CITY COUNCIL STAFF REPORT
Meeting: October 1, 2024
Subject
City-Owned Automated License Plat e Reader (ALPR) Program and award of a contract for the lease of ALPR cameras to Flock Safety for an amount not to exceed $300,000.
Recommended Action
1. Adopt Resolution No. 24- _____ establishing the City of Cupertino ALPR Policy
2. Authorize the City Manager to negotiate and execute a memorandum of understanding (MOU) between the County of Santa Clara and the City of Cupertino regarding the use of ALPRs,
3. 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 $30 0,000 (approximately $60,000 annually).
Executive Summary
This staff report provides a comprehensive overview of the ALPR system, the proposed City policy, and related materials to address the regulations and guidelines for deploying automated license plate reader systems within Cupertino , including ALPR devices owned or leased by the city and installed on municipal infrastructure . The report also outlines roles and responsibilities and highlights findings and best practices from other jurisdictions that have been incorporated into the proposed ALPR policy for the City. The report is divided into the following key sections:
• What is ALPR Technology
• Background
• ALPR Programs in Nearby Jurisdictions
• Staff Analysis of ALPR Programs in Nearby Jurisdictions and Best Practices • Draft Resolution and Proposed City of Cupertino ALPR Policy • Draft MOU with the Santa Clara County Sheriff’s Office • Recommendation for an Agreement with Flock Safety
• Proposed Camera Locations
• Data Accessible by Law Enforcement
• Community Outreach
• Fiscal Impact and Cost Breakdown
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 pla te 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 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 wi ll 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 S aratoga 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.
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 pa rameters 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. 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.
Draft 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, sh aring, 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 incident s 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 to update them as needed to reflect the current best practices and legal requirements.
Recommendation for an Agreement with Flock Safety (Attachment D)
Currently, Flock Safety is the only ALPR system approved by the County of Santa Clara and the Sheriff's Office as it conforms to the County Surveillance Use Policy. Several nearby cities have deployed ALPR systems recently in partnership with Flock Safety, including the Town of Los Altos Hills, the City of Saratoga, the Town of Los Gatos, the City of Palo Alto, and the City of San Jose. The Town of Los Altos Hills con ducted 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.
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