U.S. Customs and Border Protection could have a maritime surveillance system operating in San Clemente one day as members of the City Council have expressed concerns over panga boats ferrying immigrants ashore.
The council this week considered a proposal that would allow CBP to mount a surveillance camera atop a hillside to monitor vessel activity offshore.
Coming amid a nationwide federal immigration crackdown, the potential cooperation between San Clemente and CBP drew protests from some residents who cited privacy concerns, criticized President Donald Trump's immigration policies and found his administration altogether untrustworthy.
"It starts with surveillance but soon becomes something else entirely," said Jacki Minter, a San Clemente resident. "We can be certain of one thing: this agreement between our city and the Department of Homeland Security and CBP will result in costly litigation paid for by San Clemente taxpayers."
Mayor Steve Knoblock originally envisioned a maritime surveillance system in February helmed by local residents, an initiative that did not receive support from his colleagues. Instead, the panel directed City Manager Andy Hall to gauge CBP's interest in setting up a camera system.
The proposal, brought back before the City Council Tuesday, would install such a system near a hilltop reservoir off Avenida Salvador and Avenida Ameno. In addition to looking for panga boats, the system could also identify vessels in distress.
An initial outline of the terms included a 20-year lease of city land at a rate of $10 per year, an agreement that could be extended up to 10 more years. CBP would shoulder construction and installation costs that could exceed $1 million. San Clemente would pay all electrical costs.
The federal government would have full control of the surveillance system with no shared access granted to city staff or local law enforcement.
CBP is interested in shoreline installations to broaden any potential maritime surveillance in San Clemente, Assistant City Manager Brian Brower reported to the council. The agency has pledged to cone off the city from its proposed surveillance perch and just monitor the ocean.
The City Council took up the discussion just days after a panga boat capsized off the San Diego County coast, leaving four people dead. Those rescued included many Mexican nationals. DHS took one survivor into custody.
Councilmember Zhen Wu asked if any of the 18 panga boats identified off San Clemente's shores in the past two years have involved drownings, immigration or criminal arrests.
Bower said he was not aware of any drownings or arrests associated with the confirmed boats.
This year has not seen a rising trend of boat landings, according to the city.
In the middle of the discussion, Knoblock asked his colleagues to support a vote directing Hall to finalize and execute a lease agreement.
No one else on the dais gave support initially, which brought early applause from opponents in the audience.
But Councilmember Rick Loeffler backed the mayor's motion for discussion's sake. He wanted to bifurcate the politics of immigration from public safety.
"The fact that it hasn't happened here does not mean that it won't happen here," he said of panga boats capsizing.
Pivoting from the public safety aspect, Zu asked City Atty. Elizabeth Mitchell if approving a lease agreement with CBP would violate SB 54, also known as the California Values Act, which limits local cooperation with federal immigration authorities.
"It's not an area of the law that's been decided," she said.
Councilmember Mark Enmeier expressed a firmer opinion from the dais.
"This does run afoul of SB 54," he said. "If we are going to take this back, I would ask that CBP look into paying their electrical part of this."
Loeffler inquired during the discussion if the council was being asked "to approve a lease that hasn't been written yet."
He maintained reservations about the proposal's terms throughout the meeting after getting clarification that councilmembers only reviewed a sample lease, as CBP hasn't drawn up a finalized agreement.
Loeffler proposed directing staff to have the agreement tightened up and brought back at a future council date for a more informed debate.