1990-03-13MINUTES OF ENCINITAS CITY COUNCIL SPECIAL MEETING MARCH 13, 1990,
7:00 P.M., 535 ENCINITAS BOULEVARD, SUITE 100
1. CALL TO ORDER / ROLL CALL
Mayor Slater called the meeting to order at 7:04 P.M.
Present:
Mayor Pamela Slater, Council Members Marjorie Gaines,
Gail Hano, Anne Omsted.
Absent: Council Member Richard Shea
Also
Present:
City Manager Shafer, city Attorney Krauel, City Clerk
Pool, Fire Chief LaMarsh, Transient Issues Coordinator
Carranza, Sheriff's Captain Apostolos, Deputy City Clerk
Cervone
There being a quorum present, the meeting was in order.
2. PLEDGE OF ALLEGIANCE
Review and Perspective of Transients Issues and Activities.
Contact Persons: Fire Chief LaMarsh / Transients Issues
Coordinator Carranza.
Fire Chief LaMarsh reported that he felt there had been a level of
success in reducing the number, size and impact of large
encampments in the City. However, their reestablishment continued
to be a problem, and constant code enforcement and periodic
monitoring was required to remove them when found. He said
immigrants residing within Encinitas were characterized into three
primary groups: legal immigrants; legal-restrained immigrants; and
illegal immigrants. He reviewed the impacts to the community
because of the migrant encampments and provided alternatives for
mitigation.
Rudy Murillo, Public Information Officer of
Naturalization Services (INS), introduced the
Director, Clifton Rogers.
Immigration and
Deputy District
Mr. Rogers said in reference to the legal-restrained immigrants,
that INS did not grant work authorizations until migrants completed
the political asylum application process and a hearing was
conducted for each migrant. He said if migrants were allowed to
work before the application process was completed, it was INS's
opinion that many more migrants would attempt to come to the United
States. When asked how those people that were denied asylum were
apprehended, he said a hot sheet was provided to the Border patrol
listing the names of those denied.
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Council Member Gaines asked what the time frame was from the point
of application to approval or deportation. Mr. Rogers said if no
appeal was filed, the process took from six months to one year.
She asked what percentage of migrants that were denied asylum had
been deported. Mr. Roger said very few had been apprehended and
deported; they usually fled the area.
He was asked if the INS planned on increasing the budget to
mitigate the impacts of migrants moving in to the San Diego area.
He said he would contact Washington for an answer to that question.
Council Member Omsted asked about the INS's proposed detention
facility. He explained the facility would be for temporary housing
during the political asylum application period.
Ted Swofford, Public Information Officer for the Border Patrol,
said 40% to 50% of the nation's illegal immigration is in the San
Diego area. He said apprehensions of illegal migrants were up 89%
since February 1989. He reported that more than 3,000 migrants
illegally cross the border into the United States per day and it
is estimated only half are apprehended.
Dutch Steenbakker, Border Patrol Agent in Charge of the E1 Cajon
and San Marcos Stations, said his division covers approximately
2200 square miles. He reported that the migrant population in
Encinitas was 50% documented and 50% undocumented. He reviewed
various statistics involving migration, apprehension, and
deportation activities. He reported that the Border patrol would
soon be using the same type of fingerprinting equipment in
identifying and apprehending illegal migrants that the Sheriff's
Departments uses. He was asked if the Border Patrol was focusing
efforts on monitoring employers hiring illegal migrants. He said
they didn't have the manpower but they had conducted some checks.
John Weil, District Representative for Congressman Ron Packard,
said $75 million had been allocated for 1990 to combat the
importing of drugs into the country. He explained that this would
be divided among five areas in the United States, which includes
the southwest border and San Diego; 42% of which would come in
dollars and 27% would come in the form of personnel. He said it
would have an effect because of an increase in surveillance
equipment which he felt would have an impact on illegal
immigration. He reported that some IRCA funds were being
reallocated because they had not all been applied for. He said the
City of Encinitas was notified of the available funds, however,
there were many guidelines attached to the funds.
City Manager Shafer explained that Staff did pursue the IRCA funds
but the guidelines were focused on existing programs and because
03/13/90 SPECIAL COUNCIL MEETING
the law was passed before Encinitas became a City, the city could
not meet the guidelines and qualify for the funds. City Manager
Shafer asked if Congress would consider amending the guidelines to
focus on helping develop new programs rather than supporting
existing programs. John Weil said he felt it was an excellent idea
and it could be possible to ask for the amendment to the guidelines
through administration rather than legislation.
Becky Phillpott, Southern California Field Representative for U.S.
Senator Alan Cranston, said the Senator was very interested in
housing and had been talking with Supervisor McDonald about the
possibility of using CDBG funds for different types of transitional
housing for the homeless. She said any questions the City had
regarding the Senator's work on housing should be forwarded in
writing to his office.
Francisco Herrera, Senior Policy Advisor for U.S. Senator Pete
Wilson, said the Senator was very aware of the illegal immigrant
problems and was willing to help in facilitating the work between
the local governments and Washington.
Mayor Slater asked if the Federal Government had considered
providing a program similar to those used in relocating Southeast
Asians several years ago. Mr. Herrera said he was not aware of the
Federal Government's proposing such a program and did not
anticipate one in the future. Mayor Slater asked if the Hispanic
Caucus in Washington would be interested in assisting the City in
dealing with the migrant issues. He said there were many
organizations that he felt would assist with programs and he
commended the City on its attempt to bring attention to the Federal
Government regarding the City's plight.
Mayor Slater called a recess from 8:40 P.M. to 8:50 P.M.
Mae Swords, from High Country Villas, said the City's recent
decision to require all property owners responsible for cleanup of
migrant camping was unfairly costing the homeowners. She asked
Council to reconsider this mandate.
Gene Bello, from High County Villas, showed a video of the camps
on their property. Council Member Omsted asked how many times they
had cleaned their property of encampments. He said the property
had been entirely cleaned of all garbage and encampments eight
times since last year. However, they remove tents and personal
belongs approximately twice a week.
June Bello, High Country Villas, asked for an ordinance to prohibit
street hiring.
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Diane Fraden, representing Country View Collection, said the
migrants were destroying the eighteen acres surrounding their
association which had been designated environmentally sensitive,
and that individual camps were as close as 10 feet from homes. She
asked Council to adopt an ordinance making curb-side hiring
unlawful, and said Congressman Ron Packard sent her a letter
supporting such an ordinance.
Earl Storer said he lives on E1 Camino Real and said he had counted
up to 125 people standing on Encinitas Boulevard and E1 Camino
Real. He stated he felt the hiring hall was not alleviating the
street hiring and urged adoption of an ordinance prohibiting
solicitating work from the street.
James Marinos, an owner of commercial property located at Rancho
Santa Fe Road and Manchester Avenue, said the Council had a
responsibility to the citizens to take whatever measures necessary
to mitigate the many migrants who loiter on that corner. He said
many of his business and professional tenants had said they were
losing customers/patients because they no longer feel safe coming
there. He said he was about to recommend that a coalition of
property owners start a petition to seek reduction in property
taxes because of the blighted social conditions the City was
permitting.
Anne Heimes, representing Interfaith Ministerial Association, read
a letter from the Reverend James Dallas requesting the city accept
the fact that the situation will remain as long as Mexico is
economically unstable. He asked that programs be developed to
mainstream the migrants into our social system.
Ozzie Venzor disagreed with the figure of 600 to 700 Guatemalans
in the area, stating it was not more than 150. He also disagreed
with the statement that the Big Bear shopping center had lost $2-
3 million in revenues due to the migrant camping in the canyon
behind the shopping center.
Mayor Slater said that was the figure given to them by Management
of Big Bear.
Raphael Martinez said the migrants were here because of the farm,
hotel, and restaurant industries. He suggested permitting non-
profit agencies to provide porta-toilets, and temporary housing,
etc. similar to programs in San Diego.
Council Member Omsted asked if the City of San Diego had developed
minimum standards for the temporary housing. The Reverend Martinez
said there were certain standards that must be met and emphasized
that the sites were used on a temporary basis only.
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Mark Draper opposed the suggestion of a detention facility such as
the one in Brownsville, Texas.
Bob Nortman said he had been monitoring the four corners area
(Manchester Avenue and Rancho Santa Fe) and said he had counted
over 75 people standing on the corners. He urged Council to adopt
an ordinance prohibiting curb-side hiring.
Michele Tutoli said she was proud of the hiring hall and said more
information should be disseminated about it. In addition, she
suggested providing transportation to the hiring hall. She
supported prohibiting curb-side hiring and suggested the City hire
the legal migrants at minimum wage to help in cleaning parks,
streets, and other non-skilled jobs.
John Neill, property owner at the four corners, said the migrants
who congregated there caused a loss of clientele. He said it was
his opinion that if the City set up programs, they would develop
a dependency on those programs. He supported a curb-side hiring
ordinance and suggested the Sheriff's Department be deputized by
the INS to help with enforcement of such an ordinance.
Kelly Hicks supported bringing the issues to the Federal
Government's attention. He said the City's resources were being
depleted because of the migrants.
Victoria Morland said recently she witnessed testimony regarding
the plight of the Guatemalans and asked Council to help with their
situation.
Council Member Gaines said the City should demand the federal
government provide a detention facility like in Brownsville, Texas
and demand that the application time-frame be speeded up.
Council supported all of Staff's proposed alternatives (in the
Staff report attached hereto and made a part hereof) with the
exception of the following:
Council asked Staff to research the necessary findings relative to
a "declaration of a local state of emergency" that would focus
immediate regional, state and national attention on the problems
associated with migrants. In addition, City Manager Shafer was
asked to include in the research the possibility of declaring a
"county-wide" state of emergency.
Alternative 1.3 was not supported by Council; alternatives 2.2 and
2.3 were supported by Council but stated for the record that the
City would request assistance from the Federal Government, but
would not wait on their assistance.
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Council requested further information on alternative 2.1.
Council did not support alternative 3.1 which suggested providing
bus tokens or van service to get workers to the job centers.
Council asked that a fee structure for the fines be developed for
alternative 6.1.
Staff recommended sending some Staff members to Costa Mesa to
determine the effects of their recently adopted ordinance
prohibiting curb-side hiring. Staff said they would report those
findings at the first meeting in April.
Staff was directed to bring back estimated costs to the City for
alternative 6.3 in which the City would assume the responsibility
of removing encampments on private property.
Staff was also directed to bring back estimated costs associated
with alternative 7.2 whereby the city would participate with other
agencies in a "temporary misdemeanor pre-arraignment detention
facility."
Mayor Slater indicated that alternative 8.1 which called for the
City to solicit the involvement of social service agencies and
religious organizations in our community to work on programs of
acculturation, education, locating affordable housing, etc. would
be addressed by the newly formed Homeless Task Force in which Mayor
Slater and Council Member Omsted are members.
4. ADJOURNMENT
Mayor Slater declared the meeting adjourned at 10:36 P.M.
mela la,er, Mayor
By: Deborah Cervone, Deputy
City Clerk
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CITY OF ENCINIT&S
AGENDA REPORT
CITY COUNCIL
SPECIAL MEETING
March 13, 1990
TO:
FROM:
VIA: ~
DATE:
SUBJECT:
city Council
Chief Robert LaMarsh
Warren Shafer, city Manager
February 7, 1990
Review and Perspective of Transients
Issues and Activities
PURPOSE OF THE SPECIAL MEETING:
Allow Council to receive public input and review previous efforts
and establish or modify City goals on how to deal with issues
stemming from the impacts of documented and undocumented persons
on the community.
OBJECTIVES'.
1.) Receive public input regarding impacts on the community.
2.) Review previous City efforts at addressing the concerns.
3.) Review status of existing efforts by the various agencies that
are responsible for dealing with the impacts.
4.) Develop areas of emphasis for dealing with the impacts.
RESULTS DESIRED:
Council identify areas/levels of effort they would like to either
increase or decrease over the next 12 months.
BACKGROUND:
In October 1986, the Encinitas City Council established the
Undocumented Workers Task Force to study the impacts of
undocumented workers on the City and the residents of the
community. Made up of volunteer representatives from a variety of
backgrounds, the Task Force met regularly between November 1986 and
August 1987.
1
In November 1987, the Task Force issued its "Facts and Conclusions"
report to the City Council. At that time, through Resolution 87-
123 (Attachment 1), Council established a set of goals for dealing
with the problems and impacts. With these goals as a basis,
Council reconvened the Task Force - comprised of some former and
some new members - and redirected them to report back within six
months with proposed solutions and recommendations to the initial
identified problems. In May 1988, a final set of recommendations
was presented to the City Council (Attachment 2). These
recommendations have served as the guidelines for the present
Transients Issues Program.
The Task Force's recommendations dealt with protection of property,
health hazards, public order, employment, immigration laws, and
the private sector. One important recommendation was to hire a
coordinator to carry out an overall proposed plan. In December
1988, the City's first Transients Issues Coordinator was hired.
Since the Program's inception, the City has been actively pursuing
alternatives and operational programs to reduce the number of
illegal encampments, their inherent risks to the health, safety and
environment of the residents of Encinitas and transient population,
and the issues related to curb-side hiring.
Under direction of city staff and Council policy, there has been
a level of success in reducing the number, size and impact of large
encampments in the hillsides and canyons within the City through
the active involvement of the Border Patrol, Sheriff's Department,
County Health Department, Fire District, and Code Enforcement.
Smaller encampments have also been eliminated, however, their
reestablishment continues to be a problem, and constant code
enforcement and periodic monitoring is required to remove them when
found. Areas and levels of efforts of the Transients Issues
Program are included in Attachment 3.
The elimination and periodic monitoring of illegal camps has been
costly, not only to the private property owners who are ultimately
responsible for paying the costs of abating the encampments found
on their properties, but costly in terms of expenditures of public
resources, e.g. Sheriff, Border Patrol, County Probation crews, and
needed city staff. Attachment 4 is a summary of the costs - both
to the private and the public sector - to clean/monitor illegal
camps; Attachment 5 is a list of the major encampments/areas
cleaned and their approximate size at the time of cleaning.
Council and City staff, together with all levels of government,
have petitioned for money and resources to assist local government
in dealing with the impacts of the homeless migrant community on
local and regional resources. To date, there has been minimal
success at every level of government in being responsive to
2
providing opportunities, money or resources at the local level.
The City clearly is faced with dealing with a crisis far beyond
it's ability to respond.
DISCUSSION:
Since 1986 and the passage of the Immigration Reform and Control
Act (IRCA), the character of the issues of immigrants and
transients has changed significantly. In spite of the legislation,
illegal immigration continues at nearly the level as before IRCA
was enacted, perhaps more. The impact of social upheaval and war
in Central America has caused a flood of people crossing the
international border at all points and specifically into San Diego
County. Population growth and poverty continue to drive people
northward, and the desire for a cheap, flexible labor supply
continues despite stiff penalties and employer sanctions.
Immigrants residing within Encinitas can be characterized into
three primary groups that are subject to significantly different
laws regulating local and Federal government's ability to manage
their impact.
Legal: The first group comprises the legal immigrants, largely
those immigrants who recently became legal under IRCA (as Seasonal
Agricultural Workers or under Amnesty). These newly legalized, who
have the potential for becoming U.S. citizens, are required to
comply fully with local and Federal laws. Their full participation
and integration into all aspects of the community present special
challenges in the areas of education, employment, housing, health
and social services.
Legal-Restrained: The second group are largely from Central
America who have entered the country illegally, but who have
subsequently petitioned for political asylum. This process grants
them permission to be in the country legally while their status is
being determined, however, they may or may not be able to fully
participate in the work force. There are an estimated 600 or more
persons, mainly Guatemalans, seeking asylum in the Encinitas area.
These persons constitute important social problems that have not
yet been successfully addressed.
Illeqal: The third group is the illegal immigrant who can be
identified and deported by the INS/Border Patrol. cities have very
little control over this group or the legal-restrained group, and
the Federal Government preempts local municipalities from managing
the impact of those in these categories. Despite IRCA, this group
still continues to cause some of the greatest problems to our
community.
3
ISSUES AND IMPACTS~
Staff has been unsuccessful at mitigating a number of adverse
impacts on the community-at-large as well as on the business
community which persist despite the City's current level of
efforts. These impacts are:
1. Illegal camping
2. Trespassing/loitering
3. Littering
4. Criminal activities
A. Prostitution, homicide, assault and injury,
burglary, shoplifting
5. Urinating/defecating in public
6. Negative impacts caused by curbside hiring
A. Traffic safety and congestion
B. Obstruction of the public right-of-way
7. City public-service demands
A. Camp/cook fires
B. Traffic accidents
C. Public drunkenness
8. Sanitation and environmental damage
Staff has identified the following significant issues as causes
which contribute to the above problems within the community:
1. Open border
2. Lack of Federal provisions/funding for resettlement of legal
and illegal immigrants
3. Inadequate levels of Federal law enforcement agencies (Border
Patrol, INS)
4. Lack of courts and jails
5. Lack of funding for the full implementation of IRCA
6. Violation of federal, state, county and local laws
A. Violation of Federal immigration laws
Because of these six causes, local government's ability to deal
effectively and efficiently with the problems is exacerbated.
TOOLS:
The City has used a number of tools and coordinated the efforts of
a number of agencies to try to manage, at best to mitigate the
above issues. Success has been greater in certain areas than in
others, and certain tools/agencies have been more successful.
There are also certain tools the City can affect, and some it
cannot. For example, those tools (not necessarily in their order
of importance) the City can affect include:
1. Education
Education efforts implemented by the City have been both formal and
4
social. Bilingual brochures and flyers have been prepared that
provide valuable information to the Spanish-speaking population in
the community. ESL and other social and health-related classes are
periodically held at the Jobs Center. More needs to be done
however, in the area of acculturation and integration to help the
new immigrants learn about U.S. laws, procedures and customs. Many
of the new Central American arrivals have had little or no exposure
to our laws, and they often break them due to this unfamiliarity.
Similar classes for the rest of the community could help educate
about the value of cultural diversity.
Alternatives:
1.1
The City needs to develop more bilingual brochures or flyers
(such as "Knowing Your Community ...A Brief Handbook of
Rights, Responsibilities and Other Important Information" )
and distribute them in camps and at congregation locations.
Information could include a brief overview of the criminal
justice process and the importance of reporting crimes.
1.2
Federal government provide resettlement/transition programs
for the recently legalized immigrants.
1.3
The City seek grants to teach community responsibility
outreach programs.
1.4
The City, with the responsible agencies, solicit the help of
the community in reporting illegal activity (such as illegal
hiring, alien smuggling, illegal camping), to the proper
authorities (INS, Border Patrol, Sheriff).
Employment
Because of IRCA, the characteristics of the migrant population are
changing. We are beginning to see changes in the type of work they
choose to do. No longer are they migrant farmworkers, but most
immigrants choose to pursue other lines of work in construction,
landscaping, the hotel/motel/restaurant industry and in other
employment areas.
The establishment of the Encinitas Jobs Center has increased the
opportunity for legal workers to help themselves become viable,
economic members of the community. In the first month of
operation, 63% of the applicants seeking employment through the
Jobs Center found work, many in semi-permanent to permanent jobs.
However, there are still approximately the same numbers of persons
standing on corners seeking employment, the majority of whom are
undocumented aliens or the legally-restricted political asylum
applicants.
The Jobs Center approach appears to have great potential. Not only
does it link workers with jobs, but it can also serve as a central
point for other services to which workers do not readily have
access, such as social and health services, education, and private
assistance opportunities. In a recent needs assessment of homeless
migrants, farmworkers and dayworkers in North County prepared by
the Metropolitan Area Advisory Committee (See Attachment 6
"Executive Summary"), the report recommends that the hiring hall
concept be replicated in other North County communities.
Alternatives:
2.1
The City, in joint partnership with the State Employment
Development Department, work in the area of employment
development, perhaps with the help of other organizations such
as the Private Industry Consortium (PIC/RETC) and our local
business community.
2.2
City, together with the Federal government, educate employers
to use the Jobs Center facility for temporary as well as full-
time employment.
2.3
City, together with the Federal government, implement an
educational campaign to get the community more involved in
the Jobs Center program.
2.4
city solicit the help of the community in not hiring illegal
workers.
2.5 Require more active Border Patrol presence in screening
employers who knowingly hire undocumented workers.
3. Relocation
Encinitas is a stop off point for many migrants who are looking for
economic opportunity and are legally eligible to work. The City
could provide transportation assistance to help individuals in
relocating to areas where family, friends or support organizations
are available to help them and where employment is known and
available.
Alternative:
3.1
The city could provide bus tokens or van service to help
workers get to and from the Jobs Center from all quadrants of
the City, especially from the "four corners" (Rancho Santa Fe
Road and Encinitas Blvd.) and the Big Bear and Lucky market
area.
6
4. Housinq/Shelter ~ssistance
The Transients Issues Program has been successful in coordinating
efforts with the County Housing Authority in granting Section VIII
rental assistance to a migrant family of eight displaced from their
Encinitas encampment. This program however is only available to
families.
The Community Resource Center has a very limited number of
emergency shelter beds available to legal, documented persons.
Housing is a major need requiring federal, state, and local
government, as well as community attention. 85% of the workers
who answered the Metropolitan Area Advisory Committee needs
assessment, said that the lack of affordable housing was their
number one priority. It should be noted that all survey
respondents were newly legalized immigrants.
As of 03/05/90, there are 132 homeless workers registered with the
Encinitas Jobs Center who have indicated they live in a "van" or
in the "hills" of Encinitas/Cardiff/Leucadia. This figure
represents 48% of the total population registered at the Jobs
Center with an Encinitas address.
Alternatives:
4.1
City seek Federal assistance for resettlement or sanctuary
shelter for applicants seeking asylum until their immigration
status can be determined.
4.2 City seek Federal, State, and County assistance and funding
for transitional housing programs for legal immigrants.
4.3
City implement provisions of the Housing Element that pertain
to "special needs categories", migrant day-laborers, homeless
and farmworkers.
4.4 City provide incentives to growers/businesses to develop
low-income housing for their employees.
5. Legislation, e.g. Local, State and Federal
The City should commit time in seeking legislative, administrative
and regulatory changes in policy that will assist the City with
opportunities, money and resources to manage the impact of this
uncontrolled immigration. Without resources committed on all
fronts at the same time, we will have little hope of success. The
City has little hope of regional, state or federal support
initially in responding to the problem until we can demonstrate
some successes (such as the Jobs Center).
Alternatives:
5.1 City seek reimbursement for costs and impact of illegal and
legal-restricted on the community.
5.2
City establish a coalition of other impacted cities and
agencies to actively seek Federal assistance or changes in
legislation that would help deal with the problems.
5.3
city seek the help of the Federal government in establishing
a resettlement/sanctuary program for illegal and legal
immigrants.
5.4
City ask Congress to conduct hearings in North San Diego
County regarding local government's unsuccessful efforts to
mitigate the immigration problems created as a result of the
Federal government's lack of resources.
5.5
City lobby the appropriate legislators to obtain funding for
the full implementation of IRCA, and resolution of the problem
of those seeking asylum but who are not authorized to work.
City Aqencies, e.q. Code Enforcement, Fire, Public Works,
Sheriff, Community Services.
The Transients Issues Program has been responsible for establishing
an effective policy to respond to complaints concerning specific
site violations such as illegal encampments and squatters on
private and public property. Where other cities rely solely on the
County Department of Health Services to process citizen's
complaints concerning these issues, Encinitas has developed a
policy to deal directly with these complaints.
Citizen complaints about potential health and safety concerns have
been routed to and routinely acted upon by City Code Enforcement.
When health hazards are found, abatement notices are issued to the
property owners. The intent of such notices is to get property
owners to correct conditions that pose potential hazards to the
community and to the migrant workers themselves. When voluntary
compliance cannot be obtained, staff refers the matter to the City
Attorney for initiation of a formal citation process to correct the
violation.
Council discussed and acted upon the issue of property owner
responsibility as it deals with encampment clean-up. At the March
8, 1989 City Council meeting, after agreeing to pay for the clean-
up of migrant encampments on properties adjacent the County
landfill, Council decided that any subsequent clean-up efforts
would be the responsibility of the individual property owner.
The reestablishment of new camps continues to be a problem. People
8
moved out of one camp are later found at other nearby locations
further exacerbating the problem in the community. Constant code
enforcement on the City's part and periodic monitoring on the
property owner's part, is required so this does not occur, placing
an unprecedented burden on the property owner and on the
enforcement agencies.
Code Enforcement has determined that approximately five hours of
staff time is devoted to every "illegal encampment" complaint, and
the turn-around time to investigate and subsequently cite a
property owner in violation, is in excess of two weeks from the
time the complaint was filed. If the City continues with the
present level of abatement, additional code enforcement personnel
will be necessary to meet the demand for services.
Although the property owner is the ultimate responsible party for
abating migrant encampments, the present procedure has relied
heavily on the Sheriff's Department to protect property owner's
rights and manage trespass problems. The result has been frequent
demands for local law enforcement to "do something" about groups
of perceived undocumented workers standing on corners, tending
campfires in nearby canyons, or trespassing on residential
property. With no mandated authority to contact persons on the
basis of illegal citizenship, local enforcement agencies become
frustrated by their inability to resolve the citizen's complaints
with any hope for compliance.
Alternatives:
6.1
City consider the implementation of a "curb-side hiring" ban
or "anti-solicitation" ordinance focused on employer solici-
tation of employees.
6.2 City modify existing policy to assist property owners by
providing impacted sites with fecal/garbage removal.
6.3
City will not continue to cite property owners when these
property owners are working with the City to eliminate
encampments and hazards on their property.
In the following three areas, the City has little or no power to
affect:
Non-City Enforcement Aqencies, e.g. INS, Border Patrol,
Criminal Justice System·
The primary responsibility for enforcement of immigration law rests
with the federal authorities: the U.S. Border Patrol and the
Immigration and Naturalization Service. The U.S. Border Patrol is
the only law enforcement agency that can determine a person's legal
9
residency status. It can and does conduct sweeps on property as
resources are available and under specific complaints. In FY 1989
in the San Diego region, more than 350,000 persons were detained
by the Border Patrol and later deported by INS. Both INS and
Border Patrol resources are desperately limited. To exacerbate the
problem, there has not been any significant increases in funding
and resources as expected under the provisions of IRCA.
SANDAG, in their report on "The Impact of Illegal Immigration on
the Criminal Justice System", (See Attachment 7 "Executive
Summary") has identified problems that impede an effective response
by both federal and local law enforcement entities to be associated
with "systemwide issues". In San Diego County, for example, the
report states that "overcrowded jail facilities result in fewer
arrestees booked for minor offenses". . . "Crowded jails and
limited resources hamper efforts to address the impact of
increasing crime upon the system". Alien crime, whether it be
felony or misdemeanor, is an unwelcome and unfortunate consequence
of governmental systems ill-prepared to deal with the impact of
increasing immigration.
The City of San Diego is currently evaluating proposals submitted
by private companies for building and operating a "Temporary
Misdemeanor Pre-arraignment Detention Facility". The facility will
allow for incarceration of misdemeanants who are presently
ineligible for booking due to the jail overcrowding crisis within
our county. The city of San Diego is planning on a 200-400 bed
facility to meet their needs at an annual cost of $4 million. This
would be temporary until the County can build a permanent pre-trial
detention facility.
The City of Encinitas has been asked by the City of San Diego if
we might be interested in negotiating with the selected vendor to
contract for bed space within the facility. Please see Attachment
8 which is a letter from San Diego City Manager John Lockwood.
Attachment 9 is a Memorandum from our City Attorney Roger Krauel
highlighting the possible tools for dealing with the offensive
conduct by transients.
Alternative:
7.1
The City work with appropriate legislators to lobby to obtain
funding for an increase in the Border Patrol's enforcement
level.
7.2 The City participate with other agencies in a "Temporary
Misdemeanor Pre-arraignment Detention Facility".
10
8. 8ocial Service G~ouD. (~o~-Gove~nment&X),
There are a number of non-profit agencies, service providers and
churches (the North County Chaplaincy, St. John's Catholic Church,
the Community Resource Center, the newly formed Canyon Healthcare
Coalition, the ECS Family Health Center) that provide social and
health services, including food assistance programs, clothing,
counseling, legal advise, limited emergency shelter and other
services to the immigrant population. The Community Resource
Center also has a Bilingual Case Worker.
Alternatives:
8.1
City solicit the involvement of social service agencies and
religious organizations in our community to work on programs
of acculturation, education, locate affordable housing, etc.
8.2
City work with appropriate legislators to obtain funding for
social and health programs for legal immigrants, to assist in
their settlement.
Non-City Agencies (County Health Department, Probations Crews,
CAL-TRANS).
CAL-TRANS has been very responsive working with the City in a
coordinated effort when encampments and migrant activity on State
highway property have been found. Numerous clean-up efforts have
been completed on CAL-TRANS property adjacent the Encinitas
Sanitary District and along both sides of I-5 between Encinitas
Boulevard and Riqueza to Santa Fe Drive.
The County Health Department also works in a coordinated manner
with the City, although the City has chosen to take the lead in
citing violations of the various State, County and local codes and
ordinances. The County Health Department responds to specific
sewage and water-related complaints, as well as with vector control
of the mosquito population. (In the summer of 1988, 16 cases of
malaria among migrant workers were reported to the County Health
Department.)
CONCLUSION:
As long as the United States maintains open, relatively
uncontrolled borders, and the economies of other countries remain
unstable, there will continue to be an influx of people seeking
better opportunities in this country. This report has attempted
to identify the short-comings and failures of the various agencies
responsible for doing their part in addressing the impacts of this
influx: the inability of the Federal government to provide a
11
Book # ~/~'~-/~" Page #
secure border, the lack of courts and jail space, the need for
federal assistance in border counties to allow local justice
efforts to be more effective, the lack of settlement programs for
the newly legalized immigrants, the need to find resolution to the
9roblem of those seeking asylum but who may not work, the lack of
affordable or transitional housing for the newly legalized
immigrant population.
Despite the efforts and achievements to date of the Transients
Issues Program, the City is now faced with dealing with massive,
political, economic and social migrants coming into the City in
numbers that are overwhelming the current systems that were never
designed in the scope and impact to manage the issues we now
encounter. The City is clearly unable to deal with the impact on
property, environment, personal well-being, and safety of the
residents and businesses within the community created by immigrants
- whether they be legal, legal-restricted, or illegal - that are
in need of basic necessities such food, shelter, health services
and employment. The problems are beyond the scope, ability, and
authority of local government to manage. Governmental systems,
whether they be local, regional, or federal, are clearly ill-
prepared at present to deal with the impacts of increasing
immigration.
RECOMMENDATIONS TO COUNCIL:
Direct staff to research the necessary findings relative to a
"declaration of a local state of emergency" that would focus
immediate regional, state and national attention on the
problems we are facing.
Council review and identify the policy alternatives in each
section they wish considered for implementation.
Based on Recommendation 2, direct staff to return to Council
with costs and the necessary resources needed to implement the
above alternatives identified by Council.
12
Book # ~ ~-/.~' Page #
SUMMARY OF ALTERNATIFES
1. Education
1.1 The City needs to develop more bilingual brochures or flyers
(such as "Knowing Your Community. . .A Brief Handbook of Rights,
Responsibilities and Other Important Information") and distribute
them in camps and at congregation locations. Information could
include a brief overview of the criminal justice system and the
importance of reporting crimes.
1.2 Federal government provide resettlement/transition programs
for the recently legalized immigrants.
1.3 The City seek grants to teach community responsibility
outreach programs.
1.4 The City, with the responsible agencies, solicit the help of
the community in reporting illegal activity (such as illegal
hiring, alien smuggling, illegal camping), to the proper
authorities (INS, Border Patrol, Sheriff).
2. Employment
2.1 The City, in joint partnership with the State Employment
Development Department, work in the area of employment development,
perhaps with the help of other organization such as the Private
Industry Consortium (PIC/RETC) and our local business community.
2.2 City, together with the Federal government, educate employers
to use the Jobs Center facility for temporary as well as full-time
employment.
2.3 City, together with the Federal government, implement an
educational campaign to get the community more involved in the Jobs
Center program.
2.4 City solicit the help of the community in not hiring illegal
workers.
2.5 Require more active Border Patrol presence in screening
employers who knowingly hire undocumented workers.
3. Relocation
3.1 The City could provide bus tokens or van service to help
workers get to and from the Jobs Center from all quadrants of the
City, especially from the "four corners" (Rancho Santa Fe Road and
Encinitas Blvd.) and the Big Bear and Lucky market area.
4. Housinq/Shelter Assistance
4.1 City seek Federal assistance for resettlement or sanctuary
shelter for applicants seeking asylum until their immigration
status can be determined.
4.2 City seek Federal, State, and County assistance and funding
for transitional housing programs for legal immigrants.
Book # ~' ~ ~' Page
4.3 City implement provisions of the Housing Element that pertain
to "special needs categories", migrant day-laborers, homeless and
farmworkers.
4.4 City provide incentives to growers/employers to develop.low-
income housing for their employees.
5. Legislation, e.g. Local, State and Federal
5.1 City seek reimbursement for costs and impact of illegal and
legal-restricted on the community.
5.2 City establish a coalition of other impacted cities and
agencies to actively seek Federal assistance or changes in
legislation that would help deal with the problems.
5.3 city seek the help of the Federal government in establishing
a resettlement/sanctuary program for illegal and legal immigrants.
5.4 City ask Congress to conduct hearings in North San Diego
County regarding local government's unsuccessful efforts to
mitigate the immigration problems created as a result of the
Federal government's lack of resources.
5.5 City lobby the appropriate legislators to obtain funding for
the full implementation of IRCA, and resolution of the problem of
those seeking asylum but who are not authorized to work.
6. City Agencies, e.g. Code Enforcement, Fire, Public Works,
Sheriff, Community Services
6.1 City consider the implementation of a "curb-side hiring" ban
or "anti-solicitation" ordinance focused on employer solicitation.
6.2 City modify existing policy to assist property owners by
providing impacted sites with fecal/garbage removal.
6.3 City will not continue to cite property owners when these
property owners are working with the City to eliminate encampments
and hazards on their property.
7. Non-City Enforcement Agencies
7.1 The City work with appropriate legislators to lobby to obtain
funding for an increase in the Border Patrol's enforcement level.
7.2 The City participate with other agencies in a "Temporary
Misdemeanor Pre-arraignment Detention Facility".
8. social Service Groups (Non-Governmental)
8.1 city solicit the involvement of social service agencies and
religious organizations in our community to work on programs of
acculturation, education, locate affordable housing, etc.
8.2 City work with appropriate legislators to obtain funding for
social and health programs for legal immigrants, to assist in their
settlement.