Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: SETTING A PUBLIC HEARING DATE FOR CONSIDERATION
OF OBJECTIONS TO THE OUTSTANDING BACKFLOW
TESTING CHARGES AND LEVYING OF ASSESSMENTS FOR
FISCAL YEAR 2025-26
Date: July 8, 2025
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City Council adopt a resolution setting a Public Hearing date to receive all oral and written protests to the outstanding backflow testing charges and levying of assessments for Fiscal Year 2025-26.
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 transferred the responsibility for testing and associated costs from the City of Cotati to 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.
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. The City will then send two additional notices to pay, if the initial invoice is not paid.
Most property owners pay the City in a timely manner. However, some are not responsive to requests for payment, and did not submit payment for services performed during calendar year 2024. These properties are listed in the attached resolution. In this case, because the City is required to incur the cost of holding a public hearing and place these delinquent charges on the property tax assessment, the City also charges these remaining accounts administrative fees and penalties.
Adoption of the attached resolution will establish August 12, 2025 as the date for the public hearing to receive oral and written protest to the Fiscal Year 2025-26 assessments for the outstanding backflow testing charges.
Financial Considerations
The costs of backflow testing, including administrative fees and penalties, will be assessed to the owners of the property for which the testing was performed.
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