Los Altos Hills City Council
February 16, 2023

Resolution __ -22 Page 1
RESOLUTION __ -22

RESOLUTION APPROVING THE ONE-YEAR REVIEW OF THE AUTOMATIC

LICENSE PLATE READER PILOT PROGRAM AND RECEIVING COUNCIL

DIRECTION ON CONTINUED USE OF THE SYSTEM IN TOWN
WHEREAS, on April 15, 2021, the Los Altos Hills City Council approved of a plan to install 40 ALPR cameras at fixed locations throughout Town for the purposes of deterring crime and helping to create a safer environment for all those who live, work, or visit the Town. The system was initially approved under a 60-day no-cost pilot program; and WHEREAS, On March 17, 2022 the City Council approved of the continued use of the cameras in Town passed the 60-day pilot period; however, the Council extended to the pilot period to 2023 so that a full year’s worth of data could be analyzed; and WHEREAS, After reviewing a year’s worth of data from the system, Town staff and the County Sheriff’s Office agree that the Cameras are a benefit to the Town and that the cameras should remain in place.

NOW THEREFORE, the City Council of the Town of Los Altos Hills hereby receives the oneyear review of the Automatic License Plate Reader Pilot Program and provides staff direction on the continued use of the system in Town .

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a Regular meeting held on 16th of February 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Linda Swan, Mayor
ATTEST:
_____
Deborah L. Padovan, City Clerk
Attachment 1

RESOLUTION 20- 21

A RESOLUTION OF THE CITY COUNCIL OF THE

TOWN OF LOS ALTOS HILLS AUTHORIZING THE CITY MANAGER TO

NEGOTIATE AND ENTER INTO AN AGREEMENT WITH FLOCK SAFETY FOR UP TO FORTY (40) AUTOMATIC LICENSE PLATE READER (ALPR) CAMERAS NOT TO EXCEED $ 120, 000 ANNUALLY AND APPROPRIATE $ 120, 000 FROM THE UNRESERVED GENERAL FUND IN FISCAL YEAR 2020- 2021 FOR ALPR EXPENSES WHEREAS, Automatic License Plate Reader ( ALPR) cameras are used by police departments across the United States to instantly capture license information and compare it against lists of license plates associated with stolen vehicles, people that have committed a crime, and for other investigative purposes; and
WHEREAS, the Town of Los Altos Hills (" Town") desires to install ALPRs in certain public locations in the community for law enforcement purposes; and WHEREAS, at its meeting on March 18, 2021, the Los Altos Hills City Council adopted an ALPR policy governing the usage, privacy protections, and other implementation parameters for ALPRs in the Town consistent with California Civil Code section 1798. 90. 5; and WHEREAS, the City Council directed Town staff to explore options for purchasing ALPR cameras and related service technologies in order to deploy and utilize ALPRs in Los Altos Hills; and
WHEREAS, Town staff contacted several companies in the marketplace that offer ALPR technology to review pricing options for cameras and related ALPR software and services, and solicited quotes from three ( 3) vendors for the installation, use, and ongoing maintenance of the cameras; and
WHEREAS, of these three vendors, staff recommends selecting Flock Safety (" Flock") as the Town' s ALPR vendor based on its competitive pricing, trial period benefit, and subscription style service which allows the Town flexibility in renewing or terminating service; and WHEREAS, Flock and the Town have negotiated a service agreement, attached hereto as Exhibit A, for ALPR camera system and software services, for up to forty ( 40) ALPR cameras for an initial term of twelve ( 12) months ( including a 60 -day pilot program period with free cancellation) and an initial amount of One Hundred and Ten Thousand Dollars ($ 110, 000), to implement the Town' s ALPR program; and
WHEREAS, the service agreement would also have an automatic renewal term of twenty-four 24) months with annual subscription cost of $100, 00 and annual price increases capped at ten percent ( 10%), but with 30 -day termination option; and WHEREAS, staff requests an appropriation from the unreserved general fund in fiscal year 2020- 2021 for the expenditures relating to implementing the ALPR program and cover necessary costs in addition to the stated Flock contract price.

Resolution 20- 21 Page 1
Attachment 2

NOW THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills hereby approves an agreement with Flock for ALPR hardware and software services for an initial term of twelve ( 12) months with automatic 24 -month renewals, and an initial amount of One Hundred and Ten Thousand Dollars ($ 110, 000) and annual subscription cost of $ 100, 000 with annual price increases capped at 10%, attached hereto and incorporated herein as Exhibit A.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement on behalf of the Town in substantially the same form as Exhibit A, and is authorized to make any revisions, amendments or modifications deemed necessary to carry out the intent of this Resolution that does not substantially increase the Town' s obligations, subject to final approval as to form by the City Attorney.

BE IT FURTHER RESOLVED that the City Council approves an appropriation of One Hundred and Twenty Thousand Dollars ($ 120, 000) from the unreserved general fund in fiscal year 2020- 2021 for the expenditures relating to implementing the ALPR program.

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 15th day of April 2021 by the following vote:

AYES: Tankha, Tyson, Mok, Schmidt, Swan
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:

Deborah Padovan, City Cleric
BY: A" 6 1'`'' ~
Resolution 20- 21
Kavita Tankha, Mayor

s
Exhibit A

GOVERNMENT AGENCY CUSTOMER AGREEMENT
This Government Agency Agreement ( this " Agreement") is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 (" Flock") and the government agency identified in the signature block below (" Agency") ( each a " Party," and together, the Parties").

RECITALS
WHEREAS, Flock offers a software and hardware solution for automatic license plate detection through Flock' s technology platform ( the " Flock Service"), and upon detection, the Flock Service creates images and recordings of suspect vehicles (" Footage") and can provide notifications to Agency upon the instructions of Non - Agency End User (" Notifications");
WHEREAS, Agency desires to purchase, use anal/ or have installed access to the Flock Service in order to create, view, search and archive Footage and receive Notifications, including, when applicable, those from non - Agency users of the Flock System ( where there is an investigative purpose) such as schools, neighborhood homeowners associations, businesses, and individual users, by authorized personnel including local sheriff' s office personnel with whom Agency has contracted for law enforcement services ( identified below); WHEREAS, because Footage is stored for no longer than ( thirty) 30 days in compliance with Flock' s records retention policy, Agency is responsible for extracting, downloading and archiving Footage from the Flock System on its own storage devices for auditing for prosecutorial/ administrative purposes; and WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the terms and conditions ofthis Agreement, solely for the purpose of crime awareness and prevention by police departments and archiving for evidence gathering (" Purpose").

AGREEMENT
NOW, THEREFORE, Flock and Agency agree as follows and further agree to incorporate the Recitals into this Agreement.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross- referenced in this Section 1.

1. 1 " Authorized End User" shall mean any individual employees ofthe Santa Clara County Sheriff Office, agents, or contractors of Agency accessing or using the Flock Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement.

1. 2 " Agency Data" will mean the data, media and content provided by Agency through the Flock Services. For the avoidance of doubt, the Agency Data will include the Footage and geolocation information and environmental data collected by sensors built into the Units.

1. 3 " Documentation" will mean text and/ or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation ofthe Flock Services which are provided by Flock to Agency in accordance with the terms of this Agreement.

1. 4 " Embedded Software" will mean the software and/ or firmware embedded or preinstalled on the Hardware.

1. 5 " Flock IP" will mean the Flock Services, the Documentation, the Hardware, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/ or its Authorized End Users in connection with the foregoing.

Resolution 20- 21 Page 3

fto r
safety

1. 6 " Footage" means still images and/ or video captured by the Hardware in the course of and provided via the Flock Services.

1. 7 " Hardware" shall mean the Flock cameras and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services. The term " Hardware" excludes the Embedded Software.

1. 8 " Implementation Fee( s)" means the monetary fees associated with the Installation Services, as defined in Section 1. 9 below.

1. 9 " Installation Services" means the services provided by Flock regarding the installation, placements and configuration of the Hardware, pursuant to the Statement of Work attached hereto.

1. 10 " Flock Services or Services" means the provision, via the Web Interface, of Flock' s software application for automatic license plate detection, searching image records, and sharing Footage.

1. 11 " NonAgency End User" means a Flock' s non -Agency customer that has elected to give Agency access to its data in the Flock system.

1. 12 " Non -Agency End User Data" means the Footage, geolocation data, environmental data and/ or notifications of a Non -Agency End User.

1. 13 " Unit(s)" shall mean the Hardware together with the Embedded Software.

1. 14 " Usage lee" means the subscription fees to be paid by the Aggncy for ongoing access to Flock Services and Hardware.

1. 15 " Support Services" shall mean On- site Services and Monitoring Services, as defined in Section 2. 9 below

1. 16 " Web Interface" means the website( s) or application( s) through which Agency and its Authorized End Users can access the Flock Services in accordance with the terms of this Agreement.

2. FLOCK SERVICES AND SUPPORT

2. 1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non- exclusive, non -transferable right to access the features and functions. of the Flock Services via the Web Interface during the Service Term ( as defined in Section 6. 1) and No -Fee Term, solely for the Authorized End Users. The Footage will be available for Agency' s designated administrator, listed on the Order Form, and any Authorized End Users to access via the Web Interface for thirty ( 30) days. Authorized End Users will be required to sign up for an account, and select a password and username (" User ID"). Flock will also provide Agency the Documentation to be used in accessing and using the Flock Services. Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User' s use ofthe Flock Services and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, including without limitation using a third party to host the Web Interface which the Flock Services makes available to Agency and Authorized End Users warranties provided by such third parties, are the agency' s sole and exclusive remedy and flock' s sole and exclusive liability with regard to such third -party services, including without limitation hosting the web interface. To the extent practicable, Agency agrees to comply with any acceptable use policies and other terms of any third -party service provider that are provided or otherwise made available to Agency from time to time.

2. 2 Embedded Software License. Subject to all terms ofthis Agreement, Flock grants Agency a limited, nonexclusive, non - transferable, non- sublicensable ( except to the Authorized End Users), revocable right to use the Resolution 20- 21 Page 4

ffock, safety
Embedded Software as installed on the Hardware by Flock; in each case, solely as necessary for Agency to use the Flock Services.

2. 3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a nonexclusive, non -transferable right and license to use the Documentation during the Service Term in connection with its use of the Flock Services as contemplated herein, and under Section 2. 4, below.

2. 4 Usage Restrictions. The purpose for usage of the Hardware, Documentation, Services, support, and the Flock IP is solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government agency and not for tracking activities that the system is not designed to capture (" Permitted Purpose").

Agency will not, and will not permit any Authorized End Users to, ( i) copy or duplicate any ofthe Flock IP; ( ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP, or attempt to do any of the foregoing, and Agency acknowledges that nothing in this Agreement will be construed to grant Agency any right to obtain or use sdch source code; ( iii) modify, alter, tamper with or repair any of the Flock IP, or create any derivative product from any of the foregoing, or attempt to do any of the foregoing, except with the prior written consent of Flock; ( iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; ( v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Flock Services or Flock IP; ( vi) use the Services, support, Hardware, Documentation or the Flock IP for anything other than the Permitted Purpose; or ( vii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Agency' s rights under Sections 2. 1, 2. 2, or 2. 3.

2. 5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock' s sole discretion. There are no implied rights.

2. 6 Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency' s and any Authorized End User' s access to any portion or all ofthe Flock IP if (i) Flock reasonably determines that ( a) there is a threat or attack on any ofthe Flock IP; ( b) Agency' s or any Authorized End User' s use of the Flock Service disrupts or poses a security risk to the Flock Service or any other customer or vendor of Flock; c) Agency or any Authorized End User is/ are using the Flock IP for fraudulent or illegal activities; ( d) Flock' s provision ofthe Flock Services to Agency or any Authorized End User is prohibited by applicable law; ( e) any vendor of Flock has suspended or terminated Flock' s access to or use of any third party services or products required to enable Agency to access the Flock IP; or (f) Agency has violated any term of this provision, including, but not limited to, utilizing the Flock Services for anything other than the Permitted Purpose ( each such suspension, in accordance with this Section 2. 6, a " Service Suspension"). Flock will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Agency ( including notices sent to Flock' s registered email address) and to provide updates regarding resumption of access to the Flock IP following any Service Suspension. Flock will use commercially reasonable efforts to resume providing access to the Flock Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Flock will have no liability for any damage, liabilities, losses ( including any loss of data or profits) or any other consequences that Agency or any Authorized End User may incur as a result of a Service Suspension. To the extent that the Service Suspension is not caused by Agency' s direct actions or by the actions of parties associated with the Agency, the expiration ofthe Term will be tolled by the duration of any suspension ( for any continuous suspension lasting at least one full day).

2. 7 Installation Services.

2. 7. 1 Designated Locations. Prior to performing the physical installation of the Units, Flock shall advise Agency on the location and positioning of the Units for optimal license plate image capture, as conditions and location allow. Flock and Agency must mutually agree on the location ( mounting site or pole), position and angle of the Units each Unit location so designated by Agency, a " Designated Location"). Flock shall have no liability to Agency Resolution 20- 21 Page 5

ffock safety
resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations or delay in installation due to Agency' s delay in identifying the choices for the Designated Locations, in ordering and/ or having the Designated Location ready for installation including having all electrical work preinstalled and permits ready. Designated Locations that are suggested by Flock and accepted by Agency without alteration will be known as Flock Designated Locations. After a deployment plan with Designated Locations and equipment has been agreed upon by both Flock and the Agency, any subsequent changes to the deployment plan (" Reinstalls") driven by Agency' s request will incur a charge for Flock' s then -current list price for Reinstalls, as listed in the then -current Reinstall Policy ( available at https:// www.flooksafety. com/ reinstall- fee- schedule) and any equipment charges. These changes include but are not limited to camera re -positioning, adjusting of camera mounting, re -angling, removing foliage, camera replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like.

2. 7. 2 Agency' s Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the installation work, The "Agency Installation Obligations" include, to the extent required by the deployment plan, but are not limited to electrical work to provide a reliable source of 120V AC power that follow Flock guidelines and comply with local regulations if adequate solar exposure is not available. Agency is solely responsible for ( i) any permits or associated costs, and managing the permitting process; ( ii) any federal, state or local taxes including property, license, privilege, sales, use, excise, gross receipts or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Hardware, its use, or ( iii) any other services performed in connection with installation of the Hardware. Flock will provide options to supply power at each Designated Location. If Agency refuses alternative power supply options, Agency agrees and understands that Agency will not be subject to any reimbursement, tolling, or credit for any suspension period of Flock Services due to low solar. Flock will make all reasonable efforts within their control to minimize suspension of Flock Services.

Any fees payable to Flock exclude the foregoing. Without being obligated or taking any responsibility for the foregoing, Flock may pay and invoice related costs to Agency if Agency did not address them prior to the execution ofthis Agreement or a third party requires Flock to pay. Agency represents and warrants that it has all necessary right title and authority and hereby authorizes Flock to install the Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation.

2. 7. 3 Flock' s Installation Obligations. The Hardware shall be installed in a workmanlike manner in accordance with Flock' s standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are selected by Agency. Following the initial installation of the Hardware and any subsequent Reinstalls or maintenance operations, Flock' s obligation to perform installation work shall cease; however, Flock will continue to monitor the performance of the Units for the length of the Term and will receive access to the Footage for a period of three ( 3) business days after the initial installation in order to monitor performance and provide any necessary maintenance solely as a measure of quality control. Agency can opt out of Flock' s access to Footage after the initial installation which would waive Flock' s responsibility to ensure such action was successful. Agency understands and agrees that the Flock Services will not function without the Hardware. Labor may be provided by Flock or a third party.

2. 7. 4 Security Interest. The Hardware shall remain the personal property of Flock and will be removed upon the termination or expiration ofthis Agreement. Agency agrees to perform all acts which may be necessary to assure the retention of title of the Hardware by Flock. Should Agency default in any payment for the Flock Services or any part thereof or offer to sell or auction the Hardware, then Agency authorizes and empowers Flock to remove the Hardware or any part thereof. Such removal, if made by Flock, shall not be deemed a waiver of Flock' s rights to any damages Flock may sustain as a result of Agency' s default and Flock shall have the right to enforce any other legal remedy or right.

2. 8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock' s price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless.

Any additional expenses incurred by Flock as a result of the discovery or presence of hazardous material or hazardous conditions shall be the responsibility of Agency and shall be paid promptly upon billing.

Resolution 20- 21 Page 6

Hoock safetyi

2. 9 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Set -vices, Installation Set -vices, or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes ofthe Services or the Designated Locations (" Monitoring Services").

Subject to the terms hereof, Flock will provide Agency with reasonable technical and on- site support and maintenance services (" On -Site Services") in- person or by email at hello@flocksafety. com. Flock will use commercially reasonable efforts to respond to requests for support.

2. 10 Special Terms. From time to time, Flock may offer certain " Special Terms" related to guarantees, service and support which are indicated in the proposal and on the order form and will become part of this Agreement. To the extent that any terms of this agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

2. 11 Changes to Platform, Flock Safety may, in its sole discretion, make any changes to any system or platform that it deems necessary or useful to ( i) maintain or enhance ( a) the quality or delivery of Flock Safety' s products or services to its customers, ( b) the competitive strength of, or market for, Flock Safety' s products or services, ( c) such platform or system' s cost efficiency or performance, or ( ii) to comply with applicable law.

3. AGENCY RESTRICTIONS AND RESPONSIBILITIES

3. 1 Agency Obligations. Upon creation of a User ID, Agency agrees to provide Flock with accurate, complete, and updated registration information. Agency may not select as its User ID a name that Agency does not have the right to use, or another person' s name with the intent to impersonate that person. Agency may not transfer its account to anyone else without prior written permission of Flock. Agency will not share its account or password with anyone, and must protect the security of its account and password. Agency is responsible for any activity associated with its account. Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Agency facilities, as well as by means of assistance from Agency personnel, to the limited extent any ofthe foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services.

3. 2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use the Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content and retention thereof. To the extent allowed by the governing law of the state mentioned in Section 10. 6, or if no state is mentioned in Section

10. 6, by the law of the State of Georgia, Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses, including without limitation costs and attorneys' fees, in connection with any claim or action that arises from an alleged violation of the foregoing, Agency' s Installation Obligations, or otherwise from Agency' s use of the Services, Hardware and any Embedded Software, including any claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Agency' s use ofthe Services, Flock may do so and may prohibit any use ofthe Services it believes may be ( or alleged to be) in violation of the foregoing.

4. CONFIDENTIALITY; AGENCY DATA; NON -AGENCY DATA

4. 1 Confidentiality. Each Party ( the " Receiving Party") understands that the other Party ( the " Disclosing Party") has disclosed or may disclose business, technical or financial information relating to the Disclosing Party' s business hereinafter referred to as " Proprietary Information" of the Disclosing Party). Proprietary Information of Flock is non- public information including but not limited to features, functionality, designs, user interfaces, trade secrets, Resolution 20- 21 Page 7

ftock safety
intellectual property; business plans, marketing plans, works of authorship, hardware, customer lists and requirements, and performance of the Flock Services. Proprietary Information of Agency includes non- public Agency Data, Non -Agency End User Data, and data provided by Agency or a Non -Agency End User to Flock or collected by Flock via the Unit, including the Footage, to enable the provision of the Services. The Receiving Party shall not disclose, use, transmit, inform or make available to any entity, person or body any of the Proprietary Information, except as a necessary part of performing its obligations hereunder, and shall take all such actions as are reasonably necessary and appropriate to preserve and protect the Proprietary Information and the parties' respective rights therein, at all times exercising at least a reasonable level of care. Each party agrees to restrict access to the Proprietary Information of the other party to those employees or agents who require access in order to perform hereunder. The Receiving Party agrees: ( i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the party takes with its own proprietary information, but in no event will a party apply less than reasonable precautions to protect such Proprietary Information, and ( ii) not to use except in performance of the Services or as otherwise permitted herein) or divulge to.any third person any such Proprietary Information. Flock' s use ofthe Proprietary Information may include processing the Proprietary Information to send Agency Notifications or alerts, such as when a car exits Agency' s neighborhood, or to analyze the data collected to identify motion or other events.

The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document ( a) is or becomes generally available to the public, or (b) was in its possession or known by Receiving Party prior to receipt from the Disclosing Party, or ( c) was rightfully disclosed to Receiving Party without restriction by a third party, or ( d) was independently developed without use of any Proprietary Information of the Disclosing Party.

Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any subpoena, summons, judicial order or other judicial or governmental process, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to obtain a protective order or otherwise oppose the disclosure. For clarity, Flock may access, use, preserve and/ or disclose the Footage to law enforcement authorities, government officials, and/ or third parties in the following instances: ( 1) to comply with a court order, subpoena, or another form of valid legal process request, or when otherwise required by law or legal order to do so; 2) to enforce this Agreement, including investigation of any potential violation thereof, ( 3) to detect, prevent or otherwise address security, fraud or technical issues relating to the provision of services under this Agreement; or d) protect the rights, property or safety of Flock, its users, a third party, or the public, including respond to an emergency situation, as required or permitted by law. Prior to any access, use, preservation and/ or disclosure in the foregoing instances, Flock shall provide Agency with advance written notice in a reasonably timely manner in order to provide Agency with an opportunity to object or seek injunctive or other forms of judicial relief against the request for data and/ or proposed disclosure. Having received notice prior to data being deleted, Flock may store Footage in order to comply with a valid court order but such retained Footage will not be retrievable without a valid court order.

4. 2 Agency and Non -Agency End User Data. As between Flock and Agency, all right, title and interest in the Agency Data and Non -Agency End User Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, non- exclusive, royalty -free, worldwide license to use the Agency Data and Non -Agency End User Data and perform all acts with respect to the Agency Data and Non -Agency End User Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2. 9 above, and ' a non- exclusive, perpetual, irrevocable, worldwide, royalty - free, fully paid license to use, reproduce, modify and distribute the Agency Data and Non -Agency End User Data as a part of the Aggregated Data ( as defined in Section 4. 4 below). As between Flock and Agency, Agency is solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Agency Data and Non -Agency End User Data. As between Agency and Non -Agency End Users that have prescribed access of Footage to Agency, each of Agency and Non -Agency End Users will share all right, title and interest in the Non -Agency End User Data. This Agreement does not by itself make any Non -Agency End User Data the sole property or the Proprietary Information of Agency. Flock will automatically delete Footage older than thirty ( 30) days. Agency has a thirty ( 30) day window to view, save and/ or transmit Footage to the relevant government agency prior to its deletion.

4. 3 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency hereby assigns ( and will cause its agents and Resolution 20- 21 Page 8

ffock safety
representatives to assign) to Flock all right, title and interest ( including intellectual property rights) with respect to or resulting from any of the foregoing.

4. 4 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to collect and analyze data that does not refer to or identify Agency or any individuals or de -identifies such data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies ( including, without limitation, information concerning Agency Data and data derived therefrom). For the sake of clarity, Aggregated Data is compiled anonymous data which has been stripped of any personal identifying information. Agency acknowledges that Flock will be compiling anonymized and/ or aggregated data based on Agency Data and Non -Agency End User Data input into the Services ( the " Aggregated Data"). Agency hereby grants Flock a non- exclusive, worldwide, perpetual, royalty -free right and license (during and after the Service Term hereof) to ( i) use and distribute such Aggregated Data to improve and enhance the Services and for other marketing, development, diagnostic and corrective purposes, other Flock offerings, and crime prevention efforts, and ( ii) disclose the Agency Data and Non -Agency End User Data (both inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. No rights or licenses are granted except as expressly set forth herein.

5. PAYMENT OF FEES

5. 1 Fees. Agency will pay Flock the first Usage Fee, the Implementation Fee and any fee for Hardware ( as described on the Order Form, together the " Initial Fees") as set forth on the Order Form on or before the 7th day following the Effective Date of this Agreement. Flock is not obligated to commence the Installation Services unless and until the Initial Fees have been made and shall have no liability resulting from any delay related thereto. Agency shall pay the ongoing Usage Fees set forth on the Order Form with such Usage Fees due and payable thirty ( 30) days in advance of each payment period. All payments will be made by either ACH, check, or credit card. The first month of Flock Services corresponding to the first Usage Fee payment will begin upon the first installation of Hardware.

For Agencies who purchase ten ( 10) or more Units, in the event that only a portion of the Units are installed at the first installation with additional Units to be installed at a later date, Usage Fees shall be calculated on a pro rata basis corresponding to the then -installed Units. Agencies will be invoiced for the additional Units immediately upon installation of the remaining Units.

5. 2 Changes to Fees. Flock reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Term or any Renewal Term, upon sixty ( 60) days' notice prior to the end of such Initial Term or Renewal Term ( as applicable) to Agency (which may be sent by email), Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty ( 60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Flock' s customer support department. Agency acknowledges and agrees that a failure to contact Flock within this sixty ( 60) day period will serve as a waiver of any claim Agency may have had as a result of such billing error.

5. 3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Flock thirty (30) days after the mailing date ofthe invoice.

Unpaid amounts are subject to a finance charge.of 1. 5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection, and may result in immediate termination of Service. To the extent allowable by law or Agency regulations pertaining to tax- exempt entities, Agency shall be responsible for all taxes associated with Services other than U. S. taxes based on Flock' s net income.

5. 4 No -Fee Term Access. Subject to Flock' s record retention policy, Flock offers complimentary access to the Flock System for thirty ( 30) days (" No Fee Term") to Agency when Non -Agency End Users intentionally prescribe access or judicial orders mandate access to Non -Agency End User Data. Agency agrees to pay the Initial Fees and Usage Fees according to Section 5. 1 and will receive Flock' s complimentary access to the Flock Service and Footage for no additional cost. Should such access cause Flock to incur internal or out-of-pocket costs that are solely the result ofthe access, Flock reserves the right to invoice these costs to Agency under Section 5. 3 and Agency Resolution 20- 21 Page 9

agrees to pay them. The complimentary No -Fee Term access to Flock Services shall survive the expiration or termination of this Agreement for five ( 5) years unless Agency provides written notice of the intent to cancel access to Flock Services,

6. TERM AND TERMINATION

6. 1 Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form ( the " Initial Term"). Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms for the greater ofone year and the length set forth on the Order Form ( each, a " Renewal Term", and together with the Initial Term, the Service Term") unless either party gives the other party notice ofnon -renewal at least thirty (30) days prior to the end of the then - current term.

6. 2 Agency Satisfaction Guarantee. At any time during the agreed upon term, an Agency not fully satisfied with the service or solution may self -elect to terminate their contract. Self -elected termination will result in a one-time fee of actual cost of removal and labor, said cost not to exceed $ 500 per camera. Upon self -elected termination, a refund will be provided, prorated for any fees paid for the remaining Term length set forth previously. Self -termination of the contract by the Agency will be effective immediately. Flock will remove all equipment at Flock' s own convenience, within a commercially reasonable period upon termination. Advance notice will be provided.

6. 3 Termination. In the event of any material breach of this Agreement, the non -breaching party may terminate this Agreement prior to the end of the Service Term by giving thirty ( 3 0) days prior written notice to the breaching party; provided, however, that this Agreement will not terminate ifthe breaching party has cured the breach prior to the expiration of such thirty -day period. Either party may terminate this Agreement, without notice, ( i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings, ( ii) upon the other party's making an assignment for the benefit of creditors, or (iii) upon the other party' s dissolution or ceasing to do business. Upon termination for Flock' s material breach, Flock will refund to Agency a pro -rata portion of the prepaid Fees for Services not received due to such termination.

6. 4 Effect of Termination. Upon any termination of the Service Term, Flock will collect all Units, delete all Agency Data, terminate Agency' s right to access or use any Services, and all licenses granted by Flock hereunder will immediately cease. Agency shall ensure that Flock is granted access to collect all Units and shall ensure that Flock personnel does not encounter Hazardous Conditions in the collection of such units. Upon termination of this Agreement, Agency will immediately cease all use of Flock Services.

6. 5 No -Fee Term. The initial No -Fee Term will extend, after entering into this Agreement, for thirty ( 30) days from the date a Non -Agency End User grants access to their Footage and/ or Notifications. In expectation of repeated non - continuous No -Fee Terms, Flock may in its sole discretion leave access open for Agency' s Authorized End Users despite there not being any current Non -Agency End User authorizations. Such access and successive No -Fee Terms are deemed to be part of the No -Fee Term. Flock, in its sole discretion, can determine not to provide additional No -Fee Terms or can impose a price per No -Fee Term upon thirty ( 30) days' notice. Agency may terminate any No -Fee Term or access to future No -Fee Terms upon 30 days' notice.

6. 6 Survival. The following Sections will survive termination: 2. 4, 2. 5, 3, 4, 5 ( with respect to any accrued rights to payment), 5. 4, 6. 5, 7. 4, 8. 1, 8. 2, 8. 3, 8. 4, 9. 1 and 10. 5.

7. REMEDY; WARRANTY AND DISCLAIMER

7. 1 Remedy. Upon a malfunction or failure of Hardware or Embedded Software ( a " Defect"), Agency must first make commercially reasonable efforts to address the problem by contacting Flock' s technical support as described in Section 2. 9 above. If such efforts do not correct the Defect, Flock shall, or shall instruct one of its contractors to repair or replace the Hardware or Embedded Software suffering from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Unit provided that such inspection and test shall occur within seventy- two ( 72) hours after Resolution 20- 21 Page 10

Agency notifies the Flock of a Defect. In the event of a Defect, s
Flock will repair or replace the defective Unit at no
additional cost. In the event that a Unit is lost, stolen, or damaged, Flock agrees to replace the Unit at a fee according to the then -current Reinstall Policy ( https:// www.flocksafety. com/ reinstall- fee- schedule). Agency shall not be required to replace subsequently lost, damaged or stolen Units, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen units and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted.

7. 2 Exclusions. Flock will not provide the remedy described in Section 7. 1 above if any of the following exclusions apply: ( a) misuse of the Hardware or Embedded Software in any manner, including operation of the Hardware or Embedded Software in any way that does not strictly comply with any applicable specifications, documentation, or other restrictions on use provided by Flock; ( b) damage, alteration, or modification of the Hardware or Embedded Software in any way; or ( c) combination of the Hardware or Embedded Software with software, hardware or other technology that was not expressly authorized by Flock.

7. 3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Upon completion of any installation or repair, Flock shall clean and leave the area in good condition. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third -party providers, or because of other causes beyond Flock' s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e- mail of any scheduled service disruption.

7. 4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7. 1 ABOVE IS AGENCY' S SOLE REMEDY, AND

FLOCK' S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE HARDWARE AND/ OR EMBEDDED

SOFTWARE, THE FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND INSTALLATION SERVICES ARE PROVIDED " AS IS" AND FLOCK DISCLAIMS ALL

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES

OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON -INFRINGEMENT THIS DISCLAIMER OF SECTION 7. 4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10. 6, OR IF NO STATE IS MENTIONED IN SECTION 10. 6, BY THE LAW OF THE STATE OF GEORGIA.

7. 5 Insurance. Flock and Agency will each maintain commercial general liability policies with policy limits reasonably commensurate with the magnitude of their business risk. Certificates of Insurance will be provided upon request.

7. 6 Force Majeure. Flock Safety is not responsible nor liable for any delays or failures in performance from any cause beyond its control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third -party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts of hackers, internet service providers or any other third party or acts or omissions of Agency or any Authorized End User.

8. LIMITATION OF LIABILITY AND INDEMNITY

8. 1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS

SUPPLIERS ( INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS),

OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE

RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR

TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: ( A) FOR ERROR OR INTERRUPTION OF USE

OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR Resolution 20- 21 Page 1 I

ffock safety

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

CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/ OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; ( D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; ( E) FOR CRIME PREVENTION; OR ( F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH

ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/ OR PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE ( 12) MONTHS PRIOR TO THE ACT OR

OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN EMERGENCY, AGENCY SHOULD CONTACT 911 AND SHOULD NOT RELY ON THE SERVICES. THIS LIMITATION OF LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10. 6, OR IF NO STATE IS MENTIONED IN SECTION 10. 6, BY THE LAW OF THE STATE OF GEORGIA.

8. 2 Additional No -Fee Term Requirements. IN NO EVENT SHALL FLOCK' S AGGREGATE LIABILITY, IF

ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO -FEE TERM AS DESCRIBED IN SECTION 6. 5 EXCEED $ 100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT ( INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Except for Flock' s willful acts, Agency agrees to pay for Flock' s attorneys' fees to defend Flock for any alleged or actual claims arising out of or in any way related to the No -Fee Term.

8. 3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable ( if at all) only for the torts of its own officers, agents, or employees that occur within the scope of their official duties. Agency will not pursue any claims or actions against Flock' s suppliers.

8. 4 Indemnity. Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses ( including without limitation costs and attorneys' fees) in connection with any claim or action that arises from an alleged violation of Section 3. 2, a breach of this Agreement, Agency' s Installation Obligations, Agency' s sharing of any data in connection with the Flock system, Flock employees or agent or Non - Agency End Users, or otherwise from Agency' s use ofthe Services, Hardware and any Software, including any claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Agency' s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be ( or alleged to be) in violation of Section 3. 2 or this Agreement.

9. RECORD RETENTION

9. 1 Data Preservation. The Agency agrees to store Agency Data and Non -Agency End User Data in compliance with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules. As part of Agency' s consideration for paid access and no -fee access to the Flock System, to the extent that Flock is required by local, state or federal law to store the Agency Data or the Non -Agency End User Data, Agency agrees to preserve and securely store this data on Flock' s behalf so that Flock can delete the data from its servers and, should Flock be legally compelled by judicial or government order, Flock may retrieve the data from Agency upon demand.

10. MISCELLANEOUS

10. 1 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

Resolution 20- 21 Page 12

fi'ock safety

10. 2 Assignment. This Agreement is not assignable, transferable or sublicensable by Agency except with Flock' s prior written consent. Flock may transfer and assign any of its rights and obligations, in whole or in part, under this Agreement without consent.

10. 3 Entire Agreement. This Agreement, together with the Addendum, Order Form( s), the then -current Reinstall Policy ( https:// www. flocksafety. com/ reinstall- fee- schedule), and Deployment Plan( s), are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.

None of Agency' s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected.

10. 4 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Agency does not have any authority of any kind to bind Flock in any respect whatsoever. 10, 5 Costs and Attorneys' Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.

10. 6 Governing Law; Venue. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. In the event that any dispute rises under or either party brings any action against the other under this Agreement, the parties agree that jurisdiction for such dispute or action shall be vested exclusively in the state courts of California in the County Santa Clara or in the United States District Court for the Northern District of California. The parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

10. 7 Publicity. Unless otherwise indicated on the Order Form, Flock has the right to reference and use Agency' s name and trademarks and disclose the nature of the Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock' s website.

10. 8 Export. Agency may not remove or export from the United States or allow the export or re- export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations ofthe United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2. 101, the Services, the Hardware, the Embedded Software and Documentation are " commercial items" and according to DFAR section 252. 2277014( a)( 1) and ( 5) are deemed to be " commercial computer software" and " commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12. 212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U. S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

10. 9 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated Sections.

10. 10 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

10. 11 Authority. Each ofthe below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the organizations and individuals they are representing.

10. 12 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, iftransmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

Resolution 20- 21 Page 13

ADD:E;
s
NDIU M:

DATA PROCESSING

AGREEMENT
THIS DATA PROCESSING AGREEMENT (" DPA") is between Town of Los Altos Hills (" LAH")„ on its behalf and on behalf of its subsidiaries and affiliates ( each subsidiary a v' data exporter"), and < ALPR Vendor> (" Vendor").

1. 0 Purpose of the DPA. This DPA is intended to satisfy the requirement for an obligatory contract between the processor and controller for the onward transfer of personal data from the European Union ( or the United Kingdom) to the United States provided by LAH toVendoras well as to reflect the Parties' agreement with regard to the Processing of data, including Personal Data, in accordance with the requirements of Applicable Laws. Vendor agrees to comply with the provisions of this DPA when processing Personal Data in connection with the provision of services (" Services") pursuant to the Services Agreement/ GOVERNMENT AGENCY CUSTOMER AGREEMENT entered into by and between the parties hereto on the ( the " Master Agreement") to LAH. In the event that a term, provision, requirement or obligation of this DPA is inconsistent with or contradicts a term, provision, requirement or obligation of the Master Agreement, the parties specifically Intend that the DPA will control.

2. 0 Definitions. For the purpose of this DPA, these terms shall mean the following:

2. 1 " Applicable Laws" means all federal, state and foreign data protection, privacy and data security laws Including, without limitation, the General Data Protection Regulation ( Regulation ( EU) 2016/ 679) (" GDPR"), and the California Consumer Privacy Act of 2018, Cal. Civ. Code § 1798. 100-. 199 (" CCPA").

2. 2 " Authorized Personnel" means ( a) Vendor employees who have a need to know or otherwise access Personal Data for the purposes of performing applicable Services; and ( b) Vendor' s contractors, agents, and auditors who have a need to know or otherwise access Personal Data to enable Vendor to perform its obligations under this DPA, and who are bound in writing by confidentiality and other obligations sufficient to protect Personal Data in accordance with the terms and conditions of this DPA.

2. 3 " Customers" means the legal entity with to whom LAH has entered Into agreement to provide product or services.

2. 4 " Personal Data" means any non - production data relating to an Identified or identifiable person that is submitted to, or collected by, Vendor in connection with the Services or in connection with the provision of the Services to LAH, or a LAH affiliate, when such data is protected as " personal data" or " personally identifiable information" or a similar term under Applicable Laws.

Notwithstanding anything set forth in the Master Agreement, Personal Data is never excluded from Vendor' s obligations of confidentiality with respect to Confidential Information as set forth in the Master Agreement, or otherwise.

2. 5 " Process" or "Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction. 2, 6 " Security Breach" means ( a) any act or omission by Vendor that compromises either the security, confidentiality, or integrity of Personal Data or the physical, technical, administrative, or organizational safeguards put in place by Vendor ( or any Authorized Personnel), or ( b) a breach or alleged breach of this DPA relating to such privacy and data security practices, Without limiting the foregoing, a compromise shall include any unauthorized access to or disclosure or acquisition of Personal Data.

2. 7 " Sell" means the exchange of Personal Data for monetary or other valuable consideration, or as otherwise defined in the CCPA or U. S. federal law.

2. 8 " Standard Contractual Clauses" means the those clauses for the transfer of Personal Data from the EEA to Processors established in non -EEA countries that do not provide an adequate level of data protection approved by EC Commission Decision of 5 February 2010, as currently set out at: http:// ec.europa. eu/ iustice/ data- protection/ international- transfers/ transfer/ index en htm.

3. 0 Processing Personal Data.

Resolution 20- 21 Page 14

ffock safety

3. 1 General. Vendor shall process Personal Data in accordance with LAH' s written instructions ( unless expressly waived in a written requirement) provided during the term of this DPA. In the event Vendor reasonably believes there is a conflict with any Applicable Law and LAH' s Instructions, Vendor will Inform LAH immediately and the Parties shall cooperate in good faith to resolve the conflict and achieve the goals of such instruction. Vendor will not Sell Personal Data, and will not collect, retain, use, disclose or otherwise Process Personal Data for any purpose other than for the specific purpose of performing the Services, obligations, or actions for the benefit of the Town as specified in the Master Agreement.

3. 2 GDPR.
a) To the extent that Vendor will process any Personal Data that is subject to GDPR, Vendor shall process such Personal Data ( a) in the EEA or in a country considered by GDPR as providing adequate data privacy protection, or ( b) outside the EEA, pursuant to the Standard Contractual Clauses, which are hereby incorporated by reference into this DPA, and Vendor represents and warrants that it will comply with the Standard Contractual Clauses. For the purposes of the Standard Contractual Clauses, the following shall apply:

I. ' Data exporter' is LAH
U. ' Data importer' is Vendor
iii. ' Data subjects' are employees of Customer
iv. ' Categories of data' are name, and email address, and phone numbers of Data subjects V. ' Special categories of data' is ' none;' and
vi. ' Processing operations' are the performance of the Services under the Agreement.

For the purposes of Appendix 2 of the Standard Contractual Clauses, the description of the technical and organizational security measures are those described in Attachment 7 hereto.
b) Without limiting the foregoing, Vendor shall: ( i) assist, to a reasonable extent, the fulfilment of LAH' s obligations to respond to requests for exercising a data 'subject' s rights with respect to Personal Data under Chapter III of the GDPR; ( ii) assist, to a reasonable extent, LAH in complying with Its obligations with respect to Personal Data pursuant to Articles 32 to 36 of the GDPR; III) make available to LAH all information necessary to demonstrate compliance with Its obligations as a processor specified in Article 28 of the GDPR; ( iv) maintain a record of all categories of processing activities carried out on behalf of LAH in accordance with Article 30( 2) of the GDPR; and ( v) cooperate, on request, with an EU supervisory authority in the performance of the services under the Master Agreement,

3. 3 Compliance with Applicable Laws. Without prejudice to any of the other terms in this DPA Vendor will ensure that the Personal Data will be provided with a standard of protection that is comparable to the protection under Applicable Law and any requirements set out in advisory or other written guidelines Issued from time to time by LAH, Including specifically Vendor shall:
a) Not use or disclose Personal Data for any purpose other than those purposes Instructed as specified in the DPA; b) Not Sell Personal Data;
c) Only use and disclose Personal Data in a manner and to the extent permitted in this DPA or as otherwise agreed between the Parties in writing and observe all limitations as to such use or disclosure as LAH may notify to Vendor; d) Make a reasonable effort to ensure that Personal Data is accurate and complete if Personal Data Is likely to be ( 1) used by Vendor to make a decision that affects the individual to whom Personal Data relates; or (ii) disclosed by Vendor to another organization if permitted by LAH in writing);
e) Employ reasonable administrative, physical and technical safeguards ( including safeguards against worms, Trojan horses, and other disabling or damaging codes) to ensure that Personal Data is afforded protection in accordance with Applicable Law as would be appropriate based on the nature of the Personal Data; f) Ensure that Personal Data is kept secure and in an encrypted form, and shall use the standard industry security practices and systems applicable to the use of Personal Data to prevent, and take prompt and proper remedial action against unauthorized access, copying, modification, storage, reproduction, display or distribution of Personal Data; Resolution 20- 21 Page 15

ffock safety
g) Cease to retain documents containing Personal Data, or remove the means by which Personal Data can be associated with particular individuals as soon as it is reasonable to assume that ( 1) the specified purposes are no longer being served by the Vendor' s retention of Personal Data; and ( ii) retention is no longer necessary for legal or business purposes; h) If applicable, ensure that its Authorized Personnel are aware of the obligations specified under this DPA and agree to abide by the same.

3. 4 Authorized Personnel: Subprocessors. Vendor shall ensure that Authorized Personnel have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. During the term of each Authorized Personnel' s employment by Vendor, Vendor shall at all times cause such Authorized Personnel to abide by Vendor' s obligations under this DPA.

In addition, Vendor is authorized to use subprocessors provided that Vendor shall enter into an agreement with the subprocessor containing data protection obligations that are at least as restrictive as the obligations under this DPA. Vendor shall remain liable for any act or omission of a subprocessor that does not comply with the requirements of this DPA. Vendor hereby represents and warrants that in the performance of Services it employs the use of only those subprocessors set forth in Attachment 2, and will provide sixty ( 60) days' advance written notice of its intent to remove, add or otherwise change any such subprocessors.

3. 5 Security Breaches. Vendor will promptly, but no later than forty- eight (48) hours, after becoming aware of a Security Breach a) notify LAM of the Security Breach; ( b) investigate the Security Breach; ( c) provide LAH with details about the Security Breach; and d) make best efforts to prevent a recurrence of the Security Breach. Vendor agrees to cooperate in LAH' s handling of the matter by:
i) providing reasonable assistance with LAH' s investigation; and ( ii) making available relevant records, logs, files, data reporting, and other materials related to the Security Breach' s effects on LAH, as required to comply with Applicable Law.

3. 6 CJIS Compliance. Please provide a statement that confirms the Vendor shall provide an ALPR System that shall adhere to all guidelines set forth by the Criminal Justice Information Services (" CJIS") Agency. These guidelines were established by the U. S.

Department of Justice, Federal Bureau of Investigation and can be found utilizing the following link: https:// www. fbi. gov/ services/ cjis/ cjissecurity- policy- resource- center. This shall include all data In transit and at rest.

4. 0 Audits and Certifications. Within thirty ( 30) days of LAH' s written request, and no more than once annually and subject to the confidentiality obligations set forth in the Master Agreement ( unless such information is reasonably required to be disclosed as a response to a data subject' s inquiries under Applicable Law), Vendor shall make available to LAH ( or a mutually agreed upon third - party auditor) information regarding Vendor' s compliance with the obligations set forth in this DPA, including reasonable documentation. Upon Vendor' s reasonable written request, Vendor will promptly, and In no evenf more than thirty ( 30) days from the date of the written request, provide reasonable assistance to LAH to explain these certifications and audits.

5. 0 Miscellaneous.

5. 1
In the event of any conflict or inconsistency between this DPA and Applicable Law, Applicable Law shall prevail, provided LAH has notified Vendor of new changes that are applicable. In the event of any conflict or inconsistency between this DPA and the Master Agreement, the terms of this DPA shall prevail.

5. 2 In the event any provision of this DPA, in whole or in part, is invalid, unenforceable or in conflict with the applicable laws or regulations of any jurisdiction, such provision will be replaced, to the extent possible, with a provision which accomplishes the original business purposes of the provision in a valid and enforceable manner, and the remainder of this DPA will remain unaffected and in full force.

5. 3 Limitation of Liability. Each party and each of their Affiliates' liability, taken in aggregate, arising out of or related to this DPA and the Standard Contractual Clauses ( where applicable), whether in contract, tort or under any other theory of liability, shall be subject to the limitations and exclusions of liability set out in the section of the Master Services Agreement, entitled ' Limitation of Liability' and any reference in such section to the liability of a party means aggregate liability of that party and all of its Affiliates under the Master Agreement ( including this DPA).

5. 4 This DPA may be executed in several counterparts, each of which shall be deemed and original and all of which shall constitute one and the same instrument, and shall become effective when counterparts have been signed by each of the Parties and delivered to the other Parties; it being understood that all Parties need not sign the same counterparts. Signatures of the Parties transmitted via facsimile or other electronic means shall be deemed to be their original signatures for all purposes, Resolution 20- 21 Page 16

IN WITNESS WHEREOF, the parties hereto have caused this DPA to be executed s
by their authorized representatives as of the day and year written below.

M
By:

Name:

Title:

Vendor
By:

Name:

Title:

Date: Date:

Resolution 20- 21 Page 17

ftock safety

ATTACHMENTI
APPENDIX 2
to the Standard Contractual Clauses

1. 0 Purpose; Confidential Information; Order of Precedence. This Appendix shall apply to Vendor' s provision of Services generally pursuant to the Master Agreement, as defined in the DPA. To the extent not already defined in the Master Agreement the term " Confidential Information," as used in this Appendix shall mean all Information communicated to it by the other in connection with the Master Agreement and Identified as " Confidential," or a similar phrase, ( b) all information communicated to Vendor that reasonably should have been understood, because of confidentiality, descriptions or similar legends, the circumstances of disclosure or the nature of the information Itself, to be confidential to LAH, and ( d) Personal Data, as defined in the DPA. To the extent this Appendix conflicts with any previously agreed upon security standards or requirements in the Master Agreement or otherwise, in relation to Vendor' s performance of Services for LAH, the stricter standards or requirements shall apply.

2. 0 Vendor Data Security Program. Vendor agrees that it engages in the handling or transmission of LAH' s Confidential Information, and will therefore maintain a data security program that meets or exceeds the expectations defined in this Appendix 2. Vendor agrees to allow LAH to perform one information security audit annually, upon at least thirty ( 30) days' prior written notice, that consists of a review of Vendor's: ( a) information security policies, ( b) information security incident response plan, ( c) vulnerability management procedures, ( d) disaster recovery documentation, ( e) network perimeter vulnerability scans, ( f) web application vulnerability scans, ( g) and location( s) where LAH Confidential Information is processed.

3. 0
Information Handling, Protection, and Disposal. Vendor represents and warrants that any medium and/ or media that contain LAH Confidential Information for the purposes of delivery or transfer between LAH and Vendor are sufficiently secured and protected to prevent disclosure or examination by any unauthorized party. LAH acknowledges that neither Vendor nor the Software is a primary system of record of LAH Data, and LAH shall regularly backup any files for which it intends as such.

3. 1 Vendor will immediately revoke access privileges to LAH Confidential Information for separated ( either voluntarily or involuntarily) Vendor personnel following such separation.

3. 2 Vendor will ensure that LAH Confidential Information will be encrypted In transit and at rest using a method or tool which encrypts the LAH Confidential Information using an encryption algorithm of sufficient strength to render the LAH Confidential Information unreadable and unintelligible.

3. 3 Vendor will properly dispose of any LAH Confidential Information, as well as any documents and/ or media that contain any LAH Confidential Information. Vendor defines " properly dispose of LAH Confidential Information" as being in the state that is beyond recognition and beyond reconstruction. Specifically, Vendor will destroy data utilizing one of the following methods:

3. 3. 1 Format and overwrite the media with meaningless data ( either with some fixed pattern ( e. g. binary zeroes) or random data; there are numerous software utilities that are designed to securely remove files from disks)

3. 3. 2 Degauss the media ( degaussing equipment is available for magnetic tapes and hard disks).

3. 3. 3 Destroy the media by crushing, incinerating, cross -cut shredding, or melting.

3. 4 Upon request and within seventy- two ( 72) hours of destruction, Vendor will notify LAH that the LAH Confidential Information has been destroyed. Further, LAH shall maintain the right to request proof of data destruction after receipt of the destruction notification from Vendor. Vendor will provide LAH with proof of data destruction within seventy- two ( 72) hours of LAH' s request.

3. 5 After the termination or expiration of the Master Agreement, Vendor shall continue to protect any LAH Confidential Information in Vendor' s possession in accordance with the Master Agreement, the Clauses, and this Appendix 2.

4. 0 Security Awareness and Compliance. Vendor provides annual information security awareness training to its personnel assigned to provide Services to LAH. Vendor shall make the documentation available for review by LAH upon request.

5. 0 Personnel Security and Suitability. Before assigning any Vendor agent, or employee to perform Services, a background check will be conducted. If, at any time, it is discovered that a current or prospective Vendor agent, or employee being considered for assignment to perform Services has a criminal record that includes a felony, Vendor will be responsible for determining whether assigning that current or prospective Vendor agent, employee or subcontractor would be consistent with the safe and efficient performance of the Services, taking into consideration any and all appropriate factors, such as: ( i) the number, nature, and gravity of Resolution 20- 21 Page 18

ffock safety
the offense( s) for which the individual was convicted and their relevance to the job duties to LAH under the Agreement, and ( ii) the elapsed time and employment history since the most recent conviction and/ or completion of the sentence. If a current or prospective Vendor agent, or employee attempts to withhold or falsify information pertaining to previous criminal convictions, that individual will be disqualified from any assignment to perform Services. In performing background checks for persons being considered for assignment to perform Services for LAH, Vendor is required to comply with all applicable laws.

6. 0 Vulnerability Management,

6. 1 Vendor will develop, maintain, and adhere to documented procedures for network vulnerability management, including quarterly scanning of systems which transmit, process, or store any LAH Confidential Information.

6. 2 Vulnerability management procedures shall define timely remediation of detected vulnerabilities.

6. 3 Vendor will accurately log all activities of network vulnerability scanning and remediation, and maintain appropriate documentation of sufficient detail that demonstrates reasonable, good faith efforts to remediate vulnerabilities on systems which contain or have the potential to contain any LAH Confidential Information.

6. 4 Vendor will develop, maintain, and adhere to documented procedures for web application vulnerability management. Those procedures will include automated inspection or scanning of web applications transmitting, processing, or storing any LAH Confidential Information for OWASP Top 10.

6. 5 Vendor will accurately log all activities of web application vulnerability scanning and remediation, and maintain appropriate documentation of sufficient detail that demonstrates reasonable, good faith efforts to remediate vulnerabilities in web applications which transmit, process, or store any LAH Confidential Information.

LAH ( Data Exporter) Vendor ( Data Importer)
By:

Name:

Title:

By:

Name:

Title:

Date: Date:
a
Resolution 20- 21 Page 19

fock safety
ATTACHMENT 2

SUBPROCESSORS
Subproeessor's Name Address Role
INSERT] INSERT] INSERT]
INSERT] INSERT] INSERT]
INSERT] INSERT] INSERT]
INSERT] INSERT] INSERT]
Resolution 20- 21 Page 20

RESOLUTION 22- 22

A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS

ALTOS HILLS ADOPTING THE APPROVING THE REVIEW

CRITERIA FOR THE AUTOMATIC LICENSE PLATE READER PILOT

PROGRAM
WHEREAS, on April 15, 2021, the Los Altos Hills City Council approved the installation of 40 Automatic License Plate Readers cameras ( ALPRs) at fixed locations throughout Town for the purposes of deterring crime and helping to create a safer environment for all those who live, work, or visit the Town; and
WHEREAS, the Town has partnered with the ALPR camera vendor, Flock Safety, to install these cameras throughout Town; and
WHEREAS, the ALPR system was approved under a 60 day no -cost pilot program which officially started on February 1, 2022; and
WHEREAS, in order to properly review the ALPR system and have a robust discussion on the impact that these cameras have had in Town, a set of agreed upon criteria should be established; and
WHEREAS, the findings of the review criteria will help the Council decide whether or not to keep the cameras past the pilot period.

NOW THEREFORE, the City Council of the Town of Los Altos Hills hereby accepts the attached review criteria for the ALPR pilot program. ( Attachment A).

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on 17th of February 2022 by the following vote:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:

Deborah L. Padovan, City Cleric
By:

George Tys4jm6lr
Resolution 22-22 Page 1
Attachment 3

a
o
co
00 Resolution 22- 22 Page
2

LUW
C0I
U) JW
L) Z
F— D
Q _
O
W
GV
a
Q
Q
N
U)
r
iO
0 U) '
tE
cinv
J
o0N
WW
a)
a) 0
cn 0c
cncn OOM
CIE
Rf a) L Q E o c n
a) mN
U)
R0d

CS CS WLL L
cu
w
C
1) a) L. 0-
U
N
am
B0
N
Q
U
0 c
N
E
Q
O
to
O) C
a
N
v
R0d
iwsowtion t, L- Lt Page
3 cu
1) a) L. 0-
75 C
0 E
a)
O a) E
O) C
a
C VN
C'
a)
to
N
QN
U) M
L
cn
L a) 2
aS
aa) „ U
N
3O
OO
fB
cu
CQ
B
B
a)
U
o
a.

Q a) a)
O ca —
Q
n
0 oU. l—
L
o
0 c
C
a) a) a)
o
c
o a)
C
V
L
V
O
a)
ML
OE
E CL
0 0-
a
a
0 fnU
C fn
r
fA fA
NL
N cu
C "-
m
NU
O
E
0 O
a)
L
E
O
N f0
Y
CL
Q
B
C
C
mL
N( E
O
C ~
UC
O
O(
Q
a)
C_
o
a)
40 O c:

Q
LNOL hµy N
M N ,
U
m
L
a) U0 a) C a)
o a) M0 V)
UUa
Nc cnU
co
a)
a) OD
o
L
a) a)
4-
a)
p
0 a).5
m
o
6 a)
3LEXn,
a)+
C
a0
O a) U)
O
0Q a) a)
O a.

U)
U
M> CL
22 UN
D
C
C
M
j
O
N cn
O
CCOO
U
o—
U)
co
v7ov
O
0 a)
a)
CO` N
inC
c0
OccN
MC U) a)
O
C02 O O O w+ O f0 B -
C C+
CN
O
4—
O L7
NN
N
o
OO a) acp
m a;
vN a)
FU)
O
v7 L
fE LJJ
W
U 51-0
O0 1) O) 0.

OU Y (
n
iwsowtion t, L- Lt Page
3

3 UO6O
O
dN
Resolution 22- 22 Page
4

Resolution 22- 22 Page
5

TOWN OF LOS ALTOS HILLS March 17, 2022
Staff Report to the City Council
SUBJECT: REVIEW OF THE AUTOMATIC LICNESE PLATE READER PILOT

PROGRAM AND RESOLUTION ACCEPTING THE CONTINUED USE OF

THE ALPR SYSTEM IN TOWN
FROM: Cody Einfalt, Management Analyst
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council should:

Review the findings of the ALPR pilot program and consider approving the resolution to accept the continued use of the ALPR cameras in Town.

BACKGROUND:

On April 15, 2021, the Los Altos Hills City Council approved of a plan to install 40 Automatic License Plate Readers cameras (ALPRs) at fixed locations throughout Town for the purposes of deterring crime and helping to create a safer environment for all those who live, work, or visit the Town. The system was approved under a 60-day no-cost pilot program (Attachment 2).

The implementation plan consisted of an ALPR camera at all street entrances to Town which would scan license plate information of inbound traffic. Several other major intersections within Town boundaries have cameras installed as well. Using this system, license plate information is compared against law enforcement lists of license plates associated with stolen vehicles and people that have committed a crime. If the ALPR system detects any matches, the Santa Clara County Office of the Sheriff is notified immediately to investigate.

On February 17, 2022, the City Council approved a set list of evaluation criteria in which to review the ALPR pilot program. This report includes the findings of that set list of criteria for the purposes of determining whether to extend the use of the cameras based the 60-day pilot period. The pilot period runs February 1st – March 26th.

RECENT RESIDENTIAL BURGLARIES IN LOS ALTOS HILLS
The following information was provided by the Santa Clara County Sheriff’s Office in response to the recent burglaries in Town.

In the past two months, the Town of Los Altos Hills has experienced an uptick in residential burglaries as compared to last year. In January and February of this year, there have been a total of 11 incidents reported, more than past years for the same time frame.

C.E.

P.P.

Attachment 4

Staff Report to City Council Page 2
Review of the ALPR Pilot Program
March 17, 2022
Criminals are focusing on affluent communities throughout the State of California. They are determined burglars, which is why the Sheriff’s Office is working with local, state, and federal law enforcement agencies with the aim of identifying and arresting these individuals.

These intruders are primarily targeting master bedrooms, looking for jewelry, handbags, precious metals, safes, and other valuables. In 64% of the cases reported this year, only the master bedroom was searched. No other rooms in the house were disturbed. This is because most people store valuables that are easiest to make off with in the main bedroom of their home. Residents may want to consider securing such valuables in other areas of the home.

Another trend seen in these cases is access via a second-floor balcony. Burglars are not deterred from targeting second floor master bedrooms in multi-level homes. In multiple cases, the suspects entered the residence by first climbing to a second-floor master bedroom balcony, then breaking a glass door. These balconies were not accessible outside from the ground level. In one case, the suspects placed a chair atop a barbecue countertop to reach the balcony. In another case, the suspects had their choice of multiple ladders found in the backyard of the residence.

Moreover, these crooks are not walking up the main driveway or entering the property from the front street line. In multiple cases, the home was approached from a rear lot line, likely with the aim of avoiding detection or being seen by homeowners or neighbors.

The Sheriff’s Office wishes to remember all residents to secure their homes. Lock doors and windows and activate alarm and surveillance systems. In some cases, there was an alarm system in the home, but the system was not activated before leaving the property. This is especially important when heading out of town. In 45% of cases reported this year, residents were out-oftown or away on vacation for multiple days when the crime occurred. In another case, the home burglarized was not a main residence and infrequently occupied by the homeowner.

It should also be mentioned that of the 11 cases reported this year, one case involved a known suspect, a former employee at the residence who only entered the pool house. Furthermore, another case involved burglarizing the garage only. The main residence was not entered. In that case, suspects entered the garage through an unlocked pedestrian door and then searched through 0 2
4 6
8 10
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
January February

Staff Report to City Council Page 3
Review of ALPR Pilot Program
March 17, 2022
two unlocked vehicles therein. A purse was stolen from one of the vehicles, and in that purse was a key fob for the vehicle. Fortunately, the car was not stolen as well.

DISCUSSION:

In order to properly review the ALPR system and have a robust discussion on the impact that these cameras have had in Town, a set of agreed upon criteria has been established. A set list of criteria allows the Town Council and residents to agree on how these cameras will be evaluated and ultimately act as one of the deciding factors in the decision to keep the cameras or not.

The accepted evaluation criteria are separated into two groups: Town questions and County Sheriff questions. As a review, the topics include:
• System Requirements
• Security Requirements
• Storage and Software Requirements
• Data Access Statistics
• Data Collection Statistics
• Training
• Functional Requirements
• Burglary Statistics
ANALYSIS:

Attachment 3 in this report contains the full list of review criteria and the findings to the questions.

Next to each question, a determination of either “pass, fail, info, or N/A” is given. - “Pass” means the system operated in a way that was suspected, anticipated, or desired; - “Fail” means the system did not operate in the desired way or failed to provide desired information;
- “Info” means that the question is seeking quantitative information. - “N/A” means that the question is unable to be answered There are 52 questions in total. 31 are pass/fail questions, and 21 info questions. 27 out of the 31 “Pass/Fail” questions received a passing score.

The passing scores show that the system is for the most part working as expected and has been beneficial to the Sheriff’s Office. For example, in early February the ALPR system was used twice to help the Sheriff’s Office apprehend criminals:

On February 2, at about 9:50pm two license plate readers captured a suspicious vehicle that had stolen plates. The Santa Clara County Sheriff arrived and located the vehicle near Magdalena and HWY 280. The vehicle was subsequently confirmed as stolen and two occupants were arrested. During the investigation, the Sheriff Department located stolen mail from several Los Altos Hills residents, drug paraphernalia, and a second stolen plate.

Staff Report to City Council Page 4
Review of the ALPR Pilot Program
March 17, 2022
Both occupants had crime history and warrants for their arrest. They were both booked into jail for several crimes.

On February 28th at about 10:00PM, the Sherriff had an armed robbery and carjacking occur at a Valero Gas Station in Cupertino. Six suspects, in two vehicles, took the victim’s vehicle and personal property and drove off. The victim vehicle was captured on an ALPR cameras in Los Altos Hills a short time later where it was dumped after being cleared of the victim’s property. Also caught on camera was an associated vehicle registered out of Antioch. The Santa Clara County Sheriff worked with Antioch Police and located the vehicle near a home. After a pursuit of the occupants (and subsequent collision) two suspects associated to the robbery and carjacking were arrested. All of the victim’s stolen property was located in the suspect vehicle and/or in the two suspects’ possession. Both suspects will be brought to Santa Clara County to be booked in jail after receiving medical treatment.
4 out of the 31 “Pass/ Fail” questions stood out to staff. See below:

Question Notes from the Sheriff and/or Flock
Are vehicles without license plates
flagged to the Sheriff?
These will be in the search results but are not flagged as a hotlist violation. Vehicles with a temporary tag with a specified description can be hot listed.

Is storage of images limited to the
rear of the vehicle only?
Other objects (oncoming vehicles, cross traffic) could be captured. Cameras can be configured to limit likelihood of capturing vehicle fronts or sides.

Verify that all access is logged Search access is logged. All access (e.g., by admins) is currently not logged; Flock can access this but it's not an Admin-accessible log.

Verify that any person logging
into the ALPR system and
software requires Two Factor
Authentication before access is
granted
Initial access to the system requires two factor
authentication. There is an option to have the browser
remember that two factor authentication was confirmed. It does not require it every time.

These four items provided new information to staff about the operation of the system.

First, vehicles without license plates are not flagged by the system (aka the “hotlist”), meaning that the Santa Clara County Office of the Sheriff is not notified of these vehicles when they pass by a camera. A Flock engineer noted that the cameras do take pictures of these vehicles and these images are stored and able to be searched for (i.e. searching “vehicles with no plates” within the archives), however there is no existing notification system to alert County dispatch to this type of vehicle entering Town.

Second, the system was advertised to the Town as only taking pictures of the rear ends of automobiles. This was a critical component to privacy concerns such that limiting the cameras to only take pictures of the rear of a vehicle would eliminate the possibility of capturing images of the person driving the vehicle. However, upon speaking with Flock engineers Town staff found out that the cameras do take pictures of other objects that pass by the cameras, as these cameras

Staff Report to City Council Page 5
Review of ALPR Pilot Program
March 17, 2022
are triggered by a motion sensor. The engineer further explained that even though the cameras do take pictures of anything that passes by the lens, only images of vehicles are accessible by those who log into the system, i.e the County Sheriff. For example, images of a person walking by the camera or someone riding a bike would not be shown in search results conducted by the Sheriff.

This filtering is done through an automatic process once the picture is taken and the image is analyzed by the artificial intelligence of the system.

Third, access to the system is not as secure as staff had initially envisioned. Two-factor identification is only required when a new user first logs into the system, resulting in each subsequent log-in skipping this process; and the log of those who has accessed the system is not accessible to the admins of the County Sheriff.

SHERIFF COMMENTS:

A cover letter summarizing the data collected by the Sheriff’s Office can be seen in Attachment 4.

While managing the system throughout the testing period, Admin Users (the Sheriff’s Office) found Flock would send "System Notifications" out to notify users of system issues they were experiencing and that they were taking steps to resolve the issues. During the testing process, beginning February 1, 2022 and ending March 2, 2022, the following issues were identified with the Flock operating system by Sheriff's Admin Users:

1. Admin Users were initially unable to enter "Opt-Out" requests into the system, as requested by residents. Issue was brought to Flock's attention via email and ultimately resolved.

2. On 2 separate occasions, the "Insights Dashboard" (depicting number of plate reads, and searches) was not populating information. Flock brought this to Admin Users attention via a "System Notification" and the issues were quickly resolved on both occasions.

3. For the entirety of the testing period, the "Hot List" counter on the Insights Dashboard was not operable and therefore a manual download of the "hits" was needed to understand how many "hits" the system captured. The Dashboard has a category that would otherwise capture this data automatically. The issue was brought to Flock's attention via email with a response stating this was a system wide problem and they were working to resolve the issue. As of March 2, 2022, the issue is unresolved.

4. On at least 2 separate occasions, Admin Users noticed there was a delay in the notifications of Hot List Hit Notifications, either by email or on the Flock system directly. In the first noticed instance, the issue was resolved by Flock. On the second occasion, which also happened to be on the final day of the testing period, Flock notified Admin Users via a "System Notification" of the issue. However, but the end of the day, the issue was still unresolved. These delays in notifications ranged anywhere from 15 minutes to several hours, without any pattern. Vendor working on the issues.

Staff Report to City Council Page 6
Review of the ALPR Pilot Program
March 17, 2022
NEXT STEPS:

Should the City Council decide to keep the ALPR system passed the pilot period, Town staff recommends the following actions take place:
- Find locations for the two remaining cameras in Town. As explained at the February 17, 2022 City Council meeting, 38 out of the 40 originally approved camera locations are installed resulting in a number of properties in Town which are partially unprotected by the camera system. Some of these homes are located on private streets in Town. Staff recommends that cameras be installed at the entrances to private streets to reduce the number of partially unprotected homes. Town staff is already in discissions with the City Attorney about the process of installing Town ALPR cameras on private roads. - Further, Town staff can reach out to the residents of these partially unprotected properties to let them know that due to their location in Town and conflicting road right-of-way jurisdiction, their property is in a partially unprotected area. This notification would allow the residents to consider installing security systems of their own to become fully protected. - Working with the Sheriff’s Office to move cameras to better locations. Now that the cameras have been in place for roughly 2 months, the Sheriff’s Office has data on how these cameras operate and may be aware of areas of Town that need more cameras and/or areas of Town that have too many redundancies of cameras. However, staff would like to note that moving an installed camera to a new location results in a one time $800 fee to the Town by Flock.
2022 CITY COUNCIL STRATEGIC PRIORITIES:

Town staff worked with Town volunteer committees and the Council to establish goals for the year 2022. This project complies with the ALPR initiative, which meets the policy goal related to public safety.

FINANCIAL IMPACT:

On April 15, 2021, the City Council appropriated $120,000.00 from the unreserved general fund to cover the cost of the ALPR system, subject to a 60-day no-cost pilot program. The agreement with Flock is for 40 cameras, which has an initial term of $110,000 for the first year of service.

Each camera is priced at $2,500 per year with a one time installation cost of $250 per camera.

After the initial term the annual subscription cost will be $100,000 with annual price increases capped at 10%.

Should the City Council approve of the continued use of the cameras, Flock will invoice the Town for the price of implementation and a full year of use of the cameras.

ENVIRONMENTAL REVIEW:

The proposed project is exempt from California Environmental Quality Act (CEQA) pursuant to Sections 15301 and 15303 of the CEQA Guidelines.

Staff Report to City Council Page 7
Review of ALPR Pilot Program
March 17, 2022

ATTACHMENTS

1. Resolution

2. Agreement with Flock Safety – Executed

3. Evaluation Criteria with findings.

4. Cover Letter from Sheriff’s Office regarding Evaluation Period Findings

5. Public Comment Received Prior to March 11, 2022

RESOLUTION 27- 22

A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS

ALTOS HILLS ACCEPTING THE CONTINUED USE OF THE ALPR

SYSTEM IN TOWN PASSED THE PILOT PERIOD
WHEREAS, on April 15, 2021, the Los Altos Hills City Council approved the installation of 40 Automatic License Plate Readers cameras ( ALPRs) at fixed locations throughout Town for the purposes of deterring crime and helping to create a safer environment for all those who live, work, or visit the Town; and
WHEREAS, the Town entered into a 60 -day no -cost pilot program for the system, which ran from February 1, 2022 to March 26, 2022; and
WHEREAS, in order to properly review the ALPR system and have a robust discussion on the impact that these cameras have had in Town, on February 17, 2022 the City Council approved of evaluation criteria for the ALPR system; and
WHEREAS, the findings ofthe pilot period show that the ALPR system has had a positive benefit in keeping the Town safe and helping the Santa Clara County Office of the Sheriff investigate crimes.

NOW THEREFORE, the City Council of the Town of Los Altos Hills hereby has reviewed the findings ofthe ALPR system and has approved of the continued use of the camera system in Town passed the pilot period.

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on 17th of March 2022 by the following vote:

AYES: Tyson, Swan, Mok, Schmidt, Tanlcha
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:

V4kOe4 7
eborah L. Padovan, City Cleric
By:

George Tso , M or
Resolution 27- 22 Page I

Attachment 2

Date Evaluation Started:

Date Evaluation Completed:

Test Description Date
Result: Pass /
Fail / Info Notes / Findings
Section 1.0: System Requirements
a. Is the system ruggedized? What is the operating range? 2/15/2022 Info 30-70 ft range. Temp range is: -4 F to 104+b. Are cameras mounted in such a way that they is unlikely to bedamaged, and unlikely to cause damage? 2/15/2022 Pass All cameras are installed within the road right-of-way in a safe location e. Are the cameras mounted in such a way that they do not obstructvisibility? 2/15/2022 Pass No cameras block visibility of traffic f. Does the system correctly record Key Vehicle Scan Information(KVSI): 2/15/2022 Pass System correctly logs KVSI information (1) License plate number ✓
(2) License plate state/jurisdiction ✓(3) Date and time of read ✓(4) Camera ID that recorded the read (or map) ✓(5) Image of plate ✓(6) Image of vehicle rear ✓(7) Vehicle make ✓(8) Vehicle color ✓(9) Hotlist match, reason for match (if hotlist hit) ✓ g. Test that vehicles without license plates are flagged to the Sheriff. 2/28/2022 FAIL
These will be in search results but are not flagged as a hotlist violation. Vehicles with a temporary tag with a specified description can be hotlisted. h. Is storage of images limited to vehicle rears? 2/28/2022 FAIL
Other objects (oncoming vehicles, cross traffic) could be captured. Camers can be configured to limit likelihood of capturing vehicle fronts or sides. i. Test that non-automotive images (pedestrians, bicyclists, etc.) notstored. 2/28/2022 Pass Images of people are removed following object detection. These images are completely deleted from the system. j. Test that license plates and images of vehicles in the opt-out list arenot stored (should only say Resident). 3/3/2022 Pass No record of license plates on the Opt-Out list are recorded to the cloud k. What is the time interval within which law enforcement is notified of ahotlist vehicle? 2/28/2022 Info Generally 20-30 seconds. l. Check that the system data (access/logs) is maintained across powerloss (dead battery). 2/28/2022 Pass Solid state storage. m. Check what happens if a camera stops operating. Is there anynotification? 2/28/2022 Pass Flock is notified and then the admin (Sherif) is notified.

LOS ALTOS HILLS ALPR EVALUATION CHECKLIST - FLOCK SAFETY Attachment 3

Date Evaluation Started:

Date Evaluation Completed:

Test Description Date
Result
(Pass/Fail/Info) Findings From Sheriff Additional Notes From Flock Support Section 1.0: Security Requirements
a. Verify that Personally Identifiable Information (name, address) is notstored in the system. 2/15/2022 Pass No informaion available on owner or operator of vehicle Confirmed. b. Verify that all access is logged
2/15/2022 FAIL
Access to the system is logged but unable to find information on logging into system-Vendor to verify Search access is logged. All access (e.g., by admins) is currently not logged; Flock can access this but it's not an Admin-accessible log. c. Verify that a search requires a userid, date, time, case/investigationnumber and purpose. 2/14/2022 Pass Search for vehicle associated to a specific crime confirmed it requires all fields. Confirmed.d. Verify that Role-Based Access Control (RBAC) is available for anyperson querying the software 2/15/2022 Pass Verifed by checking user profiles.

Admin (full access), Patrol (search, hotlist tools), Dispatch (only view hotlist hit pops up), Nonactive user (all disabled), Detective (search, hotlist tools) e. Verify that any person logging into the ALPR system and softwarerequires Two Factor Authentication before access is granted 2/15/2022 FAIL Though optional, checked system and it is currently enabled. Initial access requires two factor authentication. f. Verify that the access log is preserved and recoverable following a"system crash" N/A Pass Vendor to verify.

Flock: Snapshots of the entire database are copied to storage in AWS in a separate cluster and mirrored. They have done crash recovery (seconds). Restoring search takes longer (15 minutes). Camera can store between 10 hrs - 7 days of data depending on traffic.

Section 2.0: Storage and Software Requirements
a. Verify that the System is role-based and rights-based according to thedesignated personnel's job role (i.e., Deputies shall have fewer rights,access, and capabilities than the Administrator as per law enforcementrequirements). 2/15/2022 Pass
Users assigned "role" by administrator upon registration into system. (Admin, Patrol, Detective, Dispatch, Non Active User) See above.
b. Verify that the software supports an unlimited number of "hot list"databases, including the NCIC (National Crime Information Center) andthe CCIC (California Crime Information Center) in order to identify astolen license plate, stolen vehicles, known criminals, etc.

N/A Pass Vendor to Verify
Currently tied in to CA Stolen Vehicle System, NCMEC Amber Alert. Flock confirmed that there is no software limit to the number of hotlist databases.

LOS ALTOS HILLS ALPR EVALUATION CHECKLIST - SHERIFF

c. Verify that the notification indicates the issue of concern with a vehicle (i.e., missing license plate, stolen vehicle, stolen license plate, sexualpredator, armed felon suspect, registered parolee, etc.) 2/17/2022 Pass
System assigns "Topic" to each "Hot List Hit" indicating reason for hit (Stolen Plate, Stolen Vehicle, Felony Vehicle, Amber Alert, Silver Alert).

Have verified stolen/lost plates so far. (Not clear if sexual predators and registered parolees are tracked by license plates. If license plate is captured for wanted felon, those would be tracked.) d. Test the addition of a license plate to the Town Opt Out list, and theTown hot list. Test that a vehicle can be removed from the Town OptOut list and the Town hot list. 2/17/2022 Pass
Plate information asking for "Opt-Out" entered by Admin users and can be easily removed by inidividual plate number.

Confirmed.
e. Verify that the Opt Out list is recoverable after a "system restart" 2/17/2022 Pass
Per Flock: Information stored in Cloud and recovered with Database restart. Also kept via spreadsheet by Admin users.

Opt out list is stored in the cloud as part of the database, so is recovered with the DB. f. Test if a query can be run to determine if a particular license plate (ora partial license plate) matches plates found by the system. Does theassociated System data include all KVSI data? 2/13/2022 Pass
Used Patrol vehicle plate and confirmed that the plate was shown in 12 cameras. Partial plate of the vehicle also brought up the same vehicle.

Confirmed.
g. Test that the software allows the vehicle scan data to be retained (notpurged) and allows retrieval for offline storage if required for aninvestigation. 2/17/2022 Pass
Allows for downloading of vehicle image, and copying of license plate (text). Also allows copying of metrics for actual plate scan (plate, date, source, topic, camera, network).

Purges after 30 days. Can download prior to that.
h. Test that the software purges image and license plate data after 30days. Check that this duration can be changed as part of theconfiguration. 2/23/2022 Pass
Software checked and it does purge license plates after 30 days as expected. Per Vendor, can be changed to 60 days but at an additonal cost.

Flock: Duration is configurable. Longer than 30 days is complicated, would have to be approved by a civic organization and trigger additional cost. Need to verify that images are purged after 30 days. i. Test retrieval of license plates and KVSI data within a certain time window for (i) a specific camera, (ii) all cameras in town 2/23/2022 Pass
Tested each individual camera as well as all cameras combined. System retrieved data as expected.

N.A
j. Ensure that the system provides a way for reporting defects to thevendor that allows specifying defect severity and results in a casenumber. 2/17/2022 Pass

1. Issues/defects reported to Flock Support viaemail with open text to explain problem andseverity. Support very responsive, but do notprovide case/tracking number.2. Plate read inaccuracies easily reported via"Flag Inaccurate" tab for follow-up andimprovemen by Flock.

Software allows Sheriff to send a defect report to Flock. No case number returned.No support for severity or case numbers as of now. k. Ensure that the status of reported defects can be tracked. 2/17/2022 Pass
Although specific reported defects cannot be tracked (no case number), follow-up on defects accomplished via email, with quick response from Flock.

No case numbers are given.

Section 3.0: Data Access Statistics
a. Number of hotlist hits over 30 days 3/2/2022 Info 254 hits as of 3/2/22 @ 2111 (Flock Time)(1311 LAH Time). N.A. b. Roles used to access ALPR data (detective, patrol deputy) 2/17/2022 Info Admin, Detective, Patrol = Search Enabled. Dispatch, Non-Active Users = Search Disabled. N.A.

c. Number and types of queries run (please obfuscate specific info) 3/2/2022 Info 185 searches related to active cases. N.A. d. Number of license plate misreads
3/2/2022 Info
8 (known). Most common is the system reading the letter or number wrong e.g. a "B" was read as a "R" on a plate that was showing the vehicle as stolen but it was incorrect. Internal policies and procedures require visual verification of the license plate prior to any enforcement action. No enforcement action taken on any of the 8 misreads.

N.A.
e. Number of license plate reads with some other bug triggered 2/20/2022 Info
Partial plate triggered alert of a stolen vehicle in error, vehicle with an "E" had the bottom portion of the letter blocked by the license plate frame and it triggered the system as a stolen vehicle plate. Investigated plate, notificed FLOCK and uncovered the error.

N.A.
f. Number of hotlist hits on a license plate that shouldn't have been therein the first place 3/2/2022 Info None known. N.A. g. Number of times the hotlist was out of date 3/2/2022 Info None known. N.A. h. Number of hotlist hits accurately notified but the Sheriff stopped thewrong people 3/2/2022 Info None. N.A.

Section 4.0: Data Collection Statistics
a. Number of license plates scanned by the system over 30 days 3/2/2022 Info 977,018 plate scans (as of 3/2/2022 @ 1450 LAH time) N.A. b. Number of license plates for which the Sheriff received hotlist hitsover 30 days 3/2/2022 Info 254 hits as of 3/2/22 @ 1311 (LAH Time). N.A. c. Number of hotlist hits received (by category: stolen, felony warrant,etc.) 3/2/2022 Info
Lost/Stolen Plate: 249Stolen Vehicle: 4Felony Vehicle: 1Amber Alert/Missing Child: 0Of those, 2 stolen vehicles and 1 felony vehicle were plate misreads for an actual total of 2 stolen vehicle hits and 0 felony vehicle hits. In addition, 196 license plates of the total (254) were duplicate "hits" meaning that the plate received more than one "hit." In actuality, 58 plates received "hit" notifications which means that 23% of all the "hits" were unique one time only "hits" and 77% were duplicate hits.

N.A.
d. How many vehicles were apprehended as a result of the Flocksystem? 3/2/2022 Info 2 vehicles (4 arrests). N.A. e. How many investigations Flock was involved in providing helpful andleading details? 3/2/2022 Info 34 investigations. N.A.

f. Has the system resulted in the solving of any cases or the apprehension of any stolen vehicles?
3/2/2022 Info
2 cases resulting in 4 arrests: 1 - Stolen vehicle & mail theft (2) subjects arrested. 1 - carjacking & robbery. (2) subjects arrested.

N.A.
g. Is there a reduction in the number of crimes in Town by anymeasurable quantity? 3/2/2022 Info
Sample size (30 days) to small to see results. However, two suspects arrested in a stolen vehicle and with several pieces of mail from Town residents would have continued their crime spree in Town if not apprehended.

N.A.
h. How much additional time have deputies spend tracking, researchingor managing the system? 3/2/2022 Info
112+ hours spent managing system by Sheriff Admin Staff between Feb 1 and Mar 2, 2022. This time does not include time spent by deputies training, using, or investigating crimes within the system. Nor does it include hours associated to our dispatch employees (different organization).

N.A.

Section 5.0: Training
a. Number of personnel trained on the system over 30 days 3/2/2022 Info
10 additioanl deputies trainied on the use of the system within the 30 day period. However, 69 deputies were trained on the system during the initial implementation which prepared us for this 30 day analysis period.

N.A.
b. Number of training sessions performed (search and hotlist) over 30days 3/2/2022 Info 6 focused training sessions in 30 day testing period. N.A. c. Number of system log audits performed over 30 days
3/2/2022 Info
15 audits performed by Admin staff. Audits ensured that a reason for the search was entered along with a case number associated. The case number was then used to research the details of each case to ensure a nexus to the search.

N.A.

Section 6.0: Functional Requirements
a. Test the cameras’ ability to correctly capture KVSI data, including fordigitally printed plates, from (at least multiple) states including vanityplates, temporary plates, multiple plates, plates with symbols (hand,heart, star, etc.), purple heart plates, half-height character plates,vehicles with no plates, and motorcycle plates in daylight, low light, anddarkness. 2/22/2022 and
2/23/22 Pass
Captured vehicles with no plates. Tested 38 cameras (2 offline) during dark hours and daylight hours and images during darkness a bit difficult to read but functional. Many out of state plates captured. Motorcycle plates captured well. Temporary plates captured as expected. Vanity plates captured well (pink bow, heart, exempt). Camera #38 had significant washout due to direct sun between 7:30 am and 8:15 am. Not relayed to vendor.

N.A.
b. Are any vehicle captures missed (to our knowledge)? 3/2/2022 N/A Not Known N.A.

c. Test the camera's ability to distinguish easily misidentified characters, e.g., O/0, T/I, B/8, or unknown characters (assuming the plate is visible) 2/23/2022 Pass
Cameras do a good job of distinguishing characters but on a few occasions they do misread the plate e.g., a "U" was misread as a "J" but corrected one second after with a second image fromt the same camera. A second example was a "D" mistaken for an "O". When the plate is blocked by an object (bicycle, trailer hitch, etc.) it also provides misreads, which was relayed to us by vendor and again, our polices and procedures prevent any enforcement action unless the plate is visually verified. None of these misreads resulted in any enforcement actions.

N.A.
d. Test that license plates can be provided to the Sheriff for addition tothe Opt Out List 2/17/2022 Pass Plates provided to Sheriff by Town Rep and entered to Opt-Out List by Admin users. N.A.e. Test whether the Opt Out List can be retrieved for audit/reviewpurposes 2/17/2022 Pass Opt-Out list can be copied and saved from Flock site. Opt-Out's also saved on master spreadsheet as entered.

Sheriff can highlight and copy the list and save it (large text box). f. Test that the cameras can capture KVSI data for vehicles traveling athigh speed (at least 70 mph) N/A Info Untested in interest of public safety.

Depends on angle and distance from camera to the road. In right of way, speed up to 100 mph for image and license plate.

Section 7.0: Burglaries
a. Number of burglaries in Town before and after camera installation (forsame time period) 3/2/2022 Info
February 2022 = 6 BurglariesJanuary 2022 = 5 BurglariesFebruary 2021 = 0 BurglariesJanuary 2021 = 8 Burglaries b. Number of burglaries in neighboring Town’s without cameras 3/2/2022 Info See below tables CUPERTINO JAN FEB2021 7 92022 4 8SARATOGA JAN FEB2021 8 52022 7 7

County of Santa Clara
Office of the Sheriff
55 West Younger Avenue
San Jose, California 95110-1721
(408) 808-4400
________________________________________________________________________________________________ Laurie Smith
Sheriff
March 3, 2022
Mr. Peter Pirnejad
Los Altos Hills Town Manager
26379 Fremont Road
Los Altos Hills, CA 94022
RE: Automated License Plate Recognition Cameras (ALPR)
Dear Mr. Pirnejad,
At the direction of the Town of Los Altos Hills, the Sheriff’s Office completed a 30-day evaluation of the Flock Automated License Plate Recognition Camera System (ALPR). The evaluation period commenced on February 1, 2022 and ended on March 2, 2022. During this time, the ALPR system read 977,018 license plates and the Sheriff’s Office received 254 notifications of license plates matching either a lost or stolen plate, stolen vehicle, missing person, or a license plate associated to a felony investigation. Of the 254 license plate notifications, 249 were stolen or lost, four were stolen vehicle plates, and one was a felony wanted plate. Though we received a substantial number of notifications, 196 where duplicate notifications, as the same vehicle was captured on several cameras during several days and times.

The total net number of notifications was 58, or 23% of all the notifications.

During this evaluation period, a total of four suspects were arrested in two separate and ongoing investigations. Two were arrested for an armed robbery and carjacking that occurred in Cupertino and two were arrested while driving a stolen vehicle and committing various thefts in Town. In addition, deputies and detectives performed 185 searches in the system associated to specific investigations.

The Sheriff’s Office focused heavily on training and subsequently trained over 79 deputies since the implementation of the ALPR system. Though deputies use the system daily, the need for more focused training remains a top priority for us to ensure the system yields more positive results.

Attachment 4

In conclusion, it is my opinion that the ALPR system is an added resource that will help the Sheriff’s Office in preventing and solving crime. While the system itself has significant value, it is important to note that the system itself is not a solution to reduce or eliminate all crime, rather a resource that will complement the already complex process involved in the investigation and prevention of crime.

I would like to thank the Town for giving the Sheriff’s Office the opportunity to utilize and evaluate the ALPR system. We are fortunate to have strong support from the Town and Community in our efforts to eliminate crime and hold those that victimize residents accountable.

I thank you, the Town Council, and the Residents of Los Altos Hills for allowing us to be part of your community.

Sincerely,
Captain Rich Urena #1815
Office of the Sheriff, Santa Clara County
West Valley Patrol Division Commander
Attachment:

Sheriff Evaluation Spreadsheet

From:

To: City Council
Subject: ALPR support
Date: Sunday, March 6, 2022 8:47:41 AM
Some people who received this message don't often get email from Learn why this is important
Hello council leaders,
I want to express our strong support for ALPRs in LAH.

This is not the time to debate exactly how effective they are and to engage in academic exercises and statistical data analysis. We know they work because they have helped AT-LEAST one crime get solved recently. That statistic is more than enough.

Please act like the next house burgled will be yours when you make your go/no-go decision. How glad will you be that there is a CHANCE that ALPRs will help catch the criminal who violated your privacy, hurt someone in your family, took your precious valuables ( some that have priceless memories attached to them )?
If they help apprehend even just ONE criminal who commits a burglary in LAH, they are worth it.

Please vote in favor of ALPRs.

Subina Desai
Sanjay Desai
Amaani Desai
Anisha Desai
, LAH
Attachment 5

From:

To: City Council
Subject: ALPR support
Date: Sunday, March 6, 2022 9:00:27 AM
Some people who received this message don't often get email from . Learn why this is important
Dear members of the Los Altos Hills City Council,
I am writing to you express my support of ALPRs in the town for your upcoming Council meeting on March 17th.

With the marked increase in property crime in town, I believe that permanent operation of the ALPR cameras in town are a moral obligation by residents to do what we can to deter crime in the town.

Thank you for considering this matter.

Best regards,
Hajime Murakami
--
Hajime Kenneth (Haj) Murakami

From:

To: City Council
Subject: support for ALPR
Date: Sunday, March 6, 2022 9:34:57 AM
Some people who received this message don't often get email from . Learn why this is important
Please add our residence/names for support for continuing the ALPRs for the town.

Mike and Cassandra Gencarella

From:

To: City Council;
Subject: Please vote GO for Los Altos Hills ALPRs
Date: Sunday, March 6, 2022 9:39:17 AM
Some people who received this message don't often get email from . Learn why this is important
Hi, LAH Council Members,
THANK YOU for installing the ALPRs, and making our city safer.

Please vote GO for Los Altos Hills ALPRs
Thank You
David

From:

To: City Council
Subject: ALPRs
Date: Sunday, March 6, 2022 10:29:13 AM
[Some people who received this message don't often get email from Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] Dear LAH City Council members,
We hope that you will decide to fund the ongoing deployment of this security measure.

Best regards,
Dave and Susanne Scott
Sent from my iPhone

From:

To: City Council
Subject: Keeping ALPR to prevent crime
Date: Sunday, March 6, 2022 11:07:26 AM
[Some people who received this message don't often get email from . Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] Hello,
It is no question that town of Los Altos Hills needs all the automatic license plate readers throughout to deter the recent uptick of break-ins and robberies.

I’ve been living here over 40 years and I’ve never seen so much crime happening in our town recently as compared to 20 or 40 years ago.

Please keep our town a safe place to live by having all the ALPRS remaining where they are.

Thank you for your consideration.

Christine Chu
Sent from my iPhone

From:

To: City Council
Subject: We support the ALPRs for the Go/No-Go decision at the City Council meeting on March 17.

Date: Sunday, March 6, 2022 11:12:42 AM
Some people who received this message don't often get email from . Learn why this is important
Hello:

I feel much safer with these ALPR's installed. Please keep them.

Best,
Kim Citrino
Los Altos Hills

From:

To: City Council
Subject: ALPRS
Date: Sunday, March 6, 2022 11:27:46 AM
[Some people who received this message don't often get email from . Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] I support ALPRS at the forthcoming council meeting.

Pearl Chan

From:

To: City Council
Subject: TRAFFIC CAMERAS IN LAH
Date: Sunday, March 6, 2022 11:56:24 AM
Some people who received this message don't often get email from .

Learn why this is important
TO COUNCIL MEMBERS OF LAH..... I support the license plate reader program, and I encourage the Sheriff to pursue "minor" crime like auto break ins, mail box theft and delivery package theft. FRANK LLOYD LAH

From:

To: City Council
Cc:

Subject: ALPRs
Date: Sunday, March 6, 2022 2:40:14 PM
Some people who received this message don't often get email from .

Learn why this is important
Council Members,
Please support the ALPRs at the March 17 2022 Meeting.

Thank you,
Kent R. Bourquin

From:

To: City Council
Subject: Fw: Support for ALPRs
Date: Sunday, March 6, 2022 2:58:22 PM
Some people who received this message don't often get email from . Learn why this is important
Hello,
I am writing to express my strong support for the ALPRs ahead of the Go/No-Go decision at the City Council meeting on March 17
As shared in last week's weekly report, this technology is extremely valuable to the safety of our town.

I encourage you to make a "Go" decision on March 17th.

Thank you,
Kira Hartz
---------- Forwarded message ---------
From: Town of Los Altos Hills <[email protected]>
Date: Fri, Mar 4, 2022 at 4:54 PM
Subject: City Manager's Weekly Report - February 28 - March 4 (Week 9) To: < >
Banner

From:

To: City Council
Subject: Keep ALPRs in Town of LAH
Date: Sunday, March 6, 2022 4:50:14 PM
Dear Council members,
We have already seen the benefits of having ALPRs in our town; from catching perpetrators in the Cupertino gas station case and Sheriffs being able to get data from ALPRs in the aftermath of a burglary.

My neighbors and I at E Sunset Dr are fully supportive of continuing Flock program in our town.

Please lmk if you want us to sign a letter of support for Flock and drop it off at Town hall.

Best regards,
Shyamoli Banerjee
Sent from my iPhone

From:

To: City Council
Subject: We fully support keeping ALPRs in Los Altos Hills Date: Sunday, March 6, 2022 5:42:59 PM
Dear City Council Members,
As victims of home burglaries in Los Altos Hills, we fully support keeping ALPRs in our town. In fact, we would prefer our town install more ALPRs because they have proven to be highly effective deterrent against criminals.

With Best Regards,
Wan & Yoke Chan

From:

To: City Council
Subject: Continue Support for ALPRs in LAH
Date: Sunday, March 6, 2022 6:28:51 PM
Some people who received this message don't often get email from .

Learn why this is important
Dear Los Altos Hills City Council,
I am writing this letter to express my support of the town's Automatic License Plate Reader.

The ALPR implementation has already demonstrated a success in the few short weeks that it has been online. I felt relieved that the system was in use when I was out of town for a week in mid February. The ALPR gives me peace of mind that my home and neighborhood are safer.

Please continue to fund and keep the ALPR system online beyond the trial period.

Sincerely,
Karen Chi
Los Altos Hills

From:

To: City Council
Subject: ALPR
Date: Monday, March 7, 2022 9:02:12 AM
[Some people who received this message don't often get email from . Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] I enthusiastically support this program & appreciate the Council’s endorsement of it.

Sent from my iPhone

From:

To: City Council
Cc:

Subject: Vote YES March 17 on ALPR"s! pretty please
Date: Wednesday, March 9, 2022 11:56:24 AM
Some people who received this message don't often get email from . Learn why this is important
Dear Honorable City Councilmembers:

I would like to express my support for the recently installed ALPRs license plate readers.

Thanks to Rajiv Bhateja for driving this initiative, that has already shown, to help solve crimes of break-ins as well as carjackings (see Cupertino carjacking suspect's car and the carjacked car sending prompt notifications from LAH's ALPR's that enabled our sheriff's department to work in conjunction with another jurisdiction to arrest the suspects and retrieve vehicle).

Once word gets out LAH has this crime fighting system installed LAH won't be such an easy target. All the residents will thank you. I also like the option to opt out for residents who choose to do so.

I thank you all for your diligent work in getting these installed and I encourage you all to vote YES to keep the ALPR's permanent at the March 17th City Council meeting. You will have a most appreciative resident when this passes.

Regards,
LeeAnn Warshawsky
Los Altos Hills, CA 94022

LOS ALTOS HILLS ALPR EVALUATION

CHECKLIST - SHERIFF
Test Description Findings From Sheriff 2022 Year End Update Section 1.0: Data Access Statistics
a. Number of hotlist hits over 30 days 254 hits as of 3/2/22 @ 2111 (Flock Time)(1311 LAH Time).
2,018 plate hits
c. Number and types of queries run (please obfuscate specific info) 185 searches related to active cases. 6,437 searches d. Number of license plate misreads 8 (known). Most common is the system reading the letter or number wrong e.g. a "B" was read
as a "R" on a plate that was showing the vehicle
as stolen but it was incorrect. Internal policies
and procedures require visual verification of the
license plate prior to any enforcement action.

No enforcement action taken on any of the 8
misreads.

N.A.
e. Number of license plate reads with some other bug triggered Partial plate triggered alert of a stolen vehicle in error, vehicle with an "E" had the bottom portion
of the letter blocked by the license plate frame
and it triggered the system as a stolen vehicle
plate. Investigated plate, notificed FLOCK and
uncovered the error.

N.A.
f. Number of hotlist hits on a license plate that shouldn't have been there in the first place
None known. N.A.
g. Number of times the hotlist was out of date None known. h. Number of hotlist hits accurately notified but the Sheriff stopped the wrong people
None. N.A.

Section 2.0: Data Collection Statistics
a. Number of license plates scanned by the system over 30 days 977,018 plate scans (as of 3/2/2022 @ 1450 LAH time)
10,842,497 plate reads
b. Number of license plates for which the Sheriff received hotlist hits over 30 days
254 hits as of 3/2/22 @ 1311 (LAH Time). 2,018 plate hits c. Number of hotlist hits received (by category: stolen, felony warrant, etc.)
Lost/Stolen Plate: 249
Stolen Vehicle: 4
Felony Vehicle: 1
Amber Alert/Missing Child: 0
Of those, 2 stolen vehicles and 1 felony vehicle
were plate misreads for an actual total of 2
stolen vehicle hits and 0 felony vehicle hits. In
addition, 196 license plates of the total (254)
were duplicate "hits" meaning that the plate
received more than one "hit." In actuality, 58
plates received "hit" notifications which means
that 23% of all the "hits" were unique one time
only "hits" and 77% were duplicate hits.

Lost/stolen plate: 1,953
Stolen Vehicle: 50
Felony Vehicle: 8
Missing Person: 5
Network Test: 2
d. How many vehicles were apprehended as a result of the Flock system?
2 vehicles (4 arrests). 8 vehicles
e. How many investigations Flock was involved in providing helpful and leading details?
34 investigations. see letter
f. Has the system resulted in the solving of any cases or the apprehension of any stolen vehicles?
2 cases resulting in 4 arrests:
1 - Stolen vehicle & mail theft (2) subjects
arrested.
1 - carjacking & robbery. (2) subjects arrested.
5 cases resulted in 7 arrests
10 wanted vehicles/plates located
g. Is there a reduction in the number of crimes in Town by any measurable quantity?
Sample size (30 days) too small to see results.

However, two suspects arrested in a stolen
vehicle and with several pieces of mail from
Town residents would have continued their
crime spree in Town if not apprehended.
see letter - Attachment 7
h. How much additional time have deputies spend tracking, researching or managing the system?
112+ hours spent managing system by Sheriff
Admin Staff between Feb 1 and Mar 2, 2022.

This time does not include time spent by
deputies training, using, or investigating crimes
within the system. Nor does it include hours
associated to our dispatch employees (different
organization).
300 hours budgeted. Went over 427 (end of 2022)
investigation hours
Attachment 5

Section 3.0: Training
a. Number of personnel trained on the system over 30 days 10 additional deputies trained on the use of the system within the 30 day period. However, 69
deputies were trained on the system during the
initial implementation which prepared us for this
30 day analysis period.

Maintain around 70 deputies. Due to turnover,
continuous training is needed
b. Number of training sessions performed (search and hotlist) over 30 days
6 focused training sessions in 30 day testing
period.

Training every month and then as needed due to turn
over.
c. Number of system log audits performed over 30 days 15 audits performed by Admin staff. Audits ensured that a reason for the search was
entered along with a case number associated.

The case number was then used to research the
details of each case to ensure a nexus to the
search.
81 Section 4.0: Functional Requirements
b. Are any vehicle captures missed (to our knowledge)? Not Known none. d. Test that license plates can be provided to the Sheriff for addition to the opt Out List
Plates provided to Sheriff by Town Rep and
entered to Opt-Out List by Admin users.
yes.

Section 5.0: Burglaries
a. Number of burglaries in Town before and after camera installation (for same time period)
February 2022 = 6 Burglaries
January 2022 = 5 Burglaries
February 2021 = 0 Burglaries
January 2021 = 8 Burglaries
See worksheet tab b. LAH, Cup & Sar Res Burg Data
b. Number of burglaries in neighboring Town’s without cameras See below tables See worksheet tab b. LAH, Cup & Sar Res Burg Data (but Saratoga now has cameras)

Los Altos Hills JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Total 2021 8 0 0 0 1 0 2 0 1 4 4 2 22
2022 5 6 3 0 0 4 5 4 4 8 6 6 51
Cupertino JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Total 2021 7 9 3 4 7 4 6 6 5 7 10 11 79
2022 4 7 5 6 6 6 7 6 9 7 11 11 85
Saratoga JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Total 2021 8 5 1 0 3 8 1 6 8 4 3 9 56
2022 7 7 2 2 3 12 6 6 4 10 9 7 75
Residential Burglaries

Los Altos Hills JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Total 2021 8 0 0 0 1 0 2 0 1 4 4 2 22
2022 5 6 3 0 0 4 5 4 4 8 6 6 51
Cupertino JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Total 2021 7 9 3 4 7 4 6 6 5 7 10 11 79
2022 4 7 5 6 6 6 7 6 9 7 11 11 85
Saratoga JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Total 2021 8 5 1 0 3 8 1 6 8 4 3 9 56
2022 7 7 2 2 3 12 6 6 4 10 9 7 75
Residential Burglaries

Event# Summary Disposition
22-033-0414
2/2/2022, approximately 2149 hours, Flock captured a vehicle with a stolen license plate driving in the area of Magdalena Avenue and HY 280. Within 8 minutes, deputies located the vehicle. The vehicle came to a complete stop in a cul-de-sac.

Deputies approached the vehicle, conducted an investigation, and determined the vehicle was stolen.

Two suspects were ARRESTED and booked into the Main Jail for vehicle theft, mail theft, falsify a license plate, and other felony warrants. DA filed PC 496(a) x3 and PC 530.5(e) x2 for one suspect, and declined to file charges against the other.
22-059-0334
2/28/2022, approximately 2206 hours, deputies were dispatched to an armed carjacking in Cupertino. The suspects fled towards LAH in the victim’s vehicle, followed by two additional vehicles. Flock captured the victim’s vehicle in the area of Magdalena Avenue and HY 280. Deputies used Flock, searched for additional vehicles in the area of Magdalena and HY 280 within that time frame. Flock cameras captured the other two associated vehicles and their license plates. Deputies were able to identify and register the vehicles into SVS as felony vehicles.

Within three hours, Antioch PD was involved in a pursuit with two out of the four suspects involved.

The two suspects were ARRESTED for felony charges and other drug related charges. 22-093-0280
4/3/2022, at approximately 1747 hours, Flock captured a vehicle in the area of El Monte Road and Hummingbird Court. The vehicle was registered as a felony vehicle, which was associated with a shooting during a sideshow in Hayward. Within two minutes of the Flock notification, deputies located the vehicle and identified the occupants of the vehicle.

FELONY WANT VEHICLE SEIZED, and the occupants were identified. 22-128-0328
5/8/2022, approximately 2348 hours, deputies were dispatched to a “sideshow” involving over 50 vehicles. Flock captured a vehicle with a stolen license plate affixed to it in the area of Page Mill Road and Coyote Hill Road. Deputies located the vehicle and after a five-minute pursuit, lost visual of the vehicle and terminated the pursuit. At approximately 0003 hours, Deputies located the vehicle, abandoned on a cul-de-sac, and within minutes located the suspect.

The suspect was ARRESTED and booked into the Main Jail for recklessly evading Peace Officers, resisting arrest, participating in a side show, and other minor traffic violations. 22-174-0400
6/23/2022, at approximately 2213 hours, deputies were notified of a BOL in the area of Page Mill Road and HY 280, for a stolen Ford F-150 Palo Alto PD was in pursuit of (22-174-0362). At 2215 hours, deputies were notified of an ALPR hit of that same stolen Ford F-150 in the area of Page Mill Road and Berry Hill Lane (22-174-0364). Deputies circulated the area, but were unbale to locate the vehicle. At approximately 2352 hours, deputies were notified of a suspect breaking into a vehicle in the area of Lupine Road and Page Mill Road. The suspect fled the scene and deputies were able to locate the suspect after a K9 search. Deputies searched the suspect and located the keys to the stolen Ford F-150 inside the suspect’s front pocket.

The suspect was ARRESTED for six felony warrants, in addition to six on-view felonies and four on-view misdemeanors.
22-214-0408
8/2/22, a wife reported her husband missing. He left the residence by vehicle, so Flock cameras were used to determine the date, time and direction the missing person went. The MISSING PERSON returned home without incident. 22-261-0118
Between 9/1 and 9/20/22, several mail theft incidents were reported. The suspect vehicle used during commission of these crimes was captured by Flock ALPR cameras, identifying the vehicle description and license plate.

Detectives IDENTIFIED PERSONS OF INTEREST/POSSIBLE SUSPECTS (2) who both had prior cases for theft and possession of stolen property.
22-280-0390
10/7/22, unknown suspect(s) burglarized a residence. Deputies used Flock to identify the vehicle used by the suspect(s) during the commission of the crime. Deputies contacted the registered owner of the license plate, who ultimately claimed and reported his license plate was stolen. Cameras showed suspect vehicle was an Audi, and the alleged stolen plate also belonged to Audi, but no further evidence to ID registered owner as a suspect in this case.

Provided detectives with a good INVESTIGATIVE LEAD, but lead unfortunately did not result in arrest or suspect identification without more evidence.
22-337-0043
12/3/22, Flock hit received for a stolen vehicle at Fremont and Arastradero Roads for a vehicle wanted pursuant to suspect using a fake ID to purchase the vehicle. Deputies received info that there were two possible suspects associated to the vehicle, who both had multiple felony warrants. Deputies monitored ALPR system, tracked the vehicle through the town, but then received info from RATTF to not pursue as associated suspects were already identified by the task force.

WANTED VEHICLE LOCATED, tracked through town using ALPR system, and investigative information passed on to task force investigating suspects wanted in assocation to vehicle.

Attachment 6

22-354-0294
12/20/22, Flock hit at Moody and Rhus Ridge Roads for vehicle wanted by CHP Hayward for reckless evading. The vehicle was located, driver detained, CHP was contacted, and the vehicle was impounded per CHPs request. The driver was released. WANTED VEHICLE LOCATED, vehicle impounded. 22-355-0067
12/21/22, Flock hit received for vehicle at Page Mill Road and Berry Hill Lane for a felony want related to vehicle's involvement in police evasion case with SJPD. Los Altos Hills beat deputy responded, located the vehicle and eventualy initiated a stop after first confirming the hit or that the vehicle was still wanted and waiting for additional units to get in position to assist. Pursuit was initiated and ended up at SO Headquarters. Suspect initially failed to comply but ultimately was detained without further incident. Suspect had multiple outstanding warrants, 148 convictions, a felony firearm conviction, and was found in possession of a stolen license plate.

The suspect was ARRESTED and booked into Main Jail for evading police, possession of stolen property (license plate stolen from a vehicle in San Jose), and four warrants for charges related to 11377, 487, 422, 14601 and 4462.5.
22-356-0070
12/22/22, Flock hit received for a stolen vehicle at Summerhill and S. El Monte Avenues. Several deputies responded to the area of Foothill College, coordinated a perimeter and conducted a thorough check of the area. Deputies located the vehicle as it exited the campus, initiated an enforcement stop and pursuit, but ultimately terminated in the interest of public safety when the suspect drove wrong way/against traffic at high speeds. BOL put out to CHP and Los Altos PD.

STOLEN VEHICLE LOCATED, traffic stop and pursuit initiated but ultimately terminated in interest of public safety.
22-362-0328
12/28/22, Flock hit received for a stolen vehicle at Arastradero and Page Mill Roads. Deputies located and attempted to stop the vehicle, but the suspect did not yield, recklessly evaded, and the pursuit was ultimately terminated in the interest of public safety.

STOLEN VEHICLE LOCATED, traffic stop and pursuit initiated but ultimately terminated in interest of public safety.

County of Santa Clara
Office of the Sheriff
55 West Younger Avenue
San Jose, California 95110-1721
(408) 808-4400
________________________________________________________________________________________________ Robert Jonsen
Sheriff
January 11, 2023
Mr. Peter Pirnejad
Los Altos Hills Town Manager
26379 Fremont Road
Los Altos Hills, CA 94022
RE: Automated License Plate Recognition Cameras (ALPR)
Dear Mr. Pirnejad,
At the direction of the Town of Los Altos Hills, the Sheriff’s Office completed a one year review of the Flock Automated License Plate Recognition Camera System (ALPR). The period reviewed was January 1, 2022 through December 31, 2022. During this time, the ALPR system made 10,842,497 license plate reads and the Sheriff’s Office received 2,018 notifications of license plates matching either a lost or stolen plate, stolen vehicle, missing person, or a license plate associated to a felony investigation. Of the 2,018 license plate notifications, 1,953 were stolen or lost, 50 were stolen vehicle plates, eight were a felony wanted plate, five were related to a missing persons case, and two were associated with network testing.

The use of the ALPR cameras resulted in an arrest disposition in five cases, with a total of seven suspects apprehended. These suspects were charged with offenses including robbery, carjacking, burglary, vehicle theft, mail theft, reckless evading, participation in a sideshow, and possession of stolen property. The use of the ALPR system in significant events continues to be tracked and the frequency of such utilization increased noticeably in the second half of the year, likely as staff became more familiar with the system and related processes.

The Sheriff’s Office maintains continual training since the implementation of the ALPR system, refining administration, data collection, and deputies daily usage of the network. Focused training still remains a top priority as a measure of ensuring the system continues to be a productive law enforcement tool, with the goal of deterring, reducing, and solving crime.

Attachment 7

In conclusion, it is my opinion that the ALPR system is a great resource that has already assisted the Sheriff’s Office in solving crimes, arresting criminals, locating stolen and wanted vehicles, and finding missing persons.

We understand that the system will not eliminate all crime, especially during a year where many cities saw an increase in property crimes. However, the ALPR system has already proven valuable in numerous investigations.

Previous division commander, Captain Rich Urena, and I, recommend the Town continue to employ the ALPR system to continue providing this valuable tool. We are fortunate to have strong support from the Town and community in our efforts to stop crime and hold those that victimize residents accountable.

I thank you, the Town Council, and the residents of Los Altos Hills for allowing us to be part of your community.

Sincerely,
Captain Neil Valenzuela #1841
Office of the Sheriff, Santa Clara County
West Valley Patrol Division Commander
Attachments:

Sheriff Evaluation Spreadsheet
Residential Burglary Data Graphs
List of Major Events
Crime Variance Index

From: Stacey Newman
To: Deborah Padovan; City Council
Subject: Relevant to the ALPR Discussion at Thursday’s Meeting Date: Monday, February 13, 2023 10:25:56 AM
Hi Deborah,
Hope you are doing well. My two cents before Thursday’s meeting follows.

My house was broken into on Saturday 2/04/23, Office of the Sheriff event number 23-035-0272L. My neighbor was able to provide me his Wyze video footage of the burglar’s get-away car which I forwarded to the Sheriff’s office. Detective Vega was able to identify the type of vehicle and see the exact time the car passed the ALPR on our street corner.

When talking with Detective Vega at the Sheriff’s office, I got the sense that the Sheriff’s office had not reviewed the ALPR footage before I phoned them (three days after the break-in). I told the Detective the exact time the car passed the ALPR. Using that info, the Sherriff’s office was able to see that this same car drove on LaCresta and on Purissima that same night. Unfortunately this car did not have a rear license plate.

I believe that ALPR’s have value even when there is no license plate. The Sheriff’s office should use the ALPR more than they apparently do. I’d hope they would look at the footage in real time. If the Sheriff’s office sees a car driving around multiple streets (especially at dusk) without a rear license plate, this is likely something to look into.

Thank you for reading this email,
Stacey Newman
Supplemental No. 1
AGENDA ITEM #5.A
Distributed 2/13/23

From: anand ranganathan
To: City Council
Subject: ALPR camera renewal
Date: Monday, February 13, 2023 3:57:34 PM
Dear City Council,
I am writing regarding the renewal of the ALPR contract that is on your agenda at your next meeting.

As predicted by me when this was first discussed, these cameras do nothing to lower the burglary rate anywhere. This has now been proven to us via an expensive experiment. If anything, the burglary rate went up much more than other jurisdictions that don't have these cameras installed. Far from being deterrents, they appear to be magnets for crime.

When arguments were presented for their adoption we were told stories of tying our shoelaces while our neighbors didn't so that burglars would flock to our neighbor's cities and leave us alone. Those arguments lie comprehensively disproven.

Other arguments claimed that if they apprehended even one burglar in town they would have been well worth it. The report states that even this extremely low bar has not been crossed.

What we have done however, is hand over all our residents' and visitors' movements to a third party, with no clue as to how and with whom they have been shared. Our contract called for audits of the data sharing, I see no such audit attached to the report.

The sheriff's office would like you to renew the contract since they are improving their case closure rate. If that is all they would achieve, perhaps the sheriff's office would help to pay for them. If not, perhaps that would be an indication that they are not as valuable to the sheriff's office as they claim.

Finally, you are told that the cameras are worth it since they show that the town is serious about combating crime. May I make a modest proposal: Rip the innards of the cameras out and cancel the contracts. Dummy cameras will work just as well as the ones we have now, and save us a ton of money.

Thanks
Anand Ranganathan
Supplemental No. 2
AGENDA ITEM #5.A
Distributed 2/13/23

From:

To: City Council
Cc: Deborah Padovan
Subject: 2023 ALPR Renewal: Observations and Recommendations Date: Tuesday, February 14, 2023 3:54:17 PM
Respected City Council Members,
Thank you for your consideration in extending the use of ALPRs in our town.

The ALPR system was fully deployed on March 1, 2022.

The system incorporates privacy protections and avoids racial profiling by only taking photos of vehicle rears (no personally identifiable information).

Information is retained for no more than 30 days (unless required due to an ongoing investigation).

In addition, residents have the option of opting out, should they so desire.

My original presentation on the ALPR system can be found here.

I would like to thank Town Staff (especially Cody Einfalt), the City Manager and the Sheriff for their help in contributing to the Staff Report to City Council.

In 2022, Los Altos Hills has seen a disturbing disproportionate increase in burglaries, even with the deployment of ALPRs.

Los
Altos
Hills
Cupertino Saratoga Atherton Portola
Valley
2021 Burglaries 22 79 56 45 0
2022 Burglaries 51 85 75 16 5
% change +132% +8% +34% -64% N.A.
# homes in town 3,461 21,753 11,486 2,549 1,901
Burglaries/1000
homes (2022)

14.7 3.9 6.5 6.3 2.6
As the Sheriff has noted, the ALPR system has solved some crimes and resulted in arrests.

As noted also, the ALPR system has not helped solve any burglaries.

One of the primary functions of the ALPR system is to serve as a deterrent.

Given the deterrent effect of ALPRs, it is plausible that the numbers would be even higher if ALPRs were not deployed.

It's hard to measure what didn't happen. How many burglaries were avoided due to ALPRs? Just like how many were avoided by your home security system sign, your gate, or your dog, we'll never know.

Removing ALPRs when our burglary rates are skyrocketing is akin to ripping out your home alarm system after your home got burglarized.

The ALPR system results in an annual expense of $100K, which works out to $28/household/year, a nominal sum.

It is my (unconfirmed) belief that the Sheriff has been using the ALPR system primarily as a notification system, to identify stolen plates as they come into town.

Based on anecdotal data (see letter by Stacey Newman, and comment from Lizzie Roberts below), it is my Supplemental No. 3
AGENDA ITEM #5.A
Distributed 2/14/23

conjecture that Sheriff personnel may be reluctant to access the ALPR system to solve burglaries. My cursory review of the Sheriff's data suggests that 3 of the 51 burglaries in 2022 were solved (all 3 were committed by a single known person at the same residence). To the best of my knowledge, most (or all) of the remaining 48 burglaries remain unsolved -- with or without the help of ALPRs.

It would be helpful to understand the Sheriff's process for following up and investigating burglaries.

There are currently two holes in the ALPR system, which I suggest the Town forward to Flock with a request to fix:

1. Problem: Vehicles with missing license plates are not flagged by the ALPRs.

Background: As of Jan 1, 2019, all verhicles in California are required to have license plates (possibly temporary plates).

Therefore a vehicle with no license plate is in violation of the law.

A recent burglary in town was traced to a vehicle with no license plates.

The Sheriff should treat missing license plates the same way they would treat stolen license plates.

Recommendation: Vehicles with NO license plates should be immediately flagged by Flock to law enforcement via a notification.

Law enforcement should investigate promptly.

2. Problem: Freshly stolen license plates are not flagged.

Background: The Sheriff reports that crooks often defeat the ALPRs by using freshly stolen license plates (which are not yet in the stolen plate database).

However, today anyone can go to vinfreecheck.com , enter a license plate & state and identify the vehicle make and model associated with it.

So Flock *could* implement a feature to identify mismatched license plates and promptly notify law enforcement.

Recommendation: Vehicles with MISMATCHED license plates should be immediately flagged by Flock to law enforcement via a notification.

This would largely eliminate the problem of stolen plates being used to commit crimes within town.

A 3rd issue is that law enforcement may not be using the system optimally due to a combination of system familiarity, training, and usability.

It would be helpful to work in partnership with the ALPR vendor (Flock) to make system queries more efficient and more targeted around a given location.

Indeed, at its last meeting, the Technology Committee unanimously approved the following resolution:
"The Technology Committee requests that Flock Safety add a screening capability to match registered license plates with the make of the car and notify law enforcement if there is a mismatch. Also, add a data reduction capability to reduce the burden on the Sheriff’s office for processing ALPR data." The evaluation plan for ALPRs was developed by the Technology Committee.

However, that committee has not yet had an opportunity to review the report by Town Staff. I request that the Council:
a) Renew the ALPR contract as supported by the Sheriff and Town Staff b) Request Flock to implement the new features and make system access more efficient with training/improved features.
c) Direct Town Staff, the Sheriff, and the Technology Committee to work jointly to maximize the utility of ALPRs to improve town safety
d) Review current staffing levels of law enforcement in our town Respectfully,
Rajiv Bhateja
La Cresta Drive
====================================================================== Posts from Nextdoor:
------------------------------------------------------------

https://nextdoor.com/p/zf_LqqYbGBm-/c/898340976?init_source=search&query=ALPR Lizzie Roberts
• Los Altos Hills-Zone 46
"I hope you notified the sheriff or Los Altos Police. The deputy that responded to our stolen mail last year was terrible. We are 20 yards away from an ALPR, and we had an exact time and video (form our own security camera), and the deputy tried to tell us using the ALPR for that was not the proper use of the ALPR. " ------------------------------------------------------------ https://nextdoor.com/agency-detail/ca/santa-clara-county/santa-clara-county-sheriff/?is=detail_author Santa Clara County Sheriff
Melanie McGuire • 9 Sep
...
"Knowing when the crime occurred, and a smaller window of criminal opportunity helps detectives utilize the automated license plate reader (ALPR) cameras. In one case, because there was relative certainty as to when the crime occurred, detectives were able to use these cameras and track down the vehicle used by suspects to get to the residence they burglarized."
...
https://nextdoor.com/agency-detail/ca/santa-clara-county/santa-clara-county-sheriff/?is=detail_author ------------------------------------------------------------ https://nextdoor.com/p/Tg66rqSxTpz_?view=detail&init_source=search&query=ALPR Robby McCullough
Manuella-Miranda/Zones 33-34 • 3 Feb 22 •
Just had a long conversation with one of our local sheriffs after they visited our home to return mail that was stolen! Apparently, the ALPR (automatic license plate reader) system that was recently installed in LAH is just starting to come online. The sheriff I spoke to told me they have already made multiple arrests thanks to the ALPRs.

The sheriffs have been able to access ALPR data to further their investigations, and they have been alerted in realtime when stolen vehicles entered our town.

I was against the idea of having automatic license plate readers installed, and I was vocal about that here on NextDoor. I want to apologize and confess that I was wrong in thinking the system wouldn't be effective. It _is_ working and it prevented my family from being further victimized.

Big thanks to our local sheriffs for their investigative work and presence. I will be installing a locking mailbox on their recommendation. Also, thanks to our neighbors who pushed to make the ALPR systems happen despite the pushback.
------------------------------------------------------------

From: RD Melen
To: City Council; Deborah Padovan
Subject: ALPR contract renewal
Date: Tuesday, February 14, 2023 10:17:19 PM
Some people who received this message don't often get email from . Learn why this is important
I like many have serious concerns about the huge increase burglaries and I want to ensure that the ALPR system is being utilized properly,
Most importantly I would like the Council to act to reduce burglaries in town and a as first step renew the ALPR contract.
--
Roger Melen
cell
Supplemental No. 4
AGENDA ITEM #5.A
Distributed 2/15/23

From:

To: City Council
Cc: Deborah Padovan
Subject: FW: City Council Discussion on ALPRs this Thursday, Feb 16, 2023 Date: Wednesday, February 15, 2023 8:07:00 AM
Some people who received this message don't often get email from Learn why this is important
I fully support the recommendations outlined in the email below. And some specific comments about the comparison with other cities as listed in the table below:

1. Every city had an increase in burglaries except Atherton.

2. The percentage increase in burglaries is not that meaningful unless you see a multi-year trend. The total number of burglaries in the five cities increased from 202 to 232. The distribution of burglaries across the cities is somewhat “random”. I say this because the number of burglars is somewhat “limited” and which cities get targeted by them (especially by international/Chilean gangs) and where they find opportunities can change from year to year.

On the issue of investigating burglaries, I have heard that this is a LOW priority for police departments unless it’s a robbery. If so, we should impress upon the sheriff’s office to improve their performance on solving cases and making arrests.

Thank you.

Harjit Sabharwal
Oak Park Ct, LAH
From: Rajiv Bhateja
Sent: Tuesday, February 14, 2023 10:04 PM
To: Rajiv Bhateja
Subject: City Council Discussion on ALPRs this Thursday, Feb 16, 2023 Hello Noble ALPR Supporters,
This Thursday, the LAH City Council will be voting on whether or not to extend the ALPR contract for another year at the cost of $100K (around $28/household).

Unfortunately, our burglary numbers are sharply higher, which is unacceptable.

I wish we had better news but we do not.

Please read my email to the City Council below for my take on the situation and recommendations on how to move forward.

Am also in conversation with the Sheriff's office, Flock (our ALPR vendor), and others about how best to address our concerns.

If you can, please send a short email to the Council [email protected] , and copy Supplemental No. 8
AGENDA ITEM #5.A
Distributed 2/15/23

Deborah Padovan, [email protected] .

I suggest a brief note (in your own words) expressing that you:
a) have serious concerns about the huge spike in burglaries b) want to ensure that the ALPR system is being utilized properly (see recommendations in the email below), and
c) would like the Council to take strong, effective steps soon to reduce burglaries in town Please send in your email by tomorrow (Wednesday, Feb. 15) evening at the latest so it makes it online.

You can also see the presentation I plan to deliver to the Council on Thursday evening.

Thanks for your support in working to make the town safer.

Rajiv
---------- Forwarded message ---------
From: Rajiv Bhateja <
Date: Tue, Feb 14, 2023 at 3:53 PM
Subject: 2023 ALPR Renewal: Observations and Recommendations To: <[email protected]>
Cc: Deborah Padovan <[email protected]>
Respected City Council Members,
Thank you for your consideration in extending the use of ALPRs in our town.

The ALPR system was fully deployed on March 1, 2022.

The system incorporates privacy protections and avoids racial profiling by only taking photos of vehicle rears (no personally identifiable information).

Information is retained for no more than 30 days (unless required due to an ongoing investigation).

In addition, residents have the option of opting out, should they so desire.

My original presentation on the ALPR system can be found here.

I would like to thank Town Staff (especially Cody Einfalt), the City Manager and the Sheriff for their help in contributing to the Staff Report to City Council.

In 2022, Los Altos Hills has seen a disturbing disproportionate increase in burglaries, even with the deployment of ALPRs.

Los Cupertino Saratoga Atherton Portola

Altos
Hills
Valley
2021 Burglaries 22 79 56 45 0
2022 Burglaries 51 85 75 16 5
% change +132% +8% +34% -64% N.A.
# homes in town 3,461 21,753 11,486 2,549 1,901
Burglaries/1000
homes (2022)

14.7 3.9 6.5 6.3 2.6
As the Sheriff has noted, the ALPR system has solved some crimes and resulted in arrests.

As noted also, the ALPR system has not helped solve any burglaries.

One of the primary functions of the ALPR system is to serve as a deterrent.

Given the deterrent effect of ALPRs, it is plausible that the numbers would be even higher if ALPRs were not deployed.

It's hard to measure what didn't happen. How many burglaries were avoided due to ALPRs? Just like how many were avoided by your home security system sign, your gate, or your dog, we'll never know.

Removing ALPRs when our burglary rates are skyrocketing is akin to ripping out your home alarm system after your home got burglarized.

The ALPR system results in an annual expense of $100K, which works out to $28/household/year, a nominal sum.

It is my (unconfirmed) belief that the Sheriff has been using the ALPR system primarily as a notification system, to identify stolen plates as they come into town.

Based on anecdotal data (see letter by Stacey Newman, and comment from Lizzie Roberts below), it is my conjecture that Sheriff personnel may be reluctant to access the ALPR system to solve burglaries. My cursory review of the Sheriff's data suggests that 3 of the 51 burglaries in 2022 were solved (all 3 were committed by a single known person at the same residence).

To the best of my knowledge, most (or all) of the remaining 48 burglaries remain unsolved -- with or without the help of ALPRs.

It would be helpful to understand the Sheriff's process for following up and investigating burglaries.

There are currently two holes in the ALPR system, which I suggest the Town forward to Flock with a request to fix:

1. Problem: Vehicles with missing license plates are not flagged by the ALPRs.

Background: As of Jan 1, 2019, all verhicles in California are required to have license plates

(possibly temporary plates).

Therefore a vehicle with no license plate is in violation of the law.

A recent burglary in town was traced to a vehicle with no license plates.

The Sheriff should treat missing license plates the same way they would treat stolen license plates.

Recommendation: Vehicles with NO license plates should be immediately flagged by Flock to law enforcement via a notification.

Law enforcement should investigate promptly.

2. Problem: Freshly stolen license plates are not flagged.

Background: The Sheriff reports that crooks often defeat the ALPRs by using freshly stolen license plates (which are not yet in the stolen plate database).

However, today anyone can go to vinfreecheck.com , enter a license plate & state and identify the vehicle make and model associated with it.

So Flock *could* implement a feature to identify mismatched license plates and promptly notify law enforcement.

Recommendation: Vehicles with MISMATCHED license plates should be immediately flagged by Flock to law enforcement via a notification.

This would largely eliminate the problem of stolen plates being used to commit crimes within town.

A 3rd issue is that law enforcement may not be using the system optimally due to a combination of system familiarity, training, and usability.

It would be helpful to work in partnership with the ALPR vendor (Flock) to make system queries more efficient and more targeted around a given location.

Indeed, at its last meeting, the Technology Committee unanimously approved the following resolution:
"The Technology Committee requests that Flock Safety add a screening capability to match registered license plates with the make of the car and notify law enforcement if there is a mismatch. Also, add a data reduction capability to reduce the burden on the Sheriff’s office for processing ALPR data."
The evaluation plan for ALPRs was developed by the Technology Committee.

However, that committee has not yet had an opportunity to review the report by Town Staff. I request that the Council:
a) Renew the ALPR contract as supported by the Sheriff and Town Staff b) Request Flock to implement the new features and make system access more efficient with training/improved features.
c) Direct Town Staff, the Sheriff, and the Technology Committee to work jointly to maximize the utility of ALPRs to improve town safety

d) Review current staffing levels of law enforcement in our town Respectfully,
Rajiv Bhateja
La Cresta Drive
====================================================================== Posts from Nextdoor:
------------------------------------------------------------ https://nextdoor.com/p/zf_LqqYbGBm-/c/898340976?init_source=search&query=ALPR Lizzie Roberts
• Los Altos Hills-Zone 46
"I hope you notified the sheriff or Los Altos Police. The deputy that responded to our stolen mail last year was terrible. We are 20 yards away from an ALPR, and we had an exact time and video (form our own security camera), and the deputy tried to tell us using the ALPR for that was not the proper use of the ALPR. "
------------------------------------------------------------ https://nextdoor.com/agency-detail/ca/santa-clara-county/santa-clara-county-sheriff/? is=detail_author
Santa Clara County Sheriff
Melanie McGuire • 9 Sep
...
"Knowing when the crime occurred, and a smaller window of criminal opportunity helps detectives utilize the automated license plate reader (ALPR) cameras. In one case, because there was relative certainty as to when the crime occurred, detectives were able to use these cameras and track down the vehicle used by suspects to get to the residence they burglarized."
...
https://nextdoor.com/agency-detail/ca/santa-clara-county/santa-clara-county-sheriff/? is=detail_author
------------------------------------------------------------ https://nextdoor.com/p/Tg66rqSxTpz_?view=detail&init_source=search&query=ALPR Robby McCullough
Manuella-Miranda/Zones 33-34 • 3 Feb 22 •
Just had a long conversation with one of our local sheriffs after they visited our home to return mail that was stolen!
Apparently, the ALPR (automatic license plate reader) system that was recently installed in LAH is just starting to come online. The sheriff I spoke to told me they have already made multiple arrests thanks to the ALPRs.

The sheriffs have been able to access ALPR data to further their investigations, and they have been alerted in real-time when stolen vehicles entered our town.

I was against the idea of having automatic license plate readers installed, and I was vocal about that here on NextDoor. I want to apologize and confess that I was wrong in thinking the system wouldn't be effective. It _is_ working and it prevented my family from being further victimized.

Big thanks to our local sheriffs for their investigative work and presence. I will be installing a locking mailbox on their recommendation. Also, thanks to our neighbors who pushed to make the ALPR systems happen despite the pushback.
------------------------------------------------------------

From:

To: Deborah Padovan; City Council
Subject: City Council Discussion on ALPRs this Thursday, Feb 16, 2023 Date: Wednesday, February 15, 2023 9:19:18 AM
Honorable Council members;
I am a resident of lower Page Mill Road. Due to two serious burglaries that occurred very recently at homes of my immediate neighbors, and one within a 1/4 mile of our home in the last 3 months, I am extremely concerned with this safety issue in our neighborhood that could very well result in a loss of life, not just property.

The trend that Rajiv Bhateja has documented in his e-mail to the Council is truly disconcerting. With this safety problem facing our Town, I would think pulling all the stops to close the safety gaps is an extremely urgent order of business for Council, the Staff and the our Sheriff's Department.

The ALPR renewal event present an opportunity to expand the effort to address this problem in its entirety, not to simply ask whether or not we should renew the contract ( I hope the answer to the renewal question is loud and clear YES)
I conclude by respectfully requesting that the Town’s governing body and law enforcement treat this huge problem with seriousness it deserves.

Jim Basiji
---------- Forwarded message ---------
From: Rajiv Bhateja
Date: Tue, Feb 14, 2023 at 3:53 PM
Subject: 2023 ALPR Renewal: Observations and Recommendations To: <[email protected]>
Cc: Deborah Padovan <[email protected]>
Respected City Council Members,
Thank you for your consideration in extending the use of ALPRs in our town.

The ALPR system was fully deployed on March 1, 2022.

The system incorporates privacy protections and avoids racial profiling by only taking photos of vehicle rears (no personally identifiable information).

Information is retained for no more than 30 days (unless required due to an ongoing investigation).

In addition, residents have the option of opting out, should they so desire.

My original presentation on the ALPR system can be found here.

I would like to thank Town Staff (especially Cody Einfalt), the City Manager and the Sheriff for their help in contributing to the Staff Report to City Council.

In 2022, Los Altos Hills has seen a disturbing disproportionate increase in burglaries, even with the deployment of ALPRs.

Los
Altos
Cupertino Saratoga Atherton Portola
Valley
Supplemental No. 11
AGENDA ITEM #5.A
Distributed 2/15/23

Hills
2021 Burglaries 22 79 56 45 0
2022 Burglaries 51 85 75 16 5
% change +132% +8% +34% -64% N.A.
# homes in town 3,461 21,753 11,486 2,549 1,901
Burglaries/1000
homes (2022)

14.7 3.9 6.5 6.3 2.6
As the Sheriff has noted, the ALPR system has solved some crimes and resulted in arrests.

As noted also, the ALPR system has not helped solve any burglaries.

One of the primary functions of the ALPR system is to serve as a deterrent.

Given the deterrent effect of ALPRs, it is plausible that the numbers would be even higher if ALPRs were not deployed.

It's hard to measure what didn't happen. How many burglaries were avoided due to ALPRs? Just like how many were avoided by your home security system sign, your gate, or your dog, we'll never know.

Removing ALPRs when our burglary rates are skyrocketing is akin to ripping out your home alarm system after your home got burglarized.

The ALPR system results in an annual expense of $100K, which works out to $28/household/year, a nominal sum.

It is my (unconfirmed) belief that the Sheriff has been using the ALPR system primarily as a notification system, to identify stolen plates as they come into town.

Based on anecdotal data (see letter by Stacey Newman, and comment from Lizzie Roberts below), it is my conjecture that Sheriff personnel may be reluctant to access the ALPR system to solve burglaries. My cursory review of the Sheriff's data suggests that 3 of the 51 burglaries in 2022 were solved (all 3 were committed by a single known person at the same residence). To the best of my knowledge, most (or all) of the remaining 48 burglaries remain unsolved -- with or without the help of ALPRs.

It would be helpful to understand the Sheriff's process for following up and investigating burglaries.

There are currently two holes in the ALPR system, which I suggest the Town forward to Flock with a request to fix:

1. Problem: Vehicles with missing license plates are not flagged by the ALPRs.

Background: As of Jan 1, 2019, all verhicles in California are required to have license plates (possibly temporary plates).

Therefore a vehicle with no license plate is in violation of the law.

A recent burglary in town was traced to a vehicle with no license plates.

The Sheriff should treat missing license plates the same way they would treat stolen license plates.

Recommendation: Vehicles with NO license plates should be immediately flagged by Flock to law enforcement via a notification.

Law enforcement should investigate promptly.

2. Problem: Freshly stolen license plates are not flagged.

Background: The Sheriff reports that crooks often defeat the ALPRs by using freshly stolen license plates (which are not yet in the stolen plate database).

However, today anyone can go to vinfreecheck.com , enter a license plate & state and identify the vehicle make and model associated with it.

So Flock *could* implement a feature to identify mismatched license plates and promptly notify law enforcement.

Recommendation: Vehicles with MISMATCHED license plates should be immediately flagged by Flock to law

enforcement via a notification.

This would largely eliminate the problem of stolen plates being used to commit crimes within town.

A 3rd issue is that law enforcement may not be using the system optimally due to a combination of system familiarity, training, and usability.

It would be helpful to work in partnership with the ALPR vendor (Flock) to make system queries more efficient and more targeted around a given location.

Indeed, at its last meeting, the Technology Committee unanimously approved the following resolution:
"The Technology Committee requests that Flock Safety add a screening capability to match registered license plates with the make of the car and notify law enforcement if there is a mismatch. Also, add a data reduction capability to reduce the burden on the Sheriff’s office for processing ALPR data." The evaluation plan for ALPRs was developed by the Technology Committee.

However, that committee has not yet had an opportunity to review the report by Town Staff. I request that the Council:
a) Renew the ALPR contract as supported by the Sheriff and Town Staff b) Request Flock to implement the new features and make system access more efficient with training/improved features.
c) Direct Town Staff, the Sheriff, and the Technology Committee to work jointly to maximize the utility of ALPRs to improve town safety
d) Review current staffing levels of law enforcement in our town Respectfully,
Rajiv Bhateja
La Cresta Drive
====================================================================== Posts from Nextdoor:
------------------------------------------------------------ https://nextdoor.com/p/zf_LqqYbGBm-/c/898340976?init_source=search&query=ALPR Lizzie Roberts
• Los Altos Hills-Zone 46
"I hope you notified the sheriff or Los Altos Police. The deputy that responded to our stolen mail last year was terrible. We are 20 yards away from an ALPR, and we had an exact time and video (form our own security camera), and the deputy tried to tell us using the ALPR for that was not the proper use of the ALPR. " ------------------------------------------------------------ https://nextdoor.com/agency-detail/ca/santa-clara-county/santa-clara-county-sheriff/?is=detail_author Santa Clara County Sheriff
Melanie McGuire • 9 Sep
...
"Knowing when the crime occurred, and a smaller window of criminal opportunity helps detectives utilize the automated license plate reader (ALPR) cameras. In one case, because there was relative certainty as to when the crime occurred, detectives were able to use these cameras and track down the vehicle used by suspects to get to the residence they burglarized."
...
https://nextdoor.com/agency-detail/ca/santa-clara-county/santa-clara-county-sheriff/?is=detail_author ------------------------------------------------------------ https://nextdoor.com/p/Tg66rqSxTpz_?view=detail&init_source=search&query=ALPR Robby McCullough
Manuella-Miranda/Zones 33-34 • 3 Feb 22 •
Just had a long conversation with one of our local sheriffs after they visited our home to return mail that was stolen! Apparently, the ALPR (automatic license plate reader) system that was recently installed in LAH is just starting to come online. The sheriff I spoke to told me they have already made multiple arrests thanks to the ALPRs.

The sheriffs have been able to access ALPR data to further their investigations, and they have been alerted in realtime when stolen vehicles entered our town.

I was against the idea of having automatic license plate readers installed, and I was vocal about that here on NextDoor. I want to apologize and confess that I was wrong in thinking the system wouldn't be effective. It _is_ working and it prevented my family from being further victimized.

Big thanks to our local sheriffs for their investigative work and presence. I will be installing a locking mailbox on their recommendation. Also, thanks to our neighbors who pushed to make the ALPR systems happen despite the pushback.
------------------------------------------------------------

From:

To:

Subject:

Date:

Jennifer Basiji
Deborah Padovan: City Council
ALPRs
Wednesday, February 15, 2023 9:55:59 AM
I Some people who received this message don't often get email from 1mportaot
Hello to all our hard working council members!
Supplemental No. 14
AGENDA ITEM #5.A
Disti·ibuted 2/15/23
. I earo why this is
I really enjoy knowing we have a small system of ALPRs in our Town, and believe them to be helpful.

While the system cannot guarantee preventing break ins .... (our immediate neighbor was broken into the week before last, and others in our vicinity have also been violated), more cameras and a continuing of this system should be the way to go fo1ward as a means to collecting more data and hopefully catching more criminals.

Please work together to optimize and keep this system.

Thank you for all you do for our community.

Jennifer Basiji

From: Vara Ramakrishnan
To: Deborah Padovan; City Council
Subject: Continue & Improve ALPRs
Date: Wednesday, February 15, 2023 9:46:01 AM
Dear city council,
I breaks my heart to know that 51 LAH families were violated and victimized by burglaries last year, in the same way that we were on Christmas 2020.

Over two years since the burglary, my family still suffers traumatic flashbacks when we return home after dark or from trips away. Our home isn’t a safe haven any more, and it may never be again.

Please make it a priority to ensure that the ALPR contract is renewed, and that the Sheriff’s department uses ALPR data promptly to prevent and solve crimes in our town. Most criminals are repeat offenders, so a single arrest can save many future victims.

Thanks,
Vara
Los Altos Hills
Supplemental No. 13
AGENDA ITEM #5.A
Distributed 2/15/23

From:

To: City Council
Cc: Deborah Padovan
Subject: Spike in burglaries and ALPR system
Date: Wednesday, February 15, 2023 10:56:20 AM
You don't often get email from . Learn why this is important Hello!
I'd like to share my deep concerns about the recent significant spike in Los Altos Hills burglaries. We now hear about them happening
all around us on a much more frequent basis than ever before. We find ourselves turning on our security system every single time we
leave the house, even if it's for a short walk around the neighborhood. This is very sad! I request you to take strong measures to reduce burglaries immediately.

I want to ensure that the ALPR system continues to be used in LAH as a deterrent to future crime.

I completely support the efforts of our advocate Rajiv Bhateja and strongly encourage you to follow his recommendations regarding
the vehicles without and with mismatched license plates.

Thanks you for your attention to this very important matter that affects our quality of life.

Kira
Supplemental No. 16
AGENDA ITEM #5.A
Distributed 2/15/23

From:

To: City Council
Cc: [email protected].

Subject: Burglaries in Los Altos Hills and the ALPR System Date: Wednesday, February 15, 2023 11:07:45 AM
Some people who received this message don't often get email from . Learn why this is important
My wife and I have lived in Los Altos Hills for over 30 years. During that period, we have been burglarized twice and had our locked mailbox broken into at least twice. We have cameras and an alarm system, but the police arrived long after they left. The police did catch the 3 robbers in one of the burglaries because of our camera system. Nothing that was stolen was recovered but my wife was within 8 minutes of walking into our home while they were still there.

I am very concerned about the increase in burglaries in our town.

The town needs to take whatever steps are necessary to reduce this crime. One of the steps would be to make sure the ALPR System is used properly. I believe that this system is a deterrent for criminals.

Thanks for listening to my concerns.

Donald Druyanoff
Supplemental No. 17
AGENDA ITEM #5.A
Distributed 2/15/23

From: Wan Chan
To: City Council
Cc: Deborah Padovan; BCC - Rajiv Bhateja
Subject: Please vote for the continued deployment of ALPRs for our town Date: Wednesday, February 15, 2023 12:02:49 PM
Dear LAH City Council Members:

We have lived in LAH since 1983. In 2015 our house and two other houses on our Black Mountain Road were burglarized in the same afternoon, a few days after President Obama visited another house on the same street.

We are seriously concerned about the large spike in burglaries in our town in 2022.

We understand the number of burglaries would be much larger if our town had not installed ALPRs last year. These ALPRs have already led to the arrest of some burglars.

We believe these ALPRs would be even more effective if properly utilized as recommended by Dr. Rajiv Bhateja.

We strongly urge you to vote for the continued deployment of ALPRs, especially since it would only cost $28 per family per year.

We would deeply appreciate any additional steps you will take to reduce the number of burglaries in our town.

Respectfully,
Wan & Yoke Chan
Supplemental No. 18
AGENDA ITEM #5.A
Distributed 2/15/23

From: shyamoli banerjee
To: City Council
Cc: Deborah Padovan
Subject: Burglaries in Los Altos Hills
Date: Wednesday, February 15, 2023 12:42:16 PM
Dear City Council members,
I am alarmed at the spike of burglaries in Los Altos Hills ( 51 vs 22). We are putting together a petition to LAH City Council to increase patrol cars in town, even if it means decreasing our budget in other areas. If we are not feeling safe in our homes, no number of parks, better roads or schools can increase our quality of life. It all begins at feeling safe in our homes.

In this current situation, continuing with the FLOCK program is essential. We want to add measures to increase our safety, not decrease them. Per Rajiv Bhateja's analysis, it costs $28/person to continue with the ALPRs. I think we all agree it is a small price to pay to keep burglars out of our town.

Best regards,
Shyamoli Banerjee & Ajay Chopra.

Supplemental No. 20
AGENDA ITEM #5.A
Distributed 2/15/23

From: Matt Murphy
To: Lisa Schmidt; Helen Lin-Murphy; City Council; Deborah Padovan Subject: Re: Burglaries
Date: Wednesday, February 15, 2023 3:18:21 PM
I couldn’t agree more. we can name >5 people within a mile of us who have been robbed and they basically felt like sitting ducks because they know the police can’t get there even if the alarm goes off. the low threat of getting caught exacerbates the problem, as it encourages robbers to do it more, and more here vs say Atherton which has faster response times. I fear we will increasingly be targeted as the low to no risk neighborhood to break into.

The majority of these breakins seem to happen between 6 and 8pm. Perhaps the town can pay for either an extra private security team, or pay Santa Clara overtime to get more attention, OR even better create our own town policy force. The latter may likely be a bigger and longer term decision, but we must do something. the level of fear and anxiety in the neighborhood is not something we should all be feeling given the size of our tax base and what kind of services the town should provide. That tax base continues to go up with all the new home builds and yet our police response seems steady state. Is there not a way to appropriate funds to a security team for example that would patrol the neighborhood and at least scare off burglars with their presence. They could look out for strange cars sitting idle or circling and call the police if anything warrants it.

What I do know is we have a beautiful neighborhood, with a very strong tax base, and not a neighborhood where home values should be compromised by this, but mainly not a neighborhood where residents leave their house feeling its just a matter of time until they are robbed. Something more than what we have now has to be done!
Thanks for the attention to the matter. -Matt Murphy
From: Lisa Schmidt <[email protected]>
Date: Wednesday, February 15, 2023 at 3:13 PM
To: Helen Lin-Murphy >, Matt Murphy City
Council <[email protected]>
Subject: Re: Burglaries
Thank you, Helen and Matt for your message.

Lisa
From: Helen Lin-Murphy
Sent: Wednesday, February 15, 2023 3:00 PM
To: Matt Murphy ; City Council <[email protected]>; Deborah Padovan <[email protected]>
Subject: Burglaries
Supplemental No. 23
AGENDA ITEM #5.A
Distributed 2/15/23

From:

To: City Council
Cc: Deborah Padovan
Subject: Burglaries in Los Altos Hills
Date: Wednesday, February 15, 2023 5:51:55 PM
You don't often get email from . Learn why this is important Hello Council Members and Honorable Mayor
My wife and I have lived in Los Altos Hills since 1986 and we have been very happy. It was very peaceful and we had a safe environment until a few years ago.

A few years ago my friend who also lived in Los Altos Hills was approached by 2 people at his door who said that they were there to do repairs that he had requested. My friend said he had not requested any repairs and tried to close the door. (He was living alone in the house) The 2 men pushed him and got in the house and beat him up repeatedly asking where his safe was. They took the safe, and other belongings and left him unconscious. His daughter who was also a Los Altos Hills resident was worried because she had not heard from him, so she decided to go visit him. She found him in and admitted him in a hospital. He died after a few months after returning from the hospital.

We are seriously concerned about the huge spikes in burglaries in Los Altos Hills, and we know the Council and the Sherriff’s Department doing all they can to reduce these burglaries.

We should continue to effectively utilize ALPR system, and maybe even expand the coverage. These days burglars are smart and figure ways to bypass surveillance systems.

We should sign up for additional options to ALPR that will provide needed information to Sherriff’s Department.

As senior citizens we are also very much concerned about our safety and being assaulted in our own homes.

We sincerely hope that Council Members and the Mayor will continue to extend the Contract for use of ALPR system and maybe add options that will enhance reprehension of burglars.

Sincerely,
Ramchand Nagpal
Supplemental No. 25
AGENDA ITEM #5.A
Distributed 2/16/23

From: allan epstein
To: Deborah Padovan
Subject: City Council Agenda February 16, 2023
Date: Thursday, February 16, 2023 10:38:43 AM
Hi Deborah,
Please attach the following items as supplementals to today’s Council Agenda.

Thank you.

Best,
Allan
AGENDA ITEM 4.I: RESPONSE TO THE GRAND JURY FINAL REPORT ON FINANCIAL TRANSPARENCY NEEDED
The Civil Grand Jury Finding 1 is partially in error and the Town’s response should correct the record. LAH has consistently reported detailed monthly disbursements. It has not reported monthly receipts and fund balances.

AGENDA ITEM 4.V: Resolution Revising the Existing Tripepi Smith Agreement to Increase the not exceed amount to $50,000 for Media and Communication Services (Staff: P.

Pirnejad)
As of February 15, 2023, a staff report has not been provided. The original agreement has not been provided and it is unknown what services are being rendered, whether competitive bidding has taken place, and if additional appropriations are necessary. This item should be continued to a later council meeting where it can be properly considered by the Council and public.

AGENDA ITEM 5.A: RESOLUTION APPROVING THE ONE-YEAR REVIEW OF THE AUTOMATIC LICENSE

PLATE READER PILOT PROGRAM AND RECEIVING COUNCIL DIRECTION ON

CONTINUED USE OF THE SYSTEM IN TOWN
I support the recommendations made by Rajiv Bhateja contained in supplement number three, which includes renewal of the ALPR contract for another year. In addition, the Town should contact Atherton to understand why burglaries declined 64 percent from 2021 levels, and whether any of the reduction can be attributed to their installation of ALPR cameras.

The Town should also inquire with Atherton and other users of ALPR systems to learn best practices for utilizing the data provided to law enforcement. It also may be helpful to independently evaluate the APPR “hits” for a time to understand how the system could be made more effective.

AGENDA ITEM 6.A: RECEIVE 2022-23 MID-YEAR FINANCIAL REPORT AND ADOPT RESOLUTION

APPROVING THE MID-YEAR BUDGET AMENDMENTS

1. It is unclear as to what is intended by the statement, “As of December 31, 2022, the Town has healthy reserves and staff will make every effort to reduce the spending and stay within five percent of the budget.” This statement was not made at the FIC meeting. Does this mean that staff believes expenditures will exceed appropriations? Spending should not exceed appropriations and if staff believes it will, now is the time to explain why and increase appropriations to cover planned spending. Staff has included only a $1,000 increase in General Fund expenditures as part of the Mid-year Budget amendments.

2. The 37 percent year-to-year decline in License and Permit revenue (Building Fees) is due primarily to the Council approved elimination of the MEP (Mechanical, Electrical, Plumbing) Permit Fees because they were “captured in the Building Permit Fee”. It should be noted that despite this substantial revenue reduction, revenue still exceeded Building Department expenses. A full explanation is not provided for the 65 percent year-to-year reduction in Charges for Services (Planning and other Fees).

3. It is unclear if the additional appropriations/expenses included in this Council agenda are Supplemental No. 27
AGENDA ITEM #5.A
Distributed 2/16/23

included in the mid-year adjustment (Recruiting Fee, City Manager salary adjustment, Media and Communication Services)

4. With 60% of the year complete, one would expect the Mid-year Budget update to provide an overall indication of how the year is expected to end up relative to the original budget assumptions. Will the Town-wide Fund Balance decline by $2.5 million as projected in the FY’23 Budget? More? Less?

5. In FY’23, City Attorney Fees were budgeted to increase $211,000 or 60% from the prior year. Why is an additional $200,000 appropriation now required?

6. An explanation for the apparent $500,000 spending in excess of the year’s budget in Street Capital spending in the first half of the year would be useful.

7. Mid-year Capital Project Update. It appears many major projects will not be implemented in FY’23 as planned, and some have been completed having residual balances whose commitments should be removed and funds made available for other projects.

Overall, it looks like capital expenditures could be $2 million less than planned for the year.

AGENDA ITEM 7.A: RESOLUTION TO ADOPT REVISIONS TO THE FY 2022-23 PLANNING AND

BUILDING FEE SCHEDULE
No changes were made to the Building Department Fee Schedule. However, in October 2022 the Council changed the Building Fee policy to eliminate the charging of the MEP fee.

This clarification should be made in the fee schedule. It is unclear which projects are no longer being charged the MEP fee. Is it new residences, additions, remodels, or all projects? The failure to make clear when MEP Fees should be charged in the original fee schedule or in desk procedures is what caused the overcharging of Building Permit and Plan Review Fees between April 2020 and October 2022. Applicants should be able to understand how to fill out the forms and what they will be charged.

TOWN OF LOS ALTOS HILLS February 16, 2023
Staff Report to the City Council
SUBJECT: RECEIVE 2022-23 MID-YEAR FINANCIAL REPORT AND ADOPT

RESOLUTION APPROVING THE MID-YEAR BUDGET AMENDMENTS
FROM: Sarina Revillar, Administrative Services Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Receive 2022-23 Mid-Year Financial Reports and Adopt Resolution Approving the Mid-Year Budget Amendments.

BACKGROUND:

The purpose of mid-year financial update is to review the Town’s financial health through December 31, 2022 and identify any known risks that require immediate attention. Potential risks include economic downturn resulting in significant reduction in expected tax revenues or emergency spending which will result in a potential operating deficit by June 30, 2022. In such events, budget amendments would be required to reduce services and spending during the second half of the year or to utilize reserves to address potential operating deficit.

As part of the mid-year financial analysis, Staff compared the year-to-date actual to the 2022-23 budget and researched all spending to date more than 50 percent or less than 30 percent of the annual budget. This exercise is to identify significant deviation in revenues and expenditures from the annual budget that are outside of normal operations.

DISCUSSION:

As of December 31, 2022, the Town has healthy reserves and staff will make every effort to reduce the spending and stay within five percent of the budget.

GENERAL FUND
General Fund revenues have reached $6.3 million through mid-year, or 39% of budget. Property tax, license and permits, and charges for services are the Town’s major revenues which account for most of the General Fund revenues. Property tax is on track to meet budget. The Town received the last distribution of ARPA Funds in the amount of $1,007,480 in response to the pandemic.

Building activities in the first half of 2022-23, decreased by 51% and Planning activities have decreased by 79%. On October 20, 2022, City Council approved to stop charging MEP (Mechanical, Electrical, Plumbing) Permit Fees because they were captured in the Building Permit Fee. At MidYear, the Town received $847,181 for Building Plan Reviews and expensed $686,390, a full cost recovery. Charges for Services Revenue the Town received at Mid-Year was $337,000 and expensed AGENDA ITEM #6.A
S.R.

P.P.

Staff Report to City Council Page 2
FY2022-23 Mid-Year Report
February 16, 2023
in the same period Planning expenses of $931,000. The Planning expenses have never met 100% full cost recovery.

General Fund expenditures of $7.1 million or 47% of budget is expected to reduce spending and stay within 5% of the perspective budgets. The three main drivers for why total expenditures is 47% of budget and not closer to 50% are: reduced personnel costs when vacancies were filled, additional contract services, special events and recreation programs are normally conducted in the Spring/Summer timeframe. Attachment 2

SEWER FUND
Through mid-year, Sewer revenue receipts have not been received. The revenue doesn’t include the first installment of sewer assessment. The first installment of sewer assessment payments is received in January. Sewer operating expense totaled $478K, or 17% of budget. The receipt of sewer invoices for Palo Alto Treatment Plant and the Regional Water Treatment are received in January.

Overall, Sewer Fund is on track to meet revenue budget and to stay within the expense budget.

Attachment 2

Staff Report to City Council Page 3
FY2022-23 Mid-Year Report
February 16, 2023
In terms of capital spending, the sewer capital projects tend to be a 1.5-year project, where pre-design, design and contract award phases begin during the first fiscal year and majority of the construction begins in the beginning of the following fiscal year. During the design phase, the project scope is developed based on available budget the City Council earmarked. Attachment 3.

CAPITAL IMPROVEMENT PLAN
The 2022-23 Budget includes a one-year capital appropriation and the Five-Year Capital Improvement Plan. The capital project budget is intended to be appropriated for the life of the project and will not require re-appropriation at the end of each fiscal year. A status update on all capital improvement projects is available on Attachment 3.

BUDGET AMENDMENT
Through reviewing the financial status, Staff is recommending the following budget amendments:

1. Operating:
a. Reduce revenues for License & Permits and Charges for Services in the amount of $803,000 and $95,000 respectively to accurately reflect the forecasted revenue receipts. b. Reduce Community Development expenses by $269,000 for development review. c. Increase Community Development budget to account for Reach Codes in the amount of $70,000. On January 25, 2023, the City Council finalized their 2023 Work Plan and identified updating the Reach Codes as a priority.
d. Increase City Attorney Fees of $200,000.

2. Add $50,000 to the CIP fund for an AV Assessment for the City Council Chambers. Some of the AV equipment dates to 2014 and the most recent upgrade was in 2017.

SEWER FUNDS
(Fund 048 and 051)
2021-22
Budget
2021-22
Mid-Year
Actual
2021-22
Budget vs
Actual
2022-23
Amended
Budget
Actual
YTD Thru
12/31/2022
% of Annual
Budget
REVENUES:

SEWER ASSESSMENT $ 3,089,900 1,988 0% 3,263,823 $ $ - 0% SEWER CONNECTION 92,615 110,275 119% 149,000 55,784 37% USE OF MONEY & PROPERTY - (10,564) 0% - (88,350) 0%
REVENUES TOTAL 3,182,515 101,699 3% 3,412,823 (32,566) -1% EXPENDITURES:

OPERATING EXPENSES 2,602,658 391,820 15% 2,891,599 478,651 17% CAPITAL EXPENSES 500,000 16,526 3% 1,170,350 69,513 6%
EXPENDITURES TOTAL 3,102,658 408,346 13% 4,061,949 548,164 13% NET CHANGE IN SEWER FUNDS 79,857 (306,647) -384% (649,126) (580,730) 89%

Staff Report to City Council Page 4
FY2022-23 Mid-Year Report
February 16, 2023

3. Allocate an estimate of $200,000 from the Disaster Contingency Reserve and appropriate to the Emergency Operations project for the clean-up of the following the events of the storms of late December 2022 through January of this year.

ENVIRONMENTAL REVIEW:

This action does not qualify as a “Project” as defined in California Government Code Section 15378(b) of the Guidelines for California Environmental Quality Act. 2023 CITY COUNCIL WORKPLAN:

The report is for financial transparency and was not specified as one of the Council’s Work Plan of 2022 or the proposed Work Plan of 2023.

FISCAL IMPACT:

The total fiscal impact for the mid-year budget amendment is to reduce the General Fund revenues by $898,000 and an increase in the expenditures by $1,000. Increase the Capital Funds of $50,000 and allocate $200,000 from the Disaster Contingency Reserve and appropriate to the Emergency Operations Project-Atmospheric River Emergency.

ATTACHMENTS:

1. Resolution to Approve the Mid-Year Budget Amendment.

2. 2022-23 Mid-Year Financial Updates

3. 2022-23 Mid-Year Updates on Capital Projects Through December 31, 2022

RESOLUTION _______
RESOLUTION AMENDING THE 2022-23 OPERATING AND

CAPITAL IMPROVEMENT PROGRAM BUDGET
WHEREAS, the City Council of the Town of Los Altos Hills adopted the 2022-23 Operating and Capital Improvement Program Budget on June 16, 2022; and WHEREAS, the City Council approved decrease in General Fund revenue budget by $898,00 for License & Permits and an decrease of General Fund expenditure budget for development review in the amount of $269,000, increase of $70,000 for Reach Codes, and City Attorney fees of $200,000, totaling an increase of $1,000; and
WHEREAS, the City Council approved increasing the Capital expenditure budget of $50,000 for the City Council AV system; and
WHEREAS, the City Council approved an allocation of $200,000 from the Disaster Contingency Reserve and appropriate to the Emergency Operations Project-SCC Atmospheric River #1.

WHEREAS, as detailed in the accompanying Staff Report and the 2022-23 mid-year financial update, a few budget adjustments are necessary to accomplish the Town’s day-to-day operations and capital projects; and
WHEREAS, total impact on Town funds are as follow:

Account Fund Increase/(Reduce)
Reduce Revenue-License & Permit
Revenue
General Fund (011) (803,000)
Reduce Revenue-Charges for Services General Fund (011) (95,000) Reduce Expenditure-Planning &
Building-Development Review
General Fund (011) (269,000)
Increase Expenditure-Planning &
Building-Reach Codes
General Fund (011) 70,000
Increase Expenditures-City Attorney General Fund (011) 200,000 Increase Capital Projects Capital Fund (041) 50,000
Allocate from Disaster Contingency
Reserve

EOC-SCC
Atmospheric River #1
200,000
NOW THEREFORE, the City Council of the Town of Los Altos Hills does hereby resolve to amend the 2022-23 Operating and Capital Improvement Program Budget.

Attachment 1

2 The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 16th day of February 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
Linda Swan, Mayor
ATTEST:
______________________________
Deborah Padovan, City Clerk

Town of Los Altos Hills
Town-wide Fund Summary
Audited Unaudited
Fund No Fund Title
Fund Balance
@ 7/1/2022 Revenue Expenditure
Transfers
In/(Out)
Fund Balance
@ 12/31/2022 Earmarked
Available Fund
Balance
011 General Fund
3210 Operating Contingency 2,071,500 2,071,500 2,071,500 0 3204 Disaster Contingency 1,250,000 1,250,000 1,250,000 0 3203 Pension Reserve 2,575,000 2,575,000 2,575,000 0
3205 IT Reserve 50,000 50,000 50,000 0
3206 Facilities Replacement 1,902,700 1,902,700 1,902,700 0 3207 Equipment Replacement 594,000 594,000 594,000 0
011 Unassigned Fund Balance 8,599,777 6,299,129 (7,065,241) 7,833,665 0 7,833,665 Subtotal 17,042,977 6,299,129 (7,065,241) 0 16,276,865 8,443,200 7,833,665 Special Revenue Funds
016 Parks & Rec in-Lieu 379,996 (5,895) (901) - 373,200 0 373,200 019 American Rescue Plan Act (ARPA) 701,927 1,007,480 (281,834) - 1,427,573 1,427,573 0 021 COPS Fund 6,104 90,189 (32,425) - 63,868 63,868 0
071 Special Donation 58,578 - (25,000) - 33,578 0 33,578 Subtotal 1,146,605 1,091,774 (340,160) - 1,898,219 1,491,441 406,778 Capital Funds
041 General CIP (8,090) - (621,353) - $ (629,443) $ 0 $ (629,443) 042 Pathways CIP 1,010,342 55,912 (32,377) - 1,033,877 844,265 189,612 043 Westwind Barn CIP 196,926 32,924 (4,482) - 225,368 192,623 32,745 045 Drainage CIP 757,452 23,961 (25,565) - 755,848 755,848 0 046 Street CIP 745,049 203,296 (1,836,346) - (888,001) 0 (888,001) Subtotal 2,701,679 316,093 (2,520,123) - $ 497,649 $ 1,792,736 $ (1,295,087) Sewer Funds (Unrestricted Portion)
048 Sewer CIP 4,177,070 - (69,513) - $ 4,107,557 $ 1,220,441 $ 2,887,116 051 Sewer Ops - Exclu Depr. - (32,566) (446,085) - (478,651) (478,651) Subtotal 4,177,070 (32,566) (515,598) - $ 3,628,906 $ 1,220,441 $ 2,408,465 Total Town-Wide 25,068,331 7,674,430 (10,441,122) - 22,301,639 $ 12,947,818 $ 9,353,821 Year to Date Actual Thru 12/31/22
Attachment 2

Town of Los Altos Hills
Town Wide Proposed Budget Amendments
2022-23
Adopted
Budget
Approved
Council
Budget
Amendments
thru 12/31/22
Total Amended
Budget thru
12/31/22
Note
Proposed
Mid-Year
Budget
Amendments
FY2022-23
Amended
Budget

GENERAL FUND
Revenues 17,095,204 17,095,204 A (898,000) 16,197,204
Expenditures 15,353,381 42,332 15,395,713 B 1,000 15,396,713

SPECIAL REVENUE FUNDS
Revenues 1,107,480 1,107,480 1,107,480
Expenditures 1,527,000 1,527,000 1,527,000

CAPITAL FUNDS
Revenues 1,043,119 1,043,119 1,043,119
Expenditures 4,300,816 56,704 4,357,520 C 50,000 4,407,520

SEWER FUNDS
Revenues 3,412,823 3,412,823 3,412,823
Operating Expenses 2,891,599 2,891,599 2,891,599
Capital Expenses 1,170,350 1,170,350 1,170,350
NOTE:

A=Reduce License & Permits Revenue $803,000
A=Reduce Charges for Services Revenue $95,000
B= City Attorney Fees $200,000
B= Reach Codes $70,000
B= Reduce Planning & Building $269,000
C= Council Chamber AV System

Town of Los Altos Hills
Town Wide Budget vs Actual
2021-22
Amended
Adopted Budget
2021-22
Actual
12/31/21
2021-22
Budget vs
Actual
2022-23
Amended
Budget as of
12/31/22
2022-23
Actual
12/31/22
2022-23
Budget vs
Actual

GENERAL FUND
Revenues 14,169,014 7,013,132 49% 16,197,204 6,299,129 39% Expenditures 13,736,860 6,331,564 46% 15,396,713 7,065,241 46%

SPECIAL REVENUE FUNDS
Revenues 1,107,480 1,448,319 131% 1,107,480 1,091,774 99% Expenditures 1,143,680 220,000 19% 1,527,000 340,160 22%

CAPITAL FUNDS
Revenues 1,057,940 480,558 45% 1,043,119 316,093 0%
Expenditures 5,823,621 1,097,007 19% 4,407,520 2,520,123 57%

SEWER FUNDS
Revenues 3,182,515 101,699 3% 3,412,823 (32,566) -1%
Operating Expenses 2,602,659 391,820 15% 2,891,599 446,085 15% Capital Expenses 500,000 16,526 3% 1,170,350 69,513 6%

Town of Los Altos Hills
General Fund Budget vs Actual
General Fund
2021-22
Amended
Budget
Actual
YTD Thru
12/31/2021
% of Annual
Budget
2022-23
Proposed
Amended Budget
Actual
YTD Thru
12/31/2022
% of Annual
Budget
REVENUES:

PROPERTY TAX 7,241,751 2,456,142 34% $ 7,744,298 $ 2,638,365 34% TAXES OTHER THAN PROPERTY 459,101 382,896 83% 720,000 232,322 32% FRANCHISE FEES 379,107 1,847 0% 349,000 31,009 9%
LICENSE & PERMITS 1,285,264 1,336,971 104% 1,600,300 847,181 53% USE OF MONEY AND PROPERTY 228,997 (156,846) -68% 150,000 (5,193) -3% INTERGOVNMENTAL 136,623 6,216 5% 24,000 6,397 27%
CHARGES FOR SERVICES 914,100 1,178,674 129% 839,800 418,179 50% MISCELLANEOUS 10,000 43,805 438% 35,000 20,074 57%
OVERHEAD ALLOCATION-IN 3,514,071 1,763,427 50% 4,734,806 2,110,795 45% REVENUES TOTAL 14,169,014 7,013,132 49% 16,197,204 6,299,129 39% EXPENDITURES (BY DEPARTMENT):

ADMINISTRATION 4,164,209 1,901,397 46% 4,687,251 2,182,642 47% PUBLIC SAFETY 2,162,476 879,003 41% 2,370,847 1,210,419 51% PLANNING & BUILDING 3,513,518 1,795,852 51% 3,717,032 1,712,725 46% PUBLIC WORKS 2,715,004 1,221,867 45% 3,094,573 1,285,671 42% PARKS AND RECREATION 1,181,651 533,475 45% 1,527,009 673,784 44% EXPENDITURES TOTAL 13,736,858 6,331,594 46% 15,396,713 7,065,241 46% NET CHANGE IN GENERAL FUND 432,156 681,538 158% 800,491 (766,112) -96% General Fund 2021-22
Total Budget
Actual
YTD Thru
12/31/2021
% of Annual
Budget
2022-23
Amended Budget
Actual
YTD Thru
12/31/2022
% of Annual
Budget
EXPENDITURES (BY CATEGORY):

PERSONNEL 4,374,627 1,680,577 38% 4,607,534 2,036,503 44% SERVICES AND SUPPLIES 5,937,461 3,073,416 52% 6,849,229 3,119,469 46% ALLOCATION OUT 3,283,771 1,577,602 48% 3,939,950 1,909,269 48% EXPENDITURES TOTAL 13,595,859 6,331,595 47% 15,396,713 7,065,241 46%

Town of Los Altos Hills
Sewer Budget vs Actual

SEWER FUNDS
(Fund 048 and 051) 2021-22 Budget 2021-22 Mid-Year
Actual
2021-22 Budget vs
Actual
2022-23 Amended
Budget
Actual
YTD Thru 12/31/2022 % of Annual Budget
REVENUES:

SEWER ASSESSMENT $ 3,089,900 1,988 0% $ 3,263,823 $ - 0% SEWER CONNECTION 92,615 110,275 119% 149,000 55,784 37% USE OF MONEY & PROPERTY - (10,564) 0% - (88,350) 0%
REVENUES TOTAL 3,182,515 101,699 3% 3,412,823 (32,566) -1% EXPENDITURES:

OPERATING EXPENSES 2,602,658 391,820 15% 2,891,599 478,651 17% CAPITAL EXPENSES 500,000 16,526 3% 1,170,350 69,513 6%
EXPENDITURES TOTAL 3,102,658 408,346 13% 4,061,949 548,164 13% NET CHANGE IN SEWER FUNDS 79,857 (306,647) -384% (649,126) (580,730) 89% EXPENSE DETAILS:

SEWER OPERATING EXPENSES 2021-22 Budget Actual YTD thru 12/31/22
2021-22 Budget vs
Actual
2022-23 Amended
Budget
Actual
YTD Thru 12/31/2022 % of Annual Budget
Personnel $ 246,810 $ 80,128 32% $ 276,599 $ 124,711 45% Contractual Services 2,075,697 148,468 7% 2,288,553 181,841 8% Professional Services 20,000 52,422 262% 25,000 2,235 9% Operations 18,850 3,959 21% 18,000 3,729 21%
Allocations Out 241,301 106,843 44% 283,447 133,569 47% EXPENDITURE TOTAL 2,602,658 391,820 15% 2,891,599 446,085 15%

Town of Los Altos Hills
Mid-Year Capital Project Update (Through 12/31/2022)
Project # Project Name Project Status
Prior
Appropriation
2022-23 CIP
Budget
Total Budget
FY 22-23
Through
12/31/2022
Expenditures
Project Budget
Remaining
GENERAL CAPITAL PROJECTS:
419300 Broadband Deployment of Broadband infrastructure is subject to findings of the Broadband Feasibility Study. The Study is scheduled to be completed in March of 2023 -
800,000 800,000 - 800,000
TR4169-23 Byrne Preserve Restoration Under contract with Grassroots ecology until June 30, 2025
- 94,620 94,620 19,765 74,855
410209-23 Cable System No residents have submitted cost-sharing applications this year
- 50,000 50,000 - 50,000
410213 Civic Center Improvements Phase 1 to add a community room to Council Chambers complete.
2,540,143 - 2,540,143 189,580 2,350,563
410215 Concession Stand at Purissima Park Anticipated completion in March of 2023. 253,300 81,896 335,196 56,648 278,548 410222 Corp Yard Site Improvements On 10/20/2022 notice of completion approved by City Council.
- 175,000 175,000 157,329 17,671
410223 Council Chambers HVAC Has not begun - 70,000 70,000 - 70,000 410216 El Monte Fire Station Undergrounding
Project
Waiting for PG&E PM drawings, and Fish & Wildlife
permit. Bellecci is making minor design changes.
4,812,977 - 4,812,977 5,113 4,807,864
410218 Generator Replacement & Electrical
Panel Upgrade
Construction started January 2023, estimated completion by end of 2023
483,925 300,000 783,925 224,727 559,198
410224 Heritage House Renovation Currently under conceptual design - 400,000 400,000 4,455 395,545 410220 Housing Element-CEQA In progress, HE to be completed by January 2023 and CEQA in 2024
172,166 400,000 572,166 80,058 492,108
410225 Purissima Park Improvement Program
(Field & Facility Improvements)
Solicited bids for fencing project. CC approval for vendor in Q1 of 2023
- 70,000 70,000 - 70,000
410226 Street Sign Replacement On-going - 14,000 14,000 2,575 11,425 410227 Technology Miscellaneous Recurring project - 100,000 100,000 - 100,000 410221 Townhall EV Charging Stations On 11/17/2022 notice of completion approved by City Council.
91,566 - 91,566 29,875 61,691
419301 Town Hall Furniture & Space Upgrade On 1/24/2023 notice of completion approved by City Council.
276,704 276,704 114,629 162,075
410217 Undergrounding Utilities Feasiblity There is no project update 217,055 - 217,055 - 217,055 410228 Water Well Purissima Park Received desktop study report by Cal Engr in September - 40,000 40,000 4,987 35,013 Subtotal 8,571,132 2,872,220 11,443,352 889,740 10,553,611 PATHWAY CAPITAL PROJECTS:
427909 Edgerton Road Pathway The construction plans are complete, the engineer's cost estimate is complete. Preparing Staff Report for council meeting to authorize advertising bids for the project.
40,513 - 40,513 7,246 33,267
Attachment 3

427903 Fremont to Redwood Grove The Town of Los Altos Hills has provided a CASp study the City of Los Altos. Waiting for Los Altos to respond.
14,229 10,000 24,229 882 23,346
427906 La Paloma/Robleda Pathway Project complete 198,534 - 198,534 1,015 197,519 427913 Misc Pathway On going - 325,000 325,000 7,639 317,361 427912 Page Mill from Lupine to Via Feliz Survey and preliminary design complete. Plan to complete this spring of 2023
49,818 - 49,818 3,718 46,100
427902 Summerhill Pathway Project Survey of additional topography being conducted; consultant engineer will complete the construction
drawings once the survey is complete.
436,067 - 436,067 11,876 424,191
Subtotal 739,161 335,000 1,074,161 32,377 1,041,784
WESTWIND BARN CAPITAL PROJECTS:
437310 Westwind Community Barn Water
Well Desktop study conducted by Cal-Engineering is complete.

Will not proceed with this project due to the depth of the underground water table, and low water use.
- 40,000 40,000 - 40,000
437307-22-23 Westwind Community Barn
Improvement
Feeding Pasture Fencing Preconstruction Walk-Through
completed, work completed in February 2022.
12,623 140,000 152,623 - 152,623
Subtotal 12,623 180,000 192,623 - 192,623
STORM DRAINAGE CAPITAL PROJECTS:
467209 Matadero Creek Erosion SWRCB is reviewing the mitigation resubmittal to issue permit.
559,336 500,000 1,059,336 25,557 1,033,779
Subtotal 559,336 500,000 1,059,336 25,557 1,033,779
STREET CAPITAL PROJECTS:
467226-22-23 Annual Road Rehabilitation Program The 2022 Annual Road Rehabilitation Program is completed in December 2022.
334,673 1,356,300 1,690,973 1,642,017 48,956
467227 East Sunset Drive Roadway Widening On 9/15/2022 notice of completion approved by City Council.
222,207 - 222,207 194,330 27,877
Subtotal 556,880 1,356,300 1,913,180 1,836,346 76,833
SEWER CAPITAL PROJECTS:
487918-22-23 Annual Sewer Rehabilitation Program The 2023 Sewer Repair Rehab project - the design will begin in the summer of 2023.
2022 Sewer Repair Rehab Project will be advertised in
January of 2023.
129,393 1,170,350 1,299,743 79,301 1,220,441
Subtotal 129,393 1,170,350 1,299,743 79,301 1,220,441
EQUIPMENT REPLACEMENT:
410102 16ft Tilt Deck Trailer-Replacement Purchased and picked up on 12/29/22. Invoice was paid on January 5, 2023
- 18,000 18,000 - 18,000
410101 Bucket Truck Replacement Pending review - 160,000 160,000 - 160,000 410103 Tractor and attachments for Trail Work
on Pathways
Estimated Delivery May 2023 - 65,000 65,000 - 65,000
410104 Spreader for Purissima Park In the Bidding Process - 21,000 21,000 - 21,000 Subtotal - 264,000 264,000 - 264,000
Totals 10,568,524 6,677,870 17,246,394 2,863,321 14,383,072

1 Deborah Padovan
Subject: FW: City Council Agenda February 16, 2023
From: allan epstein  >
Sent: Thursday, February 16, 2023 10:39 AM
To: Deborah Padovan  >
Subject: City Council Agenda February 16, 2023
Hi Deborah,
Please aƩach the following items as supplementals to today’s Council Agenda.

Thank you.

Best,
Allan
AGENDA ITEM 4.I: RESPONSE TO THE GRAND JURY FINAL REPORT ON FINANCIAL TRANSPARENCY NEEDED The Civil Grand Jury Finding 1 is parƟally in error and the Town’s response should correct the record. LAH has consistently reported detailed monthly disbursements. It has not reported monthly receipts and fund balances.

Thank you for your comment.

AGENDA ITEM 4.V: ResoluƟon Revising the ExisƟng Tripepi Smith Agreement to Increase the not exceed amount to $50,000 for Media and CommunicaƟon Services (Staff: P. Pirnejad) As of February 15, 2023, a staff report has not been provided.  The original agreement has not been provided and it is unknown what services are being rendered, whether compeƟƟve bidding has taken place, and if addiƟonal appropriaƟons are necessary.  This item should be conƟnued to a later council meeƟng where it can be properly considered by the Council and public.

AGENDA ITEM 5.A: RESOLUTION APPROVING THE ONE‐YEAR REVIEW OF THE AUTOMATIC LICENSE PLATE READER PILOT PROGRAM AND RECEIVING COUNCIL DIRECTION ON CONTINUED USE OF THE SYSTEM IN TOWN I support the recommendaƟons made by Rajiv Bhateja contained in supplement number three, which includes renewal of the ALPR contract for another year.  In addiƟon, the Town should contact Atherton to understand why burglaries declined 64 percent from 2021 levels, and whether any of the reducƟon can be aƩributed to their installaƟon of ALPR cameras.  The Town should also inquire with Atherton and other users of ALPR systems to learn best pracƟces for uƟlizing the data provided to law enforcement.  It also may be helpful to independently evaluate the APPR “hits” for a Ɵme to understand how the system could be made more effecƟve.

AGENDA ITEM 6.A: RECEIVE 2022‐23 MID‐YEAR FINANCIAL REPORT AND ADOPT RESOLUTION APPROVING THE MID‐ YEAR BUDGET AMENDMENTS

1. It is unclear as to what is intended by the statement, “As of December 31, 2022, the Town has healthy reserves and staff will make every effort to reduce the spending and stay within five percent of the budget.”  This statement was not made at the FIC meeƟng.  Does this mean that staff believes expenditures will exceed appropriaƟons?  Spending should not exceed appropriaƟons and if staff believes it will, now is the Ɵme to explain why and increase appropriaƟons to cover planned spending.  Staff has included only a $1,000 increase in General Fund expenditures as part of the Mid‐year Budget amendments.  Currently, expenditures will not exceed appropriaƟons.  Any addiƟonal appropriaƟons, staff will request from the City Council.

Supplemental No. 1
AGENDA ITEM #6.A
Distributed 2/16/23

2 2.  The 37 percent year‐to‐year decline in License and Permit revenue (Building Fees) is due primarily to the Council approved eliminaƟon of the MEP (Mechanical, Electrical, Plumbing) Permit Fees because they were “captured in the Building Permit Fee”.  It should be noted that despite this substanƟal revenue reducƟon, revenue sƟll exceeded Building Department expenses.  This is an accurate statement.  A full explanaƟon is not provided for the 65 percent year‐to‐year reducƟon in Charges for Services (Planning and other Fees).  Timing difference in receipts for RecreaƟon Programs and

3. It is unclear if the addiƟonal appropriaƟons/expenses included in this Council agenda are included in the mid‐ year adjustment (RecruiƟng Fee, City Manager salary adjustment,  Media and CommunicaƟon Services) No the addiƟonal appropriaƟons are not included in the mid‐year adjustments.

4. With 60% of the year complete, one would expect the Mid‐year Budget update to provide an overall indicaƟon of how the year is expected to end up relaƟve to the original budget assumpƟons.  Will the Town‐ wide Fund Balance decline by $2.5 million as projected in the FY’23 Budget? More? Less?

5. In FY’23, City AƩorney Fees were budgeted to increase $211,000 or 60% from the prior year.  Why is an addiƟonal $200,000 appropriaƟon now required?  AddiƟonal liƟgaƟon.

6. An explanaƟon for the apparent $500,000 spending in excess of the year’s budget in Street Capital spending in the first half of the year would be useful.   Capital Projects are mulƟ year projects and the budget vs actual is a snapshot for only the current year.

7.  Mid‐year Capital Project Update.  It appears many major projects will not be implemented in FY’23 as planned, and some have been completed having residual balances whose commitments should be removed and funds made available for other projects. Overall, it looks like capital expenditures could be $2 million less than planned for the year.  ConstrucƟon acƟviƟes for FY23 capital projects will start in spring and summer of 2023, which incurs large capital expenditures. Capital projects are reconciled, closed out, and balances redistributed when all scope items are completed and all outstand payments made.

AGENDA ITEM 7.A:  RESOLUTION TO ADOPT REVISIONS TO THE FY 2022‐23 PLANNING AND BUILDING FEE SCHEDULE No changes were made to the Building Department Fee Schedule.  However, in October 2022 the Council changed the Building Fee policy to eliminate the charging of the MEP fee.  This clarificaƟon should be made in the fee schedule.  It is unclear which projects are no longer being charged the MEP fee.  Is it new residences, addiƟons, remodels, or all projects?  The failure to make clear when MEP Fees should be charged in the original fee schedule or in desk procedures is what caused the overcharging of Building Permit and Plan Review Fees between April 2020 and October 2022.  Applicants should be able to understand how to fill out the forms and what they will be charged. All building permit fees are charged by the evaluaƟon of the enƟre project, which covers the MEP review fee if applicable. The standalone MEP fee in the Building Fee Schedule is charged for MEP permit only (e.g. whole house re‐wiring, kitchen sink upgrade). The building permit fees are paid for applicaƟon intake and review, building permit issuance, inspecƟons, and final occupancy sign‐off.

TOWN OF LOS ALTOS HILLS FEBRUARY 16, 2023
Staff Report to the City Council
SUBJECT: RESOLUTION TO ADOPT REVISIONS TO THE FY 2022-23 PLANNING

AND BUILDING FEE SCHEDULE AND TO DETERMINE THE PROPOSED

ACTION DOES NOT QUALIFY AS A PROJECT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

FROM: Elaine Ling, Senior Planner
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council adopt the Resolution (Attachment 1) to update the FY 2022-23 Planning and Building Fee Schedule.

BACKGROUND
On April 16, 2020, the City Council approved a Cost Allocation Study and a User Fee study for Planning and Building department and adopted a new fee schedule. Subsequent to this, on June 17, 2021, the City Council approved a few revisions to the fee schedule. Since then, there have been no changes to the fee schedule. However, there are a few items that need to be added/amended to the fee schedule, including: adding Geotechnical review deposit to building fees, adding an hourly rate for Senior Planner, CIP rate increase to planners’ hourly rate, adding fee for grading exception and continue to waive Pathway impact fee for Accessory Dwelling Units (ADUs). These additions/amendments are explained below in detail. In addition, staff would like to add a few notes for further clarification to the fee schedule.

Under Government Code section 66017, the Town is required to hold a notice public hearing when adopting or increasing fees for development projects that apply to the “filing, accepting, reviewing, approving, or issuing of an application, permit, or entitlement.” In this case, there are certain development projects fees that would be increased with the proposed action to adopt revisions to the FY 22-23 fee schedule. Thus, notice of public hearing was provided at least 10 days prior to this meeting via newspaper publication and public postings, with the notice containing the required explanation of the proposed fee schedule adoption that would be presented before the Council.

DISCUSSION
Planning and Building Department is committed to providing professional, courteous, and efficient service to the public, ensuring that new development complies with local, state, and federal land use and environmental regulations, and guiding the physical development of the Town in a manner that is consistent with the goals and values of the community. The Department comprises of Planning, Building, and Code Enforcement operations.

Planning Department Services and Fees
AGENDA ITEM #7.A
P.P.

Staff Report to the City Council Page 2
Adopt Revisions to Planning and Building Fee Schedule
February 16, 2023
Planning Services are provided to the general public through the administration of the Town's General Plan, Zoning Ordinance and other adopted policies, processing of development applications, code compliance inspections, customer service at the Planning Counter, on the phone and via email, and the general dissemination of information. Planning services provided to review and process development applications and administer permits are fee-related activities, with expenses covered by fees paid by the applicant. Unlike the Building Department, due to the nature of activities and tasks completed by Planning staff, which often serve to support larger communitywide objectives, the Planning Department achieves a lower overall cost recovery rate. Currently, the cost recovery target adopted by the City Council for the Planning Department’s fee-related services is 90 percent. As part of the Planning fee schedule that was adopted in 2020, many of the deposit-based fees were converted to flat fees to reduce administrative costs, making it easier for the public to understand the full cost of getting permits and make Planning revenue easier to track and more predictable. However, there are certain planning actions that still require a ‘Deposit’ such as Conditional Use Permits, Subdivisions and Mapping, and so on, and for these actions, the applicants are billed based on the hourly rate of the planners. • Planning Staff Billable Rates: At present, the Planning Department currently includes, Planning Director, a Senior Planner, an Associate Planner and an Assistant Planner. In our current Master fee schedule, there is no hourly rate for a Senior Planner, which needs to be added. Also, these rates have not been revised since June 17, 2021. Thus, Staff is recommending adding the billable hourly rate for Senior Planner and increasing all billable rates by 5% based on the San Francisco Area Consumer Price Index (April 2022). Table 1 below highlights in red the addition/amendments to the planning staff billable hours.

Table 1: Proposed revisions to Planning Staff Billable Hour Planning Staff Billable Rates Current Rate Proposed Rate Planning Director $265/hr $278/hr
Principal Planner $234/hr $246/hr
Senior Planner $233/hr
Associate Planner $210/hr $220/hr
Assistant Planner $203/hr $213/hr
These are the rates used when staff time is billed against a deposit. These hourly rates are set as part of the Town’s annual adopted budget.

It shall be noted that the increase in hourly rate would only affect the planning actions for which a deposit is paid, and it would not most common planning approvals sch as Site Development Permit. • Grading policy exception: In 2011, the City Council adopted a Grading Ordinance and Policy to ensure that any new construction retains the existing contours and basic landform of the site to the greatest extent feasible. It was intended to be used by staff in evaluation and making recommendations to the Planning Commission and/or City Council regarding site development applications and as guidance for applicants. It is very common for new developments to request a grading policy exception that needs to be presented to the Planning Commission, which requires staff time for the preparation of staff report and findings. However, this planning action is not included in the Planning department fee schedule. Thus, staff is recommending

Staff Report to the City Council Page 3
Adopt Revisions to Planning and Building Fee Schedule
February 16, 2023
that this planning action be included in the fee schedule under the Site Development permit to cover for staff hours for preparation of staff report and presentation to the Planning Commission (see Table 2).

Table 2: Site Development Fees
Site Development Current Fee Current
Deposit
Proposed
Fee
Proposed
Deposit
Minor Administrative Review 1,560
No change
Major Administrative Review 3,010
Site Development Hearing Review 4,160
Fast Track Hearing Review 4,880
Planning Commission Hearing Review 7,125
Conditional Development Permit 2,180
Geotechnical Report Review 2,000
Grading Policy Exception Planning
Commission Review
1,560
• Clarifying note: A footnote should be included in the Fee Schedule that if there is more than one action associated with a project, separate fees for each action apply and the applicant shall pay a cumulative fee to cover the entire amount due for all applicable actions.

For example, if a project requires a Site Development permit for a new residence for Planning Commission’s review and a grading policy exception, the applicant shall pay for the Site Development permit ($4,160) and grading policy exception ($1,560). This note is shown as a part of the fee schedule in Exhibit A to the accompanying resolution.

Note: If there is more than one action associated with a project, separate fees for each action apply and the applicant shall pay a cumulative fee to cover the entire amount due for all applicable actions. For instance, if an application for a development project requires a Site Development Permit, a Variance, and certain environmental review actions, the applicant would need to pay the cumulative amount of those fees added together. • Pathway Impact Fee for ADUs: The Town’s current fee schedule includes a note that For Accessory Dwelling Units, the Pathway Impact Fee shall be waived until the Town's Housing Element affordable housing unit requirements for the 2015-2023 cycle has been met or until January 1, 2023. The 2015-2023 planning cycle has concluded, and the Town has now adopted its Housing Element for 2023-2031 in compliance with state law. The 2023-2031 Housing Element continues to contain programs and policies to encourage ADU development and streamline its approval process to meet its Regional Housing Needs Allocation of 489 units.

The Town’s 2023-2031 Housing Element also includes a program to continue to waive pathway impact fees for ADUs to encourage their production. Thus, staff is recommending that this fee be waived for the planning period 2023-31.

Table 3: Impact Fees
Impact Fees Current Fee Proposed Fee
Pathway Fee

Staff Report to the City Council Page 4
Adopt Revisions to Planning and Building Fee Schedule
February 16, 2023
New Single-Family Residence $10,493
Accessory Dwelling Unit (900 sq ft or larger)* $3,826 No change Additions (900 sq ft or larger) $3,826
Equestrian Barns (900 sq ft or larger) $3,826
This fee is set per Resolution 62-19.
*For Accessory Dwelling Units, this fee shall be waived for the Planning period 2023-2031. until the Town's Housing Element affordable housing unit requirements for the 2015-2023 cycle has been met or until January 1, 2023.

Building Department Services and Fees
Building services are provided to the general public through permits, plan reviews and inspections.

All work that requires a building permit, plan review, and/or inspection is covered under the California Building Code (CBC) and local amendments contained in the Town’s Building Regulations (Title 8 of the Municipal Code). The vast majority of services provided by the Building Department are considered fee for service activities. • Geotech Deposit for ADUs
Due to the Town’s proximity to the San Andreas Fault and the fact that the Town itself contains a number of named and unnamed faults and fault traces, geological considerations for any proposed improvements within the Town shall be acknowledged and addressed as a prerequisite to development. Per State law, ADUs must be considered, approved, and permitted ministerially without discretionary action. Thus, all ADUs now directly apply for a building permit and a geotechnical review is sometimes required depending on circumstances of the project proposal and site conditions. Thus, staff is recommending adding a deposit for the Geotechnical Report review in the amount of $2,000, similar to what is in the Planning Department Fee Schedule.
• Revise ‘Solar Panels’ to ‘Solar energy system’
Since, January 1, 2018, State law imposed a cap on permit fees for “solar energy systems” which are defined under state law as the following:
(1) Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.
(2) A structural design feature of a building, including either of the following:
(A) Any design feature whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.
(B) Any photovoltaic device or technology that is integrated into a building, including, but not limited to, photovoltaic windows, siding, and roofing shingles or tiles.

The Town complies with the foregoing state law requirements but the fee schedule currently only includes the term “solar panels” instead of a broader term. Thus, staff recommends

Staff Report to the City Council Page 5
Adopt Revisions to Planning and Building Fee Schedule
February 16, 2023
replacing the term ‘solar panels’ in the fee schedule to ‘solar energy system’ to align with applicable state law and avoid any confusion in charging of the fees that will apply to solar panels, energy storage system (ESS), etc.

Table 4: Building permit fee changes
Current fee Proposed Fee
Furnace $82
Gas Lines $82
Water Heater $82
Reroof (< $50,000 valuation) $375
Reroof (≥ $50,000 valuation) $375 + 0.9% of project
valuation over $50,000
Solar Panels Solar energy system (set
by State law)
$450 + $15/kW (above
15kW)
This fee is set per California Government Code Section 66015.

Other Permit Fees
Extension of Building Permit $180
Replacement of Inspection Card $80 No change
Additional Plan Review $350
This fee is applied when an application requires more than three plan checks to be completed.

Temporary Certificate of
Occupancy $500 No change
Approval by the Planning and Building Director is required to issue a Temporary Certificate of Occupancy and the project must demonstrate special circumstances.

Street Address Change $650 No change Work Without a Permit Up to 4x Permit Fee The violation fee is set per Municipal Code sections 8-8.05 and 10-2.1318, with the specific amount determined by the Planning and Building Director based on the nature of the violation.

Geotechnical Report Review $2,000
It is worth noting that under Government Code section 66017, development project fees that apply to the filing, accepting, reviewing, approving, or issuing of an application, permit, or entitlement may only be effective no sooner than 60 days following adoption. Thus, the increase in development project fees set forth above would be in effect 60 days after the Council adopts the FY 22-23 schedule.

ENVIRONMENTAL REVIEW

Staff Report to the City Council Page 6
Adopt Revisions to Planning and Building Fee Schedule
February 16, 2023
This action does not qualify as a “Project” as defined in Section 15378(b) of the California Environmental Quality Act Guidelines.
2023 CITY COUNCIL WORK PLAN
This is part of 2023 City Council Priorities under ‘Quality of Life and Community Character,’ and satisfies the milestone “Present to City Council for Approval During Mid-year Adjustment” under key project “Master Fee Schedule Updates – ADU Fee Waiver, Fully Burdened Rates, Geotech.”

FISCAL IMPACT
The updated Planning and Building Fee Schedule, if adopted, would go into effect on April 17, 2023. There will not be any substantial change to the revenue for the department as the only fee that is being added is that for ‘Grading Policy Exception’ and Town does not receive many applications for the same.

ATTACHMENT

1. Resolution
5296540.1

- 1 -
RESOLUTION __-23

A RESOLUTION OF THE CITY COUNCIL OF THE

TOWN OF LOS ALTOS HILLS TO ADOPT AN UPDATED
PLANNING AND BUILDING FEE SCHEDULE FOR FY 2022-23
WHEREAS, the Town of Los Altos Hills has established certain fees and charges for Town services; and
WHEREAS, these fees and charges are collected to recover the Town’s reasonable cost of providing the service or of performing the functions or regulatory activity for which the fees are charged, as applicable, and which are not levied for general revenue purposes, and are not special taxes as defined in Article 3.5 of the California Government Code; and WHEREAS, on February 16, 2023, the City Council held a duly noticed public hearing in compliance with California Government Code sections 6062a, 66016, 66017 and 66018, at which public testimony and written testimony was received, to consider the updates to the FY 22-23 Planning and Building Fee Schedule; and
WHEREAS, this action is exempt from environmental review pursuant to Section 15273 of the California Environmental Quality Act as it does not qualify as a “Project” as defined in CEQA Guidelines section 15378(b)”; and
WHEREAS, the City Council desires to implement the updated Planning and Building Fee Schedule, detailed in “Exhibit A,” which will become effective on April 17, 2023, consistent with Californian Government Code Section 66017.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills hereby finds the foregoing recitals are true and correct and incorporated herein, and adopts an updated Planning and Building Fee Schedule for FY 2022-23 as set forth in “Exhibit A” to this Resolution. Development fee increases contained herein shall become effective no sooner than 60 days following final passage and adoption of this Resolution and shall remain in effect until a new Resolution amending the same is adopted by the City Council.

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 16h
day of February, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
Linda Swan, Mayor
ATTEST:
______________________________
Deborah Padovan, City Clerk
Attachment 1

- 2 -
Exhibit A
Planning Department Fees
Note: If there is more than one action associated with a project, including - zoning permits, Site Development, Variances, Conditional Use Permits, Environmental Review, separate fees for each action apply and the applicant shall pay a cumulative fee to cover the entire amount due for all applicable actions.

General Fee Deposit
Pre-Application Meeting $520
Pre-Application Meeting - ADU $410
Additional Plan Review $625
Permit Modification $1,450
Extension – Administrative $250
Extension – City Council $1,140
Site Analysis $260
Appeal $900 $2,000
Zoning Permits Fee Deposit
General Zoning Permit $260
Fence Permit – Administrative $520
Fence Permit – Public Hearing $1,140
Wireless Facility Mod – Administrative $2,180
Oak Tree Removal $250
Oak Tree Removal (Dead/Emergency) $0
Arborist Report Review $500
Site Development Fee Deposit
Minor Administrative Review $1,560
Major Administrative Review $3,010
Site Development Hearing Review $4,160
Fast Track Hearing Review $4,880
Planning Commission Hearing Review $7,125
Conditional Development Permit $2,180
Geotechnical Report Review $2,000
Grading Policy Exception Planning
Commission Review $1,560
Landscape Performance Deposit – Director’s
Discretion $5,000
Variances and Conditional Use Permits Fee Deposit
Minor Variance - Site Development Committee $3,120
Major Variance - Planning Commission $5,200
Conditional Use Permit - Planning Commission $6,080
Conditional Use Permit - City Council $880 $6,000
CUP Renewal/Amendment - Planning Comm. $3,840

- 3 -
CUP Renewal/Amendment – City Council $880 $6,000
Fee Type Current
Environmental Review Fee Deposit
Technical Environment Study Review $1,500
Preparation of Initial Study/NegDec by Staff $7,500
Preparation of Initial Study/NegDec/EIR by
Outside Consultant Actual Cost
This amount is the actual cost to prepare the work based on an approved proposal from an outside consultant + a 10% administrative fee to cover staff time.

Planning Staff Billable Rates Rate
Planning Director $278/hr
Principal Planner $246/hr
Senior Planner $233/hr
Associate Planner $220/hr
Assistant Planner $213/hr
These are the rates used when staff time is billed against a deposit. These hourly rates are set as part of the Town’s annual adopted budget.

Subdivisions and Mapping Fee Deposit
Minor Land Division (<5 lots) $725 $5,000
Subdivision (5+ lots) $880 $10,000
Extension $550
Modification/Amendment $625 $2,500
Minor Land Division (<5 lots) $5000
Subdivision (5+ lots) $5,000
Certification of Correction $2,000
Lot-Line Adjustment and Merger $725 $3,500
Certificate of Compliance $725 $3,500
Easement Review $3,500
Annexation
Up to Four Lots
(deposit is per number of lots) $880 $5,000
More than Four Lots
(deposit is per number of lots) $880 $5,000
Extension/Modification $205 $2,000
Short-Term Rental Licenses Fee Deposit
Short-Term Rental License (initial) $205
Short-Term Rental Renewal $105
Conditional Short-Term Rental License $1,350
These fees are set per Municipal Code Section 10-1.1206.

Fee Type Current Fee
Other Fees Fee Deposit
General Plan Amendment $880 $5,000
Municipal Code Amendment $880 $5,000

- 4 -
Zoning Ordinance Interpretation $830
Historic Review/Mills Act Agreement $725 $3,000
Application Process Violation Up to 10x applic. fee
Impact Fees
Pathway Fee
New Single-Family Residence
Accessory Dwelling Unit (900 sq ft or larger)*
Additions (900 sq ft or larger)
Equestrian Barns (900 sq ft or larger)
$10,943
$3,826
$3,826
$3,826
This fee is set per Resolution 62-19. *For Accessory Dwelling Units, this fee shall be waived for the Planning Period 2023-2031.

Recreation In-Lieu Fee
Storm Drainage Fee $0.69 per sq ft
This fee assessed on all subdivisions for new hardscape/impervious area added within a public rightof-way or easement.

- 5 -
Building Department Fees
Application and Permit Fees
Building Permit Fees
All Projects Base Fee $240
All Projects - Modifier 0.9% of project valuation
The project valuation is provided by the applicant at time of submittal and confirmed by Building Dept staff during initial plan review.

Mechanical, Electrical and Plumbing Permits
All Projects Base Fee $180
All Projects - Modifier 0.9% of project valuation
The project valuation is provided by the applicant at time of submittal and confirmed by Building Dept staff during initial plan review.

Furnace $82
Gas Lines $82
Water Heater $82
Reroof (< $50,000 valuation) $375
Reroof (≥ $50,000 valuation) $375 + 0.9% of project valuation over $50,000
Solar energy system (set by State law) $450 + $15/kW (above 15kW) This fee is set per California Government Code Section 66015.

Demolition $180
Plan Review Fee 65% of Permit Fee
Plan Retention Fee $25/page
Plan Retention Fee (electronic plans) $75
Planning and Engineering Review and Inspection Fees
Site Development Review $830
Site Development Compliance Inspections $980
ADU Plan Review $725
ADU Compliance Inspections $830
These review and inspection fees are assessed to all building permits that are subject to Planning and Engineering review and compliance inspections. If more than three reviews are required to issue a permit or more than six inspections required final a permit, additional review/inspections fees may be assessed.

Green Building Fee $4/$100,000 of assessed valuation, (Minimum $1/$25,000 of valuation)
This fee is set per California Health and Safety Code Section 18931.6 and goes into the Building Standards Administration Special Revolving Fund established under Section 19831.7 Strong Motion Instrumentation & Seismic
Hazard Mapping Fee
$0.13/$1,000 of assessed valuation (Minimum
fee is $0.50)
Energy Fee (State Imposed)
Formula = 1.65 x (0.15 x building permit fee) 15% of Building Permit

- 6 -
This fee is set by the State of California under Title 24 Part 2 Energy and Accessibility Code and Regulations.

Inspections Fees
During normal business hours $210
After normal business hours $240
Reinspection $210
Inspection for which no fee is otherwise
indicated $210
Code Compliance Inspection $300
Other Permit Fees
Extension of Building Permit $180
Replacement of Inspection Card $80
Additional Plan Review $350
This fee is applied when an application requires more than three plan checks to be completed.

Temporary Certificate of Occupancy $500
Approval by the Planning and Building Director is required to issue a Temporary Certificate of Occupancy and the project must demonstrate special circumstances.

Street Address Change $650
Work Without a Permit Up to 4x Permit Fee
The violation fee is set per Municipal Code sections 8-8.05 and 10-2.1318, with the specific amount determined by the Planning and Building Director based on the nature of the violation.

Geotechnical Report Review
Less than $50,000 $0
$50,000 or more 0.9% of valuation
Gas $20,000
Electric $40,000
Impermeable Structure (per sq ft of development
area added) $0.96/sq ft
This fee set per Municipal Code Section 8-7.05.

From: allan epstein
To: Deborah Padovan
Subject: City Council Agenda February 16, 2023
Date: Thursday, February 16, 2023 10:38:43 AM
Hi Deborah,
Please attach the following items as supplementals to today’s Council Agenda.

Thank you.

Best,
Allan
AGENDA ITEM 4.I: RESPONSE TO THE GRAND JURY FINAL REPORT ON FINANCIAL TRANSPARENCY NEEDED
The Civil Grand Jury Finding 1 is partially in error and the Town’s response should correct the record. LAH has consistently reported detailed monthly disbursements. It has not reported monthly receipts and fund balances.

AGENDA ITEM 4.V: Resolution Revising the Existing Tripepi Smith Agreement to Increase the not exceed amount to $50,000 for Media and Communication Services (Staff: P.

Pirnejad)
As of February 15, 2023, a staff report has not been provided. The original agreement has not been provided and it is unknown what services are being rendered, whether competitive bidding has taken place, and if additional appropriations are necessary. This item should be continued to a later council meeting where it can be properly considered by the Council and public.

AGENDA ITEM 5.A: RESOLUTION APPROVING THE ONE-YEAR REVIEW OF THE AUTOMATIC LICENSE

PLATE READER PILOT PROGRAM AND RECEIVING COUNCIL DIRECTION ON

CONTINUED USE OF THE SYSTEM IN TOWN
I support the recommendations made by Rajiv Bhateja contained in supplement number three, which includes renewal of the ALPR contract for another year. In addition, the Town should contact Atherton to understand why burglaries declined 64 percent from 2021 levels, and whether any of the reduction can be attributed to their installation of ALPR cameras.

The Town should also inquire with Atherton and other users of ALPR systems to learn best practices for utilizing the data provided to law enforcement. It also may be helpful to independently evaluate the APPR “hits” for a time to understand how the system could be made more effective.

AGENDA ITEM 6.A: RECEIVE 2022-23 MID-YEAR FINANCIAL REPORT AND ADOPT RESOLUTION

APPROVING THE MID-YEAR BUDGET AMENDMENTS

1. It is unclear as to what is intended by the statement, “As of December 31, 2022, the Town has healthy reserves and staff will make every effort to reduce the spending and stay within five percent of the budget.” This statement was not made at the FIC meeting. Does this mean that staff believes expenditures will exceed appropriations? Spending should not exceed appropriations and if staff believes it will, now is the time to explain why and increase appropriations to cover planned spending. Staff has included only a $1,000 increase in General Fund expenditures as part of the Mid-year Budget amendments.

2. The 37 percent year-to-year decline in License and Permit revenue (Building Fees) is due primarily to the Council approved elimination of the MEP (Mechanical, Electrical, Plumbing) Permit Fees because they were “captured in the Building Permit Fee”. It should be noted that despite this substantial revenue reduction, revenue still exceeded Building Department expenses. A full explanation is not provided for the 65 percent year-to-year reduction in Charges for Services (Planning and other Fees).

3. It is unclear if the additional appropriations/expenses included in this Council agenda are Supplemental No. 1
AGENDA ITEM #7.A
Distributed 2/16/23

included in the mid-year adjustment (Recruiting Fee, City Manager salary adjustment, Media and Communication Services)

4. With 60% of the year complete, one would expect the Mid-year Budget update to provide an overall indication of how the year is expected to end up relative to the original budget assumptions. Will the Town-wide Fund Balance decline by $2.5 million as projected in the FY’23 Budget? More? Less?

5. In FY’23, City Attorney Fees were budgeted to increase $211,000 or 60% from the prior year. Why is an additional $200,000 appropriation now required?

6. An explanation for the apparent $500,000 spending in excess of the year’s budget in Street Capital spending in the first half of the year would be useful.

7. Mid-year Capital Project Update. It appears many major projects will not be implemented in FY’23 as planned, and some have been completed having residual balances whose commitments should be removed and funds made available for other projects.

Overall, it looks like capital expenditures could be $2 million less than planned for the year.

AGENDA ITEM 7.A: RESOLUTION TO ADOPT REVISIONS TO THE FY 2022-23 PLANNING AND

BUILDING FEE SCHEDULE
No changes were made to the Building Department Fee Schedule. However, in October 2022 the Council changed the Building Fee policy to eliminate the charging of the MEP fee.

This clarification should be made in the fee schedule. It is unclear which projects are no longer being charged the MEP fee. Is it new residences, additions, remodels, or all projects? The failure to make clear when MEP Fees should be charged in the original fee schedule or in desk procedures is what caused the overcharging of Building Permit and Plan Review Fees between April 2020 and October 2022. Applicants should be able to understand how to fill out the forms and what they will be charged.

AGENDA ITEM #9A-D

9. REPORTS FROM COUNCIL LIAISONS ON STANDING COMMITTEES, AD HOC

COMMITTEES, AND COUNCIL MEMBERS ON OUTSIDE AGENCIES
A. Report by the Undergrounding Subcommittee (Mayor Tyson) B. Report from the Council Ad Hoc Committee Focusing on Broadband (Councilmembers Mok and Tankha)
C. Report from the Council Ad Hoc Committee to Review the Our Town Newsletter (Councilmember Schmidt/Mayor Swan)
D. Status Reports from All Councilmembers on Subcommittee and Outside Agencies Activities These reports will be presented verbally.

AGENDA ITEM #9A-D

9. REPORTS FROM COUNCIL LIAISONS ON STANDING COMMITTEES, AD HOC

COMMITTEES, AND COUNCIL MEMBERS ON OUTSIDE AGENCIES
A. Report by the Undergrounding Subcommittee (Mayor Tyson) B. Report from the Council Ad Hoc Committee Focusing on Broadband (Councilmembers Mok and Tankha)
C. Report from the Council Ad Hoc Committee to Review the Our Town Newsletter (Councilmember Schmidt/Mayor Swan)
D. Status Reports from All Councilmembers on Subcommittee and Outside Agencies Activities These reports will be presented verbally.

AGENDA ITEM #9A-D

9. REPORTS FROM COUNCIL LIAISONS ON STANDING COMMITTEES, AD HOC

COMMITTEES, AND COUNCIL MEMBERS ON OUTSIDE AGENCIES
A. Report by the Undergrounding Subcommittee (Mayor Tyson) B. Report from the Council Ad Hoc Committee Focusing on Broadband (Councilmembers Mok and Tankha)
C. Report from the Council Ad Hoc Committee to Review the Our Town Newsletter (Councilmember Schmidt/Mayor Swan)
D. Status Reports from All Councilmembers on Subcommittee and Outside Agencies Activities These reports will be presented verbally.

AGENDA ITEM #9A-D

9. REPORTS FROM COUNCIL LIAISONS ON STANDING COMMITTEES, AD HOC

COMMITTEES, AND COUNCIL MEMBERS ON OUTSIDE AGENCIES
A. Report by the Undergrounding Subcommittee (Mayor Tyson) B. Report from the Council Ad Hoc Committee Focusing on Broadband (Councilmembers Mok and Tankha)
C. Report from the Council Ad Hoc Committee to Review the Our Town Newsletter (Councilmember Schmidt/Mayor Swan)
D. Status Reports from All Councilmembers on Subcommittee and Outside Agencies Activities These reports will be presented verbally.

AGENDA ITEM #10.A

10. COUNCIL INITIATED
A. Discussion on the Rise of Residential Burglaries in the Town and the City Council’s Response (Councilmember Tankha)
There is no presentation for this item.