Santa Cruz City Council · Tuesday, October 27, 2026, 12:30 PM · Item 10 · Consent Public Hearing

NotableWater & utilities, Planning & development

Final vote on sewer rate rules and reimbursement for owner-built sewer mains

In plain English

This is the final vote on Ordinance No. 2026-18, which changes the city's sewer rules in Municipal Code Chapter 16.12. It lets a property owner or developer pay for and build sewer improvements — such as sewer mains, lines, laterals, interceptor sewers and pump stations — and then sign a "reimbursement agreement" with the city so later property owners who benefit from that same sewer work pay back a share of the cost. A yes vote adopts the ordinance, which takes effect 30 days after final adoption; the council already approved it for publication on October 13, 2026, by a 6-0 vote with Vice Mayor Kalantari-Johnson absent.

Public Works says some city sewer facilities do not have enough capacity for expected development, so this sets who pays for upgrades: the builder fronts the full cost, and later property owners in the benefited area must pay their pro rata share before the city will issue them a building permit.

Key facts

  • Amends Santa Cruz Municipal Code Sections 16.12.010 (Definitions) and 16.12.130, and adds new Section 16.12.140 "Reimbursement Agreement."
  • The property owner "shall construct the sewer improvement and bear the entire cost," including design, engineering, construction and inspection.
  • "No building permit shall be issued for any benefited property unless and until the property owner has paid his or her pro rata share."
  • Each reimbursement agreement must be approved by city council resolution after a properly noticed public hearing, and ends when costs are fully repaid or 20 years after signing, whichever comes first.
  • Completed sewer improvements become city property; the city is not liable if it fails to collect reimbursement costs. No impact to the General Fund.
  • Takes effect 30 days after final adoption; passed for publication October 13, 2026 (5 councilmembers plus Mayor Keeley in favor, Vice Mayor Kalantari-Johnson absent).

Reasons to support

  • City Public Works has determined certain sewer facilities "lack sufficient capacity to accommodate anticipated development," and this creates a way to get those upgrades built and financed without city funds.
  • Reimbursement spreads the cost among all properties that directly benefit in proportion to the benefit each receives, rather than leaving it all on the first builder.
  • Only the portion of cost that exceeds what the builder's own development needs is reimbursable, and state law (Government Code Section 66003) exempts such fees from certain fee requirements.

Reasons to oppose or change it

  • Later property owners in a benefited area face a new charge they must pay before getting a building permit, for a sewer line built by someone else, for up to 20 years after the agreement is signed.
  • The city assumes no responsibility for collecting: under subsection (g), "in no event shall the city be liable to a property owner for failure to collect reimbursement costs," so the builder carries the risk of never being paid back.
  • Public Works decides which parcels are "benefited property" and the formula for each pro rata share, and the ordinance does not spell out that calculation method or an appeal process for owners who disagree.

Official wording

2nd Reading and Final Adoption of Ordinance No. 2026-18 Amending Santa Cruz Municipal Code Chapter 16.12 Pertaining to Sewer Rates and Charges (PW) LOCATION: Citywide Motion to adopt Ordinance No. 2026-18 amending Santa Cruz Municipal Code (SCMC) Chapter 16.12 “Sewer Rates and Charges” by amending Section 16.12.010 Definitions and Section 16.12.130 Sewer Main Extensions Constructed and Paid for by Property Owners, and adding section 16.12.140 Reimbursement Agreement.

Summary written by claude-opus-5 from the agenda and the Staff report (agenda packet, pages 102-110). It can contain mistakes. The official documents govern.