CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
9/9/2024
1 SUBJECT:
Response to San Mateo County Civil Grand Jury Report Titled “Restaurant Exteriors: The Neglected Space”
RECOMMENDED ACTION:
Move to approve the response to San Mateo County Civil Grand Jury Report Titled “Restaurant Exteriors: The Neglected Space.”
STAFF CONTACT:
Stefanie Cervantes, Acting Community Development Deputy Director (650) 738-7341
[email protected] <mailto:[email protected]> BACKGROUND/DISCUSSION:
Early in California’s history, the California Constitution established grand juries in each county.
The California Penal Code provides for the formation of civil grand juries and their powers and duties. With respect to public agencies, grand juries are authorized to “Investigate and report upon the operations, accounts and records of the officers, departments, functions, and the method or systems of performing the duties of any such city or joint powers agency and make such recommendations as it may deem proper and fit.” California Penal Code § 925(a). Within 90 days after the Grand Jury submits a report regarding the operations of any public agency, the “Governing body of the public agency shall comment to the presiding judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body…” California Penal Code § 933(c).
On July 9, 2024, the San Mateo County Civil Grand Jury issued a report titled “Restaurant Exteriors: The Neglected Space” (Attachment A). The Civil Grand Jury report states that restaurant garbage and food waste is not always contained in designated exterior bins, and may overflow, attracting animals and other undesirable pests. While restaurant interiors are subject to County of San Mateo Health System standards and inspections, restaurant exteriors are subject to a variety of standards and inspection programs due to each jurisdiction having its own regulations for sanitation and safety for exteriors. Generally, inspections are done when complaints are received. The extent of issues varies based on the municipality, day of the week due to garbage collection days, and whether the back of the building is visible to the public.
The report presents numerous examples of restaurant exterior waste storage areas and areas below parklets in deficient, unsanitary, unsightly, and other conditions. The investigation found the standards for these areas to be inconsistent, and in some cases non-existent, with County and City policies. The Civil Grand Jury includes recommendations for a proactive approach to handling garbage and parklet sanitation problems around restaurant exteriors and suggests approaches to preventative maintenance.
Pacifica City Council 2
September 09, 2024
Response to Civil Grand Jury Findings:
The response to the Civil Grand Jury report is due by October 7, 2024. The City’s response to the Civil Grand Jury report’s findings and recommendations are set forth in the draft response letter included as Attachment B. The City’s Community Development and Public Works Departments have collaborated along with EOA, Inc., the City’s contracted C.4 Stormwater Business Inspectors, to the City of Pacifica and San Mateo Countywide Water Pollution Prevention Program’s standards, which are reflected throughout the City’s responses.
ALTERNATIVE ACTION:
Decline to accept the draft response to the San Mateo Civil Grand Jury and provide additional direction to staff.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Approval of the response is consistent with the following Council-adopted Goal:
• Goal 2: Improve and steward City infrastructure, streets and facilities.
FISCAL IMPACT:
The fiscal impact of accepting this report and implementing the recommendations are minimal and can be addressed within budgeted resources.
ORIGINATED BY:
Planning Department
ATTACHMENT LIST:
Attachment A - Grand Jury Report on Restaurant Exteriors (PDF) Attachment B - Draft Responses to Civil Grand Jury Report(DOCX)