STAFF REPORT. Meeting Date: January 24, 2017 To: From: Subject:

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1 STAFF REPORT Meeting Date: January 24, 2017 To: From: Subject: Honorable Mayor & City Council Captain Tony Lee Request to Implement a Pilot Program to Expand Existing CCTV and ALPR in Residential Areas Attachments: 1) Beverly Hills Police Department CCTV and ALPR Policy 2) Community Questions INTRODUCTION As directed by City Council, this report discusses expanding the City s existing Closed Circuit Television Camera (CCTV) program and Automated License Plate Recognition (ALPR) into residential areas. City Staff including representatives of the City Attorney, Information Technology, Police, and Public Works departments have discussed expanding the current CCTV program to monitor, prevent, and solve crimes within the residential areas of the City. This study session will update the City Council on current activities, legal questions, policy concerns, and operational issues to be considered prior to implementation of any additional camera surveillance system in the City. DISCUSSION The City Council first considered installing CCTV as part of its crime prevention program. Since that time, the City s network of cameras has continued to expand. Results indicate that installation of additional cameras in the residential areas of the City should be considered. The forensic usefulness of the existing CCTV system is conclusive by way of the simple fact that numerous crimes which have occurred within range of the network, have been solved utilizing evidence gleaned from the CCTV system. With these successes in mind, similar results can be expected from expanding the CCTV network into the residential areas of the City. Anticipated results of the proposed augmentation to the existing CCTV/ALPR system will: Improve safety for first responders via the ability to observe potential suspects and survey crime scenes within seconds of a notification; prior to officers actual arrival Provide more conclusive evidence to support prosecution

2 Meeting Date: January 24, 2017 Provide data for enhanced crime prevention techniques by analyzing digital recordings for crime deterrence factors and indicators Deterrence of crime Better protection for citizens in the community via ALPR real-time notifications of vehicles entering the area with active wants or warrants The forensic need to expand the system to include the residential areas is compelling. The following is a random sample of crimes that have occurred within the last six (6) months in which the proposed CCTV augmentation would have likely produced viable evidence: All City areas north of Sunset Blvd. o Total of seventy-nine (79) crimes o Total Loss $786,856 Residential Burglary accounted for $485,955 All City areas between Sunset Blvd. and Santa Monica Blvd. o Total of one hundred thirty-three (133) crimes o Total Loss $838,073 Residential Burglary accounted for $791,546 All City areas between Charleville Blvd. and Whitworth Dr. o Total of two hundred sixty-nine (269) crimes o Total Loss $556,992 Residential Burglary accounted for $144,417 *Not a complete list of all crimes Public concerns about CCTV often revolve around civil liberty violations and privacy rights. The City s current policies ensure that Fourth Amendment rights protecting citizens from unreasonable search and seizure and their personal privacy are maintained. Courts have consistently found that a reasonable expectation of privacy does not apply in public areas. Staff representatives agree that with comprehensive policies and protocols, training and supervision, instances of misuse can be avoided. Cameras should only be used where there is no constitutionally protected expectation of privacy. Covert use of cameras may be both beneficial and appropriate in certain circumstances where apprehending suspects during the commission of certain crimes is the desired goal. However the use of an overt system may provide a valuable deterrent to criminal activity. The opinion of the Beverly Hills Technology Committee is to continue with our current strategy of conspicuous camera placement without announcement signage. While this opinion may not appear to be congruent with the listed anticipated result of the program, it is the committee s view that the conspicuous camera placement alone will act a deterrent. Additionally, choosing not to post signage would provide a less Orwellian environment and still allow less observant criminals the opportunity to commit crimes within the view of the cameras. Beverly Hills will not be the first city to utilize CCTV in a residential area. Public agencies nation-wide use CCTV, and it is used extensively throughout California. Cities like Chicago, New Orleans, and Minneapolis have extensive law enforcement camera Page 2 of 5 1/19/2017

3 Meeting Date: January 24, 2017 operations. Closer to home, cities such as Los Angeles, Santa Barbara, Riverside, South Gate, Glendale, and Pasadena, all have installed cameras to varying extents. The City Attorney s Office has reviewed the current policy governing our present CCTV/ALPR system and considered possible legal concerns of augmenting the system into the residential areas. The primary concern has been, and will continue to be the reasonable expectation of privacy. This is essentially part of the Fourth Amendment right against unreasonable search and seizure; restricting monitoring to public places, which by law and custom have a greatly diminished reasonable expectation of privacy. Some common concerns which are adequately addressed in our current policy include: Information obtained from CCTV is to be used exclusively for safety and law enforcement purposes. Information obtained through the use of CCTV will be handled according to the accepted law enforcement procedures and legal rules governing the handling of evidence. Dissemination of information will be conducted in accordance with applicable state and federal laws. Unusable or non-case specific data will not be retained and purged within an appropriate time as indicated by policy and statute. BHPD personnel involved with CCTV will receive appropriate training applicable to criminal and civil law. CCTV requires either a wired or wireless network. The City of Beverly Hills has a robust Fiber Optic Service ff105) network which would supply ample bandwidth for the additional cameras. Installation of the new cameras will follow the established protocol for our current system which utilizes the combined efforts of the Information Technology Department (I.T.), Department of Public Works, and private vendors. Once installed the I.T. Department would maintain the cameras as part of the City s existing network. I.T. personnel would then monitor, maintain, upgrade and retain security of the network system. Working with the Information Technology Department, a pilot program has been developed that prioritizes the suggested camera locations with an emphasis on residential cameras. In addition to the identified benefits of the City s camera initiative, one of the goals of the pilot program will be to quantify the effectiveness of residential cameras prior to a larger expansion of the program throughout the City. Two general areas will be included in the pilot program; one in the north and a second area in the south areas of the City. A committee of representatives from within the Police Department met to determine the most beneficial locations for the additional cameras. Simply utilizing crime data to determine camera locations would discount ingress and egress routs, casing habits of criminals, the use of lay off vehicles, and other very important factors that must be considered for successful enforcement activity. The committee s efforts were primarily statistically driven; utilizing crime trend data for 2015 and 2016 to determine the general area of need. Staff from P.D. and l.t. have worked together to identify a list of priority locations that would benefit from CCTV/ALPR coverage. Page3of5 1/19/2017

4 Meeting Date: January 24, 2017 Seeing that the primary use for these proposed cameras is forensic and preventative in nature, it was determined that placing them in the alleyways would not be the best use of the resource. Not all residential burglars utilize an alley. If a burglar does utilize an alley, they must employ the nearby roadways in order to access it. Therefore placing a camera on the main thoroughfare near the alleys would capture much more relevant data. Additionally, conspicuous and overt use of surveillance has a deterrent factor for criminal activity. This fact further indicates that deploying cameras in areas with more traffic, such as main roadways that are residential adjacent, would provide more value over a camera with an alley placement. Pilot Program For the pilot program, there will be approximately twelve (12) CCTV Cameras and four (4) ALPR cameras at each area. It is anticipated that these cameras can be in place in the month of April 2017 with the proposed evaluation period lasting until August In September of 2017 a determination can be made if additional residential expansion is warranted. In terms of addressing the other prioritized locations that are in non-residential areas, a parallel plan has been developed and work is currently underway. Cameras for the Santa Monica corridor have been designed into the work associated with the roadway improvements. Olympic Blvd, South Beverly Dr., and Roberson Blvd. expansions are being designed and new cameras are anticipated this fiscal year. While many cameras currently exist on Wilshire Blvd., additional expansion is being coordinated in concert with Metro construction. Staff will bring back a follow up report in six (6) months to provide an update on the program and at the time receive additional comments from the community. Additionally, we will work with the City s Communications Office to develop an outreach program regarding the program. FISCAL IMPACT On average an intersection costs approximately $20,000 and approximately twelve (12) intersections have been identified for the pilot program. Adding the cost of the sixteen (16) ALPR cameras that will also be utilized in the pilot program, the total cost of the pilot program will be approximately $480,000. This work can be accommodated under the existing multi-year Community Video Security Capital Improvement Project. Funds for this project are currently budgeted and no additional dollars are required. For the current fiscal year, the budget for this effort stands at $1,000,000. Based on the success of the pilot, additional funding may be required in the upcoming fiscal year. If this is the case, a request will be made to Council as part of the annual budgeting process for the upcoming fiscal year. Page 4 of 5 1/19/2017

5 Meeting Date: January 24, 2017 RECOMMENDATION Staff recommends continuing the expansion of the CCTV/ALPR system to include residential areas of the City and propose a tentative implementation timeline no later than April Sandra Spagnoli, Chief of Police Approved By Page 5 of 5 1/19/2017

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7 61296 CLOSED CIRCUIT TELEVISION VIDEO SYSTEM (CCW) Any technological advances that may be incorporated into the existing video camera system shall be intended to enhance the system capabilities and not materially change the scope or intent of the system PURPOSE. The City of Beverly Hills is dedicated to providing the highest level of safety, security and service to those who live, work, visit or travel within its boundaries, The Beverly Hills Police Department s Closed Circuit Television Video System fcctv) program is part of the City s broader Community Safety Initiative. The program will enhance public safety by employing a smart camera video system that incorporates alarm and detection capabilities to improve the Department s ability to: 1. Deter criminal activity; 2. Respond to public safety needs; 3. Investigation of criminal activity; and 4. Identify and apprehend crime participants and serve as an aid to the successful prosecution of those responsible for criminal acts. This policy will specify rules of acceptable Department use of the CCW system in order to achieve program goals without compromising the public s right to privacy POLICY. It is the policy of the Beverly Hills Police Department to install, use and maintain a CCW system to enhance the safety of the community. It is the intent of these policies and guidelines to ensure that all citizens who may be conducting their activities in a place generally described as public be assured that their Constitutional right to privacy is respected and protected. The rules set forth in this policy are intended to ensure that the cameras are reasonably and properly operated and comply with the intent of the City program and in compliance with State and Federal laws. The cameras shall be operated in a manner consistent with the intent of this policy and the standards of this Police Department. The system shall not be used for the arbitrary viewing of citizens. Nor will it be used for the viewing of activities where a reasonable expectation of privacy may exist, even though conducted in a public place. The Records Bureau Manager is the Custodian of Records and shall maintain custody of recorded video images and oversee the dissemination and release of such video as set forth in the California Public Records Act ACCESS AND TRAINING. The cameras and monitors shall be operated and viewed only by authorized, properly trained personnel. A. Such training shall be documented and acknowledged in writing by both the employee providing the training and the employee receiving the training. B. Access and Viewing shall be conducted in strict accordance with policy and training as documented in the signed training acknowledgement. Authorization to operate the system shall be in the course of legitimate police business and on a needto-know? right-to-know basis, C. Viewing for demonstration purposes (other than training as provided for herein) may be conducted if expressly approved by the Administrative Services Division Commander. The Administrative Services Division Commander, Special Projects Unit Staff, or the Watch Commander shall supervise any demonstration. 4/ STORAGE. Stored images will be retained for a period of thirteen months (395 days). Images will be digitally stored on secure servers located in the City of Beverly Hills Information Technology (IT) Department to facilitate prompt retrieval for investigative purposes and/or transferred to a tape medium for the remainder of the storage period DUPLICATION AND RELEASE. Video images stored on servers will be accessed and retrieved only by the Custodian of Records. Such images may only be reproduced, distributed, or shown to other persons in accordance with procedures set forth in the Clerical Operations section of the Department Manual. Videos will not be released outside of the Department without the approval of the Chief of Police or his designee, and only then in accordance with established procedure

8 and in compliance with the California Public Records Act PROCEDURE. The CCTV system shall be operated and accessed in the following manner: A. The system used by the Beverly Hills Police Department shall utilize multiple fixed and adjustable cameras focused on predetermined public areas in public places. 1. Cameras shall be situated in a manner and located in public places that maximize the field of view of public areas for public safety purposes. Camera placement shall minimize the potential for inadvertent capture of images from areas where there would be a reasonable expectation of privacy. forth in this policy. Such viewing shall be restricted to law enforcement related business in accordance with this policy. Casual viewing of these private video sources is prohibited NO AFFIRMATIVE DUTY TO MONITOR. This policy is not intended to create an affirmative duty on the part of the Department to live monitor, whether on a continuous or periodic basis, the CCW system located in public places. Installation of the CCW system is not designed to benefit specific individuals, businesses, entities or groups, and thus shall create no special relationship with any specific person or party. The CCTV system may be live monitored on a case-by-case basis, as deemed appropriate by the Department, for the purposes set forth in this policy. 2 The cameras may be equipped with Pan, Tilt, and Zoom (PTZ) capabilities that allow operators to manipulate the framing or focal length of a video image. Such manual operation of the cameras shall be solely for the purpose of monitoring potential suspicious persons, activities, or as a result of a call for service. B. The system shall require each employee to have a unique user account to access the system. Employees shall log on to that account with a password prior to viewing and log off when finished. This system shall be able to track all account activities by each employee and provide an audit trail showing what each employee viewed during his/her shift. C. The system shall only be used for purposes directly related to public safety or authorized internal or criminal investigations. The system shall not be used to track individuals arbitrarily or based on race, gender, ethnicity, sexual orientation, disability or other classification protected by law. Absent a legitimate law enforcement need, the cameras shall not be directed to look into windows of buildings, non-public areas where an expectation of privacy exists, or to focus/zoom in on any personal physical features of individuals observed on the video monitors D. On occasion, the Department may have access to video feed from CCTV systems owned/operated by private entities within the City. Examples may include, but are not limited to hotels, banks, and retail stores. Authorized personnel viewing video received from a private entity shall treat such video in a manner consistent with the rules and procedures set AUTOMATED LICENSE PLATE RECOGNITION falpr) 4/ PURPOSE. The Beverly Hills Police Department s Automated License Plate Recognition (ALPR) Program is part of the City s broader Community Safety Initiative. The ALPR program will enhance public safety by employing fixed, mobile, and portable ALPR camera systems to detect, identify, and apprehend criminal offenders DESCRIPTION. ALPR Generally ALPR uses cameras to read vehicle license plates. The plates are processed through federal, state and local databases to identify wanted vehicles or vehicles of interest, capturing the date and time the vehicle was at a location. This information allows law enforcement to identify and respond, provides for rapid, efficient and appropriate deployment of law enforcement resources, and may also serve as a post-incident investigative and prosecution resource. Mobile ALPR - consists of fixed cameras mounted on selected marked black and white police vehicles and an ALPR program icon located on the Mobile Data Computer (MDC) touch screen. Fixed ALPR - consists of one or more cameras permanently affixed to a pole, traffic signal, or street light in the public right-of-way, which monitors a traffic lane or lanes on a public roadway. Portable ALPR - consists of one or more cameras that can be temporally affixed on or in a vehicle, pole,

9 trailer, or other object. The portable ALPR also consists of a laptop computer. protocols resulting from changes or improvements in technology. Back-end Server - consists of a server located in the Beverly Hills Information Technology Department dedicated to saving/maintaining information captured via the ALPR system. The server also acts as a pathway to Department of Justice databases and other databases accessed by the ALPR system POLICY. It is the policy of the Beverly Hills Police Department to install, use and maintain an ALPR system to enhance the safety of the community while protecting individuals constitutional rights. The rules set forth in this policy are intended to ensure that the cameras are reasonably and properly deployed, comply with the stated purpose, and comply with State and Federal laws. A. Use By Authorized Personnel Only. Only authorized personnel trained in the use of the ALPR are to operate the system. B. Mounting of Cameras. The mounted cameras on the Mobile ALPR are not adjustable, no attempt to move or reposition them is permitted. Likewise, the adjustment of the cameras on the Fixed ALPR may be done only under the supervision of authorized personnel trained in the use of the ALPR. C. Positioning of Cameras. Fixed ALPR will be located in the public right of way. Mobile or portable ALPR will be used primarily in the public right of way and will avoid collecting ALPR data in areas in which residents have a reasonable expectation of privacy. D. Use, Handling and Storage of ALPR Data. 1. Data may be uploaded/downloaded to the ALPR devices and Back-end Server via electronic wireless transmission. 2. The data downloaded on the ALPR devices are for official use only and contain sensitive information including data from the National Crime Information Center (NCIC), the California Law Enforcement Telecommunication System (CLETS), the Countywide Warrant System (CWS), and other law enforcement data bases including local BHPD databases. 4 Any alerts (wanted return) received from the ALPR including lost or stolen license plates, stolen vehicles, wanted persons, outstanding warrants, Amber Alerts, and vehicles of interest should be confirmed through the Mobile Data Terminal or Police Communications before any law enforcement action is taken absent additional information necessitating immediate police action i. Vehicles of interest may be entered by ALPR administrators, unit commanders or their designees into BHPD local databases. An ALPR vehicle alert identified via vehicle of interest list information does not automatically provide ALPR users with sufficient justification to pullover or detain vehicle occupants. Since these vehicles of interest may include vehicles that whose occupants are not necessarily wanted for a crime (ex sex registrants vehicles). personnel must have a reasonable, articulable suspicion of criminal activity or probable cause before stopping such vehicles. 5 ALPR data will be stored, retained, and destroyed in accordance with existing City of Beverly Hills Administrative Regulations on records retention for photographic documentation. E. Access to Stored Data. Authorized personnel with both a need and a right to access stored ALPR data will be provided with a unique login/password to access stored ALPR data. Need shall be defined as a legitimate law enforcement need related to an investigation or report follow-up A0 PROCEDURE. A. Inspect and activate system. B. Download current information from the Back-end Server at start of shift. 3. This manual section does not preclude authorized changes to the upload/download C. Responding to ALPR returns. 1. Mobile ALPR

10 a. Operators must confirm the plate by visually checking the actual plate against the ALPR interpretation of that plate. b Hits generated by the ALPR including open warrants, stolen vehicles or others as described above are not sent to Police Communications or the dispatcher. Officers should confirm the hit on the plate via their MDT or through Police Communications. 2. Fixed ALPR. a. Hits generated by fixed ALPR cameras will be automatically transmitted to BHPD Communications personnel. b. The Communications Dispatcher shall then confirm the plate by visually comparing the captured image of the plate against the ALPR interpretation of that plate. The Dispatcher shall then confirm the status of that plate in the appropriate computer database. c, Once positively confirmed, the Dispatcher shall notify police units via police radio of the following: i Vehicle license number and description (make, model, color). ii. Last known location and direction of travel. iii. What the vehicle is wanted for.

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12 of our residential streets and alley ways? If not, please clarify. 1. Is it accurate to say that the City of Beverly Hills is proposing a program to have 24 hour surveillance appropriate use. Staff has recommended for public comment opportunity and questions at each City There is no third party contractor. City Staff manage the data following the established policy for they keep their practices and ethical standards available and transparent with the community? to any potential or accepted vendors, companies, suppliers, contractors, organizations, or agencies funding utilized for this project. The five-year plan will be funded via the City s Information Technology fund. Department of Homeland Security or another federally funded law enforcement agency? If so, what are the stipulations tied to it? How exactly will it be funded? parameters authorized by Federal, State, and local statutes. There are no current plans to share the data with any other entity. The Police Department will be the State of California, Department of Justice, private entities, or any other federal law enforcement agencies? If so, how? If not now, are there plans to share with other parties in the future? There is no active monitoring of the system nor third party contract. The data is primarily for forensic use in solving crimes. On (the applicable) occasion, it will be utilized to handle crimes in progress. systems? major intersections, secure infrastructure, and areas around school sites. Community input on the camera locations has been driven primarily by crime prevention statistics; camera locations include subject of cameras in residential areas has resulted in the City Council considering expansion of the The City has had a Community Video Security program in place for over a decade. Prioritization of CCW program into residential areas of the City at the January 24th meeting. 2. Who is the third party contractor Beverly Hills is planning on handling the monitoring of these camera 3. Is access to footage or data from the proposed cameras system going to be shared or tied in with the only City Department authorized to release the information and it will be done under the strict legal 4. Is the funding for this program coming from a grant or any other financial funding device from the This is a Council generated program under The Smart City / Safe City initiative. There is no grant 5. Does any employee or elected official of the City of Beverly Hills have any personal or professional ties involved in relation to this surveillance camera system initiative? If so, please explain. No. There are no known ties to any official or employee of the City to any entity involved in the project. 6. How will the contractor in charge operating the cameras be accountable to the community? How will Community Questions

13 policies will be posted in full on the City s website. These concerns are addressed in policy and enforced via both criminal and policy discipline. These 7. How can we be sure that the information from these cameras will not be shared with third parties? voluntary basis by BHPD for forensic evidence. assessment for the Police Department which will include prospected growth in officer deployment. manner through budget requests. Individual and private CCTV systems are currently used on a The funding for the implementation of any additional officers will be completed in the appropriate Along with the advancement of the CCW / ALPR system, we are concurrently completing a needs hacked. The likelihood of this happening is actually quite small due to extensive safeguards. This officers alone. ALPR system provides a force-multiplier effect which affords more observation and information than CCW I ALPR and the proposal of hiring more police officers are not mutually exclusive ideas. The CCW/ system has proven to be extremely effective in solving crimes and promising with preventing crime. The current system has been in existence for approximately ten years and has not been compromised, ineffective in crime prevention? which has the strong potential of being negated! hacked by criminals and has a high probability of being Washington, DC got approved in 2016 as opposed to installing a multimillion dollar camera system rebates to citizens for installing their own cameras around their properties as Mayor Muriel E. Bowser of 10. Why are we not exploring the avenue of using this money to hire more police officers or offering privacy concerns are addressed in policy and enforced via both criminal and policy discipline. These policies will be posted in full on the City s website. This is not applicable since there will be no third party involvement or access in the project. These 9. What guidelines will the third party vendor and City of Beverly Hills comply with to ensure no abuse? pertaining to unauthorized access. The protection concerns are addressed in policy and enforced via both criminal and policy discipline. These policies will be posted in full on the City s website. Any access is subject to an automated audit process which would also track any unlikely issues protected via a system of firewalls and security appliances which meet or exceed industry best practices. As previously answered, there will be no third involvement or access in the project. The data is securely privacy and rights once cameras are put in place from any accidental overeaches of surveillance? 8. How can our City officials and the proposed third party operator guarantee the protection of citizen s Committee, which meets once a month. Council public meeting regarding the project. Additionally, residents can ask the City s Technology

14 11. What are the main objectives for the City would like to use these cameras for and what are the limitations? / The primary objectives for the CCIV ALPR system are for forensic data and crime prevention. It will also be used for issues such as traffic hazards or catastrophic disaster response and mitigation. While it would be preferred that the system be actively monitored, studies have shown that the sheer volume of information and attention required are beyond the human capacity without a significant increase in staffing. However, the system has the ability to complete analytics and forensics such as motion detection and license plate recognition. It can also create real-time alerts for an assortment of parameters regarding the data. 12. Is there a plan to implement a type of citizen watchdog organization to make sure all information and practices are staying within their bounds? The stringent legal and policy restrictions on viewing the data would make this type of oversight too cumbersome to be effective. There will be ongoing audits by the Police Department to insure policy is strictly adhered. The results of these audits will be offered to the Council and Technology Committee on an ongoing basis. In effect, this protocol will provide oversight. 13. Is this third party contractor or any other associated agencies offering any concessions, grants, or added incentives to the City of Beverly Hills or any of its departments in addition to the approval and installation of these cameras? No. 14. Is there a possibility of captured footage being released to news or social media outlets as an aid in an investigation? If so, how will you be getting residences consent? The policies managing these issues are already implemented and currently govern our data obtained from the existing CCW ALPR system as well as body-worn cameras. The data is accessible by any entity including new media and private parties under the Public Information Act. If required to maintain personal privacy or to protect an ongoing investigation, its content is redacted prior to release as required by policy. /