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9 DATE: June 3, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Andrew Brozyna, Public Works Director/City Engineer Zaheed Danish, Acting Public Works Maintenance Manager
Greg Baeza, Public Works Maintenance Superintendent
DEPARTMENT: Public Works
SUBJECT: APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN
THE UPDATED PRIVATE AND PUBLIC SIDEWALK INSPECTION
AND MAINTENANCE POLICIES
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution approving and authorizing the City Manager to sign the updated Private and Public Sidewalk Inspection and Maintenance Policies.
EXECUTIVE SUMMARY
The Private Sidewalk Inspection and Maintenance Policy (proposed updated version included as Attachment 2) documents the procedures that the City uses to identify, temporarily address, and notify property owners of sidewalk deficiencies on private property. The policy outlines the process for correcting safety hazards and collecting the cost of those activities from the responsible property owners if the City undertakes the repairs.
The Public Sidewalk Inspection and Maintenance Policy (proposed updated version included as Attachment 3) documents the procedures that the City uses to identify and address sidewalk deficiencies on public property. The updated policy clarifies the roles of various City departments and aligns the policy with current practice.
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9 On April 10, 2023, the City Council approved Minute Order No.1911 (Attachment 4) which implemented a new tiered Private Sidewalk Administrative Fee structure. The amended Private Sidewalk Policy aligns the policy with the direction given in Minute Order No. 1911 and makes other changes related to administration of the program. A “redlined” version comparing the current private policy with the proposed policy is Attachment 5.
The Public Sidewalk Policy has not been updated since it was adopted in 2010 and requires updating to better align the policy with current practice and make administrative changes for the sake of clarity. A “redlined” version comparing the current public policy with the proposed policy is Attachment 6.
BACKGROUND
The City’s Comprehensive Sidewalk Maintenance Program, which has been in effect since May 3, 2010, establishes City guidelines for addressing all aspects of sidewalk repair in compliance with the California Streets and Highways Code Sections 5600- 5630 (Attachment 7). Specifically, the Streets and Highways Code states that it is the property owners’ responsibility to maintain sidewalks located adjacent to their properties. Further, Foster City Municipal Code Chapter 11.08 (Attachment 8), details the property owners’ liabilities for injuries or damages suffered by members of the public using sidewalks that are not maintained.
The Sidewalk Maintenance Program consists of the following two City policies:
•Public Sidewalk Maintenance Policy - Focuses on the manner in which the City should comply with the provisions of the Code for the repair and maintenance of sidewalks that are located adjacent to publicly owned properties, such as City buildings and parks. It addresses elements such as inspection frequency, criteria for mitigation action, and determination of responsibility for repairs. •Private Sidewalk Maintenance Policy - Outlines the method by which the City will ensure that private property owners are aware of and undertake their responsibilities for maintaining the sidewalks located adjacent to their properties, including the City’s practice of notification and inspection, enforcement of sidewalk repair notices, and determination of whether the responsibilities for repairs are public or private. According to the Code and as outlined in the policy, if property owners do not complete the repairs within the outlined time frame, it is within the City’s right to perform the repairs and assess the costs of the repairs to the property owners.
The Private Sidewalk Maintenance Policy was last updated by City Council Resolution No. 2017-58 on July 17, 2017, to streamline the process and make implementation simpler and more expedient for both the City and the affected residents. The Public Sidewalk Maintenance Policy has not been updated since the City Council approved it in 2010.
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9 ANALYSIS
The Private Sidewalk Inspection and Maintenance Policy documents the procedures that the City uses to identify, temporarily address, and notify property owners of sidewalk deficiencies on private property. The policy outlines the process for correcting safety hazards and collecting the cost of those activities from the responsible property owners if the City undertakes the repairs.
At its Special Meeting on April 10, 2023, the City Council considered the User Fee Study which showed that the actual administrative cost to undertake the Private Sidewalk Maintenance Program is just over $1,000 per case. Staff had recommended maintaining the existing Administrative Fee of $419. The City Council ultimately approved Minute Order No. 1911 (Attachment 4) which implemented a new tiered Private Sidewalk Administrative Fee structure, providing, “direction to incorporate an administrative fee for sidewalk repair of $150 if property owner repairs sidewalk within the time frame allotted by City policy, and if property owner does not respond to City notifications regarding sidewalk repair and a lien is issued, proceed with an administrative fee of $419.” Implementation of this new tiered fee structure was approved by the City Council as part of the approval of the Master Fees and Service Charges Schedule that went into effect on July 1, 2023 (Attachment 9) and is continued in the Master Fees and Service Charges Schedule that the City Council is scheduled to consider on June 3, 2024 for FY 2024- 2025. The amended Private Sidewalk Policy aligns the policy with the direction given in Minute Order No. 1911, aligns the policy with current practice, and contains administrative changes for the sake of clarity and consistency with the Streets and Highways Code (Redline Attachment 5).
The Public Sidewalk Maintenance Policy has not been updated for fourteen (14) years.
The updated policy clarifies the roles of various City departments and aligns the policy with current practice (Redline Attachment 6).
CEQA
This action is not a project subject to CEQA as it will not have a direct or reasonably foreseeable impact on the environment. Even if it were determined to be a project under CEQA, it would be exempt under CEQA Guidelines. (14 Cal. C. Reg. § 15301(c).)
FISCAL IMPACT
There is no fiscal impact to approving the updated policy to align with the fee structure already approved in the Master Fees and Service Charges Schedule. 6 5
9 CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA Facilities and Infrastructure
ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – Updated Private Sidewalk Inspection and Maintenance Policy Attachment 3 – Updated Public Sidewalk Inspection and Maintenance Policy Attachment 4 – Minute Order No. 1911
Attachment 5 – Redline Version of Private Sidewalk Inspection and Maintenance Policy Attachment 6 – Redline Version of Public Sidewalk Inspection and Maintenance Policy Attachment 7 – California Streets and Highways Code Sections 5600- 5630 Attachment 8 – Foster City Municipal Code Section 11.08 Attachment 9 – Page 9 of FY 24 Master Fees and Service Charges Schedule (ref. PW- 11)