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,
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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
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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
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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.
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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:
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~"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
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