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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
• 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 68
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. Response: The City of San Mateo disagrees wholly with this finding. The City of San Mateo ended its Temporary Outdoor Dining program on May 1, 2022. At that point in time, all parklet structures in parking space areas and on our pedestrian malls were required to obtain permits and comply with our Parklet Permit Program. Although the City did not have immediate compliance from all businesses, letters were issued to non-compliant businesses and all non-compliant structures have since been removed. All current outdoor dining structures in place have been built and are subject to inspections under our Parklet Permit Program. Those inspections are fully documented. There are currently some businesses that have placed outdoor dining facilities on sidewalks and within our pedestrian mall without first obtaining the required Sidewalk and Pedestrian Mall Outdoor Dining Encroachment Permit. These have been documented and the City issued letters to the businesses requesting that they comply with the requirements to obtain a permit and meet all required permit provisions.
F2
Page 69
The city has not documented certain known outdoor dining permit compliance deficiencies, which makes it difficult to mandate that corrections must be completed. Response: The City of San Mateo disagrees wholly with this finding. Under our permanent outdoor dining programs which have been effective as of May 1, 2022, the City of San Mateo is documenting all outdoor dining permit compliance deficiencies and is issuing compliance letters in order to mandate that corrections are made through our permit process.
F3
Page 69
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. Response: The City of San Mateo disagrees wholly with this finding. Under our permanent outdoor dining programs which have been effective as of May 1, 2022, the City of San Mateo is documenting all outdoor dining permit compliance deficiencies and is reinspecting for corrections prior to issuing permits for outdoor dining. Response to Grand Jury Recommendation: The Grand Jury had one recommendation that applies to the City of San Mateo:
F4
Page 71
The city has failed to adopt pennanent outdoor dining regulations to replace the temporary regulations, which must expire, creating unpredictability and potentially tenninating the city's outdoor dining arrangements in a manner that would harm local business. Response: The City partially agrees with this finding. The City initiated a trial parklet in 2017,and with the COVID-19 pandemic, it was expanded to help support local businesses. The City needs additional time to assess the overall needs of the community and other stakeholders before establishing a permanent program or identifying other alternatives. The urgency ordinance is still in effect for the duration of any applicable state of emergency related to COVID-19, unless extended, terminated, or replaced by an affirmative vote of the City Council, which the City believes will allow businesses sufficient time to make changes as needed. Responses to Recommendations: Rl. The Grand Jury recommends that by March 3 1, 2023, the city council should give direction to city staff on how to prioritize enforcement of the entirety of its current outdoor dining regulations. Response: The City agrees with this recommendation and will provide direction to city staff by March 31,2023.
Recommendations 2
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R1Page 69The 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. Response: This recommendation has been implemented The City Council gave direction to staff on how to enforce the outdoor dining regulations as part of the adoption of the City’s Parklet Permit Program in June 2021 and the Sidewalk and Pedestrian Mall Outdoor Dining Encroachment Permit Program in March 2022, and the related termination of the Temporary Outdoor Dining program on May 1, 2022. The guidelines for both current outdoor dining programs lay out the requirements of the permit and provide for remedies for non-compliance, including the revoking of the permits. Transitioning away from the temporary program to the current outdoor dining programs is part of the work program adopted in the City Council Strategic Plan for Fiscal Year 2022-23 and was assigned a high priority. Periodic updates of the progress of the effort will be provided to the City Council over the course of the year as part of the City’s established Strategic Plan review process. This response to the Grand Jury was approved at a public meeting on September 19, 2022. Respectfully, Rick Bonilla Mayor, City of San Mateo DocuSign Envelope ID: 99BE3A5E-ED7A-462F-B84C-EFF48FF9CA18 ANNE OLIVA -""s^ Mayor City ofMillbrae GINA PAPAN Vice Mayor 621 Magnolia Avenue, Millbrae, CA 94030 ANDERS FUNG Councilmember REUBEN D. HOLOBER Councilmember ANN SCHNEIDER Councilmember October 25, 2022 Honorable Amarra A. Lee Judge of the Superior Court c/o Jenarda Dubois, Civil Grand Jury Coordinator Hall of Justice 400 County Center, 2nd Floor Redwood City, CA 94063-1655 RE: City ofIVIillbrae's Response to Grand Jury Report: "Waiter! There's a Car in My Soup!" Dear Honorable Amarra A. Lee, Please accept this as the City ofMillbrae's formal response to the Grand Jury Report: "Waiter! There's a Car in My Soup!" (Grand Jury Report), pursuant to the instructions in your July 25, 2022 letter. The City has reviewed the Grand Jury Report at the October 25, 2022 City Council meeting and offers the following responses to the findings and recommendations on behalf of the City Council by 5-0 approval by roll call vote: Responses to Findings: Fl. 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. Response: The City mostly disagrees with this finding. All interested businesses must apply for a no-fee temporary encroachment parklet permit and comply with the City's Outdoor Dining Guidelines. The City's engineer, fire marshal, and building staff have performed inspections before permit issuance.
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R2Page 71The 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. Response: The City agrees with this recommendation and will provide direction to city staff by March 31,2023. The City appreciates the opportunity to share its comments on the Grand Jury Report. Sincerely, Anne E. Oliva Mayor Cc: City Council City Manager City Attorney