Item No. 10
Town of Atherton
CITY COUNCIL STAFF REPORT- REGULAR AGENDA
TO: HONORABLE MAYOR and CITY COUNCIL
FROM: GEORGE RODERICKS, CITY MANAGER
BRITTANY BENDIX, TOWN PLANNER
DATE: SEPTEMBER 18, 2024
SUBJECT: REVIEW AND APPROVE RESPONSE TO GRAND JURY REPORT:
“RESTAURANT EXTERIORS: THE NEGLECTED SPACE”
RECOMMENDATION
Staff recommends to approve the Town of Atherton’s Response Letter to the San Mateo County Civil Grand Jury Report entitled “Restaurant Exteriors: the Neglected Space” and authorize the Mayor to execute the letter response.
BACKGROUND
On July 9, 2024 the San Mateo County Civil Grand Jury released a Report entitled “Restaurant Exteriors; The Neglected Space” (Attachment 1). The purpose of the Report is to address issues related to exterior trash areas of food service businesses that are often unsightly and unsanitary, and to offer recommendations that offer a more proactive approach to handling the garbage and parklet sanitation problems associated with restaurant exteriors in San Mateo County, while offering suggestions for preventative maintenance. California Penal Code Section 933.05 requires any agency that is the subject of a Grand Jury Report to reply in writing and to consider such a reply at a public hearing.
Within the Report, the Grand Jury developed seven findings and four recommendations requesting response applicable to all jurisdictions in San Mateo County, including the Town of Atherton. The findings and recommendations are listed below. The Town is required to respond to all seven findings (#F1 through #F7) and only one recommendation (# R4).
Findings (All Findings F1 – F7, Required for Response):
F1: Sanitary conditions of the exterior of restaurant facilities fall outside current inspections of the County Health Department. The varying unsatisfactory conditions in the waste removal areas of the facilities shows something is lacking in the regulatory process.
F2: Sanitary conditions of parklets fall outside of current inspections by the County Health September 18, 2024
Item No. XXX, Town of Atherton Town Council
2 Department or Vector Control.
F3: Sanitary conditions of exterior areas used for waste storage and disposal fall outside current inspections by local jurisdictions; local jurisdictions are, by and large, only reactive to an actual complaint.
F4: Most restaurant exterior areas are “out of sight” of the public and as a result complaints are less frequent.
F5. Because they lack oversight, unacceptable conditions in restaurant trash areas are likely not to be rectified.
F6. Waste water from the cleaning of trash areas and from rain flow into the storm drain systems.
F7. Effective inspection of parklet sanitation can be severely hampered by closed skirting and lack of under floor access. Spacing between planking and lack of solid flooring can lead to accumulation of organic debris and possible infestation by vermin.
Recommendations (Only Recommendation #R4, Required for Response) Per Grand Jury Report Instructions, the Councils of all 20 cities and towns in the County are to respond to Findings F1 – F6, and Recommendation R4. The San Mateo County Board of Supervisors are to respond to all Findings and Recommendations.
R1. By June 30, 2025, the County should amend its Food Facility Checklist to include the condition of trash area flooring, bins, dumpsters and enclosures, and note any needed repair, replacement or cleaning.
R2. By June 30, 2025, the County should amend its Food Facility Checklist to include the entire exterior waste storage area, retention areas and parklets, including flooring and under floor areas.
R3. By June 30, 2025, the County should require operators/owners of restaurants to have a written diagram of their approved waste storage/retention area posted so the inspector can evaluate the condition of the facilities.
R4. By June 30, 2025, inspectors for all jurisdictions with restaurants should be empowered to require owners/operators to add receptacles or increase the frequency of pick-ups.
The Grand Jury is not able to recommend changes to building codes or planning criteria to cities or the County. The Town’s responses to each finding and recommendation are due to the Grand Jury no later than ninety days following the issuance of the Report, with the Town’s response due no later than October 7, 2024.
FINDINGS | ANALYSIS:
Staff has reviewed the findings and recommendations and has prepared a response letter for Council approval attached to this report (Attachment 2). While public and private institutions (including the various elementary schools, Menlo-Atherton High School, Menlo School, Menlo September 18, 2024
Item No. XXX, Town of Atherton Town Council
3 College, and Menlo Circus Club) in the Town may have dining rooms and cafeterias available for their students/members, the Mademoiselle Collette Cafe at the Town Library is the Town’s only public-facing food service restaurant. Food and baked goods at Mademoiselle Collette Café are not cooked or prepared on site, and waste disposal is managed by the Public Works Department and is shared with the Town Center. In this way, staff has largely concluded that the Town does not agree or disagree with the various required findings and will not be implementing the recommendation related to requiring owners/operators to add receptacles or increasing the frequency of pick-ups.
POLICY FOCUS
The Grand Jury requires that the Town respond to the findings and recommendations in the report.
Staff has provided responses for the City Council’s consideration.
FISCAL IMPACT
There is no fiscal impact associated with this agenda item.
PUBLIC NOTIFICATION
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders – to include, but be not limited to, media outlets, school districts, Menlo Park Fire District, service provides (water, power, and sewer), and regional elected officials. To date, the Town has no received comments from the public.
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item ____ has or __X___ has not been before a Town Committee or Commission. ____ Audit/Finance Committee (meets every other month)
____ Bicycle/Pedestrian Committee (meets as needed)
____ Civic Center Advisory Committee (meets as needed)
____ Environmental Programs Committee (meets every other month) ____ Park and Recreation Committee (meets each month)
____ Planning Commission (meets each month)
____ Rail Committee (meets every other month)
____ Transportation Committee (meets every other month)
ATTACHMENT
1: San Mateo County Grand Jury Report, “Restaurant Exteriors: the Neglected Space” 2: Response to San Mateo County Grand Jury Report “ Restaurant Exteriors: the Neglected Space”