These minutes were approved at the Public Safety Committee Meeting of 11/22/2022
CITY OF SAN CLEMENTE
MINUTES OF THE REGULAR MEETING OF THE
PUBLIC SAFETY COMMITTEE
October 25, 2022
City Hall
Council Chambers 910 Calle Negocio
San Clemente, CA 92673
CALL TO ORDER
Committee Chair Loeffler called the Regular Meeting of the Public Safety Committee of the City of San Clemente to order at 3:03 p.m.
PLEDGE OF ALLEGIANCE
Public Attendee Lisa Edone led the Pledge of Allegiance
ROLL CALL
Committee
Members Present: Chair Rick Loeffler
Vice Chair Charles Hightower
Nick Berkuta
Scotland Roeber
Chief Cheyene Maule, Orange County Fire Authority
Captain Tony Benfield
Captain Mellott, Marine Safety
Staff Present: Adam Atamian, Deputy Community Development Director Natanya Wilcher, Office Assistant
Special Guests: Duane Cave, Senior Public Affairs Manager, SDGE Chair Loeffler discussed the resignation of Committee Member William Hanrahan and efforts to fill that position. He welcomed Chief Maule, Orange County Fire Authority.
4. SPECIAL ORDERS OF BUSINESS/PRESENTATIONS
A. Presentation by Duane Cave, Senior Public Affairs Manager of San Diego Gas and Electric (SDG&E) on Community Disaster Planning
Minutes of the Regular Meeting of the Public Safety Committee of October 25, 2022 Committee Member Berkuta introduced Duane Cave, Senior Public Affairs Manager of San Diego Gas and Electric (SDG&E).
Mr. Cave discussed his history with SDG&E and So Cal Gas and provided a presentation on the importance of personal preparedness including knowing your risk, preparing evacuation and communications plans, creating emergency kits, and knowing where to get information.
Committee Member Berkuta asked about electrical resilience preparedness of SDG&E. Mr. Cave discussed SDG&E's plans and preparedness for emergencies and restoration. He discussed his experience during the Northridge Earthquake and explained when to turn off the gas.
Vice Chair Hightower asked what the City could do to assist with emergency preparedness. Mr. Cave suggested helping with communication to the public.
Chair Loeffler asked if smart gas meters would turn off gas. Mr. Cave stated a smart meter would not shut off the gas but perhaps he was referring to an earthquake valve.
Committee Member Roeber asked about engineering controls SDG&E working on to mitigate undergrounding electrical distribution and /or installing earthquake valves. He state 05d i% late ines were ale undergrounded and customer.
discussed issues with reliability.
Public Member Michael Greenwald suggested providing information on vehicle emergency kits.
Chair Loeffler introduced Scotland Roeber. Committee Member Roeber thanked the Council for the appointment and expressed his enthusiasm for serving.
MINUTES
A. Minutes from the Regular Public Safety Committee meeting of September 27, 2022.
MOTION BY COMMITTEE MEMBER BERKUTA, SECOND BY VICE CHAIR HIGHTOWER AND CARRIED 4-0 to approve the minutes from the Public Safety Committee meeting of September 27, 2022.
6. ORAL AND WRITTEN COMMUNICATION
Lisa Edone expressed concern regarding public safety and health issues; and provided photographs from the Rancho San Clemente Business Park depicting a vehicle changing license plates, people living in vehicles, human waste, open
Minutes of the Regular Meeting of the Public Safety Committee of October 25, 2022 flames, and homeless encampments. She asked who and when to call to report issues.
Rosemary Salas, Human Affairs Committee, expressed concern about a van parked on Pico in the fire lane going into Marblehead Canyon. She asked why vehicles with expired tags were not being ticketed.
Captain Benfield encouraged concerned citizens to call the Sheriff's Department.
He discussed the inoperable vehicle.
Chair Loeffler asked about the policy on overnight parking. Captain Benfield discussed the prohibition of parking for more than five hours and difficulty in enforcement. He discussed the Martin vs. Boise case.
Rosemary Salas discussed the call from Glen Walker regarding RVs parked outside his business. Captain Benfield confirmed that he would review the calls and remind deputies of appropriate response. Lisa Edone reiterated concern regarding illegal camping, dumping of grey water and potential fires. Chief Maule encouraged concerned citizens to call the Fire Department regarding open flame issues.
Vice Chair Hightower suggested Ms. Edone ask those individuals what they were doing there. Ms. Edone discussed conversations they had with campers.
Deputy Director Atamian explained the Code Compliance process and encouraged urgent matters be reported to the Fire or Sheriff's Department. He discussed efforts of the Community Outreach Workers.
Ms. Salas informed staff of the website listing easy locations for camping.
REVIEWS AND RECOMMENDATIONS
None.
NEW BUSINESS
A. Evaluate an Ordinance Concerning Street Side Soliciting Deputy Director Atamian indicated the City Council requested the Committee review a potential ordinance to prohibit or regulate street side soliciting. He presented the Lake Forest and Aliso Viejo ordinances.
Chair Loeffler questioned prohibitions for standing in the roadway in the Aliso Viejo ordinance. Deputy Director Atamian discussed the City's aggressive- panhandling ordinance, which identified "public places" to include certain areas of private property open to the public.
Minutes of the Regular Meeting of the Public Safety Committee of October 25, 2022 Chair Loeffler asked about child endangerment. Captain Benfield indicated it would depend on the conduct. He recalled Court decisions that panhandling was not illegal.
Vice Chair Hightower questioned whether street side soliciting was a problem in San Clemente. Deputy Director Atamian stated he had seen panhandling in the City, typically at the 5 Freeway off-ramp at Pico or around entrances to Plaza Pacifico. He stated a City ordinance would not be enforceable on Caltrans right of ways.
Committee Member Berkuta asked if State law had a similar ordinance. Deputy Director Atamian stated only driving was permitted on State property. He explained exceptions, such as sidewalks.
Chair Loeffler confirmed the issues at Pico Plaza and indicated support for the Aliso Viejo wording.
Public Member Michael Greenwald expressed concern with child safety while the adult was "begging." Chair Loeffler confirmed the Sheriff's Department received welfare checks related to begging.
Vice Chair Hightower questioned enforceability.
Committee Member Roeber requested Captain Benfield's input on efficacy and unintended consequences. Captain Benfield suggested education prior to citation. He anticipated short term benefits and stated he would contact other jurisdictions.
Committee Member Roeber requested information on possible impacts to public safety services.
Chair Loeffler asked if the ordinance was unenforceable. Captain Benfield anticipated it to be enforceable and stated most people would leave after being warned.
Committee Member Berkuta questioned the 10 am to 3 pm window. Deputy Director Atamian explained the exemption for charitable organizations and commercial solicitation permit requirements. He presented the Committee with its options.
Chair Loeffler stated he was prepared to proceed.
Chair Loeffler anticipated most panhandlers were gypsies and the ordinance would force them to move on. He indicated he was prepared to move forward.
Minutes of the Regular Meeting of the Public Safety Committee of October 25, 2022 Vice Chair Hightower asked if an ordinance was enforceable and its impact on the First Amendment. Deputy Director Atamian stated the City Attorney's Office supported both ordinances as enforceable and not violating the First Amendment. He explained the purpose to protect vehicle safety, not limit ability to express First Amendment rights.
Chair Loeffler stated the ordinance provided a tool to educate on safety issues.
Chair Loeffler suggested allowing Captain Benfield the opportunity to review the ordinances.
Captain Mellott requested providing Captain Benfield the opportunity to discuss the matter with his colleagues. Captain Benfield discussed his experience with enforceability of similar ordinances.
CONSENSUS
By consensus, the Committee deferred action to allow staff to bring back additional information and a recommendation.
9. UNFINISHED BUSINESS
Deputy Director Atamian indicated the Council approved the 2022-2023 Annual Work Plan without changes. He reminded the Committee of the outstanding assignments to working groups.
The Committee discussed the appointments and determined the following appointments:
• Communications - Committee Member Berkuta and Vice Chair Hightower • Homelessness - Chair Loeffler
• Legislative Review - Chair Loeffler and Committee Member Roeber • Statistic Review - Committee Member Roeber and Committee Member Berkuta
• Neighborhood Watch - Chair Loeffler and Mike Greenwald • Tech Review - Committee Member Berkuta and Vice Chair Hightower : Human Traffcking - Chair Loefer
Traffic and E-bike - Vice Chair Hightower and Committee Member Roeber
A. Communications and Disaster Preparedness Project Update Committee Member Berkuta stated Southern California Gas Company would be presenting at the next meeting. He stated he was working with Public Works Director Kiel Koger on designating mass care sites and discussed efforts towards internal amateur communications emergency radio.
Minutes of the Regular Meeting of the Public Safety Committee of October 25, 2022 B. Homelessness and Best Management Practices for Public Safety Personnel Project Update
Chair Loeffler indicated there was nothing to report on homelessness Deputy Director Atamian provided an update on homeless outreach and announced that the second community outreach worker recently started. He Informed the Committee of the data available on the City's website.
C. Legislative Review Project Update
Chair Loeffler summarized recently adopted Assembly and Senate bills.
D. Neighborhood Watch Project Update
Chair Loeffler asked the status of the link on the City's website. Deputy Director Atamian responded that the website updates are in process and anticipated to be complete by the next meeting of the Committee.
E. Human Trafficking Project Update
Chair Loeffler discussed the successful town hall meeting on human trafficking.
F. Traffic and E-Bicycle Safety Project Update
Chair Loeffler discussed successful reduction in e-bike issues and encouraged focus on education.
Vice Chair Hightower stated shop owners needed to be educated.
G. Review of Urgent Matters
None.
10. REPORTS OF COMMITTEE MEMBERS AND STAFF
A. Police Services - Orange County Sheriff's Department Captain Benfield Captain Benfield discussed the successful human trafficking operation and town hall. He discussed the uptick in residential burglaries. He announced the public safety town hall meeting on October 26, 2022. He discussed the Flock installation and cross jurisdictional access.
Nick Berkuta suggested a ribbon cutting on the Flock project.
Minutes of the Regular Meeting of the Public Safety Committee of October 25, 2022 Vice Chair Hightower questioned training on the program. Captain Benfield discussed Countywide efforts, notifications and collaboration.
B. Fire Services - Chief of San Clemente Fire Services, Chief Maule Chief Maule stated it had been a slow start to the season and fire season preparations were ongoing.
C. Marine Safety - Marine Safety Division Captain Mellott Captain Mellott announced that AB1672 and the City Council resolution allowed ocean lifeguards to work at pools. He discussed the Fast Food Relief Act bringing the wage to $22 per hour and the impact on lifeguard salaries.
He encouraged attendance at the lifeguard tryouts on November 6, 2022. He provided statistics on rescues, visitors, water temperature, and staffing.
Vice Chair Hightower asked what the Committee could do to assist in increasing salaries. Captain Mellott discussed the approved classification and compensation study and proposed potential incentive pay.
Vice Chair Hightower encouraged Captain Mellott to focus on the additional requirements in the City.
Committee Member Roeber suggested compensation adequate for the premier internal public safety agency. He discussed recruitment and retention crisis in all public safety. Captain Mellott discussed difficulty staffing up and down the coast and reason for earlier tryouts.
Committee Member Roeber requested staff, particularly social media, assist in promoting the recruitment. Captain Mellott provided the various outlets utilized for advertising.
E. Committee Members
Committee Member Roeber thanked the Committee for its welcome and expressed his enthusiasm for serving
Committee Member Berkuta thanked Committee Member Roeber for volunteering to serve. He expressed his appreciation for the work of the Committee and staff.
Vice Chair Hightower discussed Fire Department statistics, particularly medical aid.
Minutes of the Regular Meeting of the Public Safety Committee of October 25, 2022 D. Committee Chair
Chief Maule left the meeting at 5:19 pm.
Chair Loeffler discussed the successful National Night Out event. He invited the community to the Crime Town Hall Meeting on October 26, 2022 at 6 p.m. at City Hall in Council Chambers, at 910 Calle Negocio, San Clemente, California.
F. City Staff
Deputy Director Atamian stated the Council would consider filling the ommittee vacancy at its next meeting. He announced that the new Code Compliance Manager would be starting on November 1, 2022
11. ADJOURNMENT
MOTION BY COMMITTEE MEMBER BERKUTA, SECOND BY VICE CHAIR HIGHTOWER, AND CARRIED 4-0 to adjourn at 5:28 PM to the next Regular Meeting of the Public Safety Committee scheduled to be held on Tuesday, November 22, 2022 at 3:00pm at City Hall in Council Chambers at 910 Calle Negocio, San Clemente, California.
Respectfully submitted,
Wilfolle
Rick Loeffler, Cha
Attest:
Adam Atamian, Deputy Community Development Director