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File #: 24-722    Version: 1 Name:
Type: Memo Status: Passed
File created: 7/9/2024 Departments: COUNTY EXECUTIVE
On agenda: 9/24/2024 Final action:
Title: Approve the County's response to the 2023-24 Civil Grand Jury Report "Restaurant Exteriors: The Neglected Space."
Attachments: 1. 20240924_att_Restaurant Exteriors Final Report.pdf
Special Notice / Hearing: None__
Vote Required: Majority

To: Honorable Board of Supervisors
From: Michael P. Callagy, County Executive
Subject: Response to 2023-24 Civil Grand Jury Report "Restaurant Exteriors: The Neglected Space"

RECOMMENDATION:
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Approve the County's response to the 2023-24 Civil Grand Jury Report "Restaurant Exteriors: The Neglected Space."

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BACKGROUND:
On July 9, 2024, the 2023-24 San Mateo County Civil Grand Jury issued a report titled "Restaurant Exteriors: The Neglected Space" (Report), requesting that the County respond to the seven Findings and four Recommendations set forth in the Report.

Pursuant to Penal Code Section 933, the County's response to the Report is due to the Honorable Amarra A. Lee, Judge of the Superior Court of California, County of San Mateo, no later than September 18, 2024, which is 90 days after issuance of the Report.

DISCUSSION:
Staff recommends that the Board of Supervisors submit the following responses to the Report in compliance with Penal Code Section 933.05:

FINDINGS
Finding No. 1:
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.

Response:
The County disagrees with this Finding, as it relates to areas within its control. Using the California Retail Food Code (CRFC), County Health monitors compliance of exterior areas, including waste disposal/refuse areas and outdoor seating under direct control of the permit holder (restaurant), which may include seating areas in "parklets" (addressed below in Finding No. 2) as it pertains to vermin control, through routine and non-routine inspections of restaurants, employing the State of California Department of Public Health and Federal Food and Drug Administration (FDA) standard inspection protocols. Violations perta...

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