For Water Subcommittee Meeting January 29, 2025
TO: Honorable Water Subcommittee Members
APPROVAL: John Rossi, Interim Utilities Director
FROM: Toyasha Sebbag, Assistant to the City Manager
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Staff requests that the Water Subcommittee receive verbal comments as requested by property owner of 1071 W. Cheshire St. regarding sewer service fee reimbursement. (ACTION)
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RECOMMENDATION
Staff recommends that the Water Subcommittee receive verbal comments as requested by property owner of 1071 W. Cheshire St. regarding sewer service fee reimbursement.
BACKGROUND
In April 2024, Rialto Water Services (RWS) was notified by the property owner of 1071 W. Cheshire St., Rialto that it was on septic and should not be charged RUA’s sewer fee. As such, per Rialto Utility Authority (RUA) policy, RWS issued a check in May 2024 for $909.04, which included one year of charges ($806.04) and the deposit ($103.00) and ceased from assessing the property a monthly sewer fee.
ANALYSIS/DISCUSSION
The property owner is appealing the sewer fee credit and requesting that RUA issue a credit for all sewer fees paid since starting sewer service in March 2019 until she was no longer charged for sewer for a total amount of $4,236.36.
Per Rialto Resolution No. 6209, property owners are eligible for a credit of all prior sewer standby charges if they apply for a sewer connection permit within one year of a change in property ownership, with credits limited to one year of sewer fees. However, RUA no longer assesses sewer standby charges for properties currently on septic systems and is reevaluating its sewer standby fee structure. Instead, RUA's long-standing policy, which is consistent with Resolution No. 6209, credits properties that confirm they are on septic with up to one year of sewer fees.
Staff is requesting guidance from the Water Subcommittee on whether to grant a full credit for the sewer fees paid by the property owner, amounting to $4,236.36, for the period between March 2019 to the date charges ceased. Additionally, this street has been identified as a candidate for Santa Ana Water Project Authority (SAWPA) septic-to-sewer grant funding, and staff is investigating whether similar cases of septic property owners paying sewer fees exist elsewhere in the city.
ENVIRONMENTAL IMPACT
The requested action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a Project means the whole of an action, 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. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
GENERAL PLAN CONSISTENCY
Approval of the proposed action also complies with the following City of Rialto Guiding Principles, General Plan Goals and Policies:
Our City government will lead by example, and will operate in an open, transparent, and responsive manner that meets the needs of the citizens and is a good place to do business.
LEGAL REVIEW
The City Attorney’s Office has reviewed the staff report.
FINANCIAL IMPACT
Operating Budget Impact
Approving an additional fee credit of $4,236.36 for the property owner would reduce the Sewer Fund revenue by that amount.
Staff is investigating whether similar cases of septic property owners paying sewer fees exist elsewhere in the city and will bring back the analysis to the next Regular Water Subcommittee.
Capital Improvement Budget Impact
There is no impact on the capital improvement budget with this action.