Item No. 11
Town of Atherton
4925-7248-6331.1 014537.007
CITY COUNCIL STAFF REPORT – ACTION ITEM
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: STEVE MCCULLEY, CHIEF OF POLICE
DATE: OCTOBER 21, 2026
SUBJECT: RESPONSE TO 2025–2026 SAN MATEO COUNTY CIVIL GRAND JURY REPORT, “IS OUR FLOCK OF ALPR CAMERAS PROPERLY
TENDED?” (RELEASED AUGUST 3, 2026)
RECOMMENDATIONS
Staff recommends the Town Council:
• Authorize the Town Manager to submit the Town’s formal response to the Presiding Judge of the San Mateo County Superior Court, as required by Penal Code section 933.05, no later than November 1, 2026 (90 days from the report’s August 3, 2026 release date). • Approve the responses to Findings F1, F3, F6, F7, F8, and F9 set forth in the Analysis section below, consisting of agreement with each finding. • Approve the responses to Recommendations R1, R3, R6, R7, R8, and R9, directing staff to implement R1, R7, and R8 within the current fiscal year, and to bring R6, and R9 back to Council for further analysis within six months, consistent with Penal Code section 933.05(b)(3).
• Direct staff to return to Council with an updated ALPR Policy and Flock Safety contract amendment reflecting these responses.
BACKGROUND
On August 3, 2026, the San Mateo County Civil Grand Jury (“SMCCGJ”) released its report, Is Our Flock of ALPR Cameras Properly Tended?, examining whether Automated License Plate Reader (ALPR) operators throughout San Mateo County comply with California law — principally Civil Code sections 1798.90.5 through 1798.90.55 (SB 34) — and whether operators’ actual practices align with their adopted, publicly posted ALPR policies. The Grand Jury reviewed public agency websites, issued document requests for policies, audit reports, and Flock Safety contracts, and conducted interviews with law enforcement agencies, Flock Safety, and the Northern California Regional Intelligence Center.
Response to the 2025-2026 Civil Grand Report on ALPR
10-21-2026
4925-7248-6331.1 014537.007
Atherton was the first agency in the County to deploy ALPR technology in 2020 and currently operates 53 Flock Safety cameras. As of the Grand Jury’s April 13, 2026, review, the Atherton Police Department maintained 317 network sharing relationships with other agencies (up from 315 in February 2026), including two sharing relationships with private university POSTcompliant official police departments. The report did not find that Atherton, or any SMC operator, currently shares ALPR data with out-of-state entities.
Under Penal Code section 933(c), the Town Council, as the governing body of a public agency named in the report, must respond in writing within 90 days of the report’s release by November 1, 2026. For each finding directed to the Town, the Council must state whether it agrees or disagrees (and if it disagrees, explain why). For each recommendation, the Council must state whether it has been implemented, will be implemented (with a timeframe), requires further analysis (not to exceed six months), or will not be implemented (with an explanation).
The Grand Jury directed six findings (F1, F3, F6, F7, F8, F9) and six corresponding recommendations (R1, R3, R6, R7, R8, R9) specifically to the Atherton Town Council. These are addressed below.
ANALYSIS
The table below summarizes each finding and recommendation directed to Atherton, the Grand Jury’s underlying basis specific to the Town’s ALPR program, and staff’s proposed response.
F1 Atherton’s ALPR Policy is not conspicuously posted, consistent with California DOJ guidance 2023-DLE-06, even though the version reviewed was current. The Grand Jury also noted multiple versions of the policy in circulation. Staff response: Agree. The policy will be consolidated to a single current version and posted conspicuously on the Town’s website (R1).
F3 The Department shares ALPR data with two private university security entities (serving Stanford University and University of the Pacific). The Grand Jury found no record establishing that these recipients qualify as a “public agency” under Civil Code section 1798.90.5(f), or that another statutory basis authorizes the sharing. Staff response: Agree. Both University Police Departments have been removed from having access to our ALPR system data. (R3).
F6 The Town’s Flock Safety contract contains no provision requiring the vendor to comply with California ALPR law. Staff response: Agree. Staff will pursue a contract amendment upon renewal, using the Town of Colma’s CA-compliance addendum as a model (R6).
F7 The ALPR Policy describes a data-sharing process that requires written requests and executed agreements. Still, the Department could not produce records showing that this process was followed for its 317 existing networksharing relationships. Staff response: Agree. The Policy will be revised to reflect the Department’s actual sharing process (R7).
Response to the 2025-2026 Civil Grand Report on ALPR
10-21-2026
4925-7248-6331.1 014537.007
F8 The Policy does not set out written criteria for approving, denying, periodically reviewing, or terminating in-state network-sharing relationships. Staff response: Agree. Written criteria will be added to the Policy (R8).
F9 The retention period stated in the Policy is inconsistent with the retention period reflected on Flock’s Transparency Portal. Staff response: Agree. Staff will reconcile the Policy language with the Town’s actual contracted retention period (R9).
Proposed Implementation Timeline of Recommendations
• R1 (conspicuous posting) and R7/R8 (policy revisions to reflect sharing process and add sharing criteria): Completed
• R3 (The ALPR operator currently identified as sharing ALPR data with private university security entities should obtain and retain a written legal and factual determination that the recipient is a “public agency” under Civil Code section 1798.90.5(f), or that the sharing is otherwise permitted by law; if no lawful basis exists, the operator should terminate the sharing relationship): Completed
• R6 (contract compliance terms): will be pursued at the next Flock Safety contract renewal; staff proposes a six-month timeframe to report back on status and, if renewal timing does not align, an interim addendum.
• R9 (retention period reconciliation): requires coordination with Flock Safety and confirmation of the Town’s actual contract terms: Completed
FISCAL IMPACT
Implementation is expected to be absorbed within existing staff time and current Flock Safety contract costs. No additional appropriation is requested at this time; any cost associated with a contract amendment will be brought back to Council for consideration.
GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goal:
• Goal E – Strengthen Community Engagement and Transparency
PUBLIC NOTICE
Public notification was achieved by posting the agenda, including this agenda item, at least 72 hours before the meeting in print and electronically. Information about this item is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents and stakeholders, including, but not limited to, media outlets, school districts, the Menlo Park Fire District, service providers (water, power, and sewer), and regional elected officials.
Response to the 2025-2026 Civil Grand Report on ALPR
10-21-2026
4925-7248-6331.1 014537.007
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item ____ has or __X__ has not been before a Town Committee or Commission. ____ Audit/Finance Committee (meets every other month)
____ Bicycle/Pedestrian Committee (meets as needed)
____ Environmental Programs Committee (meets every other month) ____ Park and Recreation Committee (meets each month)
____ Planning Commission (meets each month)
____ Rail Committee (meets every other month)
____ Transportation Committee (meets every other month)
ATTACHMENTS
1. San Mateo County Civil Grand Jury ALPR Report Dated August 3, 2026
2. San Mateo County Civil Grand Jury Letter of Response Request to the ALPR Report Dated August 3, 2026
3. Town of Atherton Letter of Response to the San Mateo County Letter of Request
4. Updated Atherton Police Department Lexipol ALPR Policy