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APPEAL OPINION. From the California Court of Appeal, Sixth Appellate District on Friday, December 15th 2023.
On Friday, December 15, in an opinion written by Justice Wilson with concurrence of Justices Bamattre-Manoukian and Danner of the Sixth District Court of Appeal in San Jose, nullified a February 2022 Santa Clara County Superior Court ruling which ended the City of Half Moon Bay’s (HMB) lawsuit against Granada Community Services District (GCSD) and Montara Water and Sanitary District (MWSD).
In 1976, the City of Half Moon Bay, the Granada Community Services District, and the Montara Water and Sanitary District entered into a joint powers agreement (agreement), creating the Sewer Authority Mid-Coastside (authority) to develop a joint wastewater treatment and disposal system.
Specific portions of the system which the two districts initially paid to construct, but which are operated and maintained by the authority pursuant to the agreement, have recently required, and will continue to require, replacement and repair. The parties now dispute whether the City must contribute to the funding of those improvements under the terms of the agreement.
All parties sought declaratory relief as to whether the replacement and repair work at issue constitutes “maintenance” or a new “project” under the agreement—the former requiring approval and funding from every member agency, the latter requiring funding only from each agency that elects to approve and participate in the project. The parties then filed cross-motions for summary judgment as to all the complaints; the trial court granted the districts’ motions and denied the City’s, holding that the specified replacement and repair work constitutes “maintenance” under the agreement, so the City is required to fund its proportional share.
The City appeals.
We conclude the agreement is ambiguous and capable of multiple reasonable interpretations regarding what constitutes “maintenance” or a “project,” and that the extrinsic evidence is conflicting, thereby creating a triable issue of material fact precluding summary judgment. Accordingly, we reverse and remand with directions to enter a new order denying all parties’ motions for summary judgment.
Full Appeals Court Opinion as of Friday, December 15th 2023
[pdf-embedder url=”https://www.coastsidebuzz.com/wp-content/uploads/2023/12/V1-34-Slip-Opinion.pdf” title=”V1 34 Slip Opinion”]
More on the HMB vs GCSD and MWSD IPS Sewer Lawsuit on Coastside Buzz
6th Circuit Court of Appeal’s LIVE Oral Argument for the Lawsuit “Half Moon Bay vs Granada Sanitary District and Montara Water and Sanitary District”
To Protect its Ratepayers Granada Community Services District (GCSD) Rejects Tentative Lawsuit Settlement with Half Moon Bay
More on Coastside Water and Sewer on Coastside Buzz
Sewer Authority Mid-Coastside (SAM) Meetings ~ 2nd & 4th Mondays @ 7:00pm
Agendas and Zoom LinksÂ
Our regular office hours are 7:00 a.m. through 4:00 p.m., Monday through Friday, excluding holidays.The Authority can be reached 24-hours a day at:
(650) 726-0124
Sewer Authority Mid-Coastside
1000Â Cabrillo Hwy N.
Half Moon Bay, CA 94019
Regular Board Meetings are on the 2nd and 4th Mondays of each month at 7:00pm.
The Sewer Authority Mid-Coastside (SAM) provides wastewater treatment services and contract collection maintenance services for a population of approximately 27,000 in the following areas:
- City of Half Moon Bay
- El Granada
- Miramar
- Montara
- Moss Beach
- Princeton by the Sea
Barbara Dye, Vice-Chair, Representing the Granada Community Services District
Deborah Ruddock, Secretary/Treasurer, Representing the City of Half Moon Bay
Peter Dekker, Director, Representing the Montara Water & Sanitary District
Matthew Clark, Director, Representing the Granada Community Services District
Deborah Penrose, Director, Representing the City of Half Moon Bay
Granada Community Services District (GCSD) Meetings ~ 3rd Thursday @ 7:30pm
Granada Community Services District (GCSD) Agendas and Zoom Links
The District is responsible for parks, recreation, garbage and recycling services in the unincorporated areas of El Granada, Princeton, Princeton-by-the-Sea, Clipper Ridge, and Miramar.
GCSD Regular Board Meetings are held on the third Thursday of each month at 7:30 pm in the District’s meeting room, and are normally shown on Pacific Coast TV (PCT) (Cable channel 27) at 6:00 am on Wednesday and at 11:00 am Saturday following the meeting (but check the schedule as show times can vary).
Mission Statement
To protect public health and safety, preserve our environment, and maintain fiscal soundness by providing high quality service for wastewater, solid waste collection, recycling, and serving the community’s needs for parks and recreation, through responsible operations and management.
The Granada Sanitary District was formed in 1958 under the California Sanitary District Act of 1923. In October of 2014, the District was reorganized as the Granada Community Services District under California Government Code 61000 et seq. The District is responsible for parks, recreation, garbage and recycling services in the unincorporated areas of El Granada, Princeton, Princeton-by-the-Sea, Clipper Ridge, and Miramar. The District is also responsible for the sewage collection system and disposal for approximately 2,500 residences and businesses in these same unincorporated areas as well as the northern portion of the City of Half Moon Bay. Garbage and recycling services are provided by Recology of the Coast under a franchise agreement with the Granada Community Services District.
The parks and recreation function is funded by utilizing a portion of GCSD’s share of San Mateo County property tax revenues, not from sewer charges. GCSD’s goal is to provide parks and recreation services that benefit the GCSD community, with a commitment to robust neighborhood outreach on new projects.
The Sewer Authority Mid-Coastside (SAM) is a Joint Powers Authority created by an agreement between the Granada Sanitary District, the Montara Sanitary District, and the City of Half Moon Bay in 1976. The agreement called for the creation of the Authority to build and operate a commonly owned sewer treatment plant for the benefit of all three agencies. All sewage generated by the three agencies is pumped and piped to the treatment plant for treatment and eventual disposal. For more information on SAM, please visit their website at samcleanswater.org.
The District office is open Monday through Friday from 9:00 a.m. to 5:00 p.m., and is located on the third floor of 504 Avenue Alhambra, El Granada. To contact the District please call (650) 726-7093. Regular board meetings are held on the third Thursday of each month at 7:30 p.m.
GCSD Board of Directors
Board members serve four year terms, and are elected on a staggered two year basis in even numbered years. Board members receive $145 per meeting as compensation for their service on the board.
Barbara Dye – President
Nancy Marsh – Vice President
Jen Randle – Director
Matthew Clark – Director
Jill M. Grant – Director
Board members serve four year terms, and are elected on a staggered two year basis in even numbered years. Board members receive $145 per meeting as compensation for their service on the board.
Staff
General Manager:Â Chuck Duffy
Assistant General Manager:Â Hope Atmore
Legal Counsel:William Parkin, Wittwer Parkin
District Engineer:Â John Rayner, Kennedy/Jenks Consultants
Administrative Assistant:Â Nora Mayen
Granada Parks Advisory Committee (PAC)Â Agenda
The PAC was formed by the Granada Community Service Board to ensure community involvement in all phases of park planning, design and development. Seven voting members are appointed by the Board to serve two-year terms. Members receive no compensation – they are neighbors volunteering to support and benefit our community. The PAC makes recommendations regarding parks and recreation to the GCSD Board of Directors. PAC meetings are held at the GCSD office at least once each quarter and are open to the public and televised. The PAC meeting schedule and meeting minutes may be found here.GCSD owns the undeveloped “Burnham Strip” property along Obispo Street between Coronado Street and Avenue Alhambra in El Granada, which may be developed as an El Granada gateway park.
Additional potential park areas are a small GCSD-owned parcel on Capistrano Road in Princeton and the road medians in El Granada. GCSD and SMC completed a Permit Agreement in February 2018 which allows the District to make improvements to the El Granada Medians. GCSD may implement landscaping, seating, and active and passive recreational improvements on these properties, following an open and transparent community outreach process and all required permit and environmental review processes.
El Granada in 1972. Look at that big triangle of land that is now completely eroded!
Montara Water and Sanitary District (MWSD) Meetings ~ 1st & 3rd Thursdays @ 7:30pm
MWSD Agendas and Meeting Links
If you experience technical difficulties or have technical questions prior to or during the meeting, please contact MWSD’s IT support at (650) 728-7843.
Meeting Videos
Meeting Schedule
Regular meetings are 7:30pm on the first and third Thursday of each month. They used to held at the District office at 8888 Cabrillo Hwy, next to Pt Montara Lighthouse and Hostel.
To receive agendas by email, send a request to [email protected]
In addition to email, we post agendas before each board meeting:
- On the District website here
- Montara post office
- Moss Beach post office
- the bulletin board in front of the MWSD office
Who is on the Board of Directors?
| Director | Term |
|---|---|
| Scott Boyd — President | Term 2020-2024 |
| Kathryn Slater-Carter — President Pro Tem, Secretary | Term 2020-2024 |
| Peter Dekker — Treasurer | Term 2020-2026 |
| Bill Softky — Director | Term 2022-2026 |
| Carlysle Ann (Cid) Young— Director | Term 2023-2024 |
All Board members may be reached by sending an email to [email protected].
Services
Sewer Authority Mid-Coastside (SAM) – MWSD is a member of SAM, the agency that collects and cleans our Coastside community’s wastewater before it enters the ocean. SAM meets monthly on the 4th Monday at 7:30pm. Jim Harvey and Scott Boyd presently serve as SAM board members.
Recology of the Coast – MWSD has contracted with Recology of the Coast for trash pickup, recycling, and waste hauling.
Visit County Solid Waste Department for more information about recycling, composting, etc.
In an Emergency
Water Emergencies:Â Call MWSD at (650) 728-3545
Sewer Emergencies:Â Call SAM at (650) 726-0124
For emergencies that affect life, health or safety:Â Â Dial 911
Contact Us
- 8888 Cabrillo Hwy
Montara, California 94037 - Office Hours:
8:30AM to 5PM Mon-Fri - (650) 728-3545
- [email protected]
Note: Public participation is not permitted during closed session discussion items.
MSWD General Manager Clemens Heldmaier showing a creek filtration system.
Author: Coastside Buzz
Me
If the JPA is legally “ambiguous,” is this, perhaps, an opportunity to consider dissolution of the badly-created (in hindsight) JPA and creation of a new one that is more equitable for all the partners–or even breaking apart SAM? SAM’s infrastructure is so intertwined (intertied?) that dividing the system would be difficult. But, if feasible, the result could be a much more sustainable Midcoast with the physical realities and limitations of the place taken into account.