REPORT TO COUNCIL
SUBJECT
Title
Discussion and Possible Action Regarding the Data Retention Policies, Uses, and Agreement with FLOCK Group for Stationary Automated License Plate Readers
Report
BACKGROUND
The deployment and use of stationary (fixed) Automated License Plate Reader (ALPR) technology has evolved as a critical tool for modern law enforcement agencies, enabling the automated capture and analysis of vehicle license plate information. The City of Sunnyvale’s Department of Public Safety (DPS) leverages ALPR technology to enhance public safety, support criminal investigations and facilitate interagency cooperation. The deployment of fixed ALPRs aligns with the City’s General Plan goals for a safe and secure community, specifically supporting rapid emergency response, crime prevention, and strengthening police-community partnerships. The City’s existing policy framework, including DPS Lexipol Policy 431, provides guidance for the implementation and use of ALPR readers and ensures the security of collected data. ALPR systems provide the ability to deliver real-time alerts and can be shared with neighboring jurisdictions to support regional law enforcement efforts.
The City’s approach to utilizing ALPR technology includes a commitment to transparency, data security, and the responsible use of emerging public safety technologies. The Department of Public Safety conducted a community meeting to discuss the fixed ALPR program on October 31, 2023. Community members were provided with information on the intended use of the fixed ALPR technology, data security measures, and privacy protections and given an opportunity to provide feedback. On February 15, 2024, the Council discussed and approved Budget Proposal 2024-02, “Purchase and Install Fixed Automatic License Plate Reader (ALPR) Devices to Enhance Public Safety and Assist the Department of Public Safety with Criminal Investigations.” The fixed ALPR devices went live in October 2024.
EXISTING POLICY
Existing Policy Framework
AB 34: In 2015 California adopted comprehensive ALPR regulations for any police agency utilizing the technology to implement data safety and security provisions, as well as limitations on sharing with the federal government.
AB 54: Effective January 1, 2018, also known as the California Values Act, state law provides that no local agency shall use local resources including ALPR data to assist with federal immigration enforcement. Sharing local resources is still permissible in other contexts, such as federal criminal investigations.
DPS Lexipol Policy 431: Automated License Plate Readers: The Department of Public Safety (DPS) policy supports the implementation of fixed Automated License Plate Readers (ALPR) to assist in solving and preventing crime, locate missing or endangered persons, and locate stolen vehicles.
General Plan Goal SN-3, Safe and Secure City: Ensure a safe and secure environment for people and property by providing effective public safety response, prevention, and education services.
General Plan Goal SN-4: Increase Public Confidence in Police Services
General Plan Policy SN-3.1: Provide rapid and timely response to all emergencies.
General Plan Policy SN-3.2: Control conduct recognized as threatening to life and property.
General Plan Policy SN-3.3: Provide investigative services directed toward successful prosecution and conviction of criminal offenders.
General Plan Policy SN-3.4: Reduce crime and fear by strengthening the police/community partnership.
ENVIRONMENTAL REVIEW
The action being considered does not require environmental review under the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that the action will have a significant impact on the environment. (CEQA Guidelines, Section 15061(b)(3)).
DISCUSSION
The City’s ALPR program is an investigative tool that supplements traditional police work. Sunnyvale’s network of license plate readers supports Public Safety personnel by identifying stolen vehicles entering the city, detecting vehicles associated with reported crimes, developing investigative leads, confirming timelines, and narrowing potential suspects.
Fixed ALPRs are mounted in strategic public locations on major thoroughfares and at entrances and exits in the city. Sunnyvale currently has 20 fixed ALPRs. The readers capture a point-in-time of a passing car, including physical characteristics of the car and license plate. The readers are angled in a way that they do not capture photos of vehicle occupants. The readers are not programed with facial-recognition abilities. Sunnyvale’s ALPR systems do not collect or store personal identifying information and do not contain vehicle registration information. Images captured by the readers are retained for 30 days and then automatically deleted, unless authorized Public Safety personnel preserve them for a criminal investigation.
Using traditional methods of police investigation, locating a specific vehicle is often a daunting task that requires a substantial amount of time and resources to investigate tips and gather private surveillance video from multiple properties along likely travel routes. By the time the vehicle is found, if it is found at all, critical evidence or even lives may be lost. ALPRs instantly compile license plate numbers that are visible in public locations where vehicles are traveling.
Another benefit to the City’s fixed ALPR program is its ability to facilitate seamless information exchange with neighboring jurisdictions, supporting cross-jurisdictional investigations. The effectiveness of regional crime prevention, response and investigative efforts is tied into the adoption of fixed ALPR technology and information sharing by neighboring jurisdictions in Santa Clara County, the broader Bay Area, and State. ALPR systems provide the ability to assist in rapidly identifying vehicles associated with crimes, stolen vehicles, and assist in time-sensitive investigations involving violent offenses and missing persons. By capturing license plate information and vehicle descriptors at specific locations, these systems enable investigators to develop leads quickly during critical investigative windows. ALPR technology can significantly reduce the time required to identify suspect vehicles or corroborate witness information. This improves investigative efficiency by allowing personnel to focus enforcement efforts on specific vehicles linked to criminal activity rather than conducting broad or generalized enforcement operations.
The effectiveness of fixed ALPR technology increases significantly when it operates within a regional network. Criminal activity often involves individuals and vehicles that cross jurisdictional boundaries, particularly in cases involving organized retail theft, vehicle theft rings, burglary crews, and other mobile criminal activity involving a car. A regional network allows investigators to identify patterns, identify vehicles involved in multiple incidents across cities or counties and develop investigative leads that would not be possible if each jurisdiction operated independently.
Since the October 2024 implementation of the fixed ALPR program in Sunnyvale, data reflects that the program has shown significant investigative value. In addition to identifying stolen vehicles, ALPRs have been used in investigations involving robberies, homicides, and other serious crimes. DPS has received more than 28,000 alerts related to stolen cars, stolen license plates, missing people, or vehicles associated to criminal activity. DPS has utilized fixed ALPR data to support more than 140 investigations and used this information for the arrest of 61 suspects.
For example, through mid 2024 and into 2025, the City had been experiencing multiple brazen violent takeover-style robberies targeting our Indian community that resulted in physical injuries to retailers and terrorizing customers who happened to be in the shops at the time. In 2025, ALPRs played a critical role in preventing a violent takeover-style robbery at an Indian jewelry store by alerting Public Safety to multiple stolen vehicles entering the city. Five arrests were made in connection with that case.
In another example, ALPRs were instrumental in 2026 in locating an elderly woman who had been reported missing. Public Safety personnel used the system to identify her vehicle, locate her safely, and ensure she was unharmed before returning her home.
In accordance with state law and DPS policy, numerous safeguards are in place in Sunnyvale to protect the privacy of individuals and the integrity of the data. In 2015, the Legislature passed SB 34 regarding retention of ALPR data and limiting the use of such data. In 2018, the Legislature passed SB 54 known as the California Values Act that restricted local agencies from cooperating with federal immigration enforcement. The Department of Justice has notified California law enforcement agencies that SB 54 precludes sharing ALPR data for federal immigration purposes.
DPS developed Lexipol Policy 431 (Attachment 3) in advance of the program roll-out. In addition to state law, DPS recognized that the use of this technology required clear governance, transparency and safeguards to ensure compliance with California law and to maintain public trust. The policy provides that use of the ALPR data is limited by state law and that access is limited to authorized personnel.
In recent months, a few California agencies have chosen to end their fixed ALPR contracts. However, given the recent review and audit of the safeguards in place, coupled with measurable public safety results, DPS continues to believe that the current system is an appropriate and important investigatory tool for the department.
DPS conducted a comprehensive review of its ALPR system, network audit logs, and associated access controls. The review confirmed there has been no access to Sunnyvale data from entities outside the State of California. In addition, the City’s IT department also conducted an audit of the system and its security protocols to provide a comprehensive evaluation of the platform, access to the system, and its safeguards. Their audit confirmed the City’s fixed ALPR system is not configured to share data with federal immigration enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE) (Attachment 2).
To ensure Public Safety maintains the highest level of public trust and accountability, staff is proposing a three-pronged approach to the use of ALPR technology in Sunnyvale:
1. Annual Independent Information Technology Department (ITD) Audit: The City’s Information Technology Department will conduct an annual audit of the fixed ALPR system to ensure appropriate security protocols are in place that prevent unauthorized access and verify that system controls and data-sharing settings are properly configured. ITD will produce a written report that will be presented to the City Manager and Director of Public Safety.
2. Annual Public Report: Public Safety will provide an annual information report to the City Council on the use of the ALPR system, which will include the findings of the IT audit.
3. Ongoing Legal Compliance: Public Safety will continue to monitor state legislation and ensure the ALPR system is used in compliance with all applicable laws and best practices that protect privacy rights.
These measures are intended to ensure that the operational benefits of ALPR technology are balanced with strong privacy protections, accountability and responsible oversight.
The City’s current contract runs through 2027. Currently, the market for this technology is still evolving with new vendors coming onto the market incrementally. Staff will continue to stay current with the latest technology options in this space and evaluate prior to the conclusion of the current agreement.
FISCAL IMPACT
Review of the fixed ALPR system and its associated safeguards was conducted using existing staff resources, there are no anticipated fiscal impacts associated with the review. Annual audits can be conducted with existing staff resources.
The total contract amount for Flock is $213,500 over a three-year term (Attachment 1, Service Agreement). The cost for this service was appropriated to the Department of Public Safety operating budget in FY24/25.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
ALTERNATIVES
1. Maintain the City’s current fixed ALPR system with stronger oversight measures to include an annual audit conducted by Public Safety and the Information Technology Department, provide the City Council with an annual report of the ALPR system, monitor state legislation, and reevaluate program and vendor options prior to 2027 contract renewal.
2. Maintain the City’s current fixed ALPR system, policies, and oversight practices with no modifications.
3. Provide alternative direction to staff regarding the City’s fixed ALPR program as determined by the City Council.
STAFF RECOMMENDATION
Recommendation
Alternative 1: Maintain the City’s current fixed ALPR system with stronger oversight measures to include an annual audit conducted by Public Safety and ITD, provide the City Council with an annual report of the ALPR system, monitor state legislation, and reevaluate program and vendor options prior to 2027 contract renewal.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
_X_ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
_ __ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Ava Fanucchi, Deputy Chief
Reviewed by: Dan Pistor, Director, Department of Public Safety
Reviewed by: Connie Verceles, Deputy City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Flock Safety Master Services Agreement
2. Audit Findings of City’s Flock Safety System Settings and Logs
3. Lexipol Policy 431