July 16, 2024
AG
ENDA REPORT
TO: Jestin D. Johnson FROM: Floyd Mitchell
City Administrator Chief, OPD
SUBJECT: OPD License Plate Readers, FLOCK,
and CHP Agreement
DATE: July 10, 2024
City Administrator Approval Date:
RECOMMENDATION
S
taff Recommends That City Council Adopt A Resolution:
(
1) Approving The Oakland Police Department’s Revised Automated License Plate Reader Use (ALPR) Policy;
(2) Authorizing The City Administrator To Enter In To A Memorandum Of Understanding (MOU) With The California Highway Patrol (CHP) For CHP And The City Of Oakland To S
hare ALPR Data With Each Other For Ongoing Investigations; (
3) Authorizing The City Administrator To Enter Into A MOU With FLOCK Safety (FLOCK) Affirming That FLOCK Will Install ALPR Cameras In The City Of Oakland And Provide The O
akland Police Department With Access To FLOCK’s ALPR System; And (
4) Authorizing The City Administrator To Appropriate Nine Hundred And Seventy T
housand Six Hundred Dollars ($970,600), Plus The Cost Of Repair For Ten Percent Of ALPR Cameras In The First Year Of Use At A Cost Of Twenty-Three Thousand Two Hundred Dollars ($23,200), For A Total Cost Not To Exceed Nine Hundred Ninety-Three T
housand And Eight Hundred Dollars ($993,800) To Reimburse The CHP
EXECUTIVE SUMMARY
Thi
s report includes the background and details regarding the revised ALPR use policy (Attachment A) and impact report (Attachment E); outside agency ALPR data request form (Attachment B); MOU with CHP for ALPR data sharing (Attachment C); and MOU with FLOCK affirming installation of ALPR cameras and OPD access to FLOCK services (Attachment D).
REASON FO R URGENCY
W
hen OPD first presented to Privacy Advisory Commission (PAC) and City Council on October 17, 2023, the OPD crime report showed that auto burglaries were up 38%. Motor vehicle theft was up 51%. See Chart 1 below as a reference. This year, nationwide, crime has been on a downward trend for multiple reasons, one being the utilization of technology. OPD crime report City Council
Jestin Johnson (Jul 11, 2024 20:16 PDT) Jul 11, 2024
Jestin D. Johnson
Subject: OPD License Plate Readers, FLOCK, and CHP Agreement Date: July 10, 2024 Page 2
City Council
July 16, 2024
from July 7, 2024, shows aggravated assaults are down year to date (YTD) from 1,859 to 1,683 (-9%), robberies YTD are down from 1,817 to 1,660 (-9%), and burglaries YTD are down from 10,095 to 4,542 (-55%). See Chart 2 below as a reference. ALPR technology will help mitigate these crimes even further by placing mounted ALPRs throughout the City. OPD’s Crime Analysis Unit produces crime maps depicting hot spots of violent crimes, burglaries, and motor vehicle thefts (stolen, recovered stolen, and outside agency stolen recovered). These maps are provided to FLOCK, and the egress and ingress locations to these hot spots are, in essence, the major arteries and channels for us to deploy FLOCK cameras. OPD will quickly be able to query these locations where violent and or property crimes have been committed in an effort to identify the vehicle(s) associated with said crimes. Time is of the essence. Every day without ALPR is a day the OPD cannot further their investigations in identifying potential vehicle(s) related to crimes, and each and every day without ALPR evidence is lost. Technology must always be used ethically and constitutionally and in accordance with policy, procedure, law, and in accordance with our Surveillance Technology Ordinance 13635 CMS .
At the time (2023), Mayor Thao had requested and acquired $1.2 million from the State of California to purchase license plate readers to help mitigate the increase in auto burglaries and motor vehicle theft. The funding was believed to be used for first year costs for the FLOCK system. At the time, OPD stated it was imperative that OPD enter a contract with FLOCK as soon as possible so the ALPR components could begin to be affixed, which was estimated to take several months and up to a year to fully deploy. As was initially stated in 2023 and is still true in 2024, time is critical as crime is still occurring in our city and, although it has declined, is still present. It appears suspect(s) have become bolder, and crime is occurring at all times of the day. Officers will be trained as soon as is practical and can begin utilizing the ALPR software and identifying vehicle(s) associated to crimes as soon as possible. Using ALPR’s allows neighboring agencies to collaborate in identifying series, trends, and patterns. Without ALPR in the City of Oakland, people involved in criminal activity are emboldened to freely drive around, commit acts of crime, and know their vehicles will not be captured on ALPR’s.
Jestin D. Johnson
Subject: OPD License Plate Readers, FLOCK, and CHP Agreement Date: July 10, 2024 Page 3
City Council
July 16, 2024
Chart 1: OPD Weekly Citywide Crime Report
This was the OPD Weekly Report provided in 2023.
Jestin D. Johnson
Subject: OPD License Plate Readers, FLOCK, and CHP Agreement Date: July 10, 2024 Page 4
City Council
July 16, 2024
Chart 2: OPD Weekly Citywide Crime Report
Recent statistics
BACKGROUND / LEGISLATIVE HISTORY
How Automated License Plate Reader (ALPR) Technology Works
OPD’s Departmental General Order (DGO) I- 12: Automated License Plate Readers (ALPR) (Attachment A) explains that there are two components to the ALPR system:
Jestin D. Johnson
Subject: OPD License Plate Readers, FLOCK, and CHP Agreement Date: July 10, 2024 Page 5
City Council
July 16, 2024
OPD uses Automated License Plate Reader (ALPR) technology to capture and store digital license plate data and images. There are two components to the ALPR system:
1. Automated License Plate Readers: Device components include cameras, which can be attached to vehicles or fixed objects, and a vehicle-based computer that processes the photographs and compares the data against California Department of Justice (CA DOJ) hotlists. Data is transmitted for comparison (the hotlists are downloaded to the vehicle at the start of the patrol shift and then compared from that list). Authorized personnel can also manually enter license plates into internal OPD generated hotlists only accessible to personnel authorized to access the OPD ALPR system.
2. ALPR Database: A central repository stores data collected and transmitted by the Automated License Plate Readers.
ALPR technology consists of cameras that can automatically scan license plates on vehicles in the public right of way and/or in view of the police vehicle. Each camera housing (two housings per vehicle) consists of a regular color photograph camera and an infrared camera (for better photography during darkness). ALPR captures an image (parked or moving vehicle plates) and processes the image with an optical character recognition (OCR) algorithm that can extract license plate characters from the image.
FLOCK technology will be used by the OPD to help identify vehicle(s) which may have been used in criminal activity. The OPD will conduct queries where criminal activity has occurred that relates to violent crimes, burglaries, and grand theft. The OPD goal will be to reduce the timeline in identifying vehicles associated with these types of criminal activity and potentially reduce criminal activity.
OPD had ALPR technology in use prior to City Council’s adoption of the Surveillance Technology
Ordinance 13635 CMS. For the past eight y ears, the existing system used outdated ALPR 3M (BOSS) mounted cameras on several OPD vehicles. Since 2017, OPD has met and worked with the PAC to create and draft a working use policy on ALPR. During this time, OPD and the PAC discussed retention length and the need to accurately audit and provide reporting metrics on using the system. As noted in City Council Resolution No. 89450 CMS, (which authorized OPD’s current ALPR Surveillance Use Policy (ALPR Policy) at the October 6, 2022 PAC meeting, that body adopted a motion recommending that should the City Council authorize OPD’s ALPR Policy so that OPD could continue to use its ALPR system, such policy should bo th reduce data retention periods and also that City Council authorize necessary resources to upgrade the ALPR computer software to allow for enhanced auditing and reporting purposes. OPD recognizes the importance in securing a vendor that can provide an ALPR system that is better suited to enable OPD to comply with the ALPR Policy. This upgrade would allow OPD to conduct automated audits and perform more comprehensive reporting on the effectiveness of the technology, which is critical to compliance with the ALPR Policy. In the revised ALPR Policy, OPD proposes a shorter retention period aligning with the PAC’s prior position. During OPD’s meetings with the PAC in 2023, OPD acknowledged that limited staffing presented challenges to conducting required audits. Based on this obstacle, OPD felt the best course of action would be to place OPD’s outdated 3M (BOSS) ALPR system offline until it could comply with audits and demonstrate the efficacy of the technology. Currently, OPD has no ALPR system active in the city. With increasing violent and property crime rates, OPD needs an ALPR system to assist its community in addressing this Jestin D. Johnson
Subject: OPD License Plate Readers, FLOCK, and CHP Agreement Date: July 10, 2024 Page 6
City Council
July 16, 2024
surge in crime. Many outside agencies have adopted ALPR technology and specifically selected FLOCK due to its capabilities. Currently, the OPD has no ALPR to assist in crime reduction, vehicle identification, or criminal investigations in general.
OPD met with PAC on multiple occasions for ad hoc meetings to revise and discuss DGO I -12.
The use policy was approved at PAC on October 5, 2023, by a majority vote.
OPD still believes it is critical that the City of Oakland and the OPD proceed with the pr oposed revised ALPR use policy to collect evidence, identify potential suspect vehicle(s), and assist in its crime- fighting strategy in reducing crime. OPD is asking the City Council to approve the revised DGO I-12 ALPR use policy (Attachment A).
On October 17, 2023, the OPD presented to the City Council on ALPR and FLOCK. Due to the increase in violent crime, auto thefts, and car burglaries, the Mayor and OPD have determined that there is an immediate need to use ALPR technology in order to deter these types of crimes.
Through Mayor Thao’s efforts, the City of Oakland had received $1.2 million in funding to purchase ALPR technology. OPD had asked the City Council to accept and appropriate those funds for the purchase of FLOCK hardware, FLOCK software, and professional services.
Furthermore, on October 17, 2023, OPD requested the City Council to authorize the City Administrator to enter into a three-year contract with FLOCK.
On October 17, 2023, the City Council voted unanimously on the proposal. OPD was later informed by CHP that CHP would be purchasing the FLOCK cameras for installation throughout their highways and would be purchasing the cameras for placement in our city.
Updated Background/Legislative History:
Since this time, FLOCK has entered into Agreement 2720-065PR3075 (dated March 29, 2024) with CHP to implement its ALPR Camera System and related services and equipment (“Services”) within Alameda County and the City (“FLOCK-CHP Agreement”). The FLOCK-CHP Agreement calls for a total of 480 cameras for use between CHP and OPD, with 290 cameras under the jurisdiction of OPD and the City of Oakland and 190 belonging to CHP. Under the FLOCK-CHP Agreement, Oakland acts as the CHP’s agent.
The OPD, CHP, the Office of the City Attorney, and FLOCK have been working collectively on drafting Memorandums of Understanding between all parties. CHP and Oakland have agreed to a separate (3)-year MOU (Attachment C) that agrees for each law enforcement agency to share their respective ALPR data with the other agency for ongoing criminal or administrative investigations. Each party is responsible for all activities and obligations for their respective assigned cameras. The MOU calls for Oakland to repay first-year costs related to the two hundred ninety (290) cameras assigned to OPD, which is due to CHP within twelve (12) months of the effective date of the MOU. These costs are detailed in the fiscal impact section of this report.
Additionally, Oakland and FLOCK have agreed to a separate MOU (Attachment D) that affirms that FLOCK will work directly with Oakland to install FLOCK’s ALPR system in Oakland and to provide OPD access to FLOCK’s ALPR software pursuant to the FLOCK-CHP Agreement.
Jestin D. Johnson
Subject: OPD License Plate Readers, FLOCK, and CHP Agreement Date: July 10, 2024 Page 7
City Council
July 16, 2024
Finally, OPD is making some changes to DGO I-12 (Attachment A), which governs the use of ALPR. The major addition is allowing for the sharing of ALPR data with other non-federal, California agencies. These agencies will be apprised of certain use restrictions under state law prior to any grant of access (Attachment B). OPD will track which agencies with whom they share data with and will present this information in the Annual Report.
ANALYSIS AND POLICY ALTERNATIVES
This report advances the Citywide priorities of holistic community safety and responsive, trustworthy government. Surveillance technology is used to help OPD respond in a more timely and efficient manner to public safety concerns. OPD strives to use technology responsibly by following the departmental use policies and bringing the reports to PAC in a timely manner each year.
ALPR captures evidence of a crime and provides the intelligence to the OPD to further their investigations, identify trends, and identify potential person(s) of interest who may be related to said vehicles. Staff believes that ALPR scans can lead to aiding in successful investigations of homicides, carjacking, and robberies each year and that this tool provides value that meets or exceeds the privacy impact (given the security protocols that have always been in place). The impact and trauma to the community caused by violent crime cannot be measured. ALPR, however, is a tool that supports investigations by developing leads. This work helps OPD bring criminal perpetrators to justice in support of crime victims.
FLOCK has a proven track record and is utilized by local and neighboring agencies and community groups. The local networks allow agencies to communicate effectively and identify trends. FLOCK provides installation, network systems, training, and, most importantly, audits and transparency. Neighboring law enforcement agencies can audit their respective users with a click of a button and theoretically provide monthly or quarterly transparency reports to their respective cities via their websites.
FLOCK works with agencies in strategically placing and mounting cameras throughout the city.
FLOCK works with the Crime Analysis Unit, reviews hot spots associated to violent and property criminal activity, and identifies the major ingress and egress arteries and channels. Placing these mounted cameras strategically will allow the OPD to query locations when a specific crime occurred and quickly identify the vehicle(s) potentially used in the crime. Within the City of Oakland and throughout the Bay Area and California, non-law enforcement communities have established partnerships with FLOCK. The OPD will have access to and receive alerts from FLOCK systems installed within these communities. However, this is not a two-way system. FLOCK believes in confidentiality, non-law enforcement communities will not receive notification of any “hot list” hits, and only the OPD and other law enforcement partnerships will be notified. Currently, OPD is working with FLOCK to identify strategic locations to mount ALPR cameras should the FLOCK contract be approved. Although OPD has utilized prior ALPR mounted on OPD vehicles, the majority of cities have gone away from that type of installation, and FLOCK does not mount ALPRs on vehicles.
OPD understands and considers the privacy of its community and citizens. The OPD met with the PAC on multiple occasions to discuss privacy considerations. After multiple meetings and discussions, the OPD and the PAC agreed to several items which had been previously Jestin D. Johnson
Subject: OPD License Plate Readers, FLOCK, and CHP Agreement Date: July 10, 2024 Page 8
City Council
July 16, 2024
discussed. The OPD and the PAC agreed on a healthy but limited retention timeline and reviewed other agencies’ timelines. It was agreed upon that 30-day retention would be sufficient for investigations and follow-ups. In the future, the retention period can always be reviewed during the annual report if needed. Additionally, adhering to the state law requirement of only sharing ALPR data with local and state agencies ensures that Oakland’s data will not be available to jurisdictions outside of the state of California. OPD has to request access from all agencies within California, and they have to give approval before OPD can conduct any searches for license plates. Agencies can approve or deny access. The same applies to outside agencies requesting access to OPD’s FLOCK cameras. They have to request access (see Attachment B), for which OPD can give access or deny approval. OPD can deny approval if it determines an outside agency is not abiding by its policies. OPD can also request access from Oakland community groups’ FLOCK cameras. Even if OPD has access to community groups’ cameras, those community groups cannot see OPD’s “hot list” hits. The community group can also deny or approve OPD access.
Our partnerships with federal agencies will not be impacted as we have OPD sworn staff assigned to specific task forces. However, sharing ALPR data with Immigrations and Customs Enforcement (ICE)/Customs and other states for the purpose of pursuing criminal charges or civil enforcement against individuals for obtaining, providing, or supporting reproductive health care services is prohibited by ALPR policy. The selection of an ALPR provider, which provides an auditing process, was another important step in meeting the PAC’s prior concerns about using this technology. Efficacy is a critical term regarding new technology and allows one to understand the success or the effectiveness of such technology. The OPD, along with the PAC, have created a successful use policy that allows the OPD to address criminal activity while also safeguarding and respecting the constitutional rights of all of Oakland’s communities.
Transparency is crucial, and the auditing capabilities which FLOCK provides will allow OPD to meet most of the reporting requirements in DGO I-12. OPD acknowledges it could not provide the PAC, the residents and the community of Oakland the efficacy they required without moving away from the outdated ALPR system. Although turning the current ALPR 3M (BOSS) system offline could be viewed as worrisome due to the crime levels, potential loss of evidentiary value, and the decrease in solvability rate, the ethical consideration of going offline outweighed the value of leaving the system in place. OPD believes that FLOCK will not only assist in criminal investigations but also provide the community of Oakland with the auditing and transparency it deserves.
FISCAL IMPACT
On October 17, 2023, OPD recommended that the City Council waive the competitive multiple-step solicitation process required for acquiring information technology systems and, to the extent necessary, the local and small local business enterprise program requirements for the proposed purchase. Due to the urgency of completing this contract and installing and using the equipment, waiving the requirements will expedite the process. FLOCK is the most frequently utilized ALPR system in the Bay Area, is used by most Law Enforcement agencies, and meets the criteria for PAC. The City Council agreed to the waiver on October 17, 2023.
Jestin D. Johnson
Subject: OPD License Plate Readers, FLOCK, and CHP Agreement Date: July 10, 2024 Page 9
City Council
July 16, 2024
OPD previously asked that the City Council accept and appropriate the $1.2 million of state funding for FLOCK software and hardware products. See Table 1 for the previously approved costs. Year 1 costs include the FLOCK operating system, 300 FLOCK Safety Falcon, and professional costs. Years 2 and 3 are recurring safety platform subscription costs. Table 2 provides a breakdown of FLOCK funding.
Table 1: FLOCK Safety System Contract Costs
FLOCK contract dates Costs
November 1, 2023-October 31, 2024 $1,077,500
November 1, 2024-October 31, 2025 $900,000
November 1, 2025-October 31, 2026 $900,000
TOTAL $2,877,500
Table 2: FLOCK Funding Breakdown (based on a November 2023 contract start)
Fiscal Year Funding
November 1, 2023-June 30, 2024 $718,333 from state funds July 1, 2024-June 30, 2025 $359,167 from state funds;
remainder TBD
July 1, 2025-June 30, 2026 TBD
July 1, 2026-October 31, 2026 TBD
TOTAL
The city agreed to accept and appropriate the $1.2 million of state funding for FLOCK software and hardware products as is referenced in Table 1 and Table 2 above. It was later discovered this funding does not exist.
Updated Fiscal Impact:
The City of Oakland (OPD) has earmarked one million five hundred thousand ($1.5million) US Dollars for Flock Automated License Plate Reader (ALPR) System. Under the present FLOCK- CHP Agreement and associated MOUs, the cost for installation in Year one would total nine hundred and seventy thousand six hundred ($970,600) US Dollars. OPD is assuming 10 percent (10%) of installed cameras, approximately twenty-nine (29) cameras, could require adjustment, repair, or replacement and estimates a budget of twenty-three thousand two hundred ($23,000) US Dollars for such work. The total cost shall not exceed ninety-three thousand and eight hundred ($993,800) US Dollars to reimburse the California Highway Patrol for year one only. It should be noted that since the cameras have yet to be installed, OPD will pay a pro-rated portion of the year one total, based on the camera installation date.
If, after the first year, OPD wants to continue the use of the FLOCK Camera System, OPD will need to execute a new Master Services Agreement directly with FLOCK. OPD estimates that the recurring cost for subsequent years will be approximately nine hundred thousand dollars Jestin D. Johnson
Subject: OPD License Plate Readers, FLOCK, and CHP Agreement Date: July 10, 2024 Page 10
City Council
July 16, 2024
($900,000) for the two hundred and ninety (290) cameras and would assume a ten percent (10%) repair/replacement budget of twenty-three thousand two hundred dollars ($23,200) for a total estimated cost of nine hundred twenty-three thousand two hundred dollars ($923,200) per year. OPD would request these funds in the 2025-2027 budget cycle process.
PUBLIC OUTREACH / INTEREST
OPD presented its annual report to PAC in July 2023. It was approved by the committee.
OPD met with PAC for ad hoc meeting regarding the use policy.
OPD presented the ALPR use policy to the PAC in their October 5, 2023, meeting. They voted to approve the policy.
OPD presented the revised ALPR use policy, the MOU between CHP and Oakland, and the MOU between FLOCK and Oakland to the PAC in their July 9, 2024, meeting. They voted to approve the policy with minor recommended changes, which were incorporated into the revised use policy (see Attachment A).
COORDINATION
OPD met with PAC commissioners and Office of the City Attorney regarding the ALPR use policy. This report was reviewed by the Office of the City Attorney and the Budget Bureau.
SUSTAINABLE OPPORTUNITIES
Economic: There is no economic impact associated with this report.
Environmental: There are no environmental impacts associated with this report.
Race and Equity : The Oakland Police Department is committed to ensuring that the implementation of Flock Automatic License Plate Recognition (ALPR) cameras aligns with our dedication to constitutional policing. We recognize the historical and systemic inequities that have disproportionately impacted communities of color, particularly in the realm of law enforcement. Therefore, the deployment of ALPR technology was guided by a data- based approach.
To further increase public trust, OPD has committed to utilizing the Flock Transparency Portal.
This online repository will provide the public access to detailed information about how many cameras are being utilized, document the retention period of data (30 days), displays what other organizations have access to OPD ALPR data, and will allow users to download an export to show how the system is being queried for information.
Jestin D. Johnson
Subject: OPD License Plate Readers, FLOCK, and CHP Agreement Date: July 10, 2024 Page 11
City Council
July 16, 2024
ACTION REQUESTED OF THE CITY COUNCIL
S
taff Recommends That City Council Adopt A Resolution:
(
1) Approving The Oakland Police Department’s Revised Automated License Plate Reader Use (ALPR) Policy;
(2) Authorizing The City Administrator To Enter In To A Memorandum Of Understanding (MOU) W
ith The California Highway Patrol (CHP) For CHP And The City Of Oakland To Share ALPR Data With Each Other For Ongoing Investigations;
(
3) Authorizing The City Administrator To Enter Into A MOU With FLOCK Safety (FLOCK) Affirming That FLOCK Will Install ALPR Cameras In The City Of Oakland And Provide The O
akland Police Department With Access To FLOCK’s ALPR System; And (4) Authorizing The City Administrator To Appropriate Nine Hundred And Seventy Thousand Six Hundred Dollars ($970,600), Plus The Cost Of Repair For Ten Percent Of ALPR Cameras In The Fi
rst Year Of Use At A Cost Of Twenty-Three Thousand Two Hundred Dollars ($23,200), For A Total Cost Not To Exceed Nine Hundred Ninety-Three Thousand And Eight Hundred Dollars ($993,800) To Reimburse The CHP
For ques
tions regarding this report, please contact Lt. Omar Daza-Quiroz at odaza- [email protected].
Reviewed by:
O
mar Daza-Quiroz
Lieutenant, OPD, CID
Dr
. Carlo Beckman
Manager II, OPD, Research and Planning Unit
Prepared by:
Jestin D. Johnson
Subject: OPD License Plate Readers, FLOCK, and CHP Agreement Date: July 10, 2024 Page 12
City Council
July 16, 2024
Dr
. Tracey Jones, Police Services Manager
OPD, Research and Planning Unit
A
ttachments (5):
A. ALPR DGO 1-12
B. ALPR data request form
C. City of Oakland-CHP MOU
D. City of Oakland-Flock MOU
E. ALPR Impact Report