DATE: June 16, 2025
TO: Mayor and Members of City Council
VIA: Stefan Chatwin, City Manager
FROM: Andrew Brozyna, Public Works Director
Zaheed Danish, Public Works Maintenance Manager
Greg Baeza, Public Works Maintenance Superintendent
DEPARTMENT: Public Works
SUBJECT: CONFIRMING THE REPORT ON THE COST OF REPAIRS,
APPROVING THE NOTICE OF LIEN AND RECORDATION OF
LIEN ASSESSING COSTS OF REPAIR AGAINST THE PARCEL
OF REAL PROPERTY LOCATED AT 800 REGULUS STREET
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution confirming the attached Report on the Cost of Repairs, approving the Notice of Lien and recordation of lien assessing costs of repair against real property located at 800 Regulus Street, Foster City California (APN 094-422-080).
EXECUTIVE SUMMARY
Property owners are required to maintain sidewalks adjacent to their property pursuant to State law and City Ordinance. The City has adopted a Private Sidewalk Inspection and Maintenance Policy which outlines a process whereby the City must notify a property owner of necessary repairs, and if the property owner does not undertake repairs, the City may complete repairs on behalf of a property owner at the owner’s expense.
Between August 2023 and June 2024, the City sent multiple notices to the property owner at 800 Regulus Street to repair their portion of the sidewalk. Even after repeated attempts to notify, the property owner did not undertake the repairs, so in accordance with the Sidewalk Policy, the City instructed its contractor to perform repairs to the sidewalk adjacent to 800 Regulus Street in June 2024 and submitted an invoice to the property owner for the repairs in July 2024 (Attachment 3). As of the date of this report, the property owner has not paid the invoice, and the City Council is recommended to confirm the attached report on the cost of repairs (Attachment 4) and assess the cost of repairs against the property as a special assessment lien (Attachment 5). The property owner
was notified by mail as required by law of the opportunity to dispute the charge at the June 16th City Council meeting (Attachment 2).
BACKGROUND
Property owners are required to maintain sidewalks adjacent to their properties pursuant to California Streets & Highways Code Sections §5600-5630 and Foster City Municipal Code Section 11.08.010 et seq. The City Council first adopted a formal Sidewalk Maintenance Policy in 2010 and adopted a comprehensive update to the Sidewalk Maintenance Policy in June 2024. The City’s Sidewalk Maintenance Policy implements State law and Foster City Municipal Code Section 11.08.010 et seq. and provides a process for the City to undertake repairs if a property owner is not responsive to notices by the City of necessary repairs. Property owners can also elect to have the City contractor complete the repairs at the property owner’s expense and reimburse the City later.
From July 2023 to present, the City's contractor has completed repairs on 21 properties— either at the property owner's request to have the repairs completed via City contractor, or due to a lack of response from the owner, necessitating City action. Costs of repairs ranged from $312.50 to $23,550.
Of the 21 repaired locations, one property owner has not provided payment. On August 8, 2023, the owner of 800 Regulus Street, adjacent to a segment of out of repair sidewalk on Regulus Street and Polaris Avenue, was advised in writing by certified mail that the sidewalk was in need of repair and posed a condition that endanger persons or property, that the sidewalk required repair in conformance with the City of Foster City Standards for Sidewalk Repair, that repairs were to commence within specified timeframes in conformance with the California Streets and Highways Code and that, if repairs were not commenced by that date or if repairs were commenced but were not diligently and without interruption prosecuted to completion, the Public Works Director for the City of Foster City would make the required repairs and that the costs incurred by the City in making the repairs would become liens against adjacent property.
On September 8, 2023, the owner of 800 Regulus Street was provided with a written Notice to Repair by certified mail.
In June 2024, the City Council updated the Sidewalk Policy, so staff mailed a second Repair Notice by certified mail on June 5, 2024, and a second Repair Notice on June 10, 2024, to ensure that all due process was followed per the updated Sidewalk Policy.
The property owner did not repair the sidewalk after receiving multiple written notices as well as engaging in in-person and telephone communications with the Public Works Maintenance Superintendent and the Public Works Maintenance Manager. Therefore, a notice of the work was posted at the property on June 10, 2024, at 12:55 pm. The City’s sidewalk repair contractor was dispatched and performed the required repairs on June 19, 2024, as allowed by state law and in order to ensure pedestrian safety.
Invoice 16184 (Attachment 3) was duly submitted to the owner for payment on July 29, 2024, with a due date of August 28, 2024. The invoice was subsequently sent by certified mail on December 19, 2024, which was signed for on December 23, 2024. This invoice is unpaid and a late penalty of 10% has been added to the total due as stated on the invoice.
The owner of 800 Regulus Street was provided with written notice as required by law that the City Council will consider the attached report specifying the repairs, their cost and the proposed cost to be levied to pay the cost of repairs and pass upon the report at this meeting (Attachment 2).
ANALYSIS
As of the date of this report, the owner of 800 Regulus Street has not paid the $10,800.90 owed for the cost of repairs to the sidewalk adjacent to the property, which is the responsibility of the property owner. This total includes the Administrative Fee of $419.00 in the Council-adopted FY 2022-23 Master Fees and Services Charges Schedule which was in effect at the time of the repair as well as a 10% late penalty fee.
In accordance with the City’s adopted Sidewalk Maintenance Policy, the City Council is recommended to confirm the Report on the Cost of Repairs (Attachment 4) and assess the repair cost against the parcel of real property located adjacent to the area of sidewalk that has been repaired.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
This item to approve the recovery of costs relating to the sidewalk repair is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.
Additionally, the repair of the sidewalk is categorically exempt from review under CEQA pursuant to Public Resources Code Section 15301 (Class 1-Existing Facilities) as the project involved the repair of an existing sidewalk and involved negligible or no expansion of use.
FISCAL IMPACT
Taking this action will allow the City to place a special assessment lien on the property to recover $10,800.90 for the cost of the repairs, Administrative Fee and late penalty.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:
Attachment 1 – Resolution
Attachment 2 – Billing Notice
Attachment 3 – Invoice 16184
Attachment 4 – Report on the Cost of Repairs
Attachment 5 – Notice of Lien
Attachment 6 – Photographs of repairs at 800 Regulus Street