PRESS RELEASE From Montara Water and Sewer District (MWSD) General Manager, Clemens Heldmaier.

Montara Water & Sanitary District, Granada Community Services District Prevail:

City of Half Moon Bay Lawsuit Fails,
Must Pay Its Share of Sewer Authority Mid-Coastside Costs

Montara, CA – On Monday, February 7, 2022, the Santa Clara County Superior Court issued its final ruling granting Montara Water & Sanitary District (MWSD) and Granada Community Services (GCSD) District’s Motions for Summary Judgment against the City of Half Moon Bay’s frivolous 2017 lawsuit. This ends an almost five-year effort by Half Moon Bay (HMB) to renege on the Sewer Authority Mid-Coastside (SAM) contract and shift its financial obligations onto its northern partners. With this final ruling, it is clear that the City of Half Moon Bay has always been and will continue to be obligated to pay its fair share.   

The SAM agency was formed in 1976 under a Joint Exercise of Powers Agreement(JPA)  between GCSD, HMB, and MWSD, and is tasked with protecting public health and our beautiful coastal environment.

In order to serve all three communities, the partners of SAM chose to construct, own, and operate wastewater infrastructure, including the Intertie Pipeline System (IPS) and a single consolidated treatment plant. The IPS conveys wastewater from Montara and Granada (including a portion of the City of Half Moon Bay inside Granada’s boundary) to SAM’s Treatment Plant in Half Moon Bay. During heavy rain events, when increased wastewater flows can overwhelm the treatment plant, the IPS provides essential storage capacity to prevent releases of untreated sewage into the ocean. 

The Court’s ruling found ‘the IPS was constructed to be operated and maintained for its useful life’ and ‘foresaw that the IPS would eventually require replacement’. The Court agreed with MWSD and GCSD that ‘the City [HMB] must pay because maintenance includes repair and replacement of segments of the IPS based on the plain language of the JPA… The costs of lPS repair and replacement…is to be borne by all SAM members.”

For more than 45 years, SAM has operated and maintained continually aging infrastructure. Throughout the years, we have seen the benefit of three agencies working together to share staffing, maintenance, and repair costs.

In 2017, the City of Half Moon Bay abruptly sued its partners in an attempt get out of paying its share of the millions needed to maintain and repair the IPS, disregarding 45 years of financial partnership and the clear contractual language of the JPA. This action would have doubled costs for Granada, Princeton, and Montara/Moss Beach. 

MWSD and GCSD have stood firm throughout these last five years – all JPA parties must pay their fair share to operate and maintain the system. The Districts are now poised to move forward on critical repairs needed to protect our coastline.

“We are pleased to conclude this divisive chapter in SAM’s history. It is time to get back to work, together as partners, to operate and care for the wastewater system the entire Coastside relies upon,” said MWSD Board President Scott Boyd.   

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Montara Water and Sanitary District (MWSD) works every day to deliver water, garbage, and sewer services for the residents of Montara and Moss Beach. Over 6,000 residents rely on our services for their homes and businesses.

Summary Judgment: Superior Court of California Finds HMB is Responsible for Repairs to Sewer

SUMMARY JUDGMENT. From the Superior Court of California, County of  Santa Clara, Judge Christopher G. Rudy, Department 7.

The Full Summary Judgment from Santa Clara County

Transcript from Preliminary Ruling on Monday, January 17th, 2022 at 9:00am by Zoom.

Complete Preliminary Ruling from Santa Clara Court

Sewer Lawsuit: Court Denies HMB Summary Judgment “Does Not Find This Interpretation of the JPA to be Reasonable”

JANUARY 18, 2022

PRELIMINARY RULING. Stay tuned for the transcript of today’s preliminary hearing and Gregg Dieguez’s InPerspective. Thanks to Gregg for source material.

JPA stands for Joint Powers Authority between the City of Half Moon Bay, Granada Community Services District (GCSD), Montara Water and Sewer District (MWSD) and Sewer Authority Mid-Coastside (SAM).

SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA

Department 7, Honorable CHRISTOPHER G. RUDY, Presiding

Courtroom Clerk: R. Belligan

DATE: 01/18/2022 TIME: 9:00 A.M.

191 North First Street, San Jose, CA 95113

Telephone: 408-882-2170

Case Name: City of Half Moon Bay v. Granada Community Services District, et al.

Case No.: 17CV316927

The following motions are at issue:

(1) defendant/cross-defendant Montara Water and Sanitary District’s (“Montara”) motion for summary judgment as to the complaint (“Complaint”) filed by plaintiff/cross-defendant City of Half Moon Bay (the “City”);

(2) the City’s motion for summary judgment as to its own Complaint;

and (3) defendant/cross complainant Granada Community Services District’s (“Granada”) motion for summary judgment as to the City’s Complaint and its own cross-complaint (“Cross-Complaint”). Granada joins in Montara’s motion and Montara joins in Granada’s.

Analysis from Preliminary Hearing Doc

“The arguments asserted by the City in support of its motion are the same as those that it asserts in opposition to Montara’s and Granada’s summary judgment motions. That is, it maintains that it is not obligated to pay for any portion of repairs to the IPS because such repairs qualify as new “construction” under the JPA rather than maintenance. However, for the reasons articulated in detail above in the section pertaining to Montara’s motion, the Court does not find this interpretation of the JPA to be reasonable. Consequently, the City’s motion for summary judgment is DENIED.”

Complete Preliminary Ruling from Santa Clara Court

More on Coastside Water and Sewer on Coastside Buzz

Sewer Authority Mid-Coastside (SAM) Meetings ~ 2nd & 4th Mondays @ 7:00pm

Granada Community Services District (GCSD) Meetings ~ 3rd Thursday @ 7:30pm

Watch remotely. Comments and questions by email.

Granada Community Services District (GCSD) Agendas and Zoom Links

Granada Community Services District (GCSD) PCTV Videos

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 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.

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.

Board of Directors

Matthew Clark –President
Eric Suchomel – Vice President
Barbara Dye – Director
David Seaton – Director
Nancy Marsh – 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: Chuck Duffy, Dudek & Associates
Assistant General Manager: Delia Comito
Legal Counsel: William Parkin, Wittwer Parkin LLP
District Engineer: John Rayner, Kennedy/Jenks Consultants
Administrative Assistant: Nora Mayen

Sewer Authority Mid-Coastside

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.

Links to previous GCSD meetings’ videos.

The Granada Community Services District (GCSD), formerly the Granada Sanitary District, gained park and recreational jurisdiction on October 1, 2014, for the unincorporated areas of El Granada, Miramar and Princeton (i.e. the “GCSD Community”) by a positive vote of 60% of the voters in the District. This reorganization allows the district to provide parks and recreation services in addition to the sewer, solid waste and recycling services it currently provides to over 2,500 residences and businesses in the District as well as the northern portion of the City of Half Moon Bay.  Solid waste and recycling services are provided by Recology of the Coast under a franchise agreement with GCSD.

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.

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Granada Parks Advisory Committee (PAC) 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

Watch remotely. Comments and questions by email.

Agendas and Zoom Live 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

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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 mwsd@coastside.net

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

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Who is on the Board of Directors?

DIRECTOR	TERM
Scott Boyd — President	Term 2020-2024
Jim Harvey — President Pro Tem	Term 2018-2022
Ric Lohman — Secretary	Term 2018-2022
Peter Dekker — Treasurer	Term 2020-2022
Kathryn Slater-Carter — Director	Term 2020-2024

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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.

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In an Emergency

Water Emergencies: Call MWSD at (650) 728-3545

Sewer Emergencies: Call SAM at (650) 726-0124

For emergencies that affect life, health or safety:  Dial 911

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Contact Us

• 8888 Cabrillo Hwy
  Montara, California 94037
• Office Hours:
  8:30AM to 5PM Mon-Fri
• (650) 728-3545
• mwsd@coastside.net

Note: Public participation is not permitted during closed session discussion items.

MSWD General Manager Clemens Heldmaier showing a creek filtration system.

Author: mdrag

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