Cotati City Council
Agenda Staff Report
Item type:
To: City Council
Subject: Establishing the Outstanding Backflow Testing Charges and Levying of Assessments
Date: July 25, 2023
Written by: Henry Babits,
Recommendation
It is recommended that the City Council hear and consider any and all protests, objections, and other comment regarding the backflow testing expenses and approve a resolution authorizing the levying of assessments for unpaid backflow testing charges.
Background
The City of Cotati (City) is required by state law to ensure all backflow devices in the water distribution system are tested annually. The City established backflow testing requirements with Ordinance No. 773. This Ordinance established that the testing and associated costs are the responsibility of the property owner and also allowed levying of assessment of outstanding backflow charges onto their property taxes. Under California State law, the City is required to hold a public hearing annually to set the assessment rates for the following year for each outstanding backflow testing charge.
On June 13, 2023, the City Council set a public hearing date for June 27, 2023, for consideration of objections to the outstanding backflow testing charges and levying of assessments for FY 2023/24. On June 27, 2023, the City Council tabled the item until July 25, 2023 after opening the item for public comment. No public comment was received. The City subsequently noticed the new public hearing date of July 25, 2023 on July 14 and July 21, 2023.
Analysis/Discussion
The City notifies all property owners annually of the need for testing and certification of their backflow devices. A portion of the property owners conduct their own testing and submit the certifications to the City. Other property owners rely on the City to conduct the testing and certification. Following testing, any necessary repairs, and certification, the City invoices the property owner for the cost of the service. Most property owners pay the City in a timely manner.
However, some are not responsive to requests for payment. These properties are listed in the attached resolution.
Adoption of the attached resolution sets the property tax assessment to recover the outstanding backflow testing charges.
Financial Considerations
The costs of backflow testing are expected to be paid by the owners of the property for which the testing was performed. These testing charges remain unpaid despite repeated attempts for payment.
Environmental Issues
The proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15378 on the grounds that this action is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment as the action proposed is setting a public hearing date to receive protests related to the assessment for outstanding backflow testing charges.