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HomeMy WebLinkAboutAGENDA REPORT 1992 0520 CC REG ITEM 11CMOORPARk":" I/v'l 799 Moorpark Avenue Moorpark, California 93021 M E M O R A N D U M TO: Honorable City Council FROM: Mary K. Lindley, on Behalf of the Day Laborer Ad Hoc Committee DATE: May 1, 1992 (805) 529 -6864 "JORPARK, CALIFORNIA Oily Counc` Meeting of S d 199 ACTION: B SUBJECT: Relocation of the Day Labor Gathering Site Summary The Day Laborer Ad Hoc Committee has been meeting since January to develop a recommendation to resolve the concerns of the business owners, on the southwest corner of High Street and Spring Road, over workers who gather at the location to find employment. The Committee has reached a consensus on a course of action and is recommending that Council support the day laborers decision to move their gathering site to a new location at the Community Center. Background On January 8, 1992, Council directed that the Community Development Committee continue to work with staff to develop a recommendation which would address the concerns of business owners on the corner of High Street and Spring Road over the regular gathering of day laborers. It was also recommended by several Councilmembers that the Committee involve interested individuals from the business and residential community in the decision - making process. An Ad Hoc Day Laborer Committee was formed and held its first meeting in February 1992. The Committee included the business sector, residents, day laborers, and a representative from El Concilio. The Committee explored several issues including the needs of the day laborers and the community, level of City involvement in the resolution of the current situation at High Street and Spring Road, the rights of the day laborers and property owners, site selection, and long and short term goals. The following is a summary of the Committee's finding and the discussion that evolved: PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR. Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Printed On Recycled Paper Day Laborer Gathering Site May 1, 1992 Page 2 Day Laborers' and Community's Needs The day laborers gather regularly at the southwest corner of High Street and Spring Road to connect with contractors in hopes of securing temporary or permanent employment. Typically, the workers gather from approximately 6 am to 10 am Monday through Saturday. A large majority of the day laborers are Moorpark residents who live in the downtown area and many do not have automobiles. For this reason any proposed alternative site would need to be within walking distance from the workers homes. The day laborers have expressed a strong willingness to work with the City and the community to identify an alternative site. In the meantime, the workers are working together to keep the current site clean and to limit their activities to the previously stated hours. The business community must respond to the needs and concerns of its customers, some of whom have expressed that they are uncomfortable with the group of workers who gather. The owner of Tipsy Fox has stated that the day laborer activity in front of his store has decreased his business. The limited parking spaces in the downtown area are also a concern. Workers who do have cars utilize spaces that could otherwise be used by other customers. Level of City Involvement It was the consensus of the Committee, that at a minimum, the City should take action to respond to the request for assistance by the businesses at the corner of High Street and Spring Road and to act as a facilitator to bring about a resolution. Some members believe that the City should play a larger role by assisting to secure a permanent site, necessary amenities, and organize a day laborer employment center. Others believe that the day laborers should organize themselves and take full responsibility for locating a new site. The Committee as a whole agreed that the contractors/ employers, and not the City, are fully responsible for complying with Federal and State employment laws. The location of the day laborer gathering site does not change or remove that responsibility. Rights of Day Laborers and Property Owners The Committee spent considerable time exploring the rights of the day laborers to gather on public or private property and the rights of property owners. As explained by the Sheriff's Day Laborer Gathering Site May 1, 1992 Page 3 Department, the laborers have the right to stand at Tipsy Fox for any length of time as long as they are not obstructing the public right -of -way or entrance and egress to the businesses. Private and public property that is generally open to the public can not be restricted. The activity of the day laborers who gather on the parking lot in front of the businesses is not considered trespassing and law enforcement agencies do not have legal grounds to make arrests or require the workers to leave. Long vs Short Term Goals In its effort to identify a solution to the current situation, the Committee discussed long and short term goals. The long term goal is that a permanent site be found for the men to gather, preferably a location with a building and necessary amenities (restrooms, water, and a telephone). When it became apparent that the Committee would not be able to identify a long term site or a plan of action to address the needs of the community and the day laborers in a sufficient time - frame, the focus turned to finding a short term solution. The short term goal is to alleviate the situation on the corner of High Street and Spring Road as soon as possible by identifying a location where the day laborers can gather. Once the short - term site has been implemented it should be monitored and re- evaluated, and if necessary, a long -term site should be sought. Site Selection The Committee discussed many possible locations where the workers could gather to seek employment. After considering the needs of the laborers to be located near the downtown area and the concerns of residents and the business community, the field of locations was narrowed down to four sites: The Community Center, the vacant southwest corner of High Street and Moorpark Avenue, the vacant parcel on the east side of Spring Street (Smith property), and the vacant parcel next to B & V Market on Moorpark Avenue. Upon consideration of the aforementioned issues and the immediate need to resolve the current situation, the Committee concluded that a short term solution should be implemented as soon as possible. The Committee recognizes that the workers have a legal right to gather on any public or commercial property as long as they do not obstruct access and that any move on the part of the workers will be voluntary. The situation at High Street and Spring Road can continue or the workers can agree to move to a location that is Day Laborer Gathering Site May 1, 1992 Page 4 more acceptable to the community with or without the City's assistance. The Committee believes that it is in the best interest of the community to work with the day laborers to locate a temporary site until a long -term site can be found. The day laborers and the Committee agree that the Community Center offers the best short -term location for the workers who need a place to gather. The Community Center is a public facility which is available to the full community for a variety of purposes. It is located away from businesses and residents, and yet within walking distance for the workers who live downtown. The day laborers have agreed to make the move to the Community Center. They have also agreed to take the initiative and responsibility of organizing the move by submitting press releases and encouraging local newspapers to "spread the word ", posting signs and fliers with information about the new location at the old site, informing the contractors of the new location, and monitoring the old site to ensure that all the workers honor the new location. The day laborers understand the that some residents may feel that the activity of the workers may interfere with other activities that take place at the Center. To address this concern, the day laborers have agreed to request that workers who have not found employment by 10 am each day to disperse. Recommendation The Day Laborer Ad Hoc Committee recommends that the Council support the day laborers efforts to move to the Community Center for the single purpose of seeking employment.