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HomeMy WebLinkAbout04 - Two-Year Extension of Pilot Program to Permit Homeowner's Associations to Install Privately Operated Security Cameras within the Public Rights-of-WayQ SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report July 23, 2024 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: David Keely, Senior Civil Engineer - 949-644-3349, dkeely@newportbeachca.gov TITLE: Resolution No. 2024-48: Two -Year Extension of Pilot Program to Permit Homeowner's Associations to Install Privately Operated Security Cameras within the Public Rights -of -Way ABSTRACT: At the June 27, 2023, City Council meeting, the City Council adopted Resolution No. 2023-40 (Attachment B) approving a pilot program allowing up to 10 Homeowner's Associations (HOAs) to install privately operated security cameras within the public rights -of -way in residential neighborhoods. The pilot program is set to expire on September 30, 2024. Staff is requesting that the pilot program be extended for an additional two years, expiring on September 30, 2026. RECOMMENDATIONS: a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (Class 3: New Construction or Conversion of Small Structures) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; and b) Adopt Resolution No. 2024-48, A Resolution of the City Council of the City of Newport Beach, California, Extending the Pilot Program Permitting Qualifying Homeowner's Associations to Install Privately Operated Security Cameras Within the Public Rights -of -Way, and Waiving City Council Policy L-6, Encroachments in Public Rights -of -Way, in Regards Thereto. DISCUSSION: At the June 27, 2023, City Council meeting, the City Council adopted Resolution No. 2023-40 (Attachment B) approving a pilot program allowing up to 10 HOAs to install privately operated security cameras within the public rights -of -way in residential neighborhoods. The pilot program is set to expire on September 30, 2024. Staff is requesting that the pilot program be extended for an additional two years, expiring on September 30, 2026. The proposed pilot program extension will provide adequate time for the Police Department to implement the citywide Flock camera system, identify any coverage issues, and evaluate the benefits of the residential pilot program. The procedures, terms and conditions outlined in the original pilot program will remain unchanged with exception to the expiration date. 4-1 Two -Year Extension of Pilot Program to Permit Homeowner's Associations to Install Privately Operated Security Cameras within the Public Rights -of -Way July 23, 2024 Page 2 Two neighborhoods have requested and are currently operating security cameras within the current pilot program. The Shore Cliff neighborhood has installed four private security cameras in the public right-of-way. The Spyglass Hills Community Association has installed eight private security cameras within the public right-of-way. Attachment C shows the private security camera locations in both neighborhoods within the public right-of-way that have been permitted through the pilot program. Staff recommends that the City Council adopt Resolution No. 2024-48, waiving City Council Policy L-6 and extending the pilot program to permit privately operated security cameras within the public rights -of -way for an additional two years, expiring on September 30, 2026. Upon completion of the pilot program, the HOAs shall provide, upon request by the Police Department, and the Police Department shall review, any collected data and/or documented crime related impacts or results. The Police Department will then present a report documenting the results of the private security camera program, as well as its suggestions regarding continuation of the program, to the City Council. If the City Council determines the pilot program to be successful, and desires to continue the program, staff will revise City Council Policy L-6 to incorporate the privately operated security camera program into the policy. FISCAL IMPACT: The cost of installation, maintenance and management of the privately operated security cameras shall be the responsibility of the HOA. The HOA will also be responsible for all encroachment permit and encroachment agreement fees. During the pilot program, any rent associated with the use of the public right-of-way shall be waived. If the encroachments are allowed to remain after the pilot program, the City Council will reassess whether to impose a charge for use of the public right-of-way. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (Class 3: New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Class 3 allows the construction and location of limited number of new, small structures, including accessory structures. Project implementation would authorize the installation of privately operated security cameras and new poles within existing public rights -of -way. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of this exemption. The project location would not impact an environmental resource of hazardous or critical concern, would not result in cumulative impacts, would not have a significant effect on the environment due to unusual circumstances, would not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. 4-2 Two -Year Extension of Pilot Program to Permit Homeowner's Associations to Install Privately Operated Security Cameras within the Public Rights -of -Way July 23, 2024 Page 3 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Resolution No. 2024-48 Attachment B — Resolution No. 2023-40 Attachment C — Existing Pilot Program Private Security Camera Locations 4-3 ATTACHMENT A RESOLUTION NO. 2024- 48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, EXTENDING THE PILOT PROGRAM PERMITTING QUALIFYING HOMEOWNER'S ASSOCIATIONS TO INSTALL PRIVATELY OPERATED SECURITY CAMERAS WITHIN THE PUBLIC RIGHTS -OF -WAY, AND WAIVING CITY COUNCIL POLICY L-6, ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY, IN REGARDS THERETO WHEREAS, the City of Newport Beach ("City") is governed, in part, by its Charter, Municipal Code, and adopted City Council Policies; WHEREAS, it is the general policy of the City that the public rights -of -way shall be reserved for public use or open space, and that the rights of the public, present and future, shall not be diminished by the installation of private improvements within the public rights -of -way; WHEREAS, City Council Policy L-6, Encroachments in Public Rights -Of -Way, sets forth the policy and procedure for permitting private improvements within the public rights -of -way; WHEREAS, City Council Policy L-6 does not provide for the installation of private cameras within the public rights -of -way; WHEREAS, on June 27, 2023, the City Council adopted Resolution No. 2023- 40, establishing a temporary pilot program ("Pilot Program") to permit qualifying homeowner's associations to install privately operated security cameras within the public rights -of -way; WHEREAS, during the Pilot Program, homeowner's associations were permitted to install private security cameras within the public rights -of -way for their own private security purposes, and at their option, to provide law enforcement with data regarding suspected incidents of criminal activity; WHEREAS, participation in the Pilot Program enhanced the overall safety and security of those living within the participating homeowner's associations through the deterrent effect that public security cameras present to those considering illegal activity, and additionally, the ability to provide assistance to law enforcement in the apprehension of suspects to prevent repeat criminal behavior; HE Resolution No. 2024- Page 2 of 3 WHEREAS, the Pilot Program is set to expire on September 30, 2024; WHEREAS, based on the success of the Pilot Program, the City Council wishes to extend the Pilot Program for an additional two years to permit qualifying homeowner's associations to install privately operated security cameras within public rights -of -way; and WHEREAS, the City Council desires to waive City Council Policy L-6 to the extent it conflicts with the Pilot Program, and to waive any rent associated with the use of the public right-of-way for the term of the Pilot Program. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby approve a two year extension of the Pilot Program to permit qualifying homeowner's associations to install privately operated security cameras within the public rights -of -way, in accordance with the procedures, terms, and conditions set forth in in Exhibit 1, which is attached hereto and incorporated herein by reference. Section 2: Homeowner's Associations participating in the Pilot Program pursuant to Resolution No. 2023-40 may continue to participate in the Pilot Program as extended pursuant to this resolution, in accordance with the procedures, terms, and conditions set forth in Exhibit 1 attached hereto. Section 3: Resolution No. 2023-40 is hereby repealed. Section 4: The City Council does hereby waive City Council Policy L-6, Encroachments in Public Rights -of -Way, through September 30, 2026, to the extent that it conflicts with the terms of the Pilot Program adopted by this resolution. Section 5: The City Council does hereby waive any rent associated with the use of the public right-of-way for the term of the Pilot Program. Section 6: Except as expressly modified in this resolution, all other City Council Policies shall remain unchanged and shall be in full force and effect. Section 7: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 4-5 Resolution No. 2024- Page 3 of 3 Section 8: If any section, subsection, sentence, clause, or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 9: The City Council finds the adoption of this resolution and the amendment of the specified City Council Policies is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15303 (class 3 new construction or conversion of small structures), 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. Section 10: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 23,d day of July, 2024. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S FFICE -I-- C a on C. Harp City Attorney Attachment: Exhibit 1 — Pilot Program PILOT PROGRAM TO PERMIT HOMEOWNER'S ASSOCIATIONS TO INSTALL PRIVATELY OPERATED SECURITY CAMERAS WITHIN THE PUBLIC RIGHTS -OF -WAY I. PURPOSE The purpose of this pilot program ("Pilot Program") is to permit a qualifying Homeowner's Association ("HOA") to install private security cameras within the public rights -of -way for HOA security purposes. Additionally, the HOA may, but is not obligated to, provide information collected by the security cameras to law enforcement agencies to assist with investigations of instances of theft, vehicle burglary, property damage, traffic accidents, or other activity relevant to law enforcement that may occur in the neighborhood. II. APPLICATION The terms and conditions of this Pilot Program shall apply to the installation, operation, and maintenance of private security cameras within the public rights -of -way and shall be supplemental to City Council Policy L-6, Encroachments in Public Rights -of - Way. In the event of a conflict between the terms of Council Policy L-6 and the terms of this Pilot Program, the terms of this Pilot Program shall prevail. III. TERMINATION The City Council reserves the right to terminate this Pilot Program at any time, with or without cause. The term of the Pilot Program shall expire on September 30, 2026, unless the term is extended by the City Council. IV. QUALIFYING HOA A qualifying HOA shall be an HOA that: includes at least fifty (50) single -unit dwellings within a contiguous neighborhood, is registered and in good standing with the California Secretary of State, and manages a residential planned development in compliance with the Davis -Stirling Common Interest Development Act (Civ. Code §§4000-6150). This Pilot Program will permit up to ten (10) HOAs to install private security cameras within the public right-of-way. V. FEES During the Pilot Program, any rent associated with the use of the public right-of- way shall be waived. If the encroachment is allowed to remain after the Pilot Program, the City Council will reassess whether to impose a charge for use of the public right-of- way. 4-7 VI. APPLICATION FOR ENCROACHMENT PERMIT An application for an encroachment permit to install private security cameras within the public right-of-way, pursuant to this Pilot Program, shall be filed with the Public Works Department on a form provided by the Public Works Department. The application shall include the following information: A. A duly adopted resolution from the HOA approving, or requesting authorization for, the installation of private security cameras within the public right-of-way; B. A copy of all governing documents of the HOA, such as the declaration, bylaws, articles of incorporation or association, the HOA's operating rules, and the HOA's statement filed with the Secretary of State; C. Information regarding the make, manufacturer, type, and model of the security cameras to be installed; D. Identity and contact information for the third -party contractor/operator of the security camera system and any contractor or subcontractor who will be installing the system; and E. A site plan, drawn to scale and fully dimensioned, which accurately depicts the location, height, and extent of the proposed security cameras within the public right- of-way. VII. CONDITIONS The HOA shall comply with the following conditions: A. An encroachment permit and an encroachment agreement, reviewed and approved by the City Attorney's Office, shall be fully executed prior to the installation of security cameras and appurtenant items within the public right-of-way. B. During the Pilot Program, the HOA may install and maintain security cameras in the public right-of-way as authorized by the encroachment permit and the encroachment agreement for the term set forth in the permit, which may be extended by the City Council. C. City approved signage shall be posted providing notice to the public of the presence and operation of the security cameras. Signs shall be kept to a minimum, utilize industry standard forms and language. Signs shall be without any advertisements, commercial logos, or company names and placed at locations approved by the City. 2 ..; D. Security cameras shall be self-contained with solar or battery power and wireless communications. E. Security cameras shall be directed solely at public areas, such as streets, roadways, sidewalks, alleys, and other public spaces, and shall not capture or record any image of a private dwelling or locations where there is a reasonable expectation of privacy. Security cameras shall be fixed and shall not have pan, tilt, or zoom capabilities. F. Security cameras shall not utilize facial recognition and shall not capture audio. G. Information captured by security cameras shall be for the private use of the HOA. The HOA and any third -party contractor hired to operate the cameras or maintain the data shall keep such data confidential, and shall not disseminate, release, license, sell or distribute the data to other third parties except as required by law, or to a public law enforcement agency for official purposes. H. The HOA shall be solely responsible for the selection, purchase, installation, operation, and maintenance of the security camera system, including but not limited to, cameras, poles, solar power, wireless communication equipment, any other related or necessary appurtenances, and for all costs and fees associated therewith. I. The HOA shall provide the City with an emergency contact name and phone number who shall respond to the City within 24-hours of any communications from City regarding the security cameras or other matters related thereto. J. The HOA shall comply with all applicable provisions of law for the installation, operation, and maintenance of such systems, including but not limited to, utilizing appropriately licensed contractors, and obtaining other applicable City permits, such as a City building permit. K. At the request of the City, the HOA shall share statistical information with the City so it can assess the Pilot Program. L. The HOA shall agree to relocate the security camera system, or portion thereof, if requested to do so by the City. M. The HOA shall be responsible for any damage to City property and shall agree to restore the City property to its original condition at the end of the Pilot Program. 3 WSJ N. The HOA shall agree to defend, indemnity, and hold the City harmless from all claims arising out of the installation, operation, maintenance, and use of information acquired by the security cameras. The HOA shall maintain policies of insurance of the type, amounts, terms, and conditions as required by the City Risk Manager in the encroachment agreement. History Adopted June 27, 2023 Revised July 23, 2024 N 4-10 ATTACHMENT B RESOLUTION NO. 2023-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING A PILOT PROGRAM TO PERMIT QUALIFYING HOMEOWNER'S ASSOCIATIONS TO INSTALL PRIVATELY OPERATED SECURITY CAMERAS WITHIN THE PUBLIC RIGHT-OF-WAY, AND WAIVING CITY COUNCIL POLICY L-6, ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY, IN REGARDS THERETO WHEREAS, the City of Newport Beach ("City") is governed, in par#, by its Charter, Municipal Code, and adopted City Council Policies; WHEREAS, it is the general policy of the City that the public rights -of -way shall be reserved for public use or open space, and that the rights of the public, present and future, shall not be diminished by the installation of private improvements within the public rights -of -way; WHEREAS, City Council Policy L-6, Encroachments in Public Rights -Of -Way, sets forth the policy and procedure for permitting private improvements within the public rights -of -way; WHEREAS, City Council Policy L-6 does not provide for the installation. of private cameras within the public rights -of -way; WHEREAS, the City Council desires to adopt a pilot program ("Pilot Program") to permit qualifying homeowner's associations to install privately operated security cameras within public rights -of -way, and WHEREAS, the City Council desires to waive City Council Policy L-6 to the extent it conflicts with the Pilot Program, and to waive any rent associated with the use of the public right-of-way for the term of the Pilot Program. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby approve a Pilot Program to permit qualifying homeowner's associations to install privately operated security cameras within the public rights -of -way in accordance with procedures, terms, and conditions set forth in in Exhibit 1, which is attached hereto and incorporated herein by reference. C" ty Newport. 4-11 Resolution No. 2023-40 Page 2 of 3 Section 2: The City Council does hereby waive City Council Policy L-6, Encroachments In Public Rights -of -Way, through September 30, 2024, to the extent that it conflicts with the terms of the Pilot Program adopted by this resolution. Section 3: The City Council does hereby waive any rent associated with the use of the public right-of-way for the term of the Pilot Program. Section 4: Except as expressly modified in this resolution, all other City Council Policies shall remain unchanged and shall be in full force and effect. Section 5: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section B: If any section, subsection, sentence, clause, or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each, section, subsection, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 7: The City Council finds the adoption of this resolution and the amendment of the specified City Council Policies is not subject to the California Environmental {duality Act (°CEQA!') pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change In the environment) and 1 a060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because It has no potential for resulting in physical change to the environment, directly or indirectly. City Newport Beach 4-12 Resolution No. 2023-40 Page 3 of 3 Section S: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 27t" day of June, 2023. ATTEST: A11 M e:n— Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S 01= ICE Aaron C. Harp City Attorney Attachment: Exhibit 1 — Pilot Program C"Ity of 4-13 PILOT PROGRAM TO PERMIT HOMEOWNER'S ASSOCIATIONS TO INSTALL PRIVATELY OPERATED SECURITY CAMERAS WITHIN THE PUBLIC RIGHTS -OF -WAY I. PURPOSE The purpose of this pilot program ("Pilot Program") is to permit a qualifying Homeowner's Association ("HOX) to install private security cameras within the public rights -of -way for HOA security purposes. Additionally, the HOA may, but Is not obligated to, provide Information collected by the security cameras to law enforcement agencies to assist with Investigations of instances of theft, vehicle burglary, property damage, traffic accidents, or other activity relevant to law enforcement that may occur in the neighborhood, ll. APPLICATION The terms and conditions of this Pilot Program shall apply to the Installation, operation, and maintenance of private security cameras within the public rights -of -way and shall be supplemental to City Council Policy L-6, Encroachments In Public Rights -of - Way. In the event of a conflict between the terms of Council Policy L-6 and the terms of this Pilot Program, the terms of this Pilot Program shall prevail. Ill. TERMINATION The City Council reserves the right to terminate this Pilot Program at any time, with or without cause. The term of the. Pilot Program shall expire on September 30, 2024, unless the term Is extended by the City Council. iv. _QUALIFYING FIOA A qualifying HOA shall be an HOA that: Includes at least fifty (50) single -unit dwellings within a contiguous neighborhood; is registered and in good standing with the California Secretary of State; and manages a residential planned development In, compliance with the Davis -Stirling Common Interest Development Act (Civ. Code §§4000-6150). This Pilot Program will permit up to ten (10) HOAs to Install private security cameras within the public right-of-way. V. FEES During the Pilot Program, any rent associated with the use of the public right -'of - way shall be waived. If the encroachment is allowed to remain after the Pilot Program, the City Council will reassess whether to impose a charge for use of the public right-of- way. VI. APPLICATION FOR ENCROACHMENT PERMIT An application for an encroachment permit to install private security cameras within the public right-of-way, pursuant to this Pilot Program, shall be filed with the Public Works 1 pity of Newport Beach 4_14 Department on a form provided by the Public Works Department. The application shall include the following information: A. A duly adopted resolution from the HOA approving, or requesting authorization for, the installation of private security cameras within the public right-of-way; B. A copy of all governing documents of the HOA, such as the declaration, bylaws, articles of incorporation or association, the HOA's operating rules, and the HOA's statement filed with the Secretary of State; C. Information regarding the make, manufacturer, type, and model of the security cameras to be installed; D. Identity and contact information for the third -party contractorloperator of the security camera system and any contractor or subcontractor who will be installing the system; and E. A site plan, drawn to scale and fully_ dimensioned, which accurately depicts the location, height, and extent of the proposed security cameras within the public right- of-way. VII. CONDITIONS The HOA shall comply with the following conditions: A. An encroachment permit and an encroachment agreement, reviewed and approved by the City Attorney's Office, shall be fully executed prior to the installation of security cameras and appurtenant items within the public right-of-way. B. During the Pilot Program, the HOA may install and maintain security cameras in the public right-of-way as authorized by the encroachment permit and the encroachment agreement for the term set forth in the permit, which may be extended by the City Council. C. City approved signage shall be posted providing notice to the public of the presence and operation of the security cameras. Signs shall be kept to a minimum, utilize industry standard forms and language. Signs shall be without any advertisements, commercial logos, or company names and placed at locations approved by the City. D. Security cameras shall be self-contained with solar or battery power and wireless communications. City of Newport Beach 4-15 E. Security cameras shall be directed solely at public areas, such as streets, roadways, sidewalks, alleys, and other public spaces, and shall not capture or record any Image of a private dwelling or the curtilage of a private dwelling in areas where there is an expectation of privacy. Security cameras shall be fixed and shall not have pan, tilt, or zoom capabilities. F. Security cameras shall not utilize facial recognition and shall not capture audio. C. Information captured by security cameras shall be for the private use of HOA Management. The HOA and any third -party contractor hired to operate the cameras or maintain the data shall keep such data confidential, and shall not disseminate, release, license, sell or distribute the data to other third parties except as required by law, or to a public law enforcement agency for official purposes. H. The HOA shall be solely responsible for the selection, purchase, installation, operation, and maintenance of the security camera system, including but not limited to, cameras, poles, solar power, wireless communication equipment, any other related or necessary appurtenances, and for all costs and fees associated therewith. 1. The HOA shall provide the City with an emergency contact name and phone number who shall respond to the City within 24-hours of any communications from City regarding the security cameras or other matters related thereto. J. The HOA shall comply with all applicable provisions of law for the installation, operation, and maintenance of such systems, including but not limited to, utilizing appropriately licensed contractors, and obtaining other applicable City permits, such as a City building permit. K. At the request of the City, the HOA shall share statistical information with the City so it can assess the Pilot Program. L. The HOA shall agree to relocate the security camera system, or portion thereof, if requested to do so by the City. M. The HOA shall be responsible for any damage to City property and shall agree to restore the City property to its original condition if the security camera system is relocated or removed from public property. N. The HOA shall agree to defend, indemnity, and hold the City harmless from all claims arising out of the Installation, operation, maintenance, and use of information acquired by the security cameras. The HOA shall maintain policies of insurance of the City f 3 Newport Beach 4-16 type, amounts, terms, and conditions as required by the City Risk Manager in the encroachment agreement. C.'Ity of Newport Beach A 4-17 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Lellani I. Brown, City Cleric of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2023-40 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 27« day of June, 2023, and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council Member Erik Weigand NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 281" day of June, 2023. LaIlanil. Brown City Clerk Newport Beach, California n City 4-18 TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report ATTACHMENT C June 27, 2023 Agenda Item No. 21 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: David Keely, Senior Civil Engineer, dkeely@newportbeachca.gov PHONE: 949-644-3349 TITLE: Pilot Program to Permit Homeowner's Associations to Install Privately Operated Security Cameras within the Public Rights -of -Way ABSTRACT: At its April 25, 2023, the City Council directed staff to establish a pilot program to permit qualifying Homeowner's Associations (HOA) to install privately operated security cameras within public rights -of -way in residential neighborhoods. If approved, the pilot program will accommodate up to 10 neighborhoods and will be for a duration of one-year expiring on July 1, 2024. Qualifying HOAs shall be an HOA that includes at least 50 single-family dwelling units within a contiguous neighborhood. RECOMMENDATIONS: a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (Class 3: New Construction or Conversion of Small Structures) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; and b) Adopt Resolution No. 2023-40, A Resolution of the City Council of the City of Newport Beach, California, Adopting a Pilot Program to Permit Qualifying Homeowner's Associations to Install Privately Operated Security Cameras within the Public Right - of -Way, and Waiving City Council Policy L-6, Encroachments in Public Rights -of -Way, in Regards Thereto. DISCUSSION: It is the general policy of the City of Newport Beach (City) that the public rights -of -way shall be reserved for public use or open space and that the rights of the public, present and future, shall not be diminished by the installation of private improvements within the public rights -of -way. City Council Policy L-6, Encroachments in Public Rights -of -Way, generally governs allowable encroachments in the public rights -of -way (Attachment B). Although security cameras are not specifically mentioned in the policy, they would be prohibited since the private security cameras and appurtenances would encroach in excess of one foot into the right-of-way and exceed three feet in height, measured from the top of curb of adjacent sidewalk IC Von F 4-19 li 121-1 Pilot Program to Permit Homeowner's Associations to Install Privately Operated Security Cameras within the Public Rights -of -Way June 27, 2023 Page 2 At its April 25, 2023 meeting, the City Council directed staff to establish a pilot program to permit qualifying HOAs to install privately operated security cameras within public rights -of -way in residential neighborhoods. If approved, the pilot program will accommodate up to 10 neighborhoods and will be for a duration of one-year expiring on July 1, 2024, unless extended by the City Council. Qualifying HOAs shall be an HOA that includes at least 50 single-family dwelling units within a contiguous neighborhood. HOAs shall be registered and in good standing with the California Secretary of State and manage a residential planned community in compliance with the Davis -Stirling Common Interest Development Act (Civ. Code §§4000-6150). Neighborhoods may, but are not obligated to, provide information collected by the private security cameras to law enforcement agencies to assist with investigations of instances of theft, vehicle burglary, property damage, traffic accidents, or other activity relevant to law enforcement that may occur in neighborhoods. Prior to the installation of the privately operated security cameras, an encroachment agreement shall be executed between the City and the HOA. The encroachment agreement shall identify the terms of the security camera installation within the right-of- way, including but not limited to, insurance, indemnification, termination and removal. In addition, an encroachment permit for the installation of the privately operated security cameras in the public right-of-way shall be obtained. The pilot program for the private security cameras within the public rights -of -way is detailed in Attachment C. As directed by the City Council, the private camera system shall be self-contained, with solar/battery power and wireless communication, to minimize construction and disruption to the public right-of-way. The private cameras shall be directed solely at public areas, such as streets, roadways, sidewalks, alleys and other public spaces. The security cameras shall be fixed and shall not have pan, tilt and zoom capabilities. Facial recognition cameras or software is not permitted and the cameras shall not capture audio. City -approved signage shall be posted providing notice to the public of the presence and operation of the private security cameras. Signs shall be kept to a minimum and shall be without any advertisements, commercial logos, or company names and placed at locations approved by the City. A standard, sample sign is included in Attachment D. Staff recommends that the City Council adopt Resolution No. 2023-40, waiving City Council Policy L-6 and approving the pilot program to permit privately operated security cameras within the public rights -of -way for a period of one year. Upon completion of the one-year pilot program, the HOAs shall provide, upon request by the Police Department, and the Police Department shall review any collected data and/or documented crime related impacts or results. The Police Department will then present a report documenting the results of the private security camera program, as well as its suggestions regarding continuation of the program, to the City Council. If the City Council determines the pilot program to be successful, and desires to continue the program, staff will revise City Council Policy L-6 to incorporate the privately operated security camera program into the policy. E k W 1 I N "�� port Bed 2, 2 Pilot Program to Permit Homeowner's Associations to Install Privately Operated Security Cameras within the Public Rights -of -Way June 27, 2023 Page 3 FISCAL IMPACT: The cost of installation, maintenance and management of the privately operated security cameras shall be the responsibility of the HOA. The HOA will also be responsible for all encroachment permit and encroachment agreement fees. During the pilot program, any rent associated with the use of the public right-of-way shall be waived. If the encroachments are allowed to remain after the pilot program, the City Council will reassess whether to impose a charge for use of the public right-of-way. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (Class 3: New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Class 3 allows the construction and location of limited number of new, small structures, including accessory structures. Project implementation would authorize the installation of privately operated security cameras and new poles within existing residential rights -of -way. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of this exemption. The project location would not impact an environmental resource of hazardous or critical concern, would not result in cumulative impacts, would not have a significant effect on the environment due to unusual circumstances, would not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. �r0��r�l1rcm The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Resolution No. 2023-40 Attachment B — City Council Policy L-6 Attachment C — Pilot Program Attachment D — Proposed sign �' k u, of Newport Bea` 4-21 21-3 ATTACHMENT A RESOLUTION NO. 2023-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING A PILOT PROGRAM TO PERMIT QUALIFYING HOMEOWNER'S ASSOCIATIONS TO INSTALL PRIVATELY OPERATED SECURITY CAMERAS WITHIN THE PUBLIC RIGHT-OF-WAY, AND WAIVING CITY COUNCIL POLICY L-6, ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY, IN REGARDS THERETO WHEREAS, the City of Newport Beach ("City") is governed, in part, by its Charter, Municipal Code, and adopted City Council Policies; WHEREAS, it is the general policy of the City that the public rights -of -way shall be reserved for public use or open space, and that the rights of the public, present and future, shall not be diminished by the installation of private improvements, within the public rights -of -way; WHEREAS, City Council Policy L-6, Encroachments in Public Rights -Of -Way, sets forth the policy and procedure for permitting private improvements within the public rights -of -way; WHEREAS, City Council Policy L-6 does not provide for the installation of private cameras within the public rights -of -way; WHEREAS, the City Council desires to adopt a pilot program ("Pilot Program") to permit qualifying homeowner's associations to install privately operated security cameras within public rights -of -way; and - WHEREAS, the City Council desires to waive City Council Policy L-6 to the extent it conflicts with the Pilot Program, and to waive any rent associated with the use of the public right-of-way for the term of the Pilot Program. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby approve a Pilot Program to permit qualifying homeowner's associations to install privately operated security cameras within the public rights -of -way in accordance with procedures, terms, and conditions set forth in in Exhibit 1, which is attached hereto and incorporated herein by reference. 4-22 21-4 Resolution No. 2023- Page 2 of 3 Section 2: The City Council does hereby waive City Council Policy L-6, Encroachments in Public Rights -of -Way, through July 1, 2024, to the extent that it conflicts with the terms of the Pilot Program adopted by this resolution. Section 3: The City Council does hereby waive any rent associated with the use of the public right-of-way for the term of the Pilot Program. Section 4: Except as expressly modified in this resolution, all other City Council Policies shall remain unchanged and shall be in full force and effect. Section 5: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 6: If any section, subsection, sentence, clause, or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 7: The City Council finds the adoption of this resolution and the amendment of the specified City Council Policies is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 4-23 21-5 Resolution No. 2023- Page 3 of 3 Section 8: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 27th day of June, 2023. Noah Blom Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CM& ATTORNEY'S OFFICE e-,__ C. �— Aar n C. Harp City Attorney Attachment: Exhibit 1 — Pilot Program 4-24 21-6 PILOT PROGRAM TO PERMIT HOMEOWNER'S ASSOCIATIONS TO INSTALL PRIVATELY OPERATED SECURITY CAMERAS WITHIN THE PUBLIC RIGHTS -OF -WAY I. PURPOSE The purpose of this pilot program ("Pilot Program") is to permit a qualifying Homeowner's Association ("HOK) to install private security cameras within the public rights -of -way for HOA security purposes. Additionally, the HOA may, but is not obligated to, provide information collected by the security cameras to law enforcement agencies to assist with investigations of instances of theft, vehicle burglary, property damage, traffic accidents, or other activity relevant to law enforcement that may occur in the neighborhood. II. APPLICATION The terms and conditions of this Pilot Program shall apply to the installation, operation, and maintenance of private security cameras within the public rights -of -way and shall be supplemental to City Council Policy L-6, Encroachments in Public Rights -of - Way. In the event of a conflict between the terms of Council Policy L-6 and the terms of this Pilot Program, the terms of this Pilot Program shall prevail. III. TERMINATION The City Council reserves the right to terminate this Pilot Program at any time, with or without cause. The term of the Pilot Program shall expire on July 1, 2024, unless the term is extended by the City Council. IV. QUALIFYING HOA A qualifying HOA shall be an HOA that: includes at least fifty (50) single -unit dwellings within a contiguous neighborhood; is registered and in good standing with the California Secretary of State; and manages a residential planned development in compliance with the Davis -Stirling Common Interest Development Act (Civ. Code §§4000-6150). This Pilot Program will permit up to ten (10) HOAs to install private security cameras within the public right-of-way. V. FEES During the Pilot Program, any rent associated with the use of the public right-of- way shall be waived. If the encroachment is allowed to remain after the Pilot Program, the City Council will reassess whether to impose a charge for use of the public right-of- way. VI. APPLICATION FOR ENCROACHMENT PERMIT An application for an encroachment permit to install private security cameras within the public right-of-way, pursuant to this Pilot Program, shall be filed with the Public Works 1 4-25 21-7 Department on a form provided by the Public Works Department. The application shall include the following information: A. A duly adopted resolution from the HOA approving, or requesting authorization for, the installation of private security cameras within the public right-of-way; B. A copy of all governing documents of the HOA, such as the declaration, bylaws, articles of incorporation or association, the HOA's operating rules, and the HOA's statement filed with the Secretary of State; C. Information regarding the make, manufacturer, type, and model of the security cameras to be installed; D: Identity and contact information for the third -party contractor/operator of the security camera system and any contractor or subcontractor who will be installing the system; and E. A site plan, drawn to scale and fully dimensioned, which accurately depicts the location, height, and extent of the proposed security cameras within the public right- of-way. VII. CONDITIONS The HOA shall comply with the following conditions: A. An encroachment permit and an encroachment agreement, reviewed and approved by the City Attorney's Office, shall be fully executed prior to the installation of security cameras and appurtenant items within the public right-of-way. B. During the Pilot Program, the HOA may install and maintain security cameras in the public right-of-way as authorized by the encroachment permit and the encroachment agreement for the term set forth in the permit, which may be extended by the City Council. C. City approved signage shall be posted providing notice to the public of the presence and operation of the security cameras. Signs shall be kept to a minimum, utilize industry standard forms and language. Signs shall be without any advertisements, commercial logos, or company names and placed at locations approved by the City. D. Security cameras shall be self-contained with solar or battery power and wireless communications. 2 �I Ly o Newpull n�� 4- 6 E. Security cameras shall be directed solely at public areas, such as streets, roadways, sidewalks, alleys, and other public spaces, and shall not capture or record any image of a private dwelling or the curtilage of a private dwelling in areas where there is an expectation of privacy. Security cameras shall be fixed and shall not have pan, tilt, or zoom capabilities. F. Security cameras shall not utilize facial recognition and shall not capture audio. G. Information captured by security cameras shall be for the private use of the HOA. The HOA and any third -party contractor hired to operate the cameras or maintain the data shall keep such data confidential, and shall not disseminate, release, license, sell or distribute the data to other third parties except as required by law, or to a public law enforcement agency for official purposes. H. The HOA shall be solely responsible for the selection, purchase, installation, operation, and maintenance of the security camera system, including but not limited to, cameras, poles, solar power, wireless communication equipment, any other related or necessary appurtenances, and for all costs and fees associated therewith. I. The HOA shall provide the City with an emergency contact name and phone number who shall respond to the City within 24-hours of any communications from City regarding the security cameras or other matters related thereto. J. The HOA shall comply with all applicable provisions of law for the installation, operation, and maintenance of such systems, including but not limited to, utilizing appropriately licensed contractors, and obtaining other applicable City permits, such as a City building permit. K. At the request of the City, the HOA shall share statistical information with the City so it can assess the Pilot Program. L. The HOA shall agree to relocate the security camera system, or portion thereof, if requested to do so by the City. M. The HOA shall be responsible for any damage to City property and shall agree to restore the City property to its original condition at the end of the Pilot Program. N. The HOA shall agree to defend, indemnity, and hold the City harmless from all claims arising out of the installation, operation, maintenance, and use of information acquired by the security cameras. The HOA shall maintain policies of insurance of the 3 4-27 21-9 type, amounts, terms, and conditions as required by the City Risk Manager in the encroachment agreement. 4-28 21-10 ATTACHMENT B M ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY It is the general policy of the City that the public rights -of -way shall be reserved for public use or open space; and that the rights of the public, present and future, shall not be diminished by the installation of private improvements within the public rights -of -way. For any project located within the Coastal Zone also look to Newport Beach Municipal Code Title 21, or any successor title. Categories of encroachments and improvements are listed below, together with the permit requirement for each category. Permit and/or encroachment agreement required. A. Except as expressly set forth herein, permits and/ or encroachment agreements are required for encroachments into the public rights -of -way. B. Application for any permit, as required by this policy, shall be filed with the Public Works Department on a form to be provided by the City and shall show the proposed planting or work and the nature thereof. Drawings for encroachment permits requiring Planning Commission review shall be prepared to scale. Plan and elevation drawings shall accurately depict location, height, and extent of the proposed encroachments. C. If the application is for a permit required under private encroachments that are prohibited without a waiver, it shall be submitted to the Planning Commission for consideration. 1. The Planning Commission is designated to grant or deny a waiver and approve, conditionally approve, or deny applications for encroachment permits, subject to the findings in subsection (a), of this Section. a. The Planning Commission may grant a waiver and may approve or conditionally approve an application for an encroachment permit if the Planning Commission finds the encroachment will not be a detriment to the health, safety, and welfare of the public. b. If an application for a private encroachment that is prohibited without a waiver is part of a larger approval requiring City Council approval, then the Planning Commission shall make a recommendation to the City Council regarding whether this policy should be waived and the permit granted. City of Newport Beach =4-29 ,.,, C. The Planning Commission shall have discretion to refer any request for a waiver or encroachment permit before the Planning Commission to the City Council for consideration. d. Any decision made by the Planning Commission may be appealed or called for review in accordance with Chapter 20.64. 2. Notice of the Planning Commissions review of a request to waive a provision of this policy shall be: a. Mailed to property owners within 300 feet of the project site at least ten (10) calendar days in advance of a meeting. The notice shall contain the address of the project site, the applicant's name, a brief description of the improvements, date, time, and place of the meeting, and a statement informing the public that they have the ability to provide comments to the Planning Commission; and b. Posted on or close to the subject property in a prominent location at least ten (10) calendar days before the scheduled hearing by the Planning Commission in the following manner: i. One or more sign(s) shall be posted as determined by the Public Works Director. I The size and location of the sign(s) shall be as determined by the Public Works Director. iii. The applicant for the encroachment permit/waiver shall be responsible for maintaining the sign(s) in a satisfactory condition. iv. The applicant for the encroachment permit/waiver shall remove all sign(s) at the end of the appeal period. City of Newport Beach =4-30 ,.,_ L-6 Private encroachments that are prohibited without a waiver and approval. A. All structural encroachments including, but not limited to, fences, walls, patios, raised planters, landscaping, etc., which encroach in excess of one (1)-foot into the public right-of-way, or exceed thee (3)-feet in height, measured from the top of curb elevation/ or from sidewalk elevation where sidewalk exists. B. Driveway approaches not conforming to Council Policy L-2. C. Modifications to original design concepts approved by the City. D Private signs except as provided for in the Building Code. E. Lighting. F. Parkway walkway surfacing of loose rock, gravel, or any surfacing other than standard or colored/textured concrete or flat stone/brick/pavers installed at grade. G. Private dwellings and appendages including raised patios decks and bay windows, except as provided for in this section and the Building Code. H. Pay telephones and private mail carriers drop boxes. General private encroachments that require an encroachment permit and if applicable, an encroachment agreement from the Public Works Department. A. Drive approaches conforming to Council Policy L-2. B. Standard sidewalks. C. Carriage walks (not to exceed twenty-five percent (25%) of the parkway area). D. Parkway surfacing (standard or colored/textured concrete or flat stone/brick) installed at grade (not to exceed twenty-five percent (25%) of the parkway area). E. CATV and public utility facilities. 3 4-31 21-13 L-6 F. Structural encroachments including, but not limited to, fences, walls, patios, raised planters, etc., which encroach one (1) foot or less and do not exceed three (3) feet in height within the public right-of-way. If, however, in the opinion of the Public Works Department, the nature or location of this type of encroachment is such that Planning Commission review is warranted, the Department may forward the item to the Planning Commission for action in accordance with the procedures set forth for granting waivers for private encroachments that would otherwise be prohibited. G. Mailboxes, when required by the U.S. Postal Service. Mailboxes shall be installed per U.S. Postal Service requirements. Mailbox base construction length and width shall not exceed the length of the mailbox, or twenty-four (24) inches, whichever is less. H. The placement of utility pedestals shall be at the back of sidewalks on arterials and major pedestrian thoroughfares without zero setbacks. There shall be at least four (4) feet of clear sidewalk width and/or pedestals shall be placed in the parkway outside of walk area. I. When connecting to or relocating public utilities. J. Artificial Turf (permeable) up to 100 % of the required parkway landscape area. Artificial turf grass shall be installed in accordance to manufacturers' recommendations. Material must be securely anchored and maintained so as to eliminate disrepair, fading, tearing, wrinkling and or edge curling or any other type of material performance. Material shall be replaced prior to the aforementioned conditions occur. Prohibited application: Indoor and outdoor carpet, green in color or otherwise. The Director of Public Works shall from time to time update the standards for this application. See Artificial Turf Material and Installation Standards. K. Tree and shrub planting and removal. L. Median landscaping. If, in the opinion of the Public Works Departments, the approved planting is not being maintained for view, safety clearance and sight distance, Newport Beach Municipal Code Chapter 10.50, "Public Nuisance Abatement," or any successor statute, shall be used to remove offending plant material. City of Newport Beach =4-32 ,.,, L-6 The permit applicant shall reimburse the City of Newport Beach for the value of any City tree removed by this process. This value shall be determined by the City Arborist using the International Society of Arboriculture's "Guide for Plant Appraisal" or a minimum forty-eight (48) inch box tree replacement value. Area specific private encroachments requiring an encroachment permit from the Public Works Department and subject to the execution of an encroachment agreement for non-standard improvements. A. Structural encroachments which do not exceed three (3) feet in height measured from the top of curb elevation/or from sidewalk elevation where sidewalk exists, including, but not limited to fences, walls, and raised planters in public rights -of - way in areas that are more than eight (8) feet behind the face of curbs on the following streets: 1. Santa Ana Avenue from Cliff Drive to Fifteenth Street. B. Permitted Structural Encroachments on Balboa Island along South Bay Front, North Bay Front, Grand Canal, and East Bayfront are as follows: 1. Planters that do not exceed one (1) foot in height may be installed between the back of existing sidewalk and property line, planted with ground cover and shrubs not to exceed two (2) feet in height measured from sidewalk elevation; 2. Fences and walls with a minimum setback of two (2) feet six (6) inches from back of sidewalk. a. For patios constructed at grade elevation to one (1) foot above sidewalk grade elevation, fences and walls may be three (3) feet high above sidewalk grade. b. For patios constructed greater than one (1) foot above sidewalk grade elevation, fences and walls must be set back a minimum of three (3) feet from back of sidewalk, not exceed two (2) feet six (6) inches in height above the patio, have at least forty percent (40%) visibility through them, and not to exceed four (4) feet in height above existing public sidewalk grade. (' i t\/ r)f Newpoft Beach 4-33 21-15 L-6 3. Patios with a minimum setback of two (2) feet six (6) inches from the back of sidewalk. a. Raised Patios are permitted provided they have a maximum height of two (2) feet six (6) inches above sidewalk grade, are set back a minimum of two (2) feet six (6) inches from back of sidewalk, and provided all bulkhead deadman and tiebacks supporting the Bay front bulkhead are replaced "If required by the Public Works Department" in conformance with the requirements of the Public Works Department; Stairs located a minimum of two (2) feet six (6) inches from back of sidewalk. C. Structural encroachments which do not exceed three (3) feet in height, including, but not limited to fences, walls, patios, and raised planters in public rights -of -ways in areas that are five (5) feet behind the face of curb on the following streets: 1. Southerly side of West Bay Avenue between 8th Street and 15th Street. D. Non-standard encroachments, including, but not limited to fences, walls, and raised planters within City easements as approved by the Public Works Director. E. Buena Vista Boulevard - Bay Avenue to Edgewater Avenue. The street right-of- way in this reach is ten (10) feet wide, with private property on both sides of the public way. Improvements allowed at this location shall consist of the following: 1. A minimum six (6) foot wide public sidewalk along the inland side of the right-of-way line maintained by the City. 2. Landscaping under twenty-four (24) inches in height and park -like improvements in the remaining portion of the right-of-way shall be allowed if installed and maintained by the adjoining property owners. Private improvements such as walls, fences, gates, signs and living areas such as cabanas and other roofed structures shall not be allowed. 3. Access to existing private piers and floats shall be allowed where a harbor permit has been granted, but such access structures shall not be expanded beyond the original permit dimensions. F. Edgewater Avenue - Buena Vista Boulevard to Island Avenue. The street right- of-way in this reach is forty (40) feet wide with private property on the inland side. The bay side is improved with a privately constructed bulkhead on public property. Improvements allowed at this location shall consist of the following: City of Newport Beach =4-34 ;.,s 1. A minimum six (6) foot wide public sidewalk along the inland side of the right-of-way line maintained by the City. 2. Landscaping under twenty (24) inches in height and park -like improvements in the remaining portion of the right-of-way (between the sidewalk and the bulkhead) shall be allowed if installed and maintained by the adjoining property owner. Private improvements such as fences, gates, signs, and living areas shall not be allowed. 3. Access to private piers and floats shall be allowed where a harbor permit has been granted, but such access structures shall not be expanded beyond the permit dimensions. G. Edgewater Avenue - Island Avenue to Alvarado Street. The street right-of-way in this reach is forty (40) feet wide with private property on the inland side. The bay side is improved with a sloping beach leading to the waters of the bay. Improvements allowed at this location shall consist of the following: 1. A minimum six (6) foot wide public sidewalk along the inland side of the right-of-way maintained by the City. 2. The remaining portion of the right-of-way shall be reserved as a public beach and no private improvements, impediments or boat storage shall be allowed except for access to existing piers and floats where a harbor or a mooring permit has been granted, but such access structures shall not be expanded beyond the original permit dimensions. Any existing permits to encroach on the right-of-way shall be rescinded H. Edgewater Avenue - Alvarado Street to Fernando Street. The street right-of-way in this reach is fifty (50) feet wide. The bay side is improved with a sloping beach leading to the waters of the bay. The private lots bayward of the public right-of- way are under water and within State Tidelands. Improvements allowed at this location shall consist of the following: 1. A minimum six (6) foot wide public sidewalk along the inland side of the right-of-way maintained by the City. 2. The remaining portion of the right-of-way shall be reserved as a public beach and no private improvements, impediments or boat storage shall be allowed except for access to existing piers and floats where a harbor permit has been granted, but such access structures shall not be expanded beyond the original permit dimensions. I. Bay Front Street Ends City of Newport Beach =4-35 ,.,, L-6 1. Bay front street ends at beach level may contain two (2) foot wide planting areas bounded by redwood or concrete strips and containing hedges no more than two (2) feet in height above the adjacent surface. The planting areas may be installed: a. At each side of the prolongation of the street and extending no more than fifteen (15) feet from the end of the paved street. b. At the end of the paved street, except that a twelve (12) foot wide opening must be left for City emergency and maintenance equipment, and pedestrians to enter the beach area. 2. Bay front street ends where tidal flow prevents standard installation may be landscaped, subject to the prior approval by the City of specific plans prepared by the applicant. Access to beach areas shall be provided for in any such specific plans. 3. Improvements shall be installed at the expense of the adjacent property owners. 4. Landscape maintenance and watering shall be provided by the adjacent property owners to the satisfaction of the City. A sprinkler system connected to the adjacent property shall be installed in each planter J. Unimproved Ocean Front Street Ends 1. Improvements shall be installed at the expense of the adjacent property owners. 2. Landscape maintenance and watering shall be provided by the adjacent property owners to the satisfaction of the City. A sprinkler system connected to the adjacent property shall be installed in each planter. 3. All work shall be installed to grades established by the Public Works Department. 4. A four (4) foot wide sidewalk shall be provided on each side of the street right-of-way adjacent to the property line. 5. A minimum of twelve (12) feet of unobstructed access to the beach in the center of the right-of-way shall be surfaced with brick, asphalt, concrete or artificial turf, or an equivalent surfacing approved by the City. r 8 - � v Of Nu pL) Bed' 21-18- L-6 a. Portland Cement Concrete. A minimum six (6) inches over native compacted material. b. Asphalt Concrete. A minimum two (2) feet six (6) inches of asphalt concrete over a six (6) inch thick aggregate. C. Brick. Brick installed over four inches of imported aggregate base. A dry mix of one-to-one cement and clean plaster sand to be swept into the one -quarter (1/4) to one-half (1/2) inch space between bricks. The dry mix shall be moistened with a fine spray of water after it is in place. 6. Planters five (5) feet wide shall be provided between the side and the center access along a portion of each side of the street with a heavy emphasis on drought resistant plant materials. Plant materials shall be installed to City specifications. A six (6) inch to eighteen (18) inch high lip of concrete, brick or rock may be installed as part of the planter. 7. Special provisions shall be made in the design when garage access is required from street ends. 8. Where unusually large quantities of sand exist in a street end area, the City shall assist the adjacent owners by moving the sand to an area determined by the City. K. Unimproved Alleys that End at the Ocean Front 1. Improvements shall be installed at the expense of the adjacent property owner. 2. All work shall be installed to grades established by the Public Works Department. 3. Landscaping of potted plants shall be permitted in the portion of the alley right-of-way that terminates at the ocean front sidewalk. A six (6) foot wide inviting passageway shall be maintained for pedestrian access. 4. Where vehicles or pedestrians will travel, alleys may be surfaced with brick, asphalt, concrete or equivalent surfacing. 5. Improvements shall extend from the nearest street of alley improvement to the northerly line of the ocean front. City of Newport Beach 9 4-37 21-19 L-6 If, in the opinion of the Public Works Department, the nature or location of this type of encroachment is such that Planning Commission review is warranted, the Department may forward the application to the Planning Commission for original action in accordance with the procedures set forth for granting waivers for private encroachments that would otherwise be prohibited. The City Manager is authorized to execute, on behalf of the City, agreements for non- standard improvements, which are entered into pursuant to this section or other authorization. Private encroachments not requiring a permit. A. Parkway lawn, ground cover and drought tolerant planting. Parkway areas with the exception of carriage walks/ parkway paving/ artificial turf shall be entirely planted with lawn, ground cover and/or drought tolerant planting. B. Parkway sprinkling systems. C. Use of public streets and projections over public property, which are covered by the latest adopted edition of the California Code of Regulations Title 24 under a valid building permit issued by the City. Encroachments on public sidewalks Newport Beach sidewalks are a desirable place to walk, stroll and jog and it is, therefore, the policy of the City that public sidewalks are to provide unobstructed passage whenever possible. Sidewalks shall be reserved for public use and the rights of the public shall not be diminished by the installation of benches, planters, bicycle racks, etc., by private entities nor by the installation of facilities by public utilities or other public agencies. It is the policy of the City that encroachments on public sidewalks shall be subject to the following: A. General 1. Permitted encroachments shall not reduce the sidewalk width available for normal pedestrian movement. 2. Permitted encroachments may be located in areas between tree wells or other existing improvements as long as they do not interfere with pedestrian travel. Q 10 A` �11 / (if 1 V-.&v�'� )Oft Bedl' 4-38 �+ 21-20 L-6 3. Permitted encroachments shall be located at least eighteen (18) inches from the curb face. In areas where vehicles do not park or otherwise extend over the sidewalk, this setback may be reduced. 4. Permitted encroachments shall not be located within thirty-six (36) inches of a parking meter or street light, nor shall they be located where they will interfere with the normal use of other facilities. 5. Encroachments shall not block access from parked cars. 6. They shall not be located within ten (10) feet of a crosswalk, fire hydrant or driveway. 7. Encroachments may not be chained or otherwise anchored to any tree, streetlight, parking meter or other property. 8. Applicant shall pay all costs for City and/or the California Department of Transportation ("CalTrans") permit processing where necessary. 9. Applicant shall pay all costs associated with the installation and maintenance of the encroachments by the City or private installer. B. Public Benches 1. When applying the above requirements to benches, allowance shall be made for the space required for a person sitting on the bench. 2. Benches to be installed in an area where there is a theme or bench style shall conform to that theme or style. C. Public Bicycle Racks 1. Bicycle racks shall be located to allow bicycles to extend five (5) feet from the center of the rack and comply with the above requirements. History (1969, 08/25) - L-6 - Adopted (Private Encroachments in Public Rights -of -Way) (1969, 08/ 25) - I-12 - Adopted (Ocean Front Street -End Improvements) (1970, 03/09) - L-6 - Reaffirmed City of Newport Beach 11 =4-39 ,._, L-6 (1970, 03/ 09) - I-12 - Amended (1971, 02/ 08) - L-6 - Reaffirmed (1972, 02/ 14) - L-6 - Amended (1972, 02/14) -1-12 - Reaffirmed (1973,12/ 10) - L-6 - Reaffirmed (1973, 12/10) - I-12 - Amended (1974,11/11) - L-6 - Reaffirmed (1974,11/11) - I-12 - Amended (1975, 08/11) - L-6 - Amended (1977, 03/14) - L-7 - Adopted (Encroachments and Bay Access on Buena Vista Blvd. - Edgewater Ave. Between bay Ave. and Fernando St.) (1977, 09/ 12) - L-7 - Reaffirmed (1981, 02/ 09) - L-6 - Amended (1981, 02/ 09) -1-12 - Amended (1981, 08/ 24) - L-10 - Adopted - incorporating I-12 & L-10 (1981,11/23) - L-6 - Amended (1982,11/08) - L-10 - Amended (1986,10/ 27) - L-6 - Amended (1987, 01/26) - L-6 - Amended (1987, 07/ 13) - L-6 - Amended (1989, 02/ 13) - L-6 - Amended (1989, 08/14) - L-6 - Amended (1989,11/27) - L-6 - Amended (1989,11/27) - L-10 - Amended (1991,12/ 09) - L-6 - Amended (1992,12/ 14) - L-6 - Amended (1993, 01/11) - L-18 - Adopted (Encroachments on Public Sidewalks) (1993, 07/ 12) - L-6 - Amended (1994, 01/24) - L-6 - Amended (1994, 01/24) - L-7 - Reaffirmed (1994, 01/24) - L-8 _ Amended - changed to L-8 (1994, 01/24) - L-15 - Amended - changed to L-15 (1994, 05/09) - L-6 - Amended (1995, 02/ 27) - L-6 - Amended (1996, 02/26) - L-6 - Amended (1996, 02/ 26) - L-15 - Amended (2001, 05/08) - L-6 - Amended (2001, 05/ 08) - L-7 - Amended (2001, 05/08) - L-8 - Amended (2015, 01/27) - L-6 - Amended (2018, 08/14) - L-6 - Amended (incorporating L-6, L-7, L-8 & L-15) (2018,11/27) - L-6 - Amended 12 4-40 21-22 ATTACHMENT C PILOT PROGRAM TO PERMIT HOMEOWNER'S ASSOCIATIONS TO INSTALL PRIVATELY OPERATED SECURITY CAMERAS WITHIN THE PUBLIC RIGHTS -OF -WAY I. PURPOSE The purpose of this pilot program ("Pilot Program") is to permit a qualifying Homeowner's Association ("HOX) to install private security cameras within the public rights -of -way for HOA security purposes. Additionally, the HOA may, but is not obligated to, provide information collected by the security cameras to law enforcement agencies to assist with investigations of instances of theft, vehicle burglary, property damage, traffic accidents, or other activity relevant to law enforcement that may occur in the neighborhood. II. APPLICATION The terms and conditions of this Pilot Program shall apply to the installation, operation, and maintenance of private security cameras within the public rights -of -way and shall be supplemental to City Council Policy L-6, Encroachments in Public Rights -of - Way. In the event of a conflict between the terms of Council Policy L-6 and the terms of this Pilot Program, the terms of this Pilot Program shall prevail. III. TERMINATION The City Council reserves the right to terminate this Pilot Program at any time, with or without cause. The term of the Pilot Program shall expire on July 1, 2024, unless the term is extended by the City Council. IV. QUALIFYING HOA A qualifying HOA shall be an HOA that: includes at least fifty (50) single -unit dwellings within a contiguous neighborhood; is registered and in good standing with the California Secretary of State; and manages a residential planned development in compliance with the Davis -Stirling Common Interest Development Act (Civ. Code §§4000-6150). This Pilot Program will permit up to ten (10) HOAs to install private security cameras within the public right-of-way. V. FEES During the Pilot Program, any rent associated with the use of the public right-of- way shall be waived. If the encroachment is allowed to remain after the Pilot Program, the City Council will reassess whether to impose a charge for use of the public right-of- way. VI. APPLICATION FOR ENCROACHMENT PERMIT An application for an encroachment permit to install private security cameras within the public right-of-way, pursuant to this Pilot Program, shall be filed with the Public Works Ar 'I1 1 IN "VV� P U l t B e y 2� 23 Department on a form provided by the Public Works Department. The application shall include the following information: A. A duly adopted resolution from the HOA approving, or requesting authorization for, the installation of private security cameras within the public right-of-way; B. A copy of all governing documents of the HOA, such as the declaration, bylaws, articles of incorporation or association, the HOA's operating rules, and the HOA's statement filed with the Secretary of State; C. Information regarding the make, manufacturer, type, and model of the security cameras to be installed; D. Identity and contact information for the third -party contractor/operator of the security camera system and any contractor or subcontractor who will be installing the system; and E. A site plan, drawn to scale and fully dimensioned, which accurately depicts the location, height, and extent of the proposed security cameras within the public right- of-way. VII. CONDITIONS The HOA shall comply with the following conditions: A. An encroachment permit and an encroachment agreement, reviewed and approved by the City Attorney's Office, shall be fully executed prior to the installation of security cameras and appurtenant items within the public right-of-way. B. During the Pilot Program, the HOA may install and maintain security cameras in the public right-of-way as authorized by the encroachment permit and the encroachment agreement for the term set forth in the permit, which may be extended by the City Council. C. City approved signage shall be posted providing notice to the public of the presence and operation of the security cameras. Signs shall be kept to a minimum, utilize industry standard forms and language. Signs shall be without any advertisements, commercial logos, or company names and placed at locations approved by the City. D. Security cameras shall be self-contained with solar or battery power and wireless communications. City of Newpoft Bear 2 4-42 21-2424 E. Security cameras shall be directed solely at public areas, such as streets, roadways, sidewalks, alleys, and other public spaces, and shall not capture or record any image of a private dwelling or the curtilage of a private dwelling. Security cameras shall be fixed and shall not have pan, tilt, or zoom capabilities. F. Security cameras shall not utilize facial recognition and shall not capture audio. G. Information captured by security cameras shall be for the private use of the HOA. The HOA and any third -party contractor hired to operate the cameras or maintain the data shall keep such data confidential, and shall not disseminate, release, license, sell or distribute the data to other third parties except as required by law, or to a public law enforcement agency for official purposes. H. The HOA shall be solely responsible for the selection, purchase, installation, operation, and maintenance of the security camera system, including but not limited to, cameras, poles, solar power, wireless communication equipment, any other related or necessary appurtenances, and for all costs and fees associated therewith. I. The HOA shall provide the City with an emergency contact name and phone number who shall respond to the City within 24-hours of any communications from City regarding the security cameras or other matters related thereto. J. The HOA shall comply with all applicable provisions of law for the installation, operation, and maintenance of such systems, including but not limited to, utilizing appropriately licensed contractors, and obtaining other applicable City permits, such as a City building permit. K. At the request of the City, the HOA shall share statistical information with the City so it can assess the Pilot Program. L. The HOA shall agree to relocate the security camera system, or portion thereof, if requested to do so by the City. M. The HOA shall be responsible for any damage to City property and shall agree to restore the City property to its original condition at the end of the Pilot Program. N. The HOA shall agree to defend, indemnity, and hold the City harmless from all claims arising out of the installation, operation, maintenance, and use of information acquired by the security cameras. The HOA shall maintain policies of insurance of the type, amounts, terms, and conditions as required by the City Risk Manager in the encroachment agreement. Citv� f N oft Bee__21-253- ATTACHMENT D WA INS lit Partnership with Police 43 WE IMMEDIATELY REPORTALL SUSPICIOUS ACTIVITY TOTHE POLICE! -l! I 4-44 ,.iy*4uf Newpoft F 21-26 ATTACHMENT D IV �ryvy�-p -•P � ^• � .��,y N� 443 S A P r So by P b .y 417 OVA - , ���br4 � d Lei O fI,(pr�'7 6 • - ry 47 - �3• ,� : � 7y ,� h'� � �, � as ` d r ?per t y 7 A o GRpiYNG S9 r' r � fin, V �S oft CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 4-45