San Mateo County Grand Jury
• 2006-2007
Issue | Background | Findings | Conclusions | Recommendations | Responses | Attachments Summary of Reforms in Atherton
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 4 findings
F1
The Atherton City Council does require the Manager to keep the Council fully informed of all significant matters related to administration and operation of the Town. (Section 2.12.070 of the Atherton Municipal Code). It should be noted that the City Manager did keep the Council informed of issues with the MPFPD as described on above.
Related Recommendations (1)
R1
The Grand Jury recommends that the Atherton Town Council:
Require that the Town Manager keep the Council fully informed about all significant matters related to the administration and operation of the Town. The Council should consider revising the Town Manager’s job description and the Atherton Municipal Code to include this requirement.
F2
As recited above, the practical reality of development in Atherton does not require examination or has not resulted in a "narrow" policy of notifying neighbors of substantial construction projects.
Related Recommendations (1)
R2
The Grand Jury recommends that the Atherton Town Council:
Re-examine the narrow policy of notifying neighbors of proposed substantial construction projects only when the project requires a conditional use permit or a zoning code variance. 7 “Audit Recommendations Phases I, II & III.” by former Acting Building Official to City Manager, March 8, 2007. 8
F3
As described above, the new computerized system being installed in the Building Department will implement procedures for documenting citizens' complaints, actions taken to investigate and resolve them, and documentation of the Town's response.
Related Recommendations (1)
R3
The Grand Jury recommends that the Atherton Town Council:
Direct the Town Manager to implement a formal, written procedure for documenting a citizen’s complaint, the actions taken to investigate and resolve the complaint, and the Town’s response to the complainant.
F4
The community is being informed of the measures which have been implemented to remediate Building Department problems. This letter has been reviewed and discussed at a public meeting of the City Council on September 19, 2007. Very truly yours, MARC G. HYNES City Attorney, Town of Atherton MGH:cwb cc: Mayor and City Councilmembers, Town of Atherton John C. Fitton, Court Executive Officer [email protected] Michael Murphy, Chief Deputy County Counsel Acting City Clerk Interim City Manager Hon. John L. Grandsaert Judge of the Superior Court 9/25/2007 John C. Fitton, Chief Executive Officer Superior Court of San Mateo County 400 County Center Redwood City, CA 94063-1655 Michael P. Murphy, Chief Deputy County Counsel County of San Mateo Hall of Justice and Records 6th Floor 400 County Center Redwood City, CA 94063-1662
Related Recommendations (1)
R4
The Grand Jury recommends that the Atherton Town Council:
Direct the Town Manager to inform the community of measures that have been and are being implemented to remediate the Building Department problems. Town of Atherton 91 Ashfield Road Atherton, California 94027 Phone: (650) 752-0500 Fax: (650) 688-6528 ________________________________________________________________________________________________________ September 20, 2007 Hon. John L. Grandsaert Judge of the Superior Court County of San Mateo 400 County Center Redwood City, CA 94063-1655 Re: Response to Grand Jury Report Reforms in Atherton Building Department Putting the Building Department Back on the Tracks Dear Judge Grandsaert: This letter responds to the report of the San Mateo County Civil Grand Jury entitled: Summary of Reforms in Atherton Building Department and Putting the Building Department Back on the Tracks. The Town appreciates the statement in the report that the Grand Jury recognizes the substantial progress which the Town has made to correct deficiencies in the Building Department. This includes: • acquisition of a modern computerized permit tracking system (capable of tracking citizen complaints); • assignment of the responsibility for review of excavation and grading to the Public Works Department; • preparation and implementation of a Building Department Policy and Procedure Manual; • retention of an outside firm which has reviewed and is preparing recommendations for revisions to the Town Zoning Ordinance; • retention of a contract planner who will report directly to the City Manager, hiring a new permit technician to process routine building permit applications; • pursuing the process of hiring a senior building inspector; Hon. John L. Grandsaert Judge of the Superior Court 9/25/2007 • retention of the services of a contract code enforcement officer who has created a mechanism for documenting complaints of zoning ordinance violations and the response to such complaints; • revising the ordinance regarding fire sprinklers to require fire sprinklers in conformance with the statutes of the Menlo Park Fire Protection District (MPFPD). There is a further requirement for sprinklers in the basements of all structures regardless of size of the basement. MPFPD Review of Building Plans The Grand Jury
Conclusions 5
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CL1 Page 13As described above, the new computerized system being installed in the Building Department will implement procedures for documenting citizens' complaints, actions taken to investigate and resolve them, and documentation of the Town's response.
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CL2 Page 13The Atherton City Council does require the Manager to keep the Council fully informed of all significant matters related to administration and operation of the Town. (Section 2.12.070 of the Atherton Municipal Code). It should be noted that the City Manager did keep the Council informed of issues with the MPFPD as described on page 2 above.
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CL3 Page 13As recited above, the practical reality of development in Atherton does not require examination or has not resulted in a "narrow" policy of notifying neighbors of substantial construction projects.
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CL4 Page 13The community is being informed of the measures which have been implemented to remediate Building Department problems. This letter has been reviewed and discussed at a public meeting of the City Council on September 19, 2007. Very truly yours, MARC G. HYNES City Attorney, Town of Atherton MGH:cwb cc: Mayor and City Councilmembers, Town of Atherton John C. Fitton, Court Executive Officer [email protected] Michael Murphy, Chief Deputy County Counsel Acting City Clerk Interim City Manager Hon. John L. Grandsaert Judge of the Superior Court 9/25/2007 Page 5 John C. Fitton, Chief Executive Officer Superior Court of San Mateo County 400 County Center Redwood City, CA 94063-1655 Michael P. Murphy, Chief Deputy County Counsel County of San Mateo Hall of Justice and Records 6th Floor 400 County Center Redwood City, CA 94063-1662
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CL5 Page 7The problems of the Building Department were caused by the wide spectrum of deficiencies listed above and the absence of supervision and control by senior Town officials. It is fair to say that the former Building Official and the Building Department were not properly monitored and controlled by the Town Manager. Many of the residential construction-related problems currently facing the Town of Atherton are a result of ambiguities in the poorly-written zoning ordinance and questionable interpretations of that ordinance by the former Building Official. 7 The full impact of past questionable practices in the Building Department may not be known for years, but the effects are beginning to surface. One of the six appeals to the Council discussed above, in which the Council denied the property owner’s appeal, has morphed into a lawsuit against the Town. The Grand Jury understands the dilemma facing the Town Council. If the Council attempts to force owners of non-conforming properties to comply with the zoning ordinances, litigation may result. If the Council ignores the violations, future accusations of unfair treatment may surface. The Town has made substantial progress in implementing some of the recommendations of the several investigations of the Building Department, as summarized in a recent memo7 by the former Acting Building Official. Compared to the other six cities surveyed by the Grand Jury, Atherton was the only one that did not have a formal, written procedure for handling complaints related to zoning or construction projects and did not routinely inform neighbors of proposed construction projects. To maintain the independence and integrity of the planning (or zoning) review process, employee and contract planners should not report to, or be supervised by, the Building Official. The Grand Jury recognizes that the winds of change are gusting in Atherton. Discussions with the fire district are underway, new employees are being hired, new policies and procedures are being implemented, contracts with outside firms are being negotiated and executed, the Council faces several contentious and potentially litigious issues and the Town Manager has resigned. While the Grand Jury has attempted to make this report as current as possible, the pace of change in Atherton may make parts of this report out-of-date when the report is finally published.
No Responses Found 2
Government entities assigned to respond to this report. No response documents have been linked in our database.
Atherton
City
Menlo Park Fire Protection District
Fire District