September 4, 2024
Hon. Amarra A. Lee
Judge of the Superior Court
c/o Bianca Fasuescu
Hall of Justice
400 County Center, 2nd Floor
Redwood City, CA 94063-1655
Dear Judge Lee,
Subject: Response to Grand Jury Report: "Restaurant Exteriors: The Neglected Space" The City of Foster City has reviewed the Grand Jury Report released on July 9, 2024, regarding the condition of restaurant exteriors. We appreciate the findings and recommendations outlined in the report.
Finding:
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.
Response: The City of Foster City agrees with the findings.
F2: Sanitary conditions of parklets fall outside of current inspections by the County Health Department or Vector Control.
Response: The City of Foster City agrees with the findings. However, we would like to note that there are currently no parklets in Foster City.
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.
Response: The City of Foster City partially disagrees with Finding 3, because the City of Foster City takes a proactive inspection approach to ensure exterior areas used for waste storage and disposal are maintained in a sanitary condition consistently.
F4: Most restaurant exterior areas are “out of sight” of the public and as a result complaints are less frequent.
The City of Foster City partially disagrees with the findings. There are a few restaurants that include exterior areas used for waste storage and disposal which are not primarily out of sight. As noted earlier, City of Foster City takes a proactive inspection approach to ensure exterior areas used for waste storage and disposal are maintained in a sanitary condition consistently. Occasionally, staff receives complaints regarding garbage overflow or spill, and is able to work with the restaurant owners and/or property managers to rectify the issue.
F5. Because they lack oversight, unacceptable conditions in restaurant trash areas are likely not to be rectified.
Response: The City of Foster City partially disagrees with Finding 5. While acknowledging that the report highlights a lack of oversight leading to unaddressed unacceptable conditions in restaurant trash areas in some jurisdictions, Foster City Municipal C ode Chapter 8.07 Storage and Disposal of Solid Wastes and Recyclable Materials, and Chapter
9.52 Property Maintenance, provide the City staff with oversight and the authority to rectify these issues.
F6. Waste water from the cleaning of trash areas and from rain flow into the storm drain systems.
Response: The City of Foster City partially disagrees with Finding 6. While acknowledging that the report indicates wastewater from cleaning trash areas and rainwater can flow into storm drain systems in some jurisdictions, the City enforces C.3 requirements through the permitting process to prevent such occurrences. These requirements include:
• Provide a roofed and enclosed area for dumpsters, recycling containers, etc., designed to prevent stormwater run-on and runoff.
• Connect any drains in or beneath dumpsters, compactors, and tallow bin areas serving food service facilities to the sanitary sewer.
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.
Response: The City of Foster City agrees with the findings. However, we would like to note that there are currently no parklets in Foster City.
Recommendation:
Recommendation 4 has been implemented with the provision in the Foster City Municipal Code.
Section 8.07.100 Requirements for commercial businesses, the code states:
City shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the city.
This response was approved by the Foster City City Council during a public meeting held on September 3, 2024.
Please let us know if there are any further details required or if additional clarification is needed.
Sincerely,
Stefan Chatwin
City Manager
City of Foster City
[email protected]
CC: [email protected]
Enclosures:
• September 3, 2024, Approved Minutes