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PRESS RELEASE. From the City of Half Moon Bay December 22nd, 2023.
Half Moon Bay, CA – The City of Half Moon Bay is urging the other two members of the Sewer Authority Mid-Coastside (SAM) Joint Powers Authority (Granada Community Services District and Montara Water and Sanitary District) to renew good-faith efforts to come to an equitable, reasonable solution to the years-long litigation among the three agencies.
Since 2017, the City of Half Moon Bay has been seeking “declaratory relief” – a court judgment declaring the rights, duties, and obligations of the three members of SAM under the 1970s-era agreement which created the agency. The lawsuit stemmed from a dispute among the members as to their respective responsibilities to pay the more-than $20 million cost to replace the Intertie Pipeline System (IPS) of pipes and pump stations that carry wastewater from Granada and Montara to SAM’s treatment plant in Half Moon Bay – a system which does not serve Half Moon Bay ratepayers.
The City has consistently stated that the pipeline replacement is a capital project – not a maintenance project – and that the Joint Powers Agreement requires it to be funded only by the agencies which benefit from it, in this case Granada and Montara just as the City has separately funded improvements to lines south of the City which do not serve the Districts and the Districts have funded storage and other projects to benefit their customers.
In February 2022, the trial court granted summary judgment for Granada and Montara, and against the City. The ruling meant that City of Half Moon Bay ratepayers would have to pay millions of dollars toward the IPS replacement, for which they gain no benefit. The following month, Half Moon Bay appealed that ruling.
On December 15, 2023, the Court of Appeal issued an opinion for Half Moon Bay, reversing the trial court’s ruling. However, litigation will continue if the agencies cannot come to terms: the Court has recognized the need to distinguish “maintenance” (that all agencies pay for) from “construction” or “reconstruction” (that only the benefiting agencies pay for). This distinction is critical, as these terms result in two very different financial impacts to Half Moon Bay ratepayers who are already shouldering the costs of large capital projects within City limits – and who should not have to subsidize the cost of services to their neighbors. But it found the courts cannot determine as a matter of law how the agencies intended to make that distinction by their 1979 agreement. If the parties cannot agree, a trial on this issue will be needed, meaning more years of dispute, legal fees, and delay.
The Court’s ruling also shines a light on the deep-seated shortcomings within the SAM Joint Powers Agreement, which is woefully outdated and not functioning as it should.
The City is committed to sitting down with the other two member agencies, and working together to fix and update the SAM agreement for the benefit and protection of all three agencies’ ratepayers and the environment we share.
More on the Sewer Lawsuit on Coastside Buzz
More on the Half Moon Bay City Council on Coastside Buzz
City Council of Half Moon Bay meets ~ 1st and 3rd Tuesdays at 7:00pm
The City Council of Half Moon Bay is the City’s governing body, and consists of five elected members. The Council sets priorities and policies, makes final decisions on all major City matters, adopts ordinances and resolutions, appoints the City Manager and City Attorney, and approves the annual budget.
The City of Half Moon Bay holds district-based elections for its five city council seats. Each Councilmember is elected to a 4 year term. There are no term limits in Half Moon Bay. The City Council selects one of its members to serve as Mayor and one to serve as Vice Mayor, on an annual basis.
The Half Moon Bay City Council typically meets on the first and third Tuesday of each month starting at 7 pm at the Ted Adcock Community Center, 535 Kelly Avenue.
- streamed live on Comcast Channel 27 and Pacific Coast TV website
- the City’s website online (via Granicus)
- and on Facebook Live
- one in English (City of Half Moon Bay FB Page)
- one in Spanish (City of Half Moon Bay Recreation FB Page)
- Recorded by Pacific Coast TV (PCTV)
Members or the public are welcome to submit comments (in accordance with the three-minute per speaker limit) via email
Half Moon Bay City Council member’s Contact
Author: Coastside Buzz
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