2646873v9 / Attorney Initials - updated 1/9/2022
1 APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION: ( 1) ACCEPTING THE 2025 ANNUAL REPORT S FOR
THE FOLLOWING CITY OF OAKLAND POLICE DEPARTMENT
SURVEILLANCE TECHNOLOGIES: ( A) AUTOMATED LICENSE
PLATE READERS ; ( B) CRIME LAB BIOMETRICS DNA ANALYSIS
TECHNOLOGY; (C) FORWARD LOOKING INFRARED (FLIR); (D) LIVE STREAM TRANSMITTER; (E) UNMANNED AERIAL SYSTEM (UAS OR
DRONE) ; (F) FORENSIC LOGIC COPLINK/CRIMETRACER SYSTEM ; (G) PEN REGISTER ; AND (H) CELLEBRITE; AND ( 2) MAKING A
DETERMINATION REGARDING WHETHER THE CITY SHOULD
CONTINUE TO USE EACH OF THESE TECHNOLOGIES
WHEREAS, Oakland Municipal Code (OMC) Chapter 9.64 (the Surveillance Technology Ordinance) regulates the City’s use of surveillance technolog y and among other things requires that City Council must approve City staff’s use of Surveillance Technology; and
WHEREAS, OMC Section 9.64.040 provides that following City Council’s initial approval of Surveillance Technology, the following must occur for City staff to continue to use the technology:
• City staff submits an Annual Surveillance Report with information on subject surveillance technology program outcomes to the Privacy Advisory Commission (PAC);
• After review by the PAC, City staff submits the Annual Surveillance Report, and the PAC’s recommendations, to the City Council;
• The PAC makes a recommendation to the City Council that the benefits to the community of the surveillance technology in question outweigh the costs and that civil liberties and civil rights are safeguarded; that use of the surveillance technology cease; or propose modifications to the corresponding surveillance use policy that will resolve the concerns;
• Based upon information provided in City staff's Annual Surveillance Report and after considering the recommendation of the PAC, the City Council makes a
determination that the benefits to the community of the surveillance technology outweigh the costs (cost -benefit determination); that the proposal will safeguard civil liberties and civil rights, and that no alternative with a lesser economic cost or impact on civil rights or civil liberties would be as effective; and
WHEREAS, on April 2, 2026, City staff presented the Annual Surveillance Report for Cellebrite to the PAC; and
WHEREAS, at their April 2, 2026, meeting, after consideration of the Annual Surveillance Report for Cellebrite the PAC made a recommendation to the City Council that the benefits to the community of the surveillance technology in question outweigh the costs and that civil liberties and civil rights are safeguarded and to approve continued use of the technology; and
WHEREAS, on April 2, 2026, City staff presented the Annual Surveillance Report for the Forensic Logic CopLink/Crimetracer to the PAC; and
WHEREAS, at their April 2, 2026, meeting, after consideration of the Annual Surveillance Report for Forensic Logic CopLink/Crimetracer , the PAC made a recommendation to the City Council that the benefits to the community of the surveillance technology in question outweigh the costs and that civil liberties and civil rights are safeguarded and to approve continued use of the technology; and
WHEREAS, on April 2, 2026, City staff presented the Annual Surveillance Report for the Pen Register to the PAC; and
WHEREAS, at their April 2, 2026, meeting, after consideration of the Annual Surveillance Report for the Pen Register, the PAC made a recommendation to the City Council that the benefits to the community of the surveillance technology in question outweigh the costs and that civil liberties and civil rights are safeguarded and to approve continued use of the technology; and
WHEREAS, on June 4, 2026, City staff presented the Annual Surveillance Report for the ALPR to the PAC; and
WHEREAS, at their June 4, 2026, meeting, after consideration of the Annual Surveillance Report for ALPR, the PAC made a recommendation to the City Council that the benefits to the community of the surveillance technology in question outweigh the costs and that civil liberties and civil rights are safeguarded and to approve continued use of the technology; and
WHEREAS, on June 4, 2026, City staff presented the Annual Surveillance Report for the FLIR to the PAC; and
WHEREAS, at their June 4, 2026, meeting, after consideration of the Annual Surveillance Report for FLIR, the PAC made a recommendation to the City Council that the benefits to the community of the surveillance technology in question outweigh the costs and that civil liberties and civil rights are safeguarded and to approve continued use of the technology; and
WHEREAS, on June 4, 2026, City staff presented the Annual Surveillance Report for the UAS/Drones to the PAC; and
WHEREAS, at their June 4, 2026 meeting, after consideration of the Annual Surveillance Report for UAS/Drones, the PAC made a recommendation to the City Council that the benefits to the community of the surveillance technology in question outweigh the costs and that civil liberties and civil rights are safeguarded and to approve continued use of the technology; and
WHEREAS, on June 4, 2026, City staff presented the Annual Surveillance Report for the Live Stream to the PAC; and
WHEREAS, at their June 4, 2026 meeting, after consideration of the Annual Surveillance Report for Live Stream, the PAC made a recommendation to the City Council that the benefits to the community of the surveillance technology in question outweigh the costs and that civil liberties and civil rights are safeguarded and to approve continued use of the technology; now, therefore, be it
WHEREAS, on June 4, 2026, City staff presented the Annual Surveillance Report for the Biometrics Crime Lab to the PAC; and
WHEREAS, at their June 4, 2026 meeting, after consideration of the Annual Surveillance Report for Biometrics Crime Lab, the PAC made a recommendation to the City Council that the benefits to the community of the surveillance technology in question outweigh the costs and that civil liberties and civil rights are safeguarded and to approve continued use of the technology; now, therefore, be it
RESOLVED: That the City Council hereby accepts the Annual Reports for following Surveillance technologies:
(1) Cellebrite (Attachment A)
(2) Forensic Logic Coplink/Crimetracer System (Attachment A) (3) Pen Register (Attachment A)
(4) UAS/Drones (Attachment B)
(5) FLIR (Attachment C)
(6) Biometrics Crime Lab (Attachment D)
(7) ALPR (Attachment E)
(8) Livestream (Attachment F); and be it
FURTHER RESOLVED: That pursuant to OMC Section 9.64.040.2, based upon the information provided in City staff’s Annual Surveillance Report and after considering the recommendation of the PAC referenced above and discussed in the Agenda Report accompanying this resolution, the City Council hereby finds that for each form of Surveillance Technology listed above, the benefits to the community of the surveillance technology outweigh the costs (cost - benefit determination); that the proposal will safeguard civil liberties and civi l rights, and that no alternative with a lesser economic cost or impact on civil rights or civil liberties would be as effective; and so upholds the authorization of the City Administrator to continue to use these forms of Surveillance Technology.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG, AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
3473940/AS