August 25, 2026
Agenda Item No. 8
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
David A. Webb, Public Works Director - 949-644-3311, [email protected] PREPARED BY:
Josh McDonald, Principal Civil Engineer - 949-644-3326, [email protected]
TITLE:
Resolution No. 2026-63: Amending Council Policy L-6; Homeowners Association Security Camera Program within the Public Rights-of-Way ABSTRACT:
On June 27, 2023, the City Council adopted Resolution No. 2023-40, establishing the Homeowners Association Security Camera Pilot Program, permitting qualifying homeowner associations (HOAs) to install privately operated security cameras within the public rights-of-way. On July 23, 2024, the City Council adopted Resolution No. 2024-48, extending the pilot program through September 30, 2026, to allow additional operational experience and further evaluation of the program. Since the extension, five HOAs have installed camera systems, and additional HOAs have expressed interest in participating. Staff requests City Council permanently incorporate the Homeowners Association Security Camera Program into City Council Policy L-6, allowing qualified HOAs to operate private security cameras within public rights-of-way.
RECOMMENDATIONS:
a) Find the adoption of Resolution No. 2026-63 exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because the action will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a project as defined by CEQA; and b) Adopt Resolution No. 2026-63, A Resolution of the City Council of the City of Newport Beach, California, Amending Council Policy L-6 (Encroachments in Public Rights-Of-Way) and Adopting Associated Application Procedures to Allow Homeowners Association Security Camera Programs within the Public Rights-of-Way.
DISCUSSION:
City Council Policy L-6 establishes the City of Newport Beach's (City’s) policy regarding private encroachments within the public rights-of-way. Prior to 2023, privately operated HOA security cameras located within the public rights-of-way were not permitted.
On April 25, 2023, the City Council directed staff to develop a pilot program allowing qualifying HOAs to install privately operated security cameras within the public rights-of-way. On June 27, 2023, the City Council adopted Resolution No. 2023-40, establishing the pilot program through the City's encroachment permit process.
Following approximately one year of implementation, the City Council adopted Resolution No. 2024-48 on July 23, 2024, extending the pilot program through September 30, 2026. The extension provided additional time to evaluate the effectiveness of the program, coordinate with the Newport Beach Police Department's (NBPD) expanding camera network, and receive additional participation from qualifying HOAs while maintaining the operational standards established under the original pilot.
Throughout the pilot, participating HOAs have been required to obtain an encroachment permit and execute an encroachment agreement establishing insurance, indemnification, maintenance, repair, replacement and removal obligations. Camera systems are limited to fixed-position cameras utilizing solar or battery power and wireless communications. Audio recording, facial recognition technology, and pan-tilt-zoom functionality remain prohibited. City-approved signage is required at each installation.
Five qualifying HOAs have installed camera systems. Additional HOAs continue to express interest in participating. The NBPD has utilized footage voluntarily provided by participating HOAs during criminal and traffic investigations. Staff is not aware of significant operational issues, maintenance concerns, liability claims or conflicts with public use of the right-of-way. Participating HOAs have remained responsible for all installation, operation, maintenance, insurance, repair, replacement and removal costs. Staff has also reviewed the operational requirements developed during the pilot program and recommends retaining those standards through the adoption of the accompanying application for HOAs to install privately operated security cameras within public rights-of-way, which will continue to govern the permit application process and technical requirements.
The proposed resolution adopts the “Application for Homeowners Associations to Install Privately Operated Security Cameras within the Public Rights-of-Way” as the City’s administrative implementation document. The application establishes the eligibility requirements, application procedures, operational standards, privacy protections, permit requirements, maintenance obligations, insurance and indemnification provisions, and other administrative requirements applicable to participating homeowner associations.
Existing participating HOAs would continue operating without interruption under their existing encroachment permits and agreements, while future qualifying HOAs could participate through the City’s standard encroachment permit process utilizing the adopted application and City Council Policy L-6.
With approximately one month before the September` 30, 2026, expiration date of the current pilot program, City staff is recommending City Council approval to allow the program to be permanently incorporated into Council Policy L-6.
FISCAL IMPACT:
There is no fiscal impact related to this item. The program requires no ongoing City funding. Participating HOAs remain responsible for all installation, operation, maintenance, insurance, permit fees, repair, replacement and removal costs.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find the adoption of Resolution No. 2026-XX exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because the proposed action will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a project as defined by CEQA. The proposed action amends City Council Policy L-6 and adopts administrative application procedures governing encroachment permits for HOA security camera systems. Accordingly, the action is not subject to CEQA.
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. 2026-63 Amending City Council Policy L-6 and Adopting Associated Application Procedures to allow Homeowners Association Security Camera Programs Within the Public Right-of-Way Attachment B – Redline City Council Policy L-6
Attachment C – Clean City Council Policy L-6
Attachment D – Application for Homeowners Associations to Install Privately Operated Security Cameras Within the Public Rights-of-Way Attachment E – Existing Homeowners Association Security Camera Locations Attachment F – Sample City-Approved Security Camera Sign Resolution No. 2026-63: Amending Council Policy L-6; Homeowners Association Security Camera Program within the Public Rights-of-Way August 25, 2026
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