aunt’s partner, felt like the chips were falling into place.

Nearly a year later, she said she feels farther away than ever from making it happen. After accounting for California’s exorbitant construction costs and interest rates, she estimates that it would take 10 to 15 years to pay off the project — even if she were charging her relatives rent. “Nothing has changed in terms of my desire to do this, but I just haven’t been able to make any progress on it,” Olson said. “Financially, it just doesn’t pencil out right now.” Item A Page 3
Town Council Meeting January 10, 2023
The state does not have centralized data on the number of SB 9 projects that have been proposed or approved. Cities are required to begin reporting such figures starting next year. However, a Sacramento Bee survey found that participation in the Sacramento and Central Valley regions has been low, if existent at all.

The cities of Davis, Stockton, Modesto, Merced and Bakersfield have not received a single application.

Fresno has one. Three applications were submitted in Elk Grove, though one was deemed ineligible because it was located in a designated wetland, which is exempt under the law.

Using state regulations enacted prior to SB 9, the city of Sacramento has successfully encouraged homeowners to build accessory dwelling units (ADUs) on their properties. The city allows up to two ADUs totaling 1,200 square feet on a parcel that already has a primary residential structure. After streamlining the permitting process for the units, the number of ADUs built in the city has doubled in recent years.

But under SB 9, the city has not yet seen the same enthusiasm. Although the city moved to eliminate single-family zoning ahead of the statewide measure, Sacramento homeowners have only submitted 17 applications for lot splits and additional units, of which 13 have preliminary approval. Only one of those applicants has received a building permit but no construction has begun, according to city records.

Experts say narrow interest in the law is due to a combination of factors: high-interest rates and construction costs, regulatory loopholes and efforts by communities to limit the feasibility of small developments.

Lee Ohanian, an economics professor at UCLA and senior fellow at the Hoover Institute, said he doubts that SB 9 will ever become the solution to California’s housing crisis that some had hoped for. “I think the people who had been pushing for this for so long were just glad to get it through,” Ohanian said, “but it really ends up being much ado about nothing.” WHAT IS SB 9, CALIFORNIA’S HOUSING DENSITY LAW?
SB 9, enacted last Jan. 1, spelled the end of single-family zoning in California. It opened the door for the construction of up to four units on lots that were previously limited to a single home. Property owners can split a single-family residential lot into two and add a second home. Used to the fullest extent, the law allows owners to split their lots into two and place duplexes on each portion.

The legislation marked a historic shift from the land use classification that defined the American suburb, born from the mindset that each residential lot should come with a stand-alone home on a peaceful street with plenty of elbow room and green space.

But beneath that suburban idyll were often exclusionary housing practices. In California and across the country, single-family zoning was a means of barring lower-income residents and people of color from living in neighborhoods with good schools and other public services.

In SB 9, supporters saw a promising way to boost the state’s housing stock, curb sprawl and open up communities to those previously excluded. Yet, the “one-size-fits-all” changes stoked fear in homeowners who worried it would lead to falling property values, parking shortages and a diminished neighborhood character.

Item A Page 4
Town Council Meeting January 10, 2023
To overcome the opposition, lawmakers gave localities the power to implement the law using their own “objective design standards” and additional restrictions. They also added a requirement that the homeowner must live in one of the units for at least three years. The mandate, designed to prevent widespread up-zoning by developers, also diminished the pool of eligible applicants.

According to Ohanian, that’s where the problems started. “It was effectively whittled down during negotiations in the Senate to the point where what was passed was the housing equivalent of a footnote,” he said.

A midcentury modern accessory dwelling unit built in Santa Monica in January 2020 is based on a blueprint pre-approved by the city of Los Angeles. The ADU features a studio design with a kitchen and bathroom in 320 square feet. The estimated cost for constructing the design is $120,000 to $147,000, depending on site conditions, options and other factors. Carolyn Cole Los Angeles Times file via TNS

RESTRICTIONS SET BY CITIES INHIBIT STATE LAW
Cities across the state have used the broad leeway baked into the law to impose stricter — and often expensive — requirements that make it more difficult to build.

The most notorious example is the wealthy Silicon Valley city of Woodside, which designated itself a mountain lion sanctuary. Pasadena, in the Los Angeles suburbs, tried to exempt a large portion of the city by declaring the area as a “landmark district.” Both backed down after Attorney General Rob Bonta threatened to take legal action.

California housing and YIMBY (Yes In My Backyard) advocates have found dozens of jurisdictions implementing requirements for parking, open space, height and size, setbacks and affordability designed to circumvent SB 9
The city of Sonoma, for instance, requires homeowners to make one of the units affordable and to pay a housing impact fee. This goes against the conventional practice where cities exempt impact fees on lowincome housing to help make it financially feasible.

Opposition at the local level, along with high inflation and interest rates in 2022, has limited the law’s full potential, according to Matthew Lewis, director of communications for CA Yimby. He hopes that with time and potential tweaks, it will prove more effective. “As interest rates come down and we see the pressure build because of the crushing housing shortage we’re in, I think you’re going to see more and more homeowners say ‘I would like to do this,’ ‘I need to do this’ and ‘I’m going to take advantage of this,’” Lewis said.

Lawmakers have not yet indicated they have any plans to strengthen the legislation.

THE FULL EFFECT OF SB 9 REMAINS TO BE SEEN
The limited effectiveness of SB 9 isn’t necessarily surprising.

Shortly before it was passed, a study by the Terner Center for Housing Innovation at UC Berkeley estimated that just 5.4% of the state’s single-family lots had the potential to be developed under Item A Page 5
Town Council Meeting January 10, 2023
the legislation. At most, it would pave the way for fewer than 700,000 new housing units — not inconsequential but also nowhere near Newsom’s goal of building 3.5 million units by 2025.

Nevertheless, both supporters and critics say that it’s too soon to predict the full effects of the measure.

Opponents of SB 9 initially pushed lawmakers to reject it on the grounds that it would destroy the quality of life in single-family neighborhoods. After the Assembly passed the bill in August 2021, Our Neighborhood Voices, a statewide group, started gathering signatures for a November 2022 ballot initiative aimed at giving communities the power to override state zoning and land-use regulations. The group later withdrew the measure with the intent of bringing it to voters in 2024.

A sign stands in front of a home in Land Park in April 2021, opposing an “upzoning” proposal that was passed by the Sacramento City Council. Senate Bill 9, which passed later in the year, eliminated traditional single-family home zoning statewide, allowing higher density housing to be built on those parcels. Nathaniel Levine Sacramento Bee file
Sachiko Konatsu, president of the Natomas Community Association in Sacramento and a critic of SB 9, said she continues to worry about the negative results of potentially “packing more units into existing single-family neighborhoods.”
“What we do know is that SB 9 cuts out public input, so neighbors will not even be informed about these projects,” Konatsu said.

Sen. Toni G. Atkins, D-San Diego, who authored the bill, said she’s still convinced that SB 9 will offer the “opportunity for measured, gradual change over time.” “At the end of the day, this law is one tool in the toolbox of housing solutions to help create more affordable housing and more generational wealth for California families, and that is going to take time,” Atkins said in a statement.

Building off of SB 9, two new housing laws were passed earlier this year to provide developers with an easier pathway to building on underutilized commercial sites currently occupied by parking lots, big box stores and office space.

As for Olson, she isn’t giving up on her aspirations for two separate units on her property, providing both her and her son and her aunt and aunt’s partner with their own private spaces. And for those who may be opposed to the new law, she welcomes a conversation.
“I think that people consider their own situations exceptional. And then, you know, don’t want to extend that understanding beyond their situation,” Olson said. “It’s not families that are fundamentally going to change the neighborhood, it’s developers.
“And for us, this is really our only shot at sanity.”
This story was originally published December 28, 2022 5:00 AM Item A Page 6
Town Council Meeting January 10, 2023
240,000
270,000
300,000
330,000
Item A Page 7
Town Council Meeting January 10, 2023
From: Jennifer Li
To: Council Members
Subject: FW: Video Camera on Southgate in woodside Heights Date: Tuesday, January 10, 2023 4:27:46 PM
Desk Item for tonight - Item B
-----Original Message-----
From: Anne Kasten < >
Sent: Tuesday, January 10, 2023 4:26 PM
To: Jennifer Li <[email protected]>
Subject: Video Camera on Southgate in woodside Heights
[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.

We must have a camera on this street as well as the other two that provide ingress and egress from our neighborhood- Northgate and Stockbridge.

If we do not have ALL of those points covered we are, in essence, defenseless.

Southgate is the first street into our neighborhood from Woodside Road heading towards Redwood City.

It is heavily used.

I Implore you to add this to the order.

Anne Kasten
Former Mayor

TOWN OF WOODSIDE
Report to Town Council Agenda Item B
Prepared by: Melissa Cardinale, Asst to the Town Mgr. January 10, 2023 Approved by: Kevin Bryant, Town Manager
SUBJECT: RESOLUTIONS (1) ADOPTING AN AUTOMATED LICENSE PLATE READER (ALPR) USAGE AND PRIVACY POLICY AND (2) APPROVING AMENDMENT

TWO TO THE AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN

THE COUNTY OF SAN MATEO AND THE TOWN OF WOODSIDE

RECOMMENDATION
Staff recommends that the Council review and adopt the attached draft resolutions which would adopt an Automatic License Plate Reader (ALPR) Usage and Privacy Policy (ALPR Policy) and approve Amendment Two to the Agreement for Law Enforcement Services Between the County of San Mateo and the Town of Woodside in order to implement the use of ALPRs in Woodside.

BACKGROUND
NOTE: This item was continued from the December 13, 2022 Town Council meeting.

On July 26, 2022, the Town Council authorized the Town Manager, upon the successful negotiation of terms, to execute a professional services agreement with Flock Group, Inc. (Flock) to procure up to twenty (20) automatic license plate readers (ALPRs) and associated software, equipment, and support services. The staff report for the July 26, 2022 meeting is at https://bit.ly/3EZsV2j. Since that time, staff and Councilmember Wall have successfully negotiated contract terms with Flock (Attachment 1). With the conclusion of those negotiations, the Council is now asked to review and approve the ALPR Policy attached to this staff report as Attachment 2. Public review of the Policy is required by California Civil Code Section 1798.90.55 (Attachment 3).

DISCUSSION
Summary of Agreement for Professional Services with Flock Below is a summary of the terms of the contract with Flock (Attachment 1).

1. Term: Initial Term – 1 year
Extended Term – up to 4 additional years

2. Compensation: Initial Term – $61,000
Extended Term – $52,500 per year

3. Services Provided by Flock: Flock will provide a software and hardware solution for automatic license plate readers (ALPRs) through Flock’s technology platform to enable the capture of Item B Page 1
Town Council Meeting January 10, 2023
still images of vehicles including the make, color, license plate, roof racks and bumper stickers (Footage). Town, through its contract for law enforcement services with the San Mateo County Sheriff’s Office, has agreed to provide the Sheriff’s Office with access to the Footage to view, search, and archive the Footage and to receive notifications via email or SMS to facilitate gathering of evidence for use in bona fide law enforcement investigations.

Flock will also provide Town with a Transparency Portal dashboard which will allow Town to share policies, usage, and public safety outcomes related to ALPR technology in an effort to promote transparency and return on investment by providing access to usage policies, usage statistics, search audit reports, solved crime information, and additional data points in a customizable online portal. Town will control the type of information shared publicly through the Transparency Portal.

4. Installation and Maintenance: Flock will install and maintain a maximum of twenty (20) ALPRs at Town designated locations in the Town right-of-way and remove this equipment at the expiration of the contract.

5. Operation of the ALPR System: The ALPRs will operate 24 hours a day, 7 days per week, and 365 days per year. ALPRs shall not be installed and used in areas where there is a reasonable expectation of privacy, such as on private property not readily visible from public right of ways, and shall not be used to harass, intimidate, or discriminate against any individual or group.

6. Deletion of Footage: Flock will delete Footage older than thirty (30) days. Exception: Footage subject to court ordered retention.

7. Audit: Flock will provide Town with the capability and tools to conduct audit assessments including but not limited to network audit trails and the Transparency Portal, to ensure the Sheriff’s Office is complying with the Town’s Automated License Plate Reader Usage and Privacy Policy.

8. Insurance and Indemnity: Flock will maintain insurance in the standard amounts required by the Town for all professional service providers and will indemnify, defend and hold the Town harmless from claims made as result of its services.

9. Dispute Resolution: Flock and the Town will engage in mediation of any and all disputes arising during the term of the contract.

If disputes cannot be resolved by mediation, litigation may be filed. Venue for litigation is San Mateo County.

Automated License Plate Reader (ALPR) Usage and Privacy Policy At the June 14, 2022 Town Council meeting, the Town Council reviewed a draft ALPR Policy and determined that the ALPR Policy should not be Item B Page 2
Town Council Meeting January 10, 2023
finalized until a contract with a vendor was finalized so as to ensure that the contract with the ALPR vendor and the Town’s ALPR Policy would be in alignment.

With terms now finalized for the contract with Flock Group, Inc., the Town Council is asked to provide an opportunity for public input on the draft policy and to adopt the resolution approving the ALPR Policy shown in Attachment 2. The ALPR Policy’s terms align with the Flock contract (Attachment 1). Since the December 13, 2022 Town Council meeting, staff has revised the ALPR Policy to include additional requirements for data audits and annual reporting. The San Mateo County Sheriff’s Office and the San Mateo County Counsel have reviewed this draft ALPR Policy and have no suggested changes.

There are three specific provisions in the draft ALPR Policy on which staff seeks input from Council:

1. Sharing of Data:

The draft Policy at Section 8 provides that the Sheriff is authorized to share Town ALPR Data with other law enforcement agencies defined as “an agency charged with maintaining public safety and enforcing federal law or California law.” Staff has made repeated inquires to the San Mateo County Sheriff’s Office to determine which agencies they routinely share information with. The only information that they have given us is that they share with “local county and municipal law enforcement in the Bay Area.” Town Council direction is needed on whether it wishes to define the agencies that the Town’s information will be shared with in a more specific way. A representative from the Sheriff’s Office will be attending the meeting and the Town Council can ask additional questions of the Sheriff’s Office on their practices.

2. Retention Period:

The Town’s contract with Flock provides that ALPR Data will be retained for thirty (30) days. This is the standard retention period offered by Flock for its customers. The contract provides for longer retention periods if the ALPR Data is needed for a pending criminal investigation or a court order compels a longer retention period. The Town Council can, if it wishes, instruct that the standard retention period be greater than thirty (30) days.

3. Locations of ALPR cameras:

The map, attached as Attachment A to the draft ALPR Policy, shows 20 proposed locations identified by Flock’s deployment specialist who has analyzed solar feasibility for each location. The proposed locations, all of which are in the public right of way, are as follows:

1. Cañada Road @ Palm Circle Road – Southbound

2. Jefferson Avenue @ W California Way – Westbound
Item B Page 3
Town Council Meeting January 10, 2023

3. Farm Hill Boulevard @ 280 – Northbound

4. Woodside Drive @ Fernside Street – Westbound

5. Harcross Road @ Fernside Street – Westbound

6. Woodside Road @ Northgate Drive – Eastbound

7. High Road @ Woodside Road – Northbound

8. Northgate Drive @ Woodside Road – Southbound

9. Stockbridge Avenue @ Alameda de las Pulgas – Westbound

10. Whiskey Hill Road @ Sand Hill Road – Northbound

11. Portola Road @ Hayfields Road – Northbound

12. La Honda Road @ Friars Lane – Northbound

13. Kings Mountain Road @ Josselyn Lane – Southbound

14. Woodside Road @ Hobart Heights Road – Westbound

15. Cañada Road @ Runnymede Road – Northbound

16. Jefferson Avenue @ Cañada Road – Northbound

17. Farm Hill Boulevard @ 280 – Eastbound

18. Whiskey Hill Road @ Woodside Road – Southbound

19. Sand Hill Road @ Whiskey Hill Road – Westbound

20. Woodside Road @ 280 – Eastbound
Transparency Portal
California Civil Code Sections 1798.90.5-1798.90.55 (Attachment 3) outline the requirements for collection of ALPR Data. California Civil Code Section 1798.90.51 requires agencies collecting ALPR Data or accessing ALPR Data to publish their privacy and usage policies.

Specifically, such policies shall be available to the public in writing and posted conspicuously on their website. To meet this state law requirement, Flock will provide the Town with a Transparency Portal dashboard on which the Town will share its ALPR Policy, usage information, including usage statistics, search audit reports, solved crime information, and additional data points to provide transparency regarding the ALPR program.

Amendment Two to the Agreement for Law Enforcement Services Between the County of San Mateo and the Town of Woodside
It was additionally noted at the June 14, 2022 Town Council meeting that the Agreement for Law Enforcement Services with the Sheriff’s Office would need to be reviewed for compliance with the Town’s ALPR Policy. Amendment Two to the Agreement for Law Enforcement Services Between the County of San Mateo and the Town of Woodside is attached for the Town Council’s review. See Attachment 4. This amendment provides for the Sheriff’s Office to access and utilize Town data pursuant to the Town’s ALPR Policy. The San Mateo County Sheriff’s Office and the San Mateo County Counsel have also reviewed this Amendment Two and have no suggested changes.

CONCLUSION
Staff requests that the Council approve the draft ALPR Policy or, in the alterative, provide amended language to be included in the ALPR Policy. Once approved, Flock will move forward with installation of the ALPR cameras at the twenty (20) locations show in Exhibit A to the Policy.

Item B Page 4
Town Council Meeting January 10, 2023
Staff also recommends approval of Amendment Two to the Agreement for Law Enforcement Services Between the County of San Mateo and the Town of Woodside in order to govern the terms and conditions pursuant to which sworn officers of the San Mateo County Sheriff’s Office will be allowed access to the Town’s ALPR Data.

ATTACHMENTS

1. Professional Services Agreement for Automatic License Plate Reader Equipment/Data Collection Between Flock Group, Inc. and the Town of Woodside

2. Draft Resolution Adopting Automated License Plate Reader (ALPR) Usage and Privacy Policy

3. California Civil Code Sections 1798.90.5-1798.90.55

4. Draft Resolution Approving Amendment Two to the Agreement for Law Enforcement Services Between the County of San Mateo and the Town of Woodside
Item B Page 5 Town Council Meeting January 10, 2023
1 PROFESSIONAL SERVICES AGREEMENT
FOR

AUTOMATIC LICENSE PLATE READER EQUIPMENT/DATA COLLECTION This Agreement is made and entered into as of the date of the last signature below (the “Effective Date”) by and between the Town of Woodside hereinafter called “Agency” and Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 hereinafter called “Flock”.

RECITALS
This Agreement is entered into with reference to the following facts and circumstances:

WHEREAS, Flock will provide to Agency a software and hardware solution for automatic license plate readers through Flock’s technology platform (the “Flock Services”), and upon detection, the Flock Services will enable the capture of still images including vehicular attributes, such as make, color, license plate, roof rack, and bumper stickers (“Footage”), and can provide Notifications (as defined in Exhibit A) to Agency; WHEREAS, Agency Authorized End User (as defined in Exhibit A) desires access to the Flock Services on Flock provided Flock Hardware (as defined in Exhibit A ) in order to view, search and archive Footage and receive Notifications; WHEREAS, Flock deletes all Footage (as defined in Exhibit A) on a rolling thirty (30) day basis. Agency Authorized End User is responsible for extracting, downloading and archiving Footage on its own storage devices for auditing purposes; WHEREAS, Agency has adopted an Automated License Plate Reader (“ALPR”) Usage and Privacy Policy (“Agency Policy”) and Flock shall provide Flock Services and Footage in compliance with that Agency Policy;
WHEREAS, Flock desires to provide Agency the Flock Services and any access thereto, subject to the terms and conditions of this Agreement and the Agency Policy, and solely to facilitate the gathering of evidence that could be reasonably used in a bona fide, lawful criminal investigation by an appropriate government agency (“Permitted Purpose”);
WHEREAS, in an effort to promote transparency regarding ALPR technology, Flock will provide Agency with a Transparency Portal dashboard to allow Agency to share policies, usage, public safety outcomes, search audit reports, solved crime information, and additional data points with the public in a customizable online portal; WHEREAS, the Agency contracts with the County of San Mateo for law enforcement services to be provided by the San Mateo County Sheriff’s Office and intends, through this Agreement, to provide the San Mateo County Sheriff access to Item B Page 6 Town Council Meeting January 10, 2023
ATTACHMENT 1
2 Footage as an Agency Authorized End User, subject to compliance with the Agency Policy; and
WHEREAS, the Agency has elected to engage the services of Flock upon the terms and conditions as hereinafter set forth.

1. Flock Services. Flock Services to be performed under this Agreement shall include only those services set forth in Exhibit A, which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.

Performance of the work specified in said Exhibit A is hereby made an obligation of Flock under this Agreement, subject to any changes that may be made subsequently hereto upon amendment to the Agreement.

Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.

2. Term; Termination.
(a) The Initial Term of this Agreement shall commence upon the Effective Date and shall expire one year from the Effective Date (“Initial Term”).

Upon written notice given to Flock no later than thirty (30) days prior to the expiration of the Initial Term, Agency shall have the option to extend the Initial Term of the Agreement for a period no less than one (1) year but no more than four (4) years (“Extended Term”).
(b) Notwithstanding the provisions of (a) above, during the Initial Term or Extended Term, Agency or Flock may terminate this Agreement without cause by giving written notice not less than ten (10) days prior to the effective date of termination, which date shall be included in said notice. If Agency terminates this Agreement pursuant to this paragraph, it shall be responsible for a one-time removal fee of $500 per Flock Hardware.

Termination by Flock pursuant to this paragraph will not result in any removal fees. Upon termination, a refund will be provided for Flock Hardware, prorated for any fees for the remaining Term length set forth previously. Upon termination pursuant to this paragraph, Flock shall remove all Flock Hardware, within a commercially reasonable period of time upon termination. Nothing herein contained shall be deemed a limitation upon the right of Agency to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to Agency hereunder.
(c) In the event of any material breach of this Agreement, the non-breaching party may terminate this Agreement prior to the end of the Initial Term or Extended Term by giving thirty (30) days prior written notice to the breaching party; provided, however, that this Agreement will not terminate Item B Page 7
Town Council Meeting January 10, 2023
3 if the breaching party has cured the breach prior to the expiration of such thirty (30) day period. Either party may terminate this Agreement, without notice, (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. Upon termination, Flock will refund to Agency a pro-rata portion of the pre-paid fees for Flock Services not received due to such termination.

3. Compensation; Expenses; Payment. Agency shall compensate Flock for Flock Services performed by Flock hereunder in an amount based upon Flock’s rates during the time of the performance. A copy of Flock’s rates are set forth in Flock’s fee schedule marked Exhibit B hereof, attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder for the Initial Term shall not exceed the sum sixty-one thousand one-hundred dollars ($61,100) unless the performance of Flock Services and/or reimbursement of costs and expenses in excess of said amounts have been approved by Agency in writing and in advance of Flock’s performance or the incurring of such costs and expenses. The combined total of annual compensation and reimbursement of costs payable hereunder during an Extended Term shall not exceed fifty-two thousand five-hundred dollars ($52,500).

Compensation and reimbursement of costs and expenses hereunder shall be payable per the terms outlined in Exhibit A. In the event that the Flock Services are discontinued pursuant to Paragraph 2(b), above, or due to breach by either party, Agency shall compensate Flock based on a prorating of the fees due under the Fee Schedule through the date of the termination of Flock Services. Any advance payment made by Agency to Flock in excess of the prorated fee due shall be returned to Agency within sixty (60) days of the termination.

4. Additional Flock Services. In the event Agency desires the performance of additional services not otherwise described in Exhibit A, such additional services shall be authorized in advance of the performance thereof by the Agency council via resolution and added to Exhibit A via amendment to the Agreement. Such amendment to this Agreement shall include a description of the additional services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such additional services. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

Item B Page 8
Town Council Meeting January 10, 2023
4 5. Records. Flock shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to Flock Services. Said records shall be available to Agency for review and copying during regular business hours at Flock’s place of business or as otherwise agreed upon by the parties.

6. Intentionally Left Blank.

7. Reliance on Professional Skill of Flock. Flock represents and warrants that it has the necessary professional skills to perform its obligations under the Agreement and the Agency shall rely on such skills of Flock to do and perform the work in accordance with industry standards. In performing Flock Services hereunder Flock shall adhere to the standards generally prevailing for the performance of services similar to those to be performed by Flock hereunder.

8. Intentionally left blank.

9. Relationship of Parties. It is understood that the relationship of Flock to the Agency is that of an independent contractor and all persons working for or under the direction of Flock are its agents or employees and not agents or employees of the Agency.

10. Schedule. Flock shall adhere to the schedule set forth in Exhibit A; provided, that Agency may grant reasonable extensions of time for performance delays of Flock Services occasioned by unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Flock’s officers, employees, subcontractors or third-party service providers.

Flock acknowledges the importance to Agency of Agency’s project schedule and agrees to put forth its best professional efforts to perform Flock Services under this Agreement in a manner consistent with that schedule.

11. Indemnity. To the fullest extent allowed by law, Flock hereby agrees to defend, indemnify, and hold harmless Agency, its council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions, liability, loss, damage, expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, Agency, its council, boards, commissions, officers, employees or agents caused by, or alleged to have been caused by: (i) Flock’s breach of the Agreement or (ii) the negligence, intentional tortuous act or omission, or Item B Page 9
Town Council Meeting January 10, 2023
5 willful misconduct of Flock, its officers, employees, subcontractors or agents in the performance of any services or work pursuant to this Agreement.

The duty of Flock to indemnify and hold harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require Flock to indemnify Agency, its council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

Flock’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.

The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.

12. Insurance. Flock shall acquire and maintain Workers’ Compensation, employer’s liability, commercial general liability, owned and non-owned and hired automobile liability, and professional liability insurance coverage relating to Flock’s services to be performed hereunder covering Agency’s risks in form subject to the approval of the Agency attorney and/or Agency’s risk manager. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event, shall be as follows:

Insurance Category Minimum Limits
Workers’ Compensation statutory minimum
Employer’s Liability $1,000,000 per accident for bodily injury or disease
Commercial General Liability $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury,
personal injury and property damage
Automobile Liability $1,000,000 per accident for bodily injury and property damage (coverage required
to the extent applicable to Flock’s vehicle
usage in performing services hereunder)
Professional Liability $1,000,000 per claim and aggregate It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance Item B Page 10 Town Council Meeting January 10, 2023
6 coverage requirements and/or limits shall be available to the Agency as an Additional Insured. Furthermore, the requirements for coverage and limits shall be the greater of either (1) the minimum coverage and limits specified in this Agreement or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured.

Flock agrees to include with all subcontractors in their subcontracts the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor’s work. Subcontractors hired by Flock shall agree to be bound to Flock and Agency in the same manner and to the same extent as Flock is bound to Agency under this Agreement and its accompanying documents. Subcontractors shall further agree to include these same provisions with any sub-subcontractors. A copy of the indemnity and insurance provisions of this Agreement will be furnished to the Subcontractor upon request. Flock shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the subcontract agreement and will provide proof of compliance to the Agency prior to commencement of any work by the subcontractor.

Concurrently with the execution of this Agreement, to be included as Exhibit C hereto, Flock shall, on the Model Insurance Coverage form provided with Exhibit C or similar form, furnish Agency with certificates and copies of information or declaration pages of the insurance required hereunder and, with respect to evidence of commercial general liability and automobile liability insurance coverage, original endorsements:
(a) Precluding cancellation or reduction in per occurrence limits before the expiration of thirty (30) days (10 days for nonpayment) after Agency shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail;
(b) Naming the Town of Woodside, its council, officers, boards, commissions, employees, and agents, as additional insureds; and (c) Providing that Flock’s insurance coverage shall be primary insurance with respect to Agency, its council, officers, boards, commissions, employees, and agents, and any insurance or self-insurance maintained by Agency for itself, its council, officers, boards, commissions, employees, or agents shall be in excess of Flock’s insurance and not contributory with it. Flock and its insurer may not seek contribution from Agency’s insurance or self-insurance.

Item B Page 11 Town Council Meeting January 10, 2023
7 The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency, to the extent required by this Agreement, before the Agency’s insurance or self-insurance may be called upon to protect Agency as a named Insured.

All self-insured retentions (SIR) must be disclosed to Agency for approval and shall not reduce the limits of liability coverage. Policies containing and SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Flock/Named Insured or Agency.

Agency reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Any and all Subcontractors shall agree to be bound to Flock and Agency in the same manner and to the same extent as Flock is bound to Agency under this Agreement. Subcontractors shall further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, in any agreement with sub-subcontractors to the extent that they apply to the scope of the sub-subcontractor’s work. A copy of the indemnity and insurance provisions of this Agreement shall be furnished to any subcontractor upon request.

Flock shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service. In the event Flock fails to obtain or maintain completed operations coverage as required by this Agreement, the Agency at its sole discretion may purchase the coverage required and the cost will be paid by Flock.

13. Workers' Compensation. Flock certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake selfinsurance in accordance with the provisions of that Code, and Flock certifies that it will comply with such provisions before commencing the performance of the work of this agreement.

14. Non-Discrimination. Flock will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Flock will take affirmative action to insure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, advancement, demotion, Item B Page 12 Town Council Meeting January 10, 2023
8 transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Flock shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. Flock agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the Agency setting forth the provisions of this non-discrimination clause.

15. Notice. 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 to the addresses shown below.

FLOCK NOTICES ADDRESS:
1170 Howell Mill Road, NW Suite 210
Atlanta, GA 30318
ATTN: Legal Department
EMAIL: [email protected]
AGENCY NOTICES ADDRESS:

Town of Woodside
2955 Woodside Road
Woodside CA, 94062
ATTN: Town Manager
EMAIL: [email protected]

16. Non-Assignment. This Agreement is not assignable, transferable or sublicensable by either party, without prior written consent. Notwithstanding the foregoing, either party may assign this Agreement, without the other party's consent to any affiliate.

17. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.

18. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

19. Governing Law. This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

Item B Page 13 Town Council Meeting January 10, 2023
9 20. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement, and each party shall bear its own legal costs.

21. Conflict of Interest. Flock may serve other clients, but none who are active within the Town of Woodside or who conduct business that would place Flock in “a conflict of interest" as that term is defined in State law.

22. Entire Agreement. This Agreement, including Exhibits A, B, and C comprise the entire Agreement.

23. Compliance With Laws. The parties agree to comply with all applicable local, state, and federal laws, regulations, policies, and ordinances and their associated record retention schedules, including when responding to any subpoena request(s). In the event Flock is legally compelled to comply with a judicial order, subpoena, or government mandate, to disclose ALPR Data, Flock will provide Agency with notice as required in Exhibit A, Section 4.1.

24. 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.

25. Publicity. Upon prior written consent from Agency, Flock has the right to reference and use Agency’s name and trademarks and disclose the nature of the Flock Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock’s website.

26. Export. Agency 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 agency or authority. As defined in Federal Acquisition Regulation (“FAR”), section 2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant Item B Page 14 Town Council Meeting January 10, 2023
10 with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock System. Consistent with DFAR section 227.7202 and FAR section

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

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

28. Authority. Each of the 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.

29. Survival. The following Sections of Exhibit A will survive termination: 2.5,

2.6, 3, 4, 5, 7.3, 7.4, 8.2, and 8.3.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

TOWN OF WOODSIDE
Dated: _________________________________
By: Kevin Bryant, Town Manager
ATTEST:

Dated: ________________________________
Jennifer Li, Town Clerk

APPROVED AS TO FORM
Dated: ________________________________
Jean Savaree, Town Attorney
Item B Page 15 Town Council Meeting January 10, 2023
11 FLOCK GROUP, INC.

Dated: _ _________________________________
Mark Smith, General Counsel
Item B Page 16 Town Council Meeting January 10, 2023
12 EXHIBIT A

SCOPE OF WORK AND SCHEDULE
FOR

AUTOMATIC LICENSE PLATE READER EQUIPMENT/DATA COLLECTION For clarity, references made in this Exhibit A to provisions of the Agreement are referred to as “Paragraphs” and the internal references to sections of this Exhibit A are referred to as “Sections.”

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth in the Agreement.

1.1 “ALPR Data” means the content obtained through the Flock Services, including the Footage metadata, such as time stamp and geolocation of the camera, as well as who has accessed records, search history, and any other auditable data collected by the Flock Hardware or used by the Embedded Software used to store, index, and access the information gathered.

1.2 “Agency Authorized End User” means the San Mateo County Sherriff’s Office, including duly sworn officers.

1.3 Intentionally left blank.

1.4 “Aggregated Data” means information that relates to a group or category of individuals, from which any potential individuals’ personal identifying information has been permanently “anonymized” by commercially available tools to irreversibly alter data in such a way that a data subject (i.e., individual person or impersonal entity) can no longer be identified directly or indirectly.

1.5 Intentionally left blank.

Item B Page 17 Town Council Meeting January 10, 2023
13 1.6 “Deployment Plan” means the specific geographic mapping of the location(s) and implementation of Flock Hardware, and/or other relevant Flock Services required under this Agreement.

1.7 “Documentation” means text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Flock Services which are provided by Flock to Agency in accordance with the terms of this Agreement.

1.8 “Embedded Software” means the software and/or firmware embedded or preinstalled on the Flock Hardware.

1.9 Intentionally left blank.

1.10 “Flock Hardware” means the Flock cameras or device, pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services.

1.11 “Flock IP” means the Flock Services, the Documentation, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its Agency Authorized End User in connection with the foregoing.

1.12 Intentionally left blank.

1.13 Intentionally left blank.

1.14 Intentionally left blank.

1.15 “Flock Services” means the provision, via the Web Interface, of certain Flock software applications for the collection of ALPR Data as defined herein, alerts, Item B Page 18 Town Council Meeting January 10, 2023
14 searching image records, and sharing Footage subject to the terms of this Agreement and the Agency Policy.

1.16 “Footage” means still images and other data, including vehicular attributes such as make, color, license plate, roof rack, and bumper stickers, captured by the Flock Hardware in the course of and provided via the Flock Services.

1.17 “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 Crime Information Center (NCIC), Department of Motor Vehicles (DMV), and local Be on the Lookouts (BOLOs) 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.

1.18 “Implementation Fee(s)” means the monetary fees associated with the Installation Services, as defined in Section 1.19 below.

1.19 “Installation Services” means the services provided by Flock for installation of Flock Hardware, including any applicable installation of Embedded Software.

1.20 “Non-Agency End User(s)” means third-party customers of Flock authorized to use their Flock Services through the Web Interface subject to rights and obligations materially similar to this Agreement. For the avoidance of doubt, Non-Agency End Users may include schools, neighborhood homeowner associations, businesses and individual customers of Flock.

Item B Page 19 Town Council Meeting January 10, 2023
15 1.21 “Notifications” means alerts send via Electronic Mail (E-mail) or Short Message/Messaging Service (SMS) to all Agency Authorized End User through the Flock Services based on Hotlists hits.

1.22 “Support Services” means Monitoring Services, as defined in Section 2.10 below.

1.23 “Usage Fee” means the subscription fees to be paid by the Agency for ongoing access to Services.

1.24 “Web Interface” means the website(s) or application(s) through which Agency and its Agency Authorized End User can access the Flock Services, in accordance with the terms of this Agreement.

1.25 Intentionally left blank.

1.26 Intentionally left blank.

1.27 Intentionally left blank.

1.28 Intentionally left blank.

2. FLOCK SERVICES AND SUPPORT

2.1 Provision of Access to Flock Services. Subject to the terms of this Agreement, Flock hereby grants to Agency and Agency Authorized End User a non-exclusive, nontransferable right to access the features and functions of the Flock Services via the Web Interface during the Initial Term and any Extended Term. The Footage will be available for Agency’s designated administrator, listed on the Order Form, and Agency Authorized End User to access and download via the Web Interface for thirty (30) days.

Agency Authorized End User’s employees must sign up for an account and select a unique password and username (“User ID”) in order to access the Flock Services. Flock will provide Agency with the Documentation to be used in accessing and using the Flock Item B Page 20 Town Council Meeting January 10, 2023
16 Services. Agency shall be responsible for all acts and omissions of Agency Authorized End User, and any act or omission by an Agency Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make Agency Authorized End User aware of the provisions of this Agreement as applicable to such Authorized End User’s use of the Flock Services and shall cause Agency Authorized End User to comply with such provisions. Flock may subcontract with 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 coverages. Warranties provided by said subcontractors will be passed along to Agency. Agency agrees to comply with any reasonable acceptable use policies and other terms of any subcontractor that are provided or otherwise made available to Agency.

2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, non-exclusive, non-transferable, non-sublicensable (except to the Agency Authorized End User), revocable right to use the Embedded Software as installed on the Flock Hardware; in each case, solely as necessary for Agency and its Agency Authorized End User to use the Flock Services.

2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, non-transferable right and license to use the Documentation during the Term in connection with its use of the Flock Services as contemplated herein, and under Section 2.5 below.

2.4 Transparency Portal. Flock will provide Agency with a Transparency Portal dashboard to allow Agency to share policies, usage, and public safety outcomes related to ALPR technology in an effort to promote transparency and return on investment by providing access to usage policies, usage statistics, search audit reports, solved crime Item B Page 21 Town Council Meeting January 10, 2023
17 information, and additional data points in a customizable online portal. Agency shall control the type of information shared publicly through the Transparency Portal. Data and statistics related to the performance of the Flock Services accessible through the Transparency Portal shall update automatically. Flock shall ensure that the Transparency Portal remains accessible and provides up-to-date information related to the performance of the Flock Services, with only reasonable temporary service interruption, during the Term of this Agreement.

2.5 Usage Restrictions.

2.5.1 Flock IP. Agency will 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 any of the Flock IP; (vi) use the Flock Services, Support Services, Flock Hardware, Documentation, or the Flock IP 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, Agency’s rights under Sections 2.1, 2.2, 2.3, or 2.4.

2.5.2. Flock Hardware. Agency understands that Flock Hardware is owned exclusively by Flock, and that title to any Flock Hardware does not pass to Agency upon execution of this Agreement. Agency is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware.

Notwithstanding the notice and cure period set for in Paragraph 2(c) of the Agreement, Item B Page 22 Town Council Meeting January 10, 2023
18 Agency agrees and understands that in the event Agency is found to engage in any of the restricted actions of this Section 2.5.2, Flock may immediately suspend Agency’s access to Flock IP.

2.6 Retained Rights; Ownership. As between the parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title, and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. There are no implied rights.

2.7 Suspension.

2.7.1 Service Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency’s and Agency Authorized End User’s access to any portion or all of the Flock IP if Flock reasonably determines that (a) Agency has taken impermissible control of Flock IP; (b) Agency’s or Agency Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Agency or Agency Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Agency or Agency Authorized End User is utilizing the Flock Services for anything other than the Permitted Purpose (“Flock Service Suspension”).

2.7.2 Flock Services Interruption. Flock Services may be interrupted in the event that: (a) Flock’s provision of the Flock Services to Agency or Agency Authorized End User is prohibited by applicable law; (b) any third-party services required for Flock Services are interrupted; (c) if Flock reasonably believes Flock 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 ) there is scheduled or emergency maintenance (“Flock Services Interruption”). Flock will make commercially reasonable Item B Page 23 Town Council Meeting January 10, 2023
19 efforts to provide written notice of any Flock Services Interruption to Agency and to provide updates regarding resumption of access to Flock Services. Flock will use commercially reasonable efforts to resume providing access to the Flock Services as soon as reasonably possible after the event giving rise to the Flock Services Interruption is cured. To the extent not caused by a breach of the Agreement, Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Agency or Agency Authorized End User may incur as a result of a Flock Services Interruption. To the extent that the Flock Services Interruption is not caused by Agency’s direct actions or by the actions of parties associated with the Agency, at the Agency’s sole express option, the expiration of the Initial Term or any extended Term may be tolled by the duration of the Flock Services Interruption (for any continuous suspension lasting at least one full day) prorated for the proportion of cameras on the Agency’s account that have been impacted. For example, in the event of a Flock Services Interruption lasting five (5) continuous days, Agency will receive a credit for five (5) free days at the end of the Term.

2.8 Installation Services.

2.8.1 Designated Locations. For installation of Flock Hardware, prior to performing the physical installation of the Flock Hardware, Flock shall advise Agency on the location and positioning of the Flock Hardware for optimal license plate image capture, as conditions and location allow. Flock may consider input from Agency regarding location, position, and angle of the Flock Hardware (“Designated Location”) and collaborate with Agency to design the Deployment Plan confirming the Designated Locations. Agency shall agree to all Designated Locations prior to the installation of Flock Hardware and Flock shall not install Flock Hardware in any other locations. Flock shall not be required to install Flock Hardware in any location it reasonably deems to be non-viable based on solar availability, LTE coverage, utilities lines, or other site specific Item B Page 24 Town Council Meeting January 10, 2023
20 circumstances. Flock shall have final discretion on location of Flock Hardware. After installation, any subsequent changes to the Deployment Plan (“Reinstalls”) may incur a charge based on Flock’s then-current list price for Reinstalls, as listed in the thencurrent Reinstall policy (available at https://www.flocksafety.com/reinstall-fee-schedule) and any applicable equipment fees. For clarity, Agency will receive prior notice and provide written approval for any such fees. These changes include but are not limited to re-positioning, adjusting of the mounting, re-angling, removing foliage, replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like. Flock shall have full discretion on whether to reinstall Flock Hardware, subject to Agency approval of any changes to the location(s) of the Flock Hardware.

2.8.2 Agency Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the Installation Services. Although Flock Hardware is designed to utilize solar power, certain Designated Locations may require a reliable source of 120V or 240V AC power. In the event adequate solar power is not available, Agency is solely responsible for costs associated with providing a reliable source of 120V or 240V AC power to Flock Hardware. Flock will provide solar options to supply power at each Designated Location. If Agency refuses recommended solar options, Agency waives any reimbursement, tolling, or credit for any suspension period of Flock Services for the period that Agency does not provide an adequate power source at the site. Additionally, Agency is solely responsible for (i) any permits or associated costs, and managing the permitting process of installation of cameras or AC power; (ii) any federal, state, or local taxes including property, license, privilege, sales, use, excise, gross receipts, or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Flock Hardware, its use (excluding tax exempt entities), and (iii) any other Item B Page 25 Town Council Meeting January 10, 2023
21 supplementary costs in connection with installation of the Flock Hardware, including but not limited to contractor licensing, engineered drawings, rental of specialized equipment, or vehicles, third-party personnel (i.e. Traffic Control Officers, Electricians, State DOT-approved poles, etc., if necessary), such costs to be approved by the Agency (“Agency Installation Obligations”). Agency 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 tests in connection with such installation.

2.8.3 Flock’s Obligations. Installation Services shall be installed in a workmanlike manner in accordance with Flock’s standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are confirmed. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Following the initial installation of the Flock Hardware and any subsequent Reinstalls or maintenance operations, Flock’s obligation to perform installation work shall cease; however, for the sole purpose of validating installation, Flock will continue to monitor the performance of Flock Hardware for the length of the Initial Term and any Extended Term and will receive access to the Footage for a period of seven (7) business days after the initial installation for quality control and to provide any necessary maintenance.

Labor may be provided by Flock or a third-party.

2.8.4 Ownership of Flock Hardware. Flock Hardware shall remain the property of Flock and will be removed upon the natural expiration of this Agreement at no additional cost to Agency. Agency shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Agency unreasonably default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Item B Page 26 Town Council Meeting January 10, 2023
22 Flock’s rights to any damages Flock may sustain as a result of Agency’s default and Flock shall have the right to enforce any other legal remedy or right.

2.9 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock’s price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, and toxic or flammable substances. In the event any such hazardous materials are discovered in the Designated Locations in which Flock is to perform Flock Services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless.

2.10 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or functionality of the Flock Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Flock Services or the Designated Locations (“Monitoring Services”).

Flock will use commercially reasonable efforts to respond to requests for support. Flock will provide Agency with reasonable technical and on-site support and maintenance services (“On-Site Services”) in-person or by email at [email protected], at no additional cost.

2.11 Special Terms. Intentionally left blank.

2.12 Upgrades to Platform. Subject to the terms of this Agreement, Flock may, in its sole discretion, make any upgrades to its system or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock’s products or services to its agencies, (b) the competitive strength of, or market for, Flock’s products Item B Page 27 Town Council Meeting January 10, 2023
23 or services, (c) such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.

3. RESTRICTIONS AND RESPONSIBILITIES

3.1 Agency Obligations. If necessary, Flock will assist Agency Authorized End User in the creation of unique Flock User IDs. Agency Authorized End User may have existing Flock User IDs and may access Flock Services provided under this Agreement using those existing Flock User IDs. Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Agency will, at its own expense, provide assistance to Flock, including, but not limited to, reasonable access to, and use of, Agency facilities, as well as assistance from Agency personnel to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services.

3.2 Agency Representations and Warranties. Agency represents and warrants that Agency will use the Flock Services only in compliance with this Agreement and all applicable laws and regulations. Although Flock has no obligation to monitor Agency’s use of the Flock Services, Flock may do so and may prohibit any use of the Flock Services it believes may be (or alleged to be) in violation of the foregoing.

3.3. Flock Representations and Warranties. Flock represents and warrants that Flock will provide the Flock Services 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 video, photo, or audio content. Flock shall not use the Flock Hardware to capture any images or data not explicitly included in the definition of ALPR Data under this Agreement.

Item B Page 28 Town Council Meeting January 10, 2023
24 4. CONFIDENTIALITY; AGENCY DATA

4.1 Confidentiality. To the extent allowable by applicable FOIA and state-specific Public Records Acts, each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Flock includes non-public information regarding features, functionality, and performance of the Flock Services. Proprietary Information of Agency may include, and is not limited to, non-public data provided by Agency to Flock or collected by Flock via the Flock Hardware to enable the provision of the Flock Services. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Receiving Party takes with its own proprietary information, but in no event will a Receiving Party apply less than reasonable precautions to protect such Proprietary Information, and (ii) not to use (except as explicitly permitted herein) or divulge to any third party 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 when required by law pursuant to a judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure and an opportunity to contest such order. For clarity, 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 to comply with court order. Prior to disclosing to a third party any Agency Item B Page 29 Town Council Meeting January 10, 2023
25 Propriety Information, Flock shall provide Agency reasonable notice of the pending disclosure, which shall include a description of the data or information to be disclosed and the legal requirement(s) compelling the disclosure. Flock may store deleted Footage in order to comply with certain legal obligations such as court orders. In the event Flock receives a court order for Footage, Flock will provide Agency with reasonable notice to provide Agency with ability to seek a protective order and/or other legal remedies to minimize the scope of required disclosure. Notwithstanding the foregoing, all disclosures of Footage by Flock shall be consistent with the Agency Policy and any disclosure of Footage in conflict with the provisions of the Agency Policy shall be considered a material breach of this Agreement.

4.2 ALPR Data. As between Flock and Agency, all right, title, and interest in the ALPR Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, non-exclusive, royalty-free, worldwide, revocable license to (i) use the ALPR Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2.10 above, and a nonexclusive, worldwide, royalty-free, fully paid license to use, reproduce, modify, display, and distribute the ALPR Data, but only as Aggregated Data, (ii) disclose Footage to law enforcement Non-Agency End Users, pursuant to the Permitted Purpose, enable law enforcement monitoring for elected law enforcement Hotlists as well as provide Footage search access to law enforcement for investigative purposes only, and (iii) obtain Aggregated Data as set forth below in Section 4.5. As between Agency and NonAgency End Users that have access to Footage, each of Agency and Non-Agency End Users will share all right, title, and interest in the Non-Agency End User data. This Agreement does not by itself make any Non-Agency End User data the sole property or the Proprietary Information of Agency. Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day window to view, save and/or transmit Footage to the relevant Non-Agency End User prior to its deletion. Flock does not own Item B Page 30 Town Council Meeting January 10, 2023
26 ALPR Data and represents and warrants that it shall not sell ALPR Data to any third party. Further, Flock shall not share, copy, repurpose or transfer ALPR Data, except as provided herein, without Agency consent.

4.3 Retention Period. Flock shall provide a standard retention period for all Footage which shall be thirty (30) calendar days.

4.4 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations, or other information relating to Flock IP, Agency hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title, and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

4.5 Aggregated Data. Flock shall have the right to create Aggregated Data to perform and improve the Flock Services, including the training of machine learning algorithms with Aggregated Data. Agency hereby grants Flock a non-exclusive, worldwide, royaltyfree right (during and after the Initial Term and any Extended Term) to use and distribute such Aggregated Data to improve the Flock Services and other Flock offerings, including for development, diagnostic and corrective purposes. The parties understand that the aforementioned license is required for continuity of Flock Services.

No rights or licenses are granted except as expressly set forth herein. Flock represents and warrants that it does not sell Aggregated Data. Further, Flock shall not share, copy, repurpose or transfer Aggregated Data, except as provided herein, without Agency consent.

4.6 Audit. Flock will provide Agency and Agency Authorized End User with the capability and tools to conduct audit assessments via the Flock Service, including but not limited to network audit trails and the Transparency Portal, to ensure compliance by Agency Authorized End User.

Item B Page 31 Town Council Meeting January 10, 2023
27 5. PAYMENT OF FEES

5.1 Intentionally left blank.

5.2 Fees. For Falcon products during the Term (as defined in Paragraph 2 of the Agreement), Agency will pay Flock fifty percent (50%) of the Initial Term Fees as set forth in Exhibit B to the Agreement on or before the 30th day following receipt of initial invoice after Effective Date. Upon commencement of Installation Services, Flock will issue an invoice for twenty-five percent (25%) of total fees, and Agency shall pay on or before 30th day following receipt of invoice. Upon completion of installation, Flock will issue an invoice for the remaining balance and Agency shall pay on or before 30th day following receipt of final invoice. For an Extended Term, as defined in Paragraph 2 of this Agreement, Agency shall pay the entire invoice on or before the 30th day following receipt of invoice.

5.2 Notice of Changes to Fees. Flock reserves the right to change the fees or applicable charges and to institute new charges and fees on subsequent terms (commencing more than four years after the expiration of the Initial Term) by providing sixty (60) days’ notice prior to the end of such Initial Term or Extended Term (as applicable) to Agency (which may be sent by email if receipt is acknowledged by Agency).

5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for invoices must be received by Flock thirty (30) days after the receipt of invoice. If Agency is a non-tax-exempt entity, Agency shall be responsible for all taxes associated with services other than U.S. taxes based on Flock’s net income. If Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Agency acknowledges and agrees that a failure to contact Flock within this sixty (60) day period Item B Page 32 Town Council Meeting January 10, 2023
28 will serve as a waiver of any claim Agency may have had as a result of such billing error.

6. HOTLIST SHARING

6.1 Hotlist Sharing. Subject to the Agency Policy, and in addition to the Flock Services to be provided for the Term pursuant to this Agreement, Flock will provide Agency Authorized End Users with complimentary access to Hotlist alerts, as further described in Section 4.2 (“Hotlist Sharing”). In the event a Non-Agency End User grants Agency access to Footage and/or Notifications from a Non-Agency End User, Agency will have access to Non-Agency End User Footage and/or Notifications until deletion, subject to a thirty (30) day retention policy for all Footage. Flock may, in its sole discretion, provide access or immediately terminate the Hotlist Sharing. Flock, in its sole discretion, can determine to impose a price per Hotlist Sharing upon agreement by Agency. Should Agency not agree to the proposed fee, Flock may discontinue the Hotlist Sharing.

Agency may terminate any Hotlist Sharing or access to future Hotlist Sharing upon thirty (30) days’ notice.

7. REMEDY; WARRANTY AND DISCLAIMER

7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Agency must notify Flock’s technical support at the email address shown in Section 2.10 above. If Flock is unable to correct the Defect, Flock shall, or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Flock reserves the right in its sole discretion to determine the best remedy for a Defect after it has inspected and tested the affected Flock Hardware provided that such inspection and test shall occur within a commercially reasonable time, but no longer than seven (7) business days after Agency notifies Flock of a Defect.

In the event of a Defect, Flock will repair or replace the defective Flock Hardware at no additional cost to Agency. Absent a Defect, in the event that Flock Hardware is lost, Item B Page 33 Town Council Meeting January 10, 2023
29 stolen, or damaged, Agency may request that Flock replace the Flock Hardware at a fee according to the then-current Reinstall policy (https://www.flocksafety.com/reinstall-feeschedule). Agency shall not be required to replace subsequently lost, damaged, or stolen Flock Hardware, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen Flock Hardware and that Flock will have no liability to Agency regarding such affected functionality nor shall the Fees owed to Flock be impacted.

7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 if the Defect was caused by Agency’s misuse of Flock Hardware or Service.

7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to provide and maintain the Flock Services in a manner which minimizes errors and interruptions in the Flock Services and shall perform the Installation Services in a professional and workmanlike manner. Flock 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 of any scheduled service disruption.

7.4 Disclaimer. FLOCK DOES NOT WARRANT THAT THE FLOCK 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 FLOCK SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE FLOCK 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.

Item B Page 34 Town Council Meeting January 10, 2023
30 7.5 Intentionally left blank.

7.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, and supply chain shortages of equipment or supplies.

8. LIMITATION OF LIABILITY; HOTLIST SHARING; INDEMNITY

8.1 Limitation of Liability. SUBJECT TO THE INDEMNITY REQUIREMENTS OF

THE AGREEMENT BUT NOTWITHSTANDING ANYTHING ELSE TO THE

CONTRARY, FLOCK AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL

HARDWARE AND TECHNOLOGY SUPPLIERS), 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 ERROR OR INTERRUPTION OF USE OR FOR LOSS OR

INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR

COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR
TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR REASONABLE CONTROL

INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE PURSUANT TO THE PROCESS DESIGNATED IN SECTION 4.1, ABOVE; (E) FOR PREVENTING, SOLVING, OR ELIMINATING CRIME; OR (F) FOR ANY AMOUNTS Item B Page 35 Town Council Meeting January 10, 2023
31 THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS,

EXCEED THE FEES PAID AND/OR PAYABLE BY AGENCY 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 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE OF CALIFORNIA.

8.2 Hotlist Sharing Limitation of Liability. IN NO EVENT SHALL FLOCK’S

AGGREGATE LIABILITY, IF ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY HOTLIST SHARING AS DESCRIBED IN SECTION 6.1 EXCEED $100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN

CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Parties acknowledge and agree that the essential purpose of this Section 8.2 is to allocate the risks under the Hotlist Sharing described in Section 6.1 and limit potential liability given the aforementioned complimentary service, which would have been substantially higher if Flock were to assume any further liability other than as set forth herein. Flock has relied on these limitations in determining whether to provide the complementary Hotlist Sharing. The limitations set forth in this Section 8.2 shall not apply to claims or damages resulting from Flock’s other obligations under this Agreement.

8.3 Responsibility. Each party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, agents, and subcontractors in connection with the performance of their official duties under this Agreement.
/FlockAgencyNoticeAddress1/
/
Item B Page 36 Town Council Meeting January 10, 2023
32 EXHIBIT B
FLOCK’S FEE SCHEDULE
Name Price QTY Subtotal
Flock Falcon Camera $2,500.00 20.00 $50,000.00
Professional Services - Falcon, Standard
Implementation
$350.00 16.00 $5,600.00
Professional Services - Falcon/Sparrow, Advanced
Implementation
$750.00 4.00 $3,000.00
Flock Safety Advanced Search <25 Falcons $2,500.00 1.00 $2,500.00 (Includes one-time fees)
Initial Term Fees Total: $61,100.00
Extended Term Annual Fees Total:
$52,500.00
Item B Page 37 Town Council Meeting January 10, 2023
33 EXHIBIT C

INSURANCE FORMS
Flock shall provide Certificates of Insurance and original Endorsement affecting the coverages specified in Paragraph 12 - INSURANCE of the Agreement on the attached form. No substitute form will be accepted.

ATTACHED

1. Model Insurance Coverage Form
Item B Page 38 Town Council Meeting January 10, 2023
34 EXHIBIT C – Model Insurance Certificate
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured:_________________________________________ Effective Work Date(s):___________________ Description of Work/Locations/Vehicles:______________________________________________________________ ADDITIONAL INSURED: Town of Woodside (Agency)
2955 Woodside Road
Woodside, CA 94062
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply)
Insurer Policy
No.
☐ General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note:

MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
☐ Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers. ☐ Other:

Certificates of Insurance Required (no endorsement needed) (Check all that apply)
Insurer Policy
No.
☐ Workers Compensation: work performed by employees of the Named Insured while those employees are engaged in work under the simultaneous directions and control of the Named Insured and the Additional Insured. ☐ Professional Liability:

PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.

SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer’s limit of liability.

PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.

CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non-payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.

WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the Agency, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the Agency.

Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, ___________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company. ________________________________________________________________________________________________________ SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: ___________________________________________ TITLE: _____________________________________ ADDRESS: _____________________________________________________________________________________________ TELEPHONE: ( )____________________ DATE ISSUED:________________________________________ Item B Page 39 Town Council Meeting January 10, 2023
RESOLUTION NO. 2023 - _____

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE ADOPTING AN

AUTOMATED LICENSE PLATE READER (ALPR) USAGE AND PRIVACY POLICY WHEREAS, the Town will be entering into an agreement with Flock Group, Inc. to provide the Town with a software and hardware solution for automatic license plate readers (ALPRs) through Flock’s technology platform; and
WHEREAS, the Town desires to implement an Automated License Plate Reader (ALPR) Usage and Privacy Policy; and
WHEREAS, California Civil Code Section 1798.90.55 requires that a public agency that operates or intends to operate an ALPR system shall provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program; and
WHEREAS, the Town Council provided an opportunity for public comment regarding the Automated License Plate Reader (ALPR) Usage and Privacy Policy at both its regularly scheduled meetings on June 14, 2022 and January 10, 2023.

NOW, THEREFORE, BE IT RESOLVED, that:

The Town Council of the Town of Woodside hereby adopts the Automated License Plate Reader (ALPR) Usage and Privacy Policy attached hereto as Exhibit A and instructs that it be posted on the Town’s website and on the Transparency Portal to be implemented and accessible to the public.
* * * * * *
Passed and adopted by the Town Council of the Town of Woodside, California, at a meeting thereof held on the 10th day of January, 2023, by the following vote of the members thereof:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
___________________________________
Mayor of the Town of Woodside
ATTEST:

Item B Page 40 Town Council Meeting January 10, 2023
ATTACHMENT 2
______________________________
Clerk of the Town of Woodside
Item B Page 41 Town Council Meeting January 10, 2023
1 DRAFT
Automated License Plate Reader (ALPR) Usage and Privacy Policy

1. Purpose
The Town of Woodside (the “Town”) owns and authorizes the use of Automated License Plate Readers (ALPR) at fixed locations within the Town, as shown on Attachment A, for law enforcement and public safety purposes as described herein.

ALPRs use high speed cameras to capture still images of vehicles including the make, color, license plate, roof racks and bumper stickers (Footage). Town, through its contract for law enforcement services with the San Mateo County Sheriff’s Office, has agreed to provide the Sheriff’s Office with access to the Footage to view, search, and archive the Footage and to receive notifications via email or SMS to facilitate gathering of evidence for use in bona fide law enforcement investigations.

California Civil Code section 1798.90.51 requires public agencies operating ALPRs to adopt and implement a usage and privacy policy in order to ensure that the collection, use, maintenance, sharing, and dissemination of information collected by ALPRs protects individual privacy and civil liberties. Consistent with the state law mandate, the Town has adopted this Automatic License Plate Reader Usage and Privacy Policy (“Policy”) to regulate the use, management, and retention of ALPRs and ALPR Data which includes the Footage metadata, such as time stamp and geolocation of the cameras as well as who has accessed records, search history, and any other auditable data collected or used to store, index, and access the information. This Policy is available to the public in writing and posted on the Town’s website.

2. Definitions
A. “Aggregated Data” means information that relates to a group or category of individuals, from which any potential individuals’ personal identifying

TOWN OF WOODSIDE
2955 Woodside Road
Woodside, CA 94062
Phone: (650) 851-6790
www.woodsidetown.org
Item B Page 42 Town Council Meeting January 10, 2023
2 information has been permanently “anonymized” by commercially available tools to irreversibly alter data in such a way that a data subject (i.e., individual person or impersonal entity) can no longer be identified directly or indirectly.

B. “Automated License Plate Reader (ALPR)” means the technology, also known as License Plate Recognition, which provides still images and other data, including vehicular attributes such as make, color, license plate, roof rack, and bumper stickers, captured by the ALPR System.

C. “ALPR Data” means the content obtained by an ALPR, including the Footage metadata, such as time stamp and geolocation of the camera, as well as who has accessed records, search history, and any other auditable data collected by the software system or used in the Embedded Software used to store, index, and access the information gathered by an ALPR.

D. “ALPR System” means the ALPR hardware and software including cameras or device, pole, clamps, solar panel, installation components, and any other physical elements used for the capture, retention, indexing, accessing, and utilizing ALPR Data.

E. “Embedded Software” means the software and/or firmware embedded or preinstalled on the ALPR System.

F. “Flock Group, Inc.” means the vendor who will provide to the Town a software and hardware solution for ALPRs through Flock Group Inc.’s technology platform.

G. “Footage” means still images and other data, including vehicular attributes such as make, color, license plate, roof rack, and bumper stickers, captured by the ALPR System in the course of and provided via the services provided by Flock Group, Inc.

H. “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 Crime Information Center (NCIC), Department of Motor Vehicles (DMV), and local Be on the Lookouts (BOLOs) 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.

Item B Page 43 Town Council Meeting January 10, 2023
3 I. “Law Enforcement Agency” refers to an agency charged with maintaining public safety and enforcing federal law or California law.

J. “Notifications” means alerts sent via Electronic Mail (E-mail) or Short Message/Messaging Service (SMS) to the Sheriff’s officers through the ALPR System based on Hotlists hits.

K. “Requisite Training” means training and education conducted by the Sheriff before access to the Town’s ALPR Data is provided and thereafter annually on ALPR Data protection and authorized and prohibited uses. Training in the use of the system shall consist of:

1. Privacy and civil liberties protections;

2. Legal authorities, developments and issues involving the use of ALPR data and technology;

3. Current Sheriff policy regarding appropriate use of ALPR systems;

4. Technical, physical, administrative and procedural measures to protect the security of ALPR data against unauthorized access or use;

5. Practical exercises in the use of the ALPR system; and

6. All training and updates provided by Lexipol.

L. “Sheriff” means the San Mateo County Sheriff’s Office and its sworn officers or authorized staff.

M. “Town” means the Town of Woodside, California.

N. “Town Council” means the Town Council of the Town of Woodside, California.

O. “Town Manager” means the official representative of the Town or his duly authorized agent.

3. Authorized Purposes and Prohibited Uses
Use of the Town ALPR System will take place 24 hours a day, 7 days per week, and 365 days per year within the Town of Woodside, with ALPR Data captured at the locations identified on Attachment A. Town ALPRs shall not be used in areas where there is a reasonable expectation of privacy, such as on private property not readily visible from public right of ways, and shall not be used to harass, intimidate, or discriminate against any individual or group.

ALPR Data captured by Town ALPRs will only be used for the following purposes:

Item B Page 44 Town Council Meeting January 10, 2023
4 a. To assist in identifying and investigating crimes against persons and property;
b. To locate missing children, adults, and/or elderly individuals, including in response to Amber Alerts and Silver Alerts;
c. To locate stolen, wanted, and/or other vehicles that are the subject of an investigation;
d. To assist in gathering evidence to identify, apprehend, and prosecute criminal offenders;
e. To respond to emergency events;
f. To locate and/or apprehend individuals subject to arrest warrants; g. To locate victims, witnesses, and suspects associated with an investigation; h. To check, either manually or automated, for license plate data appearing on active Hotlists.

Any ALPR Data obtained from Town ALPRs shall be used pursuant to this Policy and applicable state and federal law. All other uses not referenced above are prohibited. Possession of ALPR Data does not negate the need to comply with other applicable laws or regulations including the requirement to obtain a search warrant when legally required.

4. Data Storage and Protection
ALPR Data collected by ALPRs is automatically uploaded to the ALPR System’s associated cloud storage at the time of capture. Cloud storage and server capacity is provided for and maintained by Flock Group, Inc. as a part of its scope of services. The Town Manager shall review and confirm at least annually to the Town Council in writing that Flock Group, Inc. has installed and implemented appropriate security measures for such storage including encryption, firewalls, authentication, and other reasonable data protection measures.

ALPR Data will not be downloaded to a local server, stored locally on a hard drive or portable device, or produced in a physical printout, except authorized Sheriff personnel may download ALPR Data for local storage or printout for authorized purposes stated herein. ALPR Data may not otherwise be downloaded for any other purpose.

Downloaded, copied, and printed ALPR Data will be maintained in accordance with applicable law, including state and federal evidentiary laws. Additionally, the Sheriff shall implement physical security, encryption, firewalls, authentication, and other reasonable security measures to protect ALPR Data, including all ALPR Data downloaded to the mobile workstation or in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date, and time.

Item B Page 45 Town Council Meeting January 10, 2023
5 5. ALPR Data Access
Access to ALPR Data is restricted to sworn officers or authorized staff of the Sheriff, who may download and store ALPR Data, but only for the purposes listed in Section 3 above and subject to all conditions, restrictions, and protections of this Policy.

The Town contracts with Flock Group, Inc. for the provision, operation, and maintenance of the ALPR System. Notwithstanding the foregoing, one or more employees of the Town may have access to the ALPR system for the sole purpose of facilitating and ensuring the use of the ALPR system in coordination with Flock Group, Inc.). Flock Group, Inc.’s access to data collected by ALPRs is limited to access required to operate and improve the ALPR System, in which case only anonymized and Aggregated Data may be accessed and used by Flock Group, Inc.

In addition to this Policy, the Sherriff’s personnel shall observe and comply with all applicable internal or departmental ALPR policies and any additional guidelines and regulations that are in place governing ALPRs.

6. ALPR Data Retention
ALPR Data will not be stored by the ALPR System beyond thirty (30) days from the date it was uploaded to the cloud system except when lawfully required to by a subpoena, court order or associated ongoing investigation.

ALPR Data that is downloaded and stored pursuant to Section 5 above shall be deleted and purged no later than six (6) months from the date it was downloaded for local storage, unless the ALPR Data thereafter becomes associated with a criminal investigation or prosecution for any of the authorized purposes identified in Section 3 above. In the latter case, the ALPR Data shall be purged no later than one (1) year from the date the criminal investigation no longer remains active or the ongoing prosecution for which it was retained is resolved.

7. ALPR Data Public Access
ALPR Data will not be made public unless required by state or federal law or by court order. Prior to disclosing to a third party any ALPR Data, Flock Group, Inc. shall provide the Town with reasonable notice to provide the Town with ability to seek a protective order and/or other legal remedies to minimize the scope of required disclosure. If a California Public Records Act request for ALPR Data is received by the Town or the Town becomes aware of such request to the Sheriff, the Town Attorney’s Office will be consulted to determine whether the requested Item B Page 46 Town Council Meeting January 10, 2023
6 ALPR Data is exempt from disclosure pursuant to the California Public Records Act or other state or federal law provisions.

8. Third-Party ALPR Data-Sharing
The Town, Flock Group, Inc., and the Sheriff shall maintain robust security procedures and practices, including operational, administrative, technical, and physical safeguards to protect ALPR Data from unauthorized access, destruction, use, modification, or disclosure.

The Sheriff is authorized to share ALPR Data in the following limited circumstances upon a lawful request from:
● a California District Attorney's Office for use as evidence to aid in prosecution, in accordance with laws governing evidence; ● a California Public Defender's Office or criminal defense attorney in accordance with applicable criminal discovery laws;
● a California Law Enforcement Agency, but only for an Authorized Purpose listed in Section 3 above and subject to all conditions, restrictions, and protections of this Policy.

9. Law Enforcement Training
ALPR Data may only be accessed by authorized Sheriff personnel pursuant to Section 5 and who have undergone Requisite Training. Prior to sharing ALPR Data with any other Law Enforcement Agency, the Sheriff shall ensure that the receiving Law Enforcement Agency is aware of and will comply with the conditions, restrictions, and protections of this Policy.

10. ALPR Maintenance
The Town or Flock will regularly inspect and adequately maintain the ALPR equipment in proper working order and will ensure that the ALPR System continues to function as provided for in this Policy.

11. ALPR Data Audits and Annual Reporting
A. Quarterly Reports
On a quarterly basis, the Town Manager will make a report to the Town Council which includes a data audit from the Sheriff. In order to prepare this report, the Sheriff shall randomly select at least ten detection browsing inquiries conducted Item B Page 47 Town Council Meeting January 10, 2023
7 by Sheriff employees since the date of activation of the ALPRs and determine if each inquiry meets the requirements established in this Policy.

The report shall include any data errors or Policy violations found so that such errors can be corrected and violations addressed. Additionally, the report shall include an evaluation of the system's efficacy, including relevant crime statistics and/or data to help the community assess whether use of the technology is beneficial. After the quarterly review by the Town Council, the report and any associated documentation shall be filed and retained according to the Town of Woodside’s retention policies.

B. Annual Reports
Commencing twelve (12) months following first activation of the ALPRs, and annually thereafter, the Sheriff will prepare an annual report for submission to the Town Council. The annual report will include, at a minimum:
i. A summary of the quarterly reports including any corrective action taken, excluding any confidential disciplinary information prohibited by law from disclosure.
ii. The number of fixed ALPR cameras.
iii. The number of scanned license plates.
iv. The number of Hotlist hits or alerts.
v. The number of search queries and the justification for such queries. vi. The number of investigative leads generated by use of ALPR Data. vii. The number of witnesses located by use of ALPR Data. viii. The number of stolen vehicles recovered by use of ALPR Data. ix. The number of suspects apprehended by use of ALPR Data. x. A list of Law Enforcement Agencies that accessed or received ALPR Data.
xi. The approved and unapproved ALPR Data requests from third parties reference in Section 8.

Item B Page 48 Town Council Meeting January 10, 2023
8 ATTACHMENT A
Map of Locations of ALPRs
Item B Page 49 Town Council Meeting January 10, 2023
9 1. Cañada Road @ Palm Circle Road – Southbound

2. Jefferson Avenue @ W California Way – Westbound

3. Farm Hill Boulevard @ 280 – Northbound

4. Woodside Drive @ Fernside Street – Westbound

5. Harcross Road @ Fernside Street – Westbound

6. Woodside Road @ Northgate Drive – Eastbound

7. High Road @ Woodside Road – Northbound

8. Northgate Drive @ Woodside Road – Southbound

9. Stockbridge Avenue @ Alameda de las Pulgas – Westbound

10. Whiskey Hill Road @ Sand Hill Road – Northbound

11. Portola Road @ Hayfields Road – Northbound

12. La Honda Road @ Friars Lane – Northbound

13. Kings Mountain Road @ Josselyn Lane – Southbound

14. Woodside Road @ Hobart Heights Road – Westbound

15. Cañada Road @ Runnymede Road – Northbound

16. Jefferson Avenue @ Cañada Road – Northbound

17. Farm Hill Boulevard @ 280 – Eastbound

18. Whiskey Hill Road @ Woodside Road – Southbound

19. Sand Hill Road @ Whiskey Hill Road – Westbound

20. Woodside Road @ 280 – Eastbound
Item B Page 50 Town Council Meeting January 10, 2023
Code: Select Code Section: 1 or 2 or 1001 Search
1798.90.5.
1798.90.51.

Up^ Add To My Favorites

CIVIL CODE - CIV
DIVISION 3. OBLIGATIONS [1427 - 3273.16] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.16] ( Part 4 enacted 1872. ) TITLE 1.81.23. COLLECTION OF LICENSE PLATE INFORMATION [1798.90.5 - 1798.90.55] ( Title 1.81.23 added by Stats. 2015, Ch. 532, Sec. 3. )
The following definitions shall apply for purposes of this title:
(a) “Automated license plate recognition end-user” or “ALPR end-user” means a person that accesses or uses an ALPR system, but does not include any of the following:
(1) A transportation agency when subject to Section 31490 of the Streets and Highways Code. (2) A person that is subject to Sections 6801 to 6809, inclusive, of Title 15 of the United States Code and state or federal statutes or regulations implementing those sections, if the person is subject to compliance oversight by a state or federal regulatory agency with respect to those sections. (3) A person, other than a law enforcement agency, to whom information may be disclosed as a permissible use pursuant to Section 2721 of Title 18 of the United States Code. (b) “Automated license plate recognition information,” or “ALPR information” means information or data collected through the use of an ALPR system.
(c) “Automated license plate recognition operator” or “ALPR operator” means a person that operates an ALPR system, but does not include a transportation agency when subject to Section 31490 of the Streets and Highways Code.
(d) “Automated license plate recognition system” or “ALPR system” means a searchable computerized database resulting from the operation of one or more mobile or fixed cameras combined with computer algorithms to read and convert images of registration plates and the characters they contain into computer-readable data. (e) “Person” means any natural person, public agency, partnership, firm, association, corporation, limited liability company, or other legal entity.
(f) “Public agency” means the state, any city, county, or city and county, or any agency or political subdivision of the state or a city, county, or city and county, including, but not limited to, a law enforcement agency. (Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.) An ALPR operator shall do all of the following:
(a) 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.
(b) (1) Implement a usage and privacy policy in order to ensure that the collection, use, maintenance, sharing, and dissemination of ALPR information is consistent with respect for individuals’ privacy and civil liberties. The usage and privacy policy shall be available to the public in writing, and, if the ALPR operator has an Internet Web site, the usage and privacy policy shall be posted conspicuously on that Internet Web site. (2) The usage and privacy policy shall, at a minimum, include all of the following:
(A) The authorized purposes for using the ALPR system and collecting ALPR information.

Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Item B Page 51 Town Council Meeting January 10, 2023
ATTACHMENT 3
1798.90.52.
1798.90.53.
(B) A description of the job title or other designation of the employees and independent contractors who are authorized to use or access the ALPR system, or to collect ALPR information. The policy shall identify the training requirements necessary for those authorized employees and independent contractors. (C) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws.
(D) The purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to other persons.
(E) The title of the official custodian, or owner, of the ALPR system responsible for implementing this section. (F) A description of the reasonable measures that will be used to ensure the accuracy of ALPR information and correct data errors.
(G) The length of time ALPR information will be retained, and the process the ALPR operator will utilize to determine if and when to destroy retained ALPR information. (Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.) If an ALPR operator accesses or provides access to ALPR information, the ALPR operator shall do both of the following:
(a) Maintain a record of that access. At a minimum, the record shall include all of the following:
(1) The date and time the information is accessed.
(2) The license plate number or other data elements used to query the ALPR system. (3) The username of the person who accesses the information, and, as applicable, the organization or entity with whom the person is affiliated.
(4) The purpose for accessing the information.
(b) Require that ALPR information only be used for the authorized purposes described in the usage and privacy policy required by subdivision (b) of Section 1798.90.51. (Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.) An ALPR end-user shall do all of the following:
(a) 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.
(b) (1) Implement a usage and privacy policy in order to ensure that the access, use, sharing, and dissemination of ALPR information is consistent with respect for individuals’ privacy and civil liberties. The usage and privacy policy shall be available to the public in writing, and, if the ALPR end-user has an Internet Web site, the usage and privacy policy shall be posted conspicuously on that Internet Web site. (2) The usage and privacy policy shall, at a minimum, include all of the following:
(A) The authorized purposes for accessing and using ALPR information. (B) A description of the job title or other designation of the employees and independent contractors who are authorized to access and use ALPR information. The policy shall identify the training requirements necessary for those authorized employees and independent contractors. (C) A description of how the ALPR system will be monitored to ensure the security of the information accessed or used, and compliance with all applicable privacy laws and a process for periodic system audits. (D) The purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to other persons.
(E) The title of the official custodian, or owner, of the ALPR information responsible for implementing this section.

Item B Page 52 Town Council Meeting January 10, 2023
1798.90.54.
1798.90.55.
(F) A description of the reasonable measures that will be used to ensure the accuracy of ALPR information and correct data errors.
(G) The length of time ALPR information will be retained, and the process the ALPR end-user will utilize to determine if and when to destroy retained ALPR information. (Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.) (a) In addition to any other sanctions, penalties, or remedies provided by law, an individual who has been harmed by a violation of this title, including, but not limited to, unauthorized access or use of ALPR information or a breach of security of an ALPR system, may bring a civil action in any court of competent jurisdiction against a person who knowingly caused the harm. (b) The court may award a combination of any one or more of the following:
(1) Actual damages, but not less than liquidated damages in the amount of two thousand five hundred dollars ($2,500).
(2) Punitive damages upon proof of willful or reckless disregard of the law. (3) Reasonable attorney’s fees and other litigation costs reasonably incurred. (4) Other preliminary and equitable relief as the court determines to be appropriate. (Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.) Notwithstanding any other law or regulation:
(a) A public agency that operates or intends to operate an ALPR system shall provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program.
(b) A public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law. For purposes of this section, the provision of data hosting or towing services shall not be considered the sale, sharing, or transferring of ALPR information. (Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.) Item B Page 53 Town Council Meeting January 10, 2023
RESOLUTION NO. 2023 - _____

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE APPROVING

AMENDMENT TWO TO THE AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN

THE COUNTY OF SAN MATEO AND THE TOWN OF WOODSIDE
WHEREAS, on July 1, 2021, the Town and County entered into an Agreement for the performance of the agreed upon law enforcement services within its boundaries by the County through the Sheriff; and
WHEREAS, on July 1, 2022, Amendment One to the Agreement was approved which incorporated the FY 2022-23 Rates and Payments set forth in Exhibit B to the Agreement; and
WHEREAS, the Town has contracted with Flock Group, Inc. (“Flock”) for the provision of automated license plate readers (“ALPRs”) to be installed within the jurisdiction of the Town; and WHEREAS, the Town has adopted an Automated License Plate Reader (ALPR) Usage and Privacy Policy which governs the use of the ALPRs installed, or to be installed in the Town, and the access, use, and retention of data collected by those ALPRS; and WHEREAS, the Town wishes to make data collected by the ALPRs installed by Flock available to sworn officers of the San Mateo County Sheriff’s Office for authorized purposes enumerated in the Town’s Policy; and
WHEREAS, both parties wish to further amend the Agreement to include “Exhibit C – ALPR System Use” and “Exhibit C-1 – Town of Woodside Automated License Plate Reader (ALPR) Usage and Privacy Policy.”
NOW, THEREFORE, BE IT RESOLVED, that:

The Town Council of the Town of Woodside hereby approves and authorizes the Mayor to execute Amendment Two to the Agreement for Law Enforcement Services Between the County of San Mateo and the Town of Woodside.
* * * * * *
Passed and adopted by the Town Council of the Town of Woodside, California, at a meeting thereof held on the 10th day of January, 2023, by the following vote of the members thereof:

Item B Page 54 Town Council Meeting January 10, 2023
ATTACHMENT 4
AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
___________________________________
Mayor of the Town of Woodside
ATTEST:
______________________________
Clerk of the Town of Woodside
Item B Page 55 Town Council Meeting January 10, 2023
AMENDMENT NO. 2 | AGREEMENT FOR LAW ENFORCEMENT SERVICES San Mateo County Sheriff’s Office | Town of Woodside
1 AMENDMENT TWO

TO THE AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN

THE COUNTY OF SAN MATEO AND THE TOWN OF WOODSIDE
This SECOND AMENDMENT to the Agreement for Law Enforcement Services, dated for reference purposes only as of October 31, 2022, is made between the Town of Woodside, hereinafter referred to as “Town” and the County of San Mateo, State of California, hereinafter referred to as “County.”

W I T N E S S E T H
WHEREAS, on July 1, 2021, the Town and County entered into an Agreement (Resolution No. 078295) for the performance of the agreed upon law enforcement services within its boundaries by the County through the Sheriff; and
WHEREAS, Resolution No. 078295 authorizes the Sheriff or Sheriff’s designee to accept or execute notices, documents, and amendments associated with this Agreement; and WHEREAS, on July 1, 2022, Amendment One to the Agreement was approved which incorporated the FY 2022-23 Rates and Payments set forth in Exhibit B; and WHEREAS, the Town has contracted with Flock Group, Inc. (“Flock”) for the provision of Automated License Plate Readers (“ALPRs”) to be installed within the jurisdiction of the Town; and WHEREAS, the Town has adopted an Automated License Plate Reader (ALPR) Usage and Privacy Policy (“Town Policy”), which governs the use of the ALPRs installed, or to be installed in the Town, and the access, use, and retention of data collected by those ALPRs; and WHEREAS, the Town wishes to make data collected by the ALPRs installed by Flock available to sworn officers of the San Mateo County Sheriff’s Office for Authorized Purposes enumerated in the Town’s Policy; and
WHEREAS, both parties wish to further amend the Agreement to include “Exhibit C - ALPR System Use” and “Exhibit C-1 – Town of Woodside Automated License Plate Reader (ALPR) Usage and Privacy Policy.”
NOW, THEREFORE, IT IS HEREBY AGREED as follows:

1. “Exhibit C - ALPR System Use”, is hereby added to the Agreement, attached hereto and incorporated herein by reference.

2. “Exhibit C-1 – Town of Woodside Automated License Plate Reader (ALPR) Usage and Privacy Policy” is hereby added to the Agreement, attached hereto, and incorporated herein by reference.

3. This Amendment Two is hereby incorporated and made a part of the original Agreement and subject to all provisions therein. All other terms of the original Agreement and prior amendment not in conflict with Amendment Two remain in effect and are incorporated by reference.

Item B Page 56 Town Council Meeting January 10, 2023
AMENDMENT NO. 2 | AGREEMENT FOR LAW ENFORCEMENT SERVICES San Mateo County Sheriff’s Office | Town of Woodside
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.

COUNTY OF SAN MATEO
A Political Sub-division of the
State of California
BY:

SHERIFF CARLOS G. BOLANOS
DATE:

TOWN OF WOODSIDE
BY:

DICK BROWN, MAYOR
DATE:

ATTEST:

BY:

TOWN CLERK
Item B Page 57 Town Council Meeting January 10, 2023
AMENDMENT NO. 2 | AGREEMENT FOR LAW ENFORCEMENT SERVICES San Mateo County Sheriff’s Office | Town of Woodside

EXHIBIT C

ALPR SYSTEM USE
Agreement for Law Enforcement Services between the County of San Mateo and the Town of Woodside In furtherance of providing the services described in Exhibit A, the Town shall make available, and the County shall have access to, data collected by the Town’s ALPR System, subject to the following conditions, restrictions, and protections:

1. ALPR SYSTEM.

The Town owns and/or authorizes the use of Automated License Plate Readers (ALPR) at fixed locations within the Town for certain law enforcement and public safety purposes. The Town contracts with Flock Group, Inc. (“Flock”) for the provision of the ALPR hardware and associated software to capture, store, index, and access data captured by the ALPRs (together, the “ALPR System”).

2. TOWN POLICY.

The Town has adopted an Automated License Plate Reader (ALPR) Usage and Privacy Policy (“Town Policy”), which governs the use of the ALPRs installed, or to be installed in the Town, and the access, use, and retention of data collected by those ALPRs through the ALPR System. The Town Policy is incorporated herein by reference.

3. USE.

Pursuant to the Town Policy, sworn officers and/or approved staff of the San Mateo County Sheriff’s Office (“Sheriff”) that have completed the requisite training may access data captured by the ALPRs installed within the Town and stored by the ALPR System through user IDs established through Flock.

However, such access and use is restricted to Authorized Purposes defined by the Town Policy and subject to conditions, restrictions, and protections under the Town Policy.

At all times, the Sheriff’s officers granted access to data captured by Town ALPRs shall comply with the Town Policy, including but not limited to, ensuring access and use is at all times for Authorized Purposes, that accessed and/or retained data remains secure and is retained only for the period authorized, and that data is only shared with those explicitly authorized by the Town Policy. Consistent with the Town Policy, the Sheriff will ensure that any third-party law enforcement agency requesting data captured by ALPRs within the Town is aware of and will comply with all conditions, restrictions, and protections enumerated in the Town Policy prior to sharing the requested data.

4. DISCONTINUANCE OF THE ALPR SYSTEM.

The Town reserves the right to discontinue the Sheriff’s access to the ALPR System, and/or to discontinue the operation of the ALPR System altogether, without cause or notice to the County.

Item B Page 58 Town Council Meeting January 10, 2023
APPOINTMENTS - Mayor's Councilmember Committee Appointments - 2023 Outside Agencies
Association of Bay Area Governments
(ABAG)
Councilmember Fluet
Alternate Councilmember
Dombkowski
General Assembly, June
City/County Association of
Governments (C/CAG)
Councilmember Fluet
Alternate Councilmember Wall
Second Thursday of Month, 6:30 PM
Council of Cities - City Selection
Committee (Monthly Dinner Meeting)
Mayor Shaw
Alternate Councilmember
Dombkowski
Fourth Friday of Month, 6:00 PM
Housing Endowment and Regional
Trust (HEART)
Councilmember Wall Fourth Wednesday of Month 3:00 PM
League of California Cities Peninsula
Division and Woodside Liaison
Mayor Shaw
Alternate Councilmember Fluet
Fourth Thursday of March, June, and
October (evening)
Peninsula Clean Energy Authority of
San Mateo County
Councilmember Wall Fourth Thursday of Month, 6:30 PM
SF Airport/Community Roundtable Councilmember Goeld First Wednesday of February, April, June, August, October, December 7:00
PM
San Mateo County Operational Area
Emergency Services
Councilmember Goeld Third Thursday of January, April, June, September, 5:30 PM
San Mateo County Library Joint
Powers Governing Board
Councilmember Brown February, May, June, September,
November, 8:15 AM
San Mateo County Mosquito and
Vector Control District
Paul Fregulia Second Wednesday of the Month 6:00
PM
Woodside Elementary School Mayor Pro Tem Wall
Alternate Councilmember Fluet
Second Tuesday of Month, 3:30 PM
Woodside Fire Protection District Mayor Shaw, Councilmember Goeld
Last Monday of Month, 7:00 PM
Town Committee Liaison
Arts & Culture Committee Councilmember Fluet Second Thursday of Month, 5:00 PM Audit Committee Councilmembers Dombkowski,
Goeld
As Needed
Circulation Committee Councilmember Brown Third Thursday of Month, 7:00 PM Emergency Preparedness Committee Councilmember Brown Second Wednesday of Month, 5:30 PM
Environment: Open Space,
Conservation & Sustainability
Committee
Councilmember Wall Fourth Thursday of Month, 5:30 PM
Livestock and Equestrian Heritage
Committee
Councilmember Brown Fourth Wednesday of Month, 5:30 PM
Recreation Committee Councilmember Goeld First Thursday of Month, 6:00 PM Trails Committee Councilmember Brown Second Thursday of Month, 3:00 PM Volunteerism/Volunteer Liaison and
Engagement Committee
Councilmember Dombkowski As Needed
Woodside History Committee Councilmember Brown Second Thursday of Month, 10:30 AM Item C Page 1
Town Council Meeting January 10, 2023
Other
Town Manager’s Performance Review Mayor Shaw, Mayor Pro Tem Wall, Councilmember Brown
Annually
Town Attorney’s Performance Review Mayor Shaw, Mayor Pro Tem Wall, Councilmember Brown
Annually
Town Council Committees
Appointments Subcommittee
Mayor Pro Tem Wall,
Councilmember Goeld
As Needed
Ad Hoc Firewise Committee Mayor Shaw, Councilmember
Goeld
Quarterly
Woodside Landscape Committee Councilmember Dombkowski Fourth Wednesday of Month, 3:30 PM Friends of the Woodside Library Councilmember Goeld Second Monday of Month, 9:00 AM Ad Hoc Police Contract Subcommittee Mayor Shaw, Councilmembers Dombkowski and Fluet
As Needed
Item C Page 2
Town Council Meeting January 10, 2023

← All documents from this meeting