📋
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
• 2021-2022
Waiter! There’s a CAR in MY Soup! Release Date: July 25, 2022 Issue Summary Background Discussion Findings
⚠️ 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 4 findings
F1
Page 63
The city has conducted permit compliance inspections as required under city regulations for its current outdoor dining facilities, but has not documented those inspections, which makes it difficult to manage compliance with permit requirements. Partially Disagree. Compliance inspections have been performed by part-time monitors within the City’s Park and Recreation Department early in the pandemic during 2020 as well the first half of 2021, with staff monitoring outdoor dining facilities and intervening if they were not consistent with their approved permits. Interventions were done verbally, so no written documentation has been recorded.
F2
Page 63
The city has not documented certain known outdoor dining permit compliance deficiencies, which makes it difficult to mandate that corrections must be completed. Partially Disagree. While much of the City’s enforcement was completed verbally, the City has documented some compliance deficiencies. With the permanent establishment of the Outdoor Business Activity Program on August 25, 2022, the City will more consistently document outdoor dining compliance deficiencies.
F3
Page 64
The city has not documented corrections to certain known outdoor dining permit compliance deficiencies, which makes it difficult to ensure that any mandated corrections were in fact completed. Agree. With the permanent establishment of the Outdoor Business Activity Program on August 25, 2022, the City will more consistently document corrections to outdoor dining compliance deficiencies to ensure that any mandated corrections are in fact completed.
F4
Page 64
The city has failed to adopt permanent outdoor dining regulations to replace the temporary regulations, which must expire, creating unpredictability and potentially terminating the city’s outdoor dining arrangements in a manner that would harm local business. Disagree. On May 23, 2022, staff presented the Outdoor Business Activity Program at a City Council Study Session, paving the way for adopting permanent outdoor dining regulations. On June 27, 2022, City Council introduced the ordinance adopting the Outdoor Business Activity Program, and adopted the Outdoor Business Activity Program Guidelines and fees for the Outdoor Business Activity. On July 25, 2022, the City Council adopted the Outdoor Business Activity Program by ordinance. On August 25, 2022, 30-days later, the ordinance and resolutions related to the Outdoor Business Activity Program went into effect and applications into the Outdoor Business Activity Program were open. The Outdoor Business Activity Program supersedes all prior outdoor dining programs within the City’s right-of-way. San Mateo County Civil Grand Jury Recommendations: The City is required to respond to recommendations R1-R2 in the report. For each recommendation, the City must state whether the recommendation has been implemented, has not yet been implemented, requires further analysis, or will not be implemented. The proposed response to each recommendation is provided below.
Recommendations 2
-
R1Page 64The Grand Jury recommends that by March 31, 2023, the city council should give direction to city staff on how to prioritize enforcement of the entirety of its current outdoor dining regulations. Implemented: City Council gave direction to staff on the entire Outdoor Business Activity Program, which included measures of enforcement, on June 27, 2022, when the ordinance was introduced. City Council adopted the Ordinance implementing the Outdoor Business Activity Program on July 25, 2022. Our Code Enforcement and Building Divisions are working together to ensure all parklets and sidewalk cafes are built and inspected according to approved plans. Annual renewals are required, and any unauthorized changes that are discovered must be corrected within a timely manner or it can be considered grounds for permit and license revocation. Inspections will be required during construction of Outdoor Business Activity setups, as well as annually during the renewal period to ensure compliance with approved permits. Since the Outdoor Business Activity Program supersedes all prior outdoor dining programs within the City’s right-of-way, the City Council approved the phase out schedule of all prior permits at the July 25, 2022 City Council meeting. For businesses that do not apply and receive a permit by October 31, 2022, temporary barriers and related furnishings must be removed by November 4, 2022. For business that do apply and receive a permit by October 31, 2022, temporary barriers and related furnishings must be removed by March 24, 2023. The City will begin enforcement if businesses do not comply with removal of their outdoor dining and business activity setups under the Outdoor Business Activity Program by the above dates if an application into the Outdoor Business Activity Program has not been filed. City Council reviewed this timetable, which includes prioritizing enforcement, at their June 27, 2022 City Council Meeting. Staff does not believe any future steps are warranted. We will be providing the City Council an update approximately one-year after implementation of the Outdoor Business Activity Program.
-
R2Page 65The Grand Jury recommends that by March 31, 2023, the city council should give direction to city staff about whether to develop permanent outdoor dining regulations for potential adoption. Implemented: On May 23, 2022, staff presented the Outdoor Business Activity Program at a City Council Study Session, which is Redwood City’s answer to adopting permanent outdoor dining regulations. The Outdoor Business Activity Program supersedes all prior outdoor dining programs within the City’s right-of-way. Staff brought forth the Outdoor Business Activity Program, design guidelines, fees, and ordinance revisions for a City Council Study Session on May 23, 2022 (no action was taken). On June 27, 2022, the City Council introduced the ordinance adopting the Outdoor Business Activity Program, adopted the Outdoor Business Activity Guidelines, and fees for the Outdoor Business Activity Program. On July 25, 2022, the City Council adopted the Outdoor Business Activity Program by ordinance. On August 25, 2022, 30-days later, the ordinance and resolutions related to the Outdoor Business Activity Program went into effect and applications into the Outdoor Business Activity Program were open. On behalf of the City Council of the City of Redwood City (City), I would like to thank you for the opportunity to review and comment on the above referenced Grand Jury Report. Sincerely, Giselle Hale Mayor City of Redwood City CC: City Council, Redwood City Melissa Stevenson Diaz, City Manager Alex Khojikian, Assistant City Manager