What is ALPR Technology
ALPR technology uses a combination of cameras and computer software to scan the license plates of passing vehicles. The cameras, which can be fixed (e.g., mounted on road signs or traffic lights), capture computer-readable images that allow law enforcement to compare plate numbers against plates of known stolen vehicles or vehicles associated with individuals wanted on criminal charges. When the system matches a license plate, law enforcement receives an alert with the location where the image of the vehicle with the matching plate was captured. As a part of an active investigation, detectives can also use ALPR data after a crime has been committed to identify and locate associated vehicles.
Background
In 2022, Cupertino's City Council instructed staff to explore implementing ALPR Systems within the city through the Fiscal Year (FY) 2022-2023 City Work Program (CWP). The adopted FY 2022- 2023 CWP directed staff to do the following:
1. Research ALPR systems
2. Research state laws, privacy concerns, and regulations related to ALPR
3. Compare fixed location, mobile (in-car), and portable (trailer ALPRs)
4. Identify outreach and engagement strategies used by other jurisdictions using ALPR
5. Assess locations for fixed ALPR in Cupertino
6. Estimate ALPR costs for installation, monitoring, and maintenance (Consider: Cameras, LPR, Safe- Exchange Zone, Pilot cameras in residential areas, and commercial developments. Research best practices from other similar jurisdictions)
7. In partnership with the County Sheriff, install ALPR devices for the automated detection of license plates. This data will only be for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction, and stolen property recovery.
As part of the FY 2023-2024 and the ongoing FY 2024-2025 Work Program, the Council guided staff to “Deploy city -owned license plate readers and implement policies to allow neighborhood - owned ones.”
In response to Council direction, staff conducted an in -depth examination of state legislation, privacy issues, regulatory standards for ALPRs, associated installation costs, and successful practices from comparable municipalities. In March 2023, staff presented a preliminary assessment of the ALPR systems and proposed program guidelines to the Public Safety Commission (PSC) and the Technology, Innovation, and Communication Commission (TICC) to garner input from commissioners and community members regarding technology applications, device placement, and potential privacy implications. With the help of this input, staff began drafting an ALPR usage policy and an MOU with Santa Clara County.
In January 2024, the County of Santa Clara and the Sheriff's Office adjusted their ALPR Surveillance policy, permitting data exchanges across policing agencies . This change led to the 737
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delay in the City being able to enact its own policy as staff needed to review the amendments. At the time, staff also assessed the policies and MOUs from jurisdictions like Palo Alto, Los Altos Hills, and Los Gatos to discern best practices. In addition, staff gathered perspectives from county officials, the City Attorney's Office, the City Manager's Office, and Cupertino residents on the preliminarily drafted policy and MOU. Staff incorporated feedback and then returned the revised policy to the PSC in September 2024 for the final recommendation before being presented to the City Council for official adoption.
ALPR Programs in Nearby Jurisdictions
• City of Saratoga
In 2023, the Saratoga City Council authorized a permanent ALPR system comprising seven cameras in partnership with Flock Safety. This ALPR system captures vehicle license plate images and then compares license plate numbers against law enforcement databases. If a plate matches a listing on a database, the system alerts the Sheriff's Office so a deputy can investigate.
In September 2022, the Saratoga City Council adopted a change that allows neighborhoods to use the City's Landscaping and Lighting Assessment District (LLAD) framework to fund the addition of Flock ALPR cameras in their neighborhood and place cameras in the right- of-way at the entrance to a neighborhood. Cameras funded through this process are paid for through property tax assessments on homes in the assessment district. 51 LLAD devices are installed in Saratoga.
• Town of Los Altos Hills
The Town of Los Altos Hills (Town) has partnered with the ALPR camera vendor, Flock Safety, to install 40 ALPR cameras throughout the Town. Every street entrance into Town will have a camera scanning the license plates of inbound traffic to Los Altos Hills. Several other major intersections and roadways within Town boundaries will also have cameras installed. License plate information will be compared against law enforcement lists of license plates associated with stolen vehicles and people who have committed a crime. If the ALPR system detects any matches, the Santa Clara County Office of the Sheriff will be notified immediately to investigate.
Staff Analysis of ALPR Programs in Nearby Jurisdictions The City of Saratoga and the Town of Los Altos Hills have implemented ALPR coverage with strategic camera placements at city entrances and major intersections. Cupertino's proposal aims to adopt a similar approach, ensuring comprehensive monitoring; however, the City of Cupertino has significantly more access points than either Saratoga or Los Altos Hills. Staff have partnered with the Sheriff 's Office to identify locations in Cupertino to maximize the effectiveness of the ALPR system.
Flock Safety has been identified as the ALPR vendor for the City of Saratoga and the Town of Los Altos Hills, providing comprehensive coverage with strategic camera placements at critical points. 738
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Best Practices
Staff identified the following best practices from multiple jurisdictions, including the City of Saratoga and the Town of Los Altos Hills.
• Comprehensive Coverage: Install cameras at all key entry and exit points and major intersections to ensure thorough monitoring.
• Vendor Selection: Choose a vendor with proven reliability and seamless integration with existing law enforcement systems.
• Real-time Alerts: Implement a real -time notification system to alert law enforcement promptly and enable swift action.
• Policy Development: Develop a detailed policy outlining the use, monitoring, and evaluation of the ALPR system, including privacy considerations. • Oversight and Accountability: Appoint an ALPR administrator to oversee the system's operation, maintenance, and auditing and liaise for any inquiries or grievances. • Annual Reporting: Include an annual report to assess the system's effectiveness and inform necessary adjustments.
Draft Resolution and Proposed City of Cupertino ALPR Policy (Attachment A) The proposed ALPR policy is a document that sets forth the rules and guidelines for using an automated license plate reader system in the City of Cupertino. The policy aims to introduce clear protocols and protections regarding the collection, storage, and sharing of ALPR data alongside methods for supervision and periodic audits. The policy applies primarily to the ALPR devices owned or leased by the city and installed on city infrastructure; however, the policy allows data sharing from privately owned ALPR devices.
The proposed ALPR policy for the City of Cupertino has been developed by leveraging the established policies and experiences of other local jurisdictions, including the City of Saratoga and the Town of Los Altos Hills. To ensure the ALPR system's efficacy and seamless integration, Cupertino will adopt annual reporting and best practices observed in Los Altos Hills, enabling data-driven decision-making and continuous enhancement.
The policy covers the following aspects of the ALPR system:
• Authorized and prohibited uses of the ALPR system
• Data collection process.
• Installation and maintenance of the ALPR devices.
• Data access, storage, and protection procedures.
• Data retention period.
• Public access limitations.
• Third-party data sharing conditions.
• Training requirements.
• Oversight responsibilities.
California Civil Code section 1798.90.5 requires that public agencies with ALPRs adopt and implement a usage and privacy policy that identifies the individuals who will have access to the ALPR data, describes how the ALPR system will be monitored, lists parameters for sharing of ALPR data, describes measures that will be taken to protect the accuracy of ALPR data, and 739
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specifies the retention period for ALPR data. The resolution establishing the City's Automated License Plate Ready Policy must be approved to implement the ALPR program . The recommended action includes adopting a resolution establishing the City of Cupertino Automated License Plate Reader Policy and authorizing the City Manager to establish a memorandum of understanding between the City and the Sheriff's Office governing the use of the ALPR System.
Dra
ft MOU with the Santa Clara County Sheriff's Office (Attachment B) The draft MOU is an agreement between the City and the Sheriff's Office on the use of the ALPR system within the City , which clarifies the duties and expectations of the City and the County concerning the ALPR program, including data handling, security, and maintenance such as:
• Use: The Sheriff's Office is authorized to use the ALPR system for legitimate law enforcement purposes within the City in accordance with the applicable policies and laws.
The Sheriff's Office is prohibited from using the ALPR system for any discriminatory , harassing, or retaliatory purposes or for any personal or political reasons. • Data: The Sheriff's Office is the custodian of the ALPR data and is responsible for ensuring its security, accuracy, and integrity. The Sheriff's Office is required to comply with the City's and the County's policies on data collection, storage, access, sharing, retention, and ownership. The Sheriff's Office is also required to comply with the California Public Records Act and other laws regarding the disclosure of ALPR data. • Training: The Sheriff's Office is responsible for providing adequate training to its personnel on the proper use of the ALPR system and the applicable policies and laws. The Sheriff's Office is also required to maintain training records and provide copies to the City upon request.
• Oversight: The Sheriff's Office is required to conduct regular audits and reviews of the ALPR system and data to ensure compliance with the MOU and the policies and laws. The Sheriff's Office is also required to report any violations, breaches, or incidents involving the ALPR system or data to the City and to cooperate with any investigations or inquiries by the City or other authorities.
• Monitoring: The Sheriff's Office shall be accountable for monitoring the use and performance of the City ALPR system and ensuring adherence to this policy and applicable laws. The Sheriff's Office will work with the City to evaluate this policy annually and revise it as necessary to reflect changes in technology, laws, or best practices, and inform the City of any suggested changes to the policy.
The MOU incorporates the City's ALPR Policy and the County's ALPR Surveillance Use Policy, which set forth the standards and procedures for the lawful and ethical use of the ALPR system and data. The MOU requires both Parties to adhere to these policies and t o update them as needed
to reflect the current best practices and legal requirements.
Recommendation for an Agreement with Flock Safety (Attachment C) Currently, Flock Safety is the only ALPR system approved by the County of Santa Clara and the Sheriff's Office as i t conforms to the County Surveillance Use Policy. Several ne arby cities have deployed ALPR sy st ems r ecently in p artnership with Fl o ck S afety, in cluding the T own of Lo s Altos Hills, the City of Saratoga, the Town of Los Gatos, the City of Palo Alto, and the City of San 740
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Jose. The Town of Los Altos Hills conducted an informal solicitation in 2021 and selected Flock Safety as the best value to the jurisdiction. Staff consulted with the jurisdictions regarding their experiences with the vendor and recommends that the City Council authorize the City Manager to negotiate and approve an agreement with Flock Safety to lease ALPR cameras not to exceed $185,000 for three years, with the option for two additional years and a maximum total compensation of $300,000 (approximately $60,000 annually). Utilizing Flock Safety will allow the City to leverage Los Altos Hills' procurement process , streamline implementation, and ensure compatibility across jurisdictions.
Proposed Camera Locations (Attachment D)
In consultation with the Santa Clara County Sheriff's Office, staff proposes 15 camera locations to serve as entry points into the City or on major arterial roads to maximize the effectiveness of the ALPR system. The selected locations provide adequate sun exposure for each ALPR unit.
Data Accessible by Law Enforcement
The Sheriff's Office has access to various data collected by the ALPR system. The data collected is stored securely and is only accessible by authorized personnel within the Sheriff's Office as a part of an official investigation , including investigating criminal activities, locating missing persons, and other public safety objectives. The Sheriff's Office ensures that the access and use of ALPR data comply with all relevant laws and policies to protect individual privacy and civil liberties.
The City will review the annual report and provide feedback to the Sheriff's Office as needed. The City will also post a summary of the annual report on the City's website for public information.
Community Outreach
Staff conducted outreach on the proposed ALPR system, including presenting to the PSC and the TICC in March 2023. The presentations covered the purpose, benefits, costs, and privacy implications of the ALPR system and solicited feedback from the commissioners and the public.
Staff also returned to the Public Safety Commission in September 2024 to provide an update on the ALPR program and seek recommendations for City Council approval. The Public Safety Commission reviewed the proposed ALPR Policy, the proposed locations for the ALPR cameras, the draft MOU with the Sheriff's Office, and the draft agreement with FLOCK Safety. The Public Safety Commission voted unanimously to recommend all actions for approval by the City Council at the duly noticed meeting on September 12, 2024.
Sustainability Impact
No sustainability impact.
Fiscal Impact
The FY 2023-2024 CWP allocated $60,000.00 for this item. The total cost for the program's first year, including 15 ALPR devices, installation, testing, and maintenance, is estimated at $62,250.00. The annual recurring cost for subsequent years is $59,000.00, which covers the devices' lease, warranty, and software updates. Additional budget may be necessary if the City determines that additional publicly owned ALPR devices are warranted.
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Cost Breakdown for ALPR Program
Description Cost
First Year Total $62,250
Annual Recurring Cost $59,000
Cost per Camera per Year $3,000
First Three Years $180,250
Optional Two Years $118,000
Maximum Contract $298,250
California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Thomas Chin, Emergency Manager
Reviewed
by: Christopher D. Jensen, City Attorney
Tina Kapoor, Interim Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – Draft Resolution Establishing the City of Cupertino Automated License Plate Reader Policy B – Draft Memorandum of Understanding Between the County of Santa Clara and the City of Cupertino
Regarding the Use of ALPRs
C – Flock Safety Quote for Services
D – Proposed Camera Locations
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RESOLUTION NO. 24-
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
ESTABLISHING A POLICY FOR AUTOMATED LICENSE PLATE READERS
WHEREAS, Automated License Plate Reader (ALPR) cameras are used by police departments across the United States to instantly capture license plate information and compare it against lists of license plates associated with stolen vehicles, people who have committed a crime, and for other investigative purposes; and
WHEREAS, many organizations that have used ALPR technology have found it to be an effective tool in fighting crime; and
WHEREAS, California Civil Code section 1798.90.5 requires that public agencies with ALPRs adopt and implement a usage and privacy policy that identifies the individuals who will have access to the ALPR data, describes how the ALPR system will be monitored, lists parameters for sharing of ALPR data, describes measures that will be taken to protect the accuracy of ALPR data, and specifies the retention period for ALPR data.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby adopts the attached Automated License Plate Reader Policy for the use of ALPR cameras in the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1
st day of October, 2024, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
________
Sheila Mohan, Mayor
City of Cupertino
________________________
Date
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Resolution No. __________________
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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Resolution No. __________________
CITY OF CUPERTINO AUTOMATED LICENSE PLATE READER POLICY
I. Purpose
The City of Cupertino ("City") leases an Automated License Plate Reader (ALPR) system within the City operated by the Santa Clara County Sheriff's Office ("Sheriff's Office") for certain law enforcement and public safety purposes. ALPR systems use high-speed cameras to photograph vehicle license plates. The City intends to contract with vendors to install and maintain the ALPR system. The City ALPR system may also obtain data from ALPR cameras not owned or leased by the City. This policy applies to data held within the City's ALPR system but does not apply to data held independently by the owners or lessors of ALPR cameras not owned or leased by the City. The City ALPR system is intended only for authorized law enforcement and public safety purposes, and its data are only intended to be accessed by authorized users.
California Civil Code section 1798.90.5 requires public agencies operating ALPR systems to adopt and implement a usage and privacy policy to ensure that the collection, use, maintenance, sharing, and dissemination of information collected pursuant to such system protects individual privacy and civil liberties. Consistent with the City's commitment to individual privacy and civil liberties and the State law mandate, the City has adopted this policy to regulate the use, management, retention, and other aspects of the City' s ALPR system. This policy shall be made available to the public in writing and posted on the City's website.
II. Authorized and Prohibited Uses
The City ALPR system shall only be utilized for the following purposes:
• To locate stolen, wanted, and/or other vehicles that are the subject of an investigation
• To l
ocate and/or apprehend individuals subject to arrest warrants or who are otherwise lawfully sought by law enforcement
• To locate victims, witnesses, suspects, and others associated with a law enforcement investigation
• To locate missing persons, including in response to Amber Alerts and Silver Alerts
• To support local, State, Federal, and regional public safety departments in the identification of vehicles associated with targets of criminal investigations, 745
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including investigations of serial crimes
• To analyze traffic patterns using anonymized data
• To protect participants at special events; and
• To protect critical infrastructure sites.
Any data obtained from the City ALPR system shall be used and handled pursuant to this policy and applicable State and Federal law. All other uses not referenced above are prohibited. Under no circumstances shall the ALPR system be used for personal or commercial purposes or other purposes not specifically authorized above. Access to the ALPR system does not negate the need to comply with other laws or regulations, including obtaining a search warrant when legally required.
The City shall at no time maintain an account for the ALPR system that allows the City to access the data collected or stored by the ALPR system.
III. Data Collection
The City ALPR system shall collect digital images of vehicle license plates and their associated license plate numbers. The ALPR system shall collect the date and time the license plate passes a digital-image site where an ALPR is located , a captured vehicle's geographical location, and vehicle details (make, model, type, and color).
Live video, vehicle speeds, and audio shall not be provided or recorded. To the extent practicable, the ALPR system shall be designed to blur images of individuals that the system may inadvertently collect.
IV. Installation and Maintenance
This policy addresses the installation and maintenance of city-owned or leased ALPR devices. An Encroachment Permit will be required for the installation of these devices. While there will be no fee for the permit, an insurance certificate will be necessary. A traffic control plan will also be required if traffic is obstructed during installation.
No privately leased or owned ALPR devices will be permitted on City infrastructure. The City will lease the ALPR devices from a vendor responsible for installation and maintenance. The vendor will not be authorized to access data collected by the ALPR system under any circumstances. Their role will be limited to operating, inspecting, troubleshooting, and maintaining the system hardware, software, associated cloud storage mechanisms, and servers, as necessary. To the extent feasible, cameras should be directed toward public property and away 746
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Resolution No. __________________
from private property.
V. Data Access, Storage, and Protection
The City's ALPR system may only be used by, and data collected thereunder shall be accessible only by, personnel of the Sheriff 's Office pursuant to a contract providing law enforcement services to the City. The City's ALPR system shall be accessible only through a login and password -protected system capable of documenting individual user access by name, date, and time.
In addition to this policy, Sheriff's Office personnel shall observe and comply with the Sheriff 's Office Surveillance Use Policy and any additional guidelines and regulations that are in place governing ALPR use and access. Prior to the City granting use and access, the Sheriff's Office shall execute an agreement with the City and/or the City's contracted ALPR vendor(s), to the satisfaction of the City Attorney, agreeing to comply with this policy.
Contracts with vendors for the operation, maintenance, and repair of the ALPR system shall provide that the vendor is not authorized to access data collected by the ALPR system under any circumstances. Such vendors shall only be tasked with operating, inspecting, troubleshooting, and maintaining the system hardware , software, associated cloud storage mechanisms, and servers, as necessary.
Data collected by the City ALPR system is automatically uploaded to the ALPR system's associated cloud storage at the time of capture. The City's contracted ALPR vendor shall provide and maintain cloud storage and server capacity as part of the scope of services. The City shall confirm that the contracted vendor installs and implements appropriate security measures for such storage , including encryption, firewalls, authentication, and other reasonable data protection measures.
Data stored in the City ALPR system cloud space shall not be downloaded to a local server, stored locally on a hard drive or portable device, or provided in a physical printout, except in the following cases:
• Where the ALPR system has identified vehicle license plate images and numbers as a match to a law enforcement registry
• Where data retrieval is necessary for conducting or assisting with a criminal investigation or to facilitate an authorized use identified in Section II 747
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Resolution No. __________________
above
Only personnel from the Sheriff's Office working in an investigative or enforcement function may download ALPR data for local storage or printout (collectively, "Local Data ") for authorized purposes stated herein. Data from the City ALPR system may not otherwise be downloaded for any other purpose, whether by Sheriff's Office authorized personnel, City staff, or other individuals or entities.
Local Data shall be maintained in accordance with applicable State and Federal evidentiary laws and in accordance with appropriate chain of custody practices.
Additionally, the Sheriff 's Office shall implement physical security, encryption, firewalls, authentication, and other reasonable security measures to protect Local Data retrieved from the system.
Local Data shall be accessible only through a login and password-protected system capable of documenting individual user access by name, date, and time.
VI. Data Retention
Data stored in the ALPR cloud system shall be purged after thirty (30) days from the date it was uploaded to the cloud system unless downloaded or stored pursuant to Section IV above.
Data that is downloaded or stored pursuant to Section IV above shall be purged no later than tweleve (12) months from the date it was downloaded for local storage unless the data thereafter becomes associated with a criminal investigation or an ongoing case for an authorized purpose identified in Section II above. In the latter case, the data shall be retained for the duration of the criminal investigation and the criminal proceedings through adjudication of the case in the same manner as other evidence in the matter unless otherwise ordered by the court to be retained for a longer period or permanently.
VII. P
ublic Access
Data from the City ALPR system shall not be sold, shared, or transferred except as explicitly authorized by this policy. Data from the City ALPR system shall not be made public unless specifically required by State o r federal law or court order. If a public request for data is received, the Sheriff's Office shall consult with the Santa Clara County Counsel's Office to determine whether the requested data is exempt 748
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from disclosure pursuant to the California Public Records Act or other State of Federal law provisions, and whether any additional steps are required in response to such a request for data.
VIII. Third-Party Data Sharing
Data-sharing from the City's ALPR system shall be limited to only the following:
• District Attorney's Office for use as evidence to aid in prosecution, in accordance with laws governing evidence
• Public Defender's Office or criminal defense attorney via the District Attorney's Office in accordance with California criminal discovery laws; and • Other law enforcement agencies, as part of a formal criminal or administrative investigation
• Parties to civil litigation in response to a court order.
IX. Training
All personnel authorized to use and access the ALPR system and data pursuant to this policy shall receive all required training from the Sheriff's Office. Said personnel shall also review and receive copies of this policy and the Sheriff's Office Surveillance Use Policy.
X. Oversight
The Sheriff's Office shall ensure compliance with this policy as the provider of law enforcement services to the City.
All-access to ALPR system data shall be logged, and the Sheriff's Office shall maintain an audit trail of requested and accessed information, including the purpose of the search. Periodic, random audits shall be conducted by the Sheriff's Office and on at least an annual basis. Audits shall ensure compliance with this policy and all applicable laws and shall be used to ensure the accuracy of ALPR information and correct data errors. Audit reports shall contain at least the following information:
•
Name of law enforcement agency that accessed the data
• Date and time of access
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• Reason for accessing data
• Activity executed, including any license plate numbers searched identified in a separate confidential appendix
• Incident number associated with the investigation
• The number of arrests resulting from the ALPR system
• The number and type of data requests, disclosures, and denials • The number and nature of any violations of this policy or applicable laws • The number and resolution of any complaints received
• Any challenges or problems encountered with the ALPR system • Any recommendations for improvement or enhancement of the ALPR system Upon completion of each audit, the Sheriff's Office shall provide a copy of the audit report to the City Manager or the City Manager's designee within five (5) business days of completion.
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MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SANTA
CLARA AND THE CITY OF CUPERTINO REGARDING THE USE OF AUTOMATIC LICENSE PLATE READERS (ALPRs)
Thi
s Memorandum of Understanding ("MOU") is made between the County of Santa Clara ("County") and the City of Cupertino ("City") (collectively referred to as the "Parties" and each one a "Party") regarding the administration of the City's Automatic License Plate Reader system ("ALPRs").
I. PURPOSE
In 2014, the County entered in to a Law Enforcement Contract with the City pursuant to which the County of Santa Clara Office of the Sheriff ("Sheriffs Office") provides law enforcement services within the corporate limits of the City. In 2024, the Parties entered into a First Amendment to the Law Enforcement Contract. The Law Enforcement Contract and the First Amendment to the Law Enforcement Contract are attached as Exhibit A to this MOU.
The City has acquired ALPRs for use within the corporate limits of the City.
The City desires that the Sheriff's Office administer the ALPR system pursuant to the Law Enforcement Contract and the First Amendment to the Law Enforcement Contract between the County and the City.
The purpose of this MOU is to govern the Parties' obligations with respect to the ALPRs.
II. ROLES AND RESPONSIBILITIES
A. Acquisition and Maintenance of ALPRs
The City will be responsible for the acquisition, installation, and maintenance of the ALPRs, and any associated costs. The City may consult with the Sheriff's Office on the placement of the ALPRs.
B. Authorized and Prohibited Uses
The ALPRs will only be used for the purposes identified in the City's ALPR Policy (attached as Exhibit B) and the County ALPR Surveillance Use Policy (attached as Exhibit C).
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Policy, the more restrictive policy shall govern the conduct of the County and the Sheriff’s Office, and any officers, employees, or agents thereof, with respect to the ALPRs.
C. Data Collection, Storage, Access, Sharing, and Retention Data collection, storage, access, sharing, and retention will be in accordance with the City ALPR Policy and the County ALPR Surveillance Use Policy. Where a conflict exists between the City ALPR Policy and the County ALPR Surveillance Use Policy, the County ALPR Surveillance Use Policy shall govern the conduct of the County and the Sheriff’s Office, and any officers, employees, or agents thereof, with respect to the ALPRs.
The City further agrees that it will delegate the administrative account with two- actor authentication enabled for the ALPR system to a Sheriff’s Office employee designated by the Sheriff’s Office. The City shall at no time maintain an account for the ALPR system that allows the City access to the data collected or stored by the ALPR system.
D. Data Ownership
As between the County and the City, the City owns the images captured by the ALPR system. The County owns any data input by the Sheriff’s Office into the ALPR system and any data or records generated by the ALPR system or by the ALPR vendor reflecting a match between an image and a vehicle of interest.
E. Training
All Sheriff’s Office personnel authorized to use and access the ALPR system and data pursuant to this MOU shall receive all required training from the Sheriff’s Office. Said Personnel shall also review and receive copies of the City ALPR Policy and the County ALPR Surveillance Use Policy.
F. Oversight
Each Party will ensure that its officers, employees, and agents comply with this MOU, including the City ALPR Policy and County Surveillance Use Policy.
All access to ALPR Data shall be logged, and the Sheriff’s Office shall maintain an audit trail of requested and accessed information, including the purpose of the search. The 752
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Sheriff's Office shall conduct an audit on at least an annual basis to determine compliance with this MOU, the incorporated exhibits, and all applicable laws. The Sheriff shall provide copies of the audit report to the City as requested but is entitled to withhold any law enforcement-sensitive portions of the report (e.g., California Department of Justice or other criminal justice data released on a need -to-know/right-to-know basis).
G. Compensation
The Sheriff’s Office will be compensated for services performed under this MOU in accordance with the Law Enforcement Contract and the First Amendment to the Law Enforcement Contract.
III. TERM OF AGREEMENT
The term of this MOU shall commence upon the date of execution by all Parties and shall expire on June 30 , 2026, unless otherwise terminated by the Parties as provided herein. The Parties may extend the term of the MOU by written amendment to this MOU executed by all Parties.
IV. TERMINATION
Any Party may terminate this MOU, at any time and without cause, upon 60 days’ written notice given to the other Party pursuant to Section VI, "NOTICES." The County (through the Board of Supervisors) may immediately terminate the MOU for cause if it determines that the City is violating the terms of this MOU, including the attached Exhibits. Prior to terminating for cause, the County must provide the City with notice of the alleged breach and provide the City 5 business days to respond and remedy the breach. The County (through the Board of Supervisors) may immediately terminate the MOU if City fails to timely remedy the breach.
Notwithstanding Section III, the MOU shall immediately terminate upon the termination of the Law Enforcement Contract (including any extensions or amendments thereof).
Should the City revoke or amend the City ALPR Policy or the County revoke or amend the County ALPR Policy, either Party has the option to either terminate this MOU or to offer 753
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an amendment to the MOU.
V. AMENDMENTS
This MOU may only be amended by a written instrument signed by the Parties.
VI. NOTICES
Any notice required to be given under this MOU shall be in writing and addressed as follows:
Notice to County:
Robert Jonsen, Sheriff
Santa Clara County Office of the Sheriff
55 W. Younger Avenue
San Jose, CA 95110
County of Santa Clara Board of Supervisors
70 West Hedding Street
East Wing, 10th Floor
San Jose, CA 95110
James Williams, County Executive
70 West Hedding Street
11th Floor
San Jose, CA 95110
Tony LoPresti, County Counsel
70 West Hedding Street
East Wing, 9th Floor
San Jose, CA 95110
Notice to City:
Pamela Wu, City Manager
10300 Torre Avenue
Cupertino, CA 95014
Christopher Jensen, City Attorney
10300 Torre Avenue
Cupertino, CA 95014
Thomas Chin, Emergency Manager
10300 Torre Avenue
Cupertino, CA 95014
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The notice required by this MOU shall be effective when, according to timestamps in the sender’s email system or deposited in the United States mail, first-class postage is prepaid.
VII. INDEMNIFICATION AND INSURANCE
Indemnification and insurance for purposes of this MOU will be governed by Sections IV and V of the Law Enforcement Contract.
VIII. RECORDS REQUESTS
The Parties are public agencies subject to the disclosure requirements of the California Public Records Act ("CPRA").
To the extent a Party's proprietary information is contained in documents or information submitted to any other Party, and the Party submitting the document or information ("submitting Party") claims that such information falls within one or more CPRA exemptions, the submitting Party must clearly mark such information "CONFIDENTIAL AND PROPRIETARY" or with similar language, and identify the specific lines containing the information. In the event of a request for such information, the Party in receipt of such information ("receiving Party") will make best efforts to provide notice to the submitting Party prior to such disclosure pursuant to a CPRA request. If the receiving Party receives a CPRA request seeking or partially seeking information clearly marked as confidential or proprietary of the submitting Party, the receiving Party will provide written notice to the submitting Party in a reasonably prompt manner. If the submitting Party contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County before the receiving Party is required to respond to the CPRA request. If the submitting Party fails to obtain such remedy within the time the receiving Party is required to respond to the CPRA request, the receiving Party may disclose the requested information.
Data collected by the ALPRs shall not be made public unless required by federal or state law or court order. The Parties agree that they will notify and consult with the other 755
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with respect to any CPRA request seeking records relating to the ALPR system.
The Parties agree that it shall defend, indemnify, and hold harmless the other against any claim, action or litigation (including but not limited to all judgments, costs, fees, and attorneys’ fees) that may result from denial of a CPRA request for information arising from any representation, or any action (or inaction) of the indemnifying Party.
IX. CONFLICTS OF INTEREST
The Parties shall comply, and shall ensure that their employees, contractors and subcontractors comply, with all applicable (i) requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code section 1090 et. seq., the California Political Reform Act (California Government Code section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et. seq.). In accepting this MOU, the Parties covenant that they presently have no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this MOU. Each Party is responsible for assuring compliance of its subcontractors and employees with the requirements of this provision.
X. NON-DISCRIMINATION
The Parties shall comply with all applicable laws concerning nondiscrimination and equal opportunity in employment and contracting, including but not limited to the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of I 967; the Rehabilitation Act of 1973 (Sections 503 and 504); the Equal Pay Act of 1963; California Fair Employment and Housing Act (Gov. Code § 12900 et seq.); California Labor Code sections 1101, 1102, and 1197.5; and the Genetic Information Nondiscrimination Act of 2008. In addition to the foregoing, the Parties shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical 756
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condition, political belief, organizational affiliation, or marital status in the recruitment, selection for training (including but not limited to apprenticeship), hiring, employment, assignment, promotion, layoff, rates of pay or other forms of compensation. Nor shall the Parties discriminate in the provision of services provided under this contract because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status.
XI. GOVERNING LAWS AND VENUE
This MOU has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. The proper venue for legal action regarding this MOU shall be in Santa Clara County.
XII. ENTIRE AGREEMENT
This MOU and its Exhibits and/or Attachments constitute the final, complete, and exclusive statement of the terms of the agreement between the Parties regarding the subject of this MOU. All Exhibits and/or Attachments to this MOU are incorporated herein as one agreement. This MOU incorporates and supersedes all the agreements, covenants and understandings between the Parties concerning the subject matter hereof, and all such agreements, covenants and understandings have been merged into this MOU. In the event that any term, condition, provision, requirement, or specification set forth in the body of this MOU conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this MOU, the provisions of the body of the MOU shall prevail. No prior or contemporaneous agreement or understanding, verbal or otherwise, of the Parties or their agents shall be valid or enforceable unless embodied in this MOU.
XIII. THIRD PARTY BENEFICIARIES
This MOU does not, and is not intended to, confer any rights or remedies upon any person or entity other than the Parties.
XIV. SIGNATORIES NOT AGENTS/INDEPENDENT CONTRACTOR
Parties to this MOU shall have no authority, express or implied, to act on behalf of any 757
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signatory in any capacity whatsoever as an agent. The Parties shall have no authority, express or implied, pursuant to this MOU to bind each other to any obligation whatsoever. This MOU is not a contract of employment and does not create an employer -employee relationship between the Parties and neither Party shall be considered the employees of the other and shall not qualify for or become entitled to any claims for employment and retirement benefits from the other.
XV. NON-ASSIGNMENT
No assignment of this MOU or of the rights and obligations hereunder shall be valid without the prior written consent of all Parties.
XVI. WAIVER
No delay or failure to require performance of any provision of this MOU shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a party shall be in writing and shall apply to the specific instance expressly stated.
XVII. COUNTERPARTS
This MOU may be executed by the Parties in separate counterparts, each of which, when so executed and delivered, shall be an original, but all such counterparts shall together constitute one and the same instrument.
XVIII. CONTRACT EXECUTION
Unless otherwise prohibited by law or County or City policies, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term "electronic copy of a signed contract" refers to transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term "electronically signed contract" means a contract executed by applying an electronic signature using technology approved by the County or the City .
XIX. COVID-19 REQUIREMENTS (IF APPLICABLE)
City shall comply with all County requirements in effect relating to COVID -19 for persons who routinely perform services for County onsite and share airspace with or 758
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proximity to other people at a County facility as part of their services for County as set forth in a County Health Order (or similar directives) available at https://covid19.sccgov.org/home , and incorporated herein by this reference. City shall comply with all reasonable requests by County for documentation demonstrating City’s compliance with this Section.
XX. LEVINE ACT COMPLIANCE
City will comply, and will ensure that its agents (as that term is defined under 2 Cal.
Code Regs. § 18438.3(a)) and its subcontractors identified in City’s proposal responding to a County solicitation and/or identified in this Agreement (“Subcontractors”) comply, with California Government Code section 84308 (“Levine Act”) and the applicable regulations of the Fair Political Practices Commission concerning campaign disclosure (2 California Code of Regulations sections 18438.1 – 18438.8), which (1) require a party to a proceeding involving a contract to disclose on the record of the proceeding any contribution, as defined by Government Code section 84308(a)(6), of more than $250 that the party or their agent has made within the prior 12 months, and (2) prohi bit a party to a proceeding involving a contract from making a contribution, as defined by Government Code section 84308(a)(6), of more than $250 to any County officer during the proceeding and for 12 months following the final decision in the proceeding. City agrees to submit any disclosures required to be made under the Levine Act at the Office of the Clerk of the Board of Supervisors website at http://www.sccgov.org/levineact, and Contractor shall require Subcontractors to do the same.
If this Agreement is to be considered or voted upon by the County’s Board of Supervisors, City shall complete the Levine Act Contractor Form: Identification of Subcontractors and Agents, and if applicable, shall ensure that any Subcontractor completes the Levine Act Subcontractor Form: Identification of Agents, and City must submit all such forms to the County as a prerequisite to execution of t he Agreement.
IN WITNESS WHEREOF, the Parties have caused the Agreement to be executed as of the Effective Date written above.
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COUNTY OF SANTA CLARA CITY OF CUPERTINO
__________
___
Susan Ellenberg
President, Board of Supervisors
Pamela Wu
City Manager
Date: ______ ______
Signed and certified that a copy of this document
has been delivered by electronic or other means to
the President, Board of Supervisors.
Date: _________
APPROVED AS TO FORM AND LEGALITY:
_____
Stephanie M. Jackson
Deputy County Counsel
Date: ___________________________
APPROVED AS TO FORM AND LEGALITY:
____________ _
Christopher D. Jensen
Cupertino City Attorney
Date: ___________________________
ATTEST:
__ ________
Curtis Boone
Acting Clerk of the Board
Date: ___________________________
ATTEST:
_____ _____
Kirsten Squarcia
City Clerk
Date: ___________________________
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Flock Safety + CA - City of
Cupertino
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:
Kyle Egkan
[email protected]
7144690389
Created Date: 09/09/2024
Expiration Date: 11/30/2024
Quote Number: Q-84265
PO Number:
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Budgetary Quote
This document is for informational purposes only. Pricing is subject to change.
Bill To: 10300 Torre Avenue Cupertino, California 95014 Ship To: 10300 Torre Ave Cupertino, California 95014
Billing Company Name: CA - City of Cupertino Subscription Term: 12 Months Billing Contact Name: Payment Terms: Net 30
Billing Email Address: Retention Period: 30 Days
Billing Phone: Billing Frequency: Annual Plan - First Year Invoiced at Signing.
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $59,000.00
Flock Safety Flock OS
FlockOS ™ - Essentials Included 1 Included
Flock Safety LPR Products
Solar Falcon ® LR Included 7 Included
Flock Safety Falcon ® Included 8 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Existing Infrastructure
Implementation Fee $150.00 7 $1,050.00
Professional Services - Standard
Implementation Fee $650.00 2 $1,300.00
Professional Services - Existing Infrastructure
Implementation Fee $150.00 6 $900.00
Subtotal Year 1: $62,250.00
Annual Recurring Subtotal: $59,000.00
Estimated Tax: $0.00
Contract Total: $62,250.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This is not an invoice – this document is a non-binding proposal for informational purposes only. Pricing is subject to change.
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Billing Schedule Amount (USD)
Year 1
At Contract Signing $62,250.00
Annual Recurring after Year 1 $59,000.00
Contract Total $62,250.00
*Tax not included
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Product and Services Description
Flock Safety Platform Items Product Description
Flock Safety Falcon ® An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.
One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.
Professional Services -
Standard Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.
Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.
FlockOS Features & Description
FlockOS Features Description
Community Network Access
The ability to request direct access to feeds from privately owned Flock Safety Falcon® LPR cameras located in neighborhoods, schools, and businesses in your community, significantly increasing actionable evidence that clears cases.
Unlimited Users Unlimited users for FlockOS
State Network (License Plate Lookup Only) Allows agencies to look up license plates on all cameras opted into the Flock Safety network within your state.
Nationwide Network (License Plate Lookup Only)
With the vast Flock Safety sharing network, law enforcement agencies no longer have to rely on just their devices alone. Agencies can leverage a nationwide system boasting 10 billion additional plate reads per month to amplify the potential to collect vital evidence in otherwise dead-end investigations.
Law Enforcement Network Access The ability to request direct access to evidence detection devices from Law Enforcement agencies outside of your jurisdiction.
Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices Vehicle Fingerprint Search
Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.
Insights & Analytics Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports.
ESRI Based Map Interface Map-based interface that consolidates all data streams and the locations of each connected asset, enabling greater situational awareness and a common operating picture.
Real-Time NCIC Alerts on Flock ALPR Cameras
Receive automated alerts when vehicles entered into established databases for missing and wanted persons are detected, including the FBI’s National Crime Information Center (NCIC) and National Center for Missing & Exploited Children (NCMEC) databases.
Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera
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CITY-OWNED AUTOMATED LICENSE PLATE READER (ALPR) PROGRAM October 1, 2024
PROPOSED CAMERA LOCATIONS (ATTACHMENT D)
In consultation with the Santa Clara County Sheriff's Office, staff proposes 15 camera locations to serve as entry points into the City or on major arterial roads to maximize the effectiveness of the ALPR system. The selected locations provide adequate sun exposure for each ALPR unit. The list of the proposed approximate locations and a map follow:
1. Foothill Boulevard at Starling Drive
2. North Sterling Road at Homestead Road
3. Stern Avenue at Stevens Creek Boulevard
4. Bollinger Road at Lawrence Expressway
5. Prospect Road at De Anza Boulevard
6. Stevens Creek Boulevard at Peninsula
Avenue
7. Bubb Road at Stevens Creek Boulevard
8. Wolfe Road at Vallco Parkway
9. Wolfe Road at Pruneridge Avenue
10. Stevens Creek Boulevard at Campus
Drive
11. Wolfe Road at Perimeter Road
12. Stevens Creek Boulevard at City Limit
13. De Anza Boulevard at Eastbound I-280
Off Ramp
14. De Anza Boulevard at Infinite Loop
15. De Anza Boulevard at Rainbow Drive
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CITY OF CUPERTINO
Agenda Item
3-12684 Agenda Date: 10/1/2024
Agenda #: 13.
Subject: Councilmember Reports
CITY OF CUPERTINO Printed on 9/25/2024Page 1 of 1
powered by Legistar™
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1 CITY COUNCILMEMBER REPORT*
Meeting: Tuesday, October 1st, 2024
+for the “Councilmember Reports” agenda item under the “COUNCIL REPORTS” section
Reporting Councilmember: Councilmember Liang Chao
Report Dates: 9/11/24 to 9/24/24
Section 1: Activities by Date (Date, Title, and Description):
NOTE:
● This list does not include internal meetings with staff only, such as prep sessions or meetings with the City Manager.
● This list includes activities to “represent the community I am elected to serve”, “to respond to community needs and complaints,” and “to communicate policies and programs to residents,” among other responsibilities of a Cit y Councilmember.
● Due to my work schedule, I have cut down on the event attendance for ceremonial purposes, especially those I have attended almost every year in the past. Instead, I focus more of my time on constituent services.
2024‐09‐14 Attended Fall Festival by Rotary Club at Memorial Park and Night Market by Chamber of Commerce at De Anza College
‐ I first visited the Night Market a little after 3pm and watched some performances by Taiwanese cultural groups. I then walked over to the Fall Festival, where there are booths by many nonprofits, boy scouts and high sch
ool robotics clubs. I stayed for the wonderful performance by a band consisting of amateur musicians and we danced to the music. ‐ I am glad to see the Cupertino Historic Club has a booth after I suggested the idea at their last board meeting. They need to use more outreach channels to bui ld up membership and the board.
‐ I returned to visit the Night Market, which unfortunately did not have many booths besides the food trucks. But there was still quite a crowd who are lining up for the food trucks. ‐ The high sc
hool language clubs were a highlight at the Night Market where each club provided activities for visitors while advocating for these classes to remain in FUHSD.
2024‐09‐21 Attended Heritage India Festival (a.k.a. Purab Festival) at Memorial Park ‐ The event has both performances, cultural boot hs and tasty food. It has expanded to have more 767
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2 booths this year.
‐ More about the festival from the invitation:
‐ “The event, presented in association with the City of Cupertino, Consulate General of India SFO, FAMS, and others, promises to be a mesmerizing celebration of diversity. It aims to foster positive multi‐cultural interaction and understanding through the ex change of art, culture, and education.
‐ “The Purab Festival will feature celebrity appearances, performances from Odisha, Bengal, Assam and beyond, along with a Bazaar. The platform promotes tourism, inviting diverse communities to explore the glorious culture and offerings of India.” 2024‐08‐27 Request to agendize De Anza Buffered Bike La ne for 9/4 Council meeting - Per Muni Code the Mayor alone can agendize an item. Mayor Mohan responded that an info memo will come out later Friday.
2024‐09‐12 Update on 9/12 community meeting on De Anza Buffered Bike Lane ‐ Clarification: No bicycle or pedestrian fatalities on De Anza Blvd - A few residents sent in similar emails to support the De Anza Buffered Bike Lane project with the sa
me statement: “De Anza Boulevard has been identified in numerous reports, including in the recent Vision Zero study, as very high risk for pedestrians and cyclists with a high number of deaths and severe injuries in the past few years,” which is not entirely true
.
- From the “Local Roadway Safety Plan”, dated January 2023, which shows some accidents on De Anza, like other major roads, but there has been no fatalities.
2024‐09‐14 Mayor Mohan refused to allow questions from residents, because of workload for staff ‐ Before each Council meeting, the councilmembers submit questions to staff on agenda items. The answers to these questions are compiled into a supplemental report of the agenda item. ‐ Since the councilmembers and the residents do not have any chance to review staff reports ahead of time, this ability to submit written questions of
ten is the only opportunity to get clear answers
before decisions are made, except oral public comment.
‐ The question time of each council member is restricted to 5 minutes, which includes the time that the st
aff took to answer questions. Any questions raised by the public during public comment often are simply ignored unless one council member asks it during the allotted 5‐minute time. ‐ Thus, for residents, the ability to send written questions to get them answered in the supplemental report is c
ritical, especially on complex items where their questions cannot fit into the 3‐minute oral public comment.
‐ Thus, I usually draft my own questions on agenda items from my point of view. But the residents often would raise concerns that I did not think about and I would forw ard their questions to the staff. My request is merely to label those questions initiated from residents as “forwarded by 768
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3 Chao”, rather than merely “Chao”, as they did not come from me and the tone of language is different.
‐ The City Manager and Mayor Mohan refused my request, since they do not think it is the obligation of the city staff to answer questions from residents. We have a fundamental difference since I view residents as my boss and answering their questions as my duty, but they do not unfortunately.
2024‐09‐16 Change in Implementation of “Emailed comments related to non‐agenda items and received following the agenda publication prior to or during the meeti ng will be posted upon request.ʺ
‐ Previously, the city clerk would inquire each sender of an email comment to confirm whether they would like to be included in the meeting record when the sender did not specify as such. ‐ Due to the am ount of emails arriving before the council meeting, the practice has now changed to only include the emails that specifically request to be included in the meeting record.
2024‐09‐21 Change in Implementation again to Emailed comments related to non‐agenda items and received following the agenda publication prior to or during the meeti ng will be posted ONLY if provided by a councilmember.ʺ
‐ Muni Code states: ““Written communications which are relevant to a matter subject to being discussed or considered at a City Council meeting shall be included as supplementary material to that agendized matter. Other written communications may be placed on the agend a, as a separate item of business under written communications, by a Councilperson, City Manager or any department director having responsibility for the subject matter of the communication.” ‐ City Manager: “staff will continue to distribute any written communication that is provided by a counci
lmember.”
‐ Thus, from now on, any email comments on non‐agenda items would not be included in the written communication of the meeting record even if the sender requests it. ‐ Such requests would be ignored by the city staff unless a councilmember forward the written comment.
2024‐09‐25 Councilmember’s request for secre tarial support to fulfill requests by residents is denied ‐ Under the new implementation method, the workload of fulfilling request by residents to enter their comments into written communication falls onto the councilmembers who are themselves volunteers donating their own time to serve.
‐ As the city does provide secretarial support fo r councilmembers, I therefore have requested secretarial support so that the requests from residents to include their comments in the meeting record is not just ignored. But my request for service was denied by the City Manager.
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4 Section 2: Committee Assignment
‐ No meeting this period.
Section 3: Other Information of Interest to My Constituents:
1. Update on the Vallco (the Rise) project
‐ Vallco gets $77M in fee waiver from the Settlement Agreement:
As stated in the July 16 Staff Report, “The fees waived would be substantial (totaling approximately $77 million, as calculated under the FY 2024‐25 fee schedule). However, the decision to enter into the Settlement Agreement reflects the legal risk and uncertainty surrounding the ability to collect the full amount of impact fees that would be owed by the project.” The total amo
unt of impact fees is about $120 millions. To avoid additional legal fees to collect the full impact fees, the city settled to receive only $32.5 millions.
The newsletter by Mayor Sheila Mohan stated that from the settlement with Vallco, “the city will receive $43 million”. Th
at statement by the Mayor is inaccurate and misleading since the total amount owed to the City should have been $121 million.
Every development project pays the impact fees to mitigate the impact in traffic, parkland and below‐market‐rate housing needs. These fees are determined based on a Nexus Stud y to demonstrate the actual impact to the City. Whenever the City gives any fee waivers, the City still have to mitigate the impact with the general fund or with additional taxes. ‐ 7.36 acres of Public Open Space, not parkland, not 10 acres:
The newslet
ter by Mayor Sheila Mohan stated that from the settlement with Vallco, “the city will receive 10 acres of park space”. That is not accurate. From both the Settlement Agreement. and the Nov. 2013 Plan Set, it is clear that the Rise only includes 7.48 acres of “public open space” (not parkland nor green space), which consist of small pieces of open space here and there. ‐ “City agrees that based on the Project program as approved, the Project yields a parkland demand of 9.61 acres, as calculated based on the City’s requirement of three acres of park per 1,000 residents and th
e average household size of 1.8 person per multifamily unit.ʺ (From the Settlement Agreement) Out of the 7.38 acres, about 3.5 acres in 3 smaller pieces, seem to be a turfed area.
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5 ‐
‐ 2 Million sq.ft. Office Space:
The project has 2 million square feet of office space, which would likely accommodate 10,000 workers, with the industry standard of 200 sq. ft. per worker. Even with 50 people per bus load, that would mean 200 bus load of people who will commute to the site daily, since usually no more than 5% workers li
ve within walking distance of their jobs.
‐ Vallco Has No Building Height Limit?:
Vallco Shopping Mall had a height limit of 45‐60 feet before, but the 2014 City Council (with 4:1 vote ‐ Rod Sinks, Gilbert Wang, Barry Chang an d Savita voted yes) removed that height limit when they gave away the 2 million sq.ft. office space allocation. They had a chance to restore the height limit in November 2017 when SB 35 was signed into law and will be enacted on Jan. 1 2018, but the majority of the 2 017 Council (with 3:2 vote, Rod Sinks and two others) refused to restore height limit or remove the office allocation. These irresponsible decisions by these previous City Councilmembers have resulted in a SB 35 project with a large amount of office space to worsen the housing crisis, with no heig ht limit. ‐ Building Height is 228 feet, equivalent to 19 stories with 12 feet/story:
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6 Since the SB 35 project and its revision would not need the Council approval, I had to look up the Plan Set of the Nov. 2013 revision to find out the building height. The tallest building will be 18 stories tall with a height of 228 feet above ground. My email response included scree nshots from the Nov. 2013 Plan Set.
2. Housing Element Update:
‐ Highlights of the HE: 4,588 units are required for the HE, but the current HE has planned 5,881 units, about 28% more than required. (May 14 Agenda Item 1, Minutes) ‐ By not counting 1,500 units in already approved projects and underestimating the realistic capacity for mixed use projects (counting only 70%), Cupertino upzoned more properties than required to meet the RHNA requirements. ‐ The density (units/acre) of many sites will increase from 20 units/acre to 50‐65 units/acre and some wil l increase to 65‐80 units/acre. ‐ Some R1 lots in residential neighborhoods are upzoned to R3‐TH designation to allow 5‐10 units/acre.
‐ R1 corner lots will be allowed to develop with R2 standards to allow duplex, triplex or quadruplex. (Every R1 lot already allows up to 3 ADUs due to state laws) 772
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7 ‐ Broken HE Process so far… .
‐ The final draft of the Housing Element and the General Plan amendment are approved by the majority of the Council on May 14. Unfortunately, the environmental impact analysis has minimal information, even though we are looking at an unprecedented growth rate with over 6,200 units to be permitted in 8 years.
‐ Although this is the first Council meeting where the draft Housing Element is on the age
nda for discussion, there were no written answers provided from the staff, as normally provided for other items on the Council agenda. Given the time constraints, only a few questions were covered on the da is. Thus, many questions from the community and the council members still left unanswered:
‐ Here are some questions submitted and some with answers: 15 more questions without answers, questions are corner lots with answers, additional questions from the community without answers. ‐ The result of the broken process is that Cupertino up‐zoned 2,600 units more than the legally required 4,588 units. This overly densifies Cupertino than necessary and leaving little room for adjustment in the future.
‐ Latest: The ordinance to upzone properties is adopted at the July 2 Council m eeting (Agenda Item 7, Minutes)
‐ The staff recommendation already meets all legal standards and HCD’s requirements, but Cupertino adopted an ordinance to upzone thes HE sites plus unnecessary provisions proposed by Councilmembers Fruen and Wei to relax the zoning standards.
‐ Chao moved and Moore seconded to approve the staff recommended action with minor adjustments. The motion did not p ass. Councilmembers Fruen and Wei proposed several significant revisions to relax the zoning standards after the public comment closed, which increased allowed floor‐ area‐ratio, increased allowed lot coverage, reduced parking standards. 773
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8 reduced setback and given the staff authority to make more changes to increase “flexibility”. The Council voted 3‐2 to pass the much relaxed zoning standards.
‐ Next Step: There will be design standard updates, such as R2 standards for the corner lots. and other ordinances to implement the policies outlined in the Housing Element.
Section 4: Information Access Useful to My Constituents:
1. “Written Communication” for a City Council meeting:
‐ When will an email sent to the City Council be included in the “Written Communication” file of a Council meeting?
‐ From the City Clerk:
‐ Emailed comments that are related to an agenda item and received following the agenda publication prior to or during the meeting will be posted to the City’s website. ‐ Emailed comments related to non‐agenda items and received following the agenda publication prior to or during the meeting will be posted upon request.
2. Recordings of Commission Meetings:
Starting in June, commission meetings will be recorded for viewing later, although no teleconferencing to allow remote participation.
‐ Find the recordings here under each commission.
3. SB 330 Preliminary Application and Builders’ Remedy Projects ‐ An info memo is published on July 25: “Scofield Drive SB330 Preliminary Application pursuant to Builder’s Remedy” was posted (The memo was requested by the Council at the July 2 Council meeting after hearing public concerns on the project) ‐ The memo also includes a list of eight SB330 applications received so far. Four of them are utilizing the Builders’ Remedy (BR) provisions of HAAʺ.
4. Information Memo posted on the City website:
City Council Informational Memos are now available on the City website. The information can be accessed from the City website at cupertino.org/memos and the City Councilmembers page. You can also find the page via the “Our City” banner and by entering search terms in the “Search the Site” box at the top of the website. Anyone may use the eNotification signup to receive informational memo updates by email.
4. How to Search an agenda item:
A community member showed me a way to search for items on the past city meetings:
● Go to this page: https://cupertino.legistar.com/Calendar.aspx ○ Make sure that “Calendar” is selected from the top row of tabs and the “List View” is selected from the bottom row of tabs.
○ Enter the search term, such as “investment report”. Choose the year or select “All Years”
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9 (Last Activity Report in the September 4, 2024 Council Meeting Agenda.)
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1 CITY COUNCIL ACTIVITY REPORT
Meeting: October 1, 2024
Reporting Councilmember: Vice Mayor J.R. Fruen
Report Activity Dates: 9/10/24 to 9/23/24
Event Date, Title, and Description:
Event 1. September 12, 2024 – VTA Policy Advisory Committee Meeting – I attended this meeting in my capacity as Cupertino’s representative to the Committee. The agenda and related materials for the meeting are available here. Cupertino residents will be interested in Item 14, the 2025 Transit Service Plan, which includes service frequency increases for early morning and evening service for Bus Routes 23 and 25, which both serve Cupertino.
Event 2. September 13, 2024 – Meeting with the City Manager – I attended my regular weekly meeting with the City Manager to go over upcoming council agendas and to discuss ongoing issues, including constituent matters.
Event 3. September 13, 2024 – Silicon Valley at Home Electeds Rountdable – At the invitation of the convenor, SV@Home, I attended a roundtable discussion of multiple local electeds (city council members and county supervisors) from around Santa Clara County on the topic of affordable housing and community engagement.
Event 4. September 14, 2024 – Silicon Valley Fall Festival – AI attended this annual community fundraising and fun-raising event put on by the Rotary Club of Cupertino. The event was well-attended and featured a host of local vendors and service organizations.
Event 5. September 14, 2024 – Cupertino Night Market – Following the Silicon Valley Fall Festival, I attended the Chamber of Commerce’s annual Night Market at De Anza College. Like the Fall Festival, the event was well attended and served as a great opportunity for community building, especially for the many student organizations from our high schools that maintained booths at the event.
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1 CITY COUNCILMEMBER REPORT
Meeting: October 1, 2024
Reporting Councilmember: Mayor Sheila Mohan
Report Dates: 9/10/24to 9/23/24
Item Date, Title, and Description:
9/11/24: As a Director on the Board of Silicon Valley Clean Energy, I attended the monthly meeting of SVCE. The Board approved the annual budget and strategic focus areas for the next fiscal year. Staff provided information about the Silicon Valley Dream Home – a mobile, all‐electric showcase which will make its appearance at various community events.
9/12/24: I attended th
e quarterly Mayor and CM meeting at which Cupertino, Mountain View, Santa Clara and Sunnyvale were represented. We heard from City of Santa Clara about data center issues and shortage of power capacity because of increased AI initiatives. We also heard about interim housing for unhoused people – a project funded by HCD and the County of Santa Clara, and lo
cated at the corner of Benton Street and Lawrence Expressway in Santa Clara. The preliminary plan is to build 30 family units that could house approximately 120 people.
9/12/24: Attended th e monthly meeting of the Cities Association of Santa Clara County. The employment contract for the Executive Director was discussed and a slight cost of living increase was approved at the closed session. At the regular Board of Directors meeting, James Williams, County Executive updated us on the new contract for 9‐1‐1 Paramedic and Emergency Amb ulance Services.
9/14/24: The annual Silicon Valley Fall Festival was held at Memorial Park. I welcomed the gathering of festival goers, elected officials, performers and organizers. This was a well‐attended event, with a cultural parade being one of many highlights. The Fall festival was organized by the Rotary Club of Cupert ino.
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2 9/17/24: Thanks to City staff for scheduling a prep session on Reach Code amendments, and the implications of the recent Ninth Circuit Court of Appeals decision in the California Restaurant Association v. City of Berkeley. While the enforcement of completely electrification has been suspended, energy performance and electric‐ready requirements will continue to be fac tors in new construction.
9/18/24: City Commissioners gathered in Quinlan Center to select CREST Award winners in the categories of Organization of the Year, Rising Star, Volunteer of the Year and Lifetime Achievement. We also heard presentations from the various commissioners on issues they are working on, in cluding Housing Commission’s announcement of Notice of Funding Availability for housing programs, revisions to the Poet Laureate handbook by the Library Commission, Planning Commission’s amendments to the Municipal Code and Cyber Security Education by the Technology, Information and Communication Commission.
9/21/24: The Heritage India Faire was held at Memorial Park. Along with Councilmembers Cha
u and Moore, we welcomed the Consul General of India, and the Deputy Consul General, and thanked the Bhubaneswar‐Cupertino Sister City Initiative for organizing this festival which showcased the rich culture and heritage of the Eastern State of India. Over 25 stalls displayed garments, handicrafts and served a variety of ethnic foods.
9/23/24: As a me
mber of the nominating committee of Cities Association of Santa Clara County (CASSC) I met with Mayor Klein of Sunnyvale and Councilmember Fligor of Los Altos to fine‐tune the process for selecting officers of the CASCC Board. The election for its Officer s will be held at the November meeting.
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1 CITY COUNCIL ACTIVITY REPORT
Meeting: October 1, 2024
Reporting Councilmember: Councilmember Kitty Moore
Report Activity Dates: 9/9/24 to 9/25/24
Event Date, Title, and Description:
September 17, 2024. City Council Meeting.
September 21, 2024. Coastal Cleanup Day. One of my favorite city events at Regnart Creek and Calabazas Creek to clean up trash and make our creeks beautiful and clean.
Thank you to our great staff and volunteers for the hard work!
September 21, 2024. Heritage India Festival. Attended this great event in conjunction with our Bhubaneswar Sister City. This event has great food, entertainment, and 779
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City Council Councilmember Activity Report
2 shopping while sharing in the culture of India with our friends and neighbors.
Various dates: Met with various constituents regarding development concerns. 780
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