Loading...
HomeMy WebLinkAboutSPCC Minutes 1994-02-10 - 7:30SRCC MINUTES (Special) 2/10/94 Page 1 IN COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, THURSDAY, FEBRUARY 10, 1994, AT 7:30 PM Special Meeting: Mayor San Rafael City Council Councilmember Councilmember Present: Albert J. Boro, Paul M. Cohen, Barbara Heller, Councilmember Joan Thayer, Councilmember David J. Zappetini, Also Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk I.CONSIDERATION OF DAY LABORER JOB CENTER (CM) - File 231 x 9-2-43 x 218 x 9-3-11 Assistant City Manager Suzanne Golt gave an overview of the staff report, giving a history of the proposed job center and stated that in June, 1993, the City Council put the day laborer job center on hold in order to monitor the INS (Immigration and Naturalization Service) level of activity in San Rafael for six months. It was felt at that time that if the INS maintained its increased level of activity, the need for the job center would diminish. Since that time, the INS has not maintained a sufficient level of activity in San Rafael. Ms. Golt also stated that SB 733 became effective on January 1, 1994, which requires providers of employment services to screen users for documentation on the right to work in this country. She noted that the original purpose for San Rafael's involve- ment in the job center was to relocate the workers, many of whom were estimated to be undocumented immigrants. Ms. Golt stated that to open the job center now as proposed would expose the City to a probable lawsuit and to open a job center for documented workers only would be a duplication of services already being provided by other agencies. Ms. Golt explained it was staff's recommendation to not adopt an anti - solicitation ordinance, stating it would be a waste of the taxpayer's money since there would no doubt be an injunction against implementing such an ordinance. She noted that the Agoura Hills anti -solicitation ordinance Appeal Case is still pending. Because of the developments since June, 1993, Ms. Golt stated it is staff's recommen- dation that the Council drop the idea of the job center, that an anti -solicitation ordinance not be adopted, that other appropriate agencies such as the Employment Development Department (EDD) be used by immigrants and employers and recommended that citizens who are concerned about immigration problems contact their State and Federal representatives. Ms. Golt stated that City representatives have met with Thomas Nagle, Director of the EDD to discuss how to better inform workers and employers about their casual labor program. Ms. Golt emphasized that immigration is a Federal issue, and local govern- ments have very little authority. Christine Barsocchini. Acting Manager of the San Rafael Employment Development Department (EDD), explained their program, policies and procedures. She noted they are involved in unemployment, disability insurance, and job training partnership programs which includes training. EDD is also involved with labor market information; they are developing networks to disseminate information to employers and the community on what the jobs will be in the future, what occupations are hiring. Ms. Barsocchini stated that the Tax Office collects unemployment insurance, disability insurance and personal income tax for the State of California. She stated the Job Service has six full- time employees who assess people when they come in, register them for work, entering them into the computer and connecting them with employers. They also have Youth Employment Programs. Ms. Barsocchini stated the goal of the EDD is to place people in permanent employment and to get people to community agencies to help them get training for SRCC MINUTES (Special) 2/10/94 Page 1 Page 2 permanent employment. She stated they are required to see someone's providing any services. SRCC MINUTES (Special) 2/10/94 that since the enactment of SB 733, right-to-work documents prior to Ms. Barsocchini explained the Casual Labor System where employers call in for day-to-day workers, then they are matched with workers who call in each morning expressing a desire to work and leaving their name and number on a recorder. She stated there are draft copies of flyers which will be disseminated to laborers on the street explain- ing EDD. The flyer will be printed in English and Spanish. There is also a flyer for employers explaining EDD services. She also informed the Council that they have a Spanish interpreter available at 1:00 PM on Thursdays. Ms_ Rarsccchiai also discussed the underground economy, noting the strike force of the underground economy met on January 13, 1994 and were directed to come up with a strategic plan by the beginning of March and see what they can do about collecting the $3 billion worth of taxes that are not being paid by employers. They are hoping to increase the penalties and fines against employers when they are discovered to be eluding the tax structure. Ms. Barsocchini stated the strike force is comprised of the State Board of Equalization, the Department of Industrial Relations, EDD, Depart- ment of Consumer Affairs, the Franchise Tax Board and the Office of Criminal Justice. Mayor Boro stated he was pleased that EDD has already begun the outreach. However, he said one of the concerns is that with the number of people looking for work, that it might not be convenient for the worker to call in each morning. He suggested EDD look at alternative ways of getting workers and employers together. Ms. Barsocchini stated they were willing to be open longer hours or stationing some- one at another facility; however, they could not set something up in the parking lot because that has to do with the landlord and it would not be allowed. Councilmember Thayer stated she thought that EDD has always had to check right-to-work documents. Ms. Barsocchini answered that it was only required about five years ago when INS legislation was passed that employers had to verify documents. For about eight months, EDD did check, but then verification was stopped. Now with SB 733 they must again verify documents. Councilmember Heller asked how many people work for the Casual Labor Program and is EDD being under-utilized? Ms. Barsocchini answered that they get 5-20 orders for jobs per week, therefore, it is under- utilized. She stated that the number of people looking for work and the number looking for employees matches well. Councilmember Heller also asked if the flyers would only be in English and Spanish or were there plans for other languages as well? Ms. Barsocchini stated that as the need arises, they could do other languages. Councilmember Zappetini stated that many of the contractors hiring day laborers are not prepared or plan far enough ahead to call. He asked what is being done for the contractor or other employer who needs to hire someone on the spur of the moment. Ms. Barsocchini stated they often do not get much lead time and prefer a day or two notice. However, if someone is needed immediately, they can sometimes get a person within an hour. Mr. Zappetini also asked how the documents are verified. Ms. Barsocchini answered that when a person arrives, they complete an application, put it in a basket on the counter, and as their turn comes up, the first thing the counselor asks is to see the right-to-work documentation before anything is put into the computer. If the person has no documents, the application is put into a suspense file for 30 days awaiting the person to return with the documents. She stated the documents required are an identity document such as a driver's license, and also a right-to-work document such as a social security card, birth certificate, passport, etc. Councilmember Cohen stated he was also pleased to see that progress has already been made on publicizing EDD, noting that it is clearly under- utilized because people are not aware of the services and because of the growth of the underground economy in California and the issue of SRCC MINUTES (Special) 2/10/94 Page 2 SRCC MINUTES (Special) 2/10/94 Page 3 immigration. Mr. Cohen stated there is a problem with a phone -based approached, and one of the reasons people are gathering on the streets is that it is more convenient. He encouraged more discussion about whether there would be a way to accommodate a State-sponsored referral service for documented workers. Ms. Barsocchini stated they did not want to encourage people to just hang out or they would not use the EDD services. Mr. Cohen stated a major portion of the responsi- bility is on the employer to comply with the law, and community pressure to that end and increased enforcement may contribute to people making more use of EDD services, but it must be marketed in a way that will be convenient for the employers. Ms. Barsocchini suggested a survey of employers, and Mr. Cohen agreed. Councilmember Cohen questioned having a Spanish interpreter available only at 1:00 p.m. on Thursdays and wondered if there was more of a demand than that. Ms. Barsocchini stated they did not have enough bilingual staff but were in the process of hiring and would hire bilingual people, if possible. Mayor Boro re-emphasized educating the employers and noted it is important for EDD to reach out to the employers as well as the laborers. The Chamber of Commerce and the Builders Exchange have both expressed a willingness to work with EDD. Mayor Boro stated that we will put the homeowners' groups in touch with Ms. Barsocchini to get the word out to the community. Mayor Boro then opened up the meeting for anyone who wanted to speak about this issue, giving them three minutes each to do so. The following people spoke in favor of the day laborer job center: Frances Stedman, the Marin Interfaith Task Force on Central America Mary Ann Jenson, Immigrant Defense Alliance John Vance, First Amendment Activist Luis Morones, Catholic Charities but speaking as a resident of the Canal Bill Walker, San Rafael small businessman Bob Blumenfeld, Marin Square Shopping Center Joyce Shoen, Revolutionary Worker's League Craig Rigland, resident of the Canal area Tonya Kapner, National Women's Rights Organizing Coalition Richard Marques, Breaking the Borders Coalition Louisa Newcomb, Teacher, San Rafael High School Eva Custofillo, Immigrant Defense Alliance, speaking as a citizen Nick Johnson, Revolutionary Worker Newspaper Bob Donally, President of Students for Social Responsibility, College of Marin Dorothy Vesecky, resident of 400 Canal Street Manuel Castro Daniel Solnit, San Rafael resident Olivia Beltran Jesus Campos, California Teacher Honoree for 1993 Patricia Pacheco Tom Wilson, Executive Director, Canal Community Alliance The following people spoke against having a day laborer job center: Stan Hess, Immigration Reform Activist and member of MIGRA Hugo Landecker, San Rafael resident Janise Harmon, President, Canal Area Property and Business Owner's Association Jim Mahoney, 35 year resident of San Rafael and a San Rafael businessman for 30 years Mayor Boro asked if other job centers in the State have remained open in light of SB 733? Assistant City Manager Golt stated that the Brea Job Center remains open. The City of Brea had an ongoing relationship with the Regional Occupational Program (ROP). They had job training programs that were conducted either at the job center or off-site. Brea has come up with the same interpretation of SB 733 as we have, that it does impact job centers such as we had proposed. Consequently, Brea has now transferred their operation of their job center completely to the ROP operation. Ms. Golt stated that school districts are exempt from SB 733, which means school dis- tricts, as members of ROPs, can run employment services. Ms. Golt noted that SRCC MINUTES (Special) 2/10/94 Page 3 SRCC MINUTES (Special) 2/10/94 Page 4 two job centers in Orange County remain open; however, they have altered their procedures and do verify a person's right-to-work prior to providing their services. Mayor Boro asked City Attorney Gary Ragghianti regarding a recent ordinance passed in South Lake Tahoe and its applicability here. Mr. Ragghianti said it is much different from the situation we are involved with. He stated that ordinance was aimed at panhandling from tourists in shopping malls. He noted that their strategy was to cause city staff to approach those who are aggressively panhandling and ask them to accompany staff for the purpose of working. If an individual declines, a citation is issued and the individual is prosecuted by the District Attorney. Mr. Ragghianti stated they have no problem that is remotely identical to the one we are addressing here. Councilmember Cohen stated that he voted against the original proposal to create a City -run job center and noted he takes the underground economy issue very seriously because one of the reasons the City is always strapped for funds is because employers are avoiding taxes in the amount of $3 billion per year. Mr. Cohen stated that in addition to the tax issue, we are also talking about basic workers' rights that have been fought for for many years, and the City - run job center addresses none of those issues. Therefore, Mr. Cohen did not feel it was appropriate for the City to condone illegal activities on the part of employers. He stated that the situation tonight is made worse by the fact that as far as the City operating the job center, it is made more serious by the fact that the State has passed a law that clearly outlaws the City participating in this type of operation. Mr. Cohen re-emphasized that the City Attorney has stated that if we open a job center, we will be violating the law. Councilmember Thayer stated illegal immigration is an enormous problem and a Federal and State problem. She stated that the City does not have any power in this area, and we should not pass any ordinance prohibiting certain types of activities on our streets with police enforcement required. She indicated that to preserve public order, the City devised a four -pronged plan - added police protection, a clean-up plan, removal of abandoned vehicles and the job center. Ms. Thayer stated that unfortunately we made the mistake of calling it a job center instead of a vacant lot with a trailer on it where people were going to conduct their business. Now, because of the Zoe Baird incident and the boat people who came into San Francisco, the community that once supported this is no longer supporting it. Ms. Thayer stated that now, because of the divisiveness of this issue and the hatred in the community, she does not feel a job center would work. Ms. Thayer agreed with Mr. Cohen that by supporting a job center, we would be supporting an underground economy and aiding the giving of jobs to people who are not U.S. citizens. She stated it is up to the Federal authorities to go after employers. Ms. Thayer stated that even though she previously voted for the job center, she can no longer support it because the commu- nity is against it and because there is State law that says it would be subject to challenge. Councilmember Zappetini stated that the problem is due to the employers who are hiring and taking advantage of the people. He feels that EDD is not adequate at this time, but a solution needs to be worked on. Mr. Zappetini stated he has had several conversations with a group who is trying to get funding from United Way to help EDD put in a hiring hall and to help them work out a solution for legal citizens. With that, he stated they are anticipating an anti -solicitation ordinance similar to the one in Orange County. Mr. Zappetini stated that he cannot support a job center at this time. Councilmember Heller stated that she cannot support the job center because it is not a proper function of City government because of SB 733. She stated that we should support and help improve the EDD program. Councilmember Cohen stressed that just because the job center gets voted down, that is no solution, noting the real problem has not been dealt with and that based on a new State law and a change in opinions, it is not appropriate to operate a job center. He stated that we must continue to look for ways to solve this problem and emphasized that not everybody who is opposed to opening a job center or is concerned about the underground economy or the issue of illegal immigration is a racist. However, there are those who are exhibiting a racist attitude and Mr. Cohen said he is compelled to speak out against racism in any form. Mayor Boro stated he had originally been supportive of the job center; it appeared to be a solution to a problem and noted there have been many improvements in safety and clean-up of the Canal area. He stated that with SRCC MINUTES (Special) 2/10/94 Page 4 SRCC MINUTES (Special) 2/10/94 Page 5 the Zoe Baird case, the issue of illegal aliens has come to the forefront. About the time we were proceeding with the job center, the sentiment of the community changed and the INS said their presence would be here on a more regular basis, but that has not happened. Mayor Boro stated tonight on one hand we are being asked to open the job center in spite of SB 733, and on another hand we are being asked to pass an anti -solicitation ordinance knowing the City will be sued and more than likely will lose. Two extreme groups are looking for a win, and there is no win. He stated this is not an issue of what is morally right, but rather we have laws that have been passed in the State, and the City Attorney has said we will be exposing this City to jeopardy if we proceed. Mayor Boro urged the people in the community to start to reach out, to work with EDD. Councilmember Thayer moved and Councilmember Cohen seconded, to accept the staff report and discontinue the job center project. AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None There being no further business, the meeting was adjourned at 9:35 p.m. 1994 JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Special) 2/10/94 Page 5 0