Agenda
3-27-23.PDF
Meeting Materials
2 - CONTRACT AWARD SPECIAL COUNSEL SERVICES.PDF
3 - CONSIDERATION OF RESOLUTION 2310 AUTHORIZING A CONTRACT WITH GATEKEEPERS SECURITY SERVICES FOR SE.PDF
1. Documents:
2. Documents:
CITY OF SAN CLEMENTE
Monday, March 27, 2023
City Council
Special Meeting Agenda
7:00 p.m. - Closed Session
7:15 p.m. - Business Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Duncan
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember James
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.
RULES FOR ADDRESSING COUNCIL
• Members of the public may address the City Council on matters within the jurisdiction of the City of San Clemente.
• If you wish to address Council, please complete one of the blue speaker cards located at the entrance to the Council Chambers and turn it in to the City Clerk or Deputy City Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address Council during the time that Council is considering that particular agenda item .
Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the “Oral Communications” portion of the meeting. • When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Please limit your presentation to three minutes.
MISSION STATEMENT
The City of San Clemente, in partnership with the community we serve, will foster a tradition dedicated to:
Maintaining a safe, healthy atmosphere in which to live, work and play; Guiding development to ensure responsible growth while preserving and enhancing our village character, unique environment and natural amenities; Providing for the City’s long-term stability through promotion of economic vitality and diversity…
Resulting in a balanced community committed to protecting what is valued today while meeting tomorrow’s needs.
City Council Special Meeting Agenda March 27, 2023
CLOSED SESSION (7:00 P.M.)
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2)
Number of Cases: 1
SPECIAL MEETING (7:15 P.M.)
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
1. Oral Communications
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council during Oral Communications. Each speaker will be allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Subject to very limited exceptions, Council is not permitted to discuss or take action on items that do not appear on the agenda.
2. CONTRACT AWARD - SPECIAL COUNSEL SERVICES AGREEMENT WITH
BEST, BEST, AND KRIEGER (BB&K) FOR TRANSITIONAL CITY ATTORNEY
SERVICES
Staff Recommendation
Approve, and authorize the City Manager to execute, Contract No. C23-15, a Special Counsel Services Agreement, by and between the City of San Clemente and Best, Best & Krieger, providing for special counsel services for the City of San Clemente, effective March 27, 2023.
3. CONSIDERATION OF RESOLUTION 23-10 AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT BETWEEN GATEKEEPERS
SECURITY SERVICES INC. AND THE CITY OF SAN CLEMENTE FOR
SECURITY SERVICES ON A TRIAL BASIS
Staff Recommendation
1. Adopt Resolution No. 23-10 entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO PREPARE AND EXECUTE A
CONTRACT BETWEEN GATEKEEPERS SECURITY SERVICES INC. AND
THE CITY OF SAN CLEMENTE FOR SECURITY SERVICES ON A TRIAL BASIS.
City Council Special Meeting Agenda March 27, 2023
2. If Resolution No 23-10 is adopted by Council, approve, and authorize the City Manager to execute, Contract No. C23-16, by and between the City of San Clemente and Gatekeepers Security Services Inc., providing for security services for a 60 day trial period and authorize Gatekeepers Security Services the authority to issue administrative citations.
4. Adjournment
The next Regular Council Meeting is scheduled to take place on April 4, 2023. Closed Session will begin at 5:00 p.m. and the Regular Business Meeting will begin at 6:00 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.
City Council Special Meeting Agenda March 27, 2023
CITY COUNCIL MEETING PROCEDURES
PRESENTATION OF WRITTEN MATERIALS TO COUNCIL
In order to ensure that Councilmembers have adequate time to consider written materials concerning agenda items, it is strongly recommended that such materials be submitted to the City Clerk by noon the date preceding the Council meeting.
MEETINGS RECORDED AND TELEVISED
City Council meetings are broadcast live and are replayed periodically on Cox Communications Local Access Channel 854. Meetings are also available for live-stream or post meeting viewing from the City’s website.
Meetings are also recorded via audio CD and/or DVD and retained as a City record in accordance with the City’s records retention schedule.
USE OF ELECTRONIC VISUAL AIDS BY PUBLIC AT MEETINGS
To allow staff adequate time to confirm software compatibility, individuals wishing to utilize electronic visual aids to supplement their oral presentations at the meeting, must submit the electronic files to the City Clerk by no later than 12:00 p.m. on the day of the meeting. Only compatible electronic formats will be permitted to be used on City audio/visual computer equipment. Staff makes no guarantee that such material will be compatible, but will use its best efforts to accommodate the request.
LENGTH OF MEETINGS
At 11:00 p.m., the City Council will determine which of the remaining agenda items can be considered and acted upon at this meeting and will continue all other agenda items to a future meeting.
AMERICANS WITH DISABILITIES ACT
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (949) 361-8200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.
COMMUNICATION DEVICES
To minimize meeting distractions and sound system interference, please be sure all personal communication devices are turned off or on silent mode.
MEETING SCHEDULE
Regular Council Meetings are held on the first and third Tuesdays of each month in the Council Chambers, located at 910 Calle Negocio, 2nd floor, San Clemente. Closed Session are considered at 5:00 p.m. and the Business Meeting begins at 6:00 p.m. Additional meetings of the City Council may be called as needed.
AGENDAS, ADMINISTRATIVE REPORTS AND SUPPLEMENTAL WRITTEN MATERIALS Agendas and Administrative Reports are available for review and/or copying at the City Clerk’s Department as soon as agendas are posted, by accessing the City’s website at www.san-clemente.org. An “Inspection Copy” of agenda materials is also located at the entrance to the Council Chambers during meetings for public review. All written material distributed to a majority of the Council after the original agenda packet was distributed is available for public inspection in the City Clerk’s Department, located at 910 Calle Negocio, San Clemente, during normal business hours.
The City Clerk’s Department offers an agenda packet subscription service free of charge. If you wish to receive email copies of City Council agendas, which include hyperlinks to staff reports and other back-up material, register at http://san-clemente.org/enotification.
AGENDA REPORT
CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/27/2023 Agenda Item: 2.
Department: City Manager
Prepared By Andy Hall, City Manager
Subject:
APPROVAL OF SPECIAL COUNSEL SERVICES AGREEMENT WITH BEST, BEST, AND
KRIEGER (BB&K) FOR TRANSITIONAL CITY ATTORNEY SERVICES
Summary:
On March 21, 2023, City Council approved the appointment of Burke, Williams, and Sorensen to provide City Attorney Services for the City of San Clemente. Best, Best, and Krieger (BB&K) has expressed their willingness to work closely with Burke, Williams and Sorensen during the necessary transition period and has provided a proposal for special counsel services to the City during the transition.
Discussion:
The approval of a new City Attorney necessitates a transition period to allow BB&K to familiarize the incoming City Attorney about key legal issues in the City. At the March 21, 2023 City Council meeting, the City Manager was authorized to present a long term transition plan between Burke, Williams, and Sorensen and BB&K to address the more complex legal items.
The Special Counsel Services Agreement with BB&K will allow for a seamless transition of City Attorney services for the more complex legal items. The contract for transitional legal services is attached, and the compensation for the hourly services include:
Special Counsel Services hourly rates:
· Partners and Of Counsel $380.00
· Associates, Directors of Govt. Affairs (if utilized) $335.00 · Paralegals, Law Clerks, Analysts, Pension Consultants (if utilized) $185.00 These costs will be monitored closely by the City Manager for cost containment purposes and reported to the City Council on a regular basis.
Council Options:
· Approve the Special Counsel Services Agreement with BB&K to provide special counsel services for the City of San Clemente effective March 27, 2023. · Modify and approve the Special Counsel Services Agreement. · Continue the Item with direction to staff to provide additional information. · Deny the Special Counsel Services Agreement.
CITY OF SAN CLEMENTE Page 1 of 2 Printed on 3/24/2023
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Meeting Date: 3/27/2023 Agenda Item: 2.
Fiscal Impact:
The costs associated with Legal Services are accounted for in the adopted municipal budget and no additional funding is anticipated.
Recommended Actions:
Staff Recommendation
Approve, and authorize the City Manager to execute, Contract No. C23-15, a Special Counsel Services Agreement, by and between the City of San Clemente and Best, Best & Krieger, providing for special counsel services for the City of San Clemente, effective March 27, 2023.
Attachment:
Special Counsel Services Agreement with Best, Best, and Krieger CITY OF SAN CLEMENTE Page 2 of 2 Printed on 3/24/2023
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Best Best & Krieger LLP | 18101 Von Karman Avenue, Suite 1000, Irvine, California 92612 Phone: (949) 263-2600 | Fax: (949) 260-0972 | WWW.BBKLAW.COM 55452.01100\41093458.3
Scott C. Smith
Partner
(949) 263-6561
[email protected]
March 22, 2023
Andy Hall
City Manager
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Re: Engagement for Special Counsel Services
Dear Mr. Hall:
ABOUT OUR REPRESENTATION
Best Best & Krieger LLP is pleased to make itself available to represent the City of San Clemente in providing transitional and specialized legal services on an as-needed basis. This letter constitutes our agreement setting the terms of our representation. If you want us to represent you and agree to the terms set forth in this letter, after you review the letter please sign it and return the signed copy to us.
CONFIDENTIALITY AND ABSENCE OF CONFLICTS
An attorney-client relationship requires mutual trust between the client and the attorney. It is understood that communications exclusively between counsel and the client are confidential and protected by the attorney-client privilege.
To also assure mutuality of trust, we have maintained a conflict of interest index. The California Rules of Professional Conduct defines whether a past or present relationship with any party prevents us from representing City of San Clemente. Similarly, City of San Clemente will remain in our list of clients to ensure we comply with the Rules of Professional Conduct with respect to City of San Clemente.
YOUR OBLIGATIONS ABOUT FEES AND BILLINGS
We provide a wide variety of specialized legal services which the City may call upon us to provide as the need arises and/or with regard to ongoing legal matters on which the City prefers our continued representation as Special Counsel. The Special Counsel areas of law currently available to the City are as follows:
A. Litigation and formal administrative or other adjudicatory hearing matters B. Labor relations and employment matters
ATTACHMENT 1
3 55452.01100\41093458.3
Andy Hall
March 22, 2023
Best Best & Krieger LLP
C. Non-routine real estate matters (e.g. CC&R’s, deed or title work) D. Land acquisition and disposal matters (including pre-condemnation) E. Successor Agency and housing matters
F. Taxes, fees and charges matters (e.g. Prop. 218 & Mitigation Fee Act) G. Public construction disputes
H. Non-routine contract negotiation matters (including non-BB&K model agreements and franchise agreements)
I. Non-routine land use and development matters (including general plan updates, Williamson Act issues, annexations and development agreements) J. Environmental matters (e.g. CEQA, NEPA, endangered species) K. Water law matters (e.g. water rights & quality)
L. Tax and ERISA related matters
M. Toxic substances matters (e.g. CERCLA, RCRA)
N. Complex public utility matters (e.g. electric, natural gas, telecommunications, water, rail or transit that involve state or federal regulatory issues) O. Renewable energy and energy efficiency project contracts and power purchase agreements
P. Intergovernmental Relations and Advocacy efforts (e.g. legislative and regulatory representation) at the federal and state level.
Q. Non-routine election law matters, including election law litigation.
R. PRA Policy drafting including reviewing, assessing, and updating records-related policies to reflect current legal standards and best practices.
S. Other matters mutually agreed upon between BBK and the City Manager.
For Special Counsel Services, our hourly rates are as follows:
Partners and Of Counsel $380.00
Associates, Directors of Govt. Affairs (if utilized) $335.00 Paralegals, Law Clerks, Analysts, Pension Consultants (if utilized) $185.00 Beginning July 1, 2024, and every July thereafter, we will increase rates by the percentage change in the cost of living as indicated by the Bureau of Labor Consumer Price Index for the Los Angeles-Long Beach-Anaheim area, with prior written notice. In light of the volatility of the current economic climate, BB&K will agree to limit the increase to ensure it will not exceed 5%.
The billing policies are described in the memorandum attached to this letter, entitled “Best Best & Krieger LLP’s Billing Policies.” You should consider the Billing Policies memorandum part of this agreement as it binds both of us. For that reason, you should read it carefully.
INSURANCE
We understand that you are not now insured or have any insurance that may cover potential liability or attorneys’ fees in this case. If you think you may have such insurance, please notify me immediately.
4 55452.01100\41093458.3
Andy Hall
March 22, 2023
Best Best & Krieger LLP
We are also pleased to let you know that Best Best & Krieger LLP carries errors and omissions insurance with Lloyd’s of London. After a standard deductible, this insurance provides coverage beyond what is required by the State of California.
NEW MATTERS
When we are engaged by a new client on a particular matter, we are often later asked to work on additional matters. You should know that each matter will be the subject of a new signed supplement to this agreement with its individual scope. Similarly, this agreement does not cover and is not a commitment by either of us that we will undertake any appeals or collection procedures. Any such future work would also have to be agreed upon in a signed supplement.
CIVILITY IN LITIGATION
In litigation, courtesy is customarily honored with opposing counsel, such as extensions to file pleadings or responses to other deadlines. In our experience, the reciprocal extension of such courtesies saves our clients’ time and money. By signing this letter you will be confirming your approval of this practice in your case.
HOW THIS AGREEMENT MAY BE TERMINATED
You, of course, have the right to end our services at any time. If you do so, you will be responsible for the payment of fees and costs accrued but not yet paid, plus reasonable fees and costs in transferring the case to you or your new counsel. By the same token, we reserve the right to terminate our services to you upon written notice, order of the court, or in accordance with our attached Billing Policies memorandum. This could happen if you fail to pay our fees and costs as agreed, fail to cooperate with us in this matter, or if we determine we cannot continue to represent you for ethical or practical concerns.
CLIENT FILE
If you do not request the return of your file, we will retain your file for five years. After five years, we may have your file destroyed. If you would like your file maintained for more than five years or returned, you must make separate arrangements with us.
THANK YOU
On a personal note, we are pleased that you have again selected Best Best & Krieger LLP to represent you. We value our continuing relationship and appreciate the opportunity to service the City in this capacity. If you have any questions at any time about our services or billings, please do not hesitate to call me.
5 55452.01100\41093458.3
Andy Hall
March 22, 2023
Best Best & Krieger LLP
If this letter meets with your approval, please sign and date it, and return the original to us.
Unless you sign, date and return the original by April 15, 2023, we will not represent you in any capacity, and we will assume that you have made other arrangements for legal representation. We have enclosed a separate signed copy of this letter for your records.
Sincerely,
Scott C. Smith
of BEST BEST & KRIEGER LLP
SCS:cg
AGREED AND ACCEPTED:
By:
Dated:
6 55452.01100\41093458.3
BEST BEST & KRIEGER LLP’S BILLING POLICIES
Our century of experience has shown that the
attorney-client relationship works best when there is mutual understanding about fees, expenses, billing and payment terms. Therefore, this statement is intended to explain our billing policies and procedures. Clients are encouraged to discuss with us any questions they have about these policies and procedures. Clients may direct specific questions about a bill to the attorney with whom the client works or to our Accounts Receivable Department
([email protected]). Any specific billing
arrangements different from those set forth below will be confirmed in a separate written agreement between the client and the firm.
INVOICE AND PAYMENT OPTIONS
Best Best & Krieger strives to meet our clients’
needs in terms of providing a wide variety of invoice types, delivery and payment options. Please indicate those needs including the preferred method of invoice delivery (Invoice via Email; or USPS). In addition,
[email protected] can provide a W-9 upon
request and discuss various accepted payment methods.
FEES FOR PROFESSIONAL SERVICES
Unless a flat fee is set forth in our engagement letter with a client, our fees for the legal work we will undertake will be based in substantial part on time spent by personnel in our office on that client’s behalf. In special circumstances which will be discussed with the client and agreed upon in writing, fees will be based upon the novelty or difficulty of the matter, or the time or other special limitations imposed by the client.
Hourly rates are set to reflect the skill and
experience of the attorney or other legal personnel rendering services on the client’s behalf. All legal services are billed in one-tenth of an hour (0.10/hour) or six-minute
increments. Our attorneys are currently billed at rates from $235 to $895 per hour, and our administrative assistants, research assistants, municipal analysts, litigation analysts, paralegals, paraprofessionals and law clerks are billed at rates from $175 to $300 per hour for new work. These rates reflect the ranges in both our public and our private rates.
These hourly rates are reviewed annually to accommodate rising firm costs and to reflect changes in attorney status as lawyers attain new levels of legal experience. Any increases resulting from such reviews will be instituted automatically and will apply to each affected client, after advance notice.
Non-Attorney Personnel: BBK may employ the
services of non-attorney personnel under the supervision of a BBK attorney in order to perform services called for in the legal services agreement. The most common non-attorney
personnel utilized are paralegals. Other types of nonattorney personnel include, but are not limited to, case clerks, litigation analysts, and specialty consultants. The client agrees that BBK may use such non-attorney personnel to perform its services when it is reasonably necessary in the judgment of the responsible BBK attorney. Hourly fees for non-attorney personnel will be charged at the rate then in effect for such personnel. A copy of BBK’s current rates and titles for non-attorney personnel will be provided upon request.
FEES FOR ELECTRONICALLY STORED
INFORMATION (“ESI”) SUPPORT AND STORAGE
BBK provides Electronically Stored Information
(“ESI”) services for matters requiring ESI support –
typically litigation or threatened litigation matters. BBK provides services for basic ESI processing and storage at the following rates per month based on the number of gigabytes of data (“GB”) processed and stored:
1GB -250GB: $10 per GB
251GB - 550GB: $8 per GB
551GB - 750GB: $6 per GB
751GB - 1TB: $4 per GB
The amount BBK charges for basic processing and
storage of ESI allows BBK to recover the costs of providing such services, plus a net profit for BBK. BBK believes that the rates it charges for processing and storage are lower than comparable services available from third party vendors in the market. If you wish to contract separately with a third party vendor for processing and storage costs, please notify BBK in writing. [OPTIONAL BBK also provides advanced
ESI processing services at hourly rates for personnel in its Litigation Support Group. A copy of BBK’s current rates for such services will be provided upon request.] BBK shall not incur costs for ESI support on a particular matter without first confirming by email or written correspondence with the client that the client agrees such services are necessary for the matter at hand.
FEES FOR OTHER SERVICES, COSTS AND
EXPENSES
We attempt to serve all our clients with the most
effective support systems available. Therefore, in addition to fees for professional legal services, we also charge separately for some other services and expenses to the extent of their use by individual clients. These charges include but are not limited to, mileage at the current IRS approved rate 7 55452.01100\41093458.3
per mile, extraordinary telephone and document delivery charges, copying charges, computerized research, court
filing fees and other court-related expenditures including court reporter and transcription fees. No separate charge is made for secretarial or word processing services; those costs are included within the above hourly rates.
We may need to advance costs and incur expenses
on your behalf on an ongoing basis. These items are
separate and apart from attorneys’ fees and, as they are outof-pocket charges, we need to have sufficient funds on hand from you to pay them when due. We will advise the client from time to time when we expect items of significant cost to be incurred, and it is required that the client send us advances to cover those costs before they are due.
ADVANCE DEPOSIT TOWARD FEES AND COSTS
Because new client matters involve both a
substantial undertaking by our firm and the establishment of client credit with our accounting office, we require an advance payment from clients. The amount of this advance deposit is determined on a case-by-case basis discussed first with the client, and is specified in our engagement letter.
Upon receipt, the advance deposit will be deposited
into the firm’s client trust account. Our monthly billings will reflect such applications of the advance deposit to costs and not to attorney’s fees (unless otherwise noted in our accompanying engagement letter). At the end of
engagement, we will apply any remaining balance first to costs and then to fees. We also reserve the right to require increases or renewals of these advanced deposits.
By signing the initial engagement letter, each client
is agreeing that trust account balances may be withdrawn and applied to costs as they are incurred and to our billings, when we issue our invoice to the client. If we succeed in resolving your matter before the amounts deposited are
used, any balance will be promptly refunded.
MONTHLY INVOICES AND PAYMENT
Best Best & Krieger LLP provides our clients with
monthly invoices for legal services performed and expenses incurred. Invoices are due and payable upon receipt.
Each monthly invoice reflects both professional and
other fees for services rendered through the end of the prior month, as well as expenses incurred on the client’s behalf that have been processed by the end of the prior month.
Processing of some expenses is delayed until the next month and billed thereafter.
Our fees are not contingent upon any aspect of the
matter and are due upon receipt. All billings are due and payable within ten days of presentation unless the full amount is covered by the balance of an advance held in our trust account.
It is our policy to treat every question about a bill
promptly and fairly. It is also our policy that if a client does not pay an invoice within 60 days of mailing, we assume the client is, for whatever reason, refusing to pay. We reserve the right to terminate our engagement and withdraw as
attorney of record whenever our invoices are not paid. If an invoice is 60 days late, however, we may advise the client by letter that the client must pay the invoice within 14 days or the firm will take appropriate steps to withdraw as
attorney of record. If the delay is caused by a problem in the invoice, we must rely upon the client to raise that with us during the 14-day period. This same policy applies to fee arrangements which require the client to replenish fee
deposits or make deposits for anticipated costs.
From time to time clients have questions about the
format of the bill or description of work performed. If you have any such questions, please ask them when you
receive the bill so we may address them on a current
basis.
CHANGES IN FEE ARRANGEMENTS AND BUDGETS
It may be necessary under certain circumstances for
a client to increase the size of required advances for fees after the commencement of our engagement and depending
upon the scope of the work. For example, prior to a
protracted trial or hearing, the firm may require a further advance payment to the firm’s trust account sufficient to cover expected fees. Any such changes in fee arrangements will be discussed with the client and mutually agreed in writing.
Because of the uncertainties involved, any estimates
of anticipated fees that we provide at the request of a client for budgeting purposes, or otherwise, can only be an
approximation of potential fees.
BEST BEST & KRIEGER LLP
8 AGENDA REPORT
CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/27/2023 Agenda Item: 3.
Department: City Manager
Prepared By Andy Hall, City Manager
Subject:
CONSIDERATION OF RESOLUTION 23-10 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN GATEKEEPERS SECURITY SERVICES INC. AND THE CITY OF SAN
CLEMENTE FOR SECURITY SERVICES ON A TRIAL BASIS
Summary:
On Tuesday, March 21, 2023, the City Council directed staff to hold a Special Council meeting on Monday, March 27, 2023, to discuss a proposal from Gatekeepers Security Services Inc. to provide security services on a trial basis in the City of San Clemente. Staff has received a proposal from the company and if authorized by the City Council, a formal agreement will be prepared and executed.
Discussion:
The City Council is concerned about the increase in the amount of illegal activity on public property in the City. Reports of alcohol and drug use, smoking, littering and debris, and violations of other municipal laws and ordinances are provided to the City on a constant basis. Recognizing the time and personnel limitations of local law enforcement (Orange County Sheriff) and City Code Compliance, it has been determined that a professional services agreement with a private security firm to augment those services is necessary. Staff would recommend that a trial period be established to address these concerns with direction to return to the City Council 60 days after implementation to determine if measurable improvements have occurred and an extended program should be explored.
Gatekeepers Security Services (Gatekeepers), located at 1422 Marquette St., Unit #4D in Oceanside, has submitted a proposal for consideration by the City Council. The firm has a proven track record and possesses the equipment, personnel, and ability to address the concerns of the City Council. Gatekeepers is proposing a 7 days per week, 24 hours per day service with at least 4 officers and 4 marked security vehicles at all times. Each interaction will be documented with the use of body cameras and other equipment that will allow measurement of the program.
The City Council will need to provide direction of whether to allow the Gatekeepers to issue administrative citations, or if all elevated calls should be addressed by the Orange County Sheriff’s Department. Protocols will also need to be established to maintain effective communication and coordination with law enforcement. Staff is not recommending that the Gatekeepers replace or reduce law enforcement presence, but rather augment the current services of the City.
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Meeting Date: 3/27/2023 Agenda Item: 3.
Council Options:
· Approve Resolution 23-10 authorizing the City Manager to prepare and execute a formal agreement for a 60 day trail period with Gatekeepers Security Services, Inc. to provide security services for the City of San Clemente with authorization to issue administrative citations.
· Continue the Item with direction to staff to provide additional information. · Provide specific action to the City Manager.
· Deny the resolution and provide specific direction.
Fiscal Impact:
If adopted as presented, Resolution 23-10 would establish a contract for services in an amount not to exceed $131,400 per month that can be modified as needed. Funding would be allocated from the Unassigned Fund Balance of the General Fund.
Recommended Actions:
Staff Recommendation
Approve Resolution 23-10 authorizing the City Manager to prepare and execute a formal agreement for a 60 day trail period with Gatekeepers Security Services, Inc. to provide security services for the City of San Clemente with authorization to issue administrative citations.
Attachments:
1. Resolution No. 23-10
2. Proposal from Gatekeepers Security Services, Inc.
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 3/24/2023
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Attachment 1
RESOLUTION NO. 23-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO PREPARE AND EXECUTE A CONTRACT
BETWEEN GATEKEEPERS SECURITY SERVICES INC.
AND THE CITY OF SAN CLEMENTE FOR SECURITY
SERVICES ON A TRIAL BASIS
WHEREAS, the City of San Clemente Mission Statement states, “… Maintaining a safe, healthy atmosphere in which to live, work and play; and WHEREAS, the City Council has determined it is in the best interest of the community to execute a contract to obtain security services to better implement the provisions of the adopted laws, ordinances and resolutions of the City; and WHEREAS, Gatekeepers Security Services Inc., has unique skills and abilities to provide assistance to the City on a trial basis to help the Orange County Sheriff’s Department and the City’s Code Compliance Division to enforce the existing laws, ordinances and resolutions of the City of San Clemente.
NOW, THEREFORE, The City Council of the City of San Clemente does hereby resolve as follows:
Section 1.
The above recitals are considered findings by the City Council and incorporated into the body of this resolution.
Section 2.
The City Manager is hereby directed to establish a contract for services in an initial amount not to exceed (emphasis added) $131,400 per month that can be modified as needed with Gatekeepers Security Services, Inc. to provide security services on a trial in the City of San Clemente.
Section 3.
The contract shall indicated the specific services to be provided, but in general, the security services are intended to augment the capacity of the Orange County Sheriff’s Department and the City of San Clemente Code Compliance Division in the enforcement of existing laws, ordinances, resolutions and provisions of the San Clemente Municipal Code.
Section 4.
The City Manager is instructed to provide an update to the City Council approximately 60 days after the execution of the contract to determine the effectiveness of the additional security services and to direct the City Manager to terminate or extend the contract for a specified period of time.
Section 4. The City Clerk shall certify to the passage and adoption of this resolution 3 Resolution No. 23-10 Page 2
and enter it into the book of original resolutions.
PASSED AND ADOPTED this 27th day of March, 2023.
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
4 Resolution No. 23-10 Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. _________ was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
City Attorney
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