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1990-018 Proclaim EmergencyRESOLUTZON NO. 90-18 X REBOLUTTON OF THE CZTY COUNCZL OF THE CZTY OF ENCZNZTXB, CXLIFOI~I), PROCL~ZMZNG THE EXZBTENCE OF ~, LOC~BJ, L EHERGENCY I. WHEREAS, Ordinance 87-65, of the City of Encinitas empowers the City Council to proclaim the existence or threatened existence of a local emergency when said City is affected or likely to be affected by a public calamity; and II. WHEREAS, the City of Encinitas, as well as the entire North San Diego County, has been experiencing significant impacts caused by the migration of persons, mainly Mexicans and Central Americans, across the U.S. Border; and III. WHEREAS, in spite of the recent passage of the Immigration Reform and Control Act (IRCA), illegal immigration continues at nearly the level as before IRCA was enacted, perhaps more, and IV. WHEREAS, according to INS figures, in FY 1989 in the San Diego region, more than 350,000 persons were detained by the U.S. Border Patrol and later deported by INS; 42,800 of these persons were apprehended in North San Diego County, and V. WHEREAS, according to U.S. Border Patrol figures, the E1 Cajon Station of the Border Patrol monitors a total of 16 cities and 35% of its total hours were spent in the City of Encinitas, and 31% of its total apprehensions last year - or 13,250 undocumented persons - were in Encinitas, and VI. WHEREAS, INS figures state that there are an estimated 688 or more persons, mainly Guatemalans, seeking political asylum in the Encinitas area, whom are granted permission to remain in this country until their status is determined, many of whom however, are homeless and may not participate by law in the local work force, and VII. WHEREAS, according to INS, more than 55 percent of the national applicants for IRCA legalization reside in California; a total of over 97,000 persons in San Diego County were legalized, with 40% of this total through the Escondido Legalization Office, and VIII. WHEREAS, newly legalized homeless immigrants are barred from a number of federal programs such as Federal AFDC benefits, 1 some Medi-Cal benefits, and food stamps, therefore placing burdens on lo¢al programs, and VIX. WHEREAS, the complex and burdensome claims and reimbursement system, coupled with reductions in funding, conflicting interpretations, and strict administrative requirements for the State Legalization Impact Assistance Grant (SLIAG) program has been ineffective in the delivery of services and money at the local level to cover the needs of the newly legalized homeless, and X. WHEREAS, there are presently over 150 homeless workers living in Encinitas registered with the Encinitas Jobs Center, and this figure is a fraction of the City's total migrant homeless population, estimated at 800-1500 persons, and XI. WHEREAS, these migrant homeless establish illegal encampments in canyons and ravines throughout the City and leave trash, debris and fecal material on private and public property creating potentially dangerous safety and health conditions for the residents of the community and for the homeless, and XII. WHEREAS, there has been an increase in community tensions as a direct result of the inability to respond successfully to the impacts and conditions stated herein, and XIII. WHEREAS, last year the private sector spent an estimated $150,000 and the public sector $75,000, to cleanup and periodically monitor more than 20 illegal encampments for the homeless migrants within the City, and XIV. WHEREAS, the City, through the Transients Issues Program, has spent an estimated $100,000 since January 1989 attempting to manage, at best to mitigate the issues of illegal camping, trespassing and loitering, littering, and other sanitation and environmental concerns, and XV. WHEREAS, the adverse economic impacts to the City's business community are felt in significant losses in revenue and lease income, estimated at millions of dollars over the past few years, as a direct result of the impacts of the migrant population, and XVI. WHEREAS, the City has spent approximately $30,000 to establish and operate the Encinitas Jobs Center in order to increase the opportunities for legal workers to help themselves become viable, economic members of the community, and XVII. WHEREAS, groups of migrants, commonly known as day laborers who cannot use the Encinitas Jobs Center because they are not authorized to work in the United States, stand on street corners and in parking lots and engage in the solicitation of 2 Book employment, creating traffic congestion, safety and health hazards, litter, and disrupt business, and 'XVIII. WHEREAS, the State Employment Development Department has not been able to meet the Cityts demands of increased employment development programs and services to help the unemployed find jobs and fully participate in the labor force, and XIX. WHEREAS, the increased demands placed on the Border Patrol, INS, our local law enforcement agency, jails and other parts of the criminal justice system have far exceeded the ability to provide adequate and efficient law enforcement services to protect the health, welfare and safety of the community and the migrant population, and XX. WHEREAS, City officials have met with County, State and Federal representatives on numerous occasions to try to find local and regional resolve to the problems, and XXI. WHEREAS, as l°ng as the United States maintains open, relatively uncontrolled borders, the economies of other countries remain unstable, there will continue to be an influx of people seeking opportunities in this country. XXII. WHEREAS, the City Council of the City of Encinitas does hereby find that: Based on the foresaid conditions or potential conditions affecting the health, safety, economy, and well-being of the community, the City of Encinitas is faced with dealing with a crisis far beyond its ability to control, and These foresaid conditions warrant and necessitate the proclamation of the existence of a local emergency, and Local resources are unable to cope with the effects of said emergency. NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout the City of Encinitas, and, IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the Director of Emergency Services and the emergency organization of this City shall be those prescribed by state law by ordinances and resolutions of this City approved by the City Council, and 3 IT IS FURTHER PROCLAIMED AND ORDERED that said local ~ .rgency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Encinitas. IT IS FURTHER PROCLAIMED AND ORDERED that a copy of the resolution be forwarded to those persons, committees, and organizations included in Attachment I, and, IT IS FURTHER HEREBY REQUESTED by the City of Encinitas the following actions= 1. The Federal government recognize and accept responsibility for the problems created in the State of California, the County of San Diego, and the City of Encinitas as the result of homeless immigration; 2. The Justice Department provide immediate transitional programs in the critical areas of housing, employment and education for these immigrants; 3. The Justice Department provide resettlement shelter and basic necessities for applicants seeking asylum until their immigration status can be determined; ~'~The Justice Department allocate more funding for an increase in manpower and resources to the San Diego Sector of the U.S. Border Patrol and INS for the enforcement of immigration laws and employer sanctions in the City of Encinitas; 5. The Justice Department obtain funding for the full implementation of IRCA, and modify the present overly-stringent criteria for reimbursements and allowable services under SLIAG, so that Encinitas can recover all direct costs incurred to mitigate the problems associated with immigration; 6. Congressman Ron Packard ask the San Diego Congressional and Senate Delegation (Packard, Lowery, Bates, Hunter, Wilson, Cranston) to conduct hearings in San Diego County regarding the local and regional impacts of immigration; 7. The City request the endorsement for the above hearings from other agencies and cities; 8. The City seek the support of all North County cities, the San Diego Association of Governments, the National League of Cities, California League of Cities and the California State Association of Counties, and other agencies and organizations, in finding regional solutions to the issues stated in this declaration. 4 Book PASSED AND ADOPTED this 24th day of April, 1990 by the _ollowing vote, to wit: AYES: NAYS: None ABSENT: None ABSTAIN: None Gaines, Hano, Omsted, Shea, Slater ( ~m~.~. S~TER,~ayor of th. City of ~Encinitas, California ATTEST: 5 Book # ~J[ ,' Page ~"ZTA~HN~ Z 36. 37. 38. 39. 40. 41. 42. 1. The President of the United States 2. U.S. Congressman Ron Packard 3. U.S. Congressman Jim Bates 4. U.S. Congressman Duncan Hunter 5 U.S. Congressman Bill Lowery 6. U.S. Senator Alan Cranston 7. U.S. Senator Pete Wilson 8. Commissioner of the Immigration and Naturalization Service 9. Western Regional Commissioner of the Immigration and Naturalization Service 10. U.S. Congress House Sub-Committee on Immigration, Refugees, and International Law 11. U.S. Department of Labor 12. U.S. General Accounting Office 13. U.S. Select Commission on Immigration and Refugee Policy 14. U.S. Department of Justice 15. U.S. Department of Health and Human Services 16. IRCA Implementation Task Force 17. National League of cities 18. California Governor George Deukmejian 19 State Assembly Member Robert Frazee 20. State Assembly MemberSunny Mojonnier 21. State Assembly Member Peter Chacon 22. State Assembly Member Tricia Hunter 23. State Assembly Member Steve Peace 24. State Senate Member William Craven 25. State Senate Member Marian Bergeson 26. State Senate Member Lucy Killea 27. State of California Employment Development Department 28. State of California Health and Welfare Agency 29. Standing Committee of the State Senate on Health and Human Services 30. Standing Committee of the State Senate on Housing and Urban Affairs 31. Standing Committee of the State Assembly on Health 32. Standing Committee of the State Assembly on Housing and Community Development 33. Standing Committee of'the State Assembly on 'Human Services 34. Standing Committee of the State Assembly on Labor and Employment 35. Joint Committee of the State Senate and Assembly on Refugee Resettlement, International Migration and Cooperative Development California League of cities California State Association of Counties San Diego Association of Governments San Diego County Board of Supervisors Supervisor John MacDonald All San Diego County Mayors Any other interested agency, organization or person Book q .' PaEe# J~