Attachment D
Application for Homeowners Associations to Install Privately Operated Security Cameras Within the Public Rights-of-Way
1 APPLICATION FOR HOMEOWNER’S ASSOCIATIONS TO
INSTALL PRIVATELY OPERATED SECURITY CAMERAS
WITHIN THE PUBLIC RIGHTS-OF-WAY
I. PURPOSE
The City developed a pilot program (“Pilot Program”) on January 7, 2023, to permit a qualifying Homeowner’s Association (“HOA”) to install private security cameras within the public right s-of-way for HOA security purposes and voluntarily 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. The Pilot Program was extended for an additional two years and is now being permanently implemented unless terminated by the City Council.
II. APPLICATION
This application sets forth the terms and conditions for HOAs to apply for 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 (“Program”).
III. TERMINATION
The City Council reserves the right to terminate this Program at any time, with or without cause.
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).
V. APPLICATION FOR ENCROACHMENT PERMIT
An application for an encroachment permit to install private security cameras within the public right-of-way 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;
2 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 approved by the Public Works Director that does not interfere with pedestrians, bicycles, vehicles, emergency vehicles, or utility access, or otherwise create a hazard within the public rights-of-way.
VI. CONDITIONS
The HOA shall comply with the following conditions:
A. Obtain a n encroachment permit and fully executed encroachment agreement, reviewed and approved by the City Attorney’s Office, prior to the installation of security cameras and appurtenant items within the public right-of-way.
B. 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.
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 and 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.
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 nor 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,
3 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 may share statistical information with the City so it can assess the program’s impact to crime reduction.
L. The HOA shall 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 restore t he City property to its original condition upon termination of Encroachment Agreement.
N. The Public Works Director may establish additional administrative requirements necessary to implement this section, including application procedures, equipment specifications, installation requirements, mounting standards, signage, maintenance requirements, and other technical requirements.
O. 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.