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HomeMy WebLinkAboutReso - CC - 104-2024RESOLUTION NO. 104-2024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE CITY OF BURLINGAME RESPONSE LETTER TO THE SAN MATEO COUNTY CIVIL GRAND JURY REPORT ENTITLED “RESTAURANT EXTERIORS: THE NEGLECTED SPACE” WHEREAS, the San Mateo County Civil Grand Jury released a report entitled, “Restaurant Exteriors: The Neglected Space” on July 9, 2024; and WHEREAS, the report examined exterior areas of food service businesses for unsightly and unsanitary conditions; and WHEREAS, the Grand Jury determined that a significant number of restaurant exterior storage areas and areas below parklets had clearly deficient, unsanitary, unsightly, and odorous conditions; and WHEREAS, the report included seven findings and four recommendations; and WHEREAS, the San Mateo County Civil Grand Jury has requested the City respond to the Findings and to Recommendation 4; and WHEREAS, the City Council has reviewed the findings and the proposed response letter to the San Mateo County Civil Grand Jury. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AND ORDERS AS FOLLOWS: That the attached letter in response to the San Mateo County Grand Jury Report entitled “Restaurant Exteriors: The Neglected Space” is hereby approved, and the Mayor is authorized to sign and convey said letter on behalf of the City. ________________________________ Donna Colson, Mayor I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 3rd day of September, 2024, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BROWNRIGG, COLSON, LEE, PAPPAJOHN, STEVENSON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ________________________________ Meaghan Hassel-Shearer, City Clerk Docusign Envelope ID: B789E278-4F98-45FB-82FE-DE9226F9F935 DONNA COLSON, MAYOR PETER STEVENSON, VICE MAYOR MICHAEL BROWNRIGG ANDREA PAPPAJOHN STEPHANIE LEE TEL: (650) 558-7201 www.burlingame.org The City of Burlingame CITY HALL -- 501 PRIMROSE ROAD BURLINGAME, CALIFORNIA 94010-3997 September 4, 2024 Hon. Amarra A. Lee Judge of the Superior Court c/o Bianca Fasuescu 400 County Center, 2nd Floor Redwood City, CA 94063-1655 Subject: City of Burlingame’s Response to Civil Grand Jury Report Entitled “Restaurant Exteriors: The Neglected Space” Dear Judge Lee: The City of Burlingame has reviewed the Grand Jury Report entitled "Restaurant Exteriors: The Neglected Space” and provides the following responses to the Grand Jury’s 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. The City agrees with the finding. F2: Sanitary conditions of parklets fall outside of current inspections by the County Health Department or Vector Control. The City agrees with the finding. F3: Sanitary conditions of exterior areas used for waste storage and disposal fall outside current inspections by local jurisdi ctions; local jurisdictions are, by and large, only reactive to an actual complaint. The City agrees with the finding. 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. Hon. Amarra Lee September 4, 2024 Page 2  Register online with the City of Burlingame to receive regular City updates at www.burlingame.org/enews.  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 handl ing 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. 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