HomeMy WebLinkAbout1996-10-01 - AGENDA REPORTS - DAY LABORERS (2)CITY OF SANTA CLARITA
INTEROFFICE MEMORANDUM
TO: Mayor Boyer and Members of the City C ncil
FROM:: George A. Caravalho, City Manager
DATE: October 1, 1996
SUBJECT DAY LABORERS
BACKGROUND
At the request of the City Manager, staff has spent the previous five months researching matters
relating to the day laborer population that exists in the Santa Clarita Valley, This ongoing matter
encompasses a number of issues that are of interest to many residents and businesses within the
community.
PURPOSE OF THIS REPORT
As an introduction to this subject, staff believes it is appropriate to explain why this report has been
prepared for the City Council. This report has been prepared to address and potentially provides
solutions for three (3) specific issues of community interest. Theseissues are:
Community Concerns: Santa Clarita's day laborer population tends to gather along a five mile
stretch of San Fernando Road, between Magic Mountain Parkway and Sierra Highway. For a
number of years, the day laborer population has caused concern for many of the businesses located
along San Fernando Road, and for the residents of the community. Specifically, complaints within
the community have focused upon issues ranging from littering, to the "swarming of vehicles",
loitering in front of businesses, the discharge of human waste in public, intimidation, and the
harassment of female pedestrians.
Non -Profits Organization/Church Groups Concerns:,A number of non-profit organizations and
church groups have met with City staff to discuss their concerns regarding the community's day
laborer population. While these groups are also concerned with the issues addressed in the previous
section, their interests also include concern for the day laborer population who want to work to
provide for themselves and their families.
The Revitalization of Downtown Newhall: The need to address matters relating to the day laborer
population is consistent with the input received from the community concerning the City's ongoing
efforts to revitalize the downtown Newhall area. Over an 18 month period,: the City facilitated a
number of community meetings in the Newhall area to discuss matters relating to redevelopment.
Issues relating to the day laborer population was a recurring theme throughout the course of this
Agenda Item -L
process, with the majority of participants agreeing that a lasting solution for this matter was required
to ensure that the City redevelopment efforts would be successful. Many participants expressed that
proceeding with redevelopment without first resolving this issue would impact the potential benefits
which could be achieved.
RESEARCH PROCESS
In preparing this report, staff sought to gather input from as many residents, businesses and agencies
as possible. As the following information demonstrates, staff has attempted to identify every issue
that relates to this matter and contact those individuals with a vested interest in this subject. Along
these lines staff has:
• Contacted and met with key businesses and residents within the community.
• Visited operating Day Laborer Hiring Centers.
• Conducted field observations of our day laborer population.
• Met with non-profit organizations and church groups interested in assisting in the
development of a lasting solution concerning this matter.
• Contacted and met with other government agencies to discuss their individual approaches
to addressing matters relating to day laborers.
• Mailed out approximately 130 letters to individual businesses and residents that have
expressed an interest in this matter. These individuals were invited to attend the
October 1, 1996 City Council Study Session, or to submit their written comments to staff for
inclusion in this report.
FINDINGS
Based upon staffs research, five (5) key items of discussion relating to the day laborer population
have been outlined for review by the City Council. These five items include:
1. Overview of the current day laborer situation in the Santa Clarita Valley.
2. Business community comments.
3. Information regarding existing and potential laws available to address matters relating to the
solicitation of employment within the public right of way.
4. Approaches to address matters relating to day laborers utilized by other municipalities.
5. Options for the City Council's review and consideration.
OVERVIEW OF THE CURRENT DAY LABORER SITUATION IN THE SANTA
CLARITA VALLEY
Prior to discussing this item, staff believes it is important to recognize that the practice of soliciting
for employment within the public right of way is presently a legal action. The same holds true for
motorists stop within the public right of way in order to solicit the potential employment of those
individuals seeking work.
In the Santa Clarita Valley, residents seeking temporary employment tend to gather along a five (5)
mile stretch of San Fernando Road between Magic Mountain Parkway and Sierra Highway. Based
upon observations made by staff members during a two week period in August, the number of day
laborers attempting to solicit work between 7:45 a.m. and 8:15 a.m. ranges between 85 to 130 people
on any given day. After 9:00 a.m., the number of day laborers significantly declines to
approximately 30 to 50.
Staff has found that the majority of day laborers tend to congregate within four specific areas along
San Fernando Road. These specific areas include A.V. Equipment Rental (San Fernando Road and
15th Street), Sierra Highway and San Fernando Road (the City bus stop shelter located at the
northwest corner of that particular intersection), Green Thumb Nursery (San Fernando Road, just
north of Vista Del Oro) and Jessup's Dairy (San Fernando Road and 2nd Street).
Based upon staffs observations, some issues relating to pedestrian and vehicle safety did arise.
When a motorist was observed pulling over to the side of the road, it was often a race among many
of the day laborers to get there first.. These day laborers often disregarded traffic, and just ran across
the street. Additionally, motorists pulling their vehicles over to the side of the road frequently did
this without regard for other vehicles.
Overall, the majority of day laborers observed sat or stood around waiting for work. Depending
upon their location, they were observed sitting or lying in front of driveways of apartment buildings,
and eating and drinking along the street. While some littering was observed, no staff member
observed any incidents of harassment, consumption of alcohol, or discharging of human waste in
public.
BUSINESS COMMUNITY COMMENTS
During the development of this report, staff met and/or spoke with several of the businesses that are
directly affected by the presence of the day laborer population. The following information
represents their opinion on matters relating to the day laborer population in Santa Clarita:
1. Green Thumb Nursery: Bryan Payne, manager of the Green Thumb Nursery, expressed
strong concern regarding the issue of day laborers. He stated that his business has been
grappling with the day laborer problem for 25 years, and he is doubtful as to any real action
taking place to help him. His concerns centered upon the workers that gather in front of his
business. According to Mr. Payne, day laborers block the driveways which enter the parking
lot and interfere with his customers' ability to gain access to his facility. Additionally, the
contractors that pick up the day laborers also tend to obstruct the entrance of vehicles into
the facility. Mr. Payne hears complaints, from customers who shop at his store. Specifically,
they complain of harassment and intimidation by the day laborers who approach them while
they are in their cars. Mr. Payne feels that their presence hurts his business.
When asked for possible solutions, Mr. Payne said he ideally would like an anti -loitering
ordinance to be strictly enforced and the INS to do regular sweeps along San Fernando Road.
Mr. Payne also stated that a practical solution would be to have a place where the day
laborers could congregate in the morning in order to be picked up for work.
2. Newhall Paint: Tony Maric, owner of the Newhall Paint store located on Walnut Street,
expressed some concern regarding the day laborer population, but reported that they had little
effect upon his business. Mr. Maric reported that approximately four to five day laborers
congregate near the back portion of his shop, and that their presence has only generated a few
complaints from customers. Mr. Maric also stated that he would support the development
of a day laborer hiring center in the Newhall area.
DZ Marble: Debbie Zeile, owner of DZ Marble (also located on Walnut Street), reported
that six to 12 day workers tend to gather outside the rear portion of her office on a daily
basis. Ms. Zeile reports that she has observed day laborers consuming alcoholic beverages
and discharging human waste products on a regular basis. Additionally, Ms. Zeile also
reports that some of these people harass her staff, and make suggestive remarks in Spanish
that (unbeknown to them) are understood by her staff. Ms. Zeile also indicated that she
would support the development of a work center.
4. A.V. Equipment Rental: Mike Redmond, owner of A.V. Equipment Rental, reported that on
some occasions, almost 100 day workers gather outside his business along 15th Street.
While Mr. Redmond is not overly concerned by the presence of day laborers outside his
facility, he did express his concerns regarding the issue of litter and the constant harassment
of female pedestrians who walk past the day workers who gather along 15th Street. Mr.
Redmond also expressed his support for the development of a work center, provided that it
was accompanied by the adoption of an ordinance which would prohibit the solicitation of
work within the public right of way.
INFORMATION REGARDING EXISTING AND POTENTIAL LAWS AVAILABLE TO
ADDRESS MATTERS RELATING TO THE SOLICITATION OF EMPLOYMENT
WITHIN THE PUBLIC RIGHT OF WAY
Since loitering is generally lawful, previous attempts to legislate matters relating to day workers
have resulted in varying degrees of success. As stated previously, there is no provision within the
City's Municipal Code which prohibits individuals from soliciting employment while within the
public right of way.
Previous loitering laws have improperly made the condition of poverty a crime. In the matter of
Wheeler v. Goodman, it was found that idleness and poverty cannot be made the elements of crime,
and one can not be punished as a vagrant on the promise that he may commit a crime in the future.
because he is unemployed. Laws of this nature have been challenged and overturned based upon
issues of vagueness, violation of equal protection laws, and the right to free assembly and
association.
In recent years, municipalities have changed their focus and are no longer attempting to regulate the
individuals who gather within the right of way to seek employment. Instead, many municipalities
now regulate these matters in a manner which focuses upon "vehicle solicitation." Specifically,
government agencies such as the County of Los Angeles, and the Cities of Dana Point, Agoura Hills
and Glendale have all adopted ordinances which make it unlawful for any person to stand on any
street and solicit employment from an occupant of any motor vehicle. This type of legislation also
makes it unlawful for any person in a motor vehicle to attempt to hire for employment another
person. Regarding Los Angeles County's ordinance, at this time Santa Clarita Sheriffs may only
enforce this ordinance in the unincorporated portions of Los Angeles County, as itis not valid within
the City of Santa Clarita.
As stated in the attached memorandum from the City Attorney's Office, this type of ordinance
specifically addresses the problem which arises when motorists stop along San Fernando Road to
hire individuals, thereby impeding the flow of traffic, causing accidents and creating a public safety
hazard. This type of "content neutral" ordinance has been successfully upheld upon appeal, and is
an effective method that has been utilized by other law enforcement agencies to address this concern.
Further, this type of ordinance provides law enforcement agencies with the ability to encourage day
workers to utilize work centers established within some communities.
APPROACHES TO ADDRESS MATTERS RELATING TO DAY LABORERS UTILIZED
BY OTHER MUNICIPALITIES
There are several approaches which have been successfully adopted by various agencies to address
matters relating to their day laborer population. For the purpose of this report, staff would like to
highlight the approaches utilized by the Citiesof Los Angeles, Agoura Hills, Glendale and Brea.
LOS ANGELE
The City of Los Angeles was the first major city to address the day laborer issue through the creation
of two hiring centers. Presently, Los Angeles maintains two (2) day laborer hiring centers in the
communities of Harbor City and North Hollywood. These centers represent an alternative to the
practices of gathering within the public right of way and swarming vehicles that have stopped at
intersections as day laborers attempt to solicit work. The Harbor City hiring center is located in
Harbor Regional Park, and attracts approximately 150 workers on a daily basis (Monday through
Saturday). Their hours of operations are 6:00 a.m. to 2:30 p.m.
These two work centers provide a place where employers can come to make arrangements for the
employment of individuals. Individuals who utilize these services are required to sign in, and are
prohibited from consuming alcohol, using illegal drugs, or harassing female pedestrians. Seating
and portable bathroom facilities are made available, and participants are provided with services such
as English as a Second Language (ESL) classes free of charge,
Both the Harbor City and North Hollywood facility are facilitated by Los Angeles City employees,
and provide an area where employers/contractors can make arrangements to hire individuals for
employment. It is not the responsibility of the City of Los Angeles to verify any person's right to
work; the City merely provides the area for the two parties to make arrangements for employment.
It is the responsibility of all employers to verify any persons right to legally work in this Country.
Both the Harbor City and North Hollywood Work Centers have enjoyed a great deal of success and
have been instrumental in significantly reducing the number of day laborers on the street. During
staff s visit to Harbor City, the Work Center coordinator provided staff with a tour of the areas where
a majority of their day laborers formerly gathered. During the course of this tour, staff did not
observe any individuals gathered within the public right of way,
AGOURA HILLS
The City of Agoura Hills has chosen to adopt a series of solicitation ordinances which prohibit
solicitation of employment by individuals in the public right of way, in unauthorized locations within
commercial parking areas, and any individual traveling in a vehicle along a public right of way.
Regarding this last item, motorists who are cited for picking up laborers from any public or posted
commercial property are subject to a fine of $271.00 This penalty is classified as a progressive
infraction in the amount of $100.00, with court processing fees of an additional $171.00
The City of Agoura Hills has chosen not to develop a day laborer hiring center, and instead provides
residents with a Telephone Hiring Exchange Center. In concept, the hiring exchange was designed
to provide employers and employees with an opportunity to make arrangements for employment via
the telephone. Agoura Hills staff coordinates this exchange, takes information from individuals
seeking employment (i.e. their specific working skills) and then can offer names on a referral basis
to employers seeking employees from certain classifications (i.e. landscape, cement work, etc.). In
speaking with Agoura Hills staff, they report that use of this telephone hiring exchange is moderate
to low, and that the primary users are individuals who provide domestic types of services.
It is staffs understanding that Agoura Hills officials view this ordinance as an unenforceable paper
tiger. Agoura Hills officials report limited success in their efforts to enforce this measure which is
based upon the large number of day workers that continue to gather and the individuals that continue
to hire them.
GLENDALE
In August of this year, the City of Glendale took action to create a formal hiring center and enact an
ordinance outlawing solicitation on public streets by laborers or their potential employers.
Construction of this hiring center began in late September 1996 and the City's Anti -Solicitation
Ordinance went into effect on September 27, 1996.
Through this process, Glendale envisions a program which will provide a hiring center for
individuals to gather in an area where they can make arrangements for employment with potential
employers. Like Harbor City's hiring center, this location also provides individuals with bathroom
amenities and free English classes.
The anti -solicitation ordinance works hand in hand with the future hiring center, and will allow
Glendale police to site those individuals who continue to hire day laborers off the street. During the
next six weeks, Glendale will facilitate a public awareness campaign designed to create awareness
to the work center. Once the center is operational, those individuals that are cited will face
misdemeanor charges punishable by a fine of $500.00 or six months in jail.
This program represents a creative solution that has been embraced by the community of Glendale.
Through this program, complaints generated by businesses and residents concerning issues of
harassment, alcohol consumption, the discharging of human waste products and loitering have been
addressed. This solution also provides day laborers with a place to seek employment without
infringing upon their rights.
The City of Brea has operated a day laborer hiring center since 1990. This hiring center is facilitated
and sited upon property owned by their redevelopment agency. Brea reports that approximately 80
to 90 workers are registered to utilize the hiring center, and that city staff are responsible for day to
day operations.
Brea is unique in that it does not maintain any type of anti -solicitation ordinance to ensure that day
laborers and employers utilize the hiring center. Brea staff reports that the hiring center was
developed long before this matter ever became even a potential issue within the community. Thus,
there are no ongoing issues or concerns within the community regarding loitering among day
workers within the public right of way.
Further, Brea will only allow residents living within the incorporated city limits to utilize this center,
and requires participants to verify their residency by presenting a utility bill, copy of a rental
agreement and a photo identification. The cost to operate the hiring center is budgeted at
approximately $29,000 each fiscal year, and the City recovers a good portion of those funds by
charging individuals a $5.00 per month fee to utilize the hiring center.
Finally, concerning the use of the center and the issue of legal vs non -legal residents that utilize the.
services offered, the City of Brea policy is consistent with the practices of other communities such
as Harbor City. Brea staff views this hiring center as a place for individuals seeking work and
employers seeking temporary employees to meet and make arrangements for employment. The City
of Brea and their staff is not responsible for verifying the legal status of any individual, as that is the
responsibility of the potential employer,
Brea staff reports that this program has been extremely successful. As stated above, the development
of the hiring center was made a priority by the community. The establishment of this hiring center
came at a time when there were no day laborers present within the public right of way. This
proactive measure has allowed Brea to maintain this trend.
OPTIONS FOR THE CITY COUNCIL'S REVIEW AND CONSIDERATION
The following information outlines options that the City Council may wish to consider as a means
to address matters relating to the Santa Clarita Day Laborer population.
Option #l. Table this item and take no action at this time.
Option # 2. Investigate options that are available and can be provided through the Department of
Immigration and Naturalization Services (INS).
Staff has spoken with representatives of the INS regarding Santa Clarita's day
laborer population. INS representatives have indicated that they are available to
conduct sweeps within the community and will facilitate these types of actions if a
formal request is made by the City.
Presently the INS has a staff of only 11 agents serving the Los Angeles County Area.
INS representatives indicated that if a formal request were received, they would first
conduct a survey of the area, and then proceed to facilitate a series of sweeps over a
staggered period of four to five weeks. The effectiveness of these sweeps depends
upon the composition of our day laborer population.
It is the INS's experience that 75% to 80% of the day laborers are comprised of
individuals who do not have a legal right to seek employment within this country.
In contrast, in three separate reports facilitated by local municipal agencies (two
conducted by the City of Los Angeles, and the other conducted by the City of
Glendale) it was reported that approximately 75% of the individuals who make up
the day laborer population do possess a legal right to work in the United States.
Option #3. Adopt an Anti -Solicitation Ordinance
The City Council may wish to investigate the option of adopting an anti -solicitation
ordinance as a measure to address matters relating to the day laborer population. As
described above, this option has been utilized by the City of Agoura Hills in
conjunction with the creation of a telephone hiring exchange program.
Option #4. Develop a program that incorporates the adopt an Anti -Solicitation Ordinance in
conjunction with the creation of a formal hiring center.
This option appears to have yielded the greatest level of success in the communities
which have taken this approach. Based upon staff's research, it appears that many
of the businesses in the Newhall area would be supportive of this option.
Additionally, staff has met with several non-profit organizations and church groups
that have expressed an interest in teaming with the City to form a public-private
partnership to create a formal hiring center.
RECOMMENDATION
That the City Council receive comments from the public, discuss and provide direction to staff on
how Council would like to proceed.
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ATTACHMENTS
City Attorney's Office Memorandum regarding Vehicle Solicitation/Day Worker Issues
September 7, 1996 Los Angeles Times Article regarding Glendale's Day Laborer Program
Letter from the Santa Clarita Animal Hospital regarding Day Laborers
*Petition To Instate A Day Laborer Program Site In Newhall
*Petition to Oppose the Development of a Day Laborer Program Site In Newhall
*September 12, 1996 letter from City staff inviting interested residents to attend the October 1, 1996
City Council Study Session.
*Documents on file for review in the City Clerk's Reading File
To: Kevin Tonoian From: Tom Altmayer 9-25-9B 11:51am p. 2 of 3
MEMDRAMUM RE VEHICLE : • • 1 • Y[i• ISSUES
This memorandum will address recent concerns over regulating
vehicle based solicitation of day -workers within the City. Among
the areas of concern is San Fernando Road where staff has
observed dozens of individuals lining San Fernando Road seeking
work as day laborers. The problem arises as motorists stop along
San Fernando Road to hire these individuals, thereby impeding the
flow of traffic;'causing accidents, and creating a public safety
hazard
At'preaent'the general practice of vehicle solicitation
within the City is lawful. While there may be individual cases
where the solicitor violates certain traffic laws (i.e. stopping
in a "no stopping" zone, etc.), the practice of vehicle
solicitation, in an of itself, is legal. Moreover, the practice
of congregating by day -workers on public rights -of, -way for the
purpose of soliciting work is, likewise, lawful.
I. EXISTING ABILITY TO PREVENT VEHICLE SOLICITATION
Under the present municipal code, little can be done to
regulate vehicle solicitations along city streets. Only where a
street includes a "no stopping" zone can the Sheriff's Department
regulate vehicle solicitation. This would be limited to
ticketing the motorist for stopping within this zone.
II. VEHICLE SOLICITATION ORDINANCE
A separate option available to the City to regulate the
above -referenced problem would be to adopt a vehicle solicitation
ordinance. The purpose of a vehicle solicitation ordinance would
be to make it unlawful for (1) individuals within the public
right of way -(which would include day -workers) from soliciting
employment or business from vehicles; and (2)for individuals
within vehicles to solicit employment or business from
individuals from the public right-of-way.
While this type of ordinance has been the subject of legal
challenges, at least one recent court decision has approved a
vehicle solicitation ordinance to be adopted by the City of
Agoura Hills. Xiloj-Itzep v. Agoura Hills (1994) 24 Cal.App.4th
620.
Agoura Hills recently adopted the vehicle solicitation
ordinance. Among the findings presented to the City Council
concerning the proposed vehicle solicitation ordinance was that
up to 100 men per day were congregating and seeking work at the
intersection of Kanan and Agoura Roads within the city. Also
included within the findings were a series of complaints received
T.AX2:161349.1
To: Kevin Tonoian From: Tom Altmayer 9-25-96 11:51am p. 3 of 3
by the city related to swarming care, littering, fighting,
urination and public intoxication.
To combat these problems, Agoura Hills adopted the
comprehensive vehicle solicitation ordinance banning all vehicle
solicitation throughout the city. As part of this process,
Agoura Hills established a telephone hiring exchange for day -
workers and employers to call.
Despite'the`efforts made to accommodate individuals seeking
day work;>°the:'Atpura Hills' vehicle solicitation ordinance was
legally'chall'eriged. The Court of Appeal upheld the validity of
the ordinance. Among the factors considered by the Court
included the efforts made by Agoura Hills in providing the
telephone hiring exchange.
If the Council desires to proceed with a vehicle
solicitation ordinance, it is important to recognize that any
vehicle solicitation ordinance should not be targeted at one
group of individuals or another. Rather, ,it is important that
the ordinance be directed at both the vehicle operator as well as
the individuals soliciting business within the public right-of-
way.
I.AX2:1 M369.1
Glendale Plan Curbs, Aids Day Laborers
■ Employment: City will build center to coordinate
hiring as it outlaws solicitation on public strt:ets.
BY STEVE RYFLE
SPECIAL TO THE TIMES
GLENDALE—As in so many
other communities in Southern
California, dozens of young Latino
men hoping to earn a day's wage
line up on Glendale street corners
each morning, waiting to be se-
lected by the contractors who will
soon arrive.
Nearby merchants and rest -
dents have long complained that
the day laborers have become a
public nuisance. They have
grown weary of the city's inabil-
ity to effectively police a laundry
list of infractions by the men,
they say: drinking alcohol, bar.
.assing,women, breaking bottles,
public urination.
But unlike officials in other
towns, those in Glendale believe
they have come up with a solution
to the problems posed by disorga-
nized groups of workers gathered
on street corners, without in-
fringing on their rights.
First, the City Council moved to
create a formal hiring hall for day
laborers. But, in addition, the
council passed an ordinance out-
lawing solicitation on public
streets by laborers or their em-
ployers.
Not even the American Civil
Liberties Union opposes the plan,
which is due to get underway this
month.
"We think this is a very fair
and balanced approach," said Ja-
vier Ruiz, an officer with the
Glendale Police Department who
helped create the program.
Please see JOBS, BS
Day labors scramble to accept a job otter from a truck driver.
x
V a.ti.�KL.At. NEFfl,,S1i3ER 19%
JOBS: Day Laborer Plan Adopted
Continued from B1
"There will be no negative im.
pact on the day laborers, because
we're not taking anything away
from them—we're giving them an
improved method of seeking em-
ployment. And the day laborers
themselves have been begging us
to do something like this for a long
time," Ruiz said.
Late this month, construction
will begin on the hiring facility,
located on a leased space on San
Fernando Road, across the street
from a Home Depot store. The
center will be a simple, open-air
structure with a shaded area and
chairs for the waiting men, with
drinking fountains and a restroom.
Though details have yet to be
worked out, city officials say they
envision a lottery system for doling
out jobs. There will be two labor
Pools—one for general workers
and another for those with plumb-
ing, tiling, roofing and other spe-
cialty skills.
Free classes in English and other
job-related skills are planned
for the men as they wait for work.
The operation will be run by two
workers from a local charity.
Meanwhile, the city's new "anti -
solicitation ordinance;' as it is
called, takes effect Sept. 27. Police
anticipate an "educational period"
of about six weeks while the center
is under construction, during
which they will spend time inform-
ing the laborers and those hiring
them about the new law, and
issuing warnings to those who
continue to break it. Once the
center opens, hiring day laborers
on the street will become a misde-
meanor, punishable by fines of up
to $500 or six months jail time.
"Right now, I can't make enough
money to live in this way," said
Edgardo Ugalde, 27, an immigrant
from San Luis Potosi, Mexico, who
was soliciting work near Home
Depot last week, "I can do any kind
of work, but the big guys always
get picked first because they look
stronger. Sometimes I Just stand
here all day, and nothing.
"If they make it so it's easier to
get work, I would try it. I think a
lot of guys would try it."
Officials have acknowledged
Past difficulty in responding to the
problem.
"You can call the police, but they
can't be there every minute, so
after a while they just come back
and the problems start all over
again;" said City Councilwoman
Mary Ann Plumley, who supported
the ordinance.
Plumley, a Realtor who once had
an office near the corner of Broad-
way and Jackson Street—a popular
meeting point for day laborers for
more than a decade—said although
the day laborers mean no harm, the
problems they create are real.
"When I worked there, I
wouldn't even walk down that
block because it was just very,
very uncomfortable," she said.
"They would loiter there through-
out the day, and they could be very
unruly when a woman walked by.
"What's different now is that
there's going to be a place for [the
day laborers] that will actually
help them find work, rather than
just hanging around. And we have
a law in place that has teeth in it,
that says where they can and
cannot be, and also goes after the
people who hire them."
Hiring centers have existed since
the mid-1980s—the city of Los
Angeles currently has two, in
North Hollywood and Harbor
City—but without legislation forc-
ing the laborers to use the site, the
competition for work keeps men
out on the streets, flagging down
cars.
The first known anti -soliciting
ordinance aimed at policing day
laborers was enacted in the city of
Agoura Hills in 1991. The ACLU
challenged the law, saying it was
racist and restricted the laborers'
rights of free speech and assembly;
but ultimately the law was upheld
in a federal appeals court. Since
then, other communities have fol-
lowed with similar laws, including
a county ordinance to weed out day
laborer problems in Ladera
Heights and La Mirada.
But Agoura Hills officials now
view the ordinance as a paper
tiger, virtually unenforceable due
to the large number of laborers
who continue to gather at various
Vets in the city, and the defiant
people who continue to hire them.
"We're disappointed in the ordi-
nance," said Darlene MCBain, a
former councilwoman who sup-
ported the law. "It certainly hasn't
done a whole loL"
Glendale's two-pronged plan has
drawn widespread support from
area businesses and residents, in-
cluding Home Depot, which has
agreed to donate building materials
for construction of the hiring cen-
ter and money to pay for staffing.
85
The city has committed about-
$75,000 toward the construction.
Civil- and immigrants -rights
groups that have in the past rushed
to the defense of day laborers
raised no objections as the plan
glided through bureaucratic chan-
nels in recent weeks.
.Robin Toms, an attorney who
has worked with the ACLU on
issues affecting day laborers, said
he is "cautiously optimistic" that
Glendale's approach will yield
Positive results.
"There is tremendous value to
the approach of using hiring facili-
ties. That gives [the laborers] a
chance to provide for themselves
and their families," Toma said. "I
think there is reason for concern
because this approach is coupled
with an anti -solicitation ordinance,
which is usually just a politically
expedient means to outlaw the day
laborers' emstence, and it rarely
works. We'll have to see what
develops there." '
Backers of the plan say the
hiring center will provide informa-
tion on taxation and workers' com-
pensation to both the laborers and
the contractors. But the issue of
taxes will likely take a backseat to
the larger issue of managing a
problem that has been allowed to
grow unchecked for years.
"The reality is that the com-
plaints from the community about
this problem are massive," said
Officer Ron Gillman. "The most
important thing here is that we
have a problem, and we want to
control it"
illman said he hopes the new
Program dispels some of the
community's animosity toward the
laborers, which he believes is both
racially motivated and based on
misperceptions.
While most people assume the
laborers are "illegal aliens and
"criminals," he said, at least three
studies—two by the city of Los
Angeles and a third by Glendale—
have shown that 75% or more are
legal residents with work papers.
"When I first heard that, I didn't
buy it," Gillman said. "But once I
started interviewing the laborers
as we started researching this
issue, I discovered that many of
them speak English.
"Many of them were laid -off
from construction companies or
other jobs, and a lot of them have
their green cards. They're just
trying to get by."
Santa Clarita Animal Hospital
Valencia Veterinary Group
24899 San Fernando Road
Santa Clarita, CA, 91321
(805) 255-6483
9-17-96
City of Santa Clarita
23920 Valencia Blvd. Suite #300
Santa Clarita, Ca. 91355
Dear Mr. Tonian,
I would like to bring to your attention what the City of Glendale is doing with
regards to the issues of "Day Laborers."
The City is currently attempting to find a central location on which they will
errect a structure, providing bathroom facilities, benches, and cover from the
elements. It is my understanding that the City of Glendale will then establish
an ordinance stating that any persons soliciting day work in any area other
than provided by the City, will in effect be in violation, and will be dealt with
accordingly.
To the best of my knowledge, there has been no legal objections to this
proposal.
Our business is directly affected by the "Day Laborers" that congregate around
our building. We have in the past, and continue to loose clients that are afraid
of being harassed by said individuals. I personally have had to put up with the
degrating "cat calls" and whistles. We also have an on-going trash problem.
Alcohol containers and empty food containers are continually discarded on the
premises. Lately there has been a concern for public health. Several times our
employees have observed them urinating in shrubs that are around our
property.
The City of Santa Clarita has "discussed" the issues relating to the "Day
Laborers" for a number of years. It is time to stop the discussions and act on
this issue.
Our office will support any effort made by the City Council to help eliminate
this growing nuisance.
Sincerely,
9Janette Beltran
Office Manager