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1990-01-23 8\ . 8\ MINUTES OF REGULAR MEETING OF ENCINITAS SANITARY DISTRICT BOARD OF DIRECTORS, JANUARY 23, 1990, 4:00 P.M., 535 ENCINITAS BLVD., SUITE 100, ENCINITAS, CALIFORNIA 1. CALL TO ORDER/ROLL CALL l Board President Gaines called the meet in to order at 4:30 P.M. Present: President Gaines, Slater. Shea, Board Members Hano, Omsted, Also Present: District Manager Shafer, Board Attorney Krauel, District Engineer August, Board Clerk Pool, Management Analyst Romero, Senior Office Specialist Greene. There being a quorum present, the meeting was in order. 2. PLEDGE OF ALLEGIANCE 3. ORAL COMMUNICATIONS None. 4. CLOSING AND ADOPTION OF CONSENT CALENDAR A. Approval of Minutes: December 12, 1989. B. Approval of Januarv 23, 1990, Warrants List. C. Acceptance of Improvements and Authorization for Notice of Completion for Moonliqht Beach Pump Station Upqrade Proiect. Omsted moved, Shea seconded to close and adopt the Consent Calendar. Motion carried. Ayes: Gaines, Hano, omsted, Shea, Slater; Nays: None. 5. CONTINUED BUSINESS A. Consideration of Alternatives to Abate Illegal Campinq and Litter on District Property Located at 40 Encinitas Boulevard. Management Analyst Romero told the Board that a meeting was held in December, 1989, between District representatives, (Board Member Slater and District Manager Shafer) and the merchants/property owners of the property located at 40 Encinitas Boulevard (Big Bear Shopping Center), to review abatement efforts to date, discuss the impact of the illegal camping conditions and develop possible alternatives. ESD Mins. 01/23/90, Mtg. No. 90-02 Bk. 1, pg.ó7 Page 1 --J . . . Enc. San Dist. Mins. 01/23/90 The direction that appeared most appropriate, involved two key components. 1) Implementation of a vegetation management program on District property and 2) Increase in the frequency of cleanup services to 3-4 days per week. Board Member Gaines asked Transients Issues Coordinator Carranza if there had been any change in the number of immigrants on site at Big Bear since initiation of the Hiring Hall? Gloria Carranza stated that she had been spending so much time at the Hiring Hall since it's inception, that she had not been able to investigate conditions at the Big Bear Center. She had spoken with the Border Patrol and was informed that the INS District Director had furnished the Border Patrol with a list of names of persons whose cases had been denied asylum. When the Border Patrol stops a person, the list is checked and if that person is on the list immediate steps are taken to deport that individual. Phil Ward, who represented the Big Bear Supermarkets, told the Board that the loss of sales to Big Bear had been over $3,000,000, and the loss of sales to Wendy's had been in excess $250,000. The owner of the Center had spent in excess of $60,000 in guard service, Big Bear had spent an additional $15,000 - $20,000 in clean up around the shopping center and had suffered rent loss from 2 suites that cannot be leased. Mr. Ward said on the morning of the 23rd of January, there were 14 people standing in front of the Shopping Center (Shopping Center property) seeking work. On the sidewalk (City property), there were approximately another 15 people trying to obtain work. Mr. Ward suggested two alternatives, 1) clearing the brush from the ESD site, or 2) paying a guard service 24 hours a day. He said when contacting the Sheriff's Department for assistance, it takes from 30-45 minutes response time. He told the Board the businesses in the Center would not survive unless they received help from the City. Tracy Patrick, who represented the Jolly Clean Giant laundromat, told the Board he had been at the Center for 8 years. He said the first five years his business had gone up 45% and since 1987 his business had steadily declined. He said a young woman was molested in his store by a gang of drunken immigrants. Mr. Patrick said the Sheriff's Department was not notified of the incident. Charles Bell, one of the owners of Wendy's, reiterated problems that Wendy's was having and said for the last two years he had not been able to open for breakfast and cannot open before 10:00 A.M. because customers have been accosted. The cost to Wendy's because of the shorter hours, had been in excess of $250,000. Mr. Bell ESD Mins. 01/23/90, Mtg. No. 90-02 Bk. 1, Pg.¿)~ Page 2 8) . . Enc. San Dist. Mins. 01/23/90 said his store's profits were down 30% over the last two years because of the migrant problem. He presented 450-475 signed petitions from customers and tenants of the Center and asked the Board for assistance. Board Member Slater asked if Mr. Bell had contacted the Sheriff's Department when experiencing problems. Mr. Bell told the Board he had meetings with the Sheriffs representatives regarding the ongoing problems. He told of a specific instance when the Sheriff's Department was called and there was no response. Board Member Omsted asked Gloria Carranza if the people had moved from the property that had been cleaned out by the City. Ms. Carranza said if the property is not frequently monitored, new encampments are established. She said this property is appealing because the property is near a main transportation artery, near shopping and eating establishments, a convenient area to be picked up for work, and an accessible place to seek refuge in the vegetation. Betti Clarke of A.Q.A.P. Travel told the Board there had not been a big change as far as immigrants on the site since the onset of the Hiring Hall. She said someone brings clothing, blankets, etc., once a week for the workers. Board Member Gaines asked Staff if all the property can be de- yegetated or just a portion of it. District Engineer August stated that the land was a wetlands area and all of the bushes and trees had been trimmed. He said a lot of the areas used for encampments had been cleared out, and Target Services, 2-3 times a month, removes any evidence of human habitation. The Coastal Commission will not issue a permit for grading to de-vegetate before April 1, 1990. Robert Graham, of Target Services, told the Board his staff cleans up the area two times a month and also had tried cleaning up the area once a week. Also, there is a human problem in taking away the meager possessions of the immigrants. He said nothing seems to work, and that he thought cutting the weeds back would not stop the encampment. If no one is allowed to camp on the Sanitary District property, they will camp on private property, alongside of the freeway, and next to the Budget Motel. He said the maj ori ty of the people camping on this property are Guatemalans. The sanitary problem would be helped if cleaned more frequently, but fecal material is deposited on a daily basis. He said his staff had not been successful and that many times after the area had been ESD Mins. 01/23/90, Page 3 Mtg. No. 90-02 Bk. 1, pg.~7 . . . Enc. San Dist. Mins. 01/23/90 cleaned, it looked worse the next day, because the people are then angry and throw their trash around out of spite. Mr. Graham said the Hunt property on the hillside around the Hiring Hall is free of encampments. He patrols the area 3 times a week and decides if the property should or should not be cleaned up. District Engineer August told the Board all the documents had been executed to allow the Sheriff's Department to come on site to remove trespassers. Captain Bob Apostolos of the Sheriff's Department stated that when his Department is called, the call is handled as all other calls are and offenders would be cited. Board Member Omsted asked Captain Apostolos about the constant complaints received regarding a slow response time at the Big Bear Center. Captain Apostolos said he would have to check each complaint individually and that the average time for a non-priority call is 20 minutes. Further, if violence is involved it should be stated at the time of the call and it would be treated as a priority call. Board Member Gaines requested that information regarding the Sheriff's Department response time to phone calls be reported to the City Council. Elias Romo, Store Manager of Big Bear, stated that in the last 6 months two deaths of immigrant people had occurred. He said the response time had been 40-45 minutes after informing the Sheriff's Department that a fight was in progress with an immigrant and one of Big Bear's security guards. For response time within 5 minutes a call must be made saying that an officer is down. He also said there had been times that Big Bear's security guard has had an immigrant who is drunk and disorderly in handcuffs, and when the Sheriff's Department took over, they released the immigrant because of lack of room in the jails. Captain Apostolos assured the Board that his Officers are responding to all calls, regardless of where they come from, in a judicious manner. " Board Member Shea verified with Captain Apostolos that the dispatch system was located in the City of San Diego and calls from Encinitas go to San Diego and in turn the Sheriff's Department in Encinitas is called by radio to handle the call. In response to a question from Board Member Shea, Captain Apostolos said an added Security Force would be a positive step but he was ESD Mins. 01/23/90, Mtg. No. 90-02 Bk. 1, Pg. ~O Page 4 .' . . Enc. San Dist. Mins. 01/23/90 not sure of its effectiveness. He said he was already studying the possibility of alternative staffing in 12 hour shifts for more man hours which could help to clean up the area. Phil Ward offered the Sheriff's Department a vacant store at the Big Bear Center rent free for a Sheriff's station. Captain Apostolos replied that he would not have personnel to staff it. Board Member Hano said this a City problem, and also a Federal Government problem and all units of government must work together to alleviate the predicament. Mr. Ward said he would be willing to work in a joint effort as long as the portion of money that Big Bear is spending is spent on the shopping center site. It was the Board consensus that a special City Council meeting would have to be held to deal with the immigrant issues. It was also Board consensus that as soon as the permit is issued to de- vegetate, that process should begin. Board Member Gaines asked Staff to invite Security Guard firms to attend the next ESD meeting to offer their expertise and bids regarding guard service for the property. Gaines moved, Omsted seconded to accept staff alternative 2.a. to begin daily cleanup on District property based on a seven day per week schedule at approximately four hours per day for District cleanup in the amount of $3,290 per month on a month to month basis, but not to include the $775 per month for Big Bear center area. Motion carried. Ayes: Gaines, Hano, Omsted, Shea, Slater; Nays: None. 6. ITEMS REMOVED FROM THE CONSENT CALENDAR BY BOARD MEMBERS None. 7. BOARD / DISTRICT MANAGER REPORTS None. 8. ADJOURNMENT President Gaines declared the meeting adjourned at 5:55 P.M. E. L~~lerk By: Kathy Greene Sr. Office Specialist Mtg. No. 90-02 Bk. 1, Pg.~ ESD Mins. 01/23/90, Page 5