COUNTY OF SAN MATEO

Inter-Departmental Correspondence

DATE:

April 19, 2006

BOARD MEETING DATE:

May 9, 2006

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Supervisor Rose Jacobs Gibson

Don Horsley, Sheriff

SUBJECT:

Ordinance Adding Chapter 7.110 to Title 7, Regulating Solicitation in Roadways, and Chapter 3.82 to Title 3, Prohibiting Trespassing on Private Property.

RECOMMENDATION:

Adopt an ordinance amending the San Mateo County Ordinance Code by adding:

1)

Chapter 7.110 to Title 7, regulating solicitation in roadways; and

2)

Chapter 3.82 to Title 3, prohibiting trespassing on private property.

VISION ALIGNMENT:

Commitment: Ensure basic health and safety for all.

Goal 7: Maintain and enhance the public safety of all residents and visitors.

Amending the ordinance code will address the adverse effects caused by persons soliciting day work on County roadways, thus eliminating safety hazards and enhancing public safety.

PERFORMANCE MEASURES:

Performance measures related to the proposed Ordinance will be developed in conjunction with the Day Worker Task Force and the new Day Worker services provider, following sufficient time to gain experience with the impact of the new Ordinance in addressing traffic and congestion issues in the community, as well as the code enforcement workload impact for the Sheriff’s Office.

BACKGROUND:

Day workers creating traffic hazards on County roadways in the North Fair Oaks commercial business area has been an on-going issue for the community. Safety and traffic congestion concerns have been raised with the Sheriff’s Office and the Board of Supervisors from the North Fair Oaks Merchants Association; the Chamber of Commerce; the North Fair Oaks Advisory Committee; and many community residents, as well as some of the day workers themselves. A County Day Worker Task Force was established in early 2005 to seek solutions to the many day worker-related issues.

On May 2, 2005, the County of San Mateo, in partnership with a community-based non-profit organization, opened a day worker center, located on Middlefield Road in Redwood City, with a temporary services provider. Through a just-completed Request For Proposals process, a permanent day worker services provider has been selected, with the proposed Agreement coming before your Board concurrently with this Ordinance. The Task Force also solicited feedback from the various stakeholders through mail surveys and focus groups.

One issue that came to the forefront from the input received by the Task Force, was the need for a formal Ordinance to assist in enforcement of traffic safety and congestion issues in public roadways, and to assist local merchants who do not want trespassers in their parking lots or private property.

DISCUSSION:

The purpose of the proposed Ordinance is to address the adverse effects caused by persons going onto busy streets to solicit day work, and create a safer environment for day workers, their employers, motorists, shoppers, and community residents. Day work solicitation activity has brought increased traffic to already congested commercial areas, causing drivers along these streets to be distracted and resulting in vehicles making unsafe stops so the vehicle driver or occupant can discuss employment with workers. Workers also come out into the roadway to solicit employment, creating safety hazards to themselves and the motoring public. The prohibitions enacted in the ordinance are intended to eliminate these safety hazards.

Additionally, the Ordinance provides a process for owners, owner’s agents, or lessees of private property or businesses to clearly post “no trespassing” signs on their premises, and to make a written request for the assistance of a Sheriff’s Deputy to remove persons who are trespassing. Those trespassers may create an impedance to the flow of commerce, safety hazards for drivers in parking lots, or other undesired impacts. A written request made under the provisions of the Ordinance is valid for one year.

It should be emphasized that the proposed Ordinance is one piece of a larger strategy to address the issue of day workers in a comprehensive way that preserves the rights of workers, employers, property owners, businesspersons, and residents. The Ordinance is intended to work in support of the new services provider’s outreach efforts and activities.

The addition of Chapter 7.110, regulating solicitation in roadways and Chapter 3.82, prohibiting trespassing on private property, requires an amendment to titles 7 and 3 of the San Mateo County Ordinance Code.

FISCAL IMPACT:

There is no direct fiscal impact. The overall workload impact on Sheriff’s Deputies and Community Service Officers working in the North Fair Oaks area is not known at this time. Workload issues, and the effectiveness of the Ordinance itself, will be assessed over the first twelve months of implementation, and an interim report will be provided to the Day Worker Task Force and the County Manager’s Office during that period.