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RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY
CONFIRMING THE REPORT ON THE COST OF REPAIRS, APPROVING THE
NOTICE OF LIEN AND RECORDATION OF LIEN AND ASSESSING COSTS OF REPAIR AGAINST THE PARCEL OF REAL PROPERTY LOCATED AT 800 REGULUS STREET
CITY OF FOSTER CITY
WHEREAS, property owners are required to maintain sidewalks adjacent to their property pursuant to California Streets & Highways Code Sections §5600-5630 and Foster City Municipal Code section 11.08.010 et seq.; and WHEREAS, 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; and
WHEREAS, the City’s Sidewalk Maintenance Policy implements State law and Foster City Municipal Code section 11.08.010 et seq.; and WHEREAS, on August 8, 2023, the owner of property located at 800 Regulus Street, Foster City California (APN 094-422-080) was provided with written notice that their sidewalks were out of repair and in a condition to 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; and WHEREAS, the property owner did not commence repairs by the date specified nor did they undertake repairs to completion or elected to have the City's contractor perform the repairs, and
WHEREAS, the Public Works Director undertook the required repairs and completed such repairs as indicated in Exhibit A which is attached and hereby incorporated into this Resolution; and
WHEREAS, the owner of property located at 800 Regulus Street, Foster City, California was provided with written notice that the Public Works Director would prepare a report specifying the repairs which were made, the cost of the repairs, a description of the real property in front of which the repairs were made and the assessment against each lot or parcel of land proposed to be levied to pay the cost of 3 4
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repairs and that the City Council of the City of Foster City would hear and pass upon the report by the Public Works Director on the cost of repair at this meeting; and WHEREAS, on June 16, 2025, the City Council heard the reports and all comments, objections and protests from the property owner and from other interested persons; and
WHEREAS, the approval of 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 the California Environmental Quality Act (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.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby:
1. Confirm the Report on the Cost of Repairs for 800 Regulus, attached hereto as Exhibit A; and
2. Assess the real property owner for 800 Regulus $10,800.90 as more specifically detailed in the Notice of Lien, attached hereto as Exhibit B; and
3. Order that the Notice of Lien shall be delivered to the county auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property pursuant to Government Code section 54988. The City Attorney may make edits to the Notice of Lien as necessary for recordation, consistent with this Resolution. 3 4
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PASSED AND ADOPTED as a Resolution of the City Council of the City of Foster City at the Regular Meeting held on the 16 th day June, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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STACY JIMENEZ, MAYOR
ATTEST:
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PRISCILLA SCHAUS, CITY CLERK