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Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
San Mateo County Grand Jury
• 2023-2024
Restaurant Exteriors: the Neglected Space Issue The exterior trash areas of food service businesses are often unsightly
⚠️ 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 7 findings
F1
Page 39
When an entity does not have a process to identify organizational risks, and the entity does not demonstrate how its internal controls address identified risks, the likelihood of a failure internal controls that results in fraud or waste increases. Response: The City of Burlingame agrees with this finding.
F2
Page 39
When an entity does not periodically assess its internal controls and the entity cannot demonstrate that it is monitoring its internal controls, the likelihood of a failure in internal controls that results in fraud or waste increases. Response: The City of Burlingame agrees with this finding.
F3
Page 39
When management does not report the results of its assessment of internal controls to its governing board and the entity has not communicated externally, the likelihood that others see this as an opportunity to commit fraud or waste increases. Response: The City of Burlingame agrees with this finding. Docusign Envelope ID: A81F77A6-69B1-4011-BA99-FEBE1E8BD83B The Honorable Amarra A. Lee September 3, 2024 Response to Recommendations
F4
Page 41
Most restaurant exterior areas are “out of sight” of the public and as a result complaints are less frequent. The City agrees with the finding.
F5
Page 41
Because they lack oversight, unacceptable conditions in restaurant trash areas are likely not to be rectified. The City agrees with the finding. Docusign Envelope ID: 6DFA0101-AADB-4F1F-A644-1DA35C73A3B2 Hon. Amarra Lee September 4, 2024
F6
Page 42
Waste water from the cleaning of trash areas and from rain flow into the storm drain systems. The City partially concurs with the finding. The Burlingame Municipal Code, specifically Section 25.31.130 Trash and Refuse Collection Areas, mandates that all restaurants must provide dedicated interior space or exterior trash enclosures for proper waste management. This requirement ensures that restaurants have designated areas for storing and handling their refuse. Furthermore, the City enforces strict guidelines for new construction and tenant improvements associated with restaurants. These establishments are required to have an interior dedicated trash washing area that is plumbed to the sanitary sewer system. This measure helps maintain cleanliness and prevent potential contamination. However, staff acknowledges the possibility of individual restaurant operators violating these code requirements despite the City's efforts. To address this issue, the City takes appropriate code enforcement action when necessary. This includes issuing warnings, fines, or other penalties to ensure compliance with the municipal code and maintain a clean and well-managed environment for the community.
F7
Page 42
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. The City agrees with the finding. Responses to Grand Jury Recommendations: Of the four Grand Jury recommendations, the City of Burlingame has been requested to respond to R4.
Recommendations 4
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R1Page 40Beginning by no later than December 31, 2024, and at least annually thereafter, each entity will document its organizational risks and address those risks in its annual assessment of internal controls. Response: The recommendation will be implemented
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R2Authorizes the City Manager to submit the City's response on behalf of the City, attached hereto as Exhibit A and incorporated herein by this reference, to the San Mateo Superior Court. Resolution No. 91-2024 1 of 2
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R4Page 42By 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. Response: By June 30, 2025, the City will consider adopting appropriate policies and/or regulations to empower inspectors and staff members to require owners/operators to add receptacles or increase the frequency of pick-ups. The recommendation has not been implemented but will be considered for implementation in the future with an amendment to Burlingame Municipal Code Section 25.31.130 Trash and Refuse Collection Areas pending further evaluation of feasibility given limited right-of-way in many instances. The Burlingame City Council has approved this response letter at its public meeting on September 3, 2024. Sincerely, Donna Colson Mayor c: Burlingame City Council Lisa K. Goldman, City Manager Syed Murtuza, Director of Public Works Register online with the City of Burlingame to receive regular City updates at www.burlingame.org/enews. CITY OF EAST PALO ALTO OFFICE OF THE CITY MANAGER The Honorable Judge 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 September 25, 2024 Dear Honorable Judge Amarra A. Lee: Thank you for the opportunity to review and comment on the San Mateo County Civil Grand Jury Report titled: "Restaurant Exteriors: The Neglected Space" released on July 9, 2024 (“Report”). The City Council of the City of East Palo Alto approved the following response to the Report at its September 17, 2024, meeting. The City of East Palo Alto’s Response to Each Relevant Finding:
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R11-65Page 35allows for enforcement to prevent health and safety nuisances from refuse accumulation. Code Enforcement is empowered to require restaurant owners to add receptacles and increase pick up frequency to rectify the nuisance. This response was approved by the Belmont City Council at a public meeting on September 24, 2024. Sincerely, Afshin Oskoui City Manager www.belmont.gov
Observations 3
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OB1Open floor segments can permit food and other waste falling under the floor of the parklet to the street;
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OB2Many have open side(s) permitting vermin to go under the parklet to feed on scraps;
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OB3Street drainage (from road crown and gutter flow) can exacerbate the problems of waste under the floor, including leaves and other refuse.