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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. 03/13/90 SPECIAL MTG PAGE 1 MTG 90-/~ , BK#4, PAGE~ 03/13/90 SPECIAL COUNCIL MEETING 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. 03/13/90 SPECIAL MTG PAGE 3 03/13/90 SPECIAL COUNCIL MEETING 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. 03/13/90 SPECIAL MTG PAGE 4 03/13/90 SPECIAL COUNCIL MEETING 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. 03/13/90 SPECIAL MTG PAGE 5 03/13/90 SPECIAL COUNCIL MEETING 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 03/13/90 SPECIAL MTG PAGE 6 MTG 90-/~ , BK#4, PAGE~__ 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.