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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
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Transcript from Preliminary Ruling on Monday, January 17th, 2022 at 9:00am by Zoom.
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Complete Preliminary Ruling from Santa Clara Court
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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
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More on Coastside Water and Sewer on Coastside Buzz
Sewer Authority Mid-Coastside (SAM) Meetings ~ 2nd & 4th Mondays @ 7:00pm
Watch remotely. Comments and questions by email.
Agendas and Zoom Links
SAM Meeting Videos via Pacific Coast TV
Contact Us
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
Our Mailing Address is:
Sewer Authority Mid-Coastside
1000 Cabrillo Hwy N.
Half Moon Bay, CA 94019
(650) 726-7833 (fax)
Regular Board Meetings are on the 2nd and 4th Mondays of each month at 7:00pm.
From time to time a meeting date may be changed, cancelled or relocated. Check the posted agenda for any changes to the normal schedule (click on links below).
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
Chair, Representing Granada Community Services District
Deborah Ruddock
Vice-Chair, Representing the City of Half Moon Bay
Kathryn Slater-Carter
Secretary/Treasurer, Representing Montara Water and Sanitary District
Dr. Deborah Penrose
Director, Representing the City of Half Moon Bay
Ric Lohman
Director, Representing Montara Water & Sanitary District
Matthew Clark
Director, Representing Granada Community Services District
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.
Granada Parks Advisory Committee (PAC) Agenda
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.
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
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 |
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 |
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: Call MWSD at (650) 728-3545
Sewer Emergencies: Call SAM at (650) 726-0124
For emergencies that affect life, health or safety: 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.