San Mateo County Grand Jury
2023-2024
From the annual report
The consolidated year-end volume. The individual investigations it contains are listed separately below.
📑 Year-End Report
The full consolidated volume; individual reports are listed below.
Individual reports (2)
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Findings & Recommendations
9 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.
Related Recommendations (1)
R1:
By June 30, 2025, the County should amend its Food Facility Checklist to include the condition of trash area flooring, bins, dumpsters and enclosures, and note any needed repair, replacement or cleaning.
F2:
Sanitary conditions of parklets fall outside of current inspections by the County Health Department or Vector Control.
Related Recommendations (1)
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.
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.
Related Recommendations (1)
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.
F4:
Most restaurant exterior areas are “out of sight” of the public and as a result complaints are less frequent.
Related Recommendations (1)
R4:
By 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. Applicable Follow-up Responding Agency Response Recommendation Year
F5:
Because they lack oversight, unacceptable conditions in restaurant trash areas are likely not to be rectified.
Related Recommendations (1)
R5:
By December 31, 2024, implement the use of an annual or semi-annual collaborative onsite property condition report involving the nonprofit operators and the County to detail and verify that agreed upon repairs, maintenance and renovations have been completed.
F6:
Waste water from the cleaning of trash areas and from rain flow into the storm drain systems.
Related Recommendations (1)
R6:
By December 31, 2024, ensure that a process is in place for regular meetings among nonprofit operators, mental health providers, and the County to share issues and best practices across all the properties.
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.
Related Recommendations (1)
R7:
By December 31, 2024, develop and apply performance metrics to evaluate whether and how hotel conversions meet objectives, and communicate this to the public. Applicable Follow-up Responding Agency Response Recommendation Year
F8:
Homekey imposed strict short timelines for property inspections, so some pre-purchase due diligence processes could not occur. Thus, the County and nonprofit operators had to modify the properties later, which made operating the properties more difficult in the initial months and added cost.
Related Recommendations (1)
R8:
By February 1, 2025, jurisdictions should develop and implement new ways to make green bins usable in multi-family dwellings’ and businesses’ narrow or small waste enclosures. Responding Agency Applicable Response Follow-up Recommendation Year
F9:
The County has not communicated what performance metrics it has developed to evaluate whether hotel conversions meet objectives.
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Findings & Recommendations
7 findings
F1:
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:
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:
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:
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:
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:
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:
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.
Additional Recommendations
4
Not linked to specific findings.
R1:
Beginning 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 by December 31, 2024.
R2:
Authorizes 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
R4:
By 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:
R11-65:
allows 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