HomeMy WebLinkAboutAGENDA REPORT 1996 0508 CC SPC ITEM 04CITEM 7• �►
CITY OF MOORPARK
CITY COUNCIL REPORT 71'7' "A`K C" ". _
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TO: The Honorable City Council
FROM: Mary K. Lindley, Assistant to the City Manager 1
1
DATE: May 6, 1996 (CC Meeting of May 8)
SUBJECT: Consider the Gathering of Day Laborers on the Southwest corner of High
Street and Spring Road
Background
The gathering of day laborers at the southwest corner of Spring Road and High Street as been a
long - standing dilemma for the City. In 1991, the City of Moorpark established a Day Laborer Ad
Hoc Committee to address the matter of day laborers gathering at the southwest corner of High
Street and Spring Road for the purpose of seeking employment. The Committee was comprised
of day laborer representatives, business community representatives, other interested residents, and
two City Councilmembers.
After studying the issue for close to a year, the Committee felt it was important to find a positive
solution that addressed the needs of the businesses in the area and the desire of the men to find
employment. The Committee set about looking for an alternative gathering site that provided for
the visibility and sanitary needs of the day laborers but did not conflict with any existing
businesses or residences. The site unanimously chosen by the Committee members was the
Moorpark Community Center. The report containing the Ad Hoc Committee's recommendation
is attached to this staff report as Attachment A.
The City agreed to have the restrooms at the Community Center opened each weekday by 6 a.m.
El Concilio, a non profit agency based in Oxnard, was instrumental in kicking off the new day
laborer gathering site location. They distributed flyers announcing the new site and met with the
day laborers to gain their support. On the Sunday before the new location was to take effect, El
Concilio hosted a barbeque for the day laborers and their families at the Community Center Park.
Although this effort was never successful in gaining the cooperation of all the day laborers, a
significant majority of them did voluntarily move to the new location at the Community Center.
After the initial effort, there was no other contact made with the day laborers or the employers
who employ them. Today, the Community Center is no longer used by the day laborers; they
currently gather back at the corner of High Street and Spring Road.
Day Laborers
May 6, 1996
Page 2
In 1995, at the request of Tipsy Fox owner Mike Abdul, the City Council adopted a resolution to
allow law enforcement officers to enforce the Vehicle Code in the parking lot in front of his
business which involves moving vehicle violations. In addition, Mr. Abdul was informed in
writing that as the property owner he has the ability to implement and enforce parking restrictions
in his parking lot. Pursuant to California Vehicle Code, property owners can post signs stating
"Customer Parking Only, violating vehicles will be towed at the vehicle owners expense." The
property owner is responsible for towing any vehicles in violation. To the City's knowledge, Mr.
Abdul has not pursued this option.
Attached to this staff report is a brief summary of the efforts made by some other Southern
California cities to address the gathering of day laborers seeking employment and a copy of the
Agoura Hills Ordinance.
Recommendation
Direct staff as deemed appropriate.
fr 4-n-c h yn e.- i k A
For May 8, 1996, Special Meeting of the Moorpark City Council
SUMMARY OF DAY LABORER ACTIVITIES IN OTHER CITIES
Agoura Hills
There are approximately 70 day laborers who gather daily on pubic right -of -way in the vicinity of
Kanen Road and Agoura Road. The City believes that most, if not all, of the day laborers are
non -city residents. In 1991, Agoura Hills adopted an Ordinance that restricts the solicitation of
work by laborers and employers from a vehicle in the public right -of -way. In addition, the
Ordinance allows owners of commercial parking lots to restrict solicitation to a specific area
within their parking lot as long as they establish a written policy. The City of Agoura Hills
successfully defended, at significant expense, its Ordinance when it was challenged in court. The
City of Los Angeles has a similar ordinance. Originally, Agoura Hills made violations of its
Ordinance misdemeanors. The Los Angeles District Attorney Office indicated that it was
unwilling to prosecute violations resulting from the Ordinance since it considered them to be of
low priority and potentially very difficult to win. The City was told that it would have to have
first -hand knowledge; i.e., hear, of the actual solicitation in order to successfully prosecute
offenders. The City has since made violations an infraction which allows its City Attorney to
prosecute offenders. Agoura Hills law enforcement officers stated that as an infraction, they do
not need to provide the same level of proof as is required by a misdemeanor.
Currently, Agoura Hills' law enforcement officers are citing individuals for moving violations and
solicitation from a vehicle. Violations of the Ordinance are referred to Traffic Court; fines are
levied set for up to $271. Since the Ordinance is rather narrow in scope, day laborers continue to
gather at the vicinity of Kanen and Agoura roads in approximately the same numbers as before.
The City indicated that it has seen no significant change in its day laborer situation.
In addition to the Ordinance, the City of Agoura Hills implemented a "phone bank" designed to
facilitate laborers' job search for jobs. CDBG funds ($10,000) are used to support this program.
Participation in the phone bank is very low and is generally used by employers looking for
domestic help. Domestic work is not usually the type of work sought by day laborers. The City
does not consider this effort to be successful and the Council is currently considering whether or
not to continue the program.
Sierra Madera
In 1992, the City of Sierra Madera attempted to addressed the concerns expressed by residents
about the use of public right -of -way in front of a City park by day laborers and employers to
arrange employment. The City held several community meetings and the Council concluded that
the City did not have the means fully eliminate the activity. Instead, the City worked with the men
to move them into the park and off of the public right -of -way. In addition, the City secured a
verbal agreement from the men to restrict their job search activities to the hours between 6 a.m.
and 11 a.m. While the City Council still receives complaints from time -to -time, they have been
reduced significantly, and the City does not plan to take any further action at this time.
Brea
The City of Brea is generally regarded as having one of the most successful job center programs
for day laborers. When the City first dealt with its day laborer problem, approximately 50
laborers were gathering daily along a state highway that bisects the City. The City established a
job center site which included a facility with restrooms and one part-time staff. The job center
currently operates from 6 a.m. to 11 a.m. Monday through Saturday. Individuals seeking work
register with the program. When employers request workers, a lottery system is used (worker
draw numbers randomly). Employers can request specific laborers. Currently, there are 175 men
registered with the program, although only 30 to 35 men attend the job center each day. In
addition, they have 25 women registered with the program. City staff believes that the majority of
the laborers registered with the program have permanent or long -term jobs and use the program
as a back -up in case they need a new job. The City is currently considering charging the
participants $5 to $10 per month to use its services in an effort to off -set the cost of the program.
Staff indicated that the majority of its time is spent doing outreach to workers and employers.
The City of Los Angeles operates two job centers similar to Brea's.
Santa Clarita
In the City of Santa Clarita, approximately 250 day laborers gather along a four mile stretch of
San Fernando Road. The City has been dealing with the concerns of business owners on San
Fernando Road who believe they are impacted by the presence of the large number of men. While
the City has been faced with this issue since its incorporation, the Council has not taken any
action to date but staff is currently researching legal options available to it as well as a possible
job center. In particular, staff indicated that it was considering an ordinance similar to the ones
adopted by cities of Agoura Hills and Los Angeles.
Costa Mesa
The City of Costa Mesa established a job center in an effort to eliminated the need for informal
day laborer gathering sites around the City (there are at least three informal sites). The job center
is open 6 a.m. to 11 a.m., Monday through Saturday, and it is operated in a similar fashion to the
job center in Brea. Costa Mesa's job center differs from Brea's in the following way: in order to
register with the job center, workers must provide documentation which establishes their
residency status. The City charges a one - time -only fee of $3 to register. The City funds two
part-time employees to run the center. Each employee works 30 hours per week. Approximately
135 men attend the job center each day. Although the job center closes at 11 a.m., the City
receives complaints from the community about men who continue to congregating outside the
center after it closes. The job center has not successfully eliminated the informal sites where day
laborers gather.
C
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ITE MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
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
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
Comm�i.ttee 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 E1
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.
Mavor Mayor Pro Tern Councilmember Councilmember CounComember
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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
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.
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k:cc V) `'Yl r'r j T (�,
ORDINANCE NO. 91 -191
AN ORDINANCE OF THE CITY OF AGOURA HILLS
RELATING TO THE SOLICITATION OF EMPLOYMENT,
BUSINESS OR CONTRIBUTIONS OF MONEY OR OTHER
PROPERTY WITHIN THE CITY, AMENDING THE AGOURA
HILLS MUNICIPAL CODE AND DECLARING
THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF AGOURA HILLS DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Article III, Chapter 2 of the Agoura Hills
Municipal Code is hereby amended by amending Sections 3208 and 3209
to read:
113208 Definitions. For the purposes of Sections 3209
and 3210, the following meanings shall apply:
(a) "business" shall mean and include any type of
product, good, service, performance or activity which is provided
or performed, or offered to be provided or performed, in exchange
for money, labor, goods or any other form of consideration.
(b) "employment" shall mean and include services,
industry or labor performed by a person for wages or other
compensation or under any contract of hire, written, oral, express
or implied.
(c) "solicit" shall mean and include any request,
offer, enticement, or action which announces the availability for
or of employment, the sale of goods, or a request for money or
other property; or any request, offer, enticement or action which
seeks to purchase or secure goods or employment, or to make a
contribution of money or other property. As defined herein, a
solicitation shall be deemed complete when made whether or not an
actual employment relationship is created, a transaction is
completed, or an exchange of money or other property takes place.
Way.
3209 Prohibition of Solicitation in Public Right -of-
(a) It shall be unlawful for any person, while
standing in any portion of the public right -of -way, including but
not limited to public streets, highways, sidewalks and driveways,
to solicit, or attempt to solicit, employment, business or
contributions of money or other property from any person travelling
in a vehicle along a public right -of -way, including, but not
limited to public streets, highways or driveways.
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(b) It shall be unlawful for any person, while the
occupant of any vehicle, to solicit, or attempt to solicit,
employment, business or contributions of money or other property
from a person who is within the public right -of -way, including but
not limited to a public street, highway, sidewalk or driveway."
Section 2. Article III, Chapter 2 of the Agoura Hills
Municipal Code is hereby amended by adding thereto a new Section
3210 to read:
"3210 Prohibition of Solicitation in Unauthorized
Locations Within Commercial Parking Areas.
(a) No person shall solicit or attempt to solicit,
employment, business or contributions of money or other property,
from a location within a commercial parking area other than an area
within or served by such parking area which is authorized by the
property owner or the property owner's authorized representative
for such solicitations. This section shall not apply to a
solicitation to perform employment or business for the owner or
lawful tenants of the subject premises.
(b) For purposes of this Section, "commercial
parking area" shall mean privately owned property which is designed
or used primarily for the parking of vehicles and which adjoins one
or more commercial establishments.
(c) This Section shall only apply to commercial
parking areas where the following occurs:
(i) The owner or person in lawful possession
of the commercial parking area establishes a written policy which
provides area(s) for the lawful solicitation of employment,
business, or contributions of money or other property, in locations
which are accessible to the public and do not interfere with normal
business operations of the commercial premises;
(ii) A copy of said policy is submitted to the
City Manager to be maintained in City files; and,
(iii) The owner or person in lawful possession
of the commercial parking area has caused a notice to be posted in
a conspicuous place at each entrance to such commercial parking
area not less than eighteen by twenty -four inches in size with
lettering not less than one inch in height and not to exceed in
total area, six square feet. The notice shall be in substantially
the following form:
'It is a misdemeanor to engage in the
solicitation of employment, business or contributions of money or
other property in areas of this commercial parking lot which are
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not approved for such activity by the property owner. "'
Section 3. Section 3211 of Article III, Chapter 2 of the
Agoura Hills Municipal Code is hereby repealed.
Section 4. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance. The City Council of
the City of Agoura Hills hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one
or more section, subsection, sentence, clause, phrase or portion
may be declared invalid or unconstitutional.
Section 5. There are existing provisions in the Agoura
Hills Municipal Code which regulate the solicitation of employment,
business or contributions within the public right -of -way and,
subject to certain requirements, in commercial parking areas. This
ordinance changes the existing provisions in significant respects.
Both the existing provisions and this ordinance are necessary to
protect the public from traffic hazards and other dangers which may
result from solicitations of employment, business and contributions
in certain locations. Absent the immediate effectiveness of this
ordinance, it is likely that there will be significant confusion
regarding which provisions are in effect, which may result in
increased traffic safety and other problems. The immediate
effectiveness of this ordinance is therefore necessary to prevent
confusion as to which regulations are in effect and to protect the
public safety and welfare. This ordinance is an urgency ordinance
and shall take effect immediately upon adoption.
PASSED, APPROVED AND ADOPTED this 24th day of July, 1991.
ATTEST:
CITY CLERK
AYES: 5 (RISHOFF, PAVLEY, KURTZ, LEARY, MC BANE)
NOES: 0 (NONE)
ABSTAIN: 0 (NONE)
ABSENT: 0 (NONE)
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