CITY ATTORNEY
Sonia R. Carvalho
CITY MANAGER
Alvaro Nuñez
CITY CLERK
Jennifer L. Hall
20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org Councilmember-Requested Item Report
DATE
October 6, 2026
TOPIC
Flock Agreement
COUNCILMEMBER-REQUESTED ITEM TITLE
Discuss and Consider Directing the City Manager to Direct Staff as Follows: (1) Report Back to the City Council Within 30 Days on the City's Agreements with Flock Group, Inc. (Agreement No. A-2025-059) and Motorola Solutions, Inc. (Agreement No. A-2025-060) for Automated License Plate Recognition Services, Including All Options and Costs to Terminate, Suspend, or Not Renew Each Agreement; (2) Present the One Year Update from Staff That the City Council Directed When It Approved the Agreements on May 6, 2025, Including Data on the System's Effectiveness; and (3) Report on All Outside Agency Access to the City's ALPR Data, Including Searches Conducted by the Northern California Regional Intelligence Center, and the City's Compliance with California Civil Code Section 1798.90.5 et seq. (SB 34) and SAPD Policy 436
DISCUSSION
Background
On May 6, 2025, the City Council approved two agreements on a 4 to 3 vote:
• Agreement No. A-2025-059 with Flock Group, Inc.: a three year agreement, not to exceed $211,560, for 24 fixed ALPR cameras.
• Agreement No. A-2025-060 with Motorola Solutions, Inc.: a five year agreement, not to exceed $494,099, for 24 fixed ALPR cameras and mobile ALPR units on 4 patrol vehicles.
During the discussion, I raised concerns about third party data sharing, records retention, and personal identifying information collected by the system. The City Council, in its motion approving both agreements with Flock and Motorola, requested a one-year update from staff. That update was due in May 2026 and has not been presented.
The staff report said Flock was selected in part because it provides access to an extensive network of outside law enforcement agencies' data. The City purchased extended data retention of up to one year for every Flock camera; Flock's standard retention period is 30 days.
CITY ATTORNEY
Sonia R. Carvalho
CITY MANAGER
Alvaro Nuñez
CITY CLERK
Jennifer L. Hall
20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org In August 2026, reporting based on public records released by the City showed that the Northern California Regional Intelligence Center (NCRIC) ran more than 27,000 searches accessing Santa Ana's Flock network over 6 months. The search logs name:
• U.S. Department of Justice
• FBI
• ATF
• U.S. Marshals
• DEA
• U.S. Forest Service
• IRS
• An agency in Washington State
State law limits the sharing of ALPR data to California public agencies, and the Attorney General has advised that federal and out of state agencies are not included. The City has no memorandum of understanding with NCRIC on file.
Neither agreement allows the City to terminate at will. Each contains specific provisions for termination, nonrenewal or early exit that carry different costs and timelines. The Flock agreement renews automatically for 24 months unless notice is given. Santa Ana residents deserve a clear accounting of who has accessed this data, whether that access complied with state law, and what the City's options are. This item asks staff to provide that information so the City Council can make an informed decision in public.
Recommended Action
Direct the City Manager to direct staff to return to the City Council within 30 days with a report that includes:
1. Contract status. For each agreement:
o The date the term began (for Flock, the date cameras were validated as operational)
o Current term end dates
o Invoices paid to date
o The date and amount of each remaining scheduled payment
2. Termination options and costs for Agreement No. A-2025-059 (Flock) o Termination for non-appropriation under Section 11.15, on 30 days' written notice
o Termination for uncured material breach under Section 7.2 o Notice of nonrenewal under Section 7.1
o Any negotiated mutual termination
o Confirmation that the agreement will not renew automatically without City Council action
3. Termination options and costs for Agreement No. A-2025-060 (Motorola) o Termination for uncured material breach under MCA Section 3.2 o Any negotiated mutual termination
o A calculation of the early termination payment under Vigilant Addendum Section 4.6.2, based on the equipment MSRP and the months remaining in the Commitment Term
CITY ATTORNEY
Sonia R. Carvalho
CITY MANAGER
Alvaro Nuñez
CITY CLERK
Jennifer L. Hall
20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org
4. The one-year update. The update from staff the Council directed on May 6, 2025, including:
o Stolen vehicles recovered
o Missing persons located
o Cases in which ALPR data contributed to an arrest or solved crime o Confirmation of number of employees accessing this system
5. Outside agency access. For both systems, now and since installation:
o A complete list of every outside agency with access to the City's ALPR data
o All data sharing settings in use, including any Flock national lookup participation and any Motorola Vehicle Manager sharing
o Total outside searches by agency
o A specific accounting of searches by the Northern California Regional Intelligence Center, including any conducted on behalf of federal or out-ofstate agencies o Whether any memorandum of understanding governs that access
6. Legal analysis by the City Attorney's Office
o Whether the access described in item 5 complied with Civil Code Section 1798.90.55(b), SAPD Policy 436, and the City's sanctuary city ordinance o Whether any such access gives the City grounds to terminate for material breach under either agreement
7. Data retention and vendor data rights
o Whether the City has adopted a retention policy for ALPR data o Options to reduce the 365-day retention period purchased under the Flock Order Form
o The retention period currently set for the Motorola system o An analysis of each vendor's rights to use or disclose City data, including Flock MSA Sections 4.3 and 5.3 and Motorola MCA Section 10.4.1
8. Fiscal impact
o Total spent to date from the SLESA Law Enforcement Grants fund o Remaining appropriations for these agreements
o Eligible alternative uses of those funds within SLESA requirements if either agreement ends
9. Interim direction
o Pending the report, direct the City Manager to disable all outside agency access to the City's ALPR data, to the extent permitted under the agreements
SUBMITTED BY
Councilwoman Jessie Lopez
EXHIBIT(S)
N/A