HomeMy WebLinkAboutRes 2018-62 - Implement Automated License Plate Reader SystmResolution No. 2018-62
STAFF REPORT
CITY OF PALM DESERT
ADMINISTRATIVE SERVICES DEPARTMENT
MEETING DATE: July 12, 2018
PREPARED BY: Stephen Y. Aryan, Risk Manager
REQUEST: Approval of Resolution No. 2018- 62 a resolution of the City
Council of the City of Palm Desert, California, approving the
implementation of an automated license plate reader system within
the City's jurisdictional boundaries.
Recommendation
By Minute Motion, waive further reading and adopt Resolution No. 2018- 62
and direct staff to prepare and approve any necessary amendments to
Contract No. C33630 (Law Enforcement Services Agreement) related to this
matter.
Commission Recommendation
The Public Safety Commission does not meet in July and August, but staff will
provide an update on this matter at their next meeting.
Strategic Plan
This item is keeping with the intent of Public Safety and Emergency Services section
of the Palm Desert Strategic Plan, specifically under Priority 1: Enhance the delivery
of public safety services. The priority's strategy is to expand the existing superlative
services provided by the fire and police departments to address future growth and
safety concerns. The recommended resolution assists in meeting this goal by
ensuring the Police Department can utilize existing Automated License Plate Reader
System technology, to assist in identifying stolen or wanted vehicles, vehicles
associated with missing or wanted people, and stolen license plates.
Executive Summary
SB 34 (Hill) became law in 2016, requiring that public agencies that operate, or intend
to operate, an Automated License Plate Reader System (ALPR), provide an
opportunity for public comment at a regularly scheduled meeting of their governing
body prior to implementing the program. After providing the public an opportunity to
comment, the City Council may adopt the attached Resolution that will (a) implement
the ALPR System; (b) authorize Sheriff's Department to use the ALPR system in the
City; and (c) direct staff to prepare and approve any necessary amendments to the
current Sheriff Department's contract to effectuate the same.
Staff Report: Automated License Plate Reader System Public Hearing
July 12, 2018
Page 2 of 3
Background
For several years, the Sheriff's Department has used an Automated License Plate
Reader System ("ALPR System") in Riverside County. The ALPR System consists of
cameras that automatically take photographs of vehicle license plates, which are then
translated into letters and numbers. The resulting data is compared to law enforcement
databases to see if the vehicle has been reported stolen, wanted for being used in a
crime, or is displaying lost or stolen license plates.
If a license plate number is found to be wanted, the system alerts the deputy driving so
they can investigate further. Prior to any enforcement activity being initiated, deputies
are required to verify the alert with dispatch or directly via the California Law
Enforcement Telecommunications System ("CLETS"). The Automated License Plate
Reader data is only accessible by law enforcement personnel for official investigative
purposes and all access is logged by user.
The use of Automated License Plate Reader technology is a valuable law enforcement
tool. This technology assists in identifying stolen or wanted vehicles, vehicles
associated with missing or wanted people, and stolen license plates. For example, in
2016, there were approximately 1,350 vehicle thefts within the unincorporated areas of
Riverside County and approximately 1,150 recoveries. Within the Sheriff's contract
cities there were approximately 5,000 vehicle thefts with approximately 4,200
recoveries. The ALPR System was instrumental in several of those recoveries which led
to the arrest and prosecution of criminals and the quick recovery of the victim's vehicle.
The Sheriff's Department is committed to operating Automated License Plate Reader
technology in a measured means that balances personal privacy concerns and public
safety. The Sheriff's Department follows strict protocols in the access, storage and use
of Automated License Plate Reader data to ensure its integrity and compliance with
applicable laws. Automated License Plate Reader data is listed within the Riverside
County Records Management and Archive Policy and is purged two years after being
collected. Data may only be used for official law enforcement purposes, and cannot be
shared, transferred, or sold for any other use.
Sheriff employees are required to attend four hours of training about the ALPR system
and policy prior to being given access to the system. The Sheriff's Department's
Technical Services Bureau conducts annual audits of the system to ensure privacy and
security. The authorized vendor with access to the ALPR System is also required to
maintain security procedures and practices, including operational, administrative,
technical, and physical safeguards, to protect ALPR information from unauthorized
access, destruction, use, modification, or disclosure.
In 2016, Senate Bill 34 - "Automated License Plate Recognition Systems: Use of Data"
became law. The Civil Code now requires agencies using Automated License Plate
Reader systems, to post their policy on the agency's website and provide the
opportunity for public comment at a regularly scheduled public meeting of the agencies
governing body. The Sheriff's Department Automated License Plate Reader Policy is
posted on the Sheriff's Department's website at: http:!/www.riversidesheriff.orq/ and the
dates/locations of public comments will be added once finalized.
Staff Report: Automated License Plate Reader System Public Hearing
July 12, 2018
Page 3 of 3
Fiscal Analysis
There is no fiscal impact related to this matter.
LEGAL REVIEW
Robert W. Hargreaves
City Attorney
Attachments:
DEPT. REVIEW
FINANCIAL REVIEW CITY MANAGER
N/A
Lori Carney , Janet Moore
Director of Administrative Services Director of Finance
Lauri Aylaian
City Manager
1. Draft Resolution No. 2018-62
2. Riverside County Sheriff's Department Directive #16-074 -Automated License
Plate Reader (ALPR) Technology Usage and Privacy Protection (dated June 28,
2016).
RESOLUTION NO. 2018- 62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, APPROVING THE IMPLEMENTATION OF AN AUTOMATED LICENSE
PLATE READER SYSTEM WITHIN THE CITY'S JURISDICTIONAL BOUNDARIES.
WHEREAS, the City of Palm Desert ("City") is a charter city and a political
subdivision of the State of California; and
WHEREAS, the City contracts with the Riverside County Sheriff's Department ("Sheriff)
to provide police services within the City; and
WHEREAS, the Sheriff maintains an Automated License Plate Reader System Policy,
which is posted on the Sheriffs website; and
WHEREAS, pursuant to California Civil Code Section 1798.90.55, the City Council has
provided the public an opportunity to comment at a regularly scheduled public meeting
and has considered all comments offered at said meeting regarding the proposed
implementation of an Automated License Plate Reader System within the City's
jurisdictional boundaries; and
WHEREAS, the City Council authorizes the Sheriff to use the Automated License Plate
Reader System within the City's jurisdictional boundaries and directs City staff to
prepare and approve any necessary amendments to the current Sheriff's contract to
permit the Sherriff to implement an Automated License Plate Reader System within the
City's jurisdictional boundaries.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
PALM DESERT HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That based upon and in consideration of staff reports, presentations, public
comment, and such other matters presented to the City Council during the public
comment period on this matter, the City Council finds and declares the foregoing recitals
to be true and correct and incorporates the same as substantive findings herein.
SECTION 2_ That City Council authorize the Riverside County Sheriff's Department
("Sheriffs) implement an Automated License Plate Reader System within the City's
jurisdictional boundaries.
SECTION 3. That the City Council directs City staff to prepare and approve any necessary
amendments to the current Sheriff's contract and authorized the City Manager or his or
her designee to execute the same, as approved by the City Attorney.
SECTION 4. That the City Council declares that, should any provision, section,
paragraph, sentence or word of this Resolution or Automated License Plate Reader
System Policy be rendered or declared invalid by any final court action in a court of
competent jurisdiction or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences or words of this Resolution as hereby
adopted shall remain in full force and effect.
Resolution No. 2018-62
SECTION 5. That this Resolution shall take effect upon its adoption
SECTION 6. That the City Clerk shall certify as to the adoption of this Resolution and
shall cause the same to be processed in the manner required by law.
SECTION 7. That all provisions of any resolution in effect prior to the effective
date of this Resolution as adopted by the City Council that are in conflict with the
provisions of this Resolution, are hereby repealed.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, on this 12th day of July 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
SABBY JONATHAN, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
APPROVED AS TO FORM:
ROBERT HARGREAVES, CITY ATTORNEY
BEST BEST AND KRIEGER
TO:
RIVERSIDE COUNTY SHERIFF'S DEPARTMENT
STAN SNIFF, SHERIFF
All Personnel DATE: June 28, 2016
FROM: Stan Sniff, Sheriff Department Directive #16-074
Supersedes DD#15-0.59 and DD#10-019
RE: Automated License Plate Reader (ALPR) Technology Usage and Privacy
Protection
The use of Automated License Plate Reader (ALPR) technology is a valuable law enforcement
tool that can be beneficial in several ways, including assisting with identifying stolen or wanted
vehicles. vehicles associated with missing or wanted people. and stolen license plates. ALPR
systems and information are also useful to capture license plates and vehicle images in or near
crime scenes. identify locations and patterns where wanted vehicles were located or frequent, and
are an effective investigative resource. However. ALPR systems also inadvertently gather data
related to vehicles that are not directly related to a law enforcement purpose. so adequate
safeguards need to be followed to prevent data from being misused and ensure privacy is properly
protected. Therefore. appropriate protocols must be followed in the gathering, storage and use of
ALPR data to ensure its integrity, maintain community confidence. and comply with applicable
laws.
The use of ALPR systems and information is restricted to official and legitimate law enforcement
purposes only. Department members shall not use, or allow others to use. the ALPR equipment or
related database for any unauthorized purpose.
1. ALPR systems and information databases shall only be utilized by personnel employed by the
Department in conjunction with their assigned duties.
2. Department members shall verify ALPR alerts with CLETS or Dispatch before taking any
enforcement action.
3. No Department member may operate ALPR systems or access ALPR information without first
completing a Department -approved, four-hour training course. The Ben Clark Training Center
is responsible for establishing and maintaining this training course, which will be administered
at the station -level. At a minimum, this training will cover general ALPR use. legal
requirements, privacy issues, and ALPR data retention and destruction guidelines. At the
conclusion of the training course. each participant's unique ALPR system username and
password will be activated.
4. Department members shall only use their own assigned username and password when
accessing any ALPR system. Username and passwords are specific to each authorized
Department member and shall not be shared. When searchingALPR information, Department
Department Directive # 16-074
June 28, 2016
Page #2
members must document a justification for the inquiry (preferably a file number or other clear
identifier linking the access to a legitimate use).
5. ALPR information may be released to other authorized and verified law enforcement officials
and agencies for legitimate law enforcement purposes only. ALPR information gathered and
retained may be used and shared with prosecutors or others as required for criminal filings.
discovery. court proceeding, or other legal purpose. Under no circumstance may the
Department. or any Department member. sell, share or transfer ALPR data to anyone except
another public safety agency, or provide it for a commercial purpose.
6. Any printed ALPR information must be destroyed using a secure method (station and facility
specific). ALPR information shall not be disposed of in a regular trash or recycling bin.
7. Public record requests for ALPR related information shall be routed to Sheriffs
Administration for disposition in accordance with the California Public Records Act.
8. All electronic ALPR information will be securely stored on the ALPR database controlled by
the Sheriffs Technical Services Bureau (TSB). TSB shall maintain responsibility for protocols
involving information security, retention and destruction procedures. and compliance with
applicable privacy laws.
9. Sheriffs TSB will conduct system audits to ensure privacy and security. These audits will he
annually and follow a standard method query as determined by TSB. If the audit determines a
compromise in the ALPR system. the findings will immediately be reported to the Chief
Deputy of Support Services.
10. Department members using ALPR systems shall report errors they encounter by sending an
electronic mail to TSB. The email should include. at a minimum, the vehicle license plate
number, file number or case information used to access the ALPR information. a description
of the incorrect data, and how the information can be corrected. TSB will work to ensure
reasonable measures are taken to correct reported errors.
11. Authorized Department vendors with access to systems containing ALPR data shall maintain
reasonable security procedures and practices. including operational, administrative, technical,
and physical safeguards, to protect ALPR information from unauthorized access, destruction,
use. modification, or disclosure.
12. Sheriffs TSB will ensure a copy of this policy is appropriately placed on the Department's
website where it can be viewed by the general public. This requirement remains in effect as
long as the Department uses any ALPR system.
13. Sheriffs TSB will require that ALPR login and query records are retained for a period of two
years unless the information has been requested for investigative or other legal reasons. At a
minimum, these records must contain the following information:
Department Directive # 16-074
June 28, 2016
Page #3
a. The date and time ALPR information was accessed:
b. The username of the person who accessed the information;
c. The license plate number or other data elements used to query the ALPR system:
d. The stated purpose for accessing the information
EDP Code for ALPR Incidents:
To assist in identifying incidents where ALPR systems directly lead to the recovery of vehicles or
the arrest of suspects. an EDP code has been created. Effective immediately, the following EDP
code is to be utilized when reporting ALPR-related incidents: 25T1-N
The ALPR EDP code shall be used as a secondary EDP. and is required on any written report
where this technology was effectively utilized during an investigation. For example, if an
abandoned stolen vehicle is located via a notification from the ALPR system. the recovery should
be documented as a Stolen Vehicle Recovery and the corresponding EDP for the recovery should
be first on the Form A. On the second line of the Form A. "ALPR" should be entered in the offense
section and 25T1-N should be entered in the EDP code section. This practice will ensure proper
identification of ALPR-related incidents and crime trends.
Example:
li )III':,1'-1c):,1 LIMA!
10851(a) CVC Stolen Vehicle Recovery (Local)
„11i 5.1 n:): ,11 II,4 t 1I1,11
ALPR
Retention of ALPR Information:
. ! DP( ‘ ,1,1
01 15B1-N
11)1'C, 1,:
25T1-N
ALPR records retained by the Department will be maintained, safeguarded. and purged according
to all applicable laws and policies. Consistent with Government Code § 26202 and Riverside
County Records Management and Archive Policy A-43. raw ALPR information will he retained
for a period of two years. then deleted. ALPR data that may be needed for active or probable
litigation. is the subject of an active public records request. or is needed for auditing purposes shall
he maintained until the underlying matters are fully resolved before being deleted. ALPR
information documented in criminal and/or administrative reports will follow the same retention
period as the report. ALPR information placed in evidence will remain secured as evidence until
destroyed per Department policy. Deletion of ALPR data will follow the steps specified pursuant
to Board of Supervisors policy and in accordance with the Sheriff Department's records retention
schedule.
Official Custodian/ Owner of ALPR System and Information:
The Commander of TSB. acting on behalf of the Riverside County Sheriff's Department. is
responsible for implementing the provisions of this usage and privacy policy as the official
custodian/owner of the ALPR system, and ALPR information covered herein.
Department Directive # 16-074
June 28. 2016
Page #4
Public Hearin.:
Before implementing an ALPR program within Riverside County or any local jurisdiction, an
opportunity for public comment will be set at a regularly scheduled public meeting of the
appropriate local governing body. Once held, the dates and locations of these public comment
opportunities will be posted on the Sheriffs website for historical reference.
SS: zh
Sanchez, Gloria
From: Sanchez, Gloria
Sent: Monday, June 25, 2018 1:04 PM
To: legals@thedesertsun.com
Cc: Klassen, Rachelle; Rocha, Grace; Miller, Miriam
Subject: Legal Notice - Public Hearing 07/12/2018 - Automated License Plate Reader
Attachments: PH 07122018 - ALPR System.doc
City of Palm Desert Account No. TDS-300315 - Please REPLY ALL to confirm receipt of this email.
PLEASE PUBLISH THE FOLLOWING:
NOTICE OF PUBLIC HEARING
Notice of Public Hearing Regarding Approving the Implementation of an Automated License
Plate Reader System Within the City's Jurisdictional Boundaries
ONCE IN THE DESERT SUN
Saturday, June 30, 2018
If you have any questions or require additional information, please do not hesitate to contact me.
Thank you and have a nice day. O
NOTE: Lori Carney, Stephen Aryan, Amber Molina, and Brianne Lawson have all been blind -copied
on this e-mail.
M. Gloria Sanchez
Records Technician
Ph: 760.346.0611 Direct: 760.776.6354
gsanchez@cityofpalmdesert.org
www.cityofpalmdesert.org
i
CITY OF PALM DESERT
NOTICE OF PUBLIC HEARING
REGARDING APPROVING THE IMPLEMENTATION OF AN AUTOMATED LICENSE
PLATE READER SYSTEM WITHIN THE CITY'S JURISDICTIONAL BOUNDARIES.
Notice is hereby given by the CITY OF PALM DESERT that a PUBLIC HEARING will be
held before the PALM DESERT CITY COUNCIL at 4:00 p.m. on Thursday, July 12, 2018,
at the Palm Desert Civic Center Council Chamber, located at 73-510 Fred Waring Drive,
Palm Desert, California, to consider the following item:
SUBJECT: A Public Hearing to consider approval of a resolution of the City Council of the
City of Palm Desert, approving the implementation of an automated license plate reader
system within the City's jurisdictional boundaries.
ADDITIONAL INFORMATION: Any interested person may be present and comment at the
public meeting or may submit written comments concerning this matter. Any comments or
inquiries should be directed to the attention of Rachelle D. Klassen, City Clerk, City of Palm
Desert, 73-510 Fred Waring Drive, Palm Desert, CA 92260-2578; (760) 346-0611. Written
comments must be submitted no later than July 12, 2018, at 4:00 p.m.
Date: June 25, 2018.
RA HELLE D. KLASSEN CITY CLERK
CITY OF PALM DESERT, CALIFOR