CITY OF PACIFICA
170 Santa Maria Ave. • Pacifica, California 94044
www.cityofpacifica.org
MAYOR
Sue Vaterlaus
MAYOR PRO TEM
Sue Beckmeyer
COUNCIL
Mary Bier
Tygarjas Bigstyck
Christine Boles
Scenic Pacifica
Incorporated Nov. 22, 1957
September 9, 2024
The Honorable 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
Subject: City of Pacifica’s response to the San Mateo County Civil Grand Jury Report – “Restaurant Exteriors: The Neglected Space.”
Dear Judge Lee and Members of the Grand Jury:
Thank you for the opportunity to review and comment on the above-referenced Civil Grand Jury report filed on July 9, 2024. Pursuant to Penal Code § 933(c), the City of Pacifica’s(“City”) response to the several findings and recommendations contained in the report are provided below. The Pacifica City Council reviewed and approved the responses at a public meeting on September 9, 2024.
Responses to Civil Grand Jury Findings:
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 to F1. The City agrees with the finding. The San Mateo County Health System Food Facility Checklist provided as Appendix D in the Grand Jury report does not include criteria to evaluate exterior areas during routine inspections.
F2. Sanitary conditions of parklets fall outside of current inspections by the County Health Department or Vector Control.
Response to F2. The City agrees with this finding. The San Mateo County Health System Food Facility Checklist does not include criteria for evaluating sanitary conditions for parklets.
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.
City of Pacifica’s response to the San Mateo County Civil Grand Jury Report – “Restaurant Exteriors: The Neglected Space” | September 9, 2024
2 Response to F3. The City partially agrees with this finding. California Regional Water Quality Control Board – San Francisco Bay Region Municipal Regional Stormwater NPDES Permit requires the City to implement an Industrial and Commercial Business Inspection Plan pursuant to Provision C.4.b. The City contracts EOA, Inc. to implement the City’s Business Inspection Plan.
All food facilities, which include restaurants, food service facilities, and mobile food trucks, are inspected once every two years by EOA, Inc. for compliance with San Mateo Countywide Water Pollution Prevention Program (SMCWPPP). EOA, Inc. conducts inspections in accordance with the SMCWPPP Inspection Report Form and schedules follow up inspections if found noncompliant. EOA, Inc. refers to the City for further enforcement action if the business issues with stormwater compliance persist.
The City’s Wastewater Division conducts yearly inspections of all restaurant exteriors, including additional inspections for sites found out of compliance with the Wastewater Division’s Food Service Establishment Report. Inspection criteria includes confirming the grease removal equipment, or interceptors, are easily accessible, settleable solids within the interceptors do not exceed 25%, and grease removal equipment record keeping.
F4. Most restaurant exterior areas are “out of sight” of the public and as a result complaints are less frequent.
Response to F4. The City partially agrees with this finding. Most of the shopping centers restrict public access to the exterior areas of the buildings. The City has few standalone restaurants that maintain individual exterior trash areas (i.e. trash enclosures), most of which are “out of sight.” The City receives few complaints for exterior areas City-wide. The few complaints that the City receives are for locations visible to the public. City staff has found that restaurant exterior areas, even those “out of sight,” are generally compliant and well maintained.
F5. Because they lack oversight, unacceptable conditions in restaurant trash areas are likely not to be rectified.
Response to F5. The City disagrees with this finding. The City’s Code Enforcement Division routinely conducts weekly to biweekly drive-by site inspections to evaluate the exterior conditions of shopping malls and commercial sites. Code Enforcement works closely with Recology of the Coast, the Merchant Association President, and restaurant owners and managers to address issues or concerns regarding proper and timely garbage removal seeking voluntary compliance. Code Enforcement issues verbal warnings to business owners, providing them an opportunity for corrective action prior to an issue of a Notice of Violation (NOV).
The Code Enforcement Division accepts Complaint Referral and Resolution Worksheets from members of the public reporting violations such as unacceptable conditions of trash. Code Enforcement follows the proper corrective action for the issue.
F6. Waste water from the cleaning of trash areas and from rain flow into the storm drain systems.
Response to F6. The City partially agrees with this finding. Newer shopping centers and commercial areas within the City provide restaurants with trash areas that drain directly into the wastewater system. These trash areas often do not exist for older shopping centers.
City of Pacifica’s response to the San Mateo County Civil Grand Jury Report – “Restaurant Exteriors: The Neglected Space” | September 9, 2024
3 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 to F7. Not applicable: The City of Pacifica is not named in this finding and therefore has no comment.
Responses to Civil Grand Jury Recommendations:
R1. By June 25, 2025, the County should amend its Food Facility Checklist to include the condition of trash area flooring, bins, and dumpsters and enclosures, and note any needed repair, replacement or cleaning.
Response to R1. Not applicable: The City of Pacifica is not named in this recommendation and therefore has no comment.
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 underfloor areas.
Response to R2. Not applicable: The City of Pacifica is not named in this recommendation and therefore has no comment.
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.
Response to R3. Not applicable: The City of Pacifica is not named in this recommendation and therefore has no comment.
R4. By June 30, 2025, inspectors for all jurisdictions with restaurants should be empowered to require owners/operators to add receptacles or increased the frequency of pick-ups.
Response to R4. This recommendation has yet to be implemented and will be implemented in the future. As mentioned in the City’s response to Finding 4, the Manor Shopping Center is one of the only commercial areas with reoccurring unacceptable restaurant trash conditions. The smaller businesses operating within the Manor Shopping Center have at least one to two trash pickups a week scheduled with Recology. Depending on the merchant or need, some sites have up to four pickups a week.
The City requires every business to subscribe to a garbage collection service, pursuant to Pacifica Municipal Code (PMC) section 6-5.103. The City’s current Garbage Collection ordinance allows for the size, design, and weight of the garbage containers as provided by the franchise agreement between the City and Recology of the Coast, pursuant to PMC section 6-5.104. All garbage containers must be collected by Recology of the Coast at least once a week pursuant to PMC section 6-5.105. The current ordinance does not allow the City the authorization to regulate the size and quantity of garbage containers or to regulate the frequency of pickups beyond once a week.
City of Pacifica’s response to the San Mateo County Civil Grand Jury Report – “Restaurant Exteriors: The Neglected Space” | September 9, 2024
4 Required Action: By June, 30, 2025, the City shall amend PMC section 6-5.104 to allow the City to require sites to increase the number of garbage containers and amend PMC section 6-5.105 to allow the City to require sites to increase the frequency of pickups, identified as insufficient by the City.
Sincerely,
KEVIN WOODHOUSE
City Manager
cc: Pacifica City Council