The Case of Half Moon Bay Vs Its Neighbors

SUPERIOR COURT OF CALIFORNIA
COUNTY 0F SAN MATEO

cquxvmmN—ROOMA
400COUNTYCENTER
REDWOOD CITY, CA 94063-1655
Rodina M. Catalano TEL (650) 261-51 00

COURT EXECUTIVE OFFICER
CLERK & JURY COMMISSIONER
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Date: September 29, 2017
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”Superior Court 0f California County 0f Santa Clara
Re: CITY OF HALF MOON BAY VS. GRANADA COMMUNITY SERVICES DISCTRICT
Case Number: 17-CIV—03092
Dear Clerk:
Pursuant to the Order for Mandatory Transfer 0f Venue signed by Judge Richard H. DuBois filed on
September 27, 2017, enclosed herewith are all documents pertaining to the above mentioned case.
Please provide new case number to Civil Clerks Office.
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Sincere]
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Mia Marlowe
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Assistant Court Services Supervisor
Original
. CIVIL UNLIMITED
CASE SUMMARY
CASE N0. 17-CIV-03092
CITY 0F HALF MOON BAY § Location: Civil Unlimited
vs. § Filed on: 07/1 1/2017

GRANADA COMMUNITY SERVICES DISTRICT, et §
al §
CASEINFORMA'I‘ION 01 Q
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File Date 07/1 1/2017 Case Type: (37) Unlimited Other Contract
MONTARA WATER AND
CITY 0F HALF MOON SANITARY DISTRICT; GRANADA Case Flags: Answer/ Response l Denial -
Filed By Filed Against Unlimited

BAY COMMUNITY SERVICES
DISTRICT Answer] Response l Denial
Cause ofAction Dcscription/Remedy

Complaint Action
001 COMPLAINT
File Date 09/05/2017
GRANADA CITY OF HALF MOON BAY;
Filed By COMMUNITY Filed Against SEWER AUTHORITY MID-
SERVICES DISTRICT COASTSIDE
Cause ofAction DescriptionfRemedy
Cross-Complaint Action
003 GRANADA COMMUNITY
File Date 08/24/2017
MONTARA WATER
Filed By AND SANITARY Filed Against CITY OF HALF MOON BAY
DISTRICT
Cause of Action Description/Rem edy
Cross-Complaint Action
OOZ-MONTARA WATER
DATE CASE. ASSIGNMENT
Current Case Assignment

Case Number
‘
I7-CIV~03092
Court Civil Unlimited
Date Assigned 07/1 1/2017
x
PA R'I’Y INFORMATION ‘
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Lead A (Jamey:
Plaintiff CITY OF HALF MOON BAY CONDOTTI, ANTHONY P
Retained
83 l-440-7289(W)
Defendant GRANADA COMMUNITY SERVICES DISTRICT WITTWER, JONATHAN

Retained
831-429-4055(W)
MONTARA WATER AN-D SANITARY DISTRICT FITZGERALD, CHRISTINE

C
Retained
650-348-5 1 95(W)
Cross GRANADA COMMUNITY SERVICES DISTRICT WITTWER, JONATHAN

Complainant Retained
83 l-429-4055(W)
MONTARA WATER AND SANITARY DISTRICT FITZGERA LD, CHRISTINE

C
Retained
PAGE OF l 5 Printed 0n 09/29/20! 7 ar I [:25 AM

. CIVIL UNLIMITED
CASE SUMMARY
CASE N0. 17-CIV-03092 650-348-5195(W)
Cross Defendan t CITY OF HALF MOON BAY CONDOTTI, ANTHONY P

Retained
83 I -440-7289(W)
Real Party In SEWER AUTHORITY MID-COASTSIDE

Interest
DATE EVENTS & ORDERS 0F THE COURT INDEX
Case Managem ent Conference (9:00 AM) (Judicial Officer: Case Management Conferences, -
11/03/2017
;Location: Courtroom 2J)
09/29/2017 z E Answer (No Fee)

Filed by: Cross Defendant CITY OF HALF MOON BAY
Cross-Complaint : 003 GRANADA COMMUNITY
09/28/2017 ‘ffl Answer (No Fee)

Cross-Complaim : 002-MONTARA WATER
09/27/2017 / /@ Order Afier Hearing

GRANTING CITY 0F HALF MOON BA Y’S MOTION FOR MANDA TORY
Hearing Type;
TRANSFER 0F VENUE
Signed by: JUDGE D UBOIS
Date Signed: 09/2 7/] 7
Complaint : 001 COMPLAINT
09/1 9/20 1 7
Motion to Transfer (9:00 AM) (Judicial Officer: DuBois, Richard
H ;Location: Courtroom 7A)
MOTION FOR MANDA TORY TRANSFER 0F VENUE
Events: 08/25/2017 Motion
09/19/20l7 r r
E Notice of Entry OfOrder
Filed by: Real Party In Interest SEWER AUTHORITY MlD-COASTSIDE
09/1 3/20 1 7 /@ Affidavit orMaiIing

Doc: STJ’P AND ORDER RE: EXPENSES AND ASSESSMENTS 0F SEWER A UTHORITY
MID-COASTLINE (Io Car! PA Nelson)
09/1 3/20 l 7 /_ Stipulation & Order

RE: EXPENSESAND ASSESSMENTS 0F SEWER AUTHORITY MID-COASTLINE
09/ 2/20 7
I I
/@ Request for Judicial Notice
IN SUPPORT OF MOTION FOR MANDA TORY TRANSFER 0F VENUE
Complaint :001 COMPLAINT
09/12/20] 7 ’I Memorandum of Points and Authorities in Reply

CITY OF HALF MOON BA Y’S REPLYIN SUPPORT OFMOTION FOR WNDATORY
TRANSFER 0F VENUE
/_
09/07/20 l 7 ProofofServicc by MAIL 0f
ANSWER T0 COMPLAINT, CROSS COMPLAINT, AMENDEDMENT T0 CROSS
COMPLAINT
PAGE 2 0F S Printed on 09/29/201 7 at l 1:25 AM

. CASE
CIVIL UNLIMITED
SUlvm/IARY .
CASE N0. 17-CIV-03092
Mailing Date: 09/06/2017
Party Served: Anomey WIT‘TWER, JONATHAN; Anomey CONDO'ITI, ANTHONY P
Complaint 001 COMPLAINT :
Cross-Complaint OOZ-MONTARA WATER :
Cross-Complainl 003 GRANADA COMMUNITY :
09/07/2017 Ex Pane Fcc Paid

Assessed lo: Real Party In Interest SEWER AUTHORJTY MID-COASTSIDE
09/06/20 7I
Statement
4
0F JOINDER AND INCORPORA TION BY REFERENCE 0F GRANADA COMMUNITY

SERVICES DISTRICTS OPPOSITION TO PLAINTIFFB‘ MOTION FOR TRANSFER 0F
VENUE
Filed by: Cross Complainant MONTARA WATER AND SANITARY DISTRICT
Complaint : 00] COMPLAINT
09/06/20 l 7 /@ Joindcr
{N OPPOSITION TO PLAINTIFF’S MOTION FOR TRANSFER 0F VENUE. ETC.
SEWER AUTHORITY MID-COASTSIDE
Filed by: Real Party In Interest
09/06/201 7 /. Amended Proofof Service by MAIL 0f

GRANADA COMMUNITY SER VICES‘ DISTRICTS ANSWER T0 COMPLAINT, GRANDA
COMMUNITY SERVICES DISTRICT’S CROSS COMPLAINT
Mailing Date: 09/05/2017
Party Served: Attorney FITZGERALD, CHRISTINE C; Attorney CONDOTTI,
ANTHONY P
Complaint 001 COMPLAINT
:
Cross-Complaint OOZ-MONTARA WATER :
Cross-Complaint 003 GRANADA COMMUNITY

:
09/06/2017 Proof of Service by MAIL of

GRANADA COMMUNITY SERVICE DISTRICTS OPPOSITION T0 MOTION FOR
MANDA TORY CHANGE 0F VENUE, ETC. served 0n SEE SER VICE LIST
Mailing Date: 09f06/2017
09/06/20! 7 Proposed Order Received

DENYING TRANSFER 0F VENUE AND APPOINTING NEUTRAL JUDGE
From: Cross Complainant GRANADA COMMUNITY SERVICES DISTRICT
:
09/06/2017 E Proposed Order Received

TRANSFERRING VENUE
From: Cross Complainant GRANADA COMMUNITY SERVICES DISTRICT
09/06/201 7 Request for Judicial Notice

IN SUPPORTOF OPPOSITION T0 MOTION FOR TRANSFER 0F VENUE,
Filed by: Cross Complainant GRANADA COMMUNITY SERVICES DISTRICT
Complaint : OOI COMPLAINT
09f06/2017
E Opposition
TO MOTION FOR MANADA TORY TRANSFER 0F VENUE
PAGE 3 OF 5 Printed an 09/29/201 7 a! I 1:25 AM

\«
. CIVIL UNLIMITED
CASE SUMMARY
CASE NO. 17-CIV-03092
.
09/05/201 7 fl ProororScmce by OVERNIGHT DELIVERY of
ANSWER T0 CROSS COMPLAINTAND CROSS COMPLAINT
Mailing Dale: 09/05/2017
Party Served: Anomey FITZGERALD, CHRISTINE C; Attorney CONDOTTI,
ANTHONY P
:
Cross-Complaint ODZ-MONTARA WATER :
Cross-CompIaint 003 GRANADA COMMUNITY :
09/05/2017 /@ Cross Complaint

Filed By: Cross Complainant GRANADA COMMUNITY SERVICES DISTRICT
CITY OF HALF
Against: Cross Defendant MOON BAY; ReaI Party In Interest SEWER
AUTHORITY MID-COASTSIDE
Cross-Complaint : 003 GRANADA COMMUNITY
09/05/2017 x E Answer (Unlimited)

Assessed to: Cross Complainant GRANADA COMMUNITY SERVICES DISTRICT
09/05/20 l 7 Cause ofAction Cross-Complaint (003 GRANADA COMMUNITY)

Filed By GRANADA COMMUNITY SERVICES DISTRICT
Filed Against Eggsgglg/SLF
MOON BAY; SEWER AUTHORITY MID-
Action Type Action
08/29/20 1 7 /_ Summons Cross-Complaint for Civil Division

Cross-Complaint : OOZ-MONTARA WATER
08/29/2017 /@ Notice
0F ERRA TA T0 CROSS-COMPLAINT
08/25/20 7 l
Proposed Order Received
GRANTING PLAINTIFF'S MOTION FOR MANDATORY TRANSFER 0F VENUE
From: Cross Defendant CITY OF HALF MOON BAY
Complaint : OOI COMPLAINT
08/25/2017 /@ Motion
FOR MANDA TORY TRANSFER 0F VENUE
Assessed lo: Cross Defendant CITY OF HALF MOON BAY

:
03/24/201 7 / Cross Complaint

Filed By: Cross Complainant MONTARA WATER AND SANITARY DISTRICT
Against: Cross Defendant MOON BAY
CITY OF HALF
Cross-Complaint : 002-MONTARA WATER
08/24/2017 L
/_ Answcr (No Fee)
Answer
08/24/20 7
1
Cause ot'Action Cross-Complaint (002-MONTARA WATER)
Filed By MONTARA WATER AND SANITARY DISTRICT
PAGE 4 OF 5 Printed on 09/29/201 7 a! l 1:25 AM

.» CIVIL UNLIMITED
CASE SUMMARY .
CASE N0. 17-CIV-03092
Filed Against CITY OF HALF MOON BAY
Action Type Action
08/1 5/2017 “/fl Notice & Acknowledgment 0f Receipt of

Dale signed: 08/01/2017
As to: Cross Complainant GRANADA COMMUNITY SERVICES DISTRICT
08/15/2017 ’fl Notice & Acknowledgment ochccipl of

Date Signed: 07/25/2017
As Io: Cross Complainant MONTARA WATER AND SANITARY DISTRICT
Complaint : OOl COMPLAINT
08f10/201 7 /fl ProororSewice on CORPORATION, LLc, etc,
QUESTIONABLE— PERSON NOTA UTHORIZED AGENT SUMMONS AND COMPLAINT.

GEORGE EVANS, ACCT. TEC
Service Date: 07/24/2017
Party Served: Real Party In Interest SEWER AUTHORITY MID-COASTSIDE
07/1 1/2017 E Notice 0f Case Management Conference
07/] ”20' 7 ’I Summons Issued/ Filed

07/1 1/2017 rrI cm: Case cover Sheet
07/1 1/2017 ,fl Complaint

Filed By: Cross Defendant MOON BAY
CITY OF HALF
Against: Cross Complainant MONTARA WATER AND SANITARY DISTRICT; Cross
Complainant GRANADA COMMUNITY SERVICES DISTRICT
07/1 1/20] 7 New Filcd Case
07/1 1/2017 Cause‘ or'Act'ioxi Complaint (001 COMPLAINT)

Filed By , MOON BAY
CITY OF HALF
Filed
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MONTARA WATER AND SANITARY DISTRICT;

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GRANADA COMMUNITY SERVICES DISTRICT
Action Type Action
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Fm \\'C| ,\1 INFORMATIOV
Cross Complainant GRANADA COMMUNITY SERVICES DISTRICT

Total Charges 435. 00
Total Paymcnts qlnd Credits o 00
Balance Due n.s_ p‘f 9/29/2017 >435. 00
Cross Defendant CITY OF HALF MOON BAY

Total Charges 495,00
Total Payments and Credits 495.00
01f
‘ " ‘
Balance D’ueh's 9/29/2017" 0.00
Real Party In Interest SEWER AUTHORITY MID-COASTSIDE

Total Charges 60.00
Total Payments and Credits 60.00
Balance Due as of 9/29/2017 0.00
PAGE 5 OF S Primed 0n 09/29/201 7 a! I 1:25 AM

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NOTICE OF CASEFTJEB@%T CONFERENCE
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ep ——on Tuesday
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DepL. --on Wednesday & Friday
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You are hereby given notice of your Case M2 n: gemeni Conference. The date, time and dep: rtment have beenwn tier) above.
l. ln accordance wiih applicable California Ruies ofthe Court end local Rules 2.3(d)1—4 and 2.3(m), you are hereby ordered
to: z ‘
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9.). ..Sgryé..a_1_i.n§_m§q_igangwts.2.9sii Ia ngofs. oisservice- on those defindams with me court \«.:1thin.eo.,days of filing
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the complaint (CRC 201. 7)
[21% b) Save a copy of Lhis notice, C: 5e Mannagemert Sta tement and ADR Informa-‘ion Sh: Eton EH named parties in ihis
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and serve completed Case Management Statement at 1“
cast 13-days before the Case Management
a c) File
Conference [CRC 212(g)]. Failure

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‘Lo do so may result 'm monetary sanctions »
'_ d) Meet and confer, in person or by te1ephone m consider each 0f the Issucs iden H
lied
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'In CRC 212(1) no 1amer Lh>n
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30—days before the date set for the Case Management Conference:
[\J .if IT,” fan L0 .ouo u Lha orders above, youa re 0rd: red to sancLioned. The Order snow cause why you should not be
~to Show Cause hearing will be at the sametime as the Ceca_
Conf er:nce hearing. Sanctions may Managemmt
include monetary, evidentiary 0r issue sanctions as well as striking pleadings and/or dhmisscl.
Continuances of Case Management Conferences are highly disfavored unkess good cause is shown
°arti=s may proceed to ah appropria te dispute resoiution process (”ADR”) by filing a Stipma ion ”m ADR and Pmposad
Order (see attached form). if plaintirf files a St lpuiation t0 ADR and Proposed Order eleating Lo proceed Lo judiciai
arbitration, the Case Management Conference will be taken off the court calendar and the case will be reIerrcd tlo
Lhe
arbitration Administrator. lf plaintiffs and defendants file a completed stipulation to another ADR proccss (e g,
ficdncuon) 10—3235 prior to the first scheduled Case Management Conference thn Case Manngncnt Confcrcnce wiH be
continued foi 90-days to allow parties time to comp1ete their ADR sessién. The court will notifii parties 0f Lhelr new Cass
Management Conference date.
if you have file d a default or a judgment hes been entered, your c: 5e is not automaticany taken cm" Case Management
Conference Calendar. If ”Does”, "Ross," etc. are named in your complaint, they must be dismissed 1n order Lo close the
case. If any party is in bankruptcy, the case is stayed on1y as tothat named party
You are further order: d to appear in person* (or thiough your attorney 0f record) at ihe Case Management Conferenca
noticed above You must be thoroughly
The Case Management judge wiil issue

familiar with the case and
orders at the conclusion of the conference that rn
ful1y authorized to procpad
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a) Referring partiesto voluntary ADR and set ting an ADR completion date; l. ’{Ln u ,,.
b) Dismissing or severing claims or parties;
c) Setting a trial date. mi :uH

8. TheCasemanagemenfiudge‘maybefhetrialjudgeinthis case.
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For further inbrmation regarding case management policies and procedures, see the court s vvebsn ‘_ BALI 'JVJVLSBDmEiEUCDUTt.Ofg
I—phamc appearances at case management conferences ore ovoiIabfe by contacting CourrCoU, LLC, dn independent vendor at Inastfue busrness days pngr
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ANTHONY P. CONDom, State Bar No.

TCondotfi@bc- law. com
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Government Code § 61 03
ATCHISON, BARISONE, CONDOTTI & K QWQWI-Céi A m:
333 Church Street ub
Santa Cruz, California 95060 -
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Telephone: (83]) 423-8383 5U Ex
Facsimile: (831) 423- 9401
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MICHAEL G. COLANTUONO,
MColantuono@chwlaw. us
State Bar N0. 143 5 5 1 0 FILED
BAN MATEO COUNTY
PAMELA K. GRAHAM, State Bar N0. 216309
PGraham@chwlaw.us
SEP 2 8 2017
EDUARDO JANSEN, State Bar NO. 302757
Elanscn@chwlaw.us
FAX
COLANTUONO, HIGHSM'ITH & WHATLEY, PC
420 Sierra College Drive, Suite 140
Grass Valley, California 95945-5091
BY Telephone: .(530) 432-7357
10
Facsimile: (530) 432—7356
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Attorneys for Plaintifi
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Whutlev‘
‘12 CITY OF HALF MOON BAY
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SUPERIOR COURT 0F THE STATE 0F CALIFORNIA
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FOR THE COUNTY 0F SAN MAng
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CITY 0F HALF MOON BAY, amunicipaj CASE NO.
Colantuono,
corporation, Unlimited Jurisdiction
420
.17
Plaintifi, (Case assigned to Hon. Robert Foiles)
18
v) PLAINTIFF CITY OF HALF MOON

19
BAY’S ANSWER T0 DEFENDANT
20
GRANADA COMMUNITY SERVICES MONTARA WATER AND SANITARY
DISTRICT and MONTARA WATER AND DISTRICT’S CROSS-COMPLAINT FOR
2] SANITARY DISTRICT, DECLARATORY RELIEF
/3 C 22 Defendants. Complaint Filed: July 11, 2017
//
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and
24
SEWER AUTHORITY MlD-COASTS HDE,
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Real Party Iri Interest. I ANSNF
26 Answerflln Fee)
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PLAINTIFF CITY OF HALF MOON BAY’S ANSWER

TO DEFENDANT MONTARA WATER AND SANITARY DISTRICTS CROSS-COMPLAM
15483“
.—25
MONTARA WATER AND SANITARY Cross—Complaint Filed: August 24, 201 7
DISTRICT, a public agency
Cross«Complainant,
V.
CITY OF HALF MOON BAY,

Cross~Def§dmt,
and
SEWER AUTHORITY MID-COASTLINE,

Rea] Party in Interest.
10
PC
11 GRANADA COMMUNITY SERVICE Cross-Complaint Filed: September 5, 201 7
140 DISTRICT,
Whutley,
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SUITE
95945-7366
Cross—Complainant,
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College
Valley.
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Cross-Defendant,
Slalro
Glass
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Colantuofio.
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and
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SEWER AUTH ORITY MID—COASTLINE,
l9 Rea] Party in Integest.
20
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23
24
25
26
27
23
PLAINTE'F CITY OF HALF MOON BAY’S ANSWER

T0 DEFENDANT MONTARA WATER AND SANITARY DISTRICI"S CROSS-COWLAINT
1843311
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Plaintiff City ofHélfMoon Bay (“City") hereby answers the Cross—Complaint for
Declaratory Relieffiled by Defendant Montam Water and Sanitary District (“Montara” or “Cross-
Complainant”) on or about August 24, 2017, as amended by Montara’s Amendment to Cross-
Complaint-for Declaratory Relief flied on August 29, 2017, by admitting, denying and/or alleging as
follows:
I. The City admits the allegations in Paragaph 1.
The City admits the allegations in Paragraph 2.
:59.” The City admits the allegations in Paragraph 3.
The City admits the allegations in Paragraph 4.
10 S. 1n answering Paragraph S, thé City admits that Sewer Authon'ty Mid—Coastside
PC [I ("Authority") operates a secondary wastewater treatment and di3posal system which is comprised of
140
Whaney. 12 a treatment plant, an ocean outfall pipeline, and a collection system. The City further admits that
SUITE
959A5-7356
8c 13 pursuant to the 1976 Joint Exercisc'bfPOWCrs Agreement (“IPA"), the Authority is empowored to
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'14 develop, construct, and owu ajoint waste collection, transmission, treatment disposal, and
HIghsml‘Ih
College
Valley. 15 management system for wéstewater‘ received fiom the ssparate sanitary sewer collection systems
Sleuo
Grass
16 owned by the City, Montarg, and Granada Community Services District (“Granada”). The City
Colaniuono.
a20
17 further admits thafthc Intertie Pipe System (“Intgrtie”) is a sewer force main and associated tanks,
18 pumfis, 'and mechanical and electrical components that conveys wastewater fiom Montara’s and
19 Granada’s sewer collection systems t0 thé Authority’s treatment plant in the City of Half Moon Bay.
20 Except as expressly adrnitfeda the City denies each and every allegation in Paragraph 5.
21, 6. In answering Paragraph 6, the City admits phat, upbn the formation of the Authority in
22 1976,'the plan for the secondary wastewater treatment and disposal system contained four
23' Ito
components, which were be built in two Phasm. The City admits that Secfion IV, para. (B)(1)(a)
2L: of the IPA reads (with emphasis added):
25 Phase I of the system is composed of the following three componmts, With
26 capacity rights, constmction costs, and operation and maintenance expenses being
27 shared as specified below (i) An Intertie pipeline and attendant pumping
28 facilities, connecting the Momara and Granada systems to a new ocean outfall, .
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PLAINTEF CITY OF HALF MOON BAY’S ANSWER 32‘
TO DEFENDANT MONTARA WAI'ERAND SANITARY DISTRICTS CROSS-COMIPLAINI‘ (ch

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shared equally between Montara and Granada; (ii) An ocean outfall pipeline
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and attendant pumping facilities, discharging the combined treated efiluents from
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the three member agencics' tmahnent systems into the ocean adjacent to the
existing but presently inoperative Half Moon Bay outfall line, shared one-half
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(1/2) by Half Moon Bay, one-quarter (1/4) by Montara and one—quarter (1/4) by
Granada; (iii) A reclamation pipeline and attendant pumping facilities, to carry
secondarily treated emuent from the treatment plant at the Half Moon Bay site
south to the golf course and .adjacent agricultural and floricultural lands, and
being solely assigned to'HanMoon Bay.
The City fithher admits that the lntertie consists 0f approximately 7.3 miles of pipeline and four
PC ll pump stations to collect and tmnsmit the flow 0f wastewater created by Montara and Granada for
MO
Whatley.
12 treatment and di3posal. The City filrther avers that the IPA and its amendments, which define the
SUITE
95945~7356
a Pment Project and its co’mpofients and phases, are documents ihat Speak for themselves and arc the
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as.
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CA 14: best eyidencé of their contents. Except expressly admitted, the City denies each and every
A
College
Volley.
15 remaining allegation in Paramph 6.
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16 7. In rwponsg to Paragraph 7, the City admits that the IPA, as amended, outlines
Colahiuono.
presented as two altemativwv— either é single plant (“one single

420
17 Phase 2 ofthe plroject; which ié
18. secondary activated sludge Eéaupent plan loéated at the site of the existing Half Moon Bay
19 treatment plan facilities, and designed to treat the combined flows fi'om the individual collection
20 systems of the member agenciw”) or three sgparate treatment plants in the City, Montara, and
21 Granédg, as outlined in the JPA and its améndments. The City further admits that the member
22 agencies chose the first altemau've of a single plant. The City avers the IPA and its amendments are
23 documents that Speak for themselves and are the best evidence of their contents. Except as expressly
24 admitted! the City denies each and every remaining allegation in Paragaph 7.
25 8. In answ-ering Paragraph 8, the City admits that under the IPA, a member agency’s
26 share of the obligation to fiznd the Authority’s general fund is based on its share of flows to the
27 Authority’s plant. The City fiu'ther admits that the IPA provides thaf an annual Genera} Budget shall
28 be prepared by the Authofity and submitted to the governing bodies of the member agencies for
2
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PLAINTIFF CITY OF HALF MOON BAY'S ANSWER
TO DEFENDANT MONTARA WATER AND SANITARY DISTRICTS CROSS-COMPLAINT
18483”
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approval, and specifics that final approval by the Authority shall require the pn'or consent 0f all
.
member agendas. The‘City-avers the IPA and its amendments, Specifically in how it defines a
H.
project budget, general budget, and allocation of expenditures, are documents that speak for
themselves and are the best evidence 0f their contents. The remainder of the allegations in
.._...._...,_.u_.-._m.«m
Paragraph 8 consist entirely oflegal theory, conclusions, and argument requiring no response.
md
_‘.
However, to the extent that Paragaph 30 contains any factual allegations, the City denies each
‘
every allegation contained therein.

z
9. In answering Paragraph 9, the City admits that since the creation ofthe Authon'ty, the
City has funded many projects associated with the Authority, and that it has gone above and beyond
10 its legal obligations as a member of the Authority. The City avers the allegations in Paragaph 9
PC
11 consist entirely oergaI theory, conclusions, and argument requiring n0 response. Howcvér, to the
MO
Whafley‘ 12 czxtent that Paragraph 9 contains any factual allegations, the City denies each and every allegation in
SUITE
95945-7356
a 13 Paragraph 9.
Drive.
nghsmlth
CA
14 10. The City avers the allegations in Paragraph 10 consist entirely of legal theory,
College
Volley,
15 conclusions, and argument requin'ng no rqsponse. However, to the extent that Paragraph 10 contains
Slerm
Glass
16 any factual allegaiions, the City denieé-each and every allegation contained therein. The City further
Colantuona.
420
17 avars the IPA, as a_mended, is a docmnent that speaks for itsélf'and is the best evidence ofits
I
18 contents.
19 11. In answering Paragraph 11, the City admits that 0n June 12, 2017, the Authority,
20 Granada, and Montara approved th; General Budget as presented, but the City only approved a
21 portion ofthe General Budget, specifically declining t0 approve the pOrtion of the General Budget
22 chmctefized as the “Infiash'ucture Division.” The City avers that the Stipulation and Order
23 Regarding Expensw and Assessments of Sewer Authority Mid-Coastside, entered by the Court on
24 September 13, 2017, is a document that speaks for itselfand servw as the best evidence ofits
25 contents. The City avers the remaining allegations in Paragraph 11 consist entirely oflegal theory,
26 conclusions, 'and argument requiring no response. However, to the extent that Paragraph 11 contains
27 any addifional factual allegations, the City denies each and every allegation contained therein.
>23
3
PLAINTFP CITY OF HALF MOON BAY’S ANSWER
T0 DEFENDANT MONTARA WATER AND SANITARY DISTRICTS CROSS-COMPLADIT
134831.]
12. In answering Paragraph 12, the City admits that on June 12, 2017, the Authority,
Granada, and Montara approved the Genera] Budget as presented, but the City only approved a
portion of the General Budget, specifically declining to approve the portion 0f the thera] Budget.
characterized as the “Infiastmcture Division.” The City avers ihat the Stipulation and Order
Regarding Expenses and Assessments of Sewer Authority Mid-Coastside, entered by the Court on
September 13, 2017, is a document that speaks for itself and servw as the best evidence ofits
contents. The City avers the remaining allegations in Paragraph 12 consist entirely oflegal theory,
conclusions, and argument requin'ng no response. However, to the extent that Pafagraph 12 contains
any additional factual allegations, the City denies each and every allegation contained therein.
10 13. The City avers the allegations in Paragaph l3 consist enfirely of legal theory,
PC ll conclusions, and argument requiring no response. However, to the extent that Paragraph 13 contains
MO
Whulley.
12 any additional factual allegations, the City denies each and every allegation contained therein.
SUITE
95945-7356
a I3 14. The City avers the allegations in Paraggph 14 mnsist entirely of legal theory,
Ortve.
nghsmlth
CA I4 concItIsious, and argument requiring no respouse. HOWever, to the extent that Paragraph 14 contains
Collage
Vollev.
15 any additional factual allegations, the City denies each and every allegation contained therein.
Slelra
Glues
16 ‘15. The City avers the allegations in Paragréph 15 consist entirely oflegal theory,
Colan1uono.
420
‘17 conclusions, and argument requin'ng no respOnse. However, to the extent that Paragraph 15 contains
18 any additional factual allegations, the City denies ea'ch and every allegation contained therein.
I9 16. The City avers the allegations in Paragraph 16 consist entirely oflegal theory,
20 conclusions, and argument requiring no response. However, to the extent that Paragraph 16 contains
21 any additional factual aflegafions,,the City denies each and every allegation coutained therein.
22
23 I
AFFIRMATIVE DEFENSES
24 Without admitting any allegafions in the Cross-Complaint 0r assuming the burden ofproof
25 for any of the following claims, defenses, or issues, the City is informed and believes, and upon such
26 information and belief alleges, as follows:
27
28
4
‘
T0 DEFENDANT MONTARA WATER AND SANITARY DISTRICTS CROSS-COIWPLADQT
184%].1
;
Hkuw‘h".
FIRST AFFIRMATIVE DEFENSE
(Failure to State a Cause ofAction)
1. AS A SEEARATE DEFENSE, neither the Cross-Complaint nor any cause of action in

the Cross-Complaint states facts sufiiciem to constitute a cause of action or finding against the City.
SECOND AFFIRMATWE DEFENSE '
(Attorney Fees Not Recoverable by Cross;
Complainant)
2. AS A FURTHER SEPARATE DEFENSE, the Cross-Complaint fails to set forth

facts that constitute a basis for an award of attorney fees to Cross—Complainant.
V
10 THIRD .AFFIRMATIVE DEFENSE

PC ll (Costs of Suit Not Recoverable by Cross-Co’mplainant)
ldo
Whafley. 12 3. AS A FURTHER SEPARATE DEFENSE, the Cross-Complaint fails to set forth facts
SUIIE
an award of costs of suit against the City and 'm favdr of Cross-
95945-7356
E: 13 that constitute a basis for

Drive.
nghsmlfh
CIA
14 Complainant.
College
Valley.
15 FOURTH AFFIRMATWE DEFENSE
sierra
Grass
16 (Waiver! Estoppel)
Colonluono.
420
l7 4. As A FURTHER SEPARATE DEFENSE, the Cross_comp1ainaut is haired by the
'as‘
l8 doctrine ofwaiver andlor by action of law or 'conduct frOm the claims élleged in the Cross-
19 Complaint
20 FIFTH AFFIRMATIVE DEFENSE

21 (No Equitable Relief) WA
5. AS A FURTHER SEPM DEFENSE, the Cross-Complainant is not entitled to
23‘
any relief in equity because the balance of harms 'does not warrant equitable relief.
‘
24 SIXTH AFFIRMATIVE DEFENSE

.
25 (Unclean Hands)
26 6. AS A FURTHER SEPARATE DEFENSE, the Cross—Complainant 1's baited under the
27 equitable doctrine of unclean hands and any other applicable equitable doctrines.
28
‘-
an».
5
PLAINTIFF CITY OF HALF MOON BAY’S ANSWER ,
-;-{~:.~'C€L-v.a
TO DEFENDANT MONTARA WATER AND SANITARY DISTRICT’S CROSS-COMPLAINT

18481.1 ~;-
‘
.-,..._. . m, . n . v
J&Qschw:
.~)I
Md;-
SEVENTH AFFIRMATIVE DEFENSE

(Additional Defenses)
7. The City has insuficient information and knowledge at present on which to form a
belief as to whether it may have additional, as yet unstated, defenses to this suit. The City reserves
.‘uucnxl-fl'iiu
the right to assert additional defenses if finther investigation indicales such affiunative defenses
'J“.7\l
would be appropriate.
WHEREFORE, the City prays forjudgmcnt as follows:

l. That declaratory reliefbe denied to Cross-Complainant;
2. That the Coun issue judgment fully in favor ofthe City on the Complaint;
PC
3. That the Cros's—Complaint be dismissed with prejudice and judgment entered in favor
I40
Whatley.
12 of the City;
SUIIE
959454356
St
‘13 4. That thé Court award the City its costs, attomey fees, and related expenses;
Drive.
nghsmlth
CA
14 5. That Cross—Complainant fake nothing by this action; and
College
Volley.
15 6. That the Court gent such‘other relief és the Court deems just and proper.
Slelra
Gross
16
Colanluono.
420
l7 DATED; September 28', 20'17 -
ANTHONY P. CONDOTTI
City Attorney, City ofHalf Moon Bay.
18
COLANTUONO, HIGHSMITH &
l9 WHATLEY, PC
.20
2]
-
gmam jwm}
MICHAEL G. COLANTUONO
22 PAMELA K. GRAHAM
EDUARDO JANSEN
23
24
25
26
'27
1‘
28 _
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-..
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6 it‘ll“
PLAINTIFF CITY OF HALF MOON BAY’S ANSVJER

'I‘O
DEFENDANT MONTARA WATER AND SANITARY DIS’I'RJCT’S CROSS-COMPLAINT iE-f-ifi;
134831.! u:
“.m.‘ N. v v .H.. ,,. .. .,‘.‘......_.,. m” ... ‘a'

PROOF OF SERVICE
Cizy ofHab’Moon Bay v. Granada Community Services District, e! a1.
San Mateo County Superior Court Case. 17 CIV 03092
I, Ashley A. Lloyd, declare:
I am employed County ofNevada, State of California. I am over the age of 18 and not
in the
a party to the within action. My business address is 420 Sierra College Drive, Suite 1'40, Grass
Valley, California 95945-5091. On September 28, 2017, I served the document(s) described as
PLAWTIFF CITY OF HALF MOON BAY’S ANSWER T0 DEFENDANT MONTARA
WATER AND SANITARY DISTRICT’S CROSS-COMPLAINT FOR DECLARATORY
RELIEF on the interested partiw in this action addressed as follows:
SEE ATTACHED LIST

10
. BY MAIL: By placing a true copy thereof enclosed in a Scaled envelope. The
PC
enveloPe was mailed with postage thereon fiJlly prepaid. I am readily familiar with the film’s
11
practice of collection and processing correspondence for mailing. Under that practice it would be
I40
Whutley.
12 deposited with the U.S. Postal Service on that same day with postage thereou fully prepaid at Grass
Valley, California, in the ordinary course of business. I am aware on motion ofthe party served,
SUIIE
that
95945-7356
8L
13 service is presumed invalid if the postal cancellation date or postage meter date is more than one day
Drive.
'
afier service of deposit for mailing in afidavit

nghsrnIth
CA
l4
College
‘
I declare under penalty ofperjury undér the laws of the Stateof California that the abOVc is
Valley.
15
true and conect.
Slena
16
Grass
Executed on September 28, 2017, at Grass Valley, Californi'a.

Colan'iuono.
420
17
18
‘
Ashiey A. Lloyd
‘19
/
20
21
23
24
2S
26
27
28
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PROOF OF SERVICE "21*!
[84331.1
..-,..,4, .
PROOF 0F SERVICE
City ofHalfMoon Bay v. Granada Community Services District et a!
San Mateo County Superior Court Case. l7 CIV 03092
Jonathan \VltrWBr David E. Schn'cker

William P. Perkin Law Office of David E. Schricker
Nicholas Whipps 563 South Murphy Avenue
Wittwer Parkin LLP Sunnyvale, CA 94086
147 River Sheet South, Suite 221 Telephone: (408) 5 1 7-9923
Santa Cruz, CA 95060 Facsimile: (408) 900-8225
Telephone: (83 1) 429-4055 Email: dschficker@schrickerlaw.com
Facsimile: (83 1) 429—4057 Attorneysfor Defendant
Email: jonathan@wittwerparkin.com Monrara Water and Sanitary District U
Email: wpafldn@wittwerparldn.com
Email: nwhipps@wittwerpar1dn.com
10
Attorneysfor Defendant
PC
Granada Community Services Distrz'cl
ll
s
MO
Whutley,
12
SUITE
?5945-7350
Chrisu'nc C. Fitzgerald RA. Nelson
Charles
8t
13 Fitzgerald Law Offices Maddow, Nelson & Judson
Bold, Polisner,
Dtlve,
345 Lorton Avenue, Suite 301 2125 Oak Grove Road, Suite 21 O
14
Highsmlth
CA
Burlingamc, CA 9401 0 Walnut Creek, CA 94598
College
Telephone: (650) 348-5 195 Telephone: (925) 933-7777
Valley.
15
Facsimile: (650) 23 9~1 207 Facsimile: (925) 933-7804
Slam:
Glass
16 Email: fitzgemldlaw@sbcgloba1.net Email: cnelson@bpnmj.oom
Colantuono.
Attorneysfor Defendant Email: tyan@bpmnj .com -
420
17 Montara Water and Sanitary District Email: cjudson@bpmnj.com
‘v..-..
Email: snagle@bpnmj.com
18
Attorneysfor Real Party in Interest -
19
SewerAurhority Mid— Coastline
.20
21
CltyofHalfMoon Bay -
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22
»
Atchison, B'ansone, Condotti & Kovacevxch t.
'23 333 Church Street ,

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Santacmz, 9506b
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24 Telephone. ,(831) 423 8383

Facsimile: (831) 423- 9401'
25 Email: TCondorti@abo—law. com
Attomeysfir Plainnfi‘
26
Cigi ofHalfMoon
Egym
27
».
23
2
’ PROOF OF SERVICE
134831.]
. -.__‘.H. A, u ‘
STATE OF CALIFORNIA
COUNTY OF SAN MATEO
I Rndim M. Camlmo. Ihc Clerk ul'lhc Supeflm (hm ol'lhc above
ulead County. do hueby cmHy 11m: IMF rains La u flu! true
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CARL P NELSON
A. cnclsonfiflbpmni .con )
(c SBN 1 1511 8
T1M0T_I{YJ. RYAN (u vanaabpmnj com)SBN83fi57 DCT—
—3 IO
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A Elmadg
CRAIG L JUDSON c
(c iudsonQabpmni .com) SBN 114926
SHARON M NAGLE (snnuglcflbpmni. com) SBN ”glfiRK 0F THE COURT
Bold, Polisner, Maddow, Nelson & Judson R! 0R COURT OF C
TY $993M TADCUSI,
A Professional Corporation 63:9
2125 Oak Grove Road, Suite 21 0 ——~—w- Cb
Walnut Creek, CA 94598 By
(925) 933-7777 —, Telephone
OOOOHONLI‘IQUJNF‘
SCANNED (925) 933-7804 — Facsimile
Attorneys for Real Party In Interest Sewer Authority Mid—Coastside
1 "3’ C V 3 1 6 92 7
SUPERIOR COURT 0F CALIFORNIA
FOR THE COUNTY OF SAN MATEO

CITY OF HALF MOON BAY, a municipal )
CascMG-I-V-m
corporation, )
I , ) NOTICE 0F ENTRY OF ORDER

Plamnff,
) (0N STIPULATION) REGARDING
) EXPENSES AND ASSESSMENTS
am VS:
) OF SEWER AUTHORITY MID-
) COASTSIDE
N—nu—p—an—II—Ip—ap—p—oh—t
GRANADA COMMUNITY SERVICES )
>
‘
DISTRICT and MONTARA WATER AND )

OOWflQM$bJN~
SANITARY DISTRICT, )
Complaint Filed July 11, 2017
///3 ,
)
(Assigned to Hon. Robert Foiles, D. 21 1
Defendants. 4
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[Exempt from filing fees]
1' "’a-(Gov. Code. §6103)
Real Party In Interest .. A
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FAX
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‘ _. TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD" '
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NOTICE IS HERFBY GIVEN that on September 13, 2017 an Order Regarding Expenses
Nw ahd Assessments ofSewcr Authority Mid- Coa3131de was duly entcred m the form attached hereto
—
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N fh as Exhibit] 1
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m4 Daled;Septembcrl'5,2017 j
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w inx -BOLD,. POLISNER MADDOW NELSON &JUDSON
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arlPTA. Nelson, Attorneys for Real Party In Interest
Mu 1M mm ;
'
1 NOTICE OF ENTRY OF ORDER
Regarding Expenses and Assessments ot Sewer Authority Mid Coastsidc
Q Q
PROOF 0F SERVICE
l, the undersigned, hereby declare that I am over the age 0f eighteen years and not a party
to the within action. My business address is 2125 Oak Grove Road, Suitc 210, Walnut Creek,
California, 94598.
On the date indicated below, I served the within -
NOTICE OF ENTRY 0F ORDER (0N STIPULATION) REGARDING EXPENSES AND

ASSESSMENTS OF SEWER AUTHORITY MID-COASTSIDE
upon the following at the address(es) stated below:
Anthony P. Condotti Attorneys f0} Plaintiff, City of Half Moon Bay

Atchinson, Barisone, Condotti & Kovacevich Tel: 831-423-8383 / Fax: 831-423-9401
333 Church Street Email: Acondotti@ABC-Law.com
10 Santa Cruz,CA 95060
11
Michael G. Colantuono/ Pamela K. Graham Attorneys for Plaintiff, City of Half Moon Bay
12
Eduardo Jansen Tcl: 530-432-7357 / Fax: 530-432-7356
13 Colantuono, Highsmith & Whatley, PC Email: MColantuono@chw1aw.us

420 Sierra College Drive, Suite 140 Email: PGraham@chwlaw.us
14 Grass Valley, CA 95945-5091 Email: EJanscn@chwlaw.us
15
Jonathan Wittwer / William Parkin Attorney for Defendant Granada Community

16
Nicholas Whipps Services District
17 Wittwer Parkin LLP Tel: 831-429-4055 l Fax: 83 1-429-4057
147 S. River Street, Suite 221 Email: jonathan@wittwerparkin.com
18 Santa Cruz, CA 95060 Email: wparkin@wittwerparkin.com
Email: nwhipps@wittwerparkin.com
19
20
David E. Schricker Attorney for Defendant Montara Water and
21 Law Office of David E. Schricker Sanitary District
563 S. Murphy Avenue Tel: 403-5 17-9923 / Fax: 408-900-8225
22 Sunnyvale, CA 94086 Email: dschricker@schrickerlaw.com
23
Christine C. Fitzgerald Attorney for Defendant Montara Water and
24 Fitzgerald Law Offices Sanitary District

345 Lorton Avenue, Suite 301 Tel: 650-348-5195 f Fax: 650-239-1207
25 Burlingame, CA 94010 Email: fitzgeraldlaw@sbcglobal.net
26
x By UNITED STATES MAIL, I enclosed the documents in a sealed envelope or package
27
addressed to the persons at the addresses listed above and placing the envelope for collection and
28 mailing, following our ordinary business practices. I am readily familiar with this business’s
PROOF OF SERVICE
practice for collecting the processing correspondence for mailing. On the samé day that
correspondence is placed for collection and ma‘iling, i1 is deposited in the ordinary course of
business with the United States Postal Service, in a sealed envelope with postage fully prepaid.
_ By OVERNIGHT DEIVERY, I cnclbsed the documents in a sealed envelope or package

provided by the overnight delivery carrier and addressed to the persons at the addresses listed
above. I am readily familiar with this business’s practice for collecting the processing
correspondence for overnight delivery. And, on the same day I placed the envelope or package for
collection and overnight delivery at an office or a regularly utilized drop box of the overnight
delivery carrier.
BY CM/ECF ELECTRONIC SERVICE, I electronically filed the foregoing with the Clerk
0f Court using the CM/ECF system which will automatically send email notification of such
filing t0 the email addresses listed above.
By ELECTRONIC TRANSMISSION I transmitted a PDF version of this document by

10
Electronic mail to the party(s) identified above.
11
I declare under penalty ofperjury under the laws of the State of California that the
12
foregoing is true and correct, and that this declaration was executed on September 18, 201 7, at
13V
Walnut Creek, California.

14
15
16
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Shanno’firiw‘fihh
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.17
18
19
20
21
22
23
24
25
26
27
28
2
PROOF OF SERVICE
Exhibit’l
ENDORSED FILED
_
SAN MATEO COUNTY
CARL RA. NELSON <cnclsongaszmnj.com) SBN 15118 1
r
TIMOTHY J. RYAN manila bpmnjxom) SBN 83775 SEP 1 3 2017 '
CRAIG L. JUDSON (ciudsonfibbpmni.com) SBN 114926 ,
CI ark 0f ”19
SHARON M. NAGLE (snagle@bpmnj.com) SBN 179124 B‘ Superlor Coun
Bold, Polisner, Maddow, Nelson & Judson y - ‘ I
P
[DE-P V
A Professional Corporation WCLEHK‘”

2125 Oak Grove Road, Suite 210
Walnut Creek, CA 94598
OWWMONMLUJNH
(925) 933-7777 — Telephone
(925) 933-7804 — Facsimile
Attorneys for Real Party 1n Interest Sewer Authority Mid-Coastside
SUPERIOR COURT OF CALIFORNIA

CITY OF HALF MOON BAY, a municipal corporation,) Case No. 17 CIV 03092
. .
)
._-.—-._.._.._.
bmwv—n
Plaintlff,
) STIPULATION AND ORDER
) REGARDING EXPENSES
VS-
r ) AND ASSESSMENTS OF
) SEWER AUTHORITY MID-
GRANADA COMMUNITY SERVICES DISTRICT ) COASTSIDE
.._J and MON'I‘ARA WATER AND SANITARY
) ’
<1: 15 DISTRICT: Assi ned for purposes

) all to
Z Defendants.
)
)
The
Dept.
on.
’
¥
£2 and
g
[Excm t'from
(Gov. Ode. §6103)
filing fees]
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o: MNr—Ab—t—nL—a
SEWER AUTHORITY MID-COASTSIDE )
C) F‘OKDOONQ
)
Real Party In Interest

3
_
1
IT IS HEREBY STIPULATED by and among Plaintiff CITY OF HALF MOON BAY,

Defendants GRANADA COMMUNITY SERVICES DISTRICT and MONTARA WATER
AND SANITARY DISTRICT, and Real Party In Interest SEWER AUTHORITY MID-
COASTSIDE, through their reSpective attorneys, as follows:
1. The above-captioned litigation is brought by Plaintiff CITY OF HALF MOON

BAY (“CITY”) against the defendants hereto and real party in interest herein to obtain a judicial
declaration of the panies’ respective rights and obligations under thc February 3, I976
Agreement Creating The Sewer Authority Mid-Coastside, as revised by Amendments ] through
8, hereinafter called “the JEPA,” principally with respect to whether cenain activities (119., work
1 STIPULATION AND ORDER
Regarding SAM Expenses and Assessments
9- ¢-
related to the “intertic pipeline and attendant pumping facilities;’) are properly included within
“[t]he total expenses of operation and maintenance of all of the components 0f the Present
La.)
Project” to “be shared in a manner based on flows into the single consolidated treatment plant
facility” 0r separate “Proj ects” regarding which each Member Agency may Choose whether or
not “to be a participant.” (Terms in quotes are from the JEPA as amended.)
OQOOQO‘xUl-JL
2. Defendant GRANADA COMMUNITY SERVICES DISTRICT (“GCSD”) is and,
at all times relevant herein, was a local agency duly organized under the Sanitary District Law of
1923, and now is existing and authorized under the Community Services District Law, with its
principal place ofbusiness in E1 Granada, San Mateo County, California.
3. Defendant MONTARA WATER AND SANITARY DISTRICT (“MWSD”) is and,

11 at all times relevant herein, was a local agency duly organized under the Sanitary District Law of
12 1923 also exercising the powers 0f a county water district pursuant to Health and Safety Code
13 Section 65 12.7, and now is existing and authorized as a Water and Sanitary District, with its
14 principal place'of business in Montara, San Mateo County, California.
15 4. The Real Party In Interest, SEWER AUTHORITY MID-COASTSIDE (“SAM”),
16 is and, at all times relevant herein, was a joint powers agency duly organized under the JEPA,
17 pursuant t0 the Joint Exercise 0f Powers Law, Government Code section 6500 er seq. SAM’S
18 Member Agencies arc CITY, GCSD and MWSD.

19 5. The JEPA provides that an annual General Budget shall be prepared by SAM and
20 submitted to the governing bodies ofthe Member Agencies for approval, and specifies that final
21 approval by SAM shall require the prior consent of all Member Agencies. On June 12, 20] 7, the
22 SAM Board submitted t0 each Member Agency for approval a General Budget for Fiscal Year
23 2017-201 8. GCSD and MWSD approved the General Budget as presented, but CITY only
24 approved a portion 0f the General Budget, specifically declining to approve the portion ofthe
25 General Budget characterized as the “Infrastructure DivisiOn,” which includes the repair and
26 replacement 0f a segment of the Intertic Pipeline System (from Stations 51+50 to 73+50) and the
27 repair and replacement of a surge tan}; at the Portola Pump Station, as well as related costs for
28 the SAM Engineering & Construction Contracts Manager.
Ix.)
STIPUIATTON AND ORDER
Regarding SAM Expenses and Assessmenls
x
. . ‘
5..
6. The JEPA requires unanimous Member Agency approval 0fthe General Budget,
N which did not occur. As a result, since the current fiscal year began on July l, 2017, pursuant to
'
L»)
Resolution 8-2017, SAM has been drawing down its Operating Reserves t0 continuc the
$ collection, transmission, treatment, and disposal 0f the wastewater generated within the
Ll}
territories 0f the Member Agencies. At the rate SAM has been drawing down its Operating
a Reserves it will need new funding by approximately August 18, 2017.
\J
7. SAM has no funding mechanism 6f its own Io continue operations other than
m drawing upon its Reserves and relying upon Member Agency payments 0f their respective
\O budgeted obligations. Without an approved General Budget, SAM has no current_authority t0

n—a
O issuc invoices to the Member Agencies to cover expenses associated with the collection,
H
h‘
transmission, treatment, and di3posal of the wastewater generated within the Member Agencies‘
.— M territories. Failure t0 continue SAM’S operations not only threatens t0, but will, seriously
H
DJ
endanger the public health, safety, and welfare.
.—n
L 8. The Parties desire that SAM continue the collection, transmission, treatment, and
—I (J‘I
diSposaI of the wastewater generated within the Member Agencies’ territories t0 protect the
.—.. O\
public health, safety, and welfare, and to enable this to continue, hereby stipulate as fgllows:
H 'Q a. SAM shall operate pursuant t0 its Fiscal Year 20] 7~2018 Genéral Budget
I—n 00
as approved by the SAM Board for submittal to each Member Agency for approval 0n
H \O June 12, 2017 in the form heretofore presented to the Member Agencies,
NO b. SAM shall issue monthly invoices to the Member Agencies based on the
N '—‘
Fiscal Year 201 7-201 8 General Budget, each invoice comprising one-twelflh of the
NN Member Agency’s respective annual obligation, and
?\J DJ
c. By this stipulation CITY shall be deemed to have approved under protest
Ng that pan 0f SAM’s 2017-18 General Budget characterized as the “Infrastructuré
N LII
Division,” and shall pay any amount for the repair and replacement 0f a segment of the
M O\ Intertie Pipeline System (from 'Stations 51+SO to 73+50) and the repair and replacement
N \J of a surge tank at the Portola Pump Station, as well as related costs, including without
MW limitation those for the SAM Engineering & Construction Contracts Manager. The CITY
may specify that it is paying such amounts under protest.

d. ThciMember Agencies, including CITY, shall pay SAM within thirty (30)
days of receipt the invoices described in subparagraph 8.b; provided, that as t0 any
Ln portion thereof'specified pursuant t0 subparagraph 8.0 t0 bc paid under protest, the
payment of t'hat portion shall be without prejudice to thé position of any party to this
litigation. In other words, no waiver, estoppel or other legal or equitable bar as to any
party shall arise from the CITY’S payment under protest pursuant to this stipulation 0r
\Doox-JONUIA
any order arising from it. Any claim of any party as to any portion ofIhe 2017-] 8
Genera} Budget as referenced in Paragraph S (including but not limited to any payment
under protest) may be resolved by further agreement 0f the parties, which may result
10 from the parties’ participation in “any mutually agreeable method of settlement” under
11 the JEPA as amended, 0r by a final ruling(s) 0f a court of competent jurisdiction in the
12 above—captioned litigation.
13 9. This stipulation is intended to enable SAM to continue its ongoing operations and
14 proceed with expenditures in accordance with the 2017-18 GerieraI Budget as referenced in
15 Paragraph 5, and no language herein is to be construed as a waiver 0f any claim, cause 0f action,
16 defense, objection to any procedural matter (including without limitation, objection t0 seeking an
17 alternative venue pursuant to section 394 of the Code of Civil Procedure), or otherwise to be
18 construed as a waiver of or consent to any matter not expressly contained herein, including but
l9 not limited to any right(s) of any party contained in the JEPA. Notwithstanding the foregoing,
20 the parties further agree that SAM may, without further action by its Board (other than such
21 action(s) required to award construction contracts and supporting service contracts), expend the
funds shown appropriated by the “Infrastructure Division” 0f the FY 201 7—201 8 General Budget
23 as referenced in Paragraph 5 specifically related to the repair and replacement of a segment 0f
24 the Intertie Pipeline System (from Stations 51+50 t0 73+50) and the repair and replacement of a
25 surge tank at the Portola Pump Station, as well as related costs, including without limitation
26 those for the SAM Engineering & Construction Contracts Manager (collectively, “Infrastructufe
27 Division Costs”). The parties agree that expenditure of the Infrastructure Division Costs is
28 necessary 10 enable compliance with environmental and other laws governing SAM’s operations

z
and they therefore agree t0 cooperate in good faith to see that said FY 2017—201 8 Genera]
Budget is implemented expeditiously and without further delay arising from the dispute which
gave rise to the above-captioned litigation.
10. This stipulation shall be effective and binding upon the parties as ofthe date of
V
\DOOflONLhAbJMI—I
the last signature hereon. Nevertheless, thc parties jointly request the Court to order
implementation of this stipulation, as set forth below.
1 l. The parties further agree that the public interest provides that [his stipulation may
be deemed to be SAM’S responsive pleading herein, which neither admits or denies the
allegations ofthe Complaint 0r any Cross-Complaint(s), and that SAM shall be among the
parties entitled to enforce the provisions of this stipulation in this action, and shall be a party
-—-
bound by the judgment rendered herein without the necessity to appear at conferences or trial,
provided that this stipulation is approved and ordered implemented by the Court.
WWW
'7
Dated: flag 74 £79 BOLD, POLISNER, MADDOW, NELSON & JUDsoN ,
Carl RA. Nelson, Attorneys for Real Pany In Interest

H'r—H
Dated: COLANTUONO, HIGHSMITH & WHATLEY, PC
mqamamw~o$mzmm3$5H5
Michael G. Colantuono, Attorneys for Plaintiff?

CITY OF HALF MOON BAY
Dated: WITTWER PARKIN, LLP
Jonathan Wittwer, Attorneys for Defendant

Nwmwwmmwm GRANADA COMMUNITY SERVICES DISTRICT
Dated: LAW OFFICES OF DAVID E. SCHRICKER, P.C.
By:.
David E. Schricker, Attorneys for Defendant
MONTARA WATER AND SANITARY DISTRICT

.0. O.
and they therefore agree to cooperate in good faith to sec that said FY 2017—2018 General
I
gave rise to the above-capu'oned litigation.
10. This stipulation shall be eficctivc and binding upon the parties as ofthe date of
the last signature hereon. Nevertheless, the parties jointly request the Court to order
\DOO-QQMLDJNH
implementation 0fthis stipulation, as set forth below.
11. The parties further agree that the public interest provides that this stipulation may
be deemed to be SAM’s r65ponsive pleading herein, which neither admits or denies the
allegations of the Complaint or any Cross-Complaint(s), and that SAM shall bc among the
parties entitled t0 enforce the provisions of this stipulation in this action, and shall be a party
bound by the judgment rendered herein without the n‘ecessity t0 appear at conferences or trial,
Dated: BOLD, POLISNER, MADDOW, NELSON & JUDSON
By:
Carl RA. Nelsen, Attorneys for Real Party In Interest
SEWER AUTHORITY MID-COAS’I‘SIDE
ooqcxmbuMi—oeoo-qoaGk—QSSZS
Dated:
Dated:
a 1/ [g 3
By; k
COLANTUONO, HIGHSMITH & WHATLEY, PC
Michael G. Colanmono, Attorneys for Plaintiff

WI I IWER PARKIN, LLP

MMNNMMNNMHAMHI
By:
Dated: /g// LAW OFFICES OF DAVID E. SCHRICKER, P.C.
By: Md/MW
David E. Schricker, Attomcys‘dbr Defendant
MONTARA WATER AND SANITARY DISTRICT '
5 STIPULA’I’JON AND ORDER

Regarding SAM Em cnses and Assessments
and they therefore agree to cooperate in good faith to see that said FY 2017—201 8 General
gave rise t0 the above-captioned Iitigatiofi.
10. This stipulation shall be effective and binding upon the parties as 0f the date of
the last signature hereon. Nevertheless, the parties jointly request the Court t0 order
implementation of this stipulation, as set fonh below.
l 1. The parties further agree that the public interest provides that this stipulation may
be deemed to be SAM’S responsive pleading herein, which neither admits or denies the
allegations 0f the Complaint or any Cross-Complaint(s), and that SAM shall be among the
panies’entitled to enforce the provisions ofthis stipulation in this action, and shall be a party
bound by the judgment rendered herein without the necessity to appear at conferences or tfial,
By: V
Carl P.A. Nelson, Attorneys for Real Party In Interest

Michael G. Colantuo’no, Attorneys for Plaintiff

Dated: 91742017 WITTWER PARKIN, LLP
J atlmn Wittwer, Attorneys for Defendant

_
NADA COMMUNITY SERVICES DISTRICT
David E. Sclu'ickcr. Attomeys for Defendant


and they therefore agree to cooperate in good faith to see that said FY 20 1 7—201 3 General
gave rise t0 the abovcfcaptioned litigation.
10. This stipulation shall be effective and binding upon the parties as 0fthe date of
the last signature hereon. Nevertheless, 1he panics jointly request the Court to order
\DOOQQUI&DJNH
11. The partiés further agree that the public interest provides that this stipulation may
be deemed to be SAM’s responsive pleading herein, which neither admits or denies the
allegations ofthe Complaint or any Cross~Complaint(s), and Ihat SAM shall be among the
parties entitled to enforce the provisions 0f this stipulation in this action, and shall be a party
Datedz. BOLD, POLISNBR, MADDOW, NELSON & IUDSON
By:
Carl PA. Nelson, Attorneys for R'ea! Party In Interest
SEWER AUTHORITY MID—COASTSIDE
By:
Michael G. Colantuono, Attorneys for Plaintiff
NNNNNNMNNH
Jonathan. Wittwcr, Attorneys for Defendant
Dated: § 2/520 LAW OFFICES 0P DAVID E. SCHRICKER, 13.0.
By: W¢¢W
David E. ‘Schricker, Attorneys "for Dpfendant

Regarding SAM Expenses and Assessmems
QM
This Application came before the Court on the Law & Motion Ex Parte Calendar earlier
this week.
Having reviewed the foregoing Stipulation, and being informed by Counsel for Real
‘omQQm-PUJNH
Party In Interest Sewer Authority Mid-Coast that the governing bodies 0f each 0f the four local
public agencies that are party to the litigation met in closed session, approved the Stipulation,
and authorized their respective Counsel to sign the Stipulation on behalf of each agency,
The Court is ofthe opinion, and] so find, that the Partics’ joint request for 2m
implementing Court Order is an appropriate request for ancillary relief to maintain the status
quo, and thereby protect the Court’s jurisdiction, pending the outcome 0f this case. (See, e.g.,
People v. Black‘s Food Store (1 940) 16 Cal.2d 59, 62.) It is sufficiently related to the subject
matter of the action, as set forth in both the complaint and cross-complaints herein, and the terms
—-
and condjltions of the Stipulation, including those that seek t0 streamline andfor expedite the
litigation, appear to be fair and reasonable, and in the interests of the public served by the Parties.
mqampmm~oxooo35m3$gf35
Accordingly, and Good Cause Appearing, the foregoing Stipulation is hereby Approved
and Ordered Implemented.
IT IS SO ORDERED
Sep tember ['3 —_ ,

2017
@WMJ @MMMJ
NNMNNMNNNHH (g
GERALD J. BUCHWALD
JUDGE OF THE SUPERIOR COURT

RegaIding SAM Expenses and Ass‘bssm'crit’s
“*
Q3. 3a NA a.
ANTHONY P. CONDOTI‘I, State Bar N0. 149886
-
ELED Exempt from Filing Fees
TCondotli@abc-law.com
AGflfeflxbment Code § 61 03
ATCHISON, BARISONE, CONDOTTI & KO ‘Z‘Hlégelcfi
333 Church Street
CLERK 0F THE co
Santa Cruz, California 95060
CsupsR coumogfgq
Telephonezz- (831) 423-8333 oum magma“;
Facsimile: (83]) 423-9401 BY 9
.
DEPUTY
MICHAEL G. COLANTUONO, State Bar No. 143551 FIE comm

MCoIanmono@chw]aw.us 0 SAN MATEO
PAMELA K. GRAHAM, State Bar No. 216309
PGraham@chwlaw.us
SEP 2 8 2017
EDUARDO JANSEN, Stale Bar No. 302757
Elmsen@chwlaw.us
FAX Cletkofth SuperforCourt
COLANTUONO, HIGHSIVIITH & WHATLEY, PC
420 Sierra College Dn've, Suite
140
Grass Valley, California 95945—5091
BY
'10 Telephone: (530) 432—7357
Facsimile: (530) 432—73 56
PC
11
Attorneys for Plaintiff
MO
Whalley.
12
SUIIE
95945-2366
13
SUPERIOR COURT OF THE STATE OF CALIFORNIA
a Dylve.
14
FOR THE COUNTY 0F SAN MATEO
nghamlth
College
CA
‘15
17CU31692?
Volley.
Slana
Gross
16
CITY OF HALF MOON BAY, a municipal CASE NOTI'TCfVflBQQ-Z
Colan‘luonn.
420
17
Plaintiff, (Case assigned to Hon. Robert Foiles)
18
V. PLAINTIFF CITY OF HALF MOON

19
BAY’S ANSWER TO DEFENDANT V
20
GRANADA COMMUNITY SERVICES GRANADA COMMUNITY SERVICES
DISTRICT and MONTARA WATERAND DISTRICT’S CROSS—COMPLAINT FOR
21 SANITARY DISTRICT, DECLARATORY RELIEF
22 Defendants; Complaint Filed: July 11, 2017‘
”/3 g 23
and
24
SEWER AUTHORITY MJD-COASTSIDE,
25 f
17~cw-osogz
I
Real Party 1n Interest. 1

Answer (No Fga)
26 738325
27
IIHII/IIHIWIMI/IIHHWH/I
28
PLAINTIFF CITY OF HALF MOON BAY’ S ANSWER

TO DEFENDANT GRANADA COMMUNITY SERVICES DISTRICT' S CROSS- COMPLAINT
1548314
‘
MONTARA WATER AND SANITARY Cross—Complaint Filed: August 24, 2017

Cross»CompIainant,
V.

Cross—Defendant,
and
Real Party in Interest.
10-
PC 11 GRANADA COMMUNITY SERVICE Cross-Complaint Filed: September 5, 201 7

140 DISTRICT,
Whutlev,
12
SUIIE
95945-7356
Cross-Complainant,
8£ 13
v.
Drlve.
CA
I4
HJghsmHh
CITY 0F HALF'MOON BAY,
College
Volley.
15 ‘
Cross-Defcndant,
Slant:
Gross
16
Colantuono.
420
and
17
18_
19 Rea] Party in Interest.
20
22
23
24
25
26
27
u
28

-._w,},7.Ai-:.-'-..r‘-
'
TO DEFENDANT GRANADA COMMUNITY SERVICES DISTRICT’S CROSS-COWLAINT ‘
l 84332.4
z
[nu
.~
Plainfifi' City ofHalfMoon Bay (“City”) hereby answers the Cross—Complaint for
Declaratow Relief filed by Defendant Grafiada Communin Services District (“Granada” or “Cross-
Complainant”) on or about September 5, 2017 by admitting, denying and/or alleging as follows:
I. The City avers the allegations in Paramph 1 consist cnfircly of legal theory,
conciusions, and argument requiring no response. However, to the extent that Paragraph 1 contains
any factual allegations, the City denies each and every allegation contained therein. The City further
avers the 197_6 Joint Exercise of Powers Agecment (“IPA”) referenced in Paragraph 1 is a document
I
that speaks for itself and is the bestrevidence ofits contents.
2. In answering Paragraph 2, the City admits that Sewer Authority Mid—Coastside
10 (“Authority") is a public entity aeated by the IPA among the City, Montara Water and Sanitary
PC 11 Distn'ct (“Monlara), and Granada; that it is located in the County of San Mateo; and that it servas the
140
Wholley,
12 mid-coastside wastewater genefators in the HalfMoon Bay, El Granada, and Momma areas.‘Thc
SUHE
95945-7356
8‘
13 City admits the Authority is governed by a six—membcr board of directors comprised 0f two City
Drive.
nghsmlth
CA l4 councilmembers and two members of each ofMontara’s and Granada’s boards of directors. The City
Cohege
Volley.
15 further admits the Authority is a public entity separate from its member agencies and was crcaied
Slerra
Gloss
16 pursuant to Title 1, Difisiou 7, Chapter 5 of the Califomia Government Code (the “Joint Powers of
Colaniuono.
42D
17. Exercise Act”). The City further avers the IPA, as amended, is a document that Speaks for itself and
18 \is the best evidence ofits contents. Except as expressly admitted, the City denies each and every
19 allegation in Paragraph;
20 3. In answering Pamg‘aph 3, the City admim the Authority is a public entity crpated
21 pursuant to Tith 1, Division 7, Chapter S offhc California Government Code (the “Joint Powers 0f
-22 ExerciseAct”). The City further admits the City, Montara, and Granada entered into the IPA on
23 February 3, 1976, and that the JPA has been amended eight times to date. A tTue and correct copy of
24 the JPA and its eight amefidments are attached to the City’s Complaint in this action as ExhibitA,
25 with a compilation of those documents attached to the Complaint as Exhibit B. The City avers in
26 reSponsc to Paragraph 3 that the IPA and its amendments are documents that speak for themselves
27 and are the best evidence oftheir contents. The City avers the remaining allegations in Paragraph 3
28 consist entirely oflegal theory, conclusiom, and argument requiring no rmponse. To the extent

TO DEFENDANT GRANADA COWUNITY SERVICES DIS'I'RJCT’S CROSS—COMPLADTI‘
l 84832.4
Paragraph 3 contains any additional factual allegations, the City denies each and every allegation
contained therein.
4. 1n answering Paragraph 4, the City admits the City, Montam, and Granada formed the
Authority pursuant to a 1976 IPA to deve10p, consmzct, and own a joint waste collection,
transmission, treaunent disposal, and management system for wastewater received from the separate
sanitary sewer collection systems owned by the City, Montara, and Granada. The City further admits
the Intertie Pipe System (“Intertie”) is a sewer force main and associated tanks, pumps, and
mechanical and electrical components 'that coaveys wastewater fiom Montara’s and Granada’s sewer
to‘
collection systems the Authority’s treatment plant in the City of Half Moon Bay. The City further
10 admits that Granada and Montara funded the portion of the Interfie’s consmlction costs not funded
PC 11 by state and federal grants. The City further avers in response to Paragraph 4 that the IPA, as
140
Whatlev.
l2 amended, is a document that speaks for itself and is the best evidence of its contents. Eiccpt as
SUHE
95945-7356
a 13 expressly admitted, the City denies each and every remaining allegation in Paragraph 4.
Drlvo,
nghsmlth
CA
14 5. The City avers the allegations in Paragraph 5 consist entirely 6flegal theory,
College
Valley.
Slam:
Gross
16 any factual allegations, the City denies each and every allegation contained therein. The City flirther
Colemuono.
420
17 avers the JPA, as amended, is a document that speaks for itsélf and is the best evidence o'fits
.
I
IS contents.
l9 6. The City avers the allegations in Paragraph 6 consist entirely of legal theory,
20' Paragaph 6
conclusions, a.nd argument requiring no response. However, to the extent that contains
21 any factual aUpgations, the City denieé each and every allegation contained therein. The City further fidh
22 avers the IPA, as amended, is a document that Speaks for itself and is the best evidence ofits
23 contents. The City funher avers that the Sfipfilation and Order Regarding Expenses and Assessments
24 of Sewer Authority Mid-Coastside, entered by this Coufi on September 13, 2017, is a document that
25 speaks for itself and is the best evidence ofits contents.
26 7. The City avers the allegafions in Pmag'aph 7 consist entirely of legal theory,
27 conclusions, and‘ argfiment requiring no rmpouse. However, to the extent that Paraguph 7 contains
28 any factual allegations, the City denim each and every allegafion contained therein. The City fin‘ther
2 '8‘-

q
GRAlflADA COWUNITY SERVICES DISTRICTS CROSS—COMPLAINT

L‘un
.
TO DEFENDANT
1843324
v
avem the JPA, as amended, is a document that Speaks for itself and is the best evidence of its
contents.
8. The City avers the allegations in Paragraph 8 consist entirely of legal theory,
conclusions, and argument requiring no rmponsc.
9. The City admits the allegations in Paragraph 9.
IO. The City admits the allegations in Paragraph 10.
11. The City admits the allegations in Paragraph 11.
12. The City avers the allegations in Paragraph 12 consist entirely of legal theory,
canclusions, and argument requiring no pronse.
[0 13. The City avers the allegations in Paragraph 13 consist entirely of legal theory,
pc 'n
conclusibns, and argument requiring no msponse.
140
Whatley.
12 14. The City aycm the allegations in Parag'aph I4 consist entirely oflegal theory;
SUITE
95945-7356
13 conclusions, and argument requiring no response.

‘
Dnve.
mghsmnh'ac
CA
14 15. The City avers the allegations in Paragaph 15 consist critirely of Iégal thepry,
College
.
Volley, 15 conclusions, and argument requiring no response.
Sleuc
Gloss
16 16. In rcspohse to Paragaph 16, the City admits that on February 3, 1976, the City,
Co‘lanmono.
420
I7 Montara, and Granada entered into the JPA to cr'eate the Authority. The City further admits that the
18 Authority is goyemed by a six—mefinber board .of directors comprised oftwo City councilmembers
19 and two members of each of Montaxa’s and Granada’s boards of directors. As to the remaining
20 allegations, the City avers the IPA, as amended, is a document that speaks for ifielf and is the best
21 evidence ofits contents.
.22 17. In response t'o Paragraph 17, ihe City avers the IPA and its amendments are
i3 documents that speak for themselves and are the best evidence of their contents. More specifically,
24 the City avers that the definition ofthe “Present Project," stated in the original IPA and thc June 21,
25 1976 Agreement Amending an Agee‘ment Creating the Sewer Authority Mid-Coastside
26 (Amendment One to the IPA) are documents that speak for themselves and are the best evidence of
27 their contents. The City funher avers the allegations in Paragaph 17 consist of legal theory,
28
3
PLAINTIFF CITY OF HALF MOON BAY‘S ANSWER
TO DEFENDANT GRANADA COWUNITY SERVICES DISTRICTS CROSS-COMPLAINT
[34831.4
-... .... . .
“1:5.
.4,
...
conclusions, and argument requiring no response. However, to the exter'lt that Paragraph 17 contains
H.
.......r....
any remaining factual allegations, the City denies each and every allegation contained therein.
13. In answering Paragraph 13, the City admits that, upon the 1'976 fomation ofthe
.w‘n.
2
Authority, plans for the secondary wastewater treatment and disposal system contained four
_:-_.u_l._..-.-
components, which were to be built in two Phases. The City admits that Section IV, para (B)(1)(a)
of the JPA reads (with emphasis added):

._
Phase I of the system is composed of the following fines components, with
capacity righfs, consu'ucu'on costs, and operatjorl and maintenance expenses being
V
>
shared as specified below (i) An Intertie pipeline and attendant pumping
10 facilities, connecting the Montara and Granada systems Io é new ocean outfall,
.z...--....~..—._._..--t,
PC ll shared equally between Montara and Granada; (ii) An ocean outfall pipeline
140
Wholley,
and attendant pumping facilities, discharg‘ng the combined trmted efilucnts fiom
SUIIE
95945-7350
V 8. 13 the three member agcncies’ treafinent systems into the ocean adj aéent to the
Drive.
nghsmlih
CA
14 existing but presently inoperatiqualf Moon Bay outfall line, shar‘ed one—half
College
Volley.
15 (1/2) by Half M0011 Bay, one-qumtcr (1/4) by Montara and one~quarier (1/4) by
Slaua
Giuss
l6 Granada; (iii) A reclamation pipeline and attendant pumping facilities, to carry
Colantuono.
420
1'7 sccpndarily ueated efiluent fiom the treatinent plant at the Half Moon Bay'site
18 south to the golf course and adjacent agricultural and fioficxflfluél lands, and
19 being solely assigwd to HalfMoon Bay.
20 The City further admits that the reclamation pipeline was never constructed. The City further admits
2] that the Intem'e consists of approximately 7.3 miles ofpipeline and four pump stations to collect and
22 transmit the flow ofwastewater created by Montarg and Granada for teatment and disposal. The City
23 further avers that the IPA and its amendments, which define the “Prweut Project” and its compon'ents
24 and phases, are documents that speak for themselves and are the best evidence of their contents.
254 Except as expressly admitted, the City denies each and every remaining allegation in Paragraph 18.
26 19. In r65ponsc to Paragraph 19, the City admits that the JPA, as amended, outlines
27 Phase 2 ofthc project, Which is presented as two alternatives — either a single plant (“one single
28 secondary activated sludge treatment plant located at the site 0f the em'sting Half Moon Bay
4
PLAINTIFF CITY OF HALF MOON BAY'S ANSWER
[84332.4
TO DEFENDANT GRANADA COWY
SERVICES DISTRICTS CROSS-COMPLAINT
'fififi'fi?"
Heatment plant facilities, and desigled to treat the combined flows fiom the individual collectiou
systems of the member agencies”), or three separate treatment plants in the City, Montara, and
u.
Granada, as outlined in the IPA and its amendments. The City further admits that the member
h:
’agencies chose the first alternative of a single plant. The City avers the JPA and its amendments are
14W.\_.‘_-—
documents that speak for themseres and aré the best evidence oftheir contents. Except as expressly
admitted, the City denies each and every remaining allegation i1] Paragmph 19.
20. The City avers the IPA and its amendments are documents that speak for themselves
and are the best evidence of their contents. Specifically, the City avers that the July 2, 1979
Agreement Amending theAgrcement Creating the SewerAuthority Mid—Coastside is a document
10 that speaks for itself and is the best evidence ofits contents. The City avem the remaining allegations
PC 11 in Paragraph 20 consist entirely of legal theory, conclusions, and argument requin'ng no prgnse.
140
WhoIley.
12 However, to the extent that Paragraph 20 contains-any factual allegations, the City denies each and
SUITE
95945-7356
a 13 every allegation contained therein.

Dzlve.
nghsmflh
CA
l4 21 . The City avers the JPA and its amendments are documents that speak for themselves
Coilega
Valley.
15 and are the bwt evidence of their contents. The City avers the allegations in Paragraph 21 consist
i
Slano
Grass
16 entirely oflegal theory, conclusions, and argument requiring no responsé.
Caluntuono.
420
17 22. 1n answering Paragaph Zé, the Cify admits that, as of 2017, the flow aflocafions for
I
I8 member agencies consisted ofroughly 52 percent (City), 26 percent (Granada), and 22 percent
19 (Montara). The City further admits that the IPA provides {hat an annual General Budgtt shall be
20 prepared by the Authority and submitted to the govemjng bodies of the member agencim for
'21
approval, and specifias that final approval by the Authority shall require the prior consent of all
22 member agencies. The City further admits that, under the IPA, a member agency’s share ofthe
23 obligation to fund the Authority’s general fund is based 0n its share of flows to the Authon'ty’s plant.
24 The City further admits that the Authority operates sewer infi’astmcture under its control pursuant to
25 the IPA and direction 0fthe Authority’s board As to these and the remaining allegations, the City
26 further avers that the JPA and its amendments am documents that speak fo'r themselves and are the
27 best evidence 0ftheir contents. As'to any remaining factual allegafions, the City denies each and
28 every allegation contained therein.
5
PLAINTEF CITY OF HALF MOON BAY‘S ANSWER
TO DEFENDANT GRANADA COWUNTI‘Y SERVICES DISTRICTS CROSS-COMPLAINI‘
l 84831.4
23. The City avers the allegations in Paragraph 23 consist enn'rely of legal theory,
conclusi'ons, and argument requin’ng no response.- However, to the extent that Paragaph 23 contains
any factual allegations, the'City deniescach and every allegation contained therein.
24. The City avers that the JPA and its amendments, as well as the June 12, 2017 Staff
Report for the Authon'ty referenced in Paragraph 24, arc documents that speak for themselves and
are the best evidence oftheir cements. The City avers the remaining allegations in Paragaph 24
consist entireiy oflcga] theory, conclusions, and argument requiring no response. Howaver, t0 the
extent that Paragraph 24 contains guy factual allegations, the City denim each and every allegation
contained therein.
.
10 25. The City avérs that the JPA and its amendments, specifically including t‘he July 2,
PC
11 1979 Ageement Amending the Agreement Creating the Sewer Authority Mid—Coastside referenced
140
Whatley. 12 in Paragraph 25 arc documents that speak for themselves and arc the best evidence oftheir contents.
SUHE
95?45-7356
8:
13 The City avars the remaining allegations in Paragraph 25 consist enfirely of legal theory,
Drive.
nghsmllh
CA
14 conclusions, and argument requiring no rwponse. Howgver, to the extent Paragaph 25 contains any
College
Volley.
15 factual allegations, the City denies each and ever allegation contained therein.
.
1’6
Slerro
Gross
26. In answering Paragraph 26, the City admits that since the creation of the Aufiuoritfy,
Colantuono.
420 ha‘s‘
1? the City funded many projects associated with the Authority, and that it has gone above and
18 beyond its legal obligations as a member of the Authority. The City avers the allegations in
19 Paragaph 26 consist entirely oflegal theory, conclusions, and argument requiring no response. The
20 City further avers the 2017—201 8 preposed General Budget, as well as the partics’ Stipulation and
21 Order Regarding Expenses and Assmsmenfis of Sewer Authority Mid—Cpastsi‘de entered by this Court
0n September 13, 201 7 are documents that spéak for themselvm and are the bést evidence oftheir
23 contents.
'
24 27. lg auswbring Paragraph 2’7, the City admits that the JPA requires SAM to prepare an
25 annual Genera] Budget and to submit it to the governing bodies of the member agencies for
26 approval, and Specifiw that final approval by the Authority requires the prior censent of all member
27 agencies. The City further avers that the IPA and its amendments, as they define the process of
28 submitting and obtaining approval ofthe General Budget, are documents that speak for themselves
6
TO DEFENDANT GRANADA COMMUNITY SERVICES DIS'I'RICT’S CROSS—COMPLAINT
1848314
and arc the best evidence of their contlen.ts. To the extent that Paragaph 27 contains any additional
factual allegations, the City denies each andcvery allegation centained therein.
28. In answering Paragraph 28, the City admits the allegations in the first and second
sentences of Paragraph 28. In response t0 the third and fourth sentenpes of Paragraph 28, the City
alleges the proposed General Budgets for fiscal years 2016—2017 and 20174018 are documents that
speak for themselves and are the best evidence of their contents. The City further aversthe
Stipulation and Order Regarding Expenses and Assessments of Sewer Authofity Mid~Coastside,
entered by this Court on September 13, 2017, is a document that speaks for itself and is the b&t
evidence of its contents. The City avers the remainder of the allegations in Paragraph 28 consist 0f
legal theory, conclusions, and argument requiring no response.
Pc
Il 29. The City admits that on June 12, 2017, the Authority Board submitted t0 each
140
wnuney,
[2 member agency for approval a General Budget for Fiscal Year 2017—201 8, that Granada and
SUFTE
95945-7366
a 13 Montara approved the Genera] Budget as presented, but the City only approved a portion of the
Dlive,
CA 14 General Budget, specifically declining to approve. the portion of the General Budget characterized as
ngriemnn
College
Volley.
15 the “Infiastructure Division.” The City avers that the Stipulation and Order Regarding Expenses and
Sleno
Gross
16 Asséssmcnts of Sewer Authofity Mid—Coastside, aufered by this Court on September 13, 201 7, is a
Colonruono.
of its contents. The City otherwise deniw the

420
17 docufient that speaks for itself and is the best evidence
18 factual allegations contained in Paragraph 29.
19 30. The City avers the JPA and its amendments, specifically in how they define a “project
20 budget,” are documents that speak for themselves and are the bwt evidence’oftheir co'ntents. The
21 remainder ofthe allegations in Paragraph 30 consist entirely .of Iega} theory, conclusions, and
22 axgument requiring no re5ponse. Howevgr, to thepxtent that Paragaph 30 contains any factual
23 allegations, the City deniw each and every allegation contained therein.
24 31. The City avers the allegations in Paragraph 31 (consist entirely oflegal theory,
25 conclusions, and argumant reqfiin'ng no response. However, to the extent that Paragraph 31 contains
26 any factual allegations, the City denies each and every allegation contained therein. The City further
27 avers the JPA and its amendments axe documents that speak for Themselves and are the best evidence
28 of their contents.
,7
'
PLADITIFF CITYOFHALFMOONBAY’SANSWEK
TO DEFENDANT GRANADA COMMUNITY SERVICES DISTRICTS CROSS-COMPLANI‘
1 84832.4
32. The City avers the allegations in Paragraph 32 consist entirely oflegal theory,
conclusions, and argument requiring no response.
33. lu answering Paragraph 33, the City admits the City, Montara, and Granada formed
the Authority pursuant to a 1976 IPA to develop, construct, and own a joint waste collection,
h‘ansmission, treatment disposal, and management system for wastewater received fiom the separate
sanitary sewer collection systems owned by the City, Montara, and Granada. The City avers the IPA
I
and its amendments, by which the Authority was established and its functions defined, are
documents that speak for themselves and are the best evidence of their contents.
34. 1n answering Paragraph 34, the City admits that the IPA, as aménded, outlines
Phases I and 2 ofthe project. The City avers that the JPA and its amendments are doauments that
PC
Speak for themselves and arc the best evidence oftheir contents.
240
Whoiley.
3S. In answering Paragaph 35, file City admits that the IPA, as amended, outlines
SUITE
95946-7356
a 13 Phases 1 and 2 of the project. The City avers that the IPA and its amendments are documents that
Drive.
nghsmllh
CA
14 Speak for themselves and am the best evidence of their contents. The City avers that the remaining
College
Volley.
15 allegations in Paragraph 35 consistpnfirely of legal theory, conclusions, and érgument requiring no
Sieua
Gloss
16 .rwponse. Howéver, to the extent that Paramph 35 contains any factual allegations, the Cify denies
Colaniuono.
420
17 each and every allegation contained therein.
18 36. The City avers the'allegations in Paragraph 36 consist entirely of legal theory,
'
20 any factual allegations, the City denies each and every allegation contained therein. The City further
21 avers the JPA, a_s amended, is a document that speaks. for itself and is the best evidence of its
‘
22 contents.
23. 37. In answering Paragraph 3'7, the City adm'its that, since the creation of the Authority,
24 the City has funded projects associated with the Authority, and that it has gone above and beyond its
25 legal obligations as a member _of the Authon'ty. The City avers the allegations in Paragraph 36
'26 of legal argument requin'ng no response. However, to the

consist entirely theory, conclusions, and
27 extent that Paragaph 37 contains any factual allegations, the City denies each and eyery allegadon
28 in Paragraph 37.
8
PLAINTIFF CITY OF HALF MOON BAY‘ S ANSWH
TO DEFENDANT GRANADA COMMUNITY SERVICES DISTRICT" S CROSS- COWLAINT
1848314
38. In answering Paragraph 38, the City admits thal, on J1me 12, 2017, the Authority,
Granada and Montara' approved the Genera] Budget as presented, but the City only approved a
portion of the General Budget, declining to approve the portion ofthe General Budget characterized
as the “Infi‘astrucmreDivision.” The City avers the Stipulation and Order Regarding Expenses and
Assessments 0f Sewar Authon'ty Mid-Coastsids, entered by the Court on September 13, 2017, is a
document that speaks for itself and is the best evidence of its contents. The City otherwise denies the
factual allegations in Paragraph 38.
39. The City avers the allegations in Paragraph 39 consist entirely of legal theoxy,
conclusions, and argument requiring no response. However, to the extent that Paragraph 39 contains
10 any factual allegations, the City denies each and every allegation contained therein. The City fmther
PC I] aVers the IPA, as amended, is a document that speaks for itself and is the best evidence ofits
140
Whailay.
[2 contents.
SUITE
95945-7356
E:
l3 40. The City avers the allegations in Paragraph 40 consist entirely of legal theory,
Dlrve.
CA l4 conclusions, andl argument requiring n0 response. However, to the extent that Paragraph 40 contains
HIghsmllh
College
Volley.
15 any factual allegations, the City denies each and every allegation contained thereil}. The City fiJIflJer
Sleua
Gross
l6 avers the IPA, as amended, is a dociuncnt that speaks for itself and is the best evidence 0f its
Colamuono.
420
17 contents.
18
19 AFFIRMATIVE DEFENSES
20 Without admitting any aflégations in the Cross-Complaint or assuming the burden of proof
21 for any 0fthe following claims, defenses, Orlissues, the City is informed and believes? and upon such ~A§7
22 mformation and belief alleges, as follows:
23 FIRST AFFIRMATIVE DEFENSE

24. .(Failure to State a Cause ofAction)
25 1. ‘
AS A SEPARATE DEFENSE, neither the Cross-Complaint nor any cause of action
26 in the Cross~Complaint states facts suflicient to constitute a cause of action 01' finding against the
27 City.
28
9
T0 DEFENDANT GRANADA COMMUNITY SERVICES DISTRJCI"S CROSS- COMPLATNT
1843314
SECOND AFFIRMATIVE DEFENSE
(Attorney Fees Not Recoverable by Cross-
Complainant)
2. AS A FURTHER SEPARATE fiEFENSE, the Cross~Complaint flails to set forth
facts that constitute a basis for an award of attomeyfees to Cross—Complainant.
THIRD AFFIRMATIVE DEFENSE

(Costs of Suit Not Recoverable by Cross-Complainant)
3. AS A FURTHER SEPARATE DEFENSE, the Cross—Complaint fails to set forth facts
that constitute a basis for an award of costs of suit against the City and in fivor of Cross-
Complainant.
PC
ll FOURTH AFFIRMATIVE-DEFENSE
140
Whufley, 12 (Waiver I Estoppel)

SUITE
AS A FURTHER SEPARATE DEFENSE,

95945-7366
& 13 4. the Cross—Complainant is barred by the

Dtlva.
CA 14 doctrine of waiver and/or by action of law 0r conduct fi'om the claims as alleged in the Cross-
nghsmlm
College
Volley.
I5 Complaint.
'16
Slenu
Grass FIFTH AFFIRMATIVE DEFENSE

Colantuono.
420
I7 ,(No Equimble Relief)
18 5. AS A FURTHER SEPARATE DEFENSE, the Cross—Complainant is not entitled to
19 any relief in equity because the balance ofbarms does not wanant equitable relief.
20 SIXTH AFFIRMATIVE DEFENSE

21 (Unclean Hands) I
22 6. AS A FURTHER SEPARATE DEFENSE, the Cross-Comfilajnant is barred under the
23 equitable doctrine ofunclcan hands and any other applicable equitable doctrines.
24
25
26
’27
28
IQ
. PLAINTIFF CITY 0F HALF MOON BAY’S ANSWER
TO DEFENDANT GRANADA COMMUNITY SERVICES DISTRICTS CROSS-COMPLAINT
1848314
(Additional Defenses)
7. The City has insufiicicnt information and knowledge at present on which to form a
belief as to whether it may have additional, as yet unstated, defenses to this suit. The City reserves
the right Io assart additioml defenses if fimher invesfigafion indicales such afiinnative defenses
would be appropriate.
WHEREFORE, the City prays forjudgment as follows:
1. That declaratory relief be denied to Cross-Complainant;
2. That the Court issuejudgmeut fillly in favor of the City on the Complaint;
PC
3. That the Cross—Complaint be dismissed with prejudice and judgment entered in favor
140
wnollev.
of the City;
SUITE
95945-7356
an That the Court award'the City its costs, attorney fees, and related cxpensesa
DHve.
nghsmlth
CA That Cross-Complainant take nothing by this action; and
College
Volley.
That the Court grant such other relief as the Court deems just and proper.
Sierra
Groas
Coldniuom.
420
17' DATED: September 28, 2017 ANTHONY P. CONDOTTI
City Attorney, City 0f Half Moon
'
Bay
18
l9 WHATLEY, PC
20
21
gwwo
A ca)
22 PAMELA K. GRAHAM
EDUARDO JANSEN
23
24
25
26
27
28
l 1

TO DEFENDANT GRANADA COM MUNITY SERVICES DISTRICTS CROSS-COMPLAINT
1843314
PROOF 0F SERVICE
City ofHal/‘Moon Bay v. Granada Community Services District, e! a1.
I am employed in the County ofNevada, State 0f California. I am over the age of 18 and not
a party to the within action. My business addrws is 420 Sierra College Drive, Suite 140, Grass
On September 28, 2017, I served the document(s) described as
Valley, California 95945-5091 .
PLAJNTIFF CITY OF HALF MOON BAY’S ANSWER TO DEFENDANT GRANADA

COMMUNITY SERVICES DISTRICT’S CROSS—COMPLAINT FOR DECLARATORY
RELIEF on the interested parties in this action addressed as follows:
SEE ATTACIEED LIST

10
LB}!
MAIL: By placing a true copy thereofenclosed in a sealed envelope. The
PC
envelope was mailed with postage thereon fully prepaid. I am readily familiar with the firm’ s
ll
140
Whofley. 12 deposited With the U. S. Postal Service on that same day with postage thereon fully prepaid at Grass
Valley, California, in tbs ordinary course of business. I am aware that on motion of the party served,
SUITE
959464356
8L 13 service is presumed invalid if the postal cancellation date or postage meter date ls more than one day
Drive.
aficr service of deposit for mailing 1n afidavit

CA
14
nghsmllh
College
I declare under penalty ofperjury under the laws of the State of California that the above 13
valley,
15
r
true and oon‘cct.
Slan‘o 16'
Grass
Executed on September 28, 2017, at Grass Valley, California

Coldntuono,
420
l7
18 fl/
AsmeyA Lloyd
19
fl
20
’21
22
24
25
25
27
28
PROOF OF SERVICE
134332.4-
PROOF 0F SERVICE
City ofHab'Moon Bay Granada Community Services District, e!
v. a1.
Jonathan Wittwer David E. Schn'ckcr

William P. Parkin Law Office ofDavid E. Schn'cker
Nicholas Whipps . 563 South MurphyAvenue
Wittwcr Parkin LLP Sunnyvale, CA 94086
147 River Sheet South, Suite 221 Telephone: (408) 517-9923
Santa Cruz, CA 95060 Facsimile: (408) 900—8225
TelephOne: (831) 429-4055 Email: dschxicker@schdckerlaw.com
Facsimile: (831) 429—4057 AttomeysfiJr Defendant
Email: jonathan@wittwerparkin.com Montara Water and Sanitary District
Email: wparkin@wittwerpar1dn,com
Email: nwhipps@wittwerparkin.com
Io
Attomeysfor Defendant
PC
Granada Community Services District
11
140
Whatley.
12
SUI‘IE
Christine C. Fitzgerald Charles RA. Nelson

& Judson
95945-7356
a 13 Fitzgerald Law Offices Bold, Polisner, Maddow, Nelson

Dtlve.
345 Lorton Avenue, Suite 301 2125 Oak Grove Road, Suite 21 0
14
nghsmllh
CA
Burlingame, CA 940] 0 Walnut Creek, CA 94598
College
Telephone: (65 0) 3 48-5195 Telephone: (925) 933-7777
Volley.
15
Facsimile: (650) 239-1207 Facsimile: (925) 933-7804
Slena
16 Email: fitzgeraldlaw@sbcglobal.net Email: cnelson@bprnnj.oom
Gloss
‘ "
Colonluono. Attorneysfor Defendant Email: tryan@bpmnj.com
420
17 Montara Water and Sanitary District Email: cjudson@bpmnj.com
Email: snagle@bpmnj.com
13
Attomcysfor Real Party in Interest
19
Sewer Authority Mid— Coastline
20
21
22
Atchison, Bansone Condom & Kovacevich
333 Church Sheet
" " . Mg ..
;
Santa Cruz; CA 95060 I
v_
24 Telephone: (831) 423- 8383 31.1"

P,
Facsimile: (83 l) 423—9401

25 Email: TCondotti@abc IaW. 09m
Aitomeysfor Plaintifi' -
26
City oqulfMgon _Bay
27
28
2
PROOF OF SERVICE
$48314
\\
STATE OF CALIFORNIA GE SBV)

COUNTY OFSAN MATEO SS.
LRndimMCamen.flIcCIukofflieSupu-lorfmmoflhonbow
entitled County. dnhcreby willylhmlhtf nlnglnuflxll.u-uc
mummyofflmofilfmlonfllnhmyo qmdflmtlbmru
cemfullywrnmzulmcwi lhcmiglnal.
Mums my hand and ml ofmid SuperlorCom
’
This dnyol'
C offlnSupa'iorCotm CuflfomCoumyof
\
C
Dépuxy Cluk
QR? YEENAL
ANTHONY P CONDOTTI, State Bar No. 149886 _ Exempt from Filing Fees
TCondotti@abc-law. com
__ Government Code § 6103
City Attorney, City of Half Moon Bay
ATCHISON, BARISONE, CONDOTTI& Eng
333 Church Street
SCANNED
Telephone: (83 1) 423-8383
20:7 ctr -3 A Cr ub
Facsimile: (831) 423—9401
MICHAEL G. COLANTUONO, State Bar No

FTHEco
?%coumoi’a
~mFsm MW-‘gzocoum‘!
EB
MColanmono@chwiaw. us gm}?
PAMELA K. GRAHAM, State Bar No. 216309——
PGraham@chwlaw.us Orr
EDUARDO JANSEN, Stale Bar N0. 302757
FAX Elansen@chwlaw.us
COLANTUQNO, HIGHSMITH & WHATLEY, PC
BY 10 Grass Valley, California 95945-5091
Telephone: (530) 432-7357
Pc Il
Facsimile: (S30) 432—7356
140
Whau'ey‘.
12 Attorneys for Plaintifi

SUITE CITY OF HALF MOON BAY
95945-7356
l3
a Dnve. SUPERIOR COURT OF THE STATE OF CALIFORNIA
l4
Highsmnh
CA
College
Valley.
15 17CU316927
Corantuono.
Slerlo
Grass
16
CITY OF HALF MOON BAY, a municipal CASE NO. m092
420
corporation, Uhlimired Jurisdiction
18 Plaintiffs, ass assigned to Hon. Robert Foiles)
19
V.
"
6’”)
[PW] ORDER GRANTING CITY
OF'HALF MOON BAY's MOTION FOR
20
GRANADA SANITARY bISTRICT,‘ ‘
MANDATORY TRANSFER 0F VENUE

21 MONTARA SANITARY DISTRICT, (c'cp § 394)
SEWER AUTHORITY -MID- COASTSIDE
22 Complaint Filed: July 11, 2017
'
Defendants
23
Healing Date: September 19, 2017
24 a
and Time: 9:00 am.
Dept: 16 (Law and Motion).
'25 SEWER AUTHORITYJMJD- COASTSIDE,
»
Trial Date: None set
26 Real Pa'rt'y In” Interest. 17— CIV- 03092
UAH
27 Order After Hearing
28
Fifim1unmuummnm
[PROPOSED] ORDER GRANTING CITY OP HALF MOON BAY'S

MOTION FOR MANDATORY TRANSFER 0F VENUE
1849602
MONTARA WATER AND SANITARY cross—Complaint Filed: August 24, 20 17
Ix)
Cross-Complainant,
V.

Cross-Defendant,
and
SEWER AUTHORITY MDD-COASTLINE,
10
PC 11 GRANADA COMMUNITY SERVICE Cross-Complaint Filed: September 5, 20 17

140 DISTRICT,
Whoney, 12
SUITE
95945-7356
13
& Drive,
v.
CA .14
nghsmnh
College
Valley.
15
Cro’ss—Defcndant,
Slerro
Grass
16
Colantuono.
£120
and
17
18
SEWER AUTHORITY MID—COASTLINE,
19 Real Party in Interest.
20
21
22
23
24
25
26
27
28
[PROPOSED] ORDER GRANTING CITY OF HALF MOON BAY‘S

MOTION FOR MANDATORY TRANSFER OF VENUE
1849602
Plaintifi' City of Half Moon Bay (“City”) as the prevailing party on its Motion for a
Mandatory Change of Venue pursuant to Code of Civil Procedure section 394 hereby submits this
Proposed Order pursuant t0 California Rules 0f Court, rule 3.1312(1)).
On September 18, 2017, the Honorable Richard H. Dubois 0f Department 16, the Law and
Motion Department, of the above—referenced Court located at 400 County Center, Redwood City, CA
94063, issued a tentative ruling granting the City of Half Moon Bay’s Motion for Mandatory
Transfer of Venue (CCP § 394). The tentative ruling was uncontested by any 0f the parties; no party
appeared for oral argument on the Motion scheduled for hearing on September 19, 201 7. The Court
ordered the City to prepare, circulate, and submit a written order reflecting this Court’s ruling for the
10 C0u1fs signaturc, consistent with the requirements of Rule 3.13 12.
PC
11 0n September 21, 2017, the City circulated by email and FedEx the proposed order to
140
Whatley.
12 counsel for Defendants Montara Water and Sanitary District (“Montara”) and Granada Community
SUITE
On
95945-7356
8k
l3 Services District (“Granada”), and Real Pany in Interest Sewer Authority Mid-Coastside.
Drlve,
nghsmllh
CA
14 September 25, 2017, the City sent an email to counsel for Montara and counsel for Granada
College
Volley.
15 confirming that Defendants had received the proposed order and that they had no objections or
Slerro
Gross
16 comments to its form.
Colantuono.
On September 26, Granada” Mr. Nicholas Whipps, confirmed by email that

420
l7 201 7, counsel for
18 Granada received the proposed order and that it was approved. Also on September 26, 2017, counsel
19 for Montara, Ms. Christine Fitzgerald, confirmed that Montara had received the proposed order and
20 that it was approved. As 0f the daie of this filing, the City has received no other comments, and
21 hereby submits the [Proposed] Order for the Court’s review and signature.
DATED: September 27, 2017 ATCHISON, BARISONE, CONDOTTI &

KOVACEVICH
23 ANTHONY P. CONDOTTI
24 COLANTUONO, HIGHSMITH &
WHAT EY, PC
26 fldmzpfl /fl7\19 W
27 PAMELA K. GRAHAM
EDUARDO JANSEN
28 Attorneys for Plaintiff
CITY OF. HALF MOON BAY
I
[PROPOSED] ORDER GRANTING CITY OF HALF MOON BAY'S

MOTION FOR MANDATORY TRAN SFBR OF VENUE
1849602
[W9] ORDER
011 September 18, 2017, the Honorable Richa}d H. Dubois 0f Department 16, the Law and
Motion Depaftment, of the above-referenced Court located at 400 County Center, Redwbod City, CA
94063, issued a tentative ruling on the City of Half Moon Bay’s Motion for Mandatory Transfer of
Venue (CCP § 394). I316 tenfaiive ruling was uncontested by any ofthe parties; fio party appeared
for oral argument on the Motion scheduled for hearing on September 19, 2017. Having considering
the papers and records filed by the City ofHalf Moon Bay, Defendants Montara Water and Sanitary
District (“Montara”) and Granada Community Services Dishict (“Granada”), and Real Party in
Interest sewer Authority Mid—Coastside (“Authoz-ity’), the Court hereby ORDERS:

10 Plaintiff CITY OF HALF MOON BAY’S Motion to Transfer Venue is GRANTED pursuant
PC
11 to Code Civ. Proc. § 394. This case is hereby transferred to Santa Clara County. The parties
MD
Whmley. 12 essentially have n0 dispute over whether this case should be heard before a neutral arbiter pursuant
SUITE
95945-7356
8s
13 to Code Civ. Proc. § 394. The appointnent of é neutral judge by the Judicial Council, as well as the
Drive,
nghsmllh
CA
14 special setting of any future hearings and trial will necessarily bring with it some amount of delay.
College
Volley,
15 With the exception of counsel for Real Party in Interest SEWER AUTHORITY, the parties’ counsel
Slerrc
Grass
16. are all located within the Bay Area, and it would appear that Santa Clara would be the most logical
Colamuono.
420
17 choice of venue.
18 IT IS SO ORDERED.
19
20
21
DATED: ?’ 27(29/7 6W MW“
Honorable Richard H. Dubois
22
23
24
25
26
27
28
2
[PROPOSED] ORDER GRANTING CITY OF HALF MOON BAY'S
1849602
PROOF OF SERVICE
City ofHalfMoon Bay v. Granada Community Services District, er a1.
I am employed in the County ofNevada, State of Califomia. lam over the age of 18 and not
a party to the within action. My business address is 420 Sierra College Drive, Suite 140, Grass
Valley, California 95945—5091. On September 27, 2017, I served the document(s) described as
ORDER GRANTING CITY OF HALF MOON BAY'S MOTION FOR
[PROPOSED]
MANDATORY TRANSFER 0F VENUE (CCP § 394) on the interested parties in this action
addressed as follows:
SEE ATTACHED LIST

10
BY MAIL: By placing a true copy thereof enclosed in a sealed envelope. The
PC
ll
envelope was mailed with postage thereon fully prepaid. I am readily familiar With the firm’s
140
Whotley.
12 deposited with the U.S. Postal Service 0n that same day with postage thereon fully prepaid at Grass
Valley, California, in the ordinary course of business. I am aware that 0n motion of the parry served,
SUITE
95945-7356
8c 13 service is presumed invalid if the postal cancellation date or postage meter date is more Than one day
Dnve.
afier service 0f deposit for mailing in afidavit.

CA
14
nghsmlih
College
I declare under penalty of pexjury under the laws of the State of California that the above is
Volley,
15
true and correct.
16
WWK
Sierra
Gloss
Colantuono.
Executed on September 27, 2017, at Grass Valley, California.
420
17
18
19
20
21
22
23
24
25
26
27
28
3
[34960.2
PROOF 0F SERVICE
City ofHaZfMoon Bay v. Granada Community Services District, et al.
Jonathan Wittwer David E. Schn'cker

William P. Park'm Law Ofiice of David E. Schricker
Wittwer Parkjn LLP Sunnyvale, CA 94086
147 River Street South, Suite 221 Telephone: (408) 517—9923
Telephone: (831) 429—4055 Email: dschficker@schricker1aw.com
Facsimile: (831) 429-4057 Attorneysfor Defendant
Email: jonathan@wittwerparkin,com Montara Water and Sanitatjy District
Email: wparkin@wittwerpankin.com
Email: nwlfipps@wittwerpar1dn.com
10
Attomeysfor Defendant
PC Granada Community Services District
11
140
Whatlev.
12
SUIIE
95945-7350
Chrisfine C. Fitzgerald CharlesRA. Nelson
8L 13 Fitzgerald Law Ofices Maddow, Nelson & Judson
Bold, Polisner,
Drive.
345 Lorton Avenue, Suite 301 2125 Oak Grove Road, Suite 210
l4
nghsmlth
CA
Burlingame, CA 94010 Walnut Creek, CA 94598
College
Telephone: (650) 348—5 1 95 Telephone: (925) 933—7777
VOHQY.
15
Facsimile: (650) 239—1207 Facsimile: (925) 933—7804 I
Sierra
Gross
Email: fitzgeraldlaw@sbcglobal.net Email: cnelson@bpmnj.com
Colantuono.
Attorneysfor Defendant Email: tryan@bpmnj .com
420
17 Montara Water and Sanitary District Email: cjudson@bpmnj .com
Email: snagle@bpmnj.com
18
Attorneysfor Real Party in Interest
19
Sewer Authority Mid-Coastline
20 I
Courtesy Copy; ,
21 Anthony P.Condom :ity Attorney
City of Half Moon Bay -
22
Atchison‘, Barisone, Condotti & Kovacevich
23
333 Church Street-r ‘
-
Santa Cruz, CA 95060

24
Facsimile: (831) 423 340.1
‘
25 Email: TCondotti@ajoq—I.aw. com A
Aftorneysfor Plaintiff
26 _,..-.c .. ..... ... .,-. . . .."~
afHalfmoan
.
Gig)
. 4..
27
28
4
1849602
‘
iyaa 83.. ,
.
.
’ I. Rodlna upawanio, ma cggm‘orme s‘upenaicounorme, above

awed county. ‘do herehy certify mm ma foregomg.ia a run, nue‘
m
'and correct copy 01' odg'mai on file In my office, and ma! l haxfe‘
_
awfully qgmpared same wiLh the ozynai. ‘ .
Bid Superior
Coy
‘
Witness my_hand and sea1 0!

k '
U, t ad
ty of San Mateo
r. ‘ Case Number: 17-CIV-03092
‘
SUPERIOR COURT OF SAN MATEO COUNTY

400 County Center 1050 Mission Road
Redwood City, CA 94063 South San Francisco, CA 94080
www.sanmateocourt.org
MinuteOrder 1?CV31695’37
CITY OF HALF MOON BAY VS. GRANADA COMMUNITY SERVICES 17-CIV-03092
DISTRICT, et al
09/19/2017 9:00 AIVI

Motion to Transfer
Judicial Officer: DuBois Richard H Location: Courtroom 7A

Courtroom Clerk: Tia Tiagula Courtroom Reporter: Diana Masetti
Minutes
Journals
-
No appearance by any parties herein or their counsel of record.
Tentative ruling adopted and becomes order:
PLAINTIFF'S MOTION FOR MANDATORY TRANSFER OR VENUE (CCP 394)
Plaintiff CITY OF HALF MOON BAY's Motion t0 Transfer Venue is GRANTED pursuant t0 Code Civ. Proc.
394. This case is hereby transferred to Santa Clara County.
The parties essentially have no dispute over whether this case should be heard before a neutral arbiter
pursuant t0 Code Civ. Proc. 394. The appointment of a neutral judge by the Judicial Council, as welI as
the special setting 0f any future hearings and trial will necessarily bring with it some amount 0f delay.
With the exception 0f counsel for Real Party in Interest SEWER AUTHORITY, the parties' counsel are all
located within the Bay Area, and it would appear that Santa Clara would be the most logical choice 0f
venue.
If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to CRC Rule
3.1308(a)(1), adopted by Local Rule 3.10. If the tentative ruling is uncontested, moving party is directed
to prepare, circulate, and submit a written orde’r reflecting this Court's ruling verbatim for the Court's
signature, consistent with the requirements of CRC Rule 3.1312. The proposed order is to be submitted
‘
directly t0 Judge Richard H. DuBois, Department 16.

** **.** ** *1! *il‘ *ik ** ** *Ik ** ** *ik **
_2_
Future Hearings and Vacated Hearipg;
Rescheduled: September 19, 2017 9:00 AM Motion t0 Transfer

Reason: Calendar Redistribution Law 'and Motion, -
November 03, 2017 9:00 AM Case Management Conferencé

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'
Cqu’rtroom
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2] -
Case Management Conferences; -

Lf’
Patrice
From:
Sent:
LODGED WHTH THE C1
Deang
_ {T
Cari Nelson
J
<cnelson@bpmnj.com>
-
Tuesday, September 12, 2017 9:42 PM

.
Q
To: Patrice Deang

Cc: acondotti@abc-Iaw.com; Jonathan Wittwer, Pamela K. Graham; Nicholas Whipps;
dschricker©schrickerlaw.com; Christine C.Fitzgera|d; Michael G. Colantuono; Eduardo
Jansen; William Parkin
Subject: Stipulation BL Proposed Order in Half Moon Bay vs. Granada Community Services
District, et al.
Ms. Deang-
lam counsel for the Sewer Authority Mid—Coastside, Real Party in Interest in the above matter. When Iwas in Chambers
this afternoon, Judge Buchwald asked that | send an e—maiI t0 you confirming the representation that | had made t0 him
regarding approval of the stipulation by the governing bodies of each of the four local public entities that are
participating in this litigation. You will note that l have ”carbon copied" all counsel listed on the respective pleadings
filed herein.
This confirms that the City Council of Plai‘ntiff Half Moon Bay, and the respective Boards 0f Directors of Defendants
Granada Community Services District and the Montara Water 8: Sanitary District each approved the stipulation in closed
session, authorizing their respective counsel t0 sign the stipulation on behalf 0f each agency.
Similarly, the Board of Directors of Real Party in Interest'Sewer Authority Mid—Coastside (SAM) formally approved the
stipulation in open session and ratified my signature on the stipulation on behalf of SAM.
Thus, each governing body intended, as specified in Paragraph 8, that SAM operate pursuant to the Fiscal Year 2017-
2018 Budget and issue monthly invoices, which Plaintiff and Defendants shall pay, and that this Court would ”order
implementation of this stipulation” as specified in Paragraph 10.
Ca r|
Carl P. A. Nelson
Bold, Polisner, Maddow, Nelson & Judson

(925) 933-7777 (office)
(925) 933-7804 (fax)
'
-
1@E%VE Q
COUNTY
[:EMATE—O
DEPTolg
Jonathan Wittwer, SBN 058665
William P. Parkin, SBN 139718
Nicholas Whipps, SBN 306865
WITTWER PARKIN LLP ‘
147 S. River Street, Suite 221

Telephone: (83 1) 429-4055
Facsimile: (831) 429-4057
«Janna
jonathan@witmexparkin.com
wparkin@wittwetparkin.com
nwhjpps@wittwerparkin.com
W Attorneys for Cross Complainant

GRANADA COMMUNITY SERVICES Exemptfi'om Filing Fees Pursuant t0
DISTRICT . Govermnent Code Section 61 03
10
11
IN AND FOR THE COUNTY OF SAN MATEO
12
13
CITY OF HALF MOON BAY, a municipal Case No.2 17CIV03 092
14 corporation, . Unlimited Jurisdiction
15 Plaintiff, GRANADA COMMUNITY SERVICES

DISTRICT’S CROSS—CONIPLAINT
16
vs.
17
GRANADA COMMUNITY SERVICES
18 MONTARA WATER AND
DISTRICT and
SANITATION DISTRICT,
19
Defendants,
20
21
23
SEWER AUTHORITY MID-COASTSIDE,
Real Party in Interest. 446 W 5,43 ck

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24
GRANADA COMMUNITY SERVICES '
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DISTRICT, a 6M?”
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26 Cross-Complainant,
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27
VS.
28
Granada Community Services Disn'icr‘ ’s

Cross-Complain!
l
‘Mfl LQ/
CITY OF HALF MOON BAY, a municipal
cbrporation,
Cross-Defendant,
SEWER AUTHORITY MID—COASTSIDE,

OKOOOQOU‘I-DUJN
Reai Party in Interest.
Cross—Complainant Granada Community Services District (“GCSD”), in filing this
Cross-Complaint for Declaratory Relief, alleges as follows:
INTRODUCTION
1. GCSD brings this cross-complaint seeking a declaration from this Court that the .
City of Half Moon Bay (“City”) remains bound to the terms 0f a contract into which it
voluntarily entered and now unjustifiably seeks t0 avoid.
2. The Sewer Authon'ty Mid-Coastside (“SAN ”) is a Joint Powers Authority
operating in the County 0f San Mateo and serving the Mid—coastside wastewater generators in
ooqoxmpmhswoxooouoxmbwtura
the Half Moon Bay, El Granada and Montara areas. SAM operates one consolidated sewer, or
NMNNNNNMNHHH~HHH-~
wastewater, system: GCSD, Montara Water and Sanitary District (“MWSD”), and the City
comprise the voting Member Agencies 0f SAM.
3. The Member Agencies created SAM in 1976 under the Joint Exercise 0f POWers
Act, Govemment Code § 6500 et seq. On Februaly 3, 1976, the Member Agencies entered into
the first version ofthe Joint Exercise ofPowers Agreement (“‘JPA” 0r “Agreement”) in the spirit
0f mutual benefit, cooperation and compromise. The Agreement, including subsequent
amendments thereto, contractually binds, each Member Agency t0 its tems.
4. SAM sought and obtained federal and state funding t0 construct, own and Operate
an interconnected wastewater system, comprised 0f the following componefits: the SAM Intertie
Granada Comnmnily Services District ’S

Cross-Complaint
2
Pipeline System (“SAM IPS”) serving the Member Agencies; the SAM wastewater treatment
plant; and an associated SAM ocean outfall pipeline for the SAM wastewater treatment plant
AWN (collectively, “SAM Sewer System”). A11 Member Agencies are r65ponsible for the wastewater
collection systems within their respective jurisdictions, and subsequently transmit this
wastewater t0 the SAM IPS collection and transmission system t0 be treated at the wastewater
treatment plant. Treated effluent is then discharged through the ocean outfall. As a single,
\JQM
consolidated wastewater system, all Member Agencies utilize and benefit from each system
component. The Member Agencies created SAM with this primary concept and goal in mind.
5. In June 2017, after nearly four decades of continual operation, the City decided
that work on segments of the SAM [PS component 0f the SAM Sewer System had transformed
into a “new project,” although the SAM IPS has not changed in shape, size, 0r capacity. In a
reversal of its decades-long practice and in violation 0f the binding terms of the JPA, the City has
now taken the position that it is n0 longer responsible t0 fund work performed on the SAM ES,
insisting that the other SAM Member Agencies must now shoulder the City’s portion 0f this
burden.
6. ‘
The City cemented its position to no longer fund SAM [PS work by refusing t0
approve the 2017—201 8 SAM General Budget as it was submitted t0 each Member Agency. This
created an unnecessary funding crisis. Contrary t0 the City’s current legal position, it remains
liable for and responsible t0 fund past, present and future work 0n the SAM IFS, a component 0f
the consolidated SAM Sewer System all Member Agencies successfully created, and have
collectively maintained for nearly four decades.
7. Although the City contends in its Complaint for Declaratory Relief that it seeks
this Court’s assistance in intetpreting the JPA, in truth the City now seeks t0 re—write this
foundational document in an attempt to avoid its binding terms. In this context, GCSD brings
suit t0 seek an affirmative ruling from this Court that the City continues t0 share responsibility
for the SAM IPS, as all Member Agencies agreed in choosing a consolidated SAM Sewer
System with federal and state funding rather than utilizing the then-existing three separate
treatment facilities 01‘ siting the consolidated SAM treatment plant in E1 Granada or Montara.
Granada Communify Services Disrricf ’s Cross—Complaint

3
PARTIES
8. GCSD hereby incorporates by reference paragraphs l through 7 as if fully set
‘
fonh herein.
9. Cross-Complainant GRANADA COMMUNITY SERVICES DISTRICT is a
public agency originally duly organized in 1958 under the Sanitary District Law 0f 1923, Health
and Safety Code section 6400, et. seq, and now existing as reorganized under the Community
Services District Law, Government Code section 61000 et seq, with its principal office in El
Granada, in the County of San Mateo, California.
10. Cross—Defendant CITY OF HALF MOON BAY is a city located in the County of
San Mateo, California.
11. Real Party in Interest SEWER AUTHORITY MID—COASTSIDE is and was, at
all relevant times herein, a joint powers authority organized under the Joint Exercise of Powers
Act, Government Code §6500 et seq, and created by its Member Agencies now known as the
CITY OF HALF MOON BAY, GRANADA COMlVHJNITY SERVICES DISTRICT, and

MONTARA WATER AND SANITARY DISTRICT, pursuant t0 the February 3, 1976 JPA, as
revised by Amendments 1 thI-ough 8. The principal office 0f the SEWER AUTHORITY MID-
COASTSIDE is located in the CITY OF HALF MOON BAY, within the County 0f San Mateo,
California.
JURISDICTION AND VENUE

12. GCSD hereby incorpofates paragraphs 1 through 1 1 as if fully set forth herein.
13. Jurisdiction 0f this Court is invoked pursuant t0 California Code 0f Civil
Procedure § 1060 er seq. because GCSD seeks a declaration from this Coun regarding the rights
and duties 0f the City and GCSD as Member Agencies t0 the JPA.
14. Venue for this action properly lies in the County 0f San Mateo Superior Coun
because the City, GCSD, MWSD and SAM are located in this County, and most, if not all acts
leading t0 this lawsuit occurred in this County.
Granada Community Services Districf '5 Cross—Complaint

4
STATEMENT OF FACTS
1'5. GCSD hereby incoxporates paragraphs 1 through 14 as iffully set forth herein.
.p 16. GCSD, MWSD and the City f01med SAM on February 3, 1976 by entering into
the JPA. The Member Agencies desired t0 form SAM t0 create “a single representative
organization” tasked with “developing a joint waste collection, transmission, 'treatment[',]
\OWH-JO‘xUI
disposal and management plan . . . capable of acquiring, constructing, maintaining,
managing, operating and controlling facilities for the joint collection, transmission,
treatment and disposal of wastewater” within the Half Moon Bay water basin. (JPA preamble
10 see, Complaint in Exhibit A). The JPA created a SAM Board 0f Directors. Each Member
11 Agency has two seats on the SAM Board of Directors, with the City having two votes per séat
12 and GCSD and MWSD each having one vote per seat.
13 17. At the time 0f SAM’S inception, the Member Agencies were faced with two
14 options t0 proceed with the development 0f a joint wastewater collection, treatment, and
'
15 disposal: Plan A, described as a “partial consolidation” plan; 0r Plan F, a “fully consolidated
16 wastewater treatment system” as shown in the February 3, 1976 IPA (Complaint Exhibit A).
17 Member Agencies ultimately chose to implement Plan F. Initial planning focused 0n _
18 “develop[ing] regional solutions t0 [regional] wastewater treatment and management,” in file
19 form 0f“proposals for construction ofjoint collection systems, trunk and interceptor lines,
20 treatment pIan[t]s, and disposal systems.” (Complaint Exhibit A, JPA § IV(A)). This planning
21r focused 0n “the full consolidation 0f sewage treatment facilities,” which the February 3, 1976
22 JPA and all reievant subsequent amendments refer to as the “Present Project.”
23 18. SAM consfi’ucted the Present Project in two phases. Phase I 0f the system
24 consisted 0f three components with “capacity rights, construction costs and operation and
25 maintenance expenses being shared as specified” until these costs were reallocated as
26 contemplated in Phase II. (Complaint Exhibit B, JPA § [V(B)(1)(a)). These three Phase I
27 components were (i) the SAM IPS, with initial construction costs “shared equally between
28 [MWSD] and [GCSD]”; (ii) an ocean outfall pipeline, shared one-halfby the City, and one-
Granada Community Services District '5 Cross—Complaint

5
[\J
quarter by MWSD and GCSD, each, and (iii) a proposed, but never constructed, wastewater
reclamation pipeline, “solely assigned” to the City. (Complaint Exhibit B, JPA § IV(B)(1)(a)(i)-
\JQUW-Ihu.)
(iii)). The SAM [PS consists 0f approximately 7.3 miles ofpipeline and four pump stations t0
collect and transmit the flow of wastewatcr for treatment and diSposal.
19. Phase II of the Present Project consisted of the construction of the final
component 0f the SAM Sewér System, which contemplated one 0r more wastewater treatment
facilities. For Phase II, SAM considered constructing either a single plant t0 be located at the
site of the then-exist'mg Half Moon Bay treatment plant, 0r three separate plants, located in Half
Moon Bay, Montara and El Granada (which plants were already in existence). The Member
Agencies chose t0 construct a single consolidated treatment plant, t0 which SAM connected the
then—existing, SAM—owned SAM IFS.
20. Phase II Reallocation. Under the temls 0fthe IPA, as reflected in the July 2,
1979 JPA Amendment, and upon the SAM Board 0f Directors’ decision to construct a single,
consolidated wastewater treatment plant, the Member Agencies agreed t0 reallocate the costs
and expenses of the SAM Sewer System, thereby terminating the previous Phase I cost
allocations. (Complaint Exhibit B, IPA § IV(B)(4)). The Member Agencies agreed to share the
total expenses of operation and maintenance of all the components of the SAM Sewer System
“based 0n flows into the single consolidated treatment plant facility,” and that “capacity rights
and construction costs previously allocated in Phase I components shall be reallocated to be
consistentrwith the treatment plant facility allocations.” (Complaint Exhibit B, IPA § N(B)(4)).
The JPA defines “construction” as including “acquisition, reconstruction, alteration,

.
enlargement, replacement or reparation as well as construction.“ (Complaint Exhibit B, IPA §
I(d)). The California Coastal Commission determined the treatment plant facility allocations to
be 50% (City), 30% (GCSD),-and 20% (MWSD) based 0n the “service needs” of each Member
Agency, as reflectedjn the Local Coastal Program in effect in 1979 (“LCP Allocation”). Thus,
'
“Construction,” as referenced throughout this Cross-Complaint, includes repair and
replacement, as defined in the JPA.
Granada Community Services District’s Cross—Complaint

6
L
the Phase II reallocation explicitly governs operations and maintenance, including construction
costs, for all of the completed SAM Sewer System components, including the SAM IPS, in the
General Budget. Similarly, in the event SAM incurs any liabilities, the Agreement sets Member
Agencies’ respective contributions t0 pay for these liabilities in proportion t0 each Member
Agency’s flows into the wastewater treatment plant. (Complaint Exhibit B, JPA § VIII(C)). In
reliance upon this reallocation of costs and expenses, GCSD and MWSD did not proceed with
constructing either a single consolidated wastewater treatment plant in El Granada 0r Montara, 01
separate wastewater treatment facilities located within each jurisdiction.
21. SAM’S stated goal under the terms ofthe IPA was, “[i]n the event the single
treatment plant concept is selected as the fourth component under Phase II, it is the intent 0fthe
Authority tofurther consolidate sewerfunctions within the service areas 0fthe three member _
agencies, and t0 establish a uniform system ofsewer service charges, levied throughout the entire
jurisdiction ofrhe Authority, with which to pay expenses ofoperations and maintenance.”
(Complaint Exhibit B, IPA § IV(B)(5)).
22. SAM owns and operates all components 0f the SAM Sewer System, including the
?SAM TPS. SAM receives its revenue from JPA assessments paid by its member agencies.
Consistent with the terms of the Phase II reallocation, these assessments are calculated based 0n
each Member Agency’s percentages 0f wastewater flows into the SAM wastewater treatment
plant and the LCP Allocation. As of 2017, the flow allocations consisted of 52 percent (Half
Moon Bay), 26 percent (GCSD) and 22 percent (MWSD).
23. In its Complaint, the City alleges that, according t0 the JPA, it is not responsible
for ongoing operations and maintenance 0f the SAM IPS because it does not “benefit” from the
SAM IPS. Contrary t0 the City’s allegations, the City directly and indirectly utilizes and benefits
from the SAM IFS. The SAM ES collects and transmits City wastewater to the SAM
wastewater treatment plant, and the City receives wastewater flow “priority” at the SAM
wastewater treatment plant. The City receives higher wet weather wastewater flow capacity due
t0 capacity limitations 0f the SAM LPS, which limits the flow 0f wastewater from GCSD and
MWSD to the wastewater treatment facility during wet weather events, to the benefit of the City.
Granada Commum'ly Services District ’s

Cross-Cqmplaint
.
7 1
24. Regardless of the “benefits” the City receives from the SAM IPS, as alleged,
supra, the JPA Phase II feallocation 0f SAM Sewer System costs and expenses does not rely on a
AL»)
“benefit” calculation, based 0n the relative benefit each Member Agency receives from the
various components of the SAM Sewer System. Instead, the Phase II allocations for SAM Sewex
System General Budget funding relies 0n each Member Agency’s proportion 0f wastewater
flows into the wastewater treatment plant and their LCP Allocations. The June 12, 2017 SAM
\IQ
Staff Report discussing the 2017-2018 General Budget correctly reasoned that “the total
expenses 0f operation and maihtenance (O & M) of all 0f the components 0f the [SAM Sewer
System] (intertie pipeline and attendant pump facilities, ocean outfall, treatment plant) shall be
10 shared in a manner based 0n flows.”
11 25. From the time of the Phase II reallocation according to the terms 0f the July 2,
1979 IPA Amendment, until the City’s June 2017 refilsal t0 approve the 2017-201 8 SAM
13 General Budget, the City has continually funded the operation and maintenance, including
14 construction, 0n the SAM IPS, in accordance with the reallocation set and agreed t0 by the
15 Member Agencies in the JPA. In doing so, the City has fimded maintenance activities on the
16 SAM IPS, including the repair and replacement 0f pipe segments. All components 0f the SAM
17 Sewer System contain a mixture 0f older and newer pans, installed and maintained with the
18 effect and purpose 0f extending the service life of the SAM IPS and a1] other SAM Sewer
19 System components.
20 26. In past yeiars, the City has repeatedly and consistently paid its reallocated share,
I
21 including payments for large-scale SAM IPS maintenance activities involving construction by
22 repair and replacement 0f pipeline segments. Most recently, the City, as a SAM Member
23 Agency, approved SAM IPS repair and replacement work in 2014 (repairing and replacing 1,750
24 feet of the SAM IPS), and in 2016 (repairing and replacing 2,600 feet of the SAM IPS). The
‘
2017—201 8 SAM General Budget submitted t0 the Member Agencies included similar SAM [PS
26 repair and replacement work.
27 27. Under section V(A) of the JPA, the SAM General Budget is reviewed and
28 approved annually. Each year, SAM prepares a General Budget t0 fund, inter alia, the
Granada Comnmnity Services District’s Cross—Complaint

8
operations and maintenance, including construction, 0f the SAM IPS and other componentsof
the SAM Sewer System. SAM staffpresent the annual General Budget to the SAM Board 0f
LON
Directors for consideration. The Board 0f Directors then votes to approve submitting each year’s
General Budget to each SAM Member Agency for consideration and approval by each Member
Agency’s governing body. Once the governing body 0f each Member Agency has approved the
General Budget, the Budget is then returned to the SAM Board 0f Directors for final approval.
OO‘QQUI
The failure 0f even one Member Agency t0 approve the annual General Budget exactly as it was
presented t0 all Member Agencies results in the complete failure 0f the annual General Budget,
causing the elimination 0f funding for SAM unless and until the Member Agencies finally
10 unanimously approve an annual General Budget.
11 28. Between the months 0f March and June 2017, SAM prepared and the Board 0f
Directors considered the 2017-201 8 General Budget. On June 12, 2017, the SAM Board 0f
13 Directors, including its Half Moon Bay representatives, approved submitting the 20 17—2018
14 General Budget t0 SAM Member Agencies for approval. This budget includes $1 .5 million in
15 funding for SAM LPS infrastructure repair and replacement, an increase from the Member
16 Agency'r—approved 2016—2017 budget, which contained $746,000 in funding for Infrastructure
17 work, which also included SAM IPS-related work. Since this increase was designed t0 repair
18 and replace certain preexisting ponions of the SAM—owned—and—operated SAM Sewer System, it
19 was properly placed into the 2017-201 8 General Budget.
20 29. GCSD and MWSD approved the 2017—2018 General Budget as it was presented
21 to them. The City failed t0 d0 so, claiming the SAM IPS infrastructure work should not be
22 included in the General Budget, and, instead should be approved separately as a Proj ect Budget.
23 30. The JPA provides for “Project Budgets” separate from the General Budget. The
24 Project Budget procedures provide for the “initiation” of any new project that two or more of the
25 Member Agencies propose t0 fund. Under the plain reading 0f the JPA and the past practice 0f
26 the Member Agencies, the Project Budget provisions apply t0 new improvements not previously
27 existing. Because all three SAM Sewer System components, including the SAM IPS, have been
in existence and continual use and have been functioning for nearly four decades, the Proj ect
Granada Community Services Districr’s Cross-Complaint

9
Budget provisions 0fthe IPA arc inapplicable t0 work done on the SAM IPS. The 2017-20 1 8
[Q General Budget did not envision expanding the SAM IPS or increasing its capacity, it only
proposed to implement a plan to repair and replace certain segments 0f the SAM IPS, in line with
similarly funded past repairs and replacements. The Member Agencies have regularly and
properly funded work on the existing SAM Sewer System, including the SAM IPS, through the
OOOQONUIhLa-J
General Budget.
31. GCSD now seeks an affirmative declaration from this Court that the City
continues to share r63ponsibility for its share of all costs and expenses related t0 the SAM IPS, as
reflected in the JPA, as well as an affirmative declaration that infrastructure work which does not
10 envision expanding the SAM IPS 0r increasing its capacity, but only proposes to implement a
11 plan to repair and replace certain segments of the SAM IPS pipeline does not require a Project
Budget.
13
14 FIRST CAUSE 0F ACTION FOR DECLARATORY RELIEF

15 32. GCSD hereby incorporates paragraphs 1 through 31, as iffully set fonh herein.
16 33. SAM currently owns, operates, and maintains a fully consolidated SAM Sewer
17 System, consisting 0f(1) the SAM IPS, (2) the SAM wastewater treatment facility, and (3) the SAM
18 ocean outfall pipeline. SAM has been responsible for the continual operation and maintenance of the
19
consolidated SAM Sewer System since its inception.
20
34. The fully consolidated SAM Sewer System was constructed and/or incorporated in
two phases. Phase I included the construction and/or incorporation ofthe SAM IPS and the SAM
21
ocean outfall. Phase II constructed the SAM wastewater treatment plant.
22
35. Phase H reallocated the SAM Sewer System’s annual costs and expenses according to
23
each Member Agency’s wastewater flows into the wastewater treatment plant and the LCP
.24
Allocation. Reallocated costs and expenses as to the SAM IPS are thus fixed, and consist of
25
Operations and maintenance, including construction, and the requirement to cover SAM liabilities.
26
36. The JPA intentionally designed the Phase II reallocation to be independent of each
27
Member Agency’s perceived 0r realized “benefit” received from any given SAM Sewer System
28
Granada Communiry Services District '5

Cross-Complaint
10
L
. .
c6mp0nent, with the goal of creating a consolidated Mid-Coastside wastewater system. In agreeing
t0 construct the single fully consolidated SAM Sewer System with the SAM wastewater treatment
facility located in Half Moon Bay, GCSD and MWSD detrimentally relied on the fact that the City
.pm
would continue t0 adhere t0 the Phase II reallocation cost formula. In any event, the City both
directly utilizes the SAM [PS t0 collect and transmit City wastewater to the SAM wastewater
treatment plant, and benefits fiom the SAM IPS in the form 0f the City’s ability t0 send a
I
\ION
disprOportionately greater amount 0f wastewater t0 the wastewater treatment plant during wet
weather events so as t0 reduce the need for the City t0 construct wet weather storage facilities.
m
37. Since the inception 0f the IPA, SAM has regularly and properly funded SAM IPS
work, including pipeline replacement, through the General Budget. The City has long, and
repeatedly, approved General Budgets that include SAM [PS infrastructure work, such as repair and
r'eplacement.
~
38. On June 12, 2017, the SAM Board 0f Directors (including the SAM representatives
fiom the City) voted t0 submit the 2017—2018 General Budget t0 each Member Agency for approval.
The 2017-2018 General Budget included approximately $1 .5 million in repair and replacement work
t0 the SAM IPS. GCSD and MWSD approved the 2017-201 8 General Budget as it was submitted.
The City expressly declined t0 approve the 2017-2018 General Budget as it was submitted.
39. The SAM IPS infrastructure work was properly included in the 2017-201—8 General
Budget. The JPA reflects the Member Agencies’ agreement to include all ongoing SAM IPS
operations and maintenance, including construction, in the General Budget. The JPA further
provides that these costs and expenses shall be allocated according t0 each Member Agéncy’s flows
into the wastewater treatment plant and the LCP Allocation.
40. The SAM IPS is an integral component 0f SAM’S fully consolidated SAM Sewer
System. Because the SAM IPS is owned, operated and maintained by SAM, and is an existing
improvement, infrastructure work 0n the SAM IPS does not fall under the “Project Budget”
provisions of IPA section N(B). The SAM IPS infrastructure work in the 2017—2018 General
Budget would not alter, expand, 0r increase the service area or capacity 0f the SAM IPS as it
currently exists.
Granada Community Sewices District’s Cross-Complaint

1 1
Q .
_
.
PRAYER FOR RELIEF
WHEREFORE GCSD hereby prays for relief as follows:
a. For a judicial declaration that SAM owns, operates and maintains the SAM Sewer
System, including the SAM IPS;
b. For a judicial declaration that the JPA Amendment dated July 2, 1979 established
QONM-b
reallocated costs and expenses for fill SAM Sewer System components, including the SAM IFS,
based 0n each Member Agency’s flows into the wastewater treatment plant and the LCP Allocation;
c. For a judicial declaration that the City continues to share respousibility for costs and
OO
expenses related t0 the SAM IPS (including operations, maintenance, construction, and liabilities) .
and in proportion t0 the City’s wastewater flows into the wastewater treatment plant and its LCP
10
Allocation;
11
d. For ajudicial declaration that the City utilizes and benefits from the SAM IPS;
12
e. For a judicial declaration tha_t the SAM IPS infrastructure work was properly placed
13
in the 201 7-2018 SAM General Budget; I
14
f. For a judicial declaration that the SAM IPS infrastructure work proposed in the 2017-
15
201 8 SAM General Budget is not subject to the JPA Section V(B) “Project Budget” provisions and
16
procedures;
17
g. For costs 0f suit and attomeys’ fees and related expenses, pursuant to Califomia Code
18
of Civil Procedure § 1021.5; and
19 h. For such other relief as this Court deems proper.
20
21 DATED: September 2017 WTTTWER PARKIN LLP

5,
22
23
24 ?Hathan Wittwer
ttomeys for Defendant and Cross—
25 Complainant
GRANADA CONIMUNITY SERVICES
26 DISTRICT
27
28
Granada Community Senlz'ces Dislrict‘s Cross-Complm‘nt .
12
RECE
<5)
IVE
SEP
Rm 07 2017
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DAVID E. SCI-IRICKER, #3 6534
LAW OFFICE OF DAVID E. SCHRICKER
563 South Murphy Avenue
Sunnyvale, CA 94086
Telephone: (408) 517-9923
Facsimile: (408) 900-8225
dschrickerfizlschfickerlawsom'
\OOO‘JQMAUJNr—A
CHRISTINE C. FITZGERALD #131531

FITZGERALD LAW OFFICES
A PROFESSIONAL CORPORATION
345 Lorton Avenue, Suite 301
Burlingame, CA 94010
Telephone: (650) 348-5195
Facsimile: (650) 239-1207
Exempt From Filing Fem Pursuant
fitzgeraldlaw@sbcglobal.net
To Government Code Section 6103
Attorneys For Cross Complainant

1N AND FOR TI-E COUNTY OF SAN MATEO

CITY OF HALF MOON BAY, a municipal Case No. 17 CIV 03092
corporation,
MONTARA WATER AND SANITARY
Plaintifi, DISTRICT’S CROSS COMPLAINT FOR
DECLARATORY RELEF
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WATER AND
DISTRICT and MONTARA
SANITARY DISTRICT;
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MONTARA WATER AND SANTITARY DISTRICT‘S CROSS COMPLAINT 17 CIV 03092

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v.
Cross-Defendant,
and
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Real Pany in Interest.-
COMES NOW Cross Complainant Montara Water and Sanitary District, a public agency, and
alleges as follows:
GENERAL ALLEGATIONS
1. Cross Complainant MONTARA WATER AND SANITARY DISTRICT (“MWSD”) is
and was, at all times relevant herein, a local agency duly organized under the Sanitary District Law
of 1923, also exercising the powers of a county water district pursuant to Health and Safety Code
Section 65 12.7, and now is existing and authorized as a Water and Sanitary Disuict, with is
principal place of business in Montara, San Mateo County, California.
2. GRANADA COMMUNITY SERVICES DISTRICT (“GCSD”) is and, at all times

relevant herein, was a local agency duly organized under the Sanitary District Law 0f 1923, and now
Community Services District Law, with principal place of

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is existing and authorized under the its
business in E1 Granada, San Mateo County, California.
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3. Cross Defendant CITY OF HALF MOON BAY (“CITY”), is a general law city
organized under the Constitution and the laws of the State of California and located in the County of
San Mateo.
4. Real Party in Interest SEWER AUTHORITY NflD-COASTSIDE (“SAM”), is and was,
at all times relevant herein, a joint powers agency duly organized under the February 3, 1976
Agreement Creating The Sewer Authority Mid-Coastside, as revised by Amendments 1 through 8,
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MONTARA WATER AND SANTITARY DISTRICT’S CROSS COMPLAM 17 CIV 03092
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hereinafier called "the JEPA," pursuant to the Joint Exercise ofPowers Law, Government Code
section 6500 et seq. SAM's Member Agencies are the CITY, GCSD and MWSD. SAM is a public
entity separate fiom its member agencies and located in San Mateo County and has the power to sue
and to be sued in its own name pursuant to the JPA and Government Code Section 6507.
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5. SAM owns and operates a secondary wastewater n'cattilent and disposal system which is
comprised of a treaunent plant, an ocean outfall pipeline and a collection system that collects
sewage fiom satellite collection systems serving the combined needs of the CITY, GCSD and
MWSD (“System”).
6. Upon formation of SAM in 1976, the System contained four (4) components, which
were built in two (2) Phases. The collection system was the first component of Phase I and was built
in 1979. Known as the Intertie Pipeline System (“IPS”), it consists of approximately eight (8) miles
of force mains and gravity interceptors and pump stations that convey raw sewage fi'om all Member
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Agencies to SAM’s treatment plant. The IPS was inifially constructed to connect the MWSD and
GCSD systems to a new ocean outfall located adjacent to the CITY’S then inoperable outfall line.
The cost of the initial installation of the IPS was shared equally between MWSD and GCSD, and the
cost of the new ocean outfall pipeline was shared between all three Member Agencies, to wit: 1/:
CITY, 1/4 MWSD and V4 GCSD.

7. Thereafier, SAM implemented Phase II and chose to construct a single consolidated
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treatment plant facility at the site of the CITY’S then existing u'eatment plant, the goal of which was
to further consolidate the sewer functions of the Member Agencies. The plant was designed to treat
the combined flows fiom the individual collection systems of the Member Agencies, with the
capacity rights and construction costs that were previously allocated in Phase 1 re-allocated in
proportion to each Member Agency’s service needs ofthe WWTP. (CITY=50.5% MWSD=29.5%
GCSD=20%).
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MONTARA WATER AND SANTITARY DISTRICT’S CROSS COMPLAINT l7 CIV 03092
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8. Pursuant to the Phase II re-allocation of costs, the total expenses of operating and
N maintaining SAM’s System pomponents were and are allocated based on each Member Agency’s
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flows to the treatment plant These costs are part of the “Operations and Maintenance" expenditures
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of SAM’s General Budget for which all Member Agencies contribute in accordance with their
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respective allocations and each fiscal year, SAM adopts a General Budget afier approval by each
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Member Agency} The JPA also requires the adoption of separate Project Budgets for specific
W projects afier approval by each Member Agency. The Project Budget expenditures are not bound to
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be shared in a manner based on each Member Agency’s flows to the treatment plant.
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9. Over the years, numerous repairs, rehabilitation and replacement of segments of the
pipeline and other [PS attendant facilities has consistently been interpreted as “maintenance” and
paid fi‘om the General Budget. The CITY has repeatedly conh-ibuted the cost of past operations and
maintenance of the ES. The most recent example is fi'om the 2015-16 General Budget where SAM
approved costs to rehabilitate the [PS pipeline by abandoning a failing segment ofpipe and
installing a new section alongside it, as well as replacing existing air valves along another segnent.
10. A11 Member Agencies utilize and benefit fi'om the IPS, including the CITY. For
example, the northern portion ofthe CITY is served by the [PS by and through GCSD’s collection
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system, which boundaries overlap with the CITY’S. "Rocket Fann‘s" and “Nurserymen’s
Exchange”, also located in the CITY, have direct connections to the IPS, either fi'om the CITY‘S
collection system or directly to the intertie within CITY'S service area. The CITY also receives
indirect use of the IPS when, in wet weather, the CITY'S discharge exceeds
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its collection and
transmission capacity and MWSD's & GCSD's flows are stored in the IPS pipeline so the CITY’S
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The JPA further provides that liabilities, debts and obligations incurred by SAM be shared
between the Member Agencies in proportion to their allocation shares in the System.
4
MONTARA WATER AND SANTITARY DISTRICT’S CROSS COMPLAINT I7 CIV 03092
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flow can be conveyed to the treatment plant.

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FIRST CAUSE 0F ACTION FOR DECLARATION RELEF
11.
-The present dispute arises fiom the CITY’S refusal to approve SAM’s 2017-18 General
Budget which includes expenditures for replacement of certain portions ofthe ES pipeline and
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repairs to the IPS attendant pumping facilities (“IPS Division Work”), which the CITY contends itis
not required to fund because it does not use or benefit fi‘om, or have capacity rights in the IPS and,
thus, requires a separate Project Budget.
12. MWSD approved SAM’s 2017-18 General Budget and contends that the IPS Division
.
Work constitutes proper operation and maintenance expenditures.
13. There is an urgent need to repair and replace segnen’rs of the IPS and other attendant
pumping facilities and MWSD desires and is entitled to a judicial declaration that the IPS Division
Work constitutes proper operation and maintenance expenditures under the General Budget.
14. An actual and present conuoversy has arisen and now exists between MWSD on the one
hand, and the CITY on the other. MWSD contends that the JPA obligates the CITY to pay its
allocated share of the cost ofthe IPS Division Work as a Geneml Budget expenditure.
15. Moreover, MWSD seeks declaration that CITY is responsible to contribute its allocated
SAM’s
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share of all liabilities, debts and obligations related to System.
16. MWSD prays for declamtory as specified more fully below.

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PRAYER
WHEREFORE, Cross Complainant prays for relief as follows:
a. For a judicial declaration that the IPS Division Work is part ofthe operations and
maintenance of SAM’s facilities and required to be paid fiom the General Budget.
MONTARA WATER AND SANTITARY DISTRICT‘S CROSS COMPLAINT l7 CIV 03092

For a judicial declaration that the JPA requires the CITY to approve the General
Budget and contribute its allocated share based on flows to the WWTP to pay for the
IPS Projects as part of the operation and maintenance of SAM’s facilities;
For a judicial declaration that the JPA requires that the IPS Division Work does not
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require a Project Budget within the meaning of JPA Section V(B).
”
For ajudicial declarationthat IPS Division Work does not constitute a “projec
-
within the meaning ofthé IPA Section V(B).
For a judicial declaration that JPA does not authorize the City to withhold its
approval ofthe IPS Division Work or to withdraw fiom said projects to avoid further
financial responsibility.
For a judicial declaration that the CITY is not authorized to withhold its approval of
the General Budget for fiJture repair, rehabilitation and replacement work related to
the IPS.
For a judicial declaration that the System, and its components, are owned by SAM
and that the CITY ‘is precluded fiom withholding its approval of the General Budget
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for all liabilities, debts and/or obligations arising fiom the System and its
componenfi.
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For a judicial declaration that the CITY utilizes and/or benefits fi'om the IPS.
For a judicial declaration that the JPA requires the CITY to be financially responsible
proportionate to its allocated share for all liabilities, debts and/or obligations related
to SAM’s System.
For costs of suit and attorneys fees pursuént to Code of Civil Procedure Section
1021 .5.
For such other and further relief as the Court deems proper.
6
MONTARA WATER AND SANTITARY DISTRICT’S CROSS COMPLAINT 17 CIV 03092
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DATED: August 24, 20 1 7 FITZGERALD LAW OFFICES

A Professional Corporation
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Attorneys for Cross Comp] El! MWSD

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MONTARA WATER AND SANTITARY DISTRICT’S CROSS COMPLANT 17 CIV 03092
I declare that I
L.
eighteen years and not a party to this action.
301, Burlingame, California, 94010.

W
On August 24, l7, I
MONTARA WATER AND SANITARY DISTRICT’S CROSS COWLAINT FOR

L.
am employed in the County of San Mateo, California.
served the within:

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My business address is 345 Lorton Avenue, Suite

am over the age of
DECLARATORY RELIEF
Re: CITY 0F HALF MOON BAY v. GRANADA COMMUNITY SERVICES AND
DISTRICT AND MONTARA WATER AND SANITARY DISTRICT
San Mateo County Superior Court Case No. 1 7CIV03092
on the interested parties in said cause as indicated below:
[] (BY PERSONAL SERVICE) I caused a copy of said pleading(s) to be hand delivered

to the opposing counsel:
[ ] (BY FACSIMILE) I caused a copy of said pleading(s) to be sent via facsimile

transnfission to the interested parties at:
[ ] (BY FEDERAL EXPRESS MAIL) I caused a copy of said p1eading(s) to be sent

via Federal Express Mail to the parties listed below:
[X] (BY REGULAR MAIL) I caused a copy of said pleadings to be placed in a United States
Mail depository,
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in a sealed envelope with postage fully prepaid to the below listed

addresses:
Anthony P. Condotti
Atchison, Barisone Condotti,& APC
P.O. Box 481
Michael G. Colantuono
Pamela K. Graham
Eduardo Jansen
Colantuono, Highsmith Whatley, PC &
I declare under penalty of peljury under the laws of the Stale of California that the
foregoing is true and correct.
Dated: August 24, I7

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COLLEEN C. Fl E E
I declare that I
eighteen years and not a party to this action.
301 Burlingame, California, 94010.

,
W
am employed in the County of San Mateo, California.
MONTARA WATER AND SANITARY DISTRICT’S ANSWER TO COMPLAINT FOR

DECLARATORY RELIEF;
I am over the age of
My business address is 345 Lorton Avenue, Suite
0n September 6, 17, I served the within:
MONTARA WATER AND SANITARY DISTRICT’S CROSS’CODIPLAINT FOR

DECLARATORY RELEF; and
MONTARA WATER AND SANITARY DISTRICT’S AMENDMENT T0 CROSS
COWLAINT FOR DECLARATORY RELIEF
San Mateo County Superior Court Case No. 1 7CIV03092
[ ] (BY PERSONAL SERVICE) I caused a copy of said pleading(s) to be hand delivered


n‘ansmission to the interested parties at:
[ ] (BY FEDERAL EXPRESS MAIL) I caused a copy of said pleading(s) to be sent

Mail depository, in a sealed envelope with postage fully prepaid to the below listed
addresses:
Carl P.A. Nelson Jonathan Wittwer

Bold, Polisner, Maddow, Nelson & Judson William P. Parkin
2125 Oak Grove Road, Suite 210 Walnut Nicholas Whipps
Creek, CA 94598 Wittwer Perkin LLP
I declare under penalty of perjury under the laws of the State of California that the
Dated: September 6, 17 .
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COLLEEN C. FI E
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RECEIVED
§ SEP 082017
BOLD POLISNER MA DDOW

NELSON é: jLIDSON
SUPERIOR COURT OF SAN MATEO COUNTY
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CivilDepartment‘“ P
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400 County Cente r, Redwgga tfiffigfl‘g‘é‘o‘
COUNTY
(550) 251 5100 _
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www.sanmatepemw‘tgm -3 A ‘0‘
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Date: 9/13/2017
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BY
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the Matterof: CITY
Case No.:
0F HALF MOON BAY vs. GRANADA COMM Nm’ SERVICES DISTRICT et aI
| declare under penalty of perjury that on the following date | deposited in the United States Post Office mall
box at Redwood City, a true copy of the attached document(s) STIPULATION AND ORDER RE: EXPENSES AND
ASSESSMENTS OF SEWER AUTHORITY MlD-COASTLINE, enclosed in an envelope, with proper and necessary
postage thereon, and addressed to the following:
Executed on: 9/13/2017

Rodinapurt Execut e Off‘ Clerk
By:
Deputy Clerk],
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Patrice D a ,
Cogies Mailed To:
CARL P.A. NELSON

Bold, Polisner, Maddow, Nelson &Judson
A Professjona] Corporation
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Rev. Jun. 2016

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STATE O? CALTFORNTA
COUNTY OF SAN MATEO SS.
1.Hadlna M. CmaJum, Ibo Clcfi oflho Superior Om oh}: above

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TIMOTHY J. RYAN (tganngpmnjcom) SBN 83775 ,
CRAIG L. JUDSON c'udson b mn'.com) SBNIIIQQZ6-3

SHARON M. NAGLE (snagle@ anj.com) SBN 179124
Bold, PoliSner, Maddow, Nelson & Judson
A Professional Corporation S .RI R
2125 Oak Grove Road, Suite 210 -
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wamm Creek, CA 94598 BY
(925) 933-7777 —_ Telephone
(925) 933-7804 ~ Facsimile
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Attorneys for Real Party In Interest Sewer Authority Mid-Coastside

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CITY OF HALF MOON BAY, a municipal corporation,) Case No. m1.
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M Plaintiff, STIPULATION AND ORDER
REGARDING EXPENSES
VS. AND ASSESSMENTS OF
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SEWER AUTHORITY MID-

GRANADA COMMUNITY SERVICES DISTRICT COASTSIDE
and MONTARA WATER AND SANITARY
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DISTRICT, Assi ned for all purposes t0
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Defendants. .
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(Gov. Code. §6103)
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Real Party In Interest
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IT IS HEREBY STIPULATED by and among Plaintiff CITY OF HALF MOON BAY,
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M to Defendants GRANADA COMMUNITY SERVICES DISTRICT and MONTARA WATER
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Lu.) AND SANITARY DISTRICT, and Real Party In Interest SEWER AUTHORITY MID-
COASTSIDE, through their respective attorneys, as follows:
OF HALF MOON
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1. The above-captioned litigation is brought by Plaintiff CITY
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Order
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N ON BAY (“CITY”) against the defendants hereto and real party in interesf herein t0 obtain a judicial
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M x] decimation of the parties’ respective rightg and obligations under the February 3, 1976
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_ Mm Agreement Creating The Sewer Authority Mid-Coastside, as revised by Amendments 1 through
8, hereinafter called “the IEPA,” principally with respect to whether certain activities (126., work
related to the “intertie pipeline and attendant pumping facilities”) are properly included within
“[t]he total expenses of operation and maintenance of all of the components of the Present
Proj cot” to “be shared in "a

manner based on flows into the single consolidated treatment plant
facility” or separate “Projects” regarding which each Member Agency may choose whether or
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not “to be a participant.” (Terms in quotes are from the JEPA as amended.)
2. Defendant GRANADA COMMUNITY SERVICES DISTRICT (“GCSD”) is and,

at all times relevant herein, was a local agency duly organized under the Sanitary Distn'ct Law of
1923, and how is existing and authorized under the Community Services Diskict Law, with its
principal place of business in E1 Granada, San Mateo County, California.
3. Defendant MONTARA WATER AND SANITARY DISTRICT (“MWSD”) is and,

at all times relevant herein, was a local agency duly organized under the Sanitary District Law of
1923 also exercising the powers of a county water district pursuant to Health and Safety Code
Section 6512.7, afid now is existing and authorized as a Water and Sanitary District, with its
4. The Real Party In Interest, SEWERAUTHORITY MID-COASTSIDE (“SAM”),

is and, at all times relevant herein, was a joint powers agency duly organized under the JEPA,
pursuant to the Joint Exercise of Powers Law, Government Code section 6500 et seq. SAM’s
Member Agencies are CITY, GCSD and MWSD.

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5. 'l;he JEPA provides that an annual General Budget shall be prepared by SAM and
submitted to-the governing bodies ofthe Member Agencies for approval, and specifies that final
approval by SAM shall require the prior consent of all Member Agencies. On June 12, 2017, the
SAM Board submitted to each Member Agency for approval a General Budget for Fiscal Year
201 7-201 8. GCSD and MWSD approved the General Budget as presented, but CITY only
approved a portion of the General Budget, specifically declining to approve the portion of the
General Budget characterized as the “Infrastructure Division,” which includes the repair and
replacement of a segment ofthe Intertie Pipeline System (fiom Stations 51+50 to 73+50) and the
repair and replacement of a surge tank at the Portola Pump Station, as well as related costs for
the SAM Engineering & Construction Contracts Manager.

6. The JEPA requires unariimous Member Agency approval of the General Budget,
‘
which did not occur. As a result, since the current fiscal yearbegan on July 1, 2017, pursuant to
Resolution 8-2017, SAM has been drawing down its Operating Reserves to continue the
collection, transmission, treatment, and disposal of the wastewater generated within the
NOWNONUNALQNb—a
territories of the Member Agencies. At the rate SAM has been drawing down its Operating
Reserves it will need new funding by approximately August 18, 2017.
7. SAM has no funding mechanism 6f its own to continue operations other than
drawing upon its Reserves and relying upon Member Agency payments of their respective
budgeted obligations. Without an approved General Budget, SAM has no current authority to
issue invoices to the Member Agencies to cover expenses associated with the collection,
transmission, treatment, and disposal of the wastewater generated within the Member Agencies’
territories. Failure to continue SAM’S operations not only threatens to, but will, seriously
endanger the public health, safety, and welfare.
8. The-Parties desire that SAM continue the collection, transmission, treatment, and
disposal of the wastewater generated within the Member Agencics’ territories to protect the
public health, safety, and welfare, and to enable this to continue, hereby stipulate as follows:
a. SAM shall operate pursuant to its Fiscal Year 201 7-2018 General Budget
.
as approved by the SAM Board for submittal to wch Member Agency for approval 0n
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June 12, 2017 in the form heretofore presented to the Member Agencies,
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b. SAM shall issue monthly invoices to the Member Agencies based on the
Fiscal Year 2017-201 8 Genera] Budget, each invoice comprising one-twclfih of the
Member Agency’s rcsPective annual obligation, and
c. By this stipulation CITY shall be deemed to have approved under protest
that part 0f SAM’s 2017-18 General Budget characten'zed as the “Infrastructure
Division,” and shall pay any amount for the repair and replacement of a segment of the
Intertie Pipeline System (from Stations 5 1+50 to 73+50) and the repair and replacement
'
of a surge tank at the Portola Pump Station, as well as related costs, including without
limitation those fbr the SAM Engineering & Construction Contracts Manager. The CITY
may Specify that it is paying such amounts under protest.

d. The Member Agencies, including CITY, shall pay SAM within thirty (30) I
days 0f receifit the invoices described in subparfigraph 8.b; provided, that as to any
portion thereof specified pursuant to subparagraph 8.0 to be paid under protest, the
payment of that portion shall be without prejudice t0 the position 0f any party to this
litigation. In other words, no waiver, estoppel or other legal or equitable bar as to any
\ODO‘JOxU‘I-DUJNH
party shall arise from the CITY’S payment under protest pursuant to this stipulation or
any order arising fiom it. Any claim of any party as to any portidn ofthe .2017-18
General Budget as referenced in Paragraph 5 (including but not limited to any payment
under protest) may be resolved by further agreement of the parties, whidh may result
from the parties’ participation in “any . . . mutually agreeable method of sefilefilent” under
the JEPA as amended, or by a final ruling(s) ofa court of competent jurisdiction in the
above-captioned litigation.
9. This stipulation is intended to enable SAM to continue its ongoing operations and
proceéd with expenditures in accordance with the 2017-18 General Budget as referenced in
Paragraph 5,. and no language herein is to be construed as a waiver of any claim, cause of action,
defense, objection to any procedural matter (including without limitation, obj ection to seeking an
alternative venue pursuant to section 394 of the Code of Civil Procedure), or otherwise to be
construed as a waiver of or consent to any matter nOt expressly évontained herein, including but
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not limited to any right(s) 0f any party contained in the JEPA. NotWifllstanding the foregoing,
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the parties fithher agree that SAM may, without further agtion by its Board (other than‘ such
action(s) required to award construc-tion contracts and supporting service contracts), expend the
funds shown appropriated by the “Infrastructure Division” ofthe FY 2017—2018 General Budget
as referenced in Paragraph 5 specifically related to the repair and replacement of a segment of
the Intertie Pipeline System (from Stations 5 1+50 to 73+50) and the repair and replacement of a
surge tank at the Portola Pump Station, as well as related costs, including without limitation
those for the SAM Engineering & Construction Contracts Manager (collectively, “Infiastructure
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”Division Costs”). The panics agree that expenditure of the Infiastructurc Division Costs is
necessary t0 enable compliancewith environmental and other laws governing SAM’s operations
4 I
STIPULATION AND ORDER
and they therefore agree to cooperate in good faith to see that said FY 2017—2018 General
Budget is implemented expeditiously and withéut further delay arising from the dispute which
10. This stipulation shall be effective and binding upon the parties as of the date of
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impl'ementation of this stipulation, as set forth below.
1 1. The parties further agree that the public interest provides that this stipulation may
be deemed to bc'SAM’s responsive pleading herein, which neither admits or denies the
allegations of the Complaint or any Cross-Complaint(s), and that SAM shall be among the
10 parties entitled to enforce the provisions of this stipulation in this action, and shall be a party
11 bound by the judgment rendered herein without the necessity to appear at conferences or trial,
12 provided that this stipulation is approved and ordered implemented by the Court.
13 Dated: {$19 L! g
mw BOLD, POLISNER, MADDOW, NELSON & JUDSON
14
15
Byfiwmwm
Carl P.A. Nelson, Attorneys for Real Party In Interest
16
17 ‘

18
19 By
20 CITY 0F HALF MOON BAY.
21
Dated; WITTWER PARKIN, LLP
.22
23 By:
Jonathan Wit‘twer, Attorneys for Defendant
24 GRANADA COMMUNITY SERVICES DISTRICT
25
26
27
David E. Schri cker, Attorneys for Defendant
23

and they therefore agree to cooperate in good faith to see 111m said FY 2017—201 8 General
Budget is implemented expeditiously and without further delay arising fi‘om the dispute which
gave rise to the abovc-captioned litigation.
\DmflOth-DUJNr—A
the last signature hereon. Nevertheless, the parties jointly request the Conn to order
implementafionofflfis stipulation, as set forth below.
11. The parties fufiher agree that the public interest provides that this stipulation may
be deemed to be SAM’S responsive pleading herein, Which neither admits or denies the
allegations of the Complaint or a’ny Cross-Complaint(s), and that SAM shall be among the
H parties entitled to enforce the provisions of this stipulation in this apfion, and shall be a party
H
bound by the judgment rendered herein without the fiecmsity t0 appear at conferences or trial,
.—o
BOLD, PQLISNER, MADDOW, NELSON & JUDSON

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Dated:
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By:
Caxl RA, Nelson, Attorneys for Real Party 1n Interest
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SEWER AUTHORITY MID-COASTSIDB
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Dated: flu [t 3 COLANTUONO, HIGHSMITH & WHATLEY, PC

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H By:
W‘JOSUI#WNHO‘OOQ\JQM#UJNHO
Anomeys
Miéhael G. Colanruono, for Plaintiff
M CITY OF HALF MOON BAY
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Dated: WI'ITWER PARKIN, LLP

N
M BY.
Jonathan Wittwcr, Attorneys for Defendant
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Dated? é 21/{1/9 LAW OFFICES OF DAVID B. SCHRICKER, P.C.

N
N By:
N MONTARA WATER AND SANITARY DISTRICT
5 STJPULATION AND ORDER

RECEIVED
AUG 22 2017
BOLD POLISNBR MADDOW

NELSON a JLIDSON
,_.
and they therefone agree to cooperate in 'good faith to see that said FY 2017—201é General
' .
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gave rise to the above—captioned litigation. _ _
This stipulation shall be effective and binding upon the parties as ofthe date of
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10.
.
I
\qummhmm .
implémentation bf this stipulation, as set forth below.
“
11. The parties further agree that the‘pubiic' interest provides that this stipulatioh rfiay'
be deemed to be SAM’s responsive inleading herein, which neither admits or denies the
allegations ofthe Complaint or’any Cross-Complaint(s), and that SAM shall be among the
parties entitled- to enforce the provisions 0f thisstipulation in this action, and shall bc a party
bound by the judgment rendered herein without the necessity to appear at conferences 0r trial,
provided that this stipulation is approved and ofdered implemented by the Court.
Dated: BOLD, PQLISNER, MADDOW, 'NELSON & JUDSON
By:"
Carl RA. Nelson, Attorneys for Real Party In Interest
SEWER AUTHORITY MlD-COASTSIDE
Dated: COLAN'IUONO, HIGHSMITH & WHATLEY, PC

NNNMNMMMNH-HHHHHHHH'H
mQQMAmMr—‘oxoooqmm-bmm'fio
BY. I
Michael G. Colantuono, Attorney‘s for Plaintifi

A
'
Dated:?[u[£w7 WITTWERPARKINJQLP
By:
‘
J athan Wittwer, Attorneys for Defendant

NADA COMMUNITY SERVICES DISTRICT
Datgd: LAW OFFICES OF DAVID E. SCHRICKER, P.C.
By:
'

H and they therefore agree to cooperate in good faith to see that said FY 2017—2018 General
Budget is implemented expeditiously and without further delay an'sing from the dispute which
gave rise to the abovc-captioned litigation.
the last signature hereon. Nevertheless, the parties jointiy request the Court to order
OOOO‘JQU'IAUJN
implementation ofthis stipulation, as set forth below.
11. The parties fiu‘ther agree that the public interest provides that this stipulation may
be deemed to be SAM’s responsive pleading herein, which neither admits or denies the
allegations of the Complaint or any Cross-Complaint(s), and that SAM shall be among the
parties entitled to enforce the provisions of this stipulation in this action, and shali be a party
By:
Carl PA. Nelson, Attorneys for Real Party In Interest
NNNNNNNHwHHr—r—aw—fip—au—ah.
SEWER AUTHORITY MTD-COASTS‘IDE‘
Dated; COLANTUONO, HIGHSMITH &'WHATLEY, PC

QM-DUJNP—‘OQOOQONU'I-bU-JNH
By:
Michael G. Colantuono, Attorneys for Plaintifi‘
Dated: WHTWER PARKIN, LLP

Dated: /{ / LAW OFFICES OF DAVID E. SCPIRICKEK P.C.
27
MONTARA WATER ANDSANITARY DISTRICT
‘..', I
I.

QRD_ER
This Application came before the Court on the Law & Motion Ex Parte Calendar earlier
this week.
Having reviewed the foregoing Stipulation, and being informed by Counsel for Real
kooo-QONLAALANH
Party In Interest Sewer Authority Mid-Coast that the governing bodies of each of the four local
public agencies that are party to the litigation met in closed session, approved the Stipulation,
and authorized their respective Counsel to sign the Stipulation on behalf of each agency,
The Court is ofthe opinion, and I so find, that the Parties’ joint request for an
implementing Court Order is an appropriate request for ancillary reliefto maintain the status
quo, and thereby protect the Court’sjurisdiction, pending the outcome ofthis case. (See, e.g.,
People v. Black’s Food Store (1940) 16 Cal.2d 59, 62.) It is sufficiently related to the subject
matter of the action, as set forth in both the complaint and cross—complaints herein, and the terms
and conditions ofthc Stipulation, including those that seek to streamline andfor expedite the
litigation, appear to be fair and reasonable, and in the interests ofthe public served by the Parties.
(Hg.
“ hereby Approved
NNNNNNNNMHHHHHHp—nu—AHH
Accordlfigly, and Good Cause Appearing, the foregoing Stipulation ls
OONIO‘tUI-AUJNHOKOOO‘JQUI#WNHO
W“; I'I‘Isso ORDERED
9
‘ '
GERALD J.BUCHWALD
fi
i" :‘iJ 13'
Z
JUDGE 0F THE SUPERIOR COURT

STATE OF CALIFORNTA
m arm
coumv 0F SAN MATEO ss.
l. Radian M Cnmlmn. tho Clerk 0TH: Supcn'm’ Cow! 0f lhn ubow

mfiflcd County. do hacby certify that 1h: foregning fa n Ml. true
mmmoopyofumod' onfllehmyomaaandlhmlhavo
camfully ounpmw mmo wI Lhc original.
Wimzsa uggd mu! Baal ol'naid SupcriwCourt
Thin
By W
WWL/W W SEPMMJM
v
I
{/77
DeputyCLErk
_—/
A
0\\\“\ y
k‘.‘

WITTWER PARKIN LLP
147 S River Street, Suite g1
L CE!
Telephone: (831) 429— 40553
Facsimile: (831) 429019;]?
SW WE
jonathan@wittwerparkin. fifties“:
wparkin@wittwerparkin. commr€ouCEH’O
nwhipps@wittwerparkin. com
OWOONJQLA
Attorneys for Cross Complainant

GRANADA COMMUNITY SERVICES Exemptfrom Filing Fees Pursuant to
DISTRICT Government Code Section 61 03

11
12
SCANNED
1 ’? CU 31 6 92 7
13
CITY OF HALF MOON BAY, a municipal CaseNo.:W
14 corporation, Unlimited Jurisdiction
15 Plaintiff, [PROPOSED] ORDER DENYING

TRANSFER 0F VENUE AND
16
vs. APPOINTING NEUTRAL JUDGE
l7
DISTRICT and 17— CIU— 03092
SANITATION DISTRICT, PORCV
19 Proposed Order Received
Defendants,
20'
W“lWl\.\\\\\\\l\\\\l\\m\l
N
21 SEWER AUTHORITY MID-COASTSIDE,
22
23
24
25 DISTRICT,
27
VS.
28
[Proposed] Order Denying Transfer of Venue and Appointing Neutral Judge

.
1
7

corporation,
Cross-Defendant,
LII SEWER AUTHORITY MID-COASTSIDE,

\Jm
The motion of Plaintiff CITY 0F HALF MOOM BAY for Mandatory Transfer 0f
10 Venue came on regularly for hearing before this Cofirt on September 19, 20 17, in Law and
11 Motion Department 16, the Honorable Richard H. Du Bois, presiding.
12
After full consideration of all papers filed in connection with said motion and oral
13
argument and evidence as was submitted and presented at hearing, and good cause appearing,
14
the Court finds that appointment of a disinterested judge from a neutral county in lieu of
15
16
transferring the proceeding to another county as provided in Section 394 0f the Code of Civil
17 Procedure is appropriate because the claims upon which the action is based are ones in which a
18 not ofright.
jury is
19
IT IS THEREFORE ORDERED that Plaintiff’s motion for an order transférring the
20
proceeding to a neutral county is DENIED;
21
IT IS FURTHER ORDERED that Defendants request is granted t0 have this Court
22
23 request the chairperson ofthe Judicial Council t0 assign a disinterested judge from a neutral
24 county t0 hear the action and all proceedings in connection therewith in San Mateo County
25
Superior Court.
26
27
28
[Proposed] Order Denying Transfer of Venue and Appointing Neutral Judge

2
Dated: ,2017
OKOOO‘QQUI-hb)
NNNNMNNNNHn—n—Ir—H—IHHHH
WQQMAUJNHOKOW‘JONL’IAMNH
[Proposed] Order Denying Traaner 0f Venue andAppoiming Neutral Judge

3
H DAVID E. SCHRICKER, #365'34
Sunnyvale, CA 94086
r
“f: 7“
'E‘ ELLE
W:
Telephone: (408) 517-9923
FEE,
Facsimile: (408) 900-8225 2917 OCT ‘3 A ID: 1:5 RANMMEOCOUNTY
dscl1ricker@schrickerlaw.com
c1 ERK 0F THE COURT SEP _ 72017
\DOOQGU‘I-PUJN
summoacou om
Telephone: (650) 348-5195
Facsimile: (650) 239-1207
Exempt From Filing Fees Pursuant
fitzgeraldlaw@sbcglobal.net
T0 Government Code Section 6103
. I ? C V 31 8 9
Attorneys For Defendant and Cross Complamant 2 7

corporation,
a municipal Case No.
.
W92
a\\
NNNNNNNNNHr—nr—Ar—tr—‘r—Ap—ap—‘r—tr—A
Plaintiff, PROOF OF SERVICE

v.
BY FAX
OO‘JQLh-bWNHOKOOO‘QCNLh-bwwb'o
DISTRICT and MONTARA WATER AND

SANITARY DISTRICT;
'
DefendantS,
and
SCANNED
NJ mg?
SEWER AUTHORITY MID-COASTSIDE, Fig“;
‘
Proof of S‘eumze V ’Ml‘. -'

y
i me
,
“"II’:
WM i!”
ii
f'i'fi
17!?!
17 CIV 03092
1
PROOF OF SERVICE
V.
CITY 0F HALF MOON BAY,

Cross—Defendant,
and

\DOON-JONUI$WM)—A
NNMNNNNNNHHn—AHHHHp—‘r—AH
OO\JO\UIAUJN#-IO\OOO\]O\M-5LANHO
17 CIV 03092
2
PROOF OF SERVICE
PROOF F SERVICE
I declare that l am employed in the County of San Mateo, Califomia. I am over the age of
eighteen years and not a party to this action. My business address is 345 Lorton Avenue, Suite
30 I , Burlingame, California, 94010. On September 6, l7, I served the within:
MONTARA WATER AND SANITARY DISTRICT’S ANSWER T0 COMPLAINT FOR

DECLARATORY RELIEF;
MONTARA WATER AND SANITARY DISTRICT’S CROSS'COMPLAINT FOR
DECLARATORY RELIEF; and
MONTARA WATER AND SANITARY DISTRICT’S AMENDMENT TO CROSS
COMPLAINT FOR DECLARATORY RELIEF
Ref CITY 0F HALF MOON BAY v. GRANADA COMMUNITY SERVICES AND
San Mateo County Superior Court Case N0. 1 7CIV03092
[ I (BY PERSONAL SERVICE) I caused a copy of said pleading(s) to be hand delivered

t0 the opposing counsel:

transmission to the interested parties at:
[
']
(BY FEDERAL EXPRESS MAIL) caused I a copy of said pleading(s) to be sent
via Federal Express Mail to the panics listed below:
|le (BY REGULAR MAIL) I caused a copy of said pleadings to be placed in a United States
addresses:
Carl P.A. Nelson Jonathan Wittwer

Bold, Polisner, Maddow, Nelson & Judson William P. Parkin ‘
2125 Oak Grove Road, Suite 2 0 Walnut I Nicholas Whipps

Creek,'CA 94598 Wittwer Parkin LLP
Dated: SeptemberG. I7
Comm 1x, (1 ”’flj-Qjac/ULQQ
COLLEENC. FITZGERAI’. d
K
J5
m0

WITTWER PARKIN LLP
147 S River Street, Suite 2%
Santa Cruz, CA
95060 SC
CEfl
()1me Telephone: (33 1) 429—4055
35/,
W 53
Facsimile: (831) 429- 4357 0
6
20/7
jonathan@wittwerparkin. 00mm WES
wparkin@wittwerparkin. com M47500 SZ’OHCOUHT
\JON
UAW
nwhipps@wittwerparkin. com

GRANADA COMMUNITY SERVICES Exemptfiom Filing Fees Pursuant to
10
11
1N AND FOR THE COUNTY 0F SAN MATEO
12
1 7 C V 31 6 9 2 7
13
CITY OF HALF MOON BAY, a municipal Case NO.:44GN93992—
15 Plaintiff, [PROPOSED] ORDER TRANSFERRING

VENUE
16
SCANNED
vs. -
17—
a
CW — 03092
¥
17 POREU
GRANADA COMMUNITY SERVICES Progosed Order Received
18
19
mm
““2
H mm: mm um ummmm
Defendants,
20

22
23
24
25 DISTRICT,
27
VS.
28
Proposed Order Transferring Venue

l
corporation,
Cross-Defendant,
ONOOOxJQUI-D-UJNW
The motion of Plaintiff CITY OF HALF MOON BAY for Mandatory Transfer of Venue
came on regularly for hearing before this Coufi on September 19, 2017, in Law and Motion
Department 16, the Honorable Richard H. Du Bois, presiding.
After full consideration 0f all papers filed in connection with said motion and oral
argument and evidence as was submitted and presented at hearing, and good cause appearing,
IT IS HEREBY ORDERED that the above-entitled action presently pending in the
above—entitled Court shall be transferred for all purposes t0 the Superior Court in and for the
County of Santa Clara pursuant to Section 394 of the Code of Civil Procedure in that this is a
proceeding between a city and local public agencies;

NNNNNNNMNH—awn—r—u—‘p—IHHH
IT IS FURTHER ORDERED that transfer 0f said action will be without transfer fees
exempt from such fees under Government Code

OONCNUI-PWNHOWmNJQUlfib-iwfl
since the parties arc governmental entities
Section 6103;
IT IS FURTHER ORDERED that Defendants are entitled to reimbursement of costs
under Section 394, subdivision (a), 0fthe Code 0fCivil Procedure and said costs shall be
assessed against the Plaintiff.
Proposed Order. Transferring Venue

2
Dated: ,2017
\OOO-QQU'I-h-UJNH
NNNNNNNNN—n—tu—np—H—on—a—an—Ir—nr—n
ooflONLh-PUJN—‘OKDOOQGU‘IAWNHO
Proposed Order Transferring Venue

3
O&k
E‘E‘L‘ED FILED
SAN
Jonathan Witrwer,SBN 058665 ‘
Ns‘gio CZEUNTY
William SBN 13971 8
P. Parkin,
»
6
Nicholas Whipps, SBN 306865 2W 0m _
3 A 10 us 17
WITTWER PARKIN LLP Clark Su or t

CLERK 0F THE? COURT
147 S. River Street, Suite 221 UT 0F
SUPERlOR_ COU By~~
Santa Cruz, CA
95060 DU}NWOF SM
Telephone: (83 1) 429-4055 17— cw— 03092
Facsimile: (831)429-4057 ”J"
\OOOQQU‘I-DUJNH
Request ior Judicial Notice

jonathan@wittwerparkin.com 695944
wparkin@wittwerparkin.com
nwhipps@wittwerparkin.com lfllllfllfimi EWIHEHIIW
Attorneys for Cross Complainant ‘
GRANADA COMMUNITY SERVICES Excmptfrom Filing Fees Pursuant to

DISTRICT Government Code Section 6103

17Cv316927
CITY OF HALF MOON BAY, a municipal Case NO.:HGI-VWE—
SCANNED
Plaintiff, REQUEST FOR JUDICIAL NOTICE IN

,.
SUPPORT OF OPPOSITION TO
VS. MOTION FOR TRANSFER OF VENUE
NNNNMNNNNHHHr—IHHH—tb—np—u
MONTARA WATER AND
DISTRICT and
EV FAX
OO‘JQUl-PNNHOWOONONUI#WNHO
Defendants,

DISTRICT,
Cross-Complainant,
VS.
Requestfor Judicial Notice in Support OfOpposition lo Motionfor Transfer of Venue

1
corporation,
Cross-Defendant,
J:
Real Pany in Interest.
kooouON
Defendant GRANADA COMMUNITY SERVICES DISTRICT respéctfully requests

that, pursuant to Evidence Code Section 452, subdivisions (c) and (h), and Section 453, this
Court take judicial notice OfIhe following document:
2016 COurt Statistics Repon, Judicial Council ofCalifomja (201 6) (Attached hereto as
Exhibit A).
DATED: September 6, 2017
WITTWER PARKIN LLP
By: @IWW
nathan Wittwer
Attorneys for Defendant and Closs—
Complainant
DISTRICT
Requesrfm'Judr'cial Notice z'n Support ofOpposition Io [\forionfor Transfer 0f Venue

2
M [X
Paper from
responsible sources
E§Cy F30” 0014366

EXHIBIT A
EXHIBIT A
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m
A
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" 343;.
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.-—
-
.
2016 COURT STATISTICS REPORT
Statewide Caseload Trends

2005—2006 Through 2014—2015
JUDICIAL COUNCIL
OF CALIFORNIA
2016 COURT STATISTICS REPORT
Statewide Caseload Trends

2005-2006 Through 2014—2015
. ., , JUDICIAL COUNCIL
-~
v 0F CALIFORNIA
» . x
APPENDIX G —- County Tables

Caseloads and Judicial Positions, by County Superior Courts
Fiscal Year 2014—15 Table 1
Authorized Filings Dispositions

Judicial .
Judicial
positions position Perjudicfal
as of equivalents Perjudicial position
‘
County 06/30I15 2014—15 Total position Rank Total equivalent Rank

(A) (B) (C) (D) (E) (F) (G) (H)
STATEWIDE 2,013.1 2,013.3 6,832,710 3,394 6,342,662 3,150
Alameda 85.0 83.9 282,974 3,329 30 276,443 3,295 15

Alpine 2.3 2.3 (i) 1,674 (i) 728 (i) 1,483 (i) 643
Amador 2.3 2.5 8,248 3,586 21 6,039 2,183 42
Butte w ‘
13.0 14.9 34,551 2,658‘ _45__ a 32,810 _
_2.3‘_11_ _ u “37:
' ‘
‘Calgvegas “A _ _ _ _ 2.; ____3.9' 6,506 2,829 42 5,234 _ 1.732 433'
Corusa 2.3 2.4 9,697 4,216 10 6,779 2,867 27

Contra Costa 46.0 48.3 151,654 3,297 31 (i) 138,748 (i) 2.870
Del Norte 2.8 3V3 3,799 3.143 38 12,073 3.623 9
EIDorado
‘Eresgp
Glenn
_,'_
m _ M m_4g'0_
9.0M
2.3
M
_ _1o.9v
5g}?
2.4
’
22,463
13,6675:
10,113
_‘
2,496
3,156,.
4,397
__48_
37
8
__ ____
’
23,897
133,206
10.227
_ 2_,1g:gw___fl
2.545
4.210
32§
5
Humboldt 8.0 8.7 26,747 3,343 29 25,671 2,942 24
Imperial 11.3 11.7 68,803 6.089 1 69,694 5,972 1
Inyo 2.3 2.8A 19,211 4,540; _7 _____ 9,898 _ :g,_503_ H 13

I ~ _
’_4_4_."1_ 1987,2487 5 174,372 3,950“
Kern _ ___ __ _ 49.0; _V _4,610 7}!
Kings 8.6 9.4 35.225 4.096 12 (i) 9,167 (i) 972

Lake 4.7 5'8 11,118 2,356 50 11.104 1.925 46
Lassen 243 2.9 3,009 3,482 22 6.949 2.392 36
Los Aqgggs _
585.3 5723' 1.891.060 3,231 33 _
2,920,688 3,:527 12
‘Madera _’
_ '
1‘
___é.g' _
2.6io_ ___":33;
‘
”9.5,
24,512 2,536 .
46 _ >
24.650
Mann 12.7 11.8 42,853 3,374 28 41.753 3.549 11
Mariposa 2.3 2.4 3,560 1,548 54 2,986 1.221 49

Mendocino 8.4 3.7 19.503 2,322 51 18.089 2.034 44
4,133 (032.346
Merged“ w 12.9 __1_2,8_ ”49,5907 _11 ‘ _ _(i)2,528_ I
'Modoc . _ r _ .
2‘3 2.3 2.239 9]; 5§ _ x W
2,133 I
_9_1_5 _v H51».
Mono 2.3 2.5 8,352 3,631 18 7,541 3,074 17

Monterey 21.2 21.9 68.203 3,217 35 64,741 2,961 22
Napa 8.0 8.5 21,672 2,709 44 22,832 2,677 31
Nevada V
7.6 8.1 34:ng 3,200 36 18,188 2,239 4o
Orange .
144.0 147.4 486.341 3.377 27 5091689 (6522
Placer 44.5 16.3 45,299 3,124 39 (i) 16,438 (i) 1,011
Plumas 2.3 2.4 3.642 1,583 53 3.169 1,316 48

Riverside 76.0 36.4 399.948 5,262 2 406,160 4,702 3
Sacramento 72.5 78.7 _

277,688 ‘
3,830 H
15 a
223,724 2,844 29
V V‘
fSan Benito v ‘
2.3 2.6 V»__7»,928_ ___gl4flw 24‘ _ \
7,5757 2.9.572 _23'
San Bernardino 86.0 89.7 362,590 4,216 9 374.359 4.174 6

San Diego 154.0 151 .9 534,398. 3.470 23 596,297 3,924 a
San Francisco 55.9 5970 225,633 4.036 13 177.339 3.004 21
San Joaquin _33_.5 _ _35._6V _._1_1g,5_a"6 "3,ng “26, _

108,946 _ 9,963 _ "1a
‘Sagyuis Obis'po 15.0" i5.9 51,332 3,42; 25 _ 47,926 3.018 19]
_ _ _ _ _
San Mateo 33.0 33.3 154.739 4,639 3 157.004 4.720 2

Santa Barbara 24.0 26.1 95,844 3,994 14 87,975 3.366 14
Santa Clara 89.0 92.0 216,390 2,431 49 208,394 2‘266 39
Santa Cruz 1345_ 14.2 V
{8,844 V
“37,618“ w __20_ _ V
42,625 @1099 I
20
Shasta 12g ”4331697 19 38.290 28‘
" ______ V
13,5 3,6_22 v V _
2.a_58
Judicial Council of California 82 2016 Court Statistics Report

Caseloads and Judicial Positions, by County Superior Courts
Fiscal Year 2014—15 Table 1
Authorized Filings Dispositions

Judicial Judicial
positions position Perjudicial
as of equivalents Perjudicial position
County 06/30f15 2014—15 Total position Rank Total equivaient Rank
(A) (B) (C) (D) (E) (F) (G) (H)
STATEWIDE 2,013.1 2,01 3.8 6,832,71 0 3.394 6,342,662 3,150

'
Sierra 2.3 2.4 835 363 57 705 295 52

Siskiyou 5.0 5.3 16,241 3,248 32 15,575 2,928 26
Solano 23.0 24.7 59.808 2,600 47 53.167 2,155 43
Sonoma 23.0 24.9 74.093 3.218 34 89.544
V
3.598
'
10
Stanjgla'us "34"
24.0 _24.5 66.832 2,785 43 50.710 2,469
Sutter 5.3 5.7 19.530 3,685 16 13,283 3,229 16
Tehama 4.3 4.6 19.666 4.542 6 10.643 2,296 38
Trinity 2.3 2.5 2,878 1.251 55 2,707 1,082 50
Tulare.
' M ?_30 ' _ fl ' ‘
25.1 84qu3 _ §.6§§ H 17 73,876 2.910 r a .
25
Iuglqmiem > - 4.8 ‘_4._9_: __-_
_ _ 10,752 2.266, 52 10.145 gLQZL _ _;4_5i
Ventura 33.0 35.5 152.495 4.621 4 162.977 4,592 4
Yolo 12.4 13.0 35.845 2,891 41 31.983 2.464 35
Yuba 5.3 5A3 15.512 2.910 40 14,781 2.773 30
Column Key:
(A) commissioners and referees in addition to the number ofjudges authorized for the court. The 50
Judicial positions inctude court
newjudgeshlps authorized by Assembly Bill 159. effective January 2008, are still unfunded and are included in the statewide
total but not shown in individual courts like in previous versions of the Court Statistics Report.
(B) Reflects authorized judiciaI positions adjusted for vacancies. assistance rendered by the court to other coums. and assistance
received by the court from assigned judges, Iemporaryjudges. commissioners. and referees.
(D) C/A
(G) F/B
Notes:
(i) lncompleie data; reports were submitted for less than a full year.
00r— The court reported that no cases occurred or the coun did not submit a report in this category. Ranks not computed for courts with
missing or incomplete data.
Judicial Council of Carifornia 83 2016 Coun Statistics Report

Civil Case Processing Time, by County Superior Courts
Fiscal Year 2014-15 Table 63
General Unlimited Civil Limited Civil Unlawful Detainers Smal! Claims

Disposed of in Less Disposed of in Less Disposed of in Less Disposed of in Less
Than __ Months Than _ Months Than _ Days Than _ Days
COUNTY 12 1a 24 12 18 24 30 45 70 90
(A) (8) (C) (D) (E) (F) (G) (H) (I) (J)
STATEWIDE 64% 76% 33% 83% 91 % 94% 51 % 70% 58% 71 °/o
Alameda 71 % 84% 91% 71 % 91 % 96% 39% 52% 43% 63%

Alpine — — — — — — 0% 0% — —
Amador — — —— — — — — — -—- —
Butte
‘ u _
553/0“ A
_7v4f/oV _
88% 90% 97% 99% 62% 78% 84% 73%
Calaveras 77% 35% 90% 83% 92% 96% 39% 56% 59% 77%
Colusa 73% 85% 91% 98% 99% 99% 55% 66% 79% 79%
Contra Costa 58% 81% 91% 75% 88% 97% 47% 67% 46% 57%
De] None — — — — — — — — — -—
“El D_9_rapo 7 7
69_% “82:73 _ w _8_83A3 75% 90% g5% _
3_0% 48% F
11% 18% _
w
r _
—
V
'Fresno
_
— 7
— — — — —_ _— A
-—
Glenn 78% 91% 95% 90% 99% 99% 61% 82% 73% 84%
Humboidt 74% 82% 88% 88% 95% 98% 46% 68% 70% 78%
Imperial 64% 72% 77% 85% 91% 93% 49% 65% 68% 74%
_|ij9 79% 87_°/9
_ 93% 8_1% 90% 932% 4879 _70‘V9 _ _ _58_% _
74%-
Kern _7_6% 89% 94% - — — — — — —
Kings 52% 68% 77% 81% 90% 93% 37% 63% 46% 60%
Lake 78% 85% 90% 84% 94% 98% 38% 60% 65% 75%
Lassen 87% 92% 94% 86% 95% 96% 60% 79% 58% 70%
Los Angeles 53% '
74% 89% 1
81% 92% 97% 47%__ _
_72% a
45°{o
a 75%
TMadeya _ 14% _35°/_or >
90% _
88% 93% 97% 46% 63% 70% 19%.“
Marin 69% 82% 89% 82% 93% 96% 37% 49% 67% 79%
Mariposa 55% 65% 77% 80% 87% 90% 42% 58% 82% 95%
Mendocino —
~
— — —- — — — -— — —
Merced 64% 75%} 85_% 77% 85% 92% 61 %_ _
81 f/o
_
74% 8_1 %
:ModEc 37% 87% 90% 94% 100% v
100% 50% 67% 79% _35% I
Mono 58% 66% 75% 81% 93% 93% 64% 73% 20% 44%
Monterey 68% 80% 86% 80% 95% 98% 59% 78% 83% 88%
Napa 77% 89% 96% 83% 90% 93% 51 % 67% 64% 78%
Nevada 83% 9_4% 97% 94% 97% 98% 39% _59_%_ 69% 78%
?Orange 69% 86% 94% 79% 94% 98% 56% 26% 49% _ 74%
Placer a — — — — — -— — — —
Plumes 84% 91% 95% 94% 97% 99% 36% 62% 57% 84%
Riverside 74% 87% 93% 85% 97% 98% 55% 75% 60% 72%
Sac[a_mentow 57% 69% 82% 94% 96% 97% r
100% 100_% 56% 637g
TSan Benito 84% 95% 95% 90% 94% 96% 57% J 75%“ 77% 82%
San Bernardino 62% 79% 88% 92% 98% 99% 58% 82% 64% 78%
San Diego 79% 90% 95% 56% 81% 90% 45% 69% 21% 26%
San Francisco 48% 74% 87% 81% 92% 95% 37% 59% 67% 74%
San Joaqgin 68% 79% 8_6%‘ a
“77% _
84% 88% I _ ,_4§°_A,__« _ 63:%_ ~ __12°/_o_ > 16%
F§§n_L_qI;s‘ Opjspo_ __ _m__7§°/q ‘8_6°@ __ _ 91% _
80% _ 93% 97% 54% , 71%? 68% 74% _
San Mateo 56% 77% 87% 69% 83% 90% 49% 64% 59% 73%
Santa Barbara 75% 89% 94% 86% 93% 96% 53% 72% 76% 86%
Santa Clara 68% 81% 89% 78% 88% 94% 65% 79% 53% 64%
Santa Cruz 79% 90% 95% 82% 96% ‘
99% 48% 65% 59% _
73%
Shasja _ _ 30% _37'_% 41% ‘
93% 99% 109% A
58% V .1635 u _ _
64% ‘
74%
Judicial Council of California 108 201 6 Court Statistics Report

Civil Case Processing Time, by County Superior Courts
Fiscal Year 201 4—1 5 Table 6a
General Unlimited Civil Limited Civil Unlawful Detainers Small Claims

Disposed of in Less Disposed of in Less Disposed ofIn Less Disposed ofin Less
Than _ Months Than _ Monlhs Than _ Days man _ Days
COUNTY 12 18 24 12 18 24 30 45 70 90
(A) (B) (C) (D) (E) (F) (G) (H) (l) (J)
STATEWIDE 64% 76% 83% 83% 91% 94% 51% 70% 58% T1 %
Sierra —- — v
— — — _
— # — 50% 75%
Siskiyou 83% 92% 94% 83% 88% 93% 42% 63% 53% 64%
Solano 71% 85% 93% 72% 85% 87% 38% 52% 55% 65%
Sonqma 76% 88% 92% ‘
86% 95% 99% 65% 81% 64% 75%
§tanislaus _
61% 75% 83% 79% 93% 95% 14% 34% 35% 60%
Sulter 73% 82% 89% 79% 86% 92% 63% 81% 79% 90%
Tehama 72% 87% 91% 83% 91% 95% 55% 69% 52% 65%
Trinity 84% 88% 92% 92% 97% 97% 41% 73% 60% 77%
Tula[e_ _ _
79% 90% 95% 82% 91% 94% 70% 88% '
21% 24%
Tuolumne a1 % 9g%_ 95% 957% 95% 98% 583/9 _ _ 763/9‘ 52% 62%
Ventura 73% 88% 94% 86% 94% 96% 55% 75% 70% 78%
Yolo 69% 80% 88% 80% 96% 99% 55% 69% 17% 22%
Yuba 74% 82% 88% 85% 94% 95% 57% 72% 81 % 93%
Column Key:
(G) —(H) Inc1udes limited unlawful delainers only.
Note:
— The court did not submit a repori in [his category.
Judicial Council of California 109 2018 Court Stalistics Report

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FELEH i L E fl
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SAN MATEfi CGUNTY
William P. Parkin, SBN 13971 8
2W OCT _ 3 A .
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NicholasWhipps,SBN 306865
WITTWER PARKIN LLP
b.)
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147 S.
Santa Cruz,
River Street, Suite 221
CA
95060
Telephone: (831) 429-4055
Facsimile: (83]) 429-4057
D . .
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OPP
Opposition
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11
12
l3
CITY OF HALF MOON BAY, a municipal Case No.2 W992—
15 Plaintiff, GRANADA COMMUNITY SERVICES

TO MOTION
DISTRICT'S OPPOSITION
16
vs. FOR MANDATORY TRANSFER 0F
17 VENUE (CCP § 394)
18 and MONTARA WATER AND
DISTRICT
I9
Defendants,
20
BY FM
21 SEWER AUTHORITY MlD-COASTSIDE,
22
23
24
25 DISTRICT,
26 Cross—Complainant,
27
VS.
28
Granada Community Services District 's

Opposition t0 Motionfor Mandatory Transfir 0f Venue
1
corporation,
Cross—Defendant,
(JI-P-DJN
SEWER AUTHORITY Mm—COASTSIDE,
o'xooo-qo-x
I. Introduction
Defendant Grafiada Community Services District (“Defendant”) hereby opposes
Plaintiff City 0f Half Moon Bay’s Alotionfor Mandatory Transfer 0f Venue (CCP 394);
11
Memorandum in Support, filed August 29, 2017 (“Motion”) under California Code 0f Civil
12
Procedure section 394. Defendant Would prefer t0 retain this action in the County 0f San
13
Mateo. However, ifthis Court chooses to transfer this action, Defendant request transfer to
14
Santa Clara, Contra Costa or Alameda. Defendant strongly opposes Plaintiff” s proposal to
15
transfer this aétion to Sacramento, which is not convenient for Defendant and would create
16
additional, unnecessary burdens.

17
II. Factual and Procedural Background

18
Plaintiff filed its Complaint for Declaratory Relief (“Complaint”) against Defendants
19
and Real Party in Interest Sewer Authority Mid—Coastside (“SAM”) 0n July 11, 2017.
20
Defendant Montara Water and Sanitary District filed its Answer and Cross-Complaint on
21
Thursday, August 24, 2017, and Defendant Granada Community Services District filed its
22
Answer and Cross-Complaint on Tuesday, September 5, 201 7.
23
In their respective Cross-Complaints, Defendants seek declaratory relief regarding
24
Plaintiffs unwarranted attempt to avoid its contractual responsibilities, inter alia, t0 fund $1 .5
25
26
million in maintenance 0fthe SAM Intertie Pipeline System (“SAM IPS”). (Granada
27
Community Services District Cross—Complaint 1129). The SAM [PS is a component 0f the
28
single, consolidated SAM Sewer System, which also consists of a SAM wastewater treatment
Granada Community Services District ’5

Opposition t0 Motionfor Mandatory Transfer of Venue
2
plant and a SAM ocean outfall pipeline. Wastewater from E1 Granada, Montara, and the City of
Half Moon Bay is routed to and then transmitted by the SAM IPS to the SAM wastewater
treatment plant before finally being discharged through the SAM ocean outfall pipeline.
Plaintiff erroneously alleges that Defendants and Plaintiff, as Member Agencies to the
‘OOOflQM-IKWNt—A
SAM Joint Powers Agreement (“JPA”), agreed to bear the cost to maintain each Sewer System
component “in proportion to their respective benefit” from each-Scwer System component.
(Motion, p. 2:23). Plaintiff ignores that the JPA requires Plaintiff t0 pay its allocated share of
SAM IPS maintenance costs (including repair and replacement). (Granada Community
Services District Cross-Complaint 1120). Further, Plaintiffutilizes the SAM IFS, both by
pumping wastewater through it and by benefitting in the form of increased wet weather
overflow capacity. (Granada Community Services District Cross-Complaint 1124).
The SAM IPS maintenance proposed in the 2017-2018 SAM General Budget is
analogous to maintenance conducted in prior years and consistently approved by Plaintiff. Like
all public works projects, the SAM IPS was constructed t0 remain in service until such a time as
it is decommissioned. The SAM IPS remains in full use today: it continues t0 be maintained,
and there are no plans t0 decommission it. The JPA does not condition Plaintiff’s continued
NMMNNNNMNHHHH—d—ns—nh—nu—Iu—d
responsibility to fund SAM IPS maintenance costs (including repair and replacement) on the
“useful life” 0f the SAM IPS, as Plaintiff contends. Further, the service life ofthe SAM IPS
and all other Sewer System components is constantly being extended, as parts are continually
OO‘JQLII-PDJNHONDOOQO‘M-KWN—‘O
maintained and replaced throughout the existence of this pipeline.
Plaintiff attempts to rewrite the IPA in'its efforts to avoid its continuing contractual
reSponsibility t0 fund the SAM IPS. The City remains responsible for its share of SAM IPS
costs and expenses, as was the intent 0f all Member Agencies in signing the JPA and choosing
t0 implement Plan F, the single consolidated Sewer System.
III. Defendant Requests the Appointment 0f a Disinterested Judge from a Neutral

County
Defendant prefers t0 try this action in the County of San Mateo before ajudge from this
County. However, if this Court determines that Section 394 precludes this, Defendant requests
Granada Community Services District ’S Opposition t0 Motionfor Mandatory Transfer 0f Venue

3
as its second choice that this case be heard in this County before a disinterested judge from a
neutral county, as specifically provided in Section 394.
The primary purpose 0f Section 394 is to prevent the appearance 0f prejudice, as well as
actual prejudice or bias, in recognition 0f the pressures that local judges may face from matters
involving disputes between local public entities. (San Francisco Foundation v. Superior Court
(1984) 37 Ca]. 3d 285, 299 (citation omitted». prarties arc dissatisfied with a proposal t0
transfer the action t0 another county, “the inconveniences 0f transfer can, in a proper case, be
avoided by the expedient 0f appointing a judge from a neutral county t0 hear the case.” (County
ofSan Bernardino v. Superior Court (1 994) 30 Cal.App.4th 378, 389). Section 394 permits
Judicial Council appointment 0f an out-of-county judge “[w]hen the action or proceeding is one
in which a jury is not 0f right.” This is an alternative remedy expressly and equally provided by
Section 394 in lieu of transferring the case t0 the Superior Court of an outside county. (See
McCarthy v. Superior Court (1987) 191 Cal.App.3d 1023, 1034).
Here, appointing a judge from a neutral county is proper. Defendants and Plaintiff
unanimously seek equitable declaratory relief, in the form 0f determining the rights and
responsibilities of the Member Agencies t0 the JPA. A jury trial is not “0f right” in an equitable
declaratory relief action. (Shaw v. Superior Court (2017) 2 Cal. 5th 983, 995; Interactive
Mulrfmedia Artists, Inc. v. Superior Court (1998) 62 Cal.App.4th 1546, 1551). Appointing an
out-of-countyjudge is appropriate where, as here, a jury trial is not of right. (Cal. Code Civ.
Proc. § 394(3)).
In its Motion, Plaintiff objects t0 the assignment 0f a neutral judge on four (4) separate
grounds. (Motion, page 6, line 6 through page 7, line 5)‘ Although Plaintiff concedes that
“there ié little difference between transferring a case t0 a neutral county and having a neutral
judge assigned by the Judicial Council,” Plaintiff nevertheless contends that the circumstances
0f the instant action weigh in favor of transfer to a neutral county as opposed to the appointment
'
References t0 page and line numbers hereinafter shall be in the following format: “pagefline
number”.
Granada Community Services District ’S Opposition t0 Motionfor Mandatory Transfer 0f Venue

4
0f a neutral judge. (Motion, 6: 14). Defendant disagrees and contends that relevant factors
weigh heavily in favor 0f appointment 0f a neutral judge from another county t0 hear the case in
San Mateo County as the proper remedy, as more fully set fonh below.
UI-‘DUJM
A. The Urgent Circumstances Forming the Basis of Plaintiff’s Complaint Have Been
Mitigated
Plaintiff first contends that there is an immediate need t0 resolve the merits 0f the case
so that the alleged “uncertainty” and “likely delay” associated with the assignment of a neutral
QWNJON
judge warrants against providing such a remedy. (Motion, 6: 17-1 8). According to the City, this
matter involves the treatment and conveyance 0f sewage and “time is of the essence due t0
public hgalth, safety, and environmental issues ...”. (Motion, 6:15—17). The City’s Complaint
10
concerns a dispute between the parties over a 201 7-1 8 General Budget item 0f $1 .5 million t0
11
12
repair and replace portions 0f SAM IPS. The relief sought by the City is “that the most critical
replacements be funded promptly to ensure safe and lawful operation 0f the Authority’s
13
regional collection and treatment systems and to protect public health, safety and the
14
environment.” (Complaint, 2:1 0-12).

15
Defendant first disagrees with Plaintiff‘s speculative concerns regarding the efficiency
16
0f appointing a judge from a neutral county. Defendant believes that the Judicial Council can
17
provide such an appointment in a timely manner. Further, while the immediate funding of the
18
19
SAM IFS maintenance and repairs was a matter 0f paramount urgency at the time the
Complaint was filed, sirice the filing ofthe Complaint, the parties have entered into a
20
Stipulation whereby all member agencies have agreed to pay the invoices authorized by the
21
22
2017-18 General Budget (with Plaintiff agreeing “under protest”), including SAM making the
23
expenditures for the SAM IPS maintenance and repair in dispute. (See Exhibit B, Stipulation
and Order Regarding Expenses and Assessments ofSewer Authority Mid—Coastside).

24
25
Therefore, the critical work t0 the SAM IPS will promptly proceed, and the threat t0 public
health and safety 0r the environment is n0 longer the dominant concern.
26
Defendant is convinced the Judicial Council will act expeditiously on the Parties’
27
request for the appointment 0f an out-of-county judge. Regardless, Plaintiff s stated need for
28
Granada Community Services District ’s Opposition t0 Motionfor Mandatory Transfer 0f Venue

5
prompt resolution 0fthe merits vis-é-vis the alleged risk that finding a qualified neutraljudge
will delay the litigation has been eliminated.
B. An Out—of—County Judge is Capable of Effectively and Efficiently Presiding over

This Suit
Lh-Pb)
As a second basis in support 0f its position that appointment ofa disinterestedjudge is
not appropriate, Plaintiff assumes that an out-of-county judge will be unfamiliar with the local
\JO
rules of San Mateo County and, further, that such an appointment will result in an extra Burden
on court staff to specially manage the proceeding. (Motion, 6:22-24). Aside from the
speculative nature of these assumptions, in essence Plaintiff argues that the appointment of a
neutral out-of—county judge is impractical and infeasible in every instanceuthis attacks the very
10
foundation 0fthe remedy provided in Section 394. Presumably, the State Legislature intended
11
12
the remedy t0 be a feasible and equal alternative to transferring an action to a neutral County;
otherwise, such an alternative would be ineffective and defeat the purpose of the statute. (See
13
Imperial Merchant Services, Inc. v. Brandy G. Hunt (2009) 47 Cal. 4th 381, 386 (“[There is a]
14
presumption that the Legislature intends reasonable results consistent with the apparent purpose
15
0f the legislation. [Citation omitted]. Thus, our task is to select the construction that comports
16
most closely with the Legislature's apparent intent, with a view to promoting rather than
17
defeating the statutes’ general purpose, and t0 avoid a construction that would lead t0
18
unreasonable, impractical, or arbitrary results. (People v. Jenkins (1995) 10 Cal.4th 234,

l9
246)”). Defendant believes that an out-of-county Judge will be well equipped to hear this non-
20
21
jury matter effectively and efficiently, as has occurred under this alternative 0n many prior
occasions.
22
23
C. Sacramento is not a Convenient Forum
Third, and in opposition to Plaintiff’s contention that Sacramento County is a convenient

24
forum, Defendant contends that the cost savings and convenience weigh heavily in favor 0f
25
appointment of a neutral out-of—countyjudge t0 hear the case in San Mateo County and will
26
27
highly benefit the parties, and the ratepayers/taxpayers who support them. There can be no
question that assigning such a neutral judge involves the least expense and least inconvenience.
28
Granada Community Services District's Opposition to Motionfor Mandatory Transfer of Venue

6
A11 four agencies involved in the litigation, along with most of their staff, are located in the
County 0f San Mateo, and at least one 0f the Defendants’ counsel maintains an office here.
Moreover, and contrary to Plaintiff‘s assertion, it is very likely that testimonial evidence will be
.3)
required regarding the pr0per interpretation of the JPA, as well as related evidentiary matters.
Finally, while a Sacramento court presumably has the resources to resolve this suit, so,
too, would an appointed out—of—countyjudgc. Thus, this consideration does not weigh in favor
OOOO‘JON'JI
0f transferring this action out 0f the County.
In light 0f all the factors described above, the pro tem assignment 0f a neutral courity
judge both accomplishes the purpose of section 394 and provides for a more convenient
alternative than that which Plainfiff proposes. Defendant respectfully requests that a neutral
judge be appointed by the chairperson 0f the Judicial Council.
12 IV. Alternatively, This Action Should be Transferred to the Nearest or

'
Most
Accessible Court
13
If the Court declines t0 obtain appointment 0f a neutral judge, Defendant requests that the
14
case be transferred t0 a county located in the Bay Area, rather than to Sacramento County as
15
requested by Plaintiff. (Motion, 6225-723).

16
As the court instructs in County ofSan Bernardino v. Superior Court, (I994) 30

17 '
Cal.App.4th 378, 389

18
[Section 394] prevents a plaintiflfrom unilaterally choosing venue by selecting

19
the neutral county most satisfactory t0 it; as the court observed in Fitzpatrick v.
20 County ofSonoma [(1929)] 97 Cal. App. 588, section 394 does not entitle the
plaintiffto select any county it likes. By requiring venue t0 be laid in one ofthe
21 counties Specified under the other venue statutes, we permit the trial court to
exercise its discretion not only in choosing a neutral county in light 0f all factors,
22
including the convenience 0f both sides, but also with respect t0 the option 0f
23 requesting the appointment of a neutral judge. (emphasis in original).
24 Therefore, in exercising its discretion t0 choose a transferee county, this Court may
25 consider other venue statutes for guidance. Indeed, CCP section 398(3) governs the designation
26 0f a transferee county where the parties do not agree and mandates that it be transferred t0 the
27
28
Granada Communily Services District ’s

Opposition t0 Motionfor Mandatory Transfer 0f Venue
7
“nearest 0r most accessible court.” In the case at bar, Defendant asserts that Santa Clara
County, located next to San Mateo County, is both the nearest and most accessible court.
Judicial Council of California statistics support Defendant’s contention that County of
Santa Clara would be a suitable venue. Santa Clara judges have relatively smaller caseloads
than do judges in Sacramento or other nearby counties, and, on average, cases are disposed of
OkOOONONlJi-bUJN—I
more quickly in Santa Clara than are cases that are tried in Sacramento. (2016 Court Statistics
Report, Request for Judicial Notice (“RJN”), Exhibit A). By contrast, Sacramento judges are
burdened with some of the highest caseloads in the state. (RJN Exhibit A).
Moreover, Santa Clara County is convenient not t0 just one party, but t0 all parties in
u—t
this action, as the Court acknowledges in County ofSan Bernardino v. Superior Court, supra,
r—t
H 30 Cal.App.4th 378, 389:
v—t
N [Section 394] encourages transfer t0 a neutral ground, but it is obvious that such
transfers—although often necessary, 0r at least desirable, to secure an impartial
DJ
H
trier 0f fact—can also involve extra expense and inconvenience to the parties.
p—I
~P~
Thus, the cases construing section 394 as a removal statute permit the action t0
be brought in a county which is convenient to one of the parties (the
at least
—- LII
defendant) and in which, in most cases, evidence and documentation are to be
found.
C\
>—
p—h
‘-J
Alterhatively, Contra Costa and Alameda counties are the next nearest and most
accessible. As with Santa Clara, both of these counties have relatively smaller caseloads when
v—I
W
r—n
compared to Sacramento Courts, and they report faster case dispositions. (RIN Exhibit A).
NO
V. Defendant Requests Reimbursement of Costs

NO
Defendant will be inconvenienced and financially burdened if this Court chooses to
N '—‘
move this action to the County 0f Sacramento, a venue to which Defendant does not consent.
NN
Section 394(a) provides:
N DJ
the additional costs 0fthe nonconsenting party occasioned by the transfer of the
N -P
cause, including living and traveling expenses of the nonconsenting party and
N LI'I
material witnesses . . . shall be assessed by the court hearing the cause against the
party requesting the transfer.
N O\
If this action is transferred out of the County of San Mateo, Defendant now reserves its
N ‘J
right to request reimbursement for any and all additional expenses they face as a result of a
N 00
Granada Community Services District ’5 Opposition t0 Motionfor Mandatory Transfer 0f Venue

8
transfer t0 the County 0f Sacramento.
Lb-JM
\JQUI
DATED: September 6, 2017
By:
WI
wmathan Wittwer
W
WER PARKIN LLP
Attomeys for Defendant and Cross-

Complainant
DISTRICT
Granada Commszly Services Disn'r'c! 's

Opposition (0 Afifotionjbr Mandalay Wansjfer of Venue
9
Q
L3
“
5:85
Pa per from
responsiblu somms
FSC‘ CO1 4366

EXHIBH‘ B
EXHIBIT B
CARL PA. NELSON (cnclsonflbpmni.com) SBN 115118
TIMOTHY J. RYAN (gynnflbgmnixom) SBN 83775
ix)
CRAIG L. JUDSON (ciudsonfzfibgmni.com) SBN 114926
SHARON M. NAGLE (snaglcfibbgnmixom) SBN 179124
Bold, Polisncr, Maddow, Nelson & Judson
LJ’I-PLN 2125 Oak Grove Road, Suite 210
(925) 933-7777 — Telephone
(925) 933~7804 — Facsimile
Attorneys for Real Party In Interest Sewer Authority Mid-Coastside
OOOOflQ

'
ll CITY OF HALF MOON BAY, a municipal c01’p0rati0n,) Case N0. l7 CIV 03092
. . )
Plamuff,
) STIPULATION AND ORDER
) REGARDING EXPENSES
13 VS-
) AND ASSESSMENTS OF
)
SEWER AUTHORITY MID—
14 GRANADA COMMUNITY SERVICES DISTRICT ) COASTSIDE
and MONTARA WATER AND SANITARY
)
15 DISTRICT: Assigned for all purposes t0
)
)
The Hon.
:6 Defendants. Dept.
)
17 and [Exempt from filing fees]

3
Gov. Code. 6103)
)
18 SEWER AUTHORITY MID-COAS’I‘SIDE )
19
Real ‘Party In Interest
g
20 )
21
IT IS HEREBY STLPULATED by and among PlaintiffCITY OF HALF MOON BAY,
22 Defendants GRANADA COMMUNITY SERVICES DISTRICT and MONTARA WATER

23 AND SANITARY DISTRICT, and Real Party In Interest SEWER AUTHORITY MID-
24 COASTSIDE, through their respective attorneys, as follows:
25 I. The abovc—captioned litigation i5 brought by Plaintiff CITY OF HALF MOON

26 BAY (“CITY”) against the defendants hereto and real party in interest herein to obtain a judicial
27 declaration of the parties’ respective rights and ofiligations under Lhc February 3, I976
23 Agreement Creating The Sewer Authority Mid-Coastside, as revised by Amendments 1 through
8, hereinafier called “the JEPA,” principally with respect to whether certain activities (126., work
l
’
STIPULATiON AND ORDER
related to the “intertie pipeline and attendant pumping facilities") are properly included within
“[t]he total expenses ofopel‘ation and maintenance ofall ofthe components ofthe Present
Project” t0 “be shared in a manner based on flows into the single consolidated treatment plant
facility" 01' separate “Projects" regarding which each Member Agency may choose whether 01‘
not “t0 be a participant.” (Terms in quotes are from the JEPA as amended.)
OOOOMOU‘IAUJMfl
2‘ Defendant GRANADA COMMUNITY SERVICES DISTRICT (“GCSD”) is and‘
at all times relevant herein, was a local agency duly organized under the Sanitary District Law ol'
1923, and now is existing and authorized under the Community Services Dism'ct Law. with its
principal place ofbusiness in El Granada, San Mateo County, Califomia.
3. Defendant MONTARA WATER ANDSANITARY DISTRICT (“MWSD”) is and,
at all times relevant herein, was a local agency duly organized under the Sanitary District Law 0f
1923 also exercising the powers of a county water distn'ct pursuant t0 Health and Safety Code
Section 65 l 2.7, and now is existing and authorized as a Water and Sanitary District, with its
principal place ofbusiness in Montara, San Mateo County, Califomia.

O—lF—lh—ihdb—lh-lh—Irdb—‘H
\OWNJOLn-QUJNH
4. The Real Pany In Interest, SEWER AUTHORITY MID-COASTSIDE (“SAM"),
is and, at all times relevant herein, was ajoint powers agency duly organized under the JEPA,
pursuant to the Joint Exercise ofPowers Law, Govcmment Code section 6500 er seq. SAM‘S
Member Agencies are CITY, GCSD and MWSD.

5. The JEPA provides that an annual General Budget shall be prepared by SAM and
20, submitted to the governing bodies ofthe Member Agencies for approval, and specifies that final
approval by SAM shall require the prior consent 0f all Member Agencies. On June 12, 2017, the
SAM Board submitted to each Member Agency for approval a General Budget for Fiscal Year
2017-2018. GCSD and MWSD approved the General Budget as presented, but CITY only
approved a portion ofthe General Budget, specifically declining t0 approve the ponion ofthc
General Budget characterized as the “Infrastructure Division," which includes the repair and
replacement ofa segment 0f the Intertie Pipeline System (from Stations 51+50 to 73-1-50) and the
repair and replacement of a surge tank at the Pomola Pump Station, as well as related costs for
the SAM Engineering & Construction Contracts Manager.
[Q STIPULATION AND ORDER

Regarding SAM Expenses and .I‘\.<scssmcnt>.
6. The JEPA requires unanimous Member Agency approval ofthe Genlcral Budget,
which did noI occur. As a result, since the cumznt fiscal ycar began on July l, 20l7, pursuant to
L»)
Resolution 8-20I7, SAM has bccn drawing down its Operating Reserves lo continue the
collection, transmission, treatment, and disposal ofthe wastewater generated within the
LII
territories Ofthe Member Agencies, At the rate SAM has been drawing down its Operating
Reserves it will nced new funding by approximately August 18, 2017.
NJ
7. SAM has no funding mechanism ofits own I0 continue operations other than
drawing upon its Reserves and relying upon Member Agency payments OfIheir respccrivc
budgeted obligations. Without an approved Genera] Budget. SAM has no current authomy to
issue invoices to the Member Agencies t0 cover expenses associated with the collection,
transmission, treatment, and disposal 0fthe wastewatcr generated within thc Member Agencies’
tcn'itm'ics. Failure to continue SAM‘S operations not only threatens t0, but will. seriously
endanger the public health, safety, 21nd welfare.
8. The Panies desire that SAM continue the collection, transmission, treanncnt, and
disposal 0fthe wastewater generated within the Member Agencies’ Ierriton'es to protect the
16 public health, safety, and welfare, and to enable this to continue, hereby stipulate as follows:
a. SAM shall Operate pursuant t0 its Fiscal Year 20I7-20 l 8 General Budget
as approved by the SAM Board for submittul t0 each Member Agency for approval on
June 12, 2017 in the fonn heretofore presented to the Member Agencies,
b. SAM shall issue monthly invoices t0 the Member Agencies based on the
Fiscal Year 2017-2018 Genera] Budget, each invoice comprising onc-twelfih ofthe
Member Agency‘s rBSpective annual obligatiOn, and
c. By this stipulation CITY shall be deemed t0 have approved under protest
that pan OfSAM’s 2017- l 8 General Budget characterized as the “lnfrastmcture
Division," and shall pay any amount for the repair and replacement of a segment 0f the
Intenie Pipeline System (from Stations 5 1+50 to 73+50) and the repair and replacement
ofa surge tank at the Portola Pump Station, as well as related costs, including without
limitation those for the SAM Engineering 8: Construction Contracts Manager. The CITY
may specify that it i5 paying such amounts under protest.

Regarding SAM Expenses and :‘xxsussmcmn
d. The Member Agencies, including CITY, shall pay SAM within thirty (30)
Ix)
days ofreceipt the invoices described in Subpamgraph 8b; provided, that as to any
poflion thereofspecified pursuant to subparagmph 8.c t0 bc paid under protest, the
payment ofthat portion shall bc without prejudice t0 the position ofany party to this
litigation. In other words, no waiver, estoppei 0r other legal 0r equitable bar as t0 any
party shall arise fi'om the CITY’S payment under protest pursuant t0 this stipulation or
OKDC/JMOUIJBUJ
any order arising from it. Any claim 0f any party as t0 any portion of the 201 7- 8 l
General Budget as referenced in Paragraph 5 (including but 1101 limited [0 any payment
under protest) may be resolved by funher agreement Ofthc panics, which may result
.-
from thc panics‘ participation in “any mutually agreeable method ofsettlement" umlcr
.—
-—-
thc JEPA as amended, 01'

by a final mling(s) ofa court of competentjurisdiction in thc
.—-
li nbove-captioned litigation,
._. U)
9. This stipulation is intended t0 enable SAM to continue its ongoing Operations and
._
J‘—
proceed with expenditures ill accordance with the 2017-1 8 General Budget as referenced in
U1
_.
Paragraph S, and no language herein is to be construed as a waiver of'any claim, cause ofactiom
O defense, objection t0 any procedural hatter (including without limitation, objection to seeking an
_.
—‘ \J
altemative venue pursuant t0 section 394 0fthe Code 0fCivi] Procedure). or otherwise to be
-—-
W construed as a waiver 0f 0r consent t0 any matter not expressly contained herein, including but
—-
0 not limited to any 1‘ight(s) ofany party contained in the JEPA. Notwithstanding the foregoing,
[\J
O the parties further agree that SAM may, without funher action by its Board (other than such
2] actiou(s) required t0 award censtmction contracts and supporting service contracts): expend [he
fimds shown apgropn'ated by the “Infrastructure Division" Ofthe FY 2017-20] 8 General Budget
as referenced in Paragraph 5 specifically related to the repair and replacement ofa segment 01'
the Intenic Pipeline System (from Stations 5 l +50 t0 73+SO) and the repair and replacement ofa
surge tank at the Portola Pump Station, a3 well as relatéd cosm, including without limitation
those for the SAM Engineering & Construction Contracts Manager (collectiVely, “Infrastructure
Division Costs"). The panics agree that expenditure OfIhe Int‘rastmct‘ure Division Costs is
necessary t0 enable: compliance with environmental and other laws governing SAM’S operations
cf STIPULATION AND ORDER

chnrding SAM Expenses and Asscssmcnh
and they therefore agree t0 c00perate in good faith t0 see that said FY 201 7—2018 General
10. This stipulation shall be effective and binding upon the parties as 0f the date of
NOOONJONU‘I-DWNH
implementation 0f this stipulation, as set forth below.
11. The panics further agree that the public interest provides that this stipulation may
be deemed to be SAM’s reSponsive pleading herein, which neither admits or denies the
allegations 0f the Complaint 0r any Cross-Complaint(s), and that SAM shall be among the
H O parties entitled t0 enforce the provisions of this stipulation in this action, and shall be a party
>—«
H
h—a
N provided that this stipulation is approved and ordered implemented by the Court.
& JUDSON
p—a
W Dated: Avg, 2!, ZO| 7 BOLD, POLISNER, MADDOW, NELSON

u—a
H
A
L11
ON
By:
Carl
WM Mm
RA. Nelson, Atlomeys for Rca! Party In Interest
SEWER AUTHORITY MID-COA’STSIDE
a—t “-4
Dated: COLAN‘TUONO, HIGHSMITH & WHATLEY, PC

H m
I—-
c By:
NO CITY OF HALF MOON BAY
N_
N [\J
N U.)
By:
Mh GRANADA COMMUNITY SERVICES DISTRICT
N LII

N0
[‘3 ‘4

N 0° MONTARA WATER AND SANITARY DISTRICT

and they therefore agree to cooperate in good faith to see that said FY 2017—201 8 General
Budget is implemented expeditiously and without further delay arising fi'om the dispute which
10. This stipulation shall be effective and binding upon the parties as of the date of
\DOO-JQU‘I-bwm.‘
implementation ofthis stipulation, as set forth below.
11. The parties fin-ther agree that the public interest provides that this stipulation may
be deemed to be SAM’s reSponsivc pleading herein, which neither admits or denies the
allegations of the Complaint or any Cross—Complaint(s), and that SAM shall be among the
parties entitled to enforce the provisions of this stipulation in this action, and shall be a pany
By:
Carl RA. Nelson, Attorneys for Real Party In Interest
NNNNMMNMNp—AHHHHh—tr—Au—IHH
Dated: COLANTUONO, HIGHSMITH & WHATLBY, PC
By:
Michael G. Colantuono, Attorneys for Plaintifi
Och-JGUI-DWNHOCWQONUI#WNHO
Dated: WTITWER PARKIN, LLP
By:
Dated: é Z/fiz/g LAW OFFICES OF DAVID E. SCHRICKER, P.C.
By: flfiMM/W
David E. Schn‘cker, Attorneys for Defendant
5 STIPULA’I‘ION AND ORDER

and they therefore agree to cooperate in good faith t0 see that said FY 2017~20 l 8 General
gave rise t0 the above-captioned litigation.
10. This stipulation shall be effective 21nd binding upon the patties as 0fthe date 0f
the last signature hereon. chcnhelcss, the panics jointly request the Court to order
implementation 0f this stipulation, as set forth below.
l l. The parties further agree that the public interest provides that this stipulation may
be deemed t0 be SAM'S responsive pleading herein, which neither admits 0r denies the
allegations 0fthc Complaint or any Cross—Complainfls)‘ and that SAM shall be among the
parties entitled 10 enforce the provisions ofthis stipulation in this action, and shall be a party
bound by the judgment rendered herein without the necessity t0 appear at conferences 0r trial,
Dated: BOLD, POLISNER, MADDOW, NELSON 6c JUDSON
By:
Carl ?.A. Nelson, Attorneys for Real Party In Interest
SEWER AUTHORITY MID—COASTSIDE
Dated: COLANTUONO, HIGHSMITH 8c WHATLEY, PC
By:
Dated: ?Zugfiw7 WITTWER PARKIN, LLP
By:
J athan Wittwer, Attomeys for Defendant
ANADA COMMUNITY SERVICES DISTRICT


Regarding SAM Expenses and .-\sscs$ment.~
ha
and they therefore agree to cooperate in 'goodfdith t0 sec that said FY 201 7—2018 General
I
Budget is implemented expeditiously and withom fimher delay mismg from tbs dispute which
gave rise to the above-captioncd lifigafion.
10. This stipulation shall be effective and binding upon the parties as ofthc date of
the last signatum hereon. Neverthelesg the partiesjointly mquest the Court to order
\oooqoxtnuhwto
11. The parfiés finiher ages that the public interest provides that this stiplflation may
bc deemed to he SAM’S' responsive pleading herein, which neither admits or denies me
allegationsofthe Complaint or any Cross~Complaint(s), and 1113; SAM shall be among the
panic; entitled to enforce flw‘provisions of this sfipugation in this action, and shall be a palty
bound by the judgment rendercd herein without the necessity to appear at conferences or rial,
provided that this stipulation is approved and ordered implemented by the Com.
By:
Carl PA. Nelson, Attorneys for Real Party 111 Interest
r—i"
mqamgwsggswsaazafisg
Dated:
Dated:
a 1r [l 3
By: k
COLANTUONO, I-IIGHSIVIITH & WHATLEY, PC
CITY OF HALF MO ON BAY
WITI‘WER PARKIN, LLP

:
Whacl G. Colantuono, Attorneys for Plaintiff

NNHNNN
Daxcd: /€//
13}: WW
LAW OFFICES 0F DAVID E. SCHRICKER, P.C.
David E. Schrickcr, Attorneys for Defendant


Regard’mg SAM Expensw and Assessmcms
fl FILED
Jonathan Wittwer, SBN 058665 f ELED SAN MATEO counmr
SEP
'William P. Parkin, SBN 139718 2017
06
WITTWER PARKIN LLP
Santa Cruz, CA
95060
Telephone: (831) 429-4055
‘ .
Facsimile: (831) 429-4057 17_c|u-uah92

OONJO‘tLh-RUJN
02?
jonathan@wittwerparkin.com $331: ct gems by MML oi
c618)
wparkin@wittwcrparkin.com
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OO
SUPERIOR COURT OF THE STATE OF CALIF ORNLA

11
12
17CV31692?
13
CITY OF HALF
corporation,
MOON BAY, a municipal Case NO.:W
Unlimited Jurisdiction
14
SCANNED
15 Plaintiff, PROOF 0F SERVICE

16
¢
vs.
17
DISTRICT and
19
BY FAX
Defendants,
20

22
23
24
25 DISTRICT,
27
VS.
28
,J

corporation,
Cross-Defendant,
Lh-hbJN
Rea] Party in Interest.
ONOOOQQ
PROOF OF SERVICE
I certify and declaré as follows:
11 I am over the age of 18, and not a party t0 this action. My business address is I47 S.
River Street, Suite 221, Santa Cruz, CA 95060, which is located in Santa Cruz County.
12
13
On September 6, 201 7, I caused the following document(s) entitled:
14
l. GRANADA COMMUNITY SERVICES DISTRICT’S OPPOSITION TO
15 MOTION FOR MANDATORY CHANGE OF VENUE (CCP § 394)
16
2. REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO
17
MOTION FOR TRANSFER OF VENUE
18 3. [PROPOSED] ORDER TRANSFERRING VENUE

19 4. [PROPOSED] ORDER DENYING TRANSFER 0F VENUE AND
APPOINTING NEUTRAL JUDGE
20
21 t0 be served on the party(ies) or its (their) attomey(s) of record 1n this action listed below by the
following means:
22
23 BY MAIL. By placing each enve10pe (with postage affixed thereto) in the U.S. Mail
at the law offices of WITTWER PARKFN LLP, 147 S. River Street, Suite 221, Santa
24 X Cruz, California, addressed as shown below. I am familiar with this firm’s practice
for collection and processing of correSpondcnce for mailing with the U.S. Postal
25
Service, and in the ordinary course of business, correspondence would be deposited
26 with the U. S. Postal Service the same day it was placed for collection and
processing.
27
BY HAND-DELIVERY. By causing a true COpy thereof, enclosed in a sealed
28 envelope, to be delivered by hand to the address(es) shown below.
BY OVERNIGHT DELIVERY. By placing with the U.S. Postal Service for
overnight delivery a true copy thereof, enclosed in a sealed envelope, with delivery
charges paid by WITTWER PARKIN LLP, addressed as shown below.
BY FACSIMILE TRANSMISSION. By transmitting a true copy thereofby

facsimile transmission from facsimile number (83 1) 429-4057 to the interested
party(ies) or their attorney(s) 0f record t0 said action at the facsimile number(s)

shown below.
BY ELECTRONIC MAIL. By transmitting a true copy thereofby electronic mail

from e-mail address ddowningflhwittwemarkin.com t0 the interested party(ies) or
X
their attomey(s) 0f record t0 said action at the electronic mail address(es) shown
below.
Anthony P. Condotti David E. Schricker

Atchison, Barisone & Condotti Law Offices ofDavid B. Schn‘cker
333 Church Str'eet 563 South Murphy Avenue
CA 95060
Santa Cruz, Sunnyvale, CA 94086
ACONDOTTI@ABC-LAW.COM dschricker@schn'ckerlaw.com
Michael G. Colantuono Clm'stine C. Fitzgerald

Pamela K. Graham Fitzgerald Law Offices
Eduardo Jansen 345 Lonon Avenue, Suite 301
Colanruono, Highsmith & Whatley Burlingame, CA 94010
420 Sierra College Drive, Suite 140 fitzgeraldlaw@sbcglobal.net
Grass Valley, CA 95945-5091
MColantuono@chwlaw.us Carl Nelson
PGraham@chwlaw.us Maddow, Nelson & Judson
Bold, Polisner,
EJansen@chwlaw.us 2125 Oak Grove Road, Suite 210
cnelson@bpmnj.corn
I certify and declare under penalty of perjury under the laws of the State 0f California
that the foregoing is true and correct.
Dated: September 6, 2017

‘
<94Debbie Downing \
File Preparation Log
Law and Motion

Case Name: CITY 0F HALF MOON BAY vs. GRANADA COMMUNITY SERVICES DISTRICT, ET AL
Case Number: 17-c1v-03092 1 ’? C V 3 11 6 92 7

Hearing Date: 09/19/2017
Hearing Type: MOTION T0 TRANSFER

(MOTION FOR MANDATORY TRANSFER OF VENUE}
m Motion papers tagged with red sticker
m Notice of hearing filed on:

Og 3g
,
[1’]
d Proof of service of motion filed

onzmacfi 0d TD Néfifl '5
WET}
d Opposition to motion filed on:
0Q ’06 Ir} D
d Documents in chronological order:
w / File checked for misfiling:
File checked for missing documents/list if any:
NMIQ/
SOCORRO YAMBING Date: 9/8/2017

R! £39m“ NA L
ANTHONY P. CONDOTTI, State Bar No. 149886
ACONDome'LAW'COM
'
Elkm Government Code

Filing Fees
§ 6103
ATCHISON, BARISONE, CONDOTTI & KOVACEflcfl
333 Church Street l
ET--3 A 10‘» HS
Telephone: (831) 423—8383 SgLEEfiO‘fiFCTgLERC‘gURg
Facsimile: (831) 423-9401 COUNQE'OF SANTA CLARA
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I
ra-
E}FE EA
MICHAEL G. COLANTUONO, State Bar N0. 143551
MColantuono@chwlaw.us
.
sAN MATEO COUNTY

PAMELAK. GRAHAM, Stat c B a: N o 216309 SEP
SCANNED
PGrahm@chwlaw.us 1 2 2017
EDUARDO JANSEN, State Bar No. 302757

EJansen@chwlaw.us Clarke?
COLANTUONO, HIGHSMITH & WHATLEY, PC By '
420 140
Sierra College Drive, Suite _ H
Grass Valley, California 95945—5091 ‘;7_G,;,_G’;0;
Telephone: {530) 432-7357 Hm
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Facsimile: (530) 432—7356 ‘“ “‘1'“!
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$3993?
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CITY 0F HALF MOON BAY I
1ll‘H‘IUHHWHHWWN
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SUPERIOR COURT OF THE STATE 0F CALIFORNIA
& Drive.

nghsmlih
CA 14
a
College
Valley.
15
1 7 C v 3 1 6 9 2 7 .n
CITY OF HALF MOON BAY, a municipal CASE NOA-EIGW
Colantuono.
Slenc
Gloss
16
a
420
17
Plaintifi‘, (Case assigned to Hon Roben Foiles / Dept 21)
18 h
v. ‘
CITY 0F HALF MOON BAY’s
19 ‘
REQUEST FOR JUDICIAL NOTICE IN
.20
GRANADA COMMUNITY SERVICES SUPPORT OF MOTION FOR
MONTARA WATER AND
DISTRICT and MANDATORY TRANSFER 0F VENUE
21 SANITARY DISTRICT,
'
.
Complaint Filed: July 11, 2017
Defendants.
Hean'ng Date: September 19, 2017
‘
23
and Time: 9:00 am.
Dept: 16 (Law and Motion)
24
25
Real Paxty In Interest
26
27
28
CITY OF HALF MOON BAY'S

REQUEST FOR JUDICIAL NOTICE ISO MOTION FOR CHANGE OF VENUE
184373.!
Plaintiff City OfHalf Moon Bay (“City”), by and through its attorneys, hereby reSpectfully
requests this Court take judicial notice pursuant t0 Evidence Code sections 452 and 453 of the
California Water Board Complaint for Administrative Civil Liability (August 21, 201 7). A true and
correct copy 0f the Administrative Complaint and Attachment t0 the Administrative Complaint is
attached hereto as Exhibit A.
This Court may judicially notice file Water Board’s Admixfistrative Complaint and
Attachment A to the Adminish-atjve Complaint in Exhibit A of this request pursuant to Evidence
Code section 452, subdivisions (c), (g), and (h). The Court may judicially notice Exhibit A under
Evidence Code section 452 (Smith v. Workers' Compensation Appeals Bd. (2002) 116 Cal.Rpu'.2d
10 728, 732 & fi1. 3 [Conn oprpea] granted judicial notice 0f reéords from proceedings before the
PC
lI Workers' Compensation Appeals Board and other information available fiom the Contractors State
MO
thtley. 12 License Board, both California state agencies.]; Citizensfiv Jobs and the Economy v. County 0f
SUIIE
95945-7356
a 13 Orange (App. 4 Dist. 2002) IIS Ca1.Rptr.2d 90, 94 [Court gamed a request for judicial notice of
Olive.
nghsmlth
CA l4 planning documents regarding aixports created by the state agency showing that 34 California
CoIIege
Volley,
15 counties do not have airport service, which supported argument that an airport is not an essential
Sleno
Gross
16 governmental service.].) Additionally, the Water Board’s Administrative Complaint and Attachment
.
Colantuono.
420
I7 t0 the Administrative Complaint in Exhibit A 0fthis request is a public ddcument not reasonably
18 subject to d15pute, and is therefore capable of immediate determination of accuracy by resort to
19 sources of reasonably indisputable accuracy. (Evid. Code, § 452, subd. (11).) The Administrative
20 Complaint and Attachment A to the Administrative Complaint is available t0 the public on the
21 oflicial website of the California Water Board.
22 (<http://www.waterboards.mgov/sanfranciscobay/public_notices/enforcement_db.shtm1#SAM > [as
23 ofSep. 12, 2017].)
24 Exhibit A is relevant because it supports City’s argument that time is of the essence in this
25 matter due to the public health, safety, and environmental issua involved in sewage conveyance and
26 treatment. (Mangim' v. RJ. Reynolds Tobacco Co. (1 994) 7 Ca1.4th 1057, 1063 [relevant evidence
27 has “any tendency in reason to prove or disprove any disputed fact that is of consequence to the
28
2
CITY OF HALF MOON BAY'S
184373.]
determination 0f the action.”] [ovemlled 0n unrelated grounds in 1n re Tobacco Cases II (2007) 41
Ca1.4th 1257, 1276]; Evid. Code, § 210.).
For the foregoing reasons, the City reSpectfqlly requests this Court take judicial notice of
Exhibit A attached hereto.

KOVACEVICH
ANTHONY P. CONDOTTI

WHATLEY, PC
IO
PC
MO
11 491W 567d
MICHAEL COLANTUONO
G.
//?1\l
Whotley,
12 PAMELA GRAHAM
K.
SUITE
959467356
EDUARDO JANSEN
& 13 Attorneys for Plaintiff
Drlve.

CA
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College
Volley.
15
Slelro
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16
Colonruono.
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17
18
19
20
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22
23
25
26
27
28
3
CITY OF HALF MOON BAY’S
184373J
EXHIBIT A
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN FRANCISCO BAY REGION
1n the matter of:

I
COMPLAINT R2—2017—1024
FOR
Sewer Authority Mid-Coastside ADMINISTRATIVE CIVIL
Granada Force Main Sanitary Sewer LIABILITY
Overflow, Half Moon Bay, San Mateo
County Violafion of Waste Discharge
Requirements
Order No. R2-2012—0061 (NPDES No.
CA0038598)
SSO EVent ID: 833531 _
THE SEWER AUTHORITY Mm-COASTSIDE IS HEREBY GIVEN NOTICE

THAT: ~
1. The SeWer Authority Mid-Coastside (Discharger) is alleged to have violated

provisions of law for which the California Regional Water Quality Control Board,
San Francisco Bay Region (Regional Water Board), may impose civil liability
pursuant to section 13385, subdivision (c) of the California Water Code (Water
Code).
This Adminigtrative Civil Liability Complaint is issued under authority 0f Water

Code section 13323.
WASTE DISCHARGE REQUIREMENTS

3. The Discharger owns and operates a sanitary sewer collection system (collection
system) consisting of approximately 1.9 miles 0f gravity sewer pipeline, 5.8 miles
of force main, and 3 pump stations. Wastewater collected by the Discharger’s
collection system is conveyed to its treatment plant for disposal. Treated wastewatcr
is discharged west of Pilarcitos Creek to the Pacific Ocean, a water 0f the United
States.
The Discharge: is required

to operate and maintain its collection system in
compliance with Order No. R2-2012-0061, National Pollutant Discharge
Elimination System (NPDES) No. CA0038598 (SAM Permit), an individual
NPDES permit issued August 8, 2012, and afiective October 1, 2012, through
September 20, 2017. The SAM Permit was issued pursuant to Clean Water Act
section 402 and Water Code Chapter 5.5, Division 7 (commencing with section
13370). It servmc as an NPDES permit for point source discharges t0 surface waters.
Complaint No. R2-2017-1 024 2 August 21, 2017
Sewer Authority Mid-Coastside
Granada Force Main SSO
Discharge Prohibition III.E ofthe SAM Pennit prohibits any sanitary sewer
overflow that results in a discharge of unheated or partiaUy-h-eated wastewater to
waters of the United States.
011 Febmary 28, 2017, thmugh Mamh 3, 2017, due to a failure 0f the Gianada force
main, appmximately 357,000 gallons ofunUeatcd sewage discharged finm the
Discharger’s collection system as a sanitary sewer overflow (SSO) into an unnamed
creek located in the City of Half Moon Bay, and ultimately tQ the Pacific Ocean.
The Discharger recovered approximately 13,000 gallons of the untreated sewage
and returned it to its collection system. The Granada force main failure was likely
caused by internal cavitation, with the sewerpipe’s age and abrasive wear due to
grit oonII‘ibuting to the failure.
Water Code section 13385, subdivision (a)(Z) provides that a person who violates a
waste discharge requirement permit issued pursuant to Chapter 5.5 or any water
quality certification issued pursuant to scctjon 13 160 shall be liable civilly in
accordance With section 13385.
VIOLATIONS SUBJECT T0 THIS COMPLAINT
8. On or about February 28, 2017, through March 3, 2017, and for four days, the
Discharger violated SAM Permit Discharge Prohibition HLE by discharging
approximately 344,000 gallons ofuntreated sewage t0 waters of the United States,
and is thereby subject to civil liability under Water Code section 13385, subdivision
(8X?)
The details of this violation are set forth in full in the accompanying Administrative
Civil Liability Factors (Attachment A), which is incorporated herein by this
reference as if set forth in full.
MAXHVIUM LIABILITY
10. Water Code section 13385, subdivision (c) provides that any person who violates a
waste discharge mquirement issued pumuant to Water Code Chapter 5.5 is subject
t0 administrative fiabilities ofup to $10,000 per day of violation, and up t0 $10 per
gallon for each gallon discharged but not cleaned up over 1,000 gallons. The SSO
took place over a four—day period. Accordingly, the maximum potential civil
liability for the Discharger’s Februaxy 28, 2017 through March 3, 2017, SSO is
$40,000 for the four days of violation, plus $3,430,000 for the 344,000 gallons
discharged, but not cleaned up, less the 1,000 gallon as required by statute, for a
total maximum adminisrmtive civil liability 0f $3,470,000.
Complaint No. R2-2017—1024 3 August 21, 2017
MINIMUM LIABILITY
11. Water Code section 13385, subdivision (e) requires, at a minimum, that an
administrative civil liability be imposed that will capture the economic benefit to
the violator fiom the violation. In this case, the Disoharger realized an economic
benefit of approximately $1 79,000 form ofcost savings for delaying the
in the
construction and replacement of the failed force main for nine years. The State
Water Resources Control Board’s Water Quality Enforcement Policy (Enforcement
Policy) recommends the Regional Water Board assess liability at least 10 percent
higher than the economic benefit so that liabilities are not construed as the cost of
doing business and that the assessed liability provides a meaningfill deten‘ent to
future violations. Accordingly, the minimum administrative civil liability for the
Discharger’s SSO is $196,469. See Attachment A for the full economic benefit
analysis.
PROPOSED LIABILITY
12. The amount of administrative civil liability proposed is based on consideration of
factors contained in Water Code section 13385, subdivision (e) and the
Enforcement Policy, which specifies the factors that the Regional Water Board
shall take into account in establishing the amount of discretionary liability for the
alleged violations. '1”th factoi—s include the nature, circumstance, extent, and
gravity of the violations; the Discharger’s ability to pay, ability to continue in
business, prior history of violation, degree of culpability, and ecommic benefit or
savings, if any, multing from the violations; and other matters as justice may
require.
13. Based 0n the penalty calculation methodology set forth in section VI of the
Enforcement Policy, the Regional Water Board Pmsecution Tm
recommends that
the Regional Water Board should impose administrative civil liability against the
Discharger in the amount of $522,700 for the discharge ofuntreated sewage to the
Pacific Ocean on February 28 through March 3, 2017.
Dated this August 21, 2017
(3‘3“ MSW
Dyan C. Whyte
Assistant Executive Officer
Signed pursuant to the authority delegated

by the Executive omcer to the Assistant
Executive Officer.
Complaint No. R2-2017-1024 4 August 21, 2017
‘
Sewer Authority Mid-Coastside _
Attachment A: Administrative Civil Liability Factors
CIWQS: Reg Measure ID: 414947

Place ID: 630982
Party ID: 405 1 6
Violation ID: 1021832
Attachment A
t0
Administrative Civil Liability
Complaint N0. R2-2017-1024

SAM February 28 to March 3, 2017. SSO
Attachment A - Administrative Civil Liabili‘y Factors
Factors in Determining
Administrative Civil Liability
SEWER AUTHORITY MID-COASTSDJE .
FEBRUARY 28 TO MARCH 3, 2017, GRANADA FORCE MAIN

SANITARY SEWER OVERFLOW (SSO)
HALF MOON BAY, SAN MATEO COUNTY
The State Water Resources Control Board Water Quality Enforcement Policy (Enforcement
Policy) establishae a methodology for assessing administmtive civil liability. Use of the
methodology addresses the factors required by Water Code sections 13327 and 13385,
subdivision (e). Each factor in the Enforcement Policy and its corresponding category,
adjustment, and amount for the alleged violation, is presented below. The Enforcement Policy is
at:
hth/www.watcrbomds.cagov/water issum/programs/cnforcementfdocs/enf policv finallll709.pdf
ALLEGED VIOLATION
From February 28 March 3, 201 7, the Sewer Auflnority Mid-Coastside (Dischargcr)-had a

to
sanitaly sewer overflow (SSO) that discharged a total of 357,000 gallons (gal) of unheated
sewage to the Pacific Ocean due to a force main failure, resulting in a violation of Discharge
Prohibition E 0f Older No. R2-2012—0061, National Pollution Discharge Eliminatioa System
(NPDES) No. CA0038598 (SAM Permit).' Of the 357,000 gal, the Discharger recovered 13,000
gallons and returned it system? The SSO discharged to an unnamed creek
to i13 collection
located in HalfMoOn Bay and ultimately into the Pacific Ocean, a water of the United States.
Discharge Prohibition III.E of the SAM Permit prohibits any SSO that results in a discharge of
untreated or partially treated wastewater lo waters of the United States.
In its April 14, 2017, SSO Technical Report, the Discharger stated the failure in the “Granada”
force main was most likely caused by internal cavitation as well as the age of the sewer pipe and
abrasive wear due t0 grit
For the above violation, the Discharger is subject to administrative civil liabilities pumuant t0
Water Code section 13385, subdivision (a)(2).
In an August 10, 2017, email, the Discharger provided its 357,000 gallon SSO volume mlculation bascd on flows
'
fi’om the Portola and San Pablo Pump Stations, mcasurcd flow fi-om Frenchman’s Creek, and treatment plant
influent flow.
3
California Integrated Water Quality System certified SSO repon for Event 1D 833531.
Page A1 ofS
9s
6.:
SAM February 28 to March 3, 2017, SSO

Attachment A - Administralive Civil Liability Factors
PENALTY ASSESS
DISCUSSION
FACTOR MENT
Harm 01’
'
3 Harm or Potential for Harm — Above Moderate

Potential Harm An “above moderate” potentiaI for harm is selected for the SSO because the impacts
to Beneficial fit the Enforcement Policy definition for above moderate harm (“impacts are
Uss for obscrvcd or likely subsmmial, temporary restrictions on beneficial uses [c.g._ 12$
Discharge than five days]..."). The San Francisco Bay Water Quality Control Plan dwignatx
Violations the following beneficial uses ofthc Pacific Ocean: industrial service supply (IND),
commercial and Sport fishing (COMM). shell harvesting (SHELL), marine habital
(MAR), fish mig‘ation (MIGR), preservation ofrarc and endangered species
(RARE), fish spawning (SPWN), wildlife habitat (WILD), water contact recreation
(RECI), noncontacl water recreation [R.ECZ), and navigation (NAV). The discharge
of untreated wasiewater caused a three—day beach closure, which was a temporary
restriction of‘the RECI beneficial um} At a minimum the thrcc-day beach closure
was a four-day restriction on ths waler contact recreation beneficial use, meeting the
definition for an above modcmtc factor.
Physim], 3 Degree of Toxicity — Above Moderate
Chemical, An “above modems” dame of toxicity is selected because the sewage discharged
Biological. or was not treated, potentially toxic to aquatic organisms, and contained bacteria at
Thermal lcvcls cxcmding human health standards. Therefore, the discharge posed an above
Characieristics moderate risk to polemial reccpmrs.
(chee of
Toxicity)
Susceptibility to 1 Susceptibility to Cleanup — N0
Cleanup or Less than 50 percent ofthe SSO was amenable 1o cleanup or containmcnt because,
Abatement once i1 discharged lo the ocean. the ocean current prevented cleaning up or
containing the untreated sewage.
Per Gallon 0.60 Deviation from Requirement — Major
Factor for Discharge Prohibition E ofthc SAM Permit prohihfls discharge of untreated sewage
Discharge to waters oflhe United StaIcS. By discharging to watcrs ofthe United States. the
Violations discharge rendered this prohibition ineffective in its essential fimctions. This
represents a “major” deviation fi‘om the requirement based on Table 2 ofthc
Enforcement Policy.
Adjustment for $2/ga] The Enforcement Policy allows for an adjustment of liability fi-om $10 per gallon for
High Volume high volume discharges, provided the adjuslmcm ”mdom not result in an
Discharges inappropriately small penalty." The Enforcement Policy recognizes sewage Spills can
be very large and recommends an amount of$2 per gallon for large scmgc spills.
'I'he discharge totaled 344,000 gallons, which is a high volume. Application of an
adjusted liability of$2 per gallon is appropriate for thc SSO because the volume of
the SSO was high and it does notresult in an inappropriately small penalty.
—
.
Pcr Day Factor 0.60 Deviation from Requirement Major

Discharge Prohibition E ofthe SAM Permit prohibits discharge of untreated or
paxfially-ntalcd wastewatcr to waters of the United StatesA By diSCharging untreated
sewage to waters ofthe United States. thc Dischargcr rendered this prohibition
ineffective in its essential functions. This represents a “major” deviation from the
requirement based on Table 3 ofthe Enforcement Policy.
Days 4 The SSO occurred over four days, from February 28, 2017, Lhrough March 3, 2017.
Statutory Max $1 0,000 The statutory maximum per—day liability is $10,000 pcr Water Code section 13385,
Pcr Day subdivision (c)(l ).
3
San Mateo County Environmental Hcaith July I3, 2017, email.
Page A2 of5
Auachment A -
Administrativc Civil Liability Factors
PENALTY ASSESS
DISCUSSION
FACTOR NIENT
=
Initial $435,600 The initial liability is determincd as follows: Initial Liability [(per gallon factor) x
(per gallon liability) x (gallons discharged to surface water minus 1,000 gallonsfl +
Liability
[(per day factor) x (maximum per day liability) x (days ofSSO duration)] = [(0.6) x
($2/gallon) x (343,000 gallons” + [(0,6) x ($10,000/day) x (4 days)].
Adjustments for Discharger Conduct

Cnlpability 12 A higher than neutral culpability Factor is appropriate because the Granada force
main that failed is approximately 34 years old and is past its expected life expectancy
of25 years.“ 1n addition to the age ofthc pipe, the Discharger has been aware ofthe
oocurrenca ofintema] cavitation and grit wear in the failed force main since
November 2009.5 The Dischargcr should have known thal the force majn’s service
life was wclI-expired. The Dischargcr should have replaced it before allowing the
force main to fail.
Cleanup and 1 A neutral cleanup and coopemtion factor is appropriate because the Discharger
Cooperation cooperated during investigations, timely reported the SSO, and timcly submitted the
required SSO Technical Report.
History of 1 A neutral history of violations factor is appropriate bemuse the Regional Water
Violations Board has not previously taken formal enforcement againsl the Discharger for SSOs.
Total Base $522,720 Each fictor relating Io the Diseharger’s conduct is multiplied by the initial liability
for each violation lo determine the Iota] base liability.

Liability
Total Base Liability = (435,600) x (1.2) x (1) x (1)
Ability to Pay 1_0 The ability ofadischargcr to pay the recommended adminisuative civil liability is
and Condnue in determined by its revenues and assets. The Discharger’s General Budget (for Fiscal
Business Yw 2016/17 is $5.1 million.“ The Discharger receives nearly all its revenue from its
three member agencies and remaining revenue comes from direct service fees and
miscellaneous revenue. Based on the overall budget and sources ofrcvenue for the
Discharger, the Dischargcr has the abiliiy to pay the preposed liability amount and
stay in business.
Economic $179,000 Parsuant to Water Code section 13385, subdivision (e), civil liability, at a minimum,
Benefit must be assessed at a level that recovers [he economic benefiL if any, derived from
the acts that constitute a violation. As documented in this complaint, the Discharger’s
failure to address structural Sufi
in the Granada force main is likely to have
contributed to the pipe failure resulting in the SSO. The BEN financial model
provided by the U.S. Environmental Protection Agency was used t0 compute the
total economic benefit of noncompliance.’ Cost mfimale and other assumptions are
detailed in the attached Table 1. The general assumptions used to determine the
economic benefit are summarized below.
The SSO identified in this complaint is likely the rmlt ofsignificant internal
deterioration ofthe force main, a condition the Dischargcr has been aware of since a1
last November 2009, as documented in the SAM Intertie Pipeline System Review
and Evaluation Report that SRT Consultants prepared for 1he Discharger in
December 2009. In the repon, SRT Consultants describes the cause of a force main
failure resulting in a SSO on November 1, 2009, as “an internal degradation
mechanism, most iikely [from] sediment impingement or scouring.” The 14—inch—
diameter ductile iron force main was installed in 1979, with an estimated service life
‘
Discharger's April 14. 2017, SSO Techniwt Report
5
Dccembar 2009 SRT Consultants SAM Imertie Pipeline System Review and Evaluation Report
°
http'J/samcleanswa1er.org/documems
7
U.S. EPA's Economic Benefit Model (BEN) calculates a dischaxgcr‘s economic benefit of noncompliance from delaying or
avoiding compliance with environmental regulations, Sec humllwwwxpa.eov/cnfomementlpcnaltv-and-financial-modcls for
additional infom'ation.
Page A3 of5
SAM February 28 Io March 3, 2017, SSO
Attachmcnt A - Administrative Civil Liability Factors
PENALTY ASSESS—
DISCUSSION
FACTOR MENT
of25 years Therefore, the force main had already exceeded its service life al the
time ofthc 2009 SSO.
The cos! ofrcplacing 7,100 Iinmr feet ofthe Granada force main wili exceed
$771,000 (with an stimated completion date ofOctobcr 2018, nearly 9 yws aficr
the November 2009 SSO identified structural deficiencies and 14 years beyond the
force main’s estimated service 1ifc).3 By delaying construction and replacement, the
Dischargcr has enjoyed an economic benefit. Using the penalty payment date as thc
dale ofthc hearing ofNovember 8, 2017, the total economic benefit ofdelayed
action was approximately $ 179,000. Chang$ to the payment date, or the compliance
datcsjgonsmlction completion), would affect the Iota! economic benefit.
Other Factors as Justice May Require

Staff Costs None For this case, no Regional Water Board siafT costs arc msed.
Maximum $3.47 M Water Oodc section 13385, subdivision (c) allows up to $10,000 for each day in
Liability which the violation occurs, and $10 for each gallon exceeding 1,000 gallons that is
discharged and n01 cleaned up. The maximum liability is based on 344,000 gallons
and four days ofviolation.
Minimum $196,469 Water Code section 13385, subdivision (e) mquircs that, a1 a minimum, the
Liability economic benefit received as a result of the violation be recovered. The Enforcement
PolicyIp. 21) states that thc total liability must be at least 10 percent higher than the
economic benefit, “so that liabilities are not construed as the cost of doing businc$
and the med liability provides meaningful deterrent to future violan'ons.”
Therefore the minimum total liability associated with the economic benefit was
determined to be $196,469.
Final $522,700 The final liability amount is the total base liability afier appropriate adjustments for
ability to pay, economic benefit, other factors as justics may require, maximum
Liability (rounded)
liability, and minimum liability. 1n this case, the final liability is the same as the total
base liability.
3
December 2009 SRT Consultants SAM lnlcrtic Pipeline System Review and Evaluation Report
Page A4 of S
Attachment A - Administrative Civil Liability Factors
Table 1
— Economic Benefit Analysis
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Page A5 ofS
PROOF OF SERVICE
City ofHalfMoon Bay v. Granada Community Services District, er a1.
1, Ashley A. Lloyd, declare:
I am employed in the County ofNevada, State of Califomja I am over the age of 18 and not
a pany to the within action. My business addracs is 420 Sierra College Drive, Suite 140, Grass
Valley, California 95945-5091. On September 12, 2017, I served the document(s) described as
CITY 0F HALF MOON BAY’S REQUEST FOR JUDICIAL NOTICE 1N SUPPORT 0F
MOTION FOR MANDATORY TRANSFER 0F VENUE on the interested parties in this action
addressed as follows:
SEE ATTACHED LIST

10
BY OVERNIGHT DELIVERY: Ideposited such enveIOpe in a facility regularly
PC
maintaineEbgfl FEDERAL EXPRESS with delivery fees fully provided for 0r delivered the
1]
envelope t0 a courier or driver of E FEDERAL EXPRESS authorized t0 receive documents at
140
420 Sierra College Drive, Suite 140, Grass Valley, Califomia 95945, with delivery fees fully
Whatley.
12
provided for.
SUITE
95945v?356
8L
Drive.
13
K BY E-MAIL OR ELECTRONIC TRANSMISSION: Based 0n a court order or an
agreemen 0f the parties t0 accept service by e—mail or electronic transmission, by causing the
14
HIghsmHh
documents to be sent to the persons at the e—mail addresses listed on the service list on
September 2017 from e-maiI address: PGraham@chwlaw.us. No electronic message or other
College
VoHey.CA
15 12.
indication 'that the transmission was unsuccessful was received within a'reasonable time afler the
Slerro
16 transmissi0n.
Glen
CoIanIuono.
420
I declare under penalty ofperjury under the laws ofthe State of California that the above is
true and correct.
18
Executed on September 12, 2017, at Grass Valley, California.
19
20 " '
'
AshleyA. Lloy
26
27
28

184373.]
dt-z
PROOF 0F SERVICE
City OfHaU'Moon Bay v. Granada Community Services District, et a1.
Ix.)

I
Jonathan Wimver David E. Schn'cker

William P. Park'm Law Ofice ofDavid B. Schricker
Wittwer Parkjn LLP Sunnyvale, CA 94086
147 River Street South, Suite 221 Telephone: (408) 517-9923
Telephone: (83 1) 429-4055 Email: dschxicker@schrickerlaw.com
Facsimile: (83 1) 429—4057 Attorneysfor Defendant
Email: jonathan@wittwerparkin.com Montara Water and Sanitary District
Email: Wparkin@wittwerparkin.com
Email: nwhipps@wittwexparkin.com
10
PC
11
140
Whafley.
12
SUITE
95945-7356
Christine C. Fitzgerald CharlesRA. Nelson
& 13 Fitzgerald Law Ofiices Maddow, Nelson & Judson
Bold, Polisner,
Drlve.
14
nghsrnlth
CA
Burlingame, CA 940 1 0 WainutCreek, CA 94598
Conage
Telephone: (650) 348-51 95 Telephone: (925) 933-7777
Volley,
15
Facsimile: (650) 239-1207 Facsimile: (925) 933-7804
Sleno
Glass
16 Email: fitzgeraldlaw@sbcglobal.net Email: cnclson@bpmnj.com
Colantuono.
Attorneysfor Defendant Atlorneysfor Real Party in Interest
£20
17 Montara Water and Sanitary District Sewer Authorizy Mid—Coastline
13
19
Courtesy Capy via Email:
Anthony P. Condotti, City Attomey
20 City of Half Moon Bay
Atchison, Barisone, Condotti & Kovacevich
21 333 Church Street
22
Telephone: (83 1) 423—83 83
Facsimile: (831) 423—9401
23
Email: TCondotti@abc-Iaw.com
24 Attorneysfor Plaintiff
City ofHalfMoon Bay
25
26
2]
28
2
1843711
magma“
ANTHONY P. CONDOTTI, State Bar No. 149886 Nb mpt from Filing Fees
5COWOWIWC‘LAW'COM fl:
i emment Code § 6103
ATCHISON, BARISONE, CONDOTTI & KOVACEVICH
,
333 Church Street
Santa Cm,Califomia 95060 29W OCT “3 A '3 “5
Telephone: (831) 423-8383
0F TOHE
Facsimile: (831) 423—9401 3%LEFEFI‘3KC flc‘gléfica
géCHAELG. COLANTUONO, State Ba: No. 143%?“

CL'ARA E EA F
T959PUSAN MATEO COUNTY
EB
olantuono@chwlaw. us .33..
SCANNED PAMELAKGRAHAM,StateBarNo.216309
‘-
¢ SEP I 2 2017
'
PGmham@chwlaw.us
Q
EDUARDO JANSEN, State Bar No. 302757
Elansen@chwlaw.us
Grass Valley, California 95945- 5091
b
:JTP—AE‘IV—
03092
Telephone: (530) 432N7357 emoran d u m

10 °' P oin ‘ s 3”“ A u ”‘ nri ‘ ie S ” Re”
i
Facsimile: (530) 432-7356 $26792
PC 11 l
Whalley.
MO
12
CITY 0F HALF MOON BAY { Ill EV E m ”WEE HR'N Hf!
i
SUITE
95945-7356
13
SUPERIOR COURT OF THE STATE 0F CALIFORNIA
8c
Drlve.

nghsmiih
CA
l4
g
17cv316927 m
NOW
College
Volley,
15
CITY OF HALF MOON BAY, a municipal CASE

Colaniuono.
Slelro
Grass m corporation, Unlimited Jurisdiction

a
420
17
Plaintifi, (Case assigned to Hon. Robert Foiles / Dept 21)
18‘

'
v.
19
REPLY IN SUPPORT OF MOTION“
20
GRANADA COMMUNITY SERVICES FOR MANDATORY TRANSFER 0F
DISTRICT and MONTARA WATERAND VENUE (CCP § 394)
2 I SANITARY DISTRICT,
Complaint Filed: July 11, 201 7
22 Defendants.
23.
Hearing Date: September 19, 2017
and Time: 9:00 am.
24
Dept: 16 (Law and Motion)
25
Rea] Party In Interest.
26
27
28
CITY 0F HALF MOON BAY’S REPLY

IN SUPPORT OF
'
1842214
TABLE OF CONTENTS
INTRODUCTION ..... ..... I
ll. THE CITY IS ENTITLED TO TRANSFER TOA NEUTRAL COUNTY ................................. 2
A. The Urgency ofAdjudicating this Matter Favors Transfer ........................................... 2
B. An Out—of—County Judge Will Further Burden This Court’s Resources ................... 4
Ill. THE CITY SEEKS TRANSFER TO AVENUEWITH THE CAPACITI’ TO PROMPTLY

AND EFFICIENTLY RESOLVETHIS MATTER. ............................................................................. 5
IV. CONCLUSION ............. 6
10
PC
11
MD
Whatlev.
12
SUIIE
95945-7356
13
& Drive.
CA
14
nghsmnh
College
Volley.
15
Sieuo
Gross
16
Colanfuono.
420
I7
'18
19
20
21
22
23
24
25
26
27
28
CITY OF HALF MOON BAY’S REPLY

IN SUPPORT OF MOTION FOR MANDATORY TRANSFER OF VENUE
.
1342214
TABLE 0F AUTHORITIES
Page(s)
Cases
City ofAlamea’a v. Superior Court

(1974) 42 Cal. App. 3d 312 ............................................................................................................. 2
County ofSan Bemardino v. Superior Court

(1994) 30 Cal.App.4th 378 .......................................................................................................... 1, 2
Statutes
Code of Civil Procedure

10
§ 394 ............................................................................................................................................. 1, 2
PC § 394(a) ............................................................................................................................................ 1
ll
l40
Whatley.
12
SUITE
05946-7356
13
& Drlve.
nghsmlih
CA 14
Collega
Volley.
15
Sleua
Gmas
16
Colaniuono.
420
17
13
19
20
21
22
23
24
25
26
27
23
2
1842214 _
-<‘:
M E M ORA N D U M
IQ
l. INTRODUCTION
By its Motion, Plaintifi‘ City of Half Moon Bay (“City”) seeks transfer to a neutral county
pursuant to Code of Civil Procedure section 394, which provides for a mandatory change of venue in
litigation between public cntitim. (Code Civ. Proc., § 394(a).) Defendants Montara Water and
Sanitary District (“Montara”) and Granada Community-Scrvices District (“Granada”), and Rea]
Palty in Interest Sewer Authority Mid-Coastside (“Authority”) d0 not dispute that section 394
mandates such Hansfer t0 a neutral venue in this politically sensitive action t0 guard against even the
potential for local prejudices. (County ofSan Bernardino v. Superior Court (1994) 3O Cal.App.4th
10 378, 386 (“San Bemardino”); Granada Opp’n at pp. 4, 7‘.) There is, thus, no doubt this case should
PC-
11 be sent to a neutral venue with capacity to efiiciently resolve it.
MU
WhaHeY. 12 Rather, opposing parties’ only gounds for challenging the Motion is t0 either have the action
SUIYE
95945-7356
& 13 u'ansferred to a difierent venue than Sacramento County, as suggested by the City, 0r to have the
Dllve,
nghsmlfh
CA
14 Judicial Council appoint an out-of—town judge fi’om a neutral county to try this case in San Mateo.
College
Volley.
15 The first point is a non-issue —- while the City maintains that Sacramento is the best Option because
Slerlu
Grass
16 ofits abundant resources and convenience to the parties, the City agrew there may be alternative
Colanluono,
420
17 venue that meet thwe criteria. Specifically, the City has n0 objection to the opposing parties’
18 suggestion of Santa Clara County, so long as it too can resolve this case quickly and efficiently.
19 On the second point, opposing parties’ request to keep this case in San Mateo County before
20 a Judicial Council—appointed neutral judge would not serve section 394’s legislative purpose nor the
21 unique circumstances ofthis case. Not all cases are suiéble for this alternative option ~ and this is a
22 case in point. Time is of the essence here due to the public health, safety, and enviromnental issues
23 involved in sewage conveyance and treatment. The parties need Swift adjudication of their funding
24 dispute, as evidenced by Montara’s and Granada’s recent filing of cross—complaints on these very
25
26
27
I
While only Granada has filed a substantive opposition, the others have joined in Granada’s brief,
and thus all three parties are referenced hereinafier as the opposing parties. The City will not engage
28 Granada’s premature cfi‘ort to litigate the merits of the underlying dispute, as that is not before the
Court on this procedural Motion to transfer venue.
. l
CITY OF HALF MOON BAY'S REPLY

18m7.4
<::_~'.;\>:.‘J_-..
issues, to guide their impending next steps. Any risk ofde}ay in the Judicial Council’s assiglment
and special setting of future hearings and tn'al with a neutral judge — which will require continued
taxing of San Mateo’s limited stafl‘and rwourcmc even with a neutral judge — is unmerited and
weighs against this alternative.
._._______._..-.._._L._.~__L
ll. THE CITY IS ENTITLED TO TRANSFERTO A NEUTRAL COUNTY

The City objects to flying this case in San Mateo County before an out-of-county judge. First
and foremost, the City is entitled to transfer to neutral ground to ensure swifi adjudication before an
impartial court. (See San Bernardino, supra, 30 Cal. App. 4th at pp. 386—387 [purpose 0f
10 section 394 “to guard against local prejudices which semetimes exist and t0 secure to both parties
PC
11 to a suit a trial upon neutral ground”]; City ofAlameda v. Superior Com (1 974) 42 Cal. App. 3d
ldo
Whafley.
12 3 12, 3 1 6.) As defendants and real-party—in-interest concede, transfer is mandatory and the only real
SUITE
95945-7356
8:
13 question is where to send this case.
Drive,
CA 14 While section 394 ofl‘ers an altemative remedy ofhaving this case remain in San Mateo
HIghsmIIh
College
Volley,
15 County before a Judicial Council appointed—judge, thjs is not a viable alternative here.
Slerra
Gross
I6
Colanfuono.
420
I7
A. The Urgency ofAdjudicating this Matter Favors Transfer
18 Swifi and impafiial resolution of the parties’ funding obligations is needed t6 ensure the
19 continued safe and lawfifl operation of the agencies’ sewer systems and to protect public health,
20 safety, and the environment. This can be accomplished by transferring this action now to a court with
21 the resources to immediately begin adjudicating this case. On the other hand, there is a needless risk
22 of delay in requesting that the Judicial Council initiate the probess of finding and appointing an out-
of-tovm judge to try this case in San Mateo, confinning the appointment against possible efforts to
24 disqualify the assignment, and specially setting each and every step of this proceeding.
25 The facts belie the Opposing pam'fi’ contention there is no longer any urgency in this action
26 being resolved as soon as practicable:
27 First, Even though the pam'es entered into a tempomxy stipulation agreement concerning
28 near—term funding for the Authority, there is still geat urgency to determine the parties’ ongoing
2
REPLY
IN SUPPORT OF MOTION FOR MANDATORY TRANSFER 0F VENUE
1842214
financial obligations. The pafiiw’ stipulation is simply a temporary fix? “intended t0 enable [the
Authority] t0 continue its ongoing operations and proceed with expenditures in accordance with the
201 7—1 8 General Budget .”

(See Granada Opp’n, Exh. B [Stipulation and Order Regarding
Expenses and Asswsments of Sewer Authority Mid-Coastside], '[I 9.) However, the Authority is
currently unable to fully plan, design, and build the necessary capital projects to replace portions of
the Intertie until it is determined which member agencies will pay for the replacement 0f the Intertie.
It is expected thal several factors impacting file cost ofrcplacing the Intertie — including the scope
and schedule ofthe replacement — will change based on how many member agencies fund the
capital project.
10 Second, Intertie replacement projects built pursuant to the partics’ temporary stipulation may
PC
ll result in an interim windfall to Defendants in the form of an interest-fiee loan. By the temporary
140
Whofley. 12 stipulation, the City has ageed to pay under protest for the repair and replacement of segments of
SUITE
8s
95945-7356
13 the Intertie — the very funding at issue in the Complaint — to enable the Authority to continue its
Drive.
CA
l4 ongoing operations. (Ibid) If the City is found not liable for a share ofthe estimated $4.4 million
HIghsmIfh
College
Volley.
15 cost to replace portions of the Intertie, which it believes will be the case, the City’s financial
Slena
Glass
16 participation in Intertie projects built pursuant to the pam'es’ temporary stipulation will mean the
Colanluonp.
420
17 City provided Defendants an interest-free loan. While a great deal for Defendants, the City 1's
not in
13 the position nor in the business of providing interest flee capital. These financial obligations need to
l9 be adjudged now.
20 Third, protracting this case will disu-act the Authon'ty fi—orfi getting its environmental house
in order. The Authority and Intertie are facing significant environmental concerns that must be
22 immediately addressed For example, fiom about February 28, 2017 through March 3, 2017, a
23 failure in an Intenie force main caused approximately 344,000 gallons ofuntreated raw sewage t0 be
24 discharged into a creek located in the City. (Request for Judicial Notice ISO Reply Brief, Exh. A
25 [Cabfornia Water Board ComplaintforAdministrarive Civil Liability, August 21, 2017].) Staff fi'om
26 the California Regional Water Quality Control Board (“Water Board”) has recommended the State
27 Water Board impose an administrative civil liability against the Authority of $522,700 for the
28
3
CITY 0F HALF MOON BAY’S REPLY
18427.14
discharge. (Ibid) The sooner this case is resolved, the sooner the Authority and member agencies
can focus on addressing the Authon'ty’s and Intertie’s environmental issues and moving forward.
Fourth, prolonging this litigation will increase litigation expenses for all member agencies.
The Authority’s participation in this case will needlessly increase litigation expenses for member
agencies, who are the Authority’s only funding source. For example, the Authority’s joinder in
Defendants’ Opposition to the City’s Motion to Change Venue is conceming t0 the City. The
Authority’s litigation expensm will likely be funded fiom the Authority’s general budget. Given that
under the parties’ Joint Powers Agreement the City is responsible for roughly half of the Authority’s
general budget, the City may be asked to pay approximately half of the Authority’s legal expenses in
10 this case. Yet, under the partiw’ stipulation, the Authority was ensured near-term funding, relieving
PC
11 the Authority of the need to actively participate in this present litigation. Despite the City’s bat
140
Whailey.
12 efforts t0 minimize litigation costs, the Authority filed a joinder. Ensun'ng a quick resolution 0f this
SUITE
95945-7356
8x
13 case in an appr0pn'ate neutml forum will limit litigation expensme as much as possible.
Dtlve.
CA
l4
nghémnh
Coliege
VOIIGV. 15
B. An Out-of-County Judge Will Further Burden This Court’s Resources
Slelrc
Grass
16 Trying this case in San Mateo with an ouI—of—county judge appointed by the Judicial Council
Colaniuono.
420
17 will also further burden this Court’s resources and stafi”. Even if an impartial judge is brought in to
18 try this matter, he or she will still rely on San Mateo’s taxed stafi and rmources. The Judicial
19 Council’s statistics reinforce the City’s contention that San Mateo’s resources are over—burdened —~
San Mateo has the state’s second largest caseload. (Gmnada’s Request for Judicial Notice ISO
21 Opp’n, Exh. A.) In fiscal year 2014-201 5, for example, the last year for which Judicial Council data v47.
22 is available, courts in California had an average of 3,150 dispositions per judicial equivalent
‘23 position. San Mateo had 4,720 — nearly 1,600 or 50% more dispositions per judicial equivalent
24 positon than the average California court. (Ibid) Appointing an out-of—county judge unfamiliar with
25 San Mateo’s local rules and procedures, and forcing court staff to specially set each and every
26 hean‘ng for this case and oversee procedural issues, will further burden the stafiand the limited
27 resources of this Comt, delay the present litigation, and increase litigation costs.
28
4
1342214 _
Ill. THE CITY SEEKS TRANSFERTO AVENUE WITH THE CAPACITY TO
PROMPTLYAND EFFICIENTLY RESOLVE THIS MATTER
The City requests this Court transfer this case to a neutral venue with the capacity to
promptly and eficiently resolve it

— Sacramento County or another neutral venue determined by
...;..;~w-4.;._..~...V.
this Court. The City proposw Sacramento as a dcsirabIe venue for the following reasons. First,
Sacramento has the resources to resolve this action 0n a regularly scheduled calendar quickly and
eficiently. As indicated by the Judicial Council, Sacramento has a smaller caseload than San Mateo
and the average California court. In fiscal year 2014-201 5, for example, Sacramento had 2,844 court
dispositions per judicial equivalent position. That same year, San Mateo had 4,720 and the average
Califomia court had 3,] 50. Sacramento had roughly 1900 fewer dispositions per judicial equivalent
PC 11
position than San Mateo a- roughly 300 fewer than the average California court. (Ibid)
140
thtley.
12
SUIIE
Second, sitting in the state’s capital, Sacramento tries many cases testing the ICSpective
95945-7356
13
& Dlive.
authority and obligations of contesting government agencies. Benefiting fiom experience, V
CA
14
nghsmlih
Sacramento’s judges and court stafihave great expertise trying cases between public entities, which
College
Valley.
15
also will serve to expedite adjudication ofthis case.
Slena
16
Gloss
Lastly, Sacramento is a convenient forum for all partiw. Though no counsel for the four
Colantuono.
d20
17
parties maintains an ofiicc in Sacramento County, they are all located within reasonable distance,
18
fiom Grass Valley to Santa Cruz. This action will not require partiw to tmtify or otherwise attend
19
numerous court proceedings — it can be expected to be tn'ed on documents as it turns on the
20
consn‘uction 0f an integated contract and few witnesses remain fiom its 1976 negotiation.
21
Alternatively, the City has no objection to the opposing pam'es’ suggestion of Santa Clara
22
County as a neutral venue, so long as it, too, can resolve this case quickly and efficiently.
23
24
25
26
27
28
5
1842214
IV. CONCLUSION
For all ofthe reasons discussed here and in the Motion papers, the City respectfillly requests
this Court transfer this case to a neutral venue with the capacity to efficiently resolve it —
Sacramento County or another neutral venue detennined by this Court.

KOVACEVICH
ANTHONY P. CONDOTTI

IO
WHATLEY, PC
PC 11 'QPUA-P-DQ 244496?“
I40
12
PAMELA K. GRAHAM
Whailey.
SUIIE
95945-7356
13
EDUARDO JANSEN
& Drlve.
14
nghsrnlfh
CA
College
Vo1ley,
15
Slelrc
Gross
16
Colan1uono.
420
l7
18
l9
20
21
22
23
24
25
26
27
28
6
l'N SUPPORT OF MOTION FOR MANDATORY TRANSFER OF VENUE
1842214
PROOF OF SERVICE
City ofHangoon Bay v. Granada Community Sewices District, et a1.
San Mateo County Supen'or Court Case. 17 CIV O3 092
I am employed in the County ofNevada, State of California. I am over the age of 18 and not
a party to the within action. My business addrws is 420 Sierra College Drive, Suite 140, Grass
Valley, California 95945-5091. On September 12, 2017, 1 served the document(s) described as
CITY 0F HALF MOON BAY’S REPLY 1N SUPPORT OF MOTION FOR MANDATORY
TRANSFER 0F VENUE 0n the interested parties in this action addressed as follows:
SEE ATTACHED LIST

k
—E BY OVERNIGHT DELIVERY. I deposited such envelope 1n a facility regularly
10 maintained by FEDERAL EXPRESS with delivery fees fillly provided for or delivered the
PC
envelope t0 a courier or driver of E
FEDERAL EXPRESS authonzed t0 receive documents at
I] 420 Sierra College Drive, Suite 140, Grass Valley, California 95945, with delivery fees fully
140
provided for.
Whailey.
12
BY E-MAIL 0R ELECTRONIC TRANSMISSION:

SUIIE
95946-7356
Based on a court order or an
13
8n
Drive,
agreement 0f the parties to accept service by e-mail or electronic transmission, by causing the
documents to be sent to the persons at the e—mail addresses listed 0n the service list on
CA l4
nghsmnh
September 12 2017 fiom e—mai] address: PGraham@chwlaw.us No electronic message 0r other
College
Volley.
15 indication that the transmission was unsuccessful was received within a reasonable time after the
transmission
Sierra
Gloss
16 I declare under penalty of peljufy under the laws ofthe State 0f California that the above is
Colaniuono,
true and correct.
420
17
Executedon September 12, 2017, at Grass Val] California.

18 r
>19
\V \
20 Ashley A. Lloyd
21
U /
22
23
24
26
27
28
REPLY IN SUPPORT OF MOTION FOR MANDATORY TRANSFER OF VENUE

l84227.4
.
.mp1».
PROOF 0F SERVICE
City ofHaIfMoon Bay v. Granada Community Services District, e! al.
Jonathan Wittwer David E. Schricker

William P. Parkjn Law Ofiice ofDavid E. Schricker
Nicholas Whipps 563 South Mquhy Avenue
Mttwer Parkin LLP Sunnyvale, CA 94086
147 River Street South, Suite 221 Telephone: (408) 517—9923
Telephone: (831) 429-4055 Email: dschricker@schricker1aw.com
Facsimile: (33 I) 429-4057 Attorneys for Defendant
Email: jonathan@wittwerparkin.com Montara Water and Sam'zary District
Email: Wparldn@withverparkin.com
Email: nwhjpps@wittwexparkin.com
10
PC
11
MO
Whauey. 12
SUITE
95945-7356
Christine C. Fitzgerald Charles RA. Nelson
8t
Dllve.
13 Fingerald Law Ofices Bold, Polisner, Maddow, Nelson & Judson
14
nghsmllh
CA
Burlingamc, CA 9401 0 Walnut Creek, _CA 94598
College
Telephone: (650) 348-5 195 Telephone: (925) 933—7777
Va1ley.
15
Facsimile: (650) 239—1207 Facsimile: (925) 933—7804
Slerra
Gross
l6 Email: fitzgeraldlaw@sbcglobal.net Email: cnelson@bpmnj .com
Colantuono. Attorneysfor Defendant Attorneysfor Real Party in Interest
420
17 Montara Water and Sanitary District Sewer Authority Mid—Coastline
18
19
Courtesy Copy via Email:
Anthony P. Condotti, City Attorney
20 City 0f HalfMoon Bay
Atchison, Barisone, Condotti & Kovacevich
21 333 Church Street
22
Telephone: (83 1) 423-8383
23
Facsimile: (83 1) 423—9401
Email: TCondotti@abc-Iaw.com
24 Attorneysfor Plainttfi"
City ofHalfMoon Bay
25
26
27
28
2
REPLY IN SUPPORT 0F MOTION FOR MANDATORY TRANSFER OF VENUE
l 84127.4
C“q~
LM
pa
CARL PA. NELSON (cnélsofiiagbpmni.cum) SEN]7%515;
EW
EL EQN MATLEU COUN
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._
"
TIMOTHY J. RYAN (n yan@bgmnj com) SBN 83

b3
CRAIGL. JUDSON (c iudsonl'cdbpmni. com1) SBN 114926 .
.
SEP 0 6 2017
SHARON M. NAGLE (snagicc(aszmni; com1) SBN YEW] ZEI— —3 A
LU
Bold, Polisner, Maddow, Nelson & Judson [0 us
,
_S ,
ECO”
43
5
CLEPK 0F THE C Tb .
i i7“;
m-
O SUPERlOR COURT '-
Io
-
'7".
'
Walnut Creek, CA 94598 "7.

A UNTY OF SMNTA CLARA
til
(925) 933-7777 — Telephone

(925) 933-7804 — Facsimile
-
Q95
‘9. /
Wm“ UEPUTTY
Ch
/ _ CW _ 03m
Attorneys for Real Party In Interest Sewer Authority Mid—Coastside E1
\J
Juinder
J
697457
OO
VD
SUPERIOR COURT 0F CALIFORNIA ‘ IEE?EHEHELEllfilfllmflmfiéIllEH
C:
F“
bJ
CITY OF HALF
corporation,
' I
MOON BAY, a municipal )
)
Case N0. mm
PARTIAL JOINDER IN
Plamtlff,
) OPPOSITION T0 PLAINTIFF
mo
)
HALF MOON BAY’S MOTION
VS-
) FOR TRANSFER 0F VENUE
J)
) FILED BY DEFENDANT
GRANADA COMMUNITY SERVICES ) GRANADA COMMUNITY
SCANNED Ln DISTRICT and MONTARA WATER AND SERVICES DISTRICT
)
SANITARY DISTRICT, )
Ch
)
Complaint Filed July 11, 2017
Defendants- (Asmgned t0 Hon. Robert Foiles, D. 21 5
\J )
and Hearing Date Sept. 19, 2017

00 3
~
Time: 9:00 am.
)
NMMNNMMMNHH~HHH»--—~
VD
SEWER AUTHORITY MlD-COASTSIDE )
Dept. 16 (Law & Mtn.)
)
CD
Real P my In Interest )
[Exempt from filing fees]
(Gov. Code. §6103)
)
hi
NOTICE IS HEREBY GIVEN that SEWER AUTHORITY MID-COASTSIDE joins in

[\J
the Opposition to the Plaintiff‘s Motion for Transfer of Venue, to the gxtent that it saeks, in lieu
b0
of transfer, that this case be tried in this County by a disinterested judge assigned from a neutral
4k
county, or that it be sent to be sent t0 Contra Costa County rather than Sacramento County.
kil
Dated: August 5, 2017

Ch
t
BOLD, POLISNER, MADDOW, NELSON & JUDSON
(MM
NJ
00 (Mm
Carl P.A. Nelson, Attorneys for Real Party In' Interest
l PARTIAL JOINDER TN OPPOSITION
To Plaintiff‘s Motion to Change an'uc
PROOF OF SERVICE
I, the undersigned, hereby declare that I am over the age of eighteen years and not a party
ALAN to the within action. My business address i5 2125 Oak Grove Road, Suite 210, Walnut Creek,
California, 94598.
On the date indicated below, I served the within
PARTIAL JOINDER IN OPPOSITION TO PLAINTIFF HALF MOON BAY’S MOTION FOR

TRANSFER OF VENUE FILED BY DEFENDANT GRANADA COMMUNITY SERVICES
\IONM
DISTRICT
upon the following at the address(es) stated below:

>
' - V
Anthony P. Condotti Attorneys for Plaintiff, City of Half Moén Bay

Atchinson, Barisone, Condotti & Kovaccvich Tel: 831423-8383 / Fax: 83 1—423-9401
10 333 Church Street Email: Acondotti@ABC-qu.com
11
12
Michael G. Colantuono/ Pamela K. Graham Attorneys for of Half Moon Bay
Plaintiff, City
Eduardo Jansen A
Tel: 530-432-7357 / Fax: 530-432-7356
13
Colantuono, Highsmith & Whatley, PC Email: MColantuono@chwlaw.us
14 420 Sierra Vollege Drive, Suite 140 Email: PGraham@chwlaw.us
Grass Valley, CA 95945-5091 Email: EJanscn@chwlaw.us
15
16
Jonathan Wittwer/ William Parkin Attorney for Defendant Granada Community
17 Nicholas Whipps Services District

Wittwer Parkin LLP Tel: 83 1 429-405 5 / Fax: 83 1-429-4057
18 147 S. River Street, Suite 221 Email: jonathan@wittwerparkin.com
Santa Cruz, CA 95060 Email: wparkin@wittwerparkin.com
19 Email: nwhipps@witterparkin.com
20
2] David E. Schricker Attorney for Defendant Montara Water and

Law Office 0f David E. Schricker Sanitary District
22 563 S. Murphy Avenue -
Tel: 4086119923 / Fax: 408-900-8225

Sunnyvale, CA 94086 Email: dschricker@schrickerlaw.com
23
24
x By UNITED STATES MAIL, I enclosed the documents in a scaled envelope or package
addressed to the persons at the addresses listed above and placing thc envelope for collection and
25 mailing, following our ordinary business practices. I am readily familiar with this business’s
practice for collecting the processing correspondence for mailing. On the same day that
26 correspondence is placed for collection and mailing, it is deposited in the ordinary course of
business with the United States Postal Service, in a sealed envelope with postage fully prepaid.
27*
28 By OVERN IGHT DEIVERY, .I enclosed the documents in a sealed envelope or package

provided by the overnight delivery canier and addressed to the persons at the addresses listed
PROOF OF SERVICE
above. I am readily familiar with this business’s practice for collecting the processing
correspondence for overnight delivery. And, on the same day I placed the enveIOpe 0r package for
collection and overnight delivery a1 an office or a regularly utilized drop box of the overnight
delivery carrier.
BY CM/ECF ELECTRONIC SERVICE, I electronically filed the foregoing with the Clerk
0f Court using the CM/ECF system which will automatically send email notification of such
filing to the email addresses listed above.
\DOOQONUI-fiww—
V
X By ELECTRONIC TRANSMISSION I transmitted a PDF version of this document by
Electronic mail to the paws) idefidfied above.
foregoing is true and correct, and that this declaration was executed on September 6, 2017, at
Walnut Creek, California.
ABMWWMV‘Q
Shanfion Wurth
MNH—u—nu—nt—np—np—Iu—t—ov—I
HOOOO‘JO‘M-hUJNHO
22
23
24
25
26
27
28
2
PROOF OF SERVICE
DAVID SCHRICKER, #36534
FI LEE
FMATEO COUNTY
LAW
E.
OFFICE OF DAVID E. SCHRICKER EEEEBAN SEP 0 6 207
Sunnyvale,CA 94036 20!? {JCT -3
Telephone: (408) 517-9923
A [memo 13, s fiorCourt
CL'ER
Facsimile: (408) 900-8225
HCOUW
HE
"upsmoa cow;
dschficker@schrickerlaw.com O
oFsmrigfiav 311 8 92 7
CHRISTINE C. FITZGERALD #l3 531 17— cw oaugzDVT
OGOOQQLh-bmmfl
FITZGERALD LAW OFFICES a A
3mm
A PROFESSIONAL CORPORATION 697472
Burlingame, CA 940 10 I nummmmnmumI»

Telephone: (650) 348 - 5195
Facsimie :(650) 239- I207
fitzocraldlaw@sbcglobal. nct
To Government Code Section 61 03
Attorneys For Defendant and Cross Complainant

SCANNED

CITY OF HALF
corporation,
MOON BAY, a municipal Case Nam
NNNNMMNNNu—n—u—a—np—tn—Ap—au—‘u—u—u
Plaintiff, DISTRICT’S STATEMENT OF JOINDER
AND INCORPORATION BY REFERENCE
v. OF GRANADA COMMUNITY SERVICES
TO PLAINTIFF’S
DISTRICT’S OPPOSITION
GRANADA COMMUNITY SERVICES MOTION FOR TRANSFER OF VENUE
OOxlom-Dwmflowm‘JONLh-AWMH
SANITARY DISTRICT;
Defendants, BY FAX
and

Real Party in In’tcrest.

Cross-Complainant,
MWSD’S STATEMENT OF JOINDER AND INCORPORATION BY REFERENCE I7 CIV 03092

v.

Cross-Defendant,
and
GRANADA—COMMUNITY SERVICES
DISTRICT; SEWER AUTHORITY MID—
\OOONJONMAUJNp—n
COASTSIDE,
Real Parties in Interest.
Defendant and Cross-COmpJainant Montara Water and Sanitary District hereby joins in
5—-
O
Defendant and Cross—Complainant Granada Community Services District’s (“GCSD”) Opposition to
v—t '—‘
Plaintiff’s Motion to Transfer Venue and incorporaies by reference all factual evidence and legal
>—-
N
L»)
arguments put forth by GCSD in this matter.
»—-
DATEnglé g2 .
(Z 2017 FITZGERALD LAW OFFICES
1—-
g ,
r—n
9'1
v_- C\
H
x]
. ._. ,4,
t_- DO
Attorneys for D (omplainant
Montara Water & Sanitary District
h—n
w
NO
N P—‘
NN
N UJ
N J2-
N U'I
N‘
Q
N *4
N 00
MWSD’S STATEMENT OF JOINDER AND INCORPORATION BY REFERENCE l7 CIV 03092

ERVICE-
I declare that I am employed in the County of San Mateo. California. I am over the age of
eighteen years and not a party to this action. My business address is 345 Lonon Avenue, Suite
301 , Burlingamc, Célifornia, 94010. On September 6, l7, I served the within:
MONTARA WATER AND SANITARY DISTRICT’S STATEMENT OF JOINDER AND

INCORPORATION BY REFERENCE OF GRANADA COMMUNITY SERVICES
DISTRICT’S OPPOSITION TO PLAINTIFF’S MOTION FOR TRANSFER OF VENUE
DISTRICT AND MONTARA WATER AND‘SANITARY DISTRICT
San Mateo County Superior Court Case No. I 7CIV03092
0n the interested parties in said cause as indicated below:
[ ] (BY PERSONAL SERVICE) I caused a copy of said pleading(s) t0 b6 hand delivered

[ ] (BY FACSIMILE) 1 caused a copy 0f said pleading(s) to be sent via facsimile

transmission to the interested parties at.
[ ] (BY FEDERAL EXPRESS MAIL) caused I a copy 0f said pleading(s) to be sent

addresses:
Anthony P. Condotti Carl PA. Nelson

Atchison, Barisone Condotti, & APC Bold, Polisner, Maddow, Nelson &
P.O. Box 481 Judson
Santa Cruz, California 95061 2125 Oak Grove Road, Suite 21 0
Pamela K. Graham Jonathan Wittwer
Eduardo Jansen William P. Parkin
Colantuono, Highsmith & Whatley, PC Nicholas Whipps
420 Sierra College Drive, Suite 140 Wittwer Parkin LLP
Grass Valley, California 959456091 147 S. River Street, Suite 22]
Dated: September 6, 17
00mm kmmm 09
COLLEEN c FIszERM D
Jonathan Wittwer,
William
SBN 058665
SBN 139718
P. Parkin,
EELED
SAN MATEO coum’y
WITTWER PARKIN LLP 2817 0C1 -3 A 10: 32
Santa Cruz, CA
95060
Telephone: (83 1) 429-4055
Facsimile: (831) 429-4057
jonathan@wittwerparkin.com
\DOOQON‘JI-h
nwhipps@wittwerparkin.com
1'70V316927
GRANADA COMMUNITY SERVICES Exemptfrom Filing Fees Pursuant t0
10
11
12
13
14
CITY OF HALF
corporation,
MOON BAY, a municipal Case Nam
15 Plaintiff, AMENDED PROOF OF SERVICE

16
vs.
17
DISTRICT and
19
Defendants,
20
21 SEWER AUTHORITY MLD-COASTSIDE,

22
23
24
SCANNED GRANADA COMMUNITY SERVICES
25 DISTRICT,
,
27
VS.
23
CITY OF HALF MOON BAY? a municipal
corporation,
N
Cross—Defendant,
SEWER AUTHORITY MlD-COASTSIDE,
\OOO‘QONUI-bw
PROOF OF SERVICE
10 I certify and declare as follows:
11 I am over the age 0f 18, and not a party to this action. My business address is 147 S.
River Street, Suite 221 Santa Cruz,
,
CA 95060, which is located in Santa Cruz County.
12
13
On September 5, 2017, I caused the following document(s) entitled:
14
1. GRANADA COMMUNITY SERVICES DISTRICT’S ANSWER TO
15 COMPLAINT
16
2. GRANADA COMMUNITY SERVICES DISTRICT’S CROSS—
COMPLAINT
17
18 t0 be served on the party(ies) or its (their) attomey(s) of record in this action listed below by the
following means:
19
‘
20 BY MAIL. By placing each envelope (with postage affixed thereto) in the U.S. Mail
at the law offices 0f WITTWER PARKIN LLP, 147 S. River Street, Suite 221, Santa
for collection and processing 0f correspondence for mailing with the U.S. Postal
22 would be deposited
Service, and in the ordinary course 0f business, correspondence
with the U. S. Postal Service the same day it was placed for collection and
23
processing.
24
BY HAND-DELIVERY. By causing a true copy thereof, enclosed in a sealed
25 envelope, to be delivered by hand t0 the address(es) shown below.
26 BY OVERNIGHT DELIVERY. By placing with the U.S. Postal Service for

overnight delivery a true copy thereof, enclosed in a sealed envelope, with delivery
27 charges paid by WITTWER PARKTN LLP, addressed as shown below.
23
BY FACSIMILE TRANSMISSION. By transmitting a true copy thereofby
facsimile transmission from facsimile number (83 1) 429-4057 t0 the interested
party(ies) or their attomey(s) of record to said action at the facsimile number(s)

shown below.
BY ELECTRONIC MAIL. By transmitting a true copy thereofby electronic mail

from e-mail address ddowning®wittwerparkimcom to the interested party(ies) or
X
their attomey(s) 0f record to said action at the electronic mail address(es) shown
below.
000-40
Anthony P. Condotti David E. Schricker

Atchison, Barisoue & Condotti Law Offices of David E. Schricker
333 Church Street 563 South Murphy Avenue

CA 95060
Santa Cruz, Sunnyvale, CA 94086
1o ACONDOTTI@ABC-LAW.COM dschricker@schrickerlaw.com
11
Michael G. Colantuono Christine C. Fitzgerald
Pamela K. Graham Fitzgerald Law Offices
12
Eduardo Jansen 345 Lorton Avenue, Suite 301
13 Colantuono, Highsmith & Whatley Burlingame, CA 94010
420 Sierra College Drive, Suite 140 fitzgeraldlaw@sbcglobal.net
14 Grass Valley, CA 95945-509]
MColantuono@chwlaw.us Carl Nelson
15
PGraham@chwlaw.us Bold, Polisner, Maddow, Nelson & Judson
16 Elansen@chwlaw.us 2125 Oak Grove Road, Suite 210

17 cnelson@bpmnj.com
18
19
I and declare under penalty 0f perjury under the laws 0fthe State ofCalifomia
certify
that the foregoing is hue and correct.
21
22
Dated: September 6, 201 7
23 Debbie Downing
24
26
27
28
EFiEIEJEEEEZE
William P. Parkin, SBN 139718 20H [JCT -3 A [0: 14L!

EEK)
SAN MATEO COUNTY
WITTWER PARKIN LLP
Santa Cruz, CA 95060 <BY___
QQU‘IAUJN
Telephone: (831) 429-4055

Facsimile: (831) 429—4057
jonathan@wittwexparkin.com
W Attorneys for Cross Complainant


1v0v3169g7
CITY OF HALF MOON BAY, a municipal Case N0.>—14€I-Vfi§692
Plaintiff, PROOF 0F SERVICE

BY FAX
vs.

MONTARA WATER AND
DISTRICT and
Defendants,
.GENNVOS
r1" “39;. ‘1‘
wha;

/ V/fl'féfféi
Real Party in Interest. /,/?//’///'//

DISTRICT,
VS.
corporation,
Cross-Defendant,
LIIhUJN
\10
PROOF OF SERVICE
10 I certify and declare as follows:
11 I am over the age of 18, and not a party t0 this action. My business address is 147 S.
River Street, Suite 221, Santa Cruz, CA 95060, which is located in Santa Cruz County.
12
13
On September 5, 2017, I caused the following document(s) entitled:
14 -
1. GRANADA COMMUNITY SERVICES DISTRICT’S ANSWER TO

15 CONIPLAINT
16 2. GRANADA COMMUNITY SERVICES DISTRICT’S CROSS-
CONIPLAINT
17
18
t0 be served 0n the party(ies) 0r its (their) attorney(s) ofrecord in this action listed below by the
following means:
19
20 BY MAIL. By placing each envelope (with postage affixed thereto) in the U.S. Mail
at the law offices of WITTWER PARKIN LLP, 147 S. River Street, Suite 221, Santa
for collectionand processing of correspondence for mailing with the U.S. Postal
22 Service, and in the ordinary course of business, correspondence would be deposited
with the U. S. Postal Service the same day it was placed for collection and
23
processing.
24
BY HAND-DELIVERY. By causing a true copy thereof, enclosed in a sealed
‘
25 envelope, to be delivered by hand to the address(es) shown below,
26 BY OVERNIGHT DELIVERY. By placing with the U.S. Postal Service for

X overnight delivery a true copy thereof, enclosed in a sealed envelope, with delivery
27 charges paid by WITTWER PARKIN LLP, addressed as shown below.
28
BY FACSIMILE TRANSMISSION. By transmitting a true COpy thereof by.
facsimile transmission from facsimile number (83 l) 429-4057 to the interested
party(ies) or their attomey(s) 0f record to said action at the facsimile number(s)

sho‘Wn below.
BY ELECTRONIC MAIL. By transmitting a true copy t'h‘ereofb'y ele‘ctrbnic mail

frome-mai] address ddowning(mwittweroarkimcom to the interested partyfies) or
X
theiri attomey(s) of record to said action at the electronic mail address(es) shown.
below.
Anthony PL Condgtti David E.- Schricker

Atchison, Barisone & Condotti Law Offices ofDavidE. Schn'cker
.333 Church Street 563 South Murphy Avenue
Smmyvaie, CA. 94086
AC ONDOTTI@AB C—LAWCOM dschricker@schrickerluw.’com
Michael G. ’Coian‘tflono Christine C. Fitzgeral

Pamela K. Graham FitzgeraldLaw Offices V
Eduardo Jansen 345 Lorton Avenue, Suite 301

Colantuono, Highsmith & Whatley Burlingame, CA 94010
420 Sierra College Drive, Suite 140 fitzgeraldlaw@5bcg’lobal‘met
'
Grass Valley, .CA 95945-509 l
MColantuon0@chwlaw.us Carl Nelson

PGraham@chwlaw.us Bold, Polisner, Maddowaelson & Judson
EJansen@chwlaw.us 21225 Oak Grove Road, Suite 210
cnelson@bpgmnj .cOm
I certify and declare‘mlder penalty ofpeljury under the laws ofthe State of California
that the foregoing is true and correct.
Dated: September- 5, 2017
D ebbie Downing \
Nicholas Whipps, SBN 306865 1m? DU 3 A \g uu FELED
emmeo comm
WITTWER PARKIN LLP THE comm
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147 S. River Street, Suite 221 Stiggflcou SEP — 5 2017
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Santa Cruz, CA 95060 pow, TY f
J‘i‘.’
cfemoflh 9 I
9'19" Court
Telephone: (831) 429—4055 BY
Facsimile: (83 1) 429-4057
jor1athan@wittwerparkin.com
WWNONUI

-’
10
SUPERIOR COURT OF THE STATE OF CALEORNIA
GENNVOS 11
12
1vcv31692?
,
13
14
CITY OF HALF
corporation,
MOON BAY, a municipal Case No.: WQ—
Unlimited Jurisdicrion
15 Plaintiff, GRANADA CONIMUNITY SERVICES

DISTRICT'S ANSWER TO CONLPLAINT
16
vs.
17
GRANADA COMMUNITY SERVICES IY FAX
18 DISTRICT and MONTARA WATER AND
19
Defendants,
20
21 SEWER AUTHORITY MlD-COASTSIDE,

22
Real Party in Interest. .L M
“$0“
23
24
25 DISTRICT,
27
V5.
28
Granada Community Services District’s Answer to Complaint

1
corporation,
#DJ
Cross—Defendant,
\DOO‘QON
Defendant Granada Community Services District (“GCSD”) answers the Complaint for
10
Declaratory Relief (“Complaint”), filed on July ll, 2017, and acknowledged to be served on
11
August 3, 2017, by the City of HalfMoon Bay (“City”) as follows:
12
13
CONTROVERTING MATTERS
14
1. Answering paragraph 1, GCSD admits and affirmatively alleges that the City,
15
GCSD and Montara Water and Sanitary District (“MWSD”) formed the Sewer Authority Mid-
16
Coastside (the “Authority” or “SAM”) pursuant to a Joint Exercise of Powers Agreement
17
(“IPA”) in 1976 t0 construct, own and operate a regional wastewater collection, transmission,
18
treatment, and disposal system. Except as expressly admitted, GCSD denies, generally and
19
specifically, each and every allegation in paragraph 1.
20
2. Answering paragraphs 2 through 5, GCSD denies, generally and specifically, each
~
21
and every allegation stated therein.
22
3. Answering paragraph 6, the allegations stated therein are legal contentions for
23
which no response is required. Answering any purported allegations 0f fact, GCSD denies,
24
generally and specifically, each and every allegation therein.
25
4. Answering paragraphs 7 through 8, GCSD alleges that it lacks sufficient
26
information or belief as to the matters stated therein sufficient to answer the allegations and,
27
basing its denial on that ground, denies, generally and specifically, each and every allegation
28
Granada Commum‘ly Services District’s Answer t0 Complaint

2
stated therein.
5. Answering paragraph 9, GCSD denies, generally and specifically, each and every
allegation stated therein, including, but not limited to the allegation that it was known as the
Granada Sanitary “Agency” when the JPA was executed in 1976, and affirmatively alleges that
\DOOQOKUI¥UJNp—t
GCSD was known as the Granada Sanitary District when the JPA was executed in 1976, and
was reorganized effective October 1, 2014 into the Granada Community Services District, a
local agency operating under the Community Services District Law, Government Code section
61 000 et seq.
6. Answering paragraph 10, GCSD admits that SAM is a public entity created by the
JPA among the City, MWSD and GCSD. GCSD further admits SAM was created pursuant t0
the Joint Exercise ofPowers Act. Except as expressly admitted, GCSD denies, generally and
specifically, each and every allegation in paragraph 10.
which no response is required. Answering any purported allegations 0f fact in paragraph 11,
GCSD denies, generally and specifically, each and every allegation stated therein.
8. Answering paragraph 12, GCSD admits that GCSD is situated in the County of
San Mateo. Except as expressly admitted, GCSD alleges that it lacks sufficient infomation or
NNNNNNNNNHr—Ir—‘r—u—‘Hb—‘WHH
belief as to the allegations stated in paragraph 12 to answer the allegations and, basing its denial
on that ground, denies, generally and specifically, each and every allegation in paragraph 12.
”\lo‘hL/‘IbbJN—‘OKOW‘JCXLJIfiLDNHO
which no reSponse is required. Answering any purported allegations of fact in paragraph 13,
10. Answering paragraph 14, GCSD admits the City, MWSD and GCSD entered into
the JPA to create the Authority (SAM) on 0r about February 3, 1976. Except as expressly
admitted, GCSD denies, generally and specifically, each and every allegation in paragraph 14.
11. Answering paragraphs 15 through 18, GCSD denies, generally and Specifically,
each and every allegation stated therein, including, but not limited to, the argumentative
emphasis and the unnumbéred heading.
Granada Community Services District ’s Answer to Complaint

3
12. Answering paragraph 19, GCSD admits and affirmatively alleges that under the
JPA, a Member Agency’s share of the Authority's General Budget (as Opposed t0 “general fund”
as that term is used in paragraph 19) for maintenance and repair is based on its share 0f flows to
Ln-hLQN
the Authority's plant (Complaint, Exhibit B, Section IV, para. (B)(4)), and that based on its
flows, the City is rBSponsiblc for slightly more than half of the Authority's General Budget
(again, as opposed to “general fund” as that term is used in paragraph 19). Except as expressly
admitted and affirmatively alleged, GCSD denies, generally and specifically, each and every
\OOOQON
allegation in paragraph 19.
13. Answering paragraph 20, GCSD denies, generally and Specifically, each and
10 every allegation stated therein, including, but not limited to, the unnumbered heading.
11 I4. Answering paragraph 21, the allegations in paragraph 21 seek to characterize the
12 contents of the JPA by argumentative emphasis and are legal contentions, for which no rCSponse
13 is required. The JPA speaks for itself. Answering any purponed allegations of fact in paragraph
14 21, GCSD denies, generally and specifically, each and every allegation.
15 15. Answering paragraph 22, the allegations in paragfaph 22 seek to characterize the
16 contents 0f the JPA by argumentative emphasis and are legal contentions, for which n0 response
17 is required. The JPA speaks for itself. Answering any purported allegations of fact in paragraph
18 22, GCSD denies, generally and specifically, each andevery allegation.
19 16. Answering paragraph 23, the allegations stated therein are legal contentions for
20 which no response is required. Answering any purported allegations of fact in paragraph 23,
21 GCSD denies, generally and specifically, each and every allegation stated therein.
23 which no reSponse is required. Answering any purported allegations of fact in paragraph 24,
24 GCSD denies, generally and specifically, each and every allegation stated therein.
26 which no reSponse is required. Answering any purported allegations of fact in paragraph 25,
27 GCSD denies, generally and Specifically, each and every allegation stated therein.
28 I9. Answering paragraph 26, the allegations stated therein are legal contentions for
Granada Community Services District 's Answer to Complain!

4
which n0 response is required. Answering any purported allegations 0f fact in paragraph 26,
GCSD denies, generally and specifically, each and every allegation stated therein, including, but
not limited to, the unnumbered heading.
which no response is required. Answering any purported allegations of fact in paragraph 27,
\ooosqampme
21. Answering paragraph 28, GCSD incorporates by reference its answers to
paragraphs 1 through 20, as if fully set forth herein.
22. Answering paragraph 29, GCSD denies, generally and specifically, each and
every allegation stated therein.
23. Answering paragraph 30, GCSD denies, generally and specifically, each and
24. Answering paragraph 31, the allegations in paragraph 31 seek to characterize the
contents of public records, which speak for themselves. Answering any purported allegations of
fact in paragraph 31, GCSD denies, generally and specifically, each and every allegation.
25. Answering paragraph 32, the allegations in paragraph 32 seek to characterize the
contents 0f public records, which Speak for themselves. Answering any purported allegations of
NNNNNNNva—‘Hh—a—I—ar—nu—np—AHH
fact in paragraph 32, GCSD denies, generally and specifically, each and every allegation.
GCSD denies,
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26. Answering paragraph 33, generally and specifically, each and
27. Answering paragraphs 34 through 35, the allegations stated therein are legal
contentions for which n0 response is required. Answering any purported allegations 0f fact in
paragraph 34, GCSD denies, generally and specifically, each and every allegation stated therein.
AFFIRMATIVE DEFENSES
First Affirmative Defense
AS FOR A FIRST AND SEPARATE AFFIRMATIVE DEFENSE, GCSD alleges that
the Complaint, in its entirety, and any purported cause of action set forth therein, fails to state
Granada Community Services District 'S Answer 1‘0 Complaint

5
2. that the City's requested declaratory relief be denied;
ix)‘
3. that the Cour‘t award GCSD costs, attorneys’ fees, and related expenses; and
L»)
4. that the Court grant such other such relief as the Court dccmsjust and proper.
.5.
L11
DATED: September S, 2017 WITTWER PARKIN LLP
O\
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Bytfl’WWJ/m/O—x‘
00 Jonathan Wittwer
'
Attomcys for Defendant

O GRANADA COMJVIUNITY SERVICES
DISTRICT
O
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HOROOONJOKJIJLUJN—
Granada Community Sewices District 's

Answer I0 Complain!
7
William P. Parkin, SBN 13971 8
WITTWER PARKIN LLP 2m] 0U _‘3 Asflnfifiocwm
ED
Santa Cruz, CA
95060 (HEBKOOF?HECdfl%$"5 20W
RCOUR CA
Telephone: (831) 429-4055 SAN} OF.
Facsimile: (831) 429-4057 .EP
OBNNVQS
jonathan@wittwcrparkin.com
Wparkin@wittwerparkin.c0m

GRANADA COMMUNITY SERVICES Exemptfrom Filing Fees Pursuant t0

iwcv316927
CITY OF HALF
corporation,
MOON BAY, a municipal Case Noam
Plaintiff, GRANADA COMIVIUNITY SERVICES

DISTRICT'S CROSS-COMPLAINT
vs.
GRANADA COMMUNITY SERVICES BY FAX

Defendants,

f
Real Party in Interest. HE::R\‘RH
Lcrp *
CW s: r,
:2.
6“ A ,
{5

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DISTRICT,
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Cross-Complainant,
VS.
Granada Community Services District 's Cross-Complaint

corporation,
Jhww
Cross-Dcfendant,
\DOONJONUI
10 Cross—Complainant Granada Community Services District (“GCSD”), in filing this
11 Cross-Complaint for Declaratory Relief, alleges as follows:
12
13 INTRODUCTION
14 1. GCSD brings this cross—complaint seeking a declaration from this Court that the
City ofHalf Moon

‘it
15 Bay (“City”) remains bound to the terms of a contract into which
16 voluntarily entered and now unjustifiably seeks t0 avoid.
17 2. The Sewer Authority Mid—Coastside (“SAM”) is a Joint Powers Authority
18 operating in the County 0f San Mateo and serving the Mid-coastside wastewater generators in
19 the Half Moon Bay, E1 Granada and Montara areas. SAM operates one consolidated sewer, 0r
20 wastewater, system. GCSD, Montara Water and Sanitary District (“MWSD”), and the City
21 comprise the voting Member Agencies 0f SAM.
22 3. The Member Agencies created SAM in 1976 under the Joint Exercise 0f Powers
23 Act, Government Code § 6500 et seq. On February 3, 1976, the Member Agencies entered into
24 the first version 0f the Joint Exercise of Powers Agreement (“JPA” or “Agreement”) in the spirit
25 0f mutual benefit, cooperation and compromise. The Agreement, including subsequent
26 amendments thereto, contractually binds, each Member Agency to its terms.
27 4. SAM sought and obtained federal and state funding t0 construct, own and operate
28 an interconnected wastewater system, comprised of the following components: the SAM Intertie

2 ¥
‘n‘l
Pipeline System (“SAM IPS”) serving the Member Agencies; the SAM wastewater treatment
plant; and an associated SAM ocean outfall pipeline for the SAM wastewater treatment plant
#UJN
(collectively, “SAM Sewer System”). All Member Agencies are responsible for the wastewater
collection systems within their respective jurisdictions, and subsequently transmit this
wastewater t0 the SAM IPS collection and transmission system t0 be treated at the wastewater
treatment plant. Treated effluent is then discharged through the ocean outfall. As a single,
\DOO‘leLh
consolidated wastewater system, all Member Agencies utilize and benefit from each system
component. The Member Agencies created SAM with this primary concept and goal in mind.
5. In June 2017, after nearly four decades 0f continual operation, the City decided
10 that work on segments of the SAM IPS component 0f the SAM Sewer System had transformed
11 into a “new project,” although the SAM IPS has not changed in shape, size, or capacity. In a
12 reversal 0f its decades—long practice and in violation 0fthe binding terms 0fthe IPA, the City has
13 now taken the position that it is no longer responsible to fund work performed op the SAM IPS,
14 insisting that the other SAM Member Agencies must now shoulder the City’s portion of this
I
15 burden.
16 6. The City cemented its position to no longer fund SAM IPS work by refusing to
17 approve the 2017-2018 SAM General Budget as it was submitted to each Member Agency. This
18 created an unnecessary funding crisis. Contrary to the City’s current legal position, it remains
19 liable for and responsible to fund past, present and future work on the SAM [P8, a component of
20 the consolidated SAM Sewer System a1] Member Agencies successfully created, and have
21 collectively maintained for nearly four decades.
22 7. Although the City contends in its Complaint for Declaratory Relief that it seeks
23 this Court’s assistance in interpreting the IPA, in truth the City now seeks to re-write this
24 foundational document in an attempt to avoid its binding terms. In this context, GCSD brings
25 suit to seek an affirmative ruling from this Court that the City continues to share responsibility
26 for the SAM IPS, as all Member Agencies agreed in choosing a consolidated SAM Sewer
27 System with federal and state funding rather than utilizing the then—existing three separate
28 treatment facilities 0r siting the consolidated SAM treatment plant in E1 Granada or Montara.

3
PARTIES
8. GCSD hereby incorporates by reference paragraphs 1 through 7 as if fully set
m-bwlu
forth herein.
9. Cross-Complainant GRANADA COMMUNITY SERVICES DISTRICT is a

public agency originally duly organized in 1958 under the Sanitary District Law of 1923, Health
and Safety Code section 6400, et. seq., and now existing as reorganized under the Community
OWOO‘QO
Services District Law, Government Code section 61000 et seq., with its principal office in E1
Granada, in the County of San Mateo, California.
10. Cross—Defendant CITY OF HALF MOON BAY is a city located in the County of
San Mateo, California.
12 11. Real Party in Interest SEWER AUTHORITY MID-COASTSIDE is and was, at

13 all relevant times herein, ajoint powers authority organized under the Joint Exercise of Powers
I4 Act, Government Code §6500 er seq., and created by its Member Agencies now known as the
15 CITY 0F HALF MOON BAY, GRANADA COMMUNITY SERVICES DISTRICT, and

16 MONTARA WATER AND SANITARY DISTRICT, pursuant to the February 3, 1976 JPA, as
17 revised by Amendments 1 through 8. The principal office of the SEWER AUTHORITY MID-
18 COASTSDDE is located in the CITY OF HALF MOON BAY, within the County of San Mateo,
19 California.
20
21 JURISDICTION AND VENUE

22 12. GCSD hereby incorporates paragraphs 1 through 11 as if fully set forth herein.
23 13. Jurisdiction 0fthis Court is invoked pursuant to California Code of Civil
24 Procedure § 1060 et seq. because GCSD seeks a declaration from this Court regarding the rights
25 and duties of the City and GCSD as Member Agencies to the IPA.
26 14. Venue for this action properly lies in the County of San Mateo Superior Court
27 because the City, GCSD, MWSD and SAM arc located in this County, and most, if not all acts
28 leading to this lawsuit occurred in this County.
Granada Community Services District ’s Cross-Complaint

4
STATEMENT OF FACTS
JibJN
15. GCSD hereby incorporates paragraphs 1 through 14 as if fully set forth herein.
16. GCSD, MWSD and the City formed SAM on February 3, 1976 by entering into
the JPA. The Member Agencies desired to form SAM to create “a single representative
organization” tasked with “developing a joint waste collection, transmission, treatment[,]
OWOONONUI
disposal and management plan . . . capable of acquiring, constructing, maintaining,
managing, operating and controlling facilities for the joint collection, transmission,
treatment and disposal 0f wastewater” within the HalfMoon Bay water basin. (IPA preamble
see, Complaint in Exhibit A). The JPA created a SAM Board of Directors. Each Member
11 Agency has two seats on the SAM Board of Directors, with the City having two votes per seat
12 and GCSD and MWSD each having one vote per seat.
13 17. At the time of SAM’s inception, the Member Agencies were faced with two
14 options t0 proceed with the development of a joint wastewater collection, treatment, and
15 disposal: Plan A, described as a “partial consolidation” plan; or Plan F, a “fully consolidated
16 wastewater treatment system” as shown in the February 3, 1976 IPA (Complaint Exhibit A).
17 Member Agencies ultimately chose to implement Plan F. Initial planning focused on
18 “develop[ing] regional solutions to [regional] wastewatcr treatment and management,” in the
19 form of “proposals for construction ofjoint collection systems, trunk and interceptor lines,
20 treatment plan[t]s, and disposal systems.” (Complaint Exhibit A, JPA § IV(A)). This planning
21 focused on “the full consolidation of sewage treatment facilities,” which the February 3, 1976
22 JPA and all relevant subsequent amendments refer to as the “Present Project.”
23 18. SAM constructed the Present Project in two phases. Phase I of the system
24 consisted 0f three components with “capacity rights, construction costs and operation and
25 maintenance expenses being shared as specified” until these costs were reallocated as
26 contemplated in Phase II. (Complaint Exhibit B, JPA § IV(B)(1)(a)). These three Phase I
27 components were (i) the SAM [P8, with initial construction costs “shared equally between
28 [MWSD] and [GCSD]”; (ii) an ocean outfall pipeline, shared one-half by the City, and onc-
Granada Community Services District’s Cross-Complat'nt

5
quarter by MWSD and GCSD, each, and (iii) a proposed, but never constructed, wastewater
Uu-hmlv
reclamation pipeline, “solely assigned” to the City. (Complaint Exhibit B, JPA § IV(B)(1)(a)(i)—
(iii)). The SAM IPS consists 0f approximately 7.3 miles ofpipeline and four pump stations to
collect and transmit the flow 0f wastewatcr for treatment and diSposal.
\OOOQO‘x
19. Phase II 0f the Present Project consisted ofthc construction 0f the final
component 0f the SAM Sewer System, which contemplated one 0r more wastewater treatment
facilities. For Phase II, SAM considered constructing either a single plant to be located at the
10 site of the then-existing Half Moon Bay treatment plant, or three separate plants, located in Half
11 Moon Bay, Montara and El Granada (which plants were already in existence). The Member
12 Agencies chose to construct a single consolidated treatment plant, to which SAM connected the
13 then-existing, SAM-owned SAM IPS.
14 20. Phase II Reallocation. Under the terms of the IPA, as reflected in the July 2,
15 1979 JPA Amendment, and upon the SAM Board of Directors’ decision t0 construct a single,
16 consolidated wastewater treatment plant, the Member Agencies agreed to reallocate the costs
17 and expehses of the SAM Sewer System, thereby terminating the previous Phase I cosf
18 allocations. (Complaint Exhibit B, IPA The Member Agencies agreed to sharé the
§ IV(B)(4)).
19 total expenses of operation and maintenance of all the components 0f the SAM Sewer System
20 “based on flows into the single consolidated treatment plant facility,” and that “capacity rights
21 and construction costs previqusly allocated'in Phase I components shall be reallocated to be
22 consistent with the treatment plant facility allocations.” (Complaint Exhibit B, IPA § IV(B)(4)).
23 The JPA defines “construction”. as including “acquisition, reconstruction, alteration,
24 enlargement, replacement or reparation as well as construction?” (Complaint Exhibit B, IPA §
25 The California Coastal Commission determined the treatment plant facility allocations t0
I(d)).
26 be 50% 30% (GCSD), and 20% (MWSD) based 0n the “service needs” 0f each Member
(City),
27 Agency, as reflected in the Local Coastal Program in effect in 1979 (“LCP Allocation”). Thus,
28
'
“Construction,” as referenced throughout this Cross-Complaint, includes repair and
replacement, as defined in the IPA.
Granada Community Services District’s Cross-Complaint

6
I
the Phase II reallocation explicitly governs operations and maintenance, including construction
costs, for all of the completed SAM Sewer System components, including the SAM IFS, in the
General Budget. Similarly, in the event SAM incurs any liabilities, the Agreement sets Member
Agencies’ respective contributions to pay for these liabilities in proportion t0 each Member
Agency’s flows into the wastewater treatment plant. (Complaint Exhibit B, IPA § VIII(C)). In
\OOONJQUI-PWNH
reliance upon this reallocation of costs and expenses, GCSD and MWSD did not proceed with
constructing either a single consolidated wastewater treatment plant in E1 Granada or Montara, or
separate wastewater treatment facilities located within each jurisdiction.
21. SAM’s stated goal under the terms of the IPA was, “[i]n the event the single
treatment plant concept is selected as the fourth component under Phase II, it is the intent 0fthe
Authority tofurther consolidate sewerfimctions within the service areas 0fthe three member
agencies, and t0 establish a uniform system ofsewer service charges, levied throughout the entire
jurisdiction ofthe Authority, with which t0 pay expenses 0f operations and maintenance.”
(Complaint Exhibit B, IPA § IV(B)(5)).
22. SAM owns and operates all components 0f the SAM Sewer System, including the
SAM IFS. SAM receives its revenue from JPA assessments paid by its member agencies.
Consistent with the terms of the Phase II reallocation, these assessments are calculated based 0n
NNNNNNNNNr—‘y—IHHH—‘Hp—na—Iy—n
each Member Agency’s percentages of wastewater flows into the SAM wastewater treatment
Wflmm-DWNHOWWNCNM-PWNHO
plant and the LCP Allocation. As of 2017, the flow allocations consisted 0f 52 percent (Half
Moon Bay), 26 percent (GCSD) and 22 percent (MWSD).
23. In its Complaint, the City alleges that, according to the JPA, it is not responsible
for ongoing operations and maintenance of the SAM IPS because it does not “benefit” from the
SAM IPS. Contrary t0 the City’s allegations, the City directly and indirectly utilizes and benefits
from the SAM IPS. The SAM IPS collects and transmits City wastewater to the SAM
wastewatcr treatment plant, and the City receives wastewater flow “priority” at the SAM
wastewater treatment plant. The City receives higher wet weather wastewatcr flow capacity due
to capacity limitations 0f the SAM IPS, which limits the flow of wastewater from GCSD and
MWSD t0 the wastewater treatment facility during wet weather events, t0 the benefit 0f the City.
Granada Community Services District’s Cross-Complaint

7
24. Regardless of the “benefits” the City receives from the SAM IFS, as alleged,
supra, the IPA Phase II reallocation of SAM Sewer System costs and expenses does not rely 0n a
“benefit” calculation, based on the relative benefit each Member Agency receives from the
various components of the SAM Sewer System. Instead, the Phase II allocations for SAM Sewer
0n each Member Agency’s proportion 0f wastewater
mflOxm-DLAN
System General Budget funding relies
flows into the wastewater treatment plant and their LCP Allocations. The June 12, 2017 SAM
Staff Report discussing the 2017-201 8 General Budget correctly reasoned that “the total
expenses of operation and maintenance (O & M) 0f all of the components 0f the [SAM Sewer
\D System] (intertie pipeline and attendant pump facilities, ocean outfall, treatment plant) shall be
10 shared in a manner based 0n flows.”
11 25. From the time of the Phase II reallocation according to the terms of the July 2,
12 1979 IPA Amendment, until the City’s June 2017 refusal t0 approve the 2017-2018 SAM
13 General Budget, the City has continually funded the operation and maintenance, including
14 construction, on the SAM IPS, in accordance with the reallocation set and agreed t0 by the
15 Member Agencies in the JPA. In doing so, the City has funded maintenance activities 0n the
16 SAM IPS, including the repair and replacement of pipe segments. All components 0f the SAM
17 Sewer System contain a mixture of older and newer parts, installed and maintained with the
18 effect and purpose 0f extending the service life of the SAM IPS and all other SAM Sewer
19 System components.
20 26. In past years, the City has repeatedly and consistently paid its reallocated share,
21 including payments for large-scale SAM IPS maintenance activities involving construction by
22 repair and replacement 0f pipeline segments. Most recently, the City, as a SAM Member
23 Agency, approved SAM [PS repair and replacement work in 2014 (repairing and replacing 1,750
24 feet ofthe SAM IFS), and in 201 6 (repairing and replacing 2,600 feet of the SAM IPS). The
25 2017—20i 8 SAM General Budget submitted to theMember Agencies included similar SAM IPS
26 repair and replacement work.
27 27. Under section V(A) of the IPA, the SAM General Budget is reviewed and
28 approved annually. Each year, SAM prepares a General Budget to fund, inter alia, the
Granada Community Services District’s Cross—Complat'nt

8
operations and maintenance, including construction, 0f the SAM [PS and other components 0f
the SAM Sewer System. SAM staffprcsent the annual General Budget to the SAM Board 0f
Directors for consideration. The Board of Directors then votes to approve submitting each year’s
LAAWN
General Budget t0 each SAM Member Agency for consideration and approval by each Member
Agency’s governing body. Once the governing body 0f each Member Agency has approved the
General Budget, the Budget is then returned to the SAM Board of Directors for final approval.
The failure of even one Member Agency t0 approve the annual General Budget exactly as it was
ROOO‘JQ
presented to all Member Agencies results in the complete failure of the annual General Budget,
causing the elimination of funding for SAM unless and until the Member Agencies finally
10 unanimously approve an annual General Budget.
11 28. Between the months of March and June 2017, SAM prepared and the Board 0f
12 Directors considered the 2017-201 8 General Budget. On June 12, 2017, the SAM Board of
13 Directors, including its Half Moon Bay representatives, approved submitting the 2017—201 8
l4 General Budget to SAM Member Agencies for approval. This budget includes $1.5 million in
15 funding for SAM IPS infrastructure repair and replacement, an incre‘ase from the Member
16 Agency-approved 201 6-2017 budget, which contained $746,000 in funding for Infrastructure
17 work, which also included SAM IPS-relatcd work. Since this increase was designed to repair
18 and replace certain preexisting portions 0f the SAM-owned-and-operated' SAM Sewer System, it
19 was prOperly placed into the 2017-201 8 General Budget.
20 29. GCSD and MWSD approved the 2017-2018 General Budget as it was presented
21 t0 them. The City failed to do so, claiming the SAM IPS infrastructure work should not be
22 included in the General Budget, and, instead should be approved separately as a Project Budget.
23 30. The JPA provides for “Project Budgets” separate from the General Budget. The
24 Project Budget procedures provide for the “initiation” of any new project that two or more of the
25 Member Agencies pr0pose to fund. Under the plain reading 0fthe JPA and the past practice 0f
26 the Member Agencies, the Project Budget provisions apply t0 new improvements not previously
27 existing. Because all three SAM Sewer System components, including the SAM IPS, have been
28 in existence and continual use and have been functioning for nearly four decades, the Project
Granada Community Services District’s Cross-Complaz'nt

9
Budget provisions ofthe JPA are inapplicable to work done on the SAM IPS. The 2017-20 1 8
General Budget did not envision expanding the SAM IPS or increasing its capacity, it only
proposed to implement a plan to repair and replace certain segments of the SAM IPS, in line with
similarly funded past repairs and replacements. The Member Agencies have regularly and
\DOONJOU’I#UJI\Jt—~
properly funded work 0n the existing SAM Sewer System, including the SAM IPS, through the
General Budget.
31. GCSD now seeks an affirmative declaration from this Court that the City
continues to share r65ponsibility for its share of all costs and expenses related to the SAM IPS, as
reflected in the JPA, as well as an affirmative declaration that infrastructure work which does not
envision expanding the SAM IPS or increasing its capacity, but only proposes t0 implement a
plan t0 repair and replace certain segments of the SAM IPS pipeline does not require a Project
Budget.
FIRST CAUSE OF ACTION FOR DECLARATORY RELIEF

32. GCSD hereby incorporates paragraphs l through 3 l, as if fully set forth herein.
33. SAM currently owns, operates, and maintains a fiJlly consolidated SAM Sewer
System, consisting of (1) the SAM IPS, (2) the SAM wastewater treatment facility, and (3) the SAM
NNNNNNNNNHIHHHHHH—nb—IH
ocean outfall pipeline. SAM has been responsible for the continual operation and maintenance of the
WQQM-PUJN—‘OKOOO‘JQM-PDJNP—‘O
consolidated SAM Sewer System since its inception.
34. The fully consolidated SAM Sewer System was constructed and/or incorporated in
two phases. PhaseI included the construction and/or incorporation of the SAM IPS and the SAM
ocean outfall. Phase [I constructed the SAM wastewater treatment plant.
35. Phase II reallocated the SAM Sewer System’s annual costs and expenses according t0
each Member Agency’s wastewater flows into the wastewater treatment plant and the LCP
Allocation. Reallocated costs and expenses as to the SAM IPS are thus fixed, and consist of
operations and maintenance, including construction, and the requirement to cover SAM liabilities.
36. The JPA intentionally designed the Phase II reallocation t0 be independent 0f each
Member Agency’s perceived or realized “benefit” received from any given SAM Sewer System
Granada Community Services District‘s Cross-Complaint

10
component, with the goal of creating a consolidated Mid-Coastside wastewater system. In agreeing
to constfuct the single fully consolidated SAM Sewer System with the SAM wastewatcr treatment
#UJN facility located in HalfMoon Bay, GCSD and MWSD detrimentally relied on the fact that the City
would continue t0 adhere t0 the Phase II reallocation cost formula. In any event, the City both
directly utilizes the SAM IPS to collect and transmit City wastewater to the SAM wastewater
treatment plant, and benefits from the SAM IPS in the form 0f the City’s ability to send a
disproportionately greater amount 0f wastewater t0 the wastewater treatment plant during wet
\Oooqoxm
weather events so as to reduce the need for the City to construct wet weather storage facilities.
37. Since the inception 0f the IPA, SAM has regularly and properly funded SAM IPS
work, including pipeline replacement, through the General Budget. The City has long, and
10
repeatedly, approved General Budgets that include SAM IPS infrastructure work, such as repair and
11
replacement.
12
38. On June 12, 2017, the SAM Board of Directors (including the SAM representatives
13
from the City) voted t0 submit the 2017-201 8 General Budget to each Member Agency for approval.
14
The 2017-201 8 General Budgetincluded approximately $1 .5 million in repair and replacement work
15
to the SAM IPS. GCSD and MWSD approved the 2017-2018 General Budget as it was submitted.
16
'
The City expressly declined to approve the 2017—2018 General Budget as it was submitted.
17
39. The SAM IPS infrastructure work was properly included in the 2017—2018 General
18
Budget. The IPA reflects the Member Agencies’ agreement to include all ongoing SAM IFS
19 operations and maintenance, including construction, in the General Budget. The IPA further
20 provides that these costs and expenses shall be allocated according to each Member Agency’s flows
21 into the wastewater treatment plant and the LCP Allocation.
22 40. The SAM IPS is an integral component of SAM’S fully consolidated SAM Sewer
23 System. Because the SAM IPS is owned, operated and maintained by SAM, and is an existing
24 improvement, infrastructure work 0n the SAM IPS does not fall under the “Project Budget”
25 provisions ofJPA section IV(B). The SAM IPS infrastructure work in the 2017-201 8 General
26 Budget would not alter, expand, or increase the service area or capacity of the SAM IPS as it
27 currently exists.
28
Granada Community Services District ’s Cross—Complaint

1 1
PRAYER FOR RELIEF
[Q WHERBFORE GCSD hereby prays for relief as follows:
b) a. Fora judicial declaration that SAM owns, Operates a'nd maintains the SAM sewer
.m System, including the SAM IPS;
b. For a judicial declaration that the.JPA Amendment dated July 2, 1979 established
reallocated Costs an'd 'ex‘p‘éns‘és for a1] SAM Sewer System components, including the'SAM IPS,
o‘oumug
based on’ each Member Agency’s flows into the Wastewater treatment plant and the LCPAIIoca’tion;
c. 'For avjudicial declaration that the City.continues to share’ responsibility for Costs and
expenses related to the SAM IPS (including operations, maintenance, construction,-a’nd_ liabjilitiie's)
b
'and in pr‘opoi‘tionfto the City’s wastewater flows into the wastewater treatment plant and it_s LCP
Allocation;
d. For a jiudicial declaration that the City utilizes and benefits from the SAM IPS;
e. For a judicial declaration that the; SAM IPS. infrastructure work Was pro‘p'erfl'blaced
in .the 20 l 7-20 1 8' SAM General Budget;
f. For arjudicial' declaration that the SAM IPS infrastlucture work proposed i'n
the 2017-
201 8 SAM General Budget is not subject t0 the JPA Section V_(B) “Project Budget" provisionsr‘and
procedures;
g: For costs ofsuit “and attomeys’ fees .a’ndIelated expenses, pursuant to CalifOITliaCOde
of Civil Proquu1'e § 1021.5; and
h. For such other relief as.thi3 Court deems proper;
DATED: September 5, 2.017 WITTWER PARKIN LLP
By:
?athan Wittwer
ttomcys for Defendant and Cross—
r
.
Complainant
GRANADA .COMMUNITY‘SERVICES
DISTRICT
Granada Community Services District's Cross—Con‘rplaim

1.7.
.. SUM-1'1o
‘
(Soxmflggigzzm
Crggsmgflogfslaim
(CITACION JUDICIAL-CONTHADEMAEEELEE)
NOTICE To cnoss-DEFENDANT:
(A wsoAL com.a-DEAMNDADO): uu SF
Numo comm,
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Wd-0U
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City of Half Moon Bay and Sewer Authority
THE gorge.“
AUG 2 "
Coastside, Real Party in Interest ()LERK 0F
R
You ARE BEING SUED BY cnoss-COMPLAINANT: sUFgRKOR :LARQIe
COUhTf 0F "
(Lo ESTA DEMANDANDO EL CONTRADEMANDANTE); @383“
BY”“"' 0%
_
Montara Water and Sanitary District, a public agenc 'EPUanLsnx
You hHVe 30 CALENDAR DAYS after this summons and legal papers are served 5n you to file a wrinen response at thls court and have a
copy served on the cross-cornplainant. A letter or phone call wIII nut protect you. Your mitten response must be In proper legal form if you
want the court to hear your case. There may be a court iorrn that you can use for your response. You can find these court forms and more
Information at the California Couns Online Self-Heip Center (mw.courflnfa.ca.gav/sellhelp), yuur county law library. or the courthouse
nearest you. If you cannot pay the filing tee, ask the noun clerk for a fee waiver form. you do not fiIe your response on lime. you may
II'
SCANNED
lose the case by default, and your wages, money. and property may be taken without [unher warning from the court.
There are other legal requirements. You may want to call an attorney right away. u you do no! know an attorney, you may to call an mm
attorney referral service. If you cannot afford an attorney, you may he eligible for tree legal servicw from a nonprofit legal services
program. You can locate these nonprofit groups at the California Legal Services Web site (mwnlawhelpmlifomla.org). the California
Coutts Online Self-Help Center (vnvwsourfinfa.m.gov/selfhelp), or by contacting your local court or county bar associallon. NOTE: The
court has a stmutory lien for waived 19w and costs on any settlement or arbitration award uf $10,000 or more In a civil case. The court's
lien must be paid before the court will dismiss the case.
Tiene 30 DIAS DE CALENDAHIO despue's de que le entmguen 2318 citacldn y papeles Iegales para presentar una respuesta por esquro
en esla c0118 y hacer qua se entregue una copia a! comrademandante. Una wrta o una Iiamada relefénlca no Ia protegen. Su respuesfa
par escn'ro liens que estar en formats Iega! camera s! desea que pmwsen su case en Ia code. Es paslbfe qua haya un formularia qua
Listed pueda umrpara su respuesla. Puede encontrar estos formulan‘os de la carts y més lnformacién en el Centm da Ayuda da [as
Cortes de Califomls (vmwauconacagov), en Ia bibllaleca de {eyes de su condada o en Ia aorta que le quede més cerca. Si no puede
pagar (a cyata de pmntadén, pida at secremdo de Ia corte que Ie de' un formulan'o de exencidn dc pago de cuaras. SI na pracenra su
respuesm a tfempa, puede perder e1 caso por Incumplimiento y Ia carze [e podni qultar su sueldo, dlnero y Manes sin ma‘s advertencla.
Hay aims requisites Iegales. Es recomendabre qua llama a un abogado lnmedlamflrenre. Si no conoce a un abogado, puede flamer a un
servlclo de remisio‘n a ubogados. Si no puede pegs! a un abogado, es posible que cumpla con [as requisites para obfener serviclos legales
gmtuitos de un pmgmma de servicios Iegales sin {Ines de lucro. Puede encantrar estos grupos sin fines de lucro an el smo Web d2
California Legal Services, (mv.!awhelpcalifornia.org). en e! Centrv de Ayuda de I35 Canesde California (www.suconecagov), o
oniéndose en contacts con Ia code o e! coleglo da abogadas locales. AVISO: Por fey, ta corte Ilene derecho a reclamar [as cuatas y los
castes creates par Impaner un gravamen sabre cualquier recuperaclo'n d9 S! 0,000 6 més d9 valor reclbida mediante un acusrdo o una
conmién d9 arbiuaje en un casa de derecho civil. Tiene que pagar e! gtavamen de la cone antac de que Ia cone pueda desechar e! caso.
The name and address of the court i5: SHORT
.
NAME OF CASE (born Wm: (Nam do G150}:
-
(Er nombre y dreccfén da la cone es): City v. Granada Community

San Mateo County Superior Court, Hall of Justice wewmzmwmmmm
4—7—GlV-93692' ~
7 C U 31 5 9 2 7
-
400 County center, Redwood city, CA 94063 1
The name, address. and telephone number of cross-complainant's anomcy, or cross-compiainant without an attorney. is:
(El nombre, Ia a7reccién y e! m‘nrnero d9 reléfono del abogado del conlrademandanre, o del contrademandante qua no tiene
abogfido. 95): Christine C. Fitzgerald, 345 Lorton Ave., Buriingam 4010' 650-348-5195
DATE;
(Fecha)
AUG '2 9 2017
mm, H
(For proof of sem‘w o! this summdfi‘s’,”d§Wfb‘o¥/67
H mm “A A
BMW! Summons
NOTICE To THE PERSON SERVED: You
Clerk.
(form POS—010).)
DY
(Secretario)
(Para prueba de entrega de ssra citatfén use e! formuran'o Proof of Service of Summons (POS-010).)
E are served
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17
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. DePUty
(Adjunw)
:‘nrm‘lmn' frr Civf'

a
m-icion
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1.
2.
E as an individual crossdefendanl.
as the person sued under [he fictilious name of (special):
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3, on behaltof(specify):
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under: CCP 416.10
CCP 416.20
(corporation) E
D CCP 416.60
CCP 41 5.70
(minor)
m CCP 416.40
(defunct corporation)
(association or pannership) E CCP 41 6.90
(conservatee)
(authorized person)
4. EE other (specify):
by personal delivery on
SUMMONs—caoss-COMPLAINT
(dale);
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Page 1 M 1
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SUM-‘HD {Ramidy 1.25279]
H DAVID E. SCHRICKER, #36534 _
LAW OFFICES 0F DAVID E. SCHRICIEELED

Sunnyvale, CA 94086 0U -3 A {0: uL]
.
2m?
Telephone: (408) 517-9923 .
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Facsimile: 408 900—8225 CLER" 0F THE C OURT SANMATEO COUNTY

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dschrickerégschgickerlmvfiom éggfifioggs' OCEEfiQA
-
L.EPUTY
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CHRISTINE C. FITZGERALD #131531 7 vi
FITZGERALD LAW OFFICES .
SCANNED
345 Lorton’ Av’enue, Suite 301
Telephone; (65 0) 348—5 1 95
Facsimile: (650) 239-1207
.fitzgeraldlaw@sbcglobaLnet
O To Government Co‘de Section 6103
r---
Attorneys For Cross Complainant 1 7 C U 31 5 9 2 7

[\J MONTARA WATER AND SANITARY DISTRICT
DJ
g IN AND FOR THE COUNTY OF SAN MATEO
NNN—AH‘p—HHHfi—n—HH
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ON
.CITY‘OF
corporation,
HALF MOON BAY, a municipal Case Nam
MONTARA WATER AND SANITARY_
V .
N.)
Plaintiff, DISTRICT’S AMENDMENT TO CROSS _

OO
v.
\D
GRANADA COMMUNITY SERVICES BY FAX
WATER AND
DISTRICT and MONTARA
O
SANITARY DISTRICT;
N.H‘ Defendants,
and
f;
LA”,
I
‘09: ~\
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N DJ ‘
SEWER AUTHORITY MID-COASTSIDE, ,- ‘xx

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Real Party in Interest. yf/flld/ I/{I/w,
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MONTARA WATER AND SANITARY ‘_
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Cross-Complainant,
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17 Clv 03092
MONTARA WATER AND SANTITARY DISTRICT‘S AMENDMENT T0 CROSS COMPLAINT
--
v.
N CITY OF HALF MOON BAY,

UJ‘
Cross—Defendant,
43 and
LII
SEWER AUTHORITY MID-COASTSIDE;
O’\
NJ
m
COMES NOWCIOSsComplajnant Montara Water and éanitary District, a public égen’éy, and
\D
hereby amends >its Cross Compiafnrfor Declaratbly Réh‘éfin the following particulars:
r—I
O
1. At page 3, lin‘es 26-27, replace the ,words “(CITY=50.5% MWSD=29.5%
—- *—‘
GCSD=20%)_.” with the words ‘»‘(CITY=50.5% GCSD=29.5% MWSD=20%).”;

H N
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2. At page 5, line 2, replace the word “DECLARATION” with the word
.—¢
L “DECLARATORY”;
p—4
Ln
3. At page 6,‘ line 3, replace the words “IPS Projects” with the wbrds “IPS Division WOrk”.
ON
H
DATED: August 29, 2017 FITZGERALD LAW OFFICES
H
\J A Professional Corporation
H 00
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NO
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[/fiumrliw W
L/Christine C. Fitzgerald
Attorneys for Cross
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ant
a
MWSD
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2 I7 cw 03092
MONTARA WATER AND SANTITARY DISTRICT s AMENDMENT To CROSS COMPLAINT
PROOF OF SERVICE
l declare thatl am employed in the County 0f San Mateo, California. I am over the age 0f
eighteen years and not a pany to this action. My business address is 345 Lorton Avenue, Suite
301, Burlingame, Califo’mia, 94010; On August 29, 17,1 served the within:
MONTARA WATER AND SANITARY IDISTRICT’SAMENDMENT TO CROSS

Re: CITY 0F HALF MOON BAY y. GRANADA COMMUNITY SERVICES AND

DISTRICT AND MONTARA WA TER AND SANITARYVDISTRICT
On the interested parties in said cause as indicated below:
I ] (BY PERSONAL SERWCE) Caused 1 a copy ofrsaid pleadings) to be hand delivered

t'o the opposi'ngpouns'el:
[j I (BY FACSIMILE) 1 caused a_copy of_said pleading(s) to be sent via facsimile

transmission to the interested parfies att:
l'
]
(BY FEDERAL EXPRESS MAIL) l caused a copy of said pleading(s) to be sent
[X] (BY REGULAR MAIL) Caused a Copy of‘said pleadings to be'placed in a United States
I
Mail depository, in a sealedcuvebpe with postage fully prepaid to the‘below listed

addresses:
Anthony P. Condotli
Atchison, Barisone &
COndotti, APC
P.O. Box 481
Pamela K. Graham
Eduardo Jansen
Colantuono, Highsmith &
Whatley, PC
Grass Valley, California 95945 5091
I declare under penalty of perjury under the laws of the'State 0f Calimeia that the
Dated: August 29, 17

0p;
COLLEEN
m 0 flkh/QWQQ
c. FITZQJERQICb
'i'
l ANTHONY P. CONDOTTI, State Bar No. 149886 Exempt from Filing Fees
ACONDOTTI@ABC—LAW.COM
Government Code § 6103
/\
m 2 ATCHISON, BARISONE, CONDOTTI & KOVACEVICH
333 Church Street
€\ 3
V Telephone: (83 1) 423-8383
4
Facsimile: (831) 423-9401
5
MICHAEL G. COLANTUONO, State Bar No. 143551
MColantuono@chwlaw.us
6
D PAMELA K. GRAHAM, State Bar No. 216309
LZU PGraham@chwiaw.us
7 :3}
EDUAgDhOlJANSEN, State Bar NO. 302757
g EJansen c w aw.us
“55”
Wfllfifi
. .
3
57% COLANTUONO, HIGHSMITH Neg? £433,
9
420 Sierra College Drive, Suite 140 MATEO COUN
8AM Ta
Grass Valley, California 95945-5091 i
Telephone: (530) 432-7357 g

W95 g 5 gm?I
i
1°
Facsimile: (530) 432—7356
2 11 clerk 01 me supef‘o' 0°” n
So Attorneys for Plainfifi
3 CITY 0F HALF MOON BAY 5V Depuw mean
g o 12
o E 53
. ‘ _
_ __
é «33;;
13
SUPERIOR COURT 0F THE STATE 0F CALIFORNIA
W
fl 0 o
ESE
° 14
o
IUE
g‘
u,
Egg;-
15
Mommas?
g: 15
CITY 0F HALF MOON BAY, a municipal CASE No.
3 g
ES 17
8 Plaintifi‘, (Case assigncd/to Hon. Robert Foiles / Dept 21)

18
v. [PROPOSED] ORDER GRANTING

19
PLAINTIFF’S MOTION FOR
20
GRANADA COMMUNITY SERVICES MANDATORY TRANSFER OF VENUE
MONTARA WATER AND
DISTRICT and (CCP § 394)
21 SANITARY DISTRICT, .
Complaint Filed: July 11, 2017

22 Defendants.
Hearing Date: September 19, 2017
23
and Time: 9:00 a.m
24 Dept: 16 (Law and Motion)
25
Real Party In Interest.
26
'
;7—g$v—03092
27 UH
Proposed Order Received
739344
28
l UH!”llllllllllllllllll'l/llfl
[PROPOSED] ORDER GRANTING TRANSFER 0F VENUE (CCP § 394)

[83708.2
[PROPOSED] ORDER
The Motion for Mandatory Change 0f Venue pursuant to California Code of Civil Procedure
section 394 filed by Plaintifi‘ City of Half Moon Bay (“City”) to transfer venue from the San Mateo
Superior Court to a neutral venue came on for hearing in Department I6, the Law and Motion
Department, on September 19, 2017(Having considered the Notice, Memorandum of Points and
Authorities in support thereof, the records and files in this action, and having heard argument by
counsel, the Court hereby ORDERS:
D Pursuant to California Code of Civil Procedure section 394, Plaintifi’s Motion for
10
Mandatory Change ofVenue is GRANTED. This action is ORDERED transferred
PC 11
140 to the Sacramento County Superior CouIt.

Whutley. 12
SUITE
95946-7356
13
& Drive.
CA
l4
nghsmlth
College
D Pursuant to California Code of Civil Procedure section 394, Plainfifi’s Motion for
Volley. 15
Mandatory Change of Venue is GRANTED. This action is ORDERED transferred
Sleua
Gross
I6
Coiantuono.
t0 the County Superior Court.
420
l7
18
19 IT IS SO ORDERED.
20
21 DATED: By:
Superior Court Judge
22
23
24
25
26
27
28
[PROPOSED] ORDER GRANTING TRANSFER OF VENUE (CCP § 394)

1837082
PROOF OF SERVICE
I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action. My business address is 790 E. Colorado Boulevard, Suite 850,
Pasadena, California 91 101.
On August 25, 2017,, I served the document(s) described as: [PROPOSED] ORDER
GRANTING PLAINTIFF’S MOTION FOR MANDATORY TRANSFER OF VENUE
(CCP § 394)on the interested parties in this action as follows:
By placing D the original E a true copy thereof enclosed in a sealed envelope addressed
as follows:
SEE PROOF OF SERVICE LIST
10
U BY MAIL: The envelope was mailed with pcstage thereon fully prepaid. I am readily
familiar with the firm’s practice 0f collection and processing correspondence for mailing.
PC
I]
Under thal practice it would be deposited with the U.S. postal service 011 thaI same day with
postage thereon fully prepaid at Pasadena, California in the ordinary course ofbusiness. I am
140
Whafley.
l2
aware that on motion of the patty served, service is presumed invalid if the postal cancellation
SUITE date or postage meter date is more than one day after service of deposit for mailing in
95945-509]
13
afidavit.
BL
Dtive.
I4
U BY OVERNIGHT DELIVERY: I placed such document(s) listed above in a sealed
CA
nghsmnh
envelope, for deposit in the desiglatcd box or other facility regularly maintained by FEDERAL
College
15
EXPRESS (FEDEx) and/or GOLDEN STATE DELIVERY (GSO) for overnight delivery, caused
Valley.
such envelope to be delivered to the ofice of the addressee(s) on the attached service list via
Sierra
l6 ?vemight delivery pursuant to C.C.P. §1013(c), with delivery fees fillly prepaid or provided
Gloss
or.
Colanluono.
420
17
U BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an
18
agreement of the parties to accept service by e-mail or electronic transmission, I caused the
documents t0 be sent to the persons at the e-mail addresses listed above. I did not receive
within a reasonable time afier the transmission, any electronic message or other indication
19
that the transmission was unsuccessful.
20
E PERSONAL SERVICE: I caused such envelope t0 be delivered by hand to the addressee(s).
21
22 I declare under penalty of perjury under the laws of the State of California that the above is
true and correct.

23
Executed on August 25, 2017, at Pasadena, California

24
25 LQQMa/Pmamwb
ela aramillo
26
27
28
CityofHab’Moon Bay v. Granada Community Services District et a1 PROOF OF SERVICE

San Maetco County Superior Case N0. 17CIV03092
182011.}
PROOF OF SERVICE LIST
Counsel for Defendant Granada Community Services District
Jonathan Wittwer
WHTWER PARKIN LLP
Tel: 83 1429-4055
Fax: 83 1-429-4057
E: jonathan@wittwerparkin.com
Counsel for Defendant Montara Water and Sanitary District
1'0
David E. Schricker
LAW OFFICE 0F DAVID E. SCHRICKER
563 Murphy Avenue
'
PC
S.
11
140
Sunnyvale, CA 94086
Tel: 408-5 1 7-9923
Whailey.
12
SUITE
Fax: 408-900-8225
95945-5091
E: dschricker@schrickerlaw.com
13
& Drlve.
14
nghsmith CA
College
Counsel for Defen dant SewerAut/zoritv Mid-Coastside
Volley. 15
Carl Nelson
Sierra
16
Colonruono,
Gross
420
I7
Walnut Crack, CA 94598
Tel: 925-933-7777
Fax: 925-933-7804
E: cnelson@bpgmnj.com
19
20
21
22
23
24
25
26
27
28
ii
CityofHaifMoon Bay v. Granada Community Services Dism'ct, et aI. PROOF OF SERVICE

San Maeteo County Superior Case No. I7CIV03092
131011.]
ANTHONY P. CONDOTTI State Bar N0. 14988???"
ACONDOTU®ABC LAW COM
,
g
‘Elxem
,
.
K ___
. .
pt from Filmg Fees

ATCHISON, BARISONE, CONDOTTI & KOVACEVICH
a/ 2’33
333 Church Street
'
2m] 0m 3 A [0: uu
Santa Cruz ,Cal’f
I ornla 950 6 0
Telephone: (831) 423-8383 memfiifid

SCLERKOORF
Efl
Facsimile: (831) 423—9401
030%” fififi OQOUN‘W
MICHAEL G COLANTUONO, State Bar N0. 12g???
PGraham@chwlawvus
EDUARDO JANSEN, State Bar N0. 302757
EJansen@chwlaw.us
SCANNED
M:
DEE
Telephone: (530) 432~7357 g;
Facsimile: (530) 432—7356 >€ ,
PC 11
MO
Whatley.
12
CITY 0F HALF MOON BAY
SUHE
95945-7356
13
SUPERIOR COURT 0F TEE STATE 0F CALIFORNIA
a Dtlve,
CA
14
Highsmlm
College
Valley.
15 1?Cv316927
Sierra
Gross
16
CITY OF HALF MOON BAY, a municipal CASE NO. 11611103092.
Columuono,
420
I7
Plaintiff, (Case assigned to Hon. Robert Foiles l Dept 21)
18
V_ 1. MOTION
PLAINTIFF’S NOTICE 0F
19
AND MOTION FOR MANDATORY
20
GRANADA COMMUNITY SERVICES TRANSFER 0F VENUE (CCP § 394);
21 SANITARY DISTRICT, 2. MEMORANDUM IN SUPPORT
22 Defendants. [Proposed Order filed concurrently herewith]
,x/fi
23
and Complaint Fued: July 11, 2017
24
km
SEWER AUTHORITY MJD-COASTSIDB, Hearing Date: September 19, 201 7
25 Time: 9:00 am.
I
Real Party In Interest. Dept; 16 (Law‘and Motion)
26
r———
117—CW —03092
27
MUTE
Motion
28
iviiimmuuwmmmuwnu
CITY OF HALF MOON BAY’S MOTION TO TRANSFER VENUE

1837103
a
d
;m
.
F
a
~
Q
&m
fl
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that 0n September l9, 2017, at 9:00 a.m., or as soon thereafter as
counsel can be heard in Depaxtnent I6, the Law and Motion Department of the above-referenced
Court Iooated at 400 County Center, Redwood City, CA 94063, Plaintifi‘ City of Half Moon Bay
(“City”) will and hereby does move this Court for an order transfem'ng this action to a neutral venue,
specifically to the Sacramento County Superior Court or such other neutral venue with the capacity
to quickly and efficiently resolve the present action as this Court may determine. The City brings
this Motion pursuant to California Code of Civil Procedure section 394, which provides for a
mandatory transfer of venue to a neutral county when requested by a plaintiff city who is suing
10 another city or public agency. Transfer of venue pursuant to sccfion 394(a) is mandatory —a
Pc 11 tansfcr of venue once made, must be granted (City ofAlameda v. Superior Court (1974) 42
140
Whatle'y.
12 Ca1.App.3d 312, 316; County ofSan Bernardino v. Superior Court (1994) 30 Cal.App.4th 378, 384-
SUII'E
95945-7366
81 13 389; Arntz Builders v. Superior Cour! (2004) I22 Ca1.App.4th 1195, 1203.)
Dllve.
CA
l4 This Motion is based upon this Notice; the attached Memorandum; the records and files in
Htghsmnh
College
Volley. 15 this action; and such arguments the City may present at 0r before the hearing.
Slelrc
Gross
16
oolontuono.
420
17 DATED: August 25, 2017 ATCHISON, BARISONE, CONDOTTI &
KOVACEVICH
l8
ANTHONY P. CONDOTTI
I9
20 COLANTUONO, HIGHSMITH &

WHATLEY, PCV
21
22
MTCHAEL G. COLANTUONO
23 PAMELA K. GRAHAM
EDUARDO JANSEN
24 Attorneys for Plaintiff
25
26
'27
28

1837103
TABLE 0F CONTENTS
I. INTRODUCTION ........................................ ......................................................................

-.
2
II. FACTUAL AND PROCEDURAL BACKGROUND

A.
B.
Replacing the Intertie Pursuant t0 the J'PA3
Proper Original Venue .............................................................................................. 4
3
IH. TRANSFER OF VENUE TO ANEUTRAL COUNTY IS MANDATORY ....................... 4
A. Change of Venue under CCP 394 is Mandatory ...................................................... 4
B. Prejudice is Presumed and Change of Venue Must be Granted ............................... S

10
C. The City Objects to Trying the Case in San Mateo Before an Out-of—County
PC 11 Judge ........................................................................................................................ 6
140
Whatley. IV. CONCLUSION .................................................................................................................... 7

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& Drive.
CA
14
nghsmlm
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Gloss
l6
Colomuono.
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I7
18
l9
20
21
22
23
24
25
26
27
28
TABLE OF AUTHORITIES
1837103
Page(s)
California Cases
Arnrz Builders v. Superior Court (2004)
122 Cal.App.4th 1195 .................................................................................................................. 1, 4
City ofAZameda v. Superior Court (1974)

42 Cal.App.3d 312 ............................................................................................................... 1, 2, 4, 5
County ofSan Bernardino v. Superior Court (1994)

30 Cal.App.4th 378 .......................................................................................................... 1, 2, 4, 5, 6
PC
10
Golden Gate Bridge, Highway and Transportation Dist
125 Cal “App 4th 177..
Ohio Casualty Ins. Group v. Superior Court (1 994)

.. ..
v. Superior Court (2004)
... ..5 ‘
11
I40
30 Ca1.App.4th 444 ...................................................................................................................... 2, 5
Whoilev.
12
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Westinghouse Electric Uorp. a. Superior Court (1 976)
959115-1356
8t l3 17 Ca1.3d. 259 .................................................................................................................................. 5

Dllve.
CA 14 California Statutes
Highsmlth
College
Volley.
15
Code Civ. Proc.
Slerra
16
§ 4 ..................................................................................................................................................... 6
Grass
Coloniuono.
§ 394 ....................................................................................................................................... passim
420
17 § 394(a) ........................................................................................................................................ 1, 4
18 Gov. Code
§ 6500 ............................................................................................................................................... 3
19
20
2]
22
23
24
25
26
27
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1837103
MEMORANDUM
l. INTRODUCTION
Plaintifi City of Half Moon Bay (“City”) moves to Hansfer this action t0 a neutral county
pursuant to Code of Civil Procedure section 394, which provides for a mandatory transfer of venue
in litigation between public entities. The rationale for mandatory transfer is clear — neutral venue
guards against any risk of local prejudices, and local judges are not forced “in the position of
appearing to choose between possibly conflicting loyalties or interests, especially where [the
judge’s] eiection to the bench depends upon the attitude of all the voters in the entire county.” (City
ofAIameda v. Superior Court (1974) 42 Cal.App.3d 3 12, 3 16 (“Alameda”).) “[T]here is n0 need for
10
a party t0 demonstrate an actual danger of prejudice; the statute ‘is designed to obviate the
PC ]1
appearance 0f prejudice as well as actual prejudice or bias.’” (County ofSan Bernardino v. Superior
MO
Whatley,
12
SUITE
Court (1994) 30 Cal.App.4th 378, 384 (“San Bernardino”).) “Under section 394, [I prejudice is
95945-7356
13
& Dllve.
presumed and the granting of the motion is mandatory. .. .” (Ohio Casually Ins. Group v. Superior
CA 14
HIghsrnlth
Court (1994) 30 Cal.App.4th 444, 452 (“Ohio Casualty”).)
College
Valley.
IS
Neutral venue is imperative here, because this lawsuit will decide the exigent and politically
Sierra
16
Gross
sensitive issue 0f which 0f the City, defendant Montara Water and Sanitary District (“Montara”), and
Colonluono.
420
I7
defendant Granada Community Services District (“Granada”) must fund the $4.4 million cost to
18
replace portions 0f the Intet’tic Pipe System (“Intertie”) —- a sewer force main and associated tanks,
19
pumps, and mechanical and electrical equipment that convey wastewater from Montara’s and
20
Granada’s sewer collection systems to a treatment plant operated by Sewer Authority Mid-Coastside
21
(“Authority”). (Petition (“Pet”), 1H] 1—2.) A11 parties are public agencies located in and serving San
Mateo County, and the Intertie’s funding dispute is at the forefront of local headlines. Swift and
23
impartial resolution of the parties’ funding obligations is needed to ensure the continued safe and
24
lawful operation 0f the agencies’ sewer systems and to protect public health, safety, and the
25
envirorunent.
26
The City files this Motion following a failed efi‘ort to negotiate a stipulated transfer of venue
27
with Montara, Granada, and the Authority. The City proposes the County of Sacramento as an
28
2
1837103
appropriate venue, a venue that is convenient to all parties and is a convenient court With ample
expen’ence and resources for the efficient adjudication of writs, declaratory relief actions and related
claims as t0 the authority of government entities. The city is open to assignment t0 any court with
the resources to promptly and efficiently resolve this dispute.
ll. FACTUAL AND PROCEDURAL BACKGROUND

The City filed a Complaint for Declamtory Relief against Defendants Montara and Granada
and Real Party in Interest Authority to resolve a dispute between the City, on the one hand, and
Montana and Granada, on the other. (Petition (“Pet”), 11 1.) The dispute between the City and
10 Defendants is to Whether the City must share in the cost 0f a $4.4 million capital project t0 replace
Pc 11 portions of the InterLie owned and operaled by the Authority, named as a real party here. (Ibidj the
140
Whaney. 12 Authority is named as a real parry, but has no position in the dispute and cannot achieve one as the
suns
95945-7356
& l3 dispute between its member agencies produces deadlock on its even-numbered board;
Olive,
CA 14
ngnsmnn
College
Volley.
15
A. Replacing the lntertie Pursuant to the jPA
Sleno
Gloss
16 The City, Montara, and Granada formed the Authority pursuant t0 a 1976 Joint Exercise of
Colantuono,
420
I7 Powers Agreement (“JPA”) under the Joint Exercise of Powers Law, Government Code Section 6500
18 et seq., to construct, own, and operate regional wastewater treatment facilities to meet the high cost
19 of upgrading those facilities t0 then—new federal standards. (Pet, fl 1.) The Authority’s treatment
20 facilities receive wastewater from separate sanitary sewer collection systems owned by the City,
21 Montarg and Granada — three communities on the northern San Mateo County coast. (Ibid.) The
22 JPA obliges the City, Montara, and Granada to bear the cost t0 fund capital improvements and
23 replacements 0f facilities that benefit them in proportion to their respective benefit, and protects each
24 member agency fi'om any duty to fund the deve10pment, upgrade, and replacement of facilities it
25 does not use. (Ibid)
26 The Intertie was constructed shortly aficr the Authority was formed in 1976. (Pet, 1] 2.),
27 Granada and Montaré funded construction of the Intertie without the City’s financial participation.
28 (Ibid) The City was assigned n0 benefit from the Intertie, and no burden to fund it. (Ibid) The City-
3
CITY OF HALF MOON BAY‘S MOTION TO TRANSFER VENUE
1837103
owned collection system does not drain to the Intertie, and the Intertie has no capacity to
accommodate wastewater generated in the City’s sewer service area. (Ibid) (Part ofthe City is in the
Granada Community Services District and served by it.)
Like all public works projects, the Intertie was constructed to be operated and maintained for
its useful life. (Pet, 1] 3.) As the JPA acknowledged, even with appropriate operation and
maintenance, the Intertie would eventually need t0 be replaced. (Ibid) That time has come.
Granada and Montara contend the City must pay 52% of the cost to replace the Intertie. (Pet,
11 5.) That contradicts the language and intent of the IPA. (Ibid) The City cannot contribute to a $4.4
million capital project it is not legally obligated to fund and from which its ratepayers derive no
10 benefit without contravem'ng its fiduciary duties to its own tax- and rate—payers. (Ibid)
PC II
140
Whollev.
12
B. Proper Original Venue
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95945-735b
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13 Plaintiff City is a general law city located in the County of San Mateo. (Pct, 1] 7.) Defendants
Drive,
nghsmifh
CA
14 Montara and Granada are independent special districts, and therefore public agencies, located in the
College
Valley.
15 County of San Mateo. (Id, 111i 8—9.) The Authority is also a public agency located in the County of
Slerra
Glass
16 San Mateo. (Id, 1[ 10.) The City filed this action in San Mateo County, where all four parties are
Colaniuono.
420
17 located and where venue was originally proper. (1d,, ‘fl IO; County ofSan Bernardino v. Superior
18 Court (1994) 30 Cal.App.4th 378, 384 (“San Bernardino”).)
19
20
III. TRANSFER OFVENUE TO A NEUTRAL COUNTY IS MANDATORY
21 A. Change ofVenue under CCP 394 is Mandatory
22 Clause one of Code of Civil section 394 provides that “[a]n action or proceeding against [] a
23 local agency [] may be tried in the county [] in which the 1] local agency is situated, unless the action
24 or proceeding is brought by a county, []

a city, or local agency, in which case it may be tried in any
25 county [] in which the city or local agency is not situated.” (Code Civ. Proc. § 394(a).) An unbroken
26 line of appellate cases interpret this clause to establish a mandatory duty to transfer to a neutral
27 county an action between public entities in the same county upon the request of any of them. (San
28 Bernardino, supra, 30 Cal.App.4th at pp. 384—389; Alameda, supra, 42 CaLApp.3d ai p. 3 16; Amtz
4
CITY 0F HALF MOON BAY’s MOTION To TRANSFER VENUE
1837103
Builders v. Superior Court (2004) 122 Cal.AppAth 1195, 1203 (“Arntz ").) “The use of the word
‘may’ as noted does not necessarily mean that a transfer is discretionary ...”. (Alameda, supra, 42
Ca1App.3d at p. 3 16.) Rather, that “transfer is required [] and the proceeding May be transferred to
any other neutral county”. (15121.)
Once a motion for change of venue is made, transfer must be granted. (San Bernardino,
supra, 30 Cal.App.4th at p. 389; Alameda, supra, 42 Ca1.App.3d at p. 3 I 6.) Because Code 0f Civil
Procedure section 394 is a mandatory removal statute, it “takes precedence over general venue
provisions” — requiring a transfer even where venue is otherwise proper. (Golden Gate Bridge,
Highway and Transportation Dist. v, Superior Court (2004) 125 Ca1.App.4th I77, 182.) “As the
10 statute is remedial in its purpose, it should receive a liberal construction which will promote rather
PC 11 than frustrate the policy behind the law.” (Westinghouse Electric Corp. v. Superior Court (1976) 17
MO
Whafley. 12 Cal.3d. 259, 266.)

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95945-7356
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B. Prejudice is Presumed and Change ofVenue Must be Granted
nghsmtfh
CA
College
Volley.
15 The pmpose of section 394 is “t0 guard against local prejudices which sometimes exist
Siam]
Gross
16 and to secure to both parties to a suit a trial upon neutral ground.” (San Bernardino, supra, 30
Colanfuono,
420
l7 Ca1.App.4th at p. 386.) “[T]here is no need for a party to demonskate an actual danger ofprejudice
.”
18 (Ibid) Section 394 “is designed to obviate the appearance of prejudice as well as actual
19 prejudice or bias.” (Alameda, supra, 42 Cal.App.3d at p. 3 17.) “If either party is concerned about the
20 impartiality 0f the venue, transfer on application is mandatory and Clause One covers this
21 situation.” (San Bernardino, supra, 3O CaLApp.4th at p. 389.) “Under section 394, [] prejudice is
.”
22 presumed and the granting 0fthe motion is mandatory .. . (Ohio Casualty, supra, 30 Ca1.App.4th
23 aI p. 452.)
24 Here, the politically sensitive issue of which among the member agencies must pay the $4.4
25 million cost t0 replace portions of the [ntertie need not force a local judge “in the position 0f
appearing to choose between possibly conflicting loyalties or interests.” Originally filed in the
27 proper court, the City now has the mandatory right t0 and moves this Court t0 transfer the present
28 action to a neutral venue under Code of Civil Procedure section 394. The City further requests this
5
1837103
case be transferred to Sacramento County because of the convenience of that forum to the parties
and because that Court has the resources and experience to efi‘lciently handle inter-govemmenta]
disputes of this type. The City is open to any other neutral venue that has the resources to efiiciently
and promptly resolve this dispute.
C. The City Objects toTrying the Case in San Mateo Before an Out-of-
County judge
Code of Civil Procedure section 394 also authorizes this Court, in an action where a jury is
not of right or waived, to request that the California Judicial Council appoint ajudge fi‘om a neutral
10 county to try this case in San Mateo. The City opposes that alternative for four reasons.
PC
II First, the provisions 0f the Code of Civil Procedure arc to be construed to “promote justice”
140
thney. 12 (Code Civ. Proc. § 4; see also County ofSan Bernardino v Superior Court, supra, 30 Cal App 4th at
SUIYE
95946-7350
8x
13 pp. 386—3 87 [§ 394 should be liberally construed to promote its purposes].) In most actions not
Drive,
nghsmlth
CA 14 involving juries, there is little difference between transferring a case to a neutral county and having a
College
Volley.
15 neutral judge assigned by the Judicial Council. The present action, however, is unique. Because time
Slerra
Grass
16 is of the essence due to the public health, safety, and environmental issues involved with sewage
Cotamuono.
420
17 conveyance and treatment, the City urges this Court to hedge the uncertainty and likely delay
13 associated with the Judicial Council appointing a neutral judge to try this case in San Mateo. There is
19 a risk that finding and appointing a qualifiedjudge from a neutral county will delay the litigation,
20 and, once assigned, one of the parties will Hy to disqualify the assignment. Moreover, there is risk
21 that specially setting each and every step of this proceeding will delay this action.
22 Second, an appointed judge unfamiliar with San Mateo’s local rules and procedures and
23 having court staff specially set each step of this proceeding will be a burden on the stafi‘ and the
24 limited resources of this Court.
25 Third, Sacramento is a convenient forum for all parties. No counsel for the four parties
25 maintains an office in San Mateo County. Additionally, this action will not require parties to tesfify
27 0r otherwise attend court proceedings as it can be expected to be tn'ed on documents as it turns on
28 the construction of an integrated contract and few witnesses remain from its 1976 negotiation.
6
1837103
Located in reasonable distance of counsel and the parties, who range fiom Grass Valley to Santa
Cruz, Sacramento is an appropriate venue that tries many cases testing the respective authority and
obligations of contesting government agencies.
Lastly, and most importantly, Sacramento has the resources t0 resolve this action on a
regularly scheduled calendar quickly and efiiciently.
IV. CONCLUSION
The City requests this Court transfer this case t0 a neutral venue with the capacity to
efiiciently resolve it
—- Sacramento County or another neutral venue determined by this Court.
10
DATED: August 25, 2017 ATCHISON, BARISONE, CONDOTTI &
pc
11 KOVACEVICH
I40
a'Whaney.
12 ANTHONY P. CONDOTTI
SUIIE
95945-1356
I3
Drrve.

CA
14 WHATLEY, PC
Highamnh
College
Valley,
15
Slam:
Grass
l6 MICHAEL G. COLANTUONO
Colantuono. PAMELA K. GRAHAM
420
17 EDUARDO JANSEN
18 CITY 0F HALF MOON BAY
19
20
21
22
23
24
25
26
27
28
7
1837103
PROOF OF SERVICE
I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party within action.
to the My business address is 790 E. Colorado Boulevard, Suite 850,
Pasadena, California 91101.
On August 25, 2017,, I served the document(s) described as:

1. PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR MANDATORY
TRANSFER OF VENUE (CCP § 394); 2. MEMORANDUM IN SUPPORT, on the interested
parties in this actiOn as follows:
By placing D the original E a true copy thereof enclosed in a sealed envelope addressed
as follows:
10
D BY MAIL: The envelope was mailed with postage thereon fully prepaid. I am readily
PC 11 familiar with the firm’s practice of collection and processing correspondence for mailing.
140
Under that practice it would be deposited with the U.S. postal service on that same day with
Wharley.
12 postage thereon fully prepaid at Pasadena, California in the ordinary course of business. [am
SUITE
aware that 0n motion of the party served, service is presumed invalid if the postal cancellation
95945-5091
13 date or postage meter date is more than one day after service of deposit for mailing in
8c
Dr1ve,
afidavit.
14
nghsmlth CA
D BY OVERNIGHT DELIVERY: I placed such document(s) listed above in a sealed
envelope, for deposit in the designated box or other facility regularly maintained by FEDERAL
College
vaney.
15
EXPRESS (FEDEX) and/or GOLDEN STATE DELIVERY (GSO) for overnight delivery, caused
Sierra
16 such envelope t0 be delivered to the ofiice of the addressee(s) on the attached service list via
Gross
Coluntuono.
overnight delivery pursuant to C.C.P. §1013(c), with delivery fees fully prepaid 0r provided
420
17 for.
18 D BY E-MAIL OR ELECTRONIC TRANSMISSION: Based 0n a court order or an

agreement of the parties to accept service by e-mail or elecuonic transmission, I caused the
l9 documents to be sent to the persons at the e-mail addresses listed above. I did not receive,
20 that the transmission was unsuccessfill.
21 PERSONAL SERVICE: I caused such envelope to be delivered by hand to the addressee(s).
22
I declare under penalty of perjury under the laws 0f the State 0f California that the above is
23 true and correct.
24
Executed on August 25, 2017, at Pasadena, California.
25
\thwmflfl
'
Pamcl Jammiuo
27
28
CityofHalfMoon Bay v. Granada Community Services District, et aL PROOF 0F SERVICE

San Maeteo County Superior Case No. 17CIV03092
l820|L1
Jonathan Wittwer
WITTWER PARKIN LLP
Tel: 83 l 429—405 S
Fax: 83 I 429-4057
Counsel for Defendant Montara Water and Sanitarv District
David E. Schn'cker
10
PC
563 S. Murphy Avenue
11
Sunnyvale, CA 94086
140
Te]: 408-517—9923
wnafley. l2
SUITE
Fax: 408—900—8225
959456091
8: l3
Drlve.
14
nghsmlth CA
College
Counsel for Defendant SewerAuthoritv Mid-Coastsfide
Volley.
15
Carl Nelson
Slerro
16
Glass
2125 Oak Grove Road, Suite 21 0
Coluntuono.
420
17
Tel: 925-933—7777
18
Fax: 925-933-7804
E: cnelson@bpgmnj.com
19
20
2]
22
23
24
25
26
27
28
ii
City ofHaIfMoon Bay Granada Community Services

v. District, et a1. PROOF 0F SERVICE
182011.1
"
.._s
DAVID E. SCHRICKER, #36534

EELED 31f

563 South Murphy Avenue 'ZW UCT '3 A 10‘ ”u
Sunnyvale: CA 94086
Telephone. (408) 517-9923
a CLERK OF THE COURT
SUPERlOR co
1’
F CA
F I L ECOHMTY
E
SCANNED
Facsimile; (408) 900-8225 comm? em SAN M ATEO . H
99$
’
dschricker@3chrickerlaw.conf BYflm—jveé’ AU '_

2 4 2017 r
\DWQO'NKJ‘ILLAM
CHRISTINE C. FITZGERALD # 3 [531 1
FITZGERALD L_AW OFFICES

Telephone: (650) 348-5 195
Facsimile: (650) 239-1207
CMC/ Exempt From Filing Fees Pursuant
fitzgeraldlnw@sbcgiobaant
Ta Government Code Section 6103
Attorneys For Cross Complainant

MONTARA WATER AND SANITARY DISTRICT 1 7CV3 ll 6‘ 92 7

W5 IN AND FOR THE COUNTY OF SAN MATEO
CITY OF HALF MOON BAY, a municipal Case No. W369?”
corporation,
Plaintiff, CROSS COMPLAINT FOR
DISTRICT’S
DECLARATORY RELIEF
v.
NNNNNNNNNI—‘flr—‘r—‘r—‘HHH—H
BY FAX
OOQQMAWNP—‘OWOONJONL/‘IhWN—‘O

SANITARY DISTRICT;
Defendants,
17—CIV-03092
COMP
an d '
Cross Complaint
SEWER AUTHORITY MID-COASTSIDE, “min

H m Iwunmumwm

Cross-Complainant,
MON'I'ARA WATER AND SANTITARY DISTRICT’S CROSS COMPLAINT 17 ClV 03092

V.
CITY 0F HALF MOON BAY,

Cross-Defendant,
and
OMHONMALHNv—a

ReallParty in Interest.
COMES NOW Cross Complainant Montara Water and Sanitary District, a public agency, and
alleges as follows:
GENERAL ALLEGATIONS
l. Cross Complainant MONTARA WATER AND SANITARY DISTRICT (“MWSD”) is

and was, at all times relevant herein, a local agency duly organized under the Sanitary District Law
of 1923, also exercising the powers of a county water district pursuant to Health and Safety Code
Section 65 12.7, and now is existing and authorized as a Water and Sanitary District, with is
2. GRANADA COMMUNITY SERVICES DISTRICT ("GCSD") is and, at all times

N‘NNNNNNNNr—‘flr—‘v—ID—IHHHr—‘v—
relevant herein, was a local agency duly organized under the Sanitary Dism’ct Law of 1923, and now
OOQOxm-bWNHONOOOQQM-bm.N—'O
is existing and authorized under the Community Services District Law, with its principal place of
business in E1 Granada, San Mateo County, California.
3. Cross Defendant CITY OF HALF MOON BAY (“CITY”), is a general law city
organized under the Constitution and the laws of the State ofCalifomia and located in the County of
San Mateo.
4. Real Party in Interest SEWER AUTHORITY MID-COASTSIDE (“SAM”), is and was,
at all iimes relevant herein, a joint powers agency duly organized under the February 3, 1976
Agreement Creating The Sewer Authority Mid-Coastside, as revised by Amendments 1 through 8,
2
hereinafter called "the JEPA," pixrsuant to the Joint Exercise of Powers Law, Government Code
section 6500- et seq. SAM'S Member Agencies are the CITY, GCSD and MWSD. SAM is a public
entity separate from its member agencies and located in San Mateo County and has the power to sue
\OWSJQU’IALoJNa—n
and to be sued in its own name pursuant to the IPA and Government Code Section 6507.
5. SAM owns and operates a secondary wastewater treatment and disposal system which is
comprised of a treatment plant, an ocean outfall pipeline and a collection system that collects
sewage fi'om satellite collection systems serving the combined needs of the CITY, GCSD and
MWSD (“System”).
6. Upon formation of SAM in 1976, the System contained four (4) components, which
were built in two (2) Phases. The collection system was the first component ofPhascI and was built
in 1979. Known as the Intertie Pipeline System (“[PS”), it consists of approximately eight (8) miles
of force mains and gravity interceptors and pump stations that convey raw sewage fiom all Member
Agencies to SAM’s treatment plant. The IPS was initially constructed to connect the MWSD and
GCSD systems to a new ocean outfall located adjacent to the CITY’S then inoperable outfall line.
The cost of the initial installation of the [PS was shared equally between MWSD and GCSD, and the
NNNNNNNNNHI—lv—dh—ab—Ip—np—sp—IHH
cost 0f the new ocean outfall pipeline was shared between all three Member Agencies, to wit: ‘/2
OOQQUIkNNHOWOO‘JO‘Lh-AUJNHO
CITY, Va MWSD and 1A GCSD.

7. Thereafier, SAM implemented Phase II and chose to construct a single consolidated
treatment plant facility at the site of the CITY‘S then existing treatment plant, the goal of which was
to further consolidate the sewer functions of the Member Agencies. The plant was designed to treat
the combined flows from the individual collection systems 0f the Member Agencies, with the
capacity rights and construction costs that were previously allocated in Phase 1 re—allocared in
proportion to each Member Agency’s service needs 0f the WWTP. (CITY=50.5% MWSD=29.5%
GCSD=20%).
MONTARA WATER AND SANTITARY DISTRICT’S CROSS COMPLAINT l7 ClV 03092

8. Pursuant to the Phase II re-allocation ofcosts, the total expenses of Operating and
maintaining SAM’s System pomponents were and are allocated based on each Member Agency’s
flows to the treatment plant. These costs are part of the “Operations and Maintenance” expenditures
of SAM’s Genera] Budget for which all Member Agencies contribute in accordance with their
WWQQM$WNH
respective allocations and each fiscal year, SAM adopts a General Budget afier approval by each
Member Agency.‘ The IPA also requires the adoption of separate Project Budgets for specific
projects afier approval by each Member Agency. The Project Budget expenditures arc not bound to
be shared in a manner based on each Member Agency’s flows to the treatment plant.
9. Over the years, numerous répairs, rehabilitation and replacement of segments ofthe
pipeline and other lPS attendant facilities has consistently been interpreted as “maintenance" and
paid from the General Budget. The CITY has repeatedly contributed the cost of past operations and
maintenance of the IPS. The most recent example is fi'om the 2015-16 Genera] Budget where SAM
approved costs t0 rehabilitate the IPS pipeline by abandoning a failing segment of pipe and
installing a new section alongside it, as well as replacing existing air valves along another segment.
NNNNNNNNNu—IHr—II—ny—au—JH—n—Ih—I
10. All Member Agencies utilize and benefit fi'om the IPS, including the CITY. For
WQaM-fiWNHoomqam-fiWNF—‘o
example, the northern ponion of the CITY is served by the IPS by and through GCSD’s collection
system, which boundaries overlap with the CITY’S. "Rocket Farm's" and “Nurserymen’s
Exchange”, also located in the CITY, have direct connections to the IPS, either fi'om the CITY’S
collection system or directly to the intertie within CITY'S service area. The CITY also receives
indirect use of the IPS when, in wet weather, the CITY‘S discharge exceeds its collection and
transmission capacity and MWSD's & GCSD‘s flows are stored in the IPS pipeline so the CITY’S
I
The IPA further provides that liabilities, debts and obligations incurred by SAM be shared
between the Member Agencies in proponion to their allocation shares in the System.
4
MONTARA WATER AND SANTITARY DlSTRlCT’S CROSS COMPLAINT l7 CIV 03092
flow can be conveyed to the treatment plant.
FIRST CAUSE OF ACTION FOR DECLARATION RELIEF
11.
-The present dispute arises fiom the CITY’S refiJsal to approve SAM’s 2017-18 General
Budget which includfi expenditures for replacement 0f certain portions of the IPS pipeline and
OOOQQU'IAUJNt—g
repairs to the IPS attendant pumping facilities (“IPS Division Work”), which the CITY contends it is
not required to fund because it does not use or benefit fiom, or have capacity rights in the IPS and,
thus, requires a separate Project Budget.
12. MWSD approved SAM’s 2017-18 General Budget and contends that the IPS Division
Work constitutes pmper operation and maintenance expenditures.
13. There is an urgent need to repair and replace segments of the IPS and other attendant
pumping facilities and MWSD desires and is entitled to ajudicial declaration that the IPS Division
Work constitutes proper operation and maintenance expenditures under the General Budget.
14. An actual and present controversy has arisen and now exists between MWSD on the one
hand, and the CITY 0n the other. MWSD contends that the IPA obligates the CITY to pay its
allocated share of the cost of the IPS Division Work as a General Budget expenditure.
15. Moreover, MWSD seeks declaration that CITY is responsible to connibute its allocated
NNNNNNNNN———nu—-HHHHHH
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share of all liabilities, debts and obligations relatedto SAM’s System.
16. MWSD prays for declaratory as Specified more fully below.

PRAYER
WHEREFORE, Cross Complainant prays for relief as follows:
a. For ajudicial declaration that the IPS Division Work is part of the operations and
maintenance of SAM’s facilities and required to be paid from the General Budget.
MONTARA WATER AND SANTITARY DISTRICT‘S CROSS COMPLAINT I7 CIV 03092

FOr a judicial declaration that the JPA requires the CITY to approve the General'
Budget and contribute its allocated share based on flows to the WWTP to pay for the
IPS Projects as part ofthe operation and maintenance of SAM’s facilities;
For a judicial declaration that the IPA requires that the IPS Division Work does not
\OOOQQU'akaNu—n
require a Project Budget within the meaning ofJPA Section V(B).
For ajudicial declaration that IPS Division Work does not constitute a “project”
within the meaning of th:c IPA Section V(B).
For a judicial declaration that IPA does not authorize the City to withhold its
approval of the IPS Division Work or to withdraw from said projects to avoid further
financial responsibility.
For a judicial declaration that the CITY is not authorized to withhold its approval 0f
the General Budget for fiJture repair, rehabilitation and replacement work related to
the IPS.
For a judicial declaration that the System, and its components, are owned by SAM
and that the CITY is precluded fi'om withholding its approval of the General Budget
NNNNNNNNNn—nr—IWp—ap—au—on—ar—IHH
for all liabilities, debts and/or obligations arising fiom the System and its
components.
W‘JON‘J'I-bUJN—‘OVOW‘JQMAUJNHO
For ajudicia] declaration that the CITY utilizes and/or benefits fiom the IPS.
For a judicial declaration that the JPA requires the CITY to be financially responsible
proportionate to its allocated share for all liabilities, debts and/or obligations related
to SAM’s System.
For costs of suit and attorneys fees pursuant to Code of Civil Procedure Section
1021.5.
For such other and further relief as the Court deems proper.
6
MONTARA WATER AND SANTITARY DISTRICT'S CROSS COMPLAINT 17 CIV 03092
DATED: August 24, 2017
'

C ristine C.Fi gerald

'
oxoooqmmgmw._.
Attorneys for Cross Comp!
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OO‘JQM-h-WNHOWWMQM-PUJNH

'
PR 0F 0F 913R ICE
I declare that I am employed in the County of San Mateo, California. I am over the age of
eighteen years and not a party to this action. My business address is 345 Lorton Avenue, Suite
301, Burlingame, California, 94010. On August 24, I7, I sewed the within:
MONTARA WATER AND SANITARY DISTRICT’S CROSS COMPLAINT FOR

DECLARATORY RELIEF
DISTRICT AND MONTARA WA TER AND SANITARY DISTRICT
[ ] (BY PERSONAL SERVICE) l caused a copy 0f said pleading(s) to be hand delivered

l I (BY FACSIMILE) l caused a copy of said pleading(s) t0 be sent via facsimile

l j (BY FEDERAL EXPRESS MAIL) caused a copy of said p]eading(s) to be sent

I
via Federal Express Mail t0 the parties listed below:
[X] (BY REGULAR MAIL) caused a copy of said pleadings to be placed in a United States
I
'
addresses:
Anthony P. Condotti
Atchison, Barisone &
Condotti, APC
P.O. Box 481
Santa Cruz, Califomia 95061
Pamela K. Graham
Eduardo Jansen
Colantuono, Highsmith Wlmtley, PC&
420 Sierra College Drive, Suite I40
Grass Valley, California 95945—5091
Dated: A ugu st24, l7

NM w
,
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COLLEEN c. F1TZ¢ER
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DAVID SCHRICKER, #36534

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LAW OFFICES 0F DAVID E.

3%ch ,QCA .
10- uh
Sunnyvale, CA
94086 00
ERK 0F THE 0
Telephone: (408) 517—9923 SCULPE 0R 050 RT 05A
Facsimile: (408) 900-8225
dschrickcréflschrickerlaw.c0m
COUN .j, £qu .
EE
SCANNED OWCOx-IQU'I-DUJNy—a
CHRISTINE C. FITZGERALD # 3 531 l l

Burlingame, CA 9401 0
Telephone: (650) 348-5195
Facsimile: (650) 239-1207
filzgemldlaw@sbcglobaanl Exempt From Filing Fees Pursuanl
WC/ To Gov‘emment Code Section 6103
Attorneys For Defendant

’
1 7C V 31 6 92 '2!

///3 CITY OF HALF MOON BAY, :1 municipal Case N0. W309;—
corporation, _
MONTARA WATER AND SANITARY ,I
Plaintiff, DISTRICT’S ANSWER TO COMPLAINT FOF

DECLARATORY RELIEF
V.

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DISTRICT and MONTARA WATER AND BY FAX

OOfiom-PWN—OKOOOQQLIIADJNH
SANITARY DISTRICT;
Defendants. :7 :sv 930232

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SEWER AUTHORITY MID-COASTSIDE, ll:
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Real Party in Interest,
COMES NOW Defendant Montara Water and Sanitary District, a public agency (hereinafter
"Defendant” 0r “MWSD”) and answers the City OFHalfMoon Bay’s (“PlaintifP’ 0r “City”)
MONTARA WATER AND SANTITARY DISTRICT'S ANSWER TO COMPLAINT 17 CIV 03092

unverified Complaintfor Declaratory Relie_f(’“Complaint") as follows:
l. Answering the allegations of Paragraphs 7, 9 of the Complaint, the answering
Defendant alleges that it has no infomation or belief on these matters sufficient to answer the
allegations and, basing its denial on that ground, denies generally and Specifically, all and singular,
\OOO~JO\M#wN-—n
each and every allegation contained therein.
2. Answering the allegations ofParagraphs 1, 2, 3, 4, 5, 6, 10, 14, 15, 17, l9, 20, 21, 22,
23, 24, 25, 26, 27, 29, the Answering Defendant admits the following portions and denies generally
and specifically, all and singular, each and every remaining portion: that Real Party in Interest,
SEWER AUTHORITY MID-COASTSIDE (“SAM”), is and was, at all times relevant herein, a joint
powers agency duly organized by SAM's member agencies, i.e., Plaintiff, MWSD and Defendant
Granada Community Services District (“Parties”), under the February 3. 1976 Agreement Creating
The Sewer Authority Mid-Coastside, as revised by Amendments l through 8,'hereinafter "JEPA,"
pursuant to the Joint Exercise of Powers Law, Government Code sections 6500. el. seq.; and that the
JEPA defines the rights and obligations of the Parties as well as identifies the Intertie pipeline that is
the subject 0f this action.

NNNNNNNNN—tt—su—Ip—H—bfip—nu—‘H
3. Answering the allegations of Paragraph 8, the Answering Defendant admits that
OO-QGLIIAUJNHOWOOQQthLHNb-‘O
MWSD is and was, at all times relevant herein, a local agency duly organized under the Sanitary
District Law of 1923, also exercising the powers of a county water district pursuant to Health and
Safety Code Section 6512.7, and now is existing and authorized as a Water and Sanitary District,
with is pn'ncipal place of business in Montara, San Mateo County, California.
4. Answering the allegations ofParagraphs 13, l6, 34, 3S ofthe Complaint, the
answering Defendant denies generally and specifically, all and singular, each and every allegation
contained therein.
5. Answering the allegations ofParagraphs 18, 29, 30, 3 1, 32, 33, the Answering
2
MONTARA WATER AND SANTITARY DISTRICT'S ANSWER TO COMPLAINT l7 CIV 03092
Defendant admits all portions that are a matter of public record and denies generally and
specifically, ail and singular, each and every remaining portion contained therein.
6. Answering the allegations of Paragraph 28, the Answering Defendant re-allcges
Paragraphs 1
H 6 above as though fully set forth herein.
OWOOVQLh-RWNu—n
In addition, without admitting any allegations contgined in the Complaint, Defendant asserts
the following affirmative defenses based on information and belief:
FIRST AFFIRMATIVE DEFENSE
Defendant hereby incorporates each and every allegation contained in its Cross-Complaint in
the above-captioned action.
SECOND AFFIRMATIVE DEFENSE

The Complaint fails to state a claim upon which relief may be gmnted.
THIRD AFFIRMATIVE DEFENSE
The Complaint is uncertain, vague, ambiguous, improper and unintelligible.
FOURTH AFFIRMATIVE DEFENSE
The Complaint is barred under the equitable doctrine of unclean hands and other applicable
NNNNNNNNNu—np—au—np—Ar—AHt—Ip—uu—np—o
equitable doctrines.
FIFTH AFFIRMATIVE DEFENSE
OO‘JQMhWNHOOOOQQM#WN#
The Complaint is barred by the doctrine of laches.
SIXTH AFFIRMATIVE DEFENSE
The Complaint is barred by the doctrine ofestoppel.
The Complaint is barred by the doctrine of waiver.
EIGHTH AFFIRMA’I‘IVE DEFENSE
The Complaint is barred because the action is premature, is not ripe and no actual controversy
MONTARA WATER AND SANTITARY DISTRICT'S ANSWER TO COMPLAINT l7 ClV 03092

exists.
NINTH AFFIRMATIVE DEFENSE
Plaintiff is not entitled to the relief requested on the ground. that it would compel Defendant to
OOOQQWQUJNn—o
exercise its discretionary and/or legislative power in a particular manner.
TENTH AFFIRMATIVE DEFENSE
Plaintiff lacks standing to maintain this action.
ELEVENTH AFFIRMATIVE DEFENSE

'
The Complaint fails to join as parties, persons or entities who have or may have substantial
vested rights which may be impaired or lost entirely by virtue of this action and who, accordingly,
are indispensible parties within the meaning ofCode of Civil Procedure §389.
TWELFTH AFFIRMATIVE DEFENSE

Plaintiff is not entitled to attomeys’ fees under Code of Civil Procedure Section 1021.5.
THIRTEENTH AFFIRMATIVE DEFENSE
Plaintiff is required to arbitrate any dispute which is the subject matter of the Complaint.
NNNNNNNNNp—nn—HHu—au—‘r—AHHn—n
FOURTEENTH AFFIRMATIVE DEFENSE
Defendant reserves the right to amend this Answer to assert additional affirmative defenses
and to supplement, alter or change the Answer and defenses upon revelation of more definitive facts,
OO‘JO\M&WN_O\OOO\JO\M#WNHO
and upon the undertaking of diSCOVery and investigation in this matter.
PRAYER FOR RELIEF
WHEREFORE, Defendant prays for judgment as follows:
1. That Plaintiff’s Complaint for Declaratory Relief be dismissed with prejudice and
judgment entered in favor of Defendant.
2. For the declarations as set forth in MWSD’s Cross-Complaint.
3. The Court deny the declaratory relief requested.
4
MONTARA WATER AND SANTITARY DISTRICT'S ANSWER TO COMPLAINT l7 CIV 03092
4. For Defendant’s cost 0f shit herein, including reasonable litigation expenses, and
attomeys’ fees under Code of Civil Procedure §1021 .5.
5. For such other and further relief as the Court shall findjust and proper.
DATED: AugLst 24 ,
2017 FITZGERALD LAW OFFICES
\OOO‘dmm-D-DJNH
flkw‘LLTIL/DL
E/Christine C. Fitzgerald
Attorneys for Defendantfl
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MONTARA WATER AND SANTITARY DISTRICT‘S ANSWER TO COMPLAINT l7 CIV 03092

F F SER I .
E
I declare that I am employed in the County 0f San Mateo, Califomia. I am over the age 0f
eighteen years and not a party to this action. My business address is 345 Lorton Avenue. Suite
30] Burlingame, California, 940I0.

,
0n August 24, 17,1 served the within:
MONTARA WATER AND SANITARY DISTRICT’S ANSWER T0 COMPLAINT FOR

DECLARATORY RELIEF
San Mateo County Superior Court Case N0. I 7CIV03092
[ I (BY PERSONAL SERVICE) I caused a copy 0f said pleading(s) to be hand delivered

[
‘]
(BY FACSIMILE) I caused a copy of said pleading(s) to be sent via facsimile
[
'J
(BY FEDERAL EXPRESS MAIL) caused I a copy of said pleading(s) to be sent
via Federal Express Mai] to the parties listed below:
addresses:
Anthony P. Condotti
Atchison, Barisone Condotti, & APC
P.O. Box 481
Pamela K. Graham
Eduardo Jansen
Colantuono, Highsmith Whatlcy, PC &
I declare under penalty of perjmy under the laws of the State of California that the
Dated: August 24, l7

OJOWQA/(I fittQ/SMQDQ
COLLEEN c. FITZGEkAub
I;
Arrow on PARTY wnHou-r ATTORNEY gem. 51am Bu number, aadodm-afi‘r

EELEJHL) “b FOR COUR? USE ONLY
POS-91 5
Michael G. Colantuno (SEN 143551); Pamela K. Graham (SEN Zlesoshu

COLANTUONO, HIGHSMITH & WHATLEY 0C1—-3 Am.
420 Sierra College Drive, Suite l4 Jun
Grass Valley, CA 95945
OFT HCOURTA
00A
SCULEERK
ROR R0
TELEPH0N5N0.: 432—7357 FAxumoS (530) UETW QGF
eawmooaess (Opacnmx PGxaham@chwlaw us .
4r
('
Ammmomm; Plaintiff CITY 0F HALF Mb’o‘fi BAY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MRTEO tefb
smearADnREss: 400 County Cent'er r:
//4943
muncmpaesm ~
.93;
crmwo 2m cone Redwood City, CA 94063

same“ "ma Main Courthouse :53
'
I -
PLAINI'IFFIPEI'mONER: .
I u“;
-3_:
CITY OF HALF MOON BAY tj'
DEFENDANT/RESPONDENT:
GRANADA COMMUNITY SERVICES DISTRICT, et a1. ’EVCv318927
TO {insert name
NOTICE AND ACKNOWLEDGMENT OF RECEIPT—CIVIL
ofparfy belng servew: MONTERO WATER ANDfiANITARY DISTRICT

CASEHUMBER
m2 4
NOTICE
.The summons and other documents Identified below are being served pursuant to section 415.30 0f1he CalIfomla Code of 0M!
Procedure. Your failure to complete this form and return it within 20 days from lhe dale of mailing shown below may subJect you
(or the party on whosa be’hatf you are belng served) to liability for the payment of any expenses lnwrred In serving a summons
on you in any other manner perrnltted by law.
lfyou are being served on behalf of a corporation, an unincorporated association (induding a partnership). or other entity. lhls
form must be signed by you in the name 0f such entity or by a person authorized to receive service of process on behalf ofsuch
entity. In all other cases. this form must be signed by you personally Or by a person authorized by you to acknowiedge recelpi of
summons. lf you retu‘m this form to tha sender. service of a summons Is deemed complete on the day you sign the
eplmowledgment of receip1 below.
Dateofmaiflng: July 13, 2017
‘
PAMELA
[TYPE
K.
DR PRINTNAME]
smmm b kalbm
(SIGNATUREOF SWR—MUSTNDTBEAPMTYW‘D‘DSGASE)
ACKNOWLEDGMENT OF RECEIPT
17— CIV- 03092
Thls acknowiedges receipt of (to be completed by sender before mailing): NAB
Nance & Acknowledgment
1. A copy of the summons and of [he complalnt. o! Receipt o!
651839
2. Other: (specify):
Civil Case Cover Sheet

N‘otice of Case Management Conference “WM! U l l HWHHHH! Ill l
(To be completed
WWW
by recipient):
Date this form is signed; 07' fl. r//7
pad r'
X E. §ahm2 ker‘ p
("TYPE OR PRINT YOUR NAMEAND HNJEOF ENTITY. [F ANY. (SIGNATERE 0F PERSON ACMOWLEDOINB REBEFT.W|'I'H TITLE 1F
0N WHOSE BEHALF THIS FORM IS SIGNED) ACKNOWLEDGMENT IS MOE 0N BEHALF O-F ANO'IHER PERSON DR ENTITY)
Page 1 n!’ 1
Wm WW '°‘ “W‘M U" NOTICE AND ACKNOWLEDGMENT OF RECEIPT — CIVIL WWW" Procefiuro
JMIdad Courdlof Cufllfcmio
W15 [Rat January I. zoos] 0%“
Ffis
5541530. 417.10
I PROOF OF SERVICE
2 I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action. My business address is 790 E. Colorado Boulevard, Suite 850,
3 Pasadena, California 91101.
4 On August 16, 2017,, I served the document(s) described as: NOTICE OF

ACKNOWLEDGMENT OF RECEIPT - CIVIL ON DEFENDANT MONTERO WATER AND
5
SANITY DISTRICT, on the interested parties in this action as follows:
6
E By placing U the original E a true copy thereof enclosed in a sealed envelope addressed
as follows:
7
8
SEE PROOF 0F SERVICE LIST
9
'0
E BY MAIL: The envelope was mailed with postage thereon fillly prepaid. I am readily
familiar with the firm’s practice of collection and processing correspondence for mailing.
2 n Under that practice it would be deposited with the U.S. postal service on that same day with
postage thereon fully prepaid at Pasadena, California in the ordinary course of business. Iam
3
>1
g Z g aware that on motion of the party served, service is presumed invalid ifthe postal cancellation
12
g g g date or postage meter date is more than one day after service of deposit for mailing in
3 "j
g 13
affidavit.
d w o
5:;
5
: 14
o envelope, for deposit in the designated box or other facility regularly maintained by FEDERAL
2 §
g:
g
3'
15
EXPRESS (FEDEX) andfor GOLDEN STATE DELIVERY (GSO) for overnight delivery, caused
“E 0 such envelope to be delivered to the oflice of the addresscc(s) on the attached service list via
g
overnight delivery pursuant to C.C.P. §1013(c), with delivery fees fully prepaid or provided
g g 3 16
for.
g g g I
I
Q I7
:2)
U BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a coun order or an
18
agreement of the parties to accept service by c—mail or electronic transmission, I caused the
documents to be sent to the persozns at the e-mail addresses listed above. I did not receive,
19
within a reasonable time after the transmission, any electronic message or other indication
20
D PERSONAL SERVICE: I caused such envelope to be delivered by hand to the addressee(s).
21
22 I declare under penalty of perjury under the laws of the State of California that the above is
true and correct.

23
Executed 0n August 16, 2017, at Pasadena, California.

24
25 .
aha r&fi g?
Janet Beggs
26
27
28
.fu " ' '
San Maeo Coun Sup'ero Ce No. lchvo'o'92

1820l1.1
Counsel for Defendant Granada Comlmmity Services District
Jonathan Wittwer
WITTWER PARKIN LLP
Tel: 83 I 429-4055
Fax: 83 I 429-4057
Courzselfor Dgfendant Monram Water and Sanitary District
David E. Schricker
10
PC
II
Sunnyvale, CA 94086
140
Tel: 408-5 17-9923
Whotley.
12
SUITE
Fax: 408-900-8225
95945-509]
Sc
13
Dllve.
14
nghsmlth CA
College Counsel for Defendant SewerAut/toritp Mid-Coasmide

Valley,
15
Carl Nelson
16
Slena
Grass
BOLD, POLISNER, MADDow, NELSON & JUDSON
Coluntuono.
420

T61: ,.r:fl523:»925-933-7777
Faxflgifn
t1.
25933-7804
L); (U f Id
ii
'rpc Dirfrirf p! aI PRO OF OF SERVICE

San Maetco County Superior Case No. I7CIV03092
182011.]
TATE C5? CALfiJ’OflNT
OUNTVOFBANMA' .0
g
“
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I. [Indian M. Catalan. tho fllafi nf the Rupefior rm orlhe mm:

entry 13m Ihc
l'
nlng ls a Ml. true
vfiflund Calmw. dn hem: awn}
adwamyofthonahd onfllulnmyo co.udumlhm
omfull «rmpamdwnawl Lhanfinal.
Wmmmyhandnndmlol' ngcflurCoufl
r,
I
‘\
EELED POS-O15
FOR COURTUSE ONLY
AflOthE‘l 0R PARTY WTmOUT MTORN‘EY (Nona S'Iara Birmbon mdoddmsd:
Michael o. Colantuno LSBN 143551.); Pamela K. Gcahalfl‘vsfialfi%)
A yuu “
COLANTUONO. HIGHSMITH & WHATLBY

420 Sierra College Drive, Suite 14G CL
Gxaas Valley, CA 95945 cup
TELEFHOHENOJ (53 0) 432-7357 FMN9.(0paoaep:

flififl. (
2mm monass [0mm PGraham®chw1 aw us .
ATTORNEY Ponwamo); Plaintiff CITY OF HALF MOON BAY
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SAN MATEO

mmmmness: 400 County Center
wmmamonem
cmAHumcooe Redwood City, CA 94063
momma: Main Courthouse
PLAINTIFF/PETITIONER:
CITY 0F HALF MOON BAY
DEFENDANTIRESPONDENT:
GRANADA COMMUNITY SERVICES DISTRICT, et a1. i?cv316927
GAE NUMBER:
NOTICE AND ACWOMEDGMENT 0F REOEIPT—GIVIL
TO (Insert name ofpan’y being served): GRANADA CDMMUNIEPY SERVICES DISTRICT
NOTICE
The summonaand other documents Identified below are be1ng served pursuant to section 415.30 of1he Calrfornla Code of Clvn
Procedure. Your {allure lo complete this town and return ltwlthln 20 days from lhe date of malilng shown below may subject you
(or th‘e party on whose behalf youara balng served) to IIabnfly'for lhe payment of any expenses Incurred ln‘senfing a summons
on you in any other manner permuted by law.
Ifyou are being served on behalf of a corporation. an unInoorporated association (Including a partnership). or other entity, this
fo‘rm must be slgned by you in the name of such entity or by a persqn aulhorized to receive service of processon behalf ofalch
entity. In all other cases. this feTmmust be ngned by you personally or by a person duihorized by you to acknowledge receipt 01‘
summons. H you return thls fonn‘to the sender. service ofa summons ls deemed complete on the day yOu sign the
acknowledgmenk 01 raceIpt below.
Daienfmalltng: July l4, 2017
PAMELA K GRAHAM
{M’s om: HINT NAME)
. p
[SLOMWRE 0F SEEER—MUST NOT BE A FWD! m OSE)
ACKNOWLEDGMENT OF RECEIPT
This acknowledges receipt of (to be completed bysenderbefore mailing):
1. A copy ofthe summons and ofih‘e complalnl. 17— DlV-U3092
-
2. Other. (specify): NAB

Hotlce & Acknowledgment of Hccelpl of
Civil Case Cover Sheet 661 8 41
Notice of CaSe Management Conference
‘
l? l ll Iflll
(To be complegedby reclpf n ; I
Data ihls form Is signed: 3))?! 20/7
\Anaz’lfw M #wa/é EWQém-Ea/mm

H Mm. a1
W/MQ/Lwiflmsg/
’m : EOFEN'I‘I ale neopréné’oNAomowteo’c case .wrmnnem
(TYRE
oolltvfioreéoalgr‘tm Tags, Forwls' slum?! @‘No guMEHT rs MADEoN BEHALF oflNO‘ngflEfisofl o'n ENTITY)
Pam 1 of}
”35$; cmafwfigngggyflg‘” NOTICE AND ACKNOWLEDGMENT 0F RECEIPT

‘
_ CIVIL com:
Baum1w:
'
3°
POS-OiSlRDVJcmnry l. 2005] (fag
PROOF OF SERVICE
I am employed in the County of Los Angelcs, State of California. I am over the age of 18
and not a party to the within action. My business address is 790 B. Colorado Boulevard, Suite 850, ’
On August 16, 2017,, I served the document(s) described as: NOTICE 0F

ACKNOWLED GMENT 0F RECEIPT CIVIL ON DEFENDANT GRANADA -
COMMUNITY SERVICES DISTRICT. on the interested parties in this action as follows:

E By placing El the original E a true copy thereof enclosed in a sealed enveIOpe addressed
as follows:
10
BY MAIL: The envelope was mailed with postage thereon fully prepaid. I am readily
PC
ll
postage thereon fully prepaid at Pasadena, California in the ordinary course of business. I am
140
thtley. [2
aware that on motion of the party served, service is presumed invalid if the postal cancellation
SUITE or postage meter date is more than one day after service of deposit for mailing in
95945-5091
ggtyd
1 avit.
8c
13
Drlue.
I4
CA
nghsmnh
envelope, fer deposit in the designated box or other facility regularly maintained by FEDERAL
College
Valtey.
15
EXPRESS (FEDEX) and/or GOLDEN STATE DELIVERY (GSO) for overnight delivery, caused
such envelope to be delivered to the office of the addressce(s) on the attached service List via
Starla
l6 ?vemight delivery pursuant to C.C.P. §1013(c), with delivery fees fully prepaid or provided
Gross
or.
Colamuono.
420
17
El BY E-MAIL 0R ELECTRONIC TRANSMISSION: Based on a court order or mi
18
agreement of the parties to accept service by c-mail or elccu'onic transmission, I caused the
documents to be sent to the persons at the e-mail addresses listed above. I did not receive,
l9
20
D PERSONAL SERVICE: I caused such envelope to be delivered by hand to the addressee(s).
21
22 I declare Under penalty of peljury under the laws of the State of California that the above is
true and correct.

23
Executed on August 16, 2017, at Pasadena, California.

24
25
26 C7 aA/éc
5%“
am
Janet Beggs
x
27
28
Fir}: nfiHnéf Alarm Rn}: n G'rnn/m’rLf‘fimmun Hy Sen”??? DL'CD'I‘L‘IF fl! aL EROOF 0F SERVICE

San Maetco County Superior Case N0. l7CW03092
181011.]
Counsel for Defendant Granada Communitv Services District
Jonathan Wittwer
WI'ITWER PARKIN LLI’
Tel: 831-429- 4055
Fax: 831—429- 4057
'
C0 unsel for Defendant Moutara Water and Sanitary District
David E. Schricker
10
PC
II
Sunnyvale, CA 94086
140
Tel: 408-517-9923 _~ I
Whailey.
12
SUITE
Fax: 408—900-8225
95945-5091
E: dsch:icker@schrickerlaw.com
a Dtlve.
nghsmlih CA
College
Counsel for Defendant SewerAut/zoritv Mtd-Coastside
Vaney,
Sierra
Carl Nelson
Gzasa
I
Colonluono.
420
Walnut Creek, CA 945 98

Tel: 925- 933 7777
Fax; 925— 933- 7804
:5
27
23
ii
Gilli}. Dmx
6(5):;- lfllrifansfil v_Cn 11;:an r'nnqmunimflpnnfpi‘ nh‘h‘ifl PP f1] BRO 0F OF SERVICE
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Indwmctwpyofdw onfilalnmyommdthnlhm'e
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13mm
~n|
ANTHONY P. CONDOTTI, State Bar

TCODdOlti@ab0‘1&W-°°m
Naggidfib Exempt from Filing Fees
'
City Attorney, City of Half Moon Bay 23 _
ATCHISON, BARISONE, CONDOTTpszQoéac‘kfidw
333 Church Street LE
Santa Cruz, California 95060 SUPngngFCBlhgcgcha
Telephone: (83 1) 423-3383
Facsimile: (83 1) 423—9401
300‘” TY 0F
"~~~Qq.-~_
FSA CLARA
. I.
FILED
ammm COUNTY
*0
MICHAEL . COLANTUONO, State Bar No. 1435
AUG I 0 2017
SCANNED
MCoIantuonogchwlawns rm
PAMELA K. GRAHAM, State Bar No. 21 6309 .53
PGmham@chwlaw.us c3
EDUARDO IANSEN,
EJanscn@cthaw.us
State Bar N0. 302757 m
W3
COLANTUONO, HIGHSMITH & WHATLEY, PC “fl
m cw
P05:
’ [W 2 g:
10
Telephone: (530) 432—7357 Fr-n’ u eri vCURPovnum. em
“'*
PC
11
Facsimile: (530) 432-7356
Whofley.
140
SUIIE
12 Mmmmm
MOON
CITY OF HALF BAY
"T”N
iii? 36W“ W
95945-7356
W
13
& Drive. SUPERIOR COURT OF THE STATE OF CALIFORNIA
14
nghsmlth
CA
College
15
l?cvalsezy
Volley.
Slerra
16
Colontuono,
Grass
CITY OF HALF MOON BAY, a municipal CASE N0.

420
17 corporation, Unlimited Jw'isdiction
[8 Plaintifi‘s, (Case assigned to Hon. Robert Foiles / Dept 21)
v. PROOF OF SERVICE OF SUMMONS AND

COMZPLAINT 0N DEFENDANT
Q6 GRANADA SANITARY DISTRICT, SEWER AUTHORITY NIID-COASTSIDE
Cg; MONTARA SANITARY DISTRICT,
SEWER AUTHORITY MID—COASTSIDB,
22 Complaint Filed: July 11, 2017
Defendants.
23
24
25
26
27
28
PROOF OF SERVICE OF SUMMONS AND COMPLAINT 0N SEWER AUTHORITY MID-COASTSIDE

183109.!
Adamg/ Dr.Party withamafmmgc For’Caurt Use obit
COLANTUGNO, HIGHSMITH StWHATLEY. PC

ANTHONY P. CONDOTT! ISBN‘ 149885)
790 E. COLORADO BOULEVARD SUITE 850
PASADENA, CA 91 101
Telephone No} [2-1 3) 542-5700
Rgf No. orHle'Na:
momaern' Riajmsff
Insert nameaf Cami. andjudida! District ahd Branch Court:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO- SOUTHERN BRANCH-

HALL onusnce
91mg}; crrv OFHALFMOON BAY

Defendant.- GRANADA coMMUNrrY SERVICES Dlsmcr AND MONTARA WATERAND
snwrrARy pysTRIcr
PROOF 0F SERVICE Hem'ng Date 27m Depr/om Cas‘e-Num‘ber:
17CN03092
‘l. At the time ofservice Iwos at least 18 yea}: ofbge and no’t dpbfty to £th action.
2. J’serv'e‘d copies ofthe Summons and Complaint
3. a. Pargfserved: SEWERAUTHORITY'MlD-COASTSID'E.
-b.‘
Person served:- GEGRGE EVANS;ACCT.‘I‘EC.
4. Addrus Where the‘p'q'rty wa'sserv‘ect' 1000 CABRILLO HiGHWAY N.. HALF MDij'BAYrCA 9401 9
5. {served the party:

a. bypamonal service. I personallydellvered the: documemsflsted In Item 2 to 1115 party or person authorized t'o rece’IVe
process fnr-the party“) on. MDmJul 24 2017 (2) 'at:07:30 AM
‘
Rememblercbstfkerecpjoawamxal
6‘ Person Who Served Paper:
a. Edgar Mendez (201 5-0001 328 SF Coumy) d. wefF'eefo'rISeh/Ig'e wag? $
b. FIRST LEGAL NETWORK e. l'amm Régi'stered Califo'rnla Procé‘ss. Server
151 7 W. B'eVeery Blvd.

L05 ANGELES, CA 90026
c421 3} 250-11 11
7.- ! declare under penalty ofperjury tinder the Iawsofthesmtérof California Hid} theforegvlhgi: true and‘corr'ect.
. .-;...s......
Judlda1 Council Form PROOF 0F 1554761

Rule 21 504mm} Revjanuary‘1, 2007 SERVICE (3339947)
PROOF OF SERVICE
I am employed in the County of Los Angeles, State of California. I am over the age 0f 18
and not a party t0 the within action. My business address is 790 E. Colorado Boulevard, Suite 850,
4C )n August 10 2017, I as: PROOF OF SERVICE OF SUMMONS

served the document(s) described
x \ND COMPLAINT 0N DEFENDANT SEWER AUTHORITY MID-COASTSIDE, on the
5i nterested parties in this action as follows:
E By placing D the original a true copy thereof enclosed in a sealed envelope addressed
as follows:
10
[E BY MAIL: The enveIOpe was mailed with postage thereon filliy prepaid. I am readily
PC 11
postage thereon fully prepaid a1 Pasadena, California in the ordinary course of business. I am
140
Whalley,
12
aware that on motion of the party served, service is presumed invalid if the postal cancellation
SUITE date or postage meter date is more than one day afier service 0f deposit for mailing in
95945-5091
afiidavit.
I3
& Dlive.
14
nghsmlth CA
envelope, for deposit m
the designaxed box or other facility regularly maintainedu by FEDERAL
College
15
EXPRESS (FEDEx) and/or GOLDEN STATE DELIVERY (GSO) for overnight delivcxy, caused
Volley.
such envelope to be delivered to the ofiice of the addressce(s) on the attached service list via
overnight delivery pursuant to C.C.P. §1013(c), with delivery fees fiJIly prepaid or provided
Sleuo
16
Grass
for.
Colamuono.
420
l7
U BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order 0r an
18
agreement of the parties to accept service by e- mail or electronic transmission, I caused the
documents to be sent to the persons at the e-mail addresses listed above. I did not receive,
within a reasonable time after the transmission, any electronic message or other indication
l9
that the transmission was unsuccessful
20
U PERSONAL SERVICE: Icaused such envelope to be delivered by hand to the addressee(s).
21
22 I declare under penalty of pexjury under the laws of the State of California that the above is
true and correct.

23
Executed on August 10, 2017 at Pasadena, California

24
25
26
OQ £33558“
27
28
San Maemo County Superior Case No. I7CIV03092

[82011.1
Jonathan Wittwer
WITrWER PARKIN LLP
Tel: 83 1-429-4055
Fax: 83 1—429-4057
Counsel for Defendant Montara Water and Sanitary District
David E. Schricker
10
PC
ll
140
Sunnyvale, CA 94086
Tel: 408-5 I 7-9923
Whailey.
I2
SUITE
Fax: 408-900-8225
95945-6091
E: dscluicker@schrickerlaw.com
8: 13
Dfive.
14
nghsmlth CA
College
Counsel for Defendant SewerAuthoritv Mid—Caastside
Volley. 15
Carl Nelson
Slerro
16
Gross
Colcntuono.
420
[7
Tel: 925—933—7777
18
Fax: 925-933-7804
E: cnelson@bpgmnj .com
19
20
2}
22
23
24
25
26
27.
28
ii
C53}: annlfiMgn‘n Rm; v {?r/mndn pnmmunih! garlic?“ Diftrift Pt (2] PROOEOF SERVICE
San Mame?) County s’uperior Case No. 17CN03092
1820ll.1
lznn hue 10 p u: 613
SUMMONS SUM‘W"
(CITA CION JUDICIA L) (50L?§:&“5§o”§§3‘€5m
NOTICE To DEFENDANT:
(Awso AL DEMANDADO): g XE EEg y E Ed E L
GRANADA COMMUNITY SERVICES DISTRICT and {AN MATEO COUNT"
MONTARA WATER AND SANITARY DISTRICT am] 0m _ ,
.
SEWER AUTHORITY MID-COASTSIDE, Real Party 1n Irrvtefi‘aslg‘ 4'3

JUL 1 1 2m?
CLERK 0F
SUPERIOR C
You ARE BEING sueo BY PLAINTIFF: COUNTY '
(Lo ESTA DEMANDANDO EL DEMANDANTE): fi

)
BY—MM;
CITY OF HALF MOON BAY, a municipal corporation
NOTICE] You have been sued. ”me

‘
court may decide against you without your being heard un1ess you tespond withiWays. Read the information
below.
You have 30 CALENDAR DAYS afier this summons and legal papers are served on you to flle a written response a is court and have a copy
served on the plaintiff. A Keller or phone cal] will not protect you. Your written response must be in proper legal form If you want the court to hear your
case. There may be a court form [hat you can use for your response. You can find these court forms and more lnfonnatlon a! the California Couns
Online Self-Hefp Center (wmmourfinfo.ca.gov/se!flzelp), your county law fibrary, or the couflhouse nearest you. If you cannot pay the ffiing fee. ask
the court clerk for a fee waiver form. If you do not file your response on time. you may rose the case by default. and your wages. money. and property
may be taken without further warning from the court.
There are other legal requirements. You may want lo call an attorney right away. If you do not know an attorney. you may want lo call an attorney
SCANNED referral service. If you cannot afford an afiorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate
these nonprofit groups at the California Legal Services Web site (wmv.lawhelpcalifomla.org). the Cafifomia Courts Onllne SeIf—Help Center
(mvwxourflnfocagov/selflrelp). 0r by contacting your local court or county bar association. NOTE: The court has a statutory Hen for waived fees and
costs on any settlement or albitration award of $1 0.000 or more in a civil case. The court's lien must be paid before the courtwil! dismiss the case.
1A V1801 Lg han demandado. Si no responde dem‘ro d9 30 dies, Ia cone puede decidir en su contra sin escuchar su versr'én. Lea Ia informacfén a
conflnuaci n
"nene 30 DIAS DE CALENDARIO después de qua (e enfreguen esra citacién y papeles legales para presenter una respuesta par escriro en esta
corfe y haoar que se entregue una copia a1 demandante. Una cane o una lfamada telefénfca no lo pmlegen. Su respuesfa por escn'ro liens que estar
en formafo legal correcto sl dasea que procesen su caso en Ia corte. Es posible que haya un formulario que usied pueda usar paw su respuesra.
Puede encontrar estos fonnularios d9 la code ymés Informacldn en a} Centro d9 Ayuda de las Cortes de Caflfomla Mww.sucor1eca.gov), en Ia
biblioreca de [eyes de su condado o en la carts qua le quede mas cerca Si no puede pager Ia cuota d9 presentaclén, pida e! secretario de la code
que le dé un formuIan'o d9 exencldn de pago de cuofas. SI no presents su respuesfa a tlempo, puede pelder e! caso porincumpfimiento y Ia cone Ie
podré quitar su suefdo, dinem y bienes sin més advedancial
Hay arms requisiros legales. Es recomendable que Hams a un abogado inmedfatemente. 81' no conoce a un abogado, puede flamers un semicio de
mmlsidn e abogados. S! no puede pagara un abogado, es posible que cumpla oon Ios requisites para obtener servicios legales gratuitos d9 un
programa de serviclos fegafes sin fines de Iucro. Pueda encontrar estos grupos sfn fines de lucm en e! sifio web de California Legal Services,
(www.lavmelpcalifomia.org), en el Centm de Ayuda d9 Ias Cortes de California, (www.suco rte.ca.gov) o poniéndose en contado con Ia code o e]
oolegio de abogados locales. A VISO: Porfey, Ia code Ilene derecho a reclamar Ias cuofas y los oosfos exentos por imponer un gravamen sabre
cualquier recuperaclén de $10,000 é més de valor mcibida mediante un acuerdo o una concesldn d9 arbitraje gn un caso de derecho civil Tiene que
pager el gravamen de la oorfe antes de que Ia oon‘e pueda desechar el caso.
he name and address ofthe court Is: CASE NUMBER:
(El nombre y direccién d9 Ia code es): (Namero dc! Caso):
SAN MATEO COUNTY SUPERIOR COURT

HallofJustice
‘UV'VVVVVW
400 County Center
1 7CV31 6 99, ’7
Redwoord City, CA 94063
The name, address, and telephone number of plaintiffs attorney. or plaintifi‘ without an attorney. is:
(E! nombre, Ia direccién y el mjmero de tele'fono del abogado del demandante, o d9! demandante que no tiene abogado, es):
Michael Colantuono (SEN 143551) Pamela K- Graham. (SEN 216 9)
,
COLANTUONO, HIGHSMITH & WHATLEY PC ,

Grass Valley, CA 95945 Tel: (530) 432-7357
DATE: July ll ,
2 017 Clerk, by \ , Deputy
(Fecha) RODlNA M. CATALANO (Secretaflo) \ \ (Adjunto)
(Forproof of service of {his summons, use Proof of Service of Summons (form POS~O10).) h _ h
NH~—~«
(Para prueba de entrega d9 esta citatién use el formulan‘o Proof of Service of Summons. (POS-O1 E . m ‘ ‘
NOTICE TO THE PERSON SERVED: You are served w.

D
:21
‘ '“ £-
as an individua! defendant
1.
2. D as the person sued under the fictitious name of (spedfil): Pr

‘
=
3. D on behalfof (specify):
w,
D
under.
C]
CCP 416.10
CCP 416.20
(corporation) D
a CCP 416.60
CCP 416.70
(minor)
D CCP 416.40
(defunct corporation)
(associatjon or partnership) D CCP 416.90
(conservatee)
(authorized person)
Form Adoptedtor Mmdatwy Use

4. D D other (specify):
by personal delivery on (date):
SUMMQNS Code 91cm Procedure §§41220. 455
Page 1 on
Judicial
sumac
Cmndl oi
me
Cafi‘om’a
2009]
80%.?
(Rev. 1.
Q1 P
«I
i?\ ll
2
ANTHONY P. CONDOTTI, State Bar
acon dotti@abc—!aw. com
ATCHISON, BARISONE & CONDOTTI, APC
NOMED Exempt from Filing Fees
Q P..OBox 481 79W UCT--3 A l0:
.
113
3
Santa Cruz,CA95061
9%
'
Telephone: (831) 4404289

‘53 4
Facsimile; (831)576-2269 Sfil-EERKOOFCTOHE ?%URT
(.0 Co“ I
I
5
MICHAEL G. COLANTUONO, State BamMBS
PGraham@chwlaw. us
EDUARDO JANSEN, State Bar No. 302757 ~
-_I
EJansen@cthaw.us '
1l J3_"l
COLANTUONO, HIGHSMITH & WHATLEY, PC c-n
420 Sierra College Drive', Suite 140 {m}
Grass Valley, CA 95945- 5091 ix
n
Telephone. y(530) 432-7357 :4
10
Facsimile: (530) 432—7356 ‘t‘rh
Hg,
~
PC [I
140

>
1 7 C v 31 8 9 2 7
Whotley,
12
sung
95945-5091
I3
a DRIVE.
CA 14
nghsmlih
COLLEGE
15
-
VALLEY.
1
l 6
CITY OF HALF MOON BAY, a municipal CASE NO.
SIERRA
GRASS
Colantuono.
420 17
Plaintifi, (Case assigned to Hon. )
18
v. COMPLAINT FOR DECLARATORY

19
RELIEF
20
MONTARA WATER AND
DISTRICT and
21 SANITARY DISTRICT,
22 Defendants.
23
and
24
25
SEWER AUTHORITY IvflD-COASTSIDE,
Real Party In Interest.

”I fi H”; >
,
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26 éw
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181953.!
1AA.”— 4-;
Petitioner City of Half Moon Bay (“City”) by this Complaint for Declaratory Relief
(“Complaint”) alleges as follows:
INTRODUCTION
1. The City of HaIfMoon Bay, Montara Water and Sanitary District (“Montara”), and
Granada Community Services District (“Granada”) formed the Sewer Authority Mid-Coastside
(“Authority”) pursuant t0 a 1976 Joint Exercise 0f Powers Agreement (“IPA”) to construct, own, and
operate regional wastewater treatment facilities to meet the very high cost of upgrading those
facilities to then-new federal standards. The Authority’s treatment facilities receive wastewater from
10 separate sanitary sewer collection systems owned by the City, Montara, and Granada — three
PC ll communities on the “Coastsidc” of northern San Mateo County. The IPA obliges the City, Montara,
140
Whailey.
SUIIE
12 and Gianada t0 bear the cost to fund capital improvements and replacements of facilities that benefit
95945609]
& DRIVE.
l3 them in proportion to their respective benefit, and protects each fiom any duty to fimd upgrades and
nghsmlth
CA 14 replacements of facilities it does not use. A dispute has arisen between the City, on the one hand, and
COLLEGE
VALLEY.
15 Montara and Granada, 0n the other, as to whether the City must share in the cost of $4.4 million in
SIERRA
GRASS
16 capital projects to replace portions 0f the Intertic Pipe System (“Intertie”) — a sewer force main and
Colaniuono.
420 l7 associated tanks, pumps, and mechanical and electrical components that convey wastewater from
18 Montara’s and Granada’s sewer collection systems to the Authority’s treatment plant in the City of
19 Half Moon Bay. The City brings this action t0 clarify its financial obligations pursuant t0 the IPA. A
20 true'and correct copy of the IPA and its eight amendments to date arc attached to the Complaint as
21 Exhibit A and a compilation bf thoée doéuments is attached to the Complaint as Exhibit B and both
22 are incorporated here by reference.‘
23 2. The Intertie was constructed shortly after the Authority was formed in 1976. Granada
24 and Montara funded the portion of the Intertig’s construction costs not funded by state and federal
25
26
Exhibit A, as attached to the Complaint, includes the original 1976 JPA, as well as all eight
1
27 amendments td the JPA to date. Exhibit B, as attached to the Complaint, is a consolidation of the JPA
and its amendments prepared by the Authority’s stafi‘, which accurately reflects the amended
28 agreement, but that has never been approved and executed by the City, Granada, and Montara It thus
bears the relation to the adepted JPA and its amendments that the West‘s or Deering’s Codes bear to
session laws —
they are reliable evidence of the law, but they are not law in and of themselves.
1

181953.]
grants. The City was assigned no benefit from the Intertie, and thus had no burden to fund it. The
City-owned collection system does not drain to the Intenie, and in fact the Intertie has no capacity to
accommodate wastewater generated in the City’s sewer service area. Granada and its collection
system serve part of the City, thus the City distinguishes its entire area from its sewer—service area.
3. Like ali public work projects, the Intertie was constructed t0 be operated and
maintained for its useful life. Even with appropriate operation and maintenance, the Intertic would
eventually need to be replaced, as the JPA acknowledged. That time has come. Afler four decades 0f
use, significant portions of the Intertic are failing and must be replaced. The Authority has estimated
a cost of $4.4 million to replace the portions of the Intertie it designated as most critically in need of
IO replacement This sum will not fund replacement of the entire Intertie. It is imperative that the most
PC
11 critical replacements be funded promptly to ensure safe and lawful operation of the Authority’s
140
&.Wha1ley.
SUITE
regional collection and treatment systems and f0 protect public health, safety and the environment
95946-5091
13 4. The JPA anticipaied this need to replace the Intertie, and obligates the agencies that
DRIVE
Highsmlth
CA l4 benefit from it to pay for its replacement — Granada and Montara The IPA does not obligate the
COLLEGE
VALLEY.
IS City t0 fund any portion of the Intertie since the City derives no capacity rights 0r other benefits
SIERRA
GRASS
I6 from it
Colontuono,
420 I7 5. Gmnada and Montara have ncverthciess taken the position the City must contribute to
IS the cost to replace the Intertic. That position contradicts the language and intent of the JPA. Since the
19 creation 0f the Authority, the City has funded many capital projects. Going above and beyond its
20 legal obligations, as a member 0f the Authority, the City has been a responsible partner and
21 environmental steward, protecting the infrastructure needs of the coastal community and ifs
22 treasured landscape. The City, however, also has a fiduciary duty to act in the best interests of its
23 own ratepayers — interests contemplated and protected by the IPA. The City cannot contribute t0
24 $4.4 million in capital projects it is not legally obligated to fund and from which its ratepayers derive
25 no benefit
26 6. While the City is hopeful the parties to this suit will continue to seek to resolve their
27 difierences so that the critically needed Intenie replacements can proceed promptly, the City seeks
23
2
1819511
rs,
this Court’s assistance in interpreting the JPA and declaring the City’s, Granada’s, and Montaxa’s
rcSpective obligations to fund the Intertie.
PARTIES
7. Plaintifi‘ City is a general law city organized under the Constitution and laws of the
State of California and located in the County of San Mateo County.
8. Defendant Montara is a public agency organized and existing under the laws of the
State 0f California and located in County of San Mateo. Montara was known as the Montara
Sanitary Agency when the IPA was executed in 1976. Afier special legislation conferred the powers
10 0f a county water district upon Montara in 1992, it changed its name t0 the Montara Water and
PC ll Sanitary District.
140
Whatley,
SUITE
12 9. Defendant Granada is a public agency organized and existing under the laws of the
95945-5091
8c DRIVE.
I3 State of Califomia and located in County of San Mateo. Granada was known as the Granada
nghsmlth
CA 14 Sanitary Agency when the IPA was executed in 1976, but was reorganized as the Granada
COLLEGE
VALLEY.
15 Community Services Disuict in 2014.
SIERRA
16 10. Real Party in Interest Authority is a public entity created by the IPA among the City,
GRASS
Colantuono.
420 l7 Montara, and Granada. The Authority is governed by a six-member board of directors comprised of
18 two City councilmembers and two members each of Montara’s and Granada’s boards ofdirectors.
I9 Under the JPA, most Authority decisions arc by majority vote, with each City representativa having
20 two votes and each of the Montara and Granada representatives having one. As a result, many
21 Authority decisions fail on a 4-4 tie vote, when City representatives oppose Granada and Montara
22 representatives on an issue. A public entity separate fiom its member agencies, the Authority was
23 created pursuant t0 Title 1, Division 7, Chapter 5 of the California Government Code (the “Joint
24 Exercise of Powers Act”). Located in the County of San Mateo County, the Authority has the power
25 to sue and to be sued in its own name pursuant to Section II, paragraph C, subparagraph (7) of the
26 IPA and Government Code section 6507. (Exhibit B, Section II, para. (C)(7).)
27
28
3
[31953.1
jURISDICTlON AND VENUE
11. The Court has jurisdiction over this matter under Code of Civil Procedure section
1060 er seq. because the City desires a declaration 0f its rights and duties with respect to the JPA and
Defendants.
12. Venue is proper in this Court pursuant to California Code 0f Civil Procedure
section 394 because all Defendants arc situated in San Mateo County.
13. The City is also entitled to a transfer 0fthis action to a neutral venue under California
Code of Civil Procedure section 394, subdivision (a) because the City brings this action against other
local agencies.
10
PC
140
11 GENERAL ALLEGATIONS
Whailey.
12
SUITE
14. On February 3, 1976, the City, Montara, and Granada entered into the JPA to create
95945-509]
8c 13
DRIVE.
the Authority for the planning, acquisition, construction, reconstruction, alteration, replacement,
CA l4
nghsmlth
repair, maintenance, operation, and control 0f sewer infrastructure for the San Mateo coast.
COLLEGE
VALLEY.
15
(Exhibit B, Section II, para. (3).) The Authority has since operated and maintained existing sewer
16
Colamuono,
SIERRA
GRASS
infiasn'ucture and funded and developed new sewer infrastructure pursuant to the IPA. (Ibid) The
420 17
City, Montaxa, Granada, and the Authority continue t0 rely on the IPA to “jointly exercise
18
common power [to treat and dispose 0f sewer] in the manner set forth [by the JPA ”.
(Ibid)
19
The Intertie — Construction, Useful Life_, and Proposed Replacement
20
15. The Authority constructed the Intertie under Phase I of the JPA, shortly after the JPA’s
21
1976 execution. The Intertie’s construction, net of state and federal grants, was funded only by
22
Granada and Montara, with the City assigned n0 benefit from, and thus no burden to fimd, it.
23
(Exhibit B, Section IV, para (B)(1)(a).) The JPA provides:

24
25 Phase I of the system is composed 0f the following three components, with capacity
26 rights, construction costs, and operation and maintenance expenses being shared as
27 specified below (i) An Intertic pipeline and attendant pumping facilities,
28
4
18l953.1
connecting the Montara and Granada systems to a new ocean outfall, shared equally
between Montara and Granada.
(Ibid. [emphasis addch.)
I6. The City’s sewer collection system does not drain to the Intertie, and the Intertie has
no capacity to accommodate wastewater generated in the City’s sewer-service area. Indeed, the
Intertie cannot accommodate wastewater from the Montara and Granada collection systems without
the use 0f a storage tank for each of the agencies to equalize peak flows into the Intertic.
17. Like all public works projects, the Intertie was constructed to be operated and
maintained for its useful life. (Exhibit B, Section IV, para. (B)(1)(d)(iii).) While the JPA does not
10 specify that useful life, the parties to the JPA foresaw that, even with appropriate operation and
Pc 11 maintenance, the Intertie would eventually require replacement Thus, the JPA provides, “each
14o
Whatley.
12 member agency hereby agrees t0 utilize the Phase I components as said components are completed
sung
?5945-5091
a DRIVE.
I3 and available for use, and to ensure the proper operation and maintenance of same in accordance
CA 14 with the requirements of the Regional Water Quality Control Board for the useful life thereof.”
Highsmllh
COLLEGE
VALLEY.
15 (Ibid. [emphasis added].) Afier four decades of use, critical portions of the Intertie must now be
GRASS
16 replaced.
31mm
Colcnruono.
420 l7 18. The Authority estimates it will cost approximately $4.4 million to replace these most
18 critical components ofthe Intertie. The Authority’s staff included that cost in the Authority’s
l9 proposed 2017—2018 General Budget That proposed budget, if approved and implemented, would
20 purport to obligate the City to bear approximately half the cost to replace critical portions of the
2] InterLie. However, the City does not use, benefit from, or Have any capacity rights in the Intenie.
22 (Exhibit B, Section IV, para. (B)(1)(a)(i).) Thus, adoption of the 2017—2018 General Budget as
23 proposed would purport to obligate City ratepayers to fund half the cost of a $4.4 million capital
24 project the City has no use for, £10 right to use, and no obligation to fund — contrary to the JPA.
25 19. Under the JPA, a member agency’s share of the Authority’s general fund is based on
26 its share offlows to the Authority’s plant. (Exhibit B, Section IV, para. (B)(4).) Based on its flows,
27 the City is responsible for a bit more than half of the Authority’s general fimd. By contrast, only
28
S
1819531
member agencies participating in a particular capital project contribute to its budget (Exhibit B,
Section V, para. (B).)
The lntertie Replacement is a Project Requiring a Project Budget
20. The JPA distinguishes capital proj cots —— to be funded by project budgets from
general maintenance, operation, and administration costs — to be funded by the general budget. The
$4.4 million capita! replacement 0f the Intertie is a capital project for which MontaIa and Granada
must approve a proj ect budget, as those entities alone will benefit from, and therefore must fund it.
21. The IPA provides the Authority‘s general budget is “the approved budget applicable
t0 the expenses of administration of the Authority and operation and maintenance of the facilities.”
10 The general budget “shall include the following:

(Exhibit B, Section I, para. (h) [emphasis added].)
PC ll
mo (1) the general administrative expenses of the Authority ...; (2) the expenses of operating and
12
Whatley,
SUITE maintaining any improvements ...; (3) all revenues accruing t0 the Authority, including the
95945-5091
13
& DRIVE. assessments allocated among the members agencies to cover the general administrative, operating
nghsmith
CA [4
and maintenance expenditures ...”. (Exhibit B, Section V, para (A)(1) — (3) [emphasis added].)
COLLEGE
VALLEY.
15 “the approved budget applicable t0 a
22. By contrast, the IPA defines a project budget as
SIERRA
GRASS
16
particular study, plan or faciiity.” (Exhibit B, Section I, para. (m).) A project “may include a study, a
Colcmuono,
420 I7
plan, or a facility.” (Exhibit B, Section I, para. (1).) A “[p]roject budget may include the following:
18 expenses allocated to the project; (2) the costs 0f studies and
(1) the Authority’s administrative
I9 planning for the project; of engineering and construction of the project; (4) the
(3) the cost
20 allocation among the participating member agencies of the total project costs including but not
21 necessafily limited to admirfistration, planning, design, construction and operation and maintenance;
22 to the Authority for the proj ect fiom whatever source.” (Exhibit B, Section
(S) any revenues accruing
23
V, para (B)(1) — (5) [emphasis added].)
24 23. “Construction” and “maintenance and operation” have independent meanings in the
25 IPA and in common usage. The JPA consistently distinguishes the two. (Exhibit B, Section I,
26 “facilities” as “any buildings, works,

para. (d) [defining “construction”], Section I, para. (0 [defining
27 improvements 0r property acquired, constructed, maintained, managed, operated or controlled by”
28 the Authority]; Section VII, para. (A) [before “construction of any project,” Board must determine if
6
1819531
Authority will “maintain andfor operate such facilities”].) Section IX also distinguishes among
“acquisition, construction, maintenance, operation, repair, reconstruction or enlargement ofthe Joint
system.” (Exhibit B, Section 1X.) Similarly, the JPA’S statement of purpose separately lists the
Authority’s purposes as: construction, reconstruction, and maintenance and operation. (Exhibit B,
Section II, para. (B) [“Puxpose of the Agreement The parties hereto have in common the power to
plan for, acquire, construct, reconstruct, alter, enlarge, replace, repair, maintain, manage, operate and
control facilities for the collection, transmission, treatment and disposal of wastewater .”]; see
also Exhibit B, Section H, para. (C)(4).)
24. The use of these terms in series shows each has independent meaning and
10 “maintenance and operation" do not include “construction” or “rcconsimction.” Otherwise, oniy one
PC ll would be stated. (McCarther v. Pacific Telesis Group (2010) 48 Cal.4th 104, 110 [“A construction
140
Whafley.
sune
12 making some words surplusage is t0 be avoided.”]; cf. Manufactw'ers Life Ins. C0. v. Superior Cour!
95945-509]
8c
l3 (1995) 10 Cal.4th 257, 274 [“Well-established canons of statutory construction preclude a
DRIVE
nghsmlth
CA 14 construction which renders a part of a statute meaningless or inoperative.”].)
COLLEGE
VALLEY.
15 25. Many factors support the City’s position — the age of the Intertie and its finite useful
SIERRA
GRASS
16 life, the replacement nature of that project is now in dispute, the significant cost of that proj cct, the
Colamuono.
420 17 nature of the costs t0 be incurred, the City’s lack of benefit from the Intertie, and the JPA’S
18 distinction 0f “construction” fiom “maintenance and operation.” The $4.4 million capital
19 replacement of the most critical Intertie components must be funded pursuant t0 a capital project
20 budget and not the general budget. A $4.4 million project to replace infi-astructure that has reached
21 its useful life is not “the expenses of operating and maintaining improvements” or “geheral
22 administrative expenses.” Instead, the Intertie replacement projects disputed here require planning,
23 engineering, and construction costs t0 be funded by a project budget. (Exhibit B, Section V,
24 para— (BXI) — (5).)
25
The City, Granada and Montara Can Withdraw From Projects
26 — Including the lntertie
27
26. Under the IPA, any 0f the City, Montara, or Granada may withhold its approval of
28 unanimous approval of the agencies

capital projects and proj ect budgets. Project budgets require that
7
I8l953.1
J xv
benefit fiom, and are therefore obliged t0 fund, the associated projects. (Exhibit B, Section III,
para. (F)(3) &Section V, para. (B).) A project cannot begin “without consent of every participating
member agency.” (Exhibit B, Section HI, para. (F)(4).) Ifthe City withdraws from a project, it is not
obligated to contribute to that project’s budget nor may it benefit fiom that project. (Exhibit B,
Section V, para. (C)(2).)
27. Accordingly, the City can withhold its approval of the Intertie proj ect budget. If so,
the City will not be obligated to pay for the Intertie and will not be entitled to any benefits from the
Intertie project. (Exhibit B, Section V, para. (C)(2).)
10
FIRST CAUSE OF ACTION
PC
11
DECLARATORY RELIEF
140
Whoney.
SUITE
12 (AgainstAll Defendants)
95945—509]
8: 13 28. The City realleges paragraphs 1 through 27 above as though set forth fully here.
DRIVE
nghsmh‘h
CA 29. An actual and present conuovcrsy has arisen and now exists between the City, on the
COLLEGE
VALLEY.
15 one hand, and Defendants on the other. The City contends the IPA does not oblige the City to fund
SIERRA
GRASS
16 any part of the $4.4 millibn Intertie capital replacement projects disputed here — projects to replace
Colunluono,
420 l7 portions of the Intertie that the City has not used and will not use, benefit from, nor possess capacity
18 rights in. Defendants, on the other hand, contend that replacing portions of the Intertie constitutes
19 “operation and maintenance” and is therefore a general budget expenditure for which the City must
20 bear more than half the cost

V
21 30. The JPA requires the Authority’s annual general budget be presented to its Board no
22 later than the “March meeting 0f the Board.” (Exhibit B, Section V, para (A).) The Authority’s
23 proposed 2017—2018 General Budget “was discussed at the March 27, 2017 board meeting and was
24 submitted to the member agencies on March 28, 201 7, for feedback.” (Exhibit C, Authority’s June
25 26, 2017 Board Meeting, Agenda Item N0: 8A, Staff Report, pp. 1
— 2.) Since then, the member
26 agencies have negotiated regarding the proposed 2017—2018 General Budget which — as presented
27 by Authority stafi to its Board — included the $4.4 million Intertie Replacement projects. Authority
28
8
‘

[81953.1
staff did not present a separate project budget for the Intertie replacement projects, as the City
contends is required.
3 1. At the Authority’s June 12, 2017 meeting, the City’s representatives on the
Authority’s Board stated they would approve the Authority’s 2017—201 8 General Budget on
condition the $4.4 million Intertie replacement proj cots were excluded fi'om the general budget and
made the subj ect of as separate project budget to be fimded by Granada and Montara. Granada’s and
Montara’s representatives on the Authority’s Board took the position the $4.4 million Intertie
replacement projects should be included in the general budget. Video of that meeting appears on the
Authority’s website at
IO <https://www.youtube.com/watch?v=h1niUxSquc&1isFPLFUunuheJOZUtAyryiM4MOg9xSu3CT9
PC
11 JW&index=2> (as of July 7, 2017).
140
Whatley.
SUITE
12 32. The Authority’s Board again discussed the proposed General Budget at its June 26,
95945-509]
a DRIVE.
l3 2017 meeting. A true and correct copy of the Authority’s June 26, 2017 board meeting agenda is
nghsmlih
CA I4 auached to the Complaint as Exhibit D and video of that meeting appears on the Authority’s website at
COLLEGE
VALLEY,
15 <https://www.youtube.com/watch?v=WdeNnVi5wQ&list=PLFUunuheJOZUtAyryiM4MOg9xSu3
SIERRA
GRASS
I6 CT9IW&index=1> (as ofJuly 7, 2017). After significant negotiations, the City and Defendants have
Colaniuono.
420 I7 not reached an agreement concerning, and the Authority‘s Board has not approved, a general budget
18 for FY 201 7—20 1 8.

19 33. Failure to adopt the proposed 2017—201 8 General Budget creates tw0 significant
20. problems for the Authority and its member agencies —-— the City, Montara, and Granada. First, the
21 Authority lacks a budget and spending authority for the current fiscal year until a general budget is
22 approved. Second, failure t0 adopt a general budget threatens the continued existence of the
23 Authority under the terms 0f the JPA.
24 34. The City desires and is entitled to a judicial declaralion that capital projects such as
25 large-scale pipe replacement do not constitute “operation and maintenance” and the IPA therefore
26 does not oblige the City to contribute to the cost ofthe $4.4 million in Intertie capital replacement
27 projects via the general budget.
28 35. Therefore, the City prays for declaratory relief as specified more fully below.
9
COMPLAiNT FOR DECLARATORY RELIEF
[81953.1
PRAYER
WHEREFORE, the Plaintiff City 0f Half Moon Bay prays for relief as follows:
36. For a judicial declaration that the proposed $4.4 million Intertie capital replacement
projects axe projects the IPA requires to be funded by a project budget.
37. For a judicial declaration that the JPA authorizes the City to withhold its approval 0f
project budgets and to withdraw from a project to avoid further financial responsibility for that
project.
38. For ajudicial declaration that the JPA authorizes the City to withhold its approval 0f
the $4.4 million in.

Intertie capital replacement projects — avoiding any duty to fund those projects
10 and foregoing any right to participate in their benefits.
PC [I 39. -
For a judicial declaration that the City has not benefitted and does not benefit from
140
Whofley.
SUITE
12 the Intertie and therefore need not contribute to funding its replacement and reconstruction.
95945-5091
& DRIVE.
13 40. For ajudicial declaration that the JPA obligates only Montara and Granada to fund
CA l4 replacement and reconstruction of the Intertie.

Highsmtth
COLLEGE
VALLEY.
15 41. For costs of suit incurred herein and attorney fees pursuant t0 Code of Civil
SIERRA
GRASS
16 Procedure 1021 .5.
Colontuono.
420 17 42. For such other and further relief as the Court deems proper.
18
I9 DATED: July 11, 2017

ANTHONY P. CONDOTTI
20 City Attorney, City 0f Half Moon Bay
21 COLANTUONO, HIGHSIVIITH &

WHATLEY, PC
22
23
P&Wkfiwfi’wfl
24
PAMELA K. GRAHAM
25 EDUARDO JANSEN
26
27
28
10
\819511
EXHIBIT A
'v'J
.;~ flab
war kg?
AN AGREEMENT CREATING THE

SEWER AUTHORITY MID~COASTSIDE
THIS AGREEMENT; dated , is made and

entered into by and between the City of. 1f Moon Bay, hereinafter
referred to as "Half Moon Bay", and the Montara Sanitary District,
hereinafter referred to as "Montara“, and the Granada Sqnitary
District, hereinaf£er referred to as “Granada";
‘
W I T N E S S E T H:
—..__—__.__.__....—
WHEREAS, the parties hereto have in common the gower'to
plan for, acquire, construct, reconstruct, alter, enlarge, replace,
repair, maintain, manage, operate-and control facilitieg for the
collection, transmiSSion, treatment and disposal of wastewater for
the benefit of the lands and inhabitants within their respective
boundaries, and,
WHEREAS, it would be in the best interest of ea¢h of the
parties hereto, each of which is located within the Hal: Moon Bay
Basin, and the lands and inhabitants within the boundaries of said
parties, for a single representative organization to be established,
composed of elected officials from said parties, which would be
capable of developing a joint waste collection, transmigsion, treat-
ment disposal and management planr(herein "wastewater p;an") for
the Half Moon Bay Basin, and capable of acquiring, constructing,
maintaining, managing, operating and controlling faciligies for
the joint collection, transmission, treatment and diaposal of
_wastewater within said basin; and
WHEREAS, it has been determined that an areawide wastewater
plan for said basin and the providing of facilities for joint
collection, transmission, treatment and disposal of~was§ewater
within said basin may best be undertaken and achieved by cooperative
action of the parties hereto.and in the manner provided'for in this
a
agreement; and‘
gs
WHEREAS, Title l, Divigion 7, Chapter 5 of the Government .
Code of the State of Californig authofizes the joint exercise by

agreement of two or more publig agencies of any power common to r
them:
NOW, THEREFORE, in consideration of the mutual terms,
covenants and cenditions herein contained, the parties hereto agree
as follows:
I . QEFINITIONS
Unless the context otherwise requires, for the purposes

of this agreement, the following words shall have the following
meanings:
(a) "The Authority" gr "SAM"‘means the Authority formed
pursuant to this agreement.
(b) "Agreement" mean§ this Joint Exercise of Powers
Agreement.
(c) "Board" or "Boarg of Directors" means thé governing
1
body of:thé Authority.

(d) “ConStruction" ipcludes acquisition, reconstruction,
alteration, enlargement, replgcement or reparation as well as
I
construction.
l
(e) "Disposal“ inclufies reclamatiog as well as dischérge

to a receiving body of water.
x(f) "Facility" or "Facilities" means.any buildings, works,
improvements or property acquired, constructed, maintained,
managed, Operéted or controlled by'SAM.
(9) "FiScal Year" means July lst to and including the-
following June 30th.
(h) "Generai Budget" means.the approved budget applicable
to the expenses of administration of the Authority and operation
'
and maintenance of the’facilities.

fii) "Half Moon Bay Basin" means hydrographic sub—unit #9
a5 defiped in the ABAG reporg entitled "Population, Employment
and Land Use Projections, Sag Francisco Bay Région, 1970 - 2000";
generally the lands betheen éunitas Creek and Devil's Slide bounded
on the eastern side byflthe r%dgeliné defining the coastal watershedg.
fifi§
‘QF
"Member Agency" or "Party" means either Half Moon

(j)
Bay, Grana a or Montara. "Member Agencies" or “Parties"Ameans
Half Moon Bay, Granada and Montara. ‘
(k) "Participating Member Agency" means a member agency

that has cg will acqyipe rights and assume'obligations ih
connectionTWith a particular project of the'Authority.
(l) "Project" may include a study, a plan, or a facility.
(m) "Project Budget" means the approved budget applicable
to a paxtigular-study,-plan or facility.
II. PURPOSE AND POWERS
Authoritx Created. There is hereby created a public

(AI
entity to pe known as the "SEWER AUTHORITY MID—COASTSIDE". The
IAuthority $3 formed by this Agreement pursuant to the prpvisions
of Title 15 Division 7, Chapter 5 of the Government Code of the
State of C§1ifornia. The Authority shall be a public entity separate
from the p?rties hereto.
A(B} Purpose of the ggxeement. The parties hereto have in
common the power to'plan for, acquire, construct, reconstruct, alter,
enlarge, r?place, repair, maintain, manage, operate and‘control
facilities for the collection, transmission, treatment and disposal
of~wastewa¥er‘for the benefit of the lands and inhabitants within
their resp?ctiVe boundaries. The purpose of‘the Agreement is to
jointly‘exgrcise the forgoing common power in the manner set forth
.
herein.'
~
_
Powers of the Authority. The Authority shall haVe
(C?
the power, in its own name, to do any or all of the following:'
‘(13 to make and enter into contracts;
(2) to‘contract for the services of engineers,
attorneys, planners, financial consultants, and separate
ang apart therefrom to employ such other persons as it
V ‘
degms neéessary;
(3) to make plans and conduct studies;
(5) to acquire, construct, reconstruct, alter,
enlarge, replace, repair, maintain, manage, operate and
coptrol any bqéldings, works or improvements;
45% Egg
(S) to acquire, hold and dispose of property;

(6) t0 incur debts, liabilities or obligations
subject to limitations herein set forth;
'(7) to sue and be sued in its own namé;
(8) tq.apply for and accept grants, advances and
contributions under any federal, state, or local programs
for assistance in developing any of its projects:
(9) To establish rates, tolls, fees, rentals, or
other charges in connection with the facilities and
services provided by the Authority;
(10) T0 plan for, construct, opérate; or maintain
member agencies' sole-use facilities when Specifically
requested by that member agency, or when necessary to
meet joint discharge requirements, subject to the
provisions of Article VIII, Section D and E hereof.
(11) The Authority shall have the additional power
and authority to issfie revenue5bonds ig accordance with
.the following laws;
i-(a) Article 2, Chapter 5, Title l, Division 7
of the California Government Code, commencing with
'
Section 6540 .
(b) Chapter 6, Title 5, Division 2 of the
California Government Code, commencing with
Section 54300.
(c) Chapter 5, Part 3, Division S of the
CalifcyniawHealth and.Safety Code, commencing
with Section 4950.
The above powers are subject to the restrictions, upon the
manner ofi exercising said powars, set forth in the Sanitary District
Adt of 1923, as amended, being Sections 6400 et seq. of the
California Health and Safety Code.
(D) Boundaries. The boundary of the Authority shall be the
consolidated boundaries of the member agencies. Said boundaries
shall be set forth and depicted on Exhibit "A" as amended or supple-
mented from time to time, attached hereto and by this reference made
a part hereof. In the‘event of withdraWal from this Agreement by a
’
‘t‘x
member agency, the boundaries shall be revised to exclude the area .
finder sole jurisdiction of said withdrawing member agency.

I
(E) Overlapping Service Areas. The member agencies A
necognize that certain lands are within the boundaries of £he City
9f Half'Moon Bay as.we;1 as, at the same time, within the boundaries
éf the Granada Sanitary District, and vice versa. To the extent that
fiuture sewer service is provided to all or any portion of said landm-
éy any member agency electing and empowered to do so, that member.
§gency shall provide said service from its own facilities or from
ita own share of capacity of any jointly owned facilities, without
in ahy way demanding that said provision of service shall diminish
ghe share of capacity owned by any other member agencyo
III . ORGANIZATION
(A) Mémbershig. The members of the Authority shall be

gach public entity which has executed this Agreement, or any addenda,
?mendment or supplement thereto, and which has not, pursuant to the
grovisigns hereof, withdrawn therefrom. A list of the members shall
ée available to.each member.
,>
(B) Designation of Directors. within fifteen (15) days
?fter execution of this Agreement, the member agencies shall designate
?nd appoint, by resolution of their respective governing bodies,
?epresentatives to act as their directors on the Board. Each member
?gencyl§hall appoint two representatives to SAM, and theSe six
fepresentatives shall constitute the Authority‘s full Board of
Directors. Each membgr agency shall also appoint one alternate
director whose name shall be on file with the Board and who may
.
?ssume all rights and duties of an absent director representing
phe appointing membér agency. Each director and alternate shall
?old office from the first meeting of the Board after his appointment
Py the governing body which he represents until his successor‘is
galacted. Directors and alternates shall serve at the pleasure of
the governing body of the appointing member agency and may be
yemoved at anx time, with or without cause at=the sole discretion
§f said member agency's governing body. A director or alternate
pust be a member of tug goverhing body of the appointing member
agency. A director may be reimbursed by the Authority for expenses
inCurred by-auch directér in the conduct of the business of the
-5-
Wt
é§§
Authority, and mag be compensated not to exceed fifty dollars ($50i)

per day for each day's attendafice at meetings of the Board, or for
each day's gervice rendered as a director by request of the Board“
not to exceed a total 6f four (4) days in any calendar month.
flC) Princiggl Office. The principal office of the Authority
shall initially be the Half Moon Bay City Hall. The Board is hereby
granted full power and authority to change said principal office
from one location to another within its boundary. Any change shall
be noted by the Secretary under this Section but shall not be
considered an amendment to this Agreement.
fi
(D) Méetingso The Board‘shall meet at the principal office
of the Authority or at such other place as may be designated by the
Boarda The time and place of regular meetings of the Board shall be
determined by resolution adopted by the Board. A copy of such reSQr
lution shali be furnished to each party hereto. Regular, adjofirned
and special meetings shall be called and held in the manner as pro-
vided in Chapter 9, Part l, Division 2, Title 5 of the Government
Code of the State of California (Section 54950 et seq. 3.
(E) Quorum. That number of Board members representing a
simple majority of the votes on the Board shall constitute a quorum
for the transaction of business, except that less than a quorum may
adjourn from time to time. ,
‘(F) Powers of the Board and Limitations Thereon. A11 of

the powers and authority of SAM shall be exercised by the Board
subject to the following couditions and limitations:
(l) each director from Half Moon Bay shall be
entitled t0 two votes; each director from Montara
aha Granada ghall be entitled to one vote:
(2) unless otherwise provided by law or else—
where herein, a quorum of directors may, by five (5)
affirmative votes, adopt any motion and take any other
action they deem appropriate to carry forward the
objéctives of the Authority. Passage of any resolution
shall require six (6) affirmative voteé;
(3) finaI approval of any»general budget or
project budgetashall require the consent of every
mgmber.agency 0r.participating‘member agency as
g? 6%?
‘provided in Section (G)hereof, and Article V, Sections

(A), (B), and (C), thereof; .
(4) no project shall be commenced without consent

v
df Every participating member agency.
(G) Consent of Members. In any matter prescribed herein'to
require the consent of.member agencies, said consent shall be evidenced
by a certified copy of the resolution of the governing body of such
‘
member agency filed with the Authority.

,(H) Officers. The Authority shall have three officers:
Chairmanp Vice Chairman and Secretary. The directors of the Board
shalI select from the Board these three officers who shall hdld
office for a fieriod of one year, commencing July 1 0f each and every
fiscal year; provided, however, the first three officers appointed
shall hold office from the date of appointment.to the following
June 30; provided further, that in thé event that a member agency
removes from the Board a director serving as an officer, the Board
I
shall appoint another director to fill thelvacant office’for the

remaindgr of that fiscal year.
I
(l) .The Chairman shall preside at the meetings.of the

Board. Thé Chairman's duties shall be to call meetings to
order, adjourn meetings, announce the business before the
'Board in'the order in which it is to be acted upon, recognize
-directbr3 and non-directors entitled to the floor, put to
.vote all questions moved and seconded, announce results of
votés,,maintain the rules of order, execute documents on
behalf of the Board when dply approved for action, and
'
.carry out other'duties set forth in the bylaws. The

Chairman shall be entitled to exercise his‘full voting
rights on ali questions before the Board and need not
relinquish thelchair to discuss a question before the Board.
(2) A Vice Chairman shall be selected and hold.office
in the same manner as the Chairman and in the absence of
the Chairman shall preside and-hold the same powers as if
'
he were the Chairman.

(3)A Sedretary shall also be selected from the Board
by its directq¢s. \
(I) General staff functions to serve the adminis-
Staff. -
trative needs of the Authority shall initially be provided by

employees qf the member agencies, and credited towards said respeptive
member agencies‘ financial contributions or obligations as provided
in Article V, Sectiqn (D) below. The staff positions shall be as
follows;
(1) Manager. The authority shall employ or contract
for the services of a manager.who may or may not be a
staff member of one 0f the member agencies. The manager
shall’answer to the‘Board and be responsible for all
administratiVe needs of the Authority. The manager shall
also be responsible for the general execution of all
Authority policies as set by.the Board.
(2) Treasurer. The Authority shall, with a member ”m
agency's consent, designate the Treasurer or ex officibs
Treasurer of said member agency, or in lieu thereof, the
Treasurer df San Mateo County to be the depositary and
,have custody of all the money of the Authority from
'.whatever source.
The Treasurer so designated shall:
(a) Receive and receipt for all money-fif the
Authority and place it in the treasury of the
Tieasurer to the credit of the Authority.
(b) Be responsible upon his official bond for
the safekeeping and disbursement of all Authority
moneyvso held by him.. I
(c); Pay, when due, out of money of the Authority

so held.by him, all sums payable on outstanding bonds
and coupons of the Authority.
(d) Pay any other sums due from the Authority
from Authority money, 9r any portion thereof, only
upon warrants drawn against the Authority, duly
authorized by the Board and executed by two directors.
n‘ Verify and report in wilting on the first
(e)
déy of Juiy, October, January and April of each year,

A
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to the Authority, and to each of the member

agencies, the amount of money he holds for the
Authority, the amount of receipts since his
last report, and the amount paid out since his last report.
(3) Others. The Board may employ or contract for
the services of individuals or other staff pnsitions as
necessary to assist in the administration and execution
of the functions of the Authority.
(J) Charges for Services. Charges for the services of the
manager, the treasurer. and other administrative or operating
persénnel supplied by any member agency shall be jointly agreed upon
with the member agency o: member agencies furnishing the servicea.in
advance of'receipt of said services.
(K) Officers, Emquyges and Agents. Any Officef, empioyeg/
or agent of the Authority may also be‘an officer, employee, or agent
of any member agency. The,appointment or employment by the Board of
such a person shall constitute a determination that the two posifiions
are comfiatible. _Notwithstanding the above, the Manager and the
Treasurer, shall not. be employees 0f the same member agency without
the unanimous consent of the complete Board of Directors.
All privileges and immunities from liability, all exemptions
fram laws, ordinances and rules, and all pengion, relief, disability,
workmen‘s compensation, and other benefits which apply to the
activitiés of officers, agents, or employees of a member agency'when
performing their respective functions shall apply to them to the'aame
degree and extent while engaged in.the performance of any of the
functions and other duties under this agreement.
ane of the gfficers, agents, or employees directly emplbyed
by the Authority shall be deemed by reason of their employment by
the Authority, to be employed by any member agency or to be subject
to any of the requirements of any member agency.
(L) Accounting and Audits. There shall be a strict account-
ability~of all Authority funds and report of all receipts and dis-
bursements in'eompliance with Article I, Chapter 5, Division 7,
Title I of the Governmgnt Code (Section 6500 et seq.). The Board,
acting as controller, ghall contract with a certified public
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accountant or public accountants to make an annual audit of the
accounts and records of the Authority: In each case the minimum
requirements of the audit shall be those prescribed by the State
Controller for special districts under Section 26909 of the
Government Code and.shall conform to generally accepted auditing
standards. The records and accounts of the Authority shall be
audited'annually, and a report thereof shail be filed as a public
record with the‘Authority and with each of its member agencies
and the San Mateo County Auditor, not later than six (6} months
following the end of the fiscal year under examination. Any
cost; of the audit, including contracts with or employment of, a
certified public accountant or public accountants shall be borne
by the Authority and shall be charged against its general fund.
(M) Access to Property. The manager and treasurer are
hereby‘designated as the persons who have charge of, handle, and
have access to the property of the Authority. Each such person
shall file with the Authority an official bond in an‘amount to be
fixed by the Board. Cost of said bond shall be paid by the Authority. i
(N) Minutes. The Secretary of the Authority shall cause

to be kept minutes of regular, adjourned regular and special meetings
of the Board, and shall cauSe a cepy of the minutes t0 be forwarded
to each director and to each of the member agencies hereto within a
reasonable time which shall be fixed by the Board.
3(0) Rules. The Board may adopt from time to time such
rules and regulations for the conduct of its affairs as may'be
required. Parliamentary rules and.procedures shall be those
prescribed in Roberts Rules of Order. Any documents required to
be executéd by the Apthority shall be signed by the Chairman and
countersigned by the Secretary, except'that the Board may, by
resolution, authorize other officers or employees to sign on behalf
of the Authority.
IV. PLANNING
3‘
RU
Planning Policx.
(A) In keeping with‘the purpose of this
:;‘ngeement, the member agencies hereby authorize and direct the Board
to undertake sfich étudges and planning relative to the combined
service areas of the member agencies as may be necessary, to provide
q 10 _
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for the joint collection, transmission, treatment, and disposal

of sewage of each of the member agencies. The specific objective
of such stqdies shall be to develop regional solutions to the
waatewater treatment and management problems which will be in
accordance with all.applicable federal, state and regional water
quality control requirements, consistent with demographic studies
applicable within the jurisdiction of Authority, and planned so
as not to result in unreasonable financial burdens on the member
agencies whatever-course future development of the area might take.
It is understood by the parties that this agreement shall not affect
the fights or pDWers of any member agency to plan and/or construct
'
sewer facilities independently.

Thé studies may include proposals for construction of jpint
colleciion systems, trunk and interceptor lines, treatment plané,',w
and disposal systems. The studies may also include proposals £0
be used in conjunction with facilities not within the Authority's
jurisdiction. Any studies shall consider all phases of planning,
design, construction, maintenance and operation of facilities
proposed by the Authority, and allocation to benefited member
agencies of capital, maintenance and operating costs.
(B) Present Project. The member agencies agree that the
initial project for the Authority shall be as set forth in the
joint letter of understanding, marked Exhibit "B", attached hereto
fi'and by this reference inco;porated herein.
“
aw v. BUDGETS AND pAYMEuTs
(A) General Budget. Within sixty (60) days after the.

first meeting of the Board, a general budget shall be prepared for
the balance of the fiscal yearn Thereafter ét or prior to each
March meeting of £he Board, a.general budget shall be prepared for
the ensuing fiscal year. The initial budget and each succeeding
general budget shall include the following:
(1) the general administrative expenses of the
'Authoréty to be incurred during the period coyered by
the budget: Each member agency shall, within thirty
days of executien of this Agreement, deposit into the
general fund an amount obtained by applyiné to the sum
I
of'initial generfil administrative expenses the

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percentage of that member agency's voting rights;
(2) the expenses'of operating and maintaining any
impyovements operated or maintained by the Authority: v
(3) all revenues accruing to the Authority, including'

the assessmentg allocated among the member agencies to
.cover the general administrative, operating and maintenance
~ '
expenditures;
At the time of its preparation a general budget
(4) 5
shall be submitted immediately to the governing bodies of

the member agencies for approval pursuant to Article III,
Section (G) above, final approval of a general budget
shall require the prior consent of all member agencieso
Final approval shall be made by the Board within thirty
(30)days after preparation of the initial general budget ,/
and by July lst following prefiaration of each succeeding

budget. A copy of the general budget shall be filed with
each member agencyo
(5) Each member agency hereby agrees to include in
each annual budget approved by the governing body of such
member agency amounts estimated to be sufficient to pay
all such charges and to pay to the Authority within thirty
.days oi feceipt of a statement of the member agency's
‘allocated share of the actual general budget expenses for
,the billing period as detefmined by the Board. The Authority
is hereby authorized to take any or all legal actions
_necessary and permitted by.law to enforce the collectiqn
of such charges or any other compliance with this agreement,
ihcluding, bgt not limited to, actions or proceedings in
mandamus to require each member agency to include the
amounts estimated to be necessary in each such estimated
annual budget, or to collect‘such charges fiom the takfiayers,
landowners, or users of any of the facilities of the Authority.
(B) Project Budgets. In addition to ghe General Budget,
the Board shall, prior to its initiation of a firoject, approve the-
project in concept and fiave a project budget prepared. Each Project
'\
Budget may include thé-Tollowing:
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(l) the Authority's administrative expenses

'
allOCated to the project;

(2) the cost of studies and planning for the
'
PrOject;
_
(3) the cost of the engineering and construction
of the project;
(4) the allocation among the participating member
agencies of the total project costs including but not
necassarily limited to administration, planning, design,
construction and operation and maintenance:
(5) any revenues accruing t0 the Authority for
the project from whatever source.
After the preparation of a Project Budget, it shall be
j
submitted immediately to each member agency proposed by the Board
to be a participant and to be obligated for the payment of any amount
thereUnder. The Authority shall not ificur any expense for the project
until the Project Budget has been approved by the governing body of
each of the proposed participating member agencies. Consent of the
participating membér agencies shall be required within a reasonable
léngth of time, said time to be determined by the Board when the
Project Budget is, prepared. Upon approval by all of the participating
member agencies, the Board shall adopt the Prdject Budget and file
a copy of same with each of the participating member agencies.
(C) Effect of Failure of Approval of Budgets.
General Budget. If a general budget fails to
(1)
attain the approval requiréd by Section (A) hereof, the'
dfirector(s) of consenting member agencies may treat the
refusal of a dissenting member agency to approve the.
budget as a request for withdrawal from the Authority
'and the remaining members may thereafter, uppn giving.the
non—consenting member agency thirty (30) days notice,
proceed with the adoption of a revised budget and the
non-consenting member agency shall not~be obligated for
future Hebts of phe Authority nor shall it receive any
benefits therefrom.
.’.
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Pertaining to past debt obligations, hdwever, the
non-consenting member égency shall continue to be obligated
for_the operation and maintenance costs, under the *
original allocation formula, of any project in which it

continues to_dgrive benefits.
‘
(2) Project Budget. If a Project Budget fails to

attain the approval required by Section (B) hereof, the
director(s) of consenting participating member agencies
may treat-the refusal of a dissenting member agency to
approve the budget as a request for withdrawal from the
project concerned, but hot from the Authority, and the
remaining participating member agencies may thereafter,
upon giving the non—consenting member agency thirty (30)
days notice, proceed with the adoption of a revised budgat/I
and the non—consenting member'agency shall not be obligated
for future debts‘pf the project concerned nor shall it
réceive any benefits therefrom. The coat'of preparing
{theProject Budget shall be divided among the proposed
participating member agencies in proportion to allocation
of costs to said members in the current general budget.
(D) Contributions; Payments and Advances, Use of Personnel}
Eqfiipment or Propérty; Exchange of Services.,‘It is hereby agreed
'
that:
g contributions from a member agency's treasury
(l)
may be made for the purpose set-forth in the Agreement;

(2) payments of public funds of a member agency
may be made to defray the cost of such purpose:
(3) eagh of the member agencies may make advances
of public funds, to be repaid as set forth in the Agreementzu
personnel, equipment or property may be useQ in
{4)
lieu of other contributions or advances, however, all
member agencies must agree upon the value to be assigned
the personnel, equipment, property or services, with
respect to any said contributions or aévanees;
(5) the mémber agencies may exchange services without
payment 6f any~bonsideration other than such services.
_ 14 _
4H
fig?
a;
(E) ggpenditures for the apprOVed Budgets. A11 expendi--

tures within the designations and limitations of approved general-
and projectlbudgets shall be made on the authorization of a majority
of the directors present at a meeting during which budget expenditures
are apprOVed. No engpditures in excess of those budgeted shall be
made without the unanimous consent and approval of all of the
directors representing the member agencies affected by the budget
udder consideration. _
»
(F) Payments of Amounts Due; Surplus. Amounts required to

be paid‘by any member agency shall be due and payable thirty (30)
daysyafter receipt of billing therefor from the Board. After -
completion of the purpose for which funds were provided to the

Authority by a member agency, any surplus money shall be returned
to that member agency in proportion to the funds so provided. ,/v-
(G) Reimbursement of Funds. 'Grant funds feceived by the

Authority from any federal, state or local agency to pay for
budgeted expenditures for which the Authority has received monies
from a member agency shall be remitted to'that member based.upon
the ratio of the‘member agency's advance to the total coat of the
project for which the Authority has received the grant.
VI. AUTHORITY PROJECTS
(A) Project Members. The directoré representing those

members_determined by the Board to be participating members of a
project‘shall, upon consent to the proposed project by the partici~
pating members, constitute a subcommittee of the Board referred to
as the "
‘
Project écmmittee." All actions by a'

project committee shall be deemed actions of the Authority and
shall be taken in tHe name of the Authority; however, only the
participating members of a project shall have rights and obligations
'
in said project as herein provided.

(B) Afithority Construction Projects. No project shall be
constructed by the Board without the consent of eVery participating
member. Apprqyal of a construction project budget by all of the
participating members shall constitute their consent for the
construction of thé prgject by the Authority.
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VII. MAINTENANCE AND OPERATION OF FACILITIES
(A) ’Maintenance and'Operationiof Facilitiés. The Board

shall determine, prior t0 the construction 0f any project, whethef
or not the Authority shall maintain and/or operate such faéilities.
If the Authority iS‘toumaintain and/or operate such facilities, it
Shall do so in an efficient and economical manner, ana in a manner
not detrimental to the member agencies. It is the intent of the
parties that any project may be maintained and operated in the
name of thé Authoiity. if it is determined-that one or more of
the member agencies shall maintain and/or operate said facilities,
said member agencies shall by Written agreement consent thereto
prior to the construction thereof.
VIII. PROPERTY RIGHTS
(A) Project Facilities. All facilities constructed by

the Authority shall be held in the name of the Authority for the
benefit of the membership of the Authority in accordance with the
terms of this Agreement: Capacity rights in respect to project
facilities shall be held for the benefit of the participating
member agencies~in proportion to each member agency’s agreed
percentage of capacity rights in such project facility. It i5
the intent of the foregoing provision that the Authority shall
not acquire any unallocated capacity rights in any facility for
disposal-or use, except for the benefit of the participating
member agencies in proporticn to their percentage of capacity
rights in said facility. Capacity.rights may not be reallocatgd.
sold, leased, assigned, or in any way transferred, whether
voluntarily, O_r pursuant to litigation and/or administrative
proceedings initiated by, in concert with, with the coasent of, or
on behalf of the member agency or agencies seeking any such
transfers, unless the member ageficy or agencies, whOSe capaciiy
r.ights may be so diminished thereby, shall give written consent
to such transfer. K
(B) Distribution of Assets and Termination of the
Authoritx. To the extent that any funds (or property in lieu of
funds) received from ad? member agency are used for the construction
\u ‘3'!"
of facilities, the same shall be allocated annually on the books I
of the Authority to the credit of said contributing member agency.

Upon termiqatidn or dissolution of the Authority herein created, .
the facilities, and any funds, in possession of the Authority at such

time shall be distribuged in’kind or sold, and the proceeds thereof
distribufed to the member agencies at the time of termination apd
in proportion as their interests appear on the books of the Authority.
(C) Liabilities. Any liability incurred by the Authority
during the course'of its existence Shall be discharged by payments
hereby agreed to be made to the Authority by each of the parties
hereéo in proportion to their contribution‘or approved participation
in facilities of the Authority for which the liability is attribut'able.
Except as héreinabove provided, the débts, liabilities, and obligations
of the Authority shall be the debts, liabilities or obligations offi/
the Authority alone and not of the patties to this Agreement.
(D) 'Failure to Meet Dischagge Requirements h Separate
Effluent Dischargg, The Authority shall cause the effluent of each
member agency to be mon;tored to determine whether or not Federal
and/or State disbfiarge requirements are being met. The member agency
or agencies responsible for the violation shall be solely respongible
for any fines levied or criminal sanctions imposed as a result thereof.
fl
(E) Faiiure to Meet Discharge Reqpirements - Combined
Effluent Discharge. If the effluent of the member agencies is
combined, and the combined effluent at the point of ultimate dischapge
into the receiving water fails to meet discharge reqdirements, the
member agency or agencies_responsible for the violation shall be
solely responsible for any fines levied or criminal sanctions imposed.
In this régard, the @ember agency or agencies responsible for then
violations shall hold harmless the Authority and the other non-
violating member agencies from all liability and/or damages incurred ’
by said Authority and/or member agencies as a direct and profiimate

result of said violation, including, but not limited to, legal,
engineering, and administrative expense and direct or indirect
damages incurred by the Authority or the membe} agency as a result
of a cease and desist drder or court injunction from any State or
Federal agency restricting construction within the jurisdictional
_ 17 _
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,
limits of said Authority or member agency” In the event two

or more member agencies are responsible for failure of the
combined effiluent to meet discharge requirements as above providedhr
Ithe member agencies responsible for the violation shall be jointly
and severally responsible to the Authority and to the other non~
violating member agencies. Upon notification of such violation,
the member agency or agencies shall take prompt, corrective action
a8 necessary to meét said discharge requirements. If any member
Agency fails to take such action, the Authority by unanimous vote
of the Board (excluding those members of the Board who are
repreéentatives of the member Agency or Agencies who are in
violation of the discharge requirements) may elect to do either
‘
one or both of the following:

(a) Have undertaken at the cost and expense of the Ix h
violating member agency or agencies thé construction of such

additional treatment facilities as are necessary to meet said
discharge requirements.
(b) Impose a prohibition of additional connections to
the collection sysfiem of the member agency or agencies in vio}ation.
Nothing in this Section shall preclude one or more agencies
frog providing additional levels of treatment to insure meeting waste
diacharge requixements in the combined effluent. In the event that
one or mere member agencies are obligated to provide additional
leVEls of'treatment to meet waste discharge requirements for the
combined effluent, all member agencies requiring the additional
levels of treatment shall participate in the costs of such
treafiment based on their relative contribution of waste character-
istics to'be treated find the costs of providing such treatment.
IX. SETTLEMENT 0F DISPUTE OR CONTROVERSY
Should any dispute or controversy arise in connection-with

fihe books, records or accounts of any party to this Agreement or in
connection with the acquisition, construction, maingenance, operation,
repair, reconstguction or enlargement of the Jdint System or in
confiection with any>of the-affairs or operation thereof, or the
execution of the term cg this Agreement, the governing bodies of
the parties to this Agregment may elect to arbitrate the dispute
or controvéray in accordance with the rules of the American
~1B~.
_‘Arbitration Association or by any other mutually agreeable method
of settlement.
"'
X. MISCELLANEOUS PROVISIONS
(A) Duration. The Authority shall continue until this

Agreement is rescindéd"as herein provided.
.(B) Rescission and Termination. This Agreement may be
rescinded and the Authority terminated by written agreement of all I
member agencies. Upoh termination of the Authority, its assets

and liabilities shall be divided among the then member agencies in
proportion to their then ownership interests.
(C) Withdrawal. Any member agency may withdraw from the
Authority at any time upon giving each of the other member agencies
one hundred and twenty (120) days written notice prior to the end
of the fiscal year; provided, however, in the event the withdrawing
member agency has any rights in any facility of the Authority or
obligations to the Authority, said member agency cannot sell, lease
or transfer éaid rights or be relieved of its obligations, without
thé exeéution of a written agieement executed by it and another
member agency. The.term "obligations" as used herein shall include}
but'not be'lifiited to, bonded indebtedness and capital replacement
costs. Upon termination, a withdrawn member ggency will be treated
like ali the other member agencies in regard‘to the provisions of
Article VIII (B) hereof.
“(DJ Amendments. This Agreement may be amended only by
the unanimous consent of all member agencies. ‘
(E) Severance. If any section, subsection, sentence,

clause or-phrase of this Agreement, or the application thereof to
any of the member agéncies or any other persons or circumstances,
is for any reason held invalid, the validity of this Agreement, or
the application of such provision to the other member agencies or
to any other person or circumstances, shall not be affected thereby.
Each of the member‘agencies hereby declares that it would have
entered into tgis Agreement, and each section,“subsection, sentence,
clause or phrase thereof, regardless of the fact that one or more
sections, subsectiéns,4sentences, clauses or phrases, or the
application thereof, to guy member agency or any other per50n~or
'
airaumtarioea be held invalid.

_.19—
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Filing with the Secretary of State. The Secretary

(F)
of the Authority shall file with the Secretary of State a notice
in accordancé with Government Code Section 6503.5, and shall»file
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notices, aé appropriate, in accordance with Government Code
Section 53051{
WITNESS WEEREOF, the parties hereto have caused these
AIN
presents to be exeCuted ox the day and year first above written.
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GRANADA SANITARY DIstICT

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JOINT LETTER 0F UNDERSTANDING
BETWEEN THE CITY 0F HALF MOON BAY r
AflD TH_E QOASTSIDE SEWER SERVICE AGENCY
This joint letter of understanding sets forth the agreement

reached betwaén fihe City of Half Mbon Bay and the Coastside
Sewet Service Agency on January 22,'1976, pertaining to the
following determinations and courses of action to be taken
jointly by the parties signatgre hereto.
DETERMINATIONS
l. In view of the alternatives now available to the

joint agencies, the full consolidation of sewage treat-
ment facilities, as envisioned in Plan F of the Supple-
mental Project Report * Phase I / Final Project Report
submitted to the state on August 13. 1975, is the best
apparant_aiternative, provided that full Clean Water
Grant funding can be secured based on the collective
design capacity of each agencies' existing treatment
plants (1.8 mgd).
2. .Based on the general preportion of population among

the agencies, énd on the expected benefit to each agency
of the facilities described in l. above, the local share
of chats shall be divided roughly 50% to the city and
50% to C.S.S.A., with modification of such Share possibly
being made based upon actual benefit and total past
investmegts in existing plant facilitiesx
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3. An alternative project to that described in l.
above, known as the "bare boned" version of Plan A
(paréial consolidation) of the'Supplemental Project
Report — Phasg I / Final Project Report submitted
to the state onihugust l3, 1975, must be pursued
simultaneously with the alternative set forth in l.
above in the eventuality that full funding of this
total consolidation alternative is not forthcoming
and has to be abandoned.
4. In the event that only the partial consolidatian

plan, as described in 3. above, has to be implemented
in order to strictly comply with the NPDES requirements,-
then the local share of costs associated with this filan
shall be born by each agency on the basis of direct
use and benefit with the City not sharing in any of
the costs of the intertie transmission lines or
C.S.S.A.'treatment plant improvements.
COURSES 0P ACTION
1. The City and C.S.S.A. shgll jointly_pursue, through

I
any appeal steps necessary, a Clean Water Grant offer

based on the collective design capacity 0f each agencies'
existing treathent plants (1.8 mgd), and if successful,
implement the fully consolidated sewage treatment system
known as Plan F; simultaneously with this action, they"
shall jointly pursue the expeditious advancement of the
"bare boned" version of Plan A, submitting all basic
material‘to the state within 60 days, sd‘that in the
event that full funding is not forthcoming for Plan F,
they can and.w1;} immediately implement the "bare boned"
Version of Plan A gt the earliest possibie date.
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2. As existing lead agent for the step one grant,

, and in pursuit 5f the dual course of action set forth
in l; immediately above, the City shall prepare and
“
submit all materials necessary for full state consid-
‘
eration and détermination of the alternative projects;

upon full execution of a comprehensive joint powers
agreement, establishing a joint sewer planning and
implementing agency to be known as the SEWER AUTHORITY
MID-COAsmsbe (SAM) the authority and responsibility
,
, of the City as lead agency shall immediately transfer

to that organization.
CITY OF HALF MOON BAY COASTSID SEWER SERVICE AGE
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Maggr Chairman
ATTEST“ ATTEST
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Deputy City Clerk Secretary
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IPA
Amendment 1
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AGREEMENT
AMENDING AN AGREEMENT CREATING

I
THE SEWER AUTHORITY MID—COASTSIDE
THIS AGREEMENT, dated Auue ?._\ , 1976, is made
and entered into by and between the City of Half Moon Bay, herein—
after referrgd to as "Half Moon Bay", the Montara Sanitary District,
hereifiéftér referred to as "Montara";sand the Granada Sanitary
District, hereinafter referred to ab "Granada";
Elz§§§§§1w
WHEREAS, Half Moon Bay, Montara, and Granada have hereto—
fore entered into an agreement entitled "An Agreement Creating the
Sewer Authority Mid-Coastside", dated February 3; 1976; and
WHEREAS, said parties desire hereby to amend said
Agreement;
NOW, THEREFORE, in'consideration of the mutual terms,
covenanééland conditions herein Contained, the parties hereto
agree to amefid said Agreement of February 3, 1976 as follows:
1. Article II, Section (D) is hereby amended to read as

follows:
"(D) Boundaries. The boundary of the Authority

shall be CHE'E3HEEIIdated boundaries of the member
agencies. In conjunction with the consolidated San
Mateo County mid-coastside wastewater treatment and
disposal system (Plan F), being the project authorizeq
to be undertaken by this Authority, the service area
boundaries are defined as the current corporate City
limits of the City and all lands within the Districts
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not zoned RM (Resource Management). Said boundaries

shall be set forth and depicted on Exhibit "A" as
amended or supplemented from time to time, attached
hereto and by this reference made a part hereof. In
the event of withdrawal from this Agreement by a mem-
ber agency, the boundaries shall be revised to exalude
the area under sole jursidiction of said withdrawing
member agency."
2. Article IV, Section (B) is hereby amended to read as
follows:
"(3) Present Pro'ect. The member agencies agree

that the inltLaI project to be commenced by the Authority
shall be the fully Consolidated San Mateo County mid»
coastside wastewater treatment and disposal system as
envisioned in Plan F of the Supplemental Project Report-
Phase I/Final Project Report submitted to the State on
August l3, 1975." '
3. firticle VIII, Section (A) is hereby amended to read as

follows:
"(A) Pro’ect Facilities. All facilities con—

structed by tfie Kutfiority sfiall be held in the name
of the Authority for the benefit of the membership
of the Authority in accordance with the terms of
this Agreement. Capacity rights in respect to pro—
ject facilities shall be held for the benefit of the
participating member agencies in proportion to each
member agency's agreed percentage of capacity rights
in such project facility. It is the intent of the
t
foregoing provision that the Authority shall not
acquire any unallocated capacity rights in any faci-
lity for disposal or use, except for the benefit of
the participating member agencies in proportion to
their percentage of capacity rights in said facility.
Capacity rights may not be reallocated, sold, leased,
assigned, or in any way transferred, whether voluntarily,
or pursuant to litigation and/or administrative pro-
ceedings initiated by, in concert with, with the consent
of, or on behalf of the member agency or agencies seeking
any such transfers, unless the member agency or agencieg,
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whose capacity rights may be so diminished thereby,

shall give written consent to such transfer. In
conjunction with the consolidated San Mateo County
mid-coastside wastewater treatment and diSposal
system (Plan F), being the project authorized to
be undertaken by this Authority, .3 mgd treatment
plant capacity shall be reserved, for the first ten
years of the twenty-year design of said project,
for recreational flows. In addition to flows from
public recreational facilities such as Barks, beaghés,
marinas, and marine‘reserves, the term recreational'
includes recreationally related commercial facilities
such as restaurants, motels, golf courses,‘and stables.
Said recreational capacity shall be allocated to the '
member agencies as they may determine."
4. Article X, Section (D) is hereby amended to read as
follows:
"(D) Amendments. Exhibit "A" hereto shall

be amended or suppIemented upon a member agency
filing with the Authority a certified copy of the
member agency's resolution ordering a change of its
boundary or service area boundary or resolution de-
termining to withdraw from the Authority. The other
provisions of this Agreement may be amended only by
the consent of all~member agencies."
5. Exhibit "A" is hereby amended to read as Exhibit "A"

hergto attached and by this reference made a part hereof.
IN WITNESS WHEREOF, the parties hereto have caused these
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presents to be executed on the day and year first above written.
CITY 0F HALF.MOON BAY MONTARA SANITARY DISTRICT
By lr/flzflm
/y§yor
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President
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Attest:
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(Seal) ‘
(Seal)
GRANADA SANITARY DISTRICT

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By VZ/k/ééfiflj
President
Attest:
By /%y //’Secretary
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IPA
Amendment 2
31/: '
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AGRHICfiFfiT AMFNDING THE AGRIHIMLUT CRLATING

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THE SE“'ER AUTHORITS MID— COASTSIDE

.1
THIS AGRE LENT dated Juli 2 1979, is made and entered ,
into by and between the City of Half Moon Bay, hereinafter referred
to as "Half Moon Bay", the Montara Sanitary District, hereinafter
referred to as "Montara", and the Granada Sanitary District, herein—
after referred to as'"Granada";
ELIE£§§§IE'
WHEREAS, Half Moon Bay,‘ Montara, and Granada have, on February 3,
1976, entered into an agreement entitled ”An Agreement Creating the
Sewer Authority Mid-Coastside", and said parties‘have,'by Agreement
dated June 21, 1976, amended said Agreement; and
WHEREAS,-said parties desire'hereby to further amend said
Agreement; .
NOW, THEREFORE, 1n consideration of the mutual terms, covenants

and conditions herein contained, the parties hereto agree to further
amend said Agreement of February 3, 1976, as follows:
1. Article IV is.heréby renamed "Planning and Present'Projeqt".
2. Article IV, Section (B) is hereby amended to read:
"(B) Present Project. The Present Project shall be a secondary .u.. -
wastewater treatment and di3posa1 system divided into four components,. tr

to Service the combined needs oi the member agencies to the year 2000.
_ i
(1) Phase-; I
t1. x
(a) ComEonents. Phase-I of the system is composed of the

following three components, with capacity rights, construction
costs, and operation and maintenance expenses. being shared as
specified below, until btherwise determined pursuant to Section
(4) hereaiter:
'
'
(i) An intertie pipeline and attendant pumping

,‘iacilitiég, -connecting the Montara and Granada systems to
a new ocean outfall, shared equally between Montara and
Granada; aw”
‘(ii) An ocean outfall pipeline -and attendant pumping
facilities, discharging the combined treated effluents from .'«
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the three member agencies' treatment systems into the ocean 0.
adjacent to the existing but presently inoperative Half moon 3?“.

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Bay outfall line, shared one——ha1f (é) by Half Moon Bay, one-
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quarter (%) by Montara and one—quarter (i) by Granada. ‘7.

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(iii)
'
A reclamationxfipelineand attendant pumping

facilities, to carry secondarily treated effluent from the
treatment plant at the Half Moon Bay site south to the golf
course and adjacent agricultural and floricultural lands \-u
and being.sole1y assigned to Half Moon Bay.
'
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(b) Possible Modification of Intertie PiE§Jine Component. 5“

To ensure the accomplishmentfof the objective oi the Present .A=b gvbd
Project, it is the intent ofuthe Authority to seek to increase-‘
'5‘
the gravity sections of the untertie pipeline one pipe size
diameter (3 inches) from the existing design, and in pursuit of ";
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same, the Authority shall immediately process an applicatipn
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with the California Coastal Commission, Central Coast Regional -\
Commission. for amendment of Coastal Development Permit No.
P—79—93. Any modification of said component, pursuant to the
cost—effectiveness study mentioned hereinafter or otherwisg, .
shall be accomplished Subject to the approval of the State Water

Resources ControliBoard.
(c) Estimated Construétion Costs. The estimated construction

costs of Phase I components of the PreSent Project, ificluding
administrative, legalw engineering, and contingency expend¢tures,
are: for the intertiegpipeline and attendant pumping facilities,
$3,000,000.00; for the“ocean outfall and attendant pumping faci—
lities, $3,600,000.00; and for the reclamation pipeline and
attendant pumping facilities, $500 000. 00.
(d) Implementation of Phase I of Present Project.
(1) Authorization to Construct. This Amendment

to the Agreement constitutes approval for Phase I of the
Present Project and 0f the budget therefor. The member
agencies heréby authorize the Authof;ty to,immediate1y pursue
and complete all planning and design efforts, including all
requirements of State and Federal law, and to promptly com—
mence construction and to accept State and Federal Grant
Agreements therefor.
. ~(11) Construction Schedule. Cdnstruction'of Phase I

_ofthe Present Project shall proceed on the time schedule as
set forth in the Santa.Clara County Superior Court's pre—
liminary injunction in Case No. 424949, or as said injunctibn~'
'
may be amended'or modified. .

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(111} Utilization, Operation and maintenance. Each

member agency hereby agrees to utilize the Phase I components
as said components are completed and available for use, and
to ensure' thé- proper operation and maintenance of same in
accordancé with the requirements of the Regional Water
Quality Control Board for the useful life thereof. Pursuant
to Article VII of this Agreement, it is hereby determined
'that the Authority shall have the ultimate responsibility
for the maintenance and operation of the Facilities
constructed as a part of the Present Project,,either with
its own personnel 0r pursuant t0 contract therefor.
As to any component of the Project not utilized

by all membe} agencies, the member agency or agencies
utilizing said component shall have the initial right and
reSponsibility for maintenance and operation'of said component.
Service charges shall be established consistent
with the Clean Water Gnant Program by the Authority or by
the member agencies. i
It is further hereby agreed that decisions of 5

the Authority with resp ct to operations and maintenance._Q¥
Phase I components incl ding the budgets thérefor, shall be
made based on six affiraative votes," 01 failing that, five
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affirmative votes including no less than one vote fro

each member agency. A member agency shall be—entitle
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to vete only with respect to the operation and maintenance

of a facility utilized by said agency
-'
(2) Phase II .
.
'
(a) AlternateATreatment Facilitiesa Phase II of‘the.

Present Project will be composed of the fourth component of the
‘
system being treatment facilities as envisioned in one of the
following two alternatives:
(i) Single Plant. One single Secondary activated

sludge treatment plant located at the.site of the existing
Half Moon Bay treatment plant facilities, and designed to
treat the combined flows from the individual collection
systems of the member agencies.
(ii) Multiple Plants. ‘Three separate tyeatment

'
‘
plants as follows: .
'
. Half Moon Bax. An upgraded treatment plant

10cated at the site of the present plant. .
.
Montara. An upgraded treatment plant located

at the site of the present plant. .
Granada. A new treatment plant located 1n the

,
vicinity of the present plant and pumping- facilities.

'(b) Determination of Phase II Treatment Facilities. The
determination of the Phase II treatment facilities and their
capacity, together with the allocation of said capacity and all
construction costs aud.operation and maintenance expenses per—
'taining thereto, shall be made within the time schedule established
in the aforementioned preliminary injunction, or as said *njunction
may be amended or modified, and after consideration of thg
foliowing: '~ . .
(i) A cbst— effectiveness study, prepared in

accordance with applicablé State and Federal regulations
-
governing grant funding for the construction of water

pollution control facilities; and .
(ii) The Land Use Plan portions of the Local Coastal

Programs applicable to the respective member agencies and
an analysis of the member~agenc1es' respective sewer service
needs pertinent thereto, in relation'to the objective of
_the Present Project.
(c) Implementation of Phase II of Present Project. This

Amendment to the Agreement constitutes approval and authorization
for the further planning,~de§igning and the construction of
Phase II of the Pre§ent Project. .
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(3) Funding. J
Only those components, referxed tu above, which are ~
fundable under the Clean Water Grant Program, shall be constructed

b3 the Authority.
(4) Allocation‘énd Reallocation of RightsL_Costé and Expenses.

-
In the event the member agencies choose to éonstruct‘a
single consolidated treatment plant facility, capacity rights and
construction costs pertaining thereto shall be allocated in proper ion,
to the member agencies' respective service needs as determined by {h
Land Use Plan portions of thejJnxial pertinent Local Coastal Progr ms
adopted by the California Coastal Zone Conservation Commission; n3
capacity rights and construction costs previously allocated in the
PhaseI components shall be reallocated to be consistent with the
treatment plant facility allocations, except tbat no member agency
shall receive any capacity in, or ultimately be required to have paid
any portion of the cost of any Phase I component not utilized by that
member agency. The total expenses oi operation and maintenance of all
of the components of the Present Project shall be shared in a manner
'based on flows into the single consolidated tréatment plant faciliyy.
In the event the member agencies choose to construct sepgrate
treatment plant facilities, reallocation of capacity rights and con—
struction costs shall occur as immediately above, except that: (i) no
member agency shall be allbcated less capacity 1n" any Phase I component
than the amount of capacity necessary to accommodate the present design
capacity of said agency' s treatment facility; (ii) no member agency
shall be required to pay more than the proportionate share of its
capacity in said component; and (iii) no reallocation shall occur with
respect to the reclamation component.. The expenses of operation and
.maintenance of the various components of the Present Project under the
separate treatment plant concept shall be borne solely by those member
agencies using said components and shall be shared in a manner basgd
on flows into the components. ’t
'9
(5) Goal of the Authority
In the event the single treatment plant concept is selected

as the fourth component under Phase II, it is the intent of the
Authority to further consolidate sewer functions -within the servicg \ .
_areas.of the three member agencies, and to establish a-uniform_sysyem.u i.

. of sewer _service charges, levied thréughout the entiré jurisdiction
of the Authority, with which to pay expenses of operations and
maintenance. i
(6) Credit for Existing Usable Facilities.
. 1t is the intent of thé member agencies to integrate

existing facilities to the extent possible into all components of the
Present.Project. Credit shall bb given any memben agency ior any of
said agency‘ s facilities,so integrated The credit is to be the 1 sser
of the member agency' s actual local cost or replacement cost 193$
straight- line depreciation. For purposes hereof, replacement cost
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means the total replacement cost as-distinguished from the total

replacement cost less_any grant which may be available therefor.
_Such credit shall be added to the total local share cost 0f the
applicable component into which the existing facilities are integrated,
before allocation of local share component costs is made to respective
member agencies.
(7) Completion of Present Project.
The member agencies agree to complete the Present Project

no later than July 1, 1983 in accordanCe with the requirements of the
Clean Water Grant Program, in a manner that meets the stated objectives
of the Present Project, and in a manner thatmakes maximum utilization
of the immediately available funding opportunities under the Program.
(8) Member Agencies' ReSpbnsibilities.

Each member agency hereby guarantees its aliquot share of
performance under this Agreement, including reimbursement to EPA and
the State Water Resources Control Board, as provided by and to thé
extent set forth in State and Federal statutes and regulations. "
IN WITNESS WHEREOF .the parties hereto have caused these presents

to be executed on the day and year first above written.
CITY 0F HALF MOON BAY :

A'
Attest:
.Byjpjv 119/ng By (£49;me 14f

‘1‘ f‘li
THE MONiAnA SANITARY"DI§TRICT
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Counteriééflz
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By By
President-v x144 2'4“
THE éRANAbA SANITARY DISTRICT'

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Countersign: .
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I , Secretary
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AGREEMENT
THE SEWER AUTHORITY MID-COASTSIDE
(THIRD AMENDMENT)
THIS AGREEMENT, dated May 9 , 1984, is made and

-
entered into by and between the City of Half Moon Bay, hereinafter
referred to as "Half Moon Bay", the Granada Sanitary District,
hereinafter referred to a3 "Granada", and the Montara Sanitary
District, hereinafter referred to as “Montara”:
Elz§§§§§$$
WHEREAS, Half Moon Bay, Granada, and Montata have heretofore
entered into an agreement entitled "An Agreement.Creating the Sewer
Authority Mid—Coastside", dated February 3, 1976;
WHEREAS, the parties have heretofore twice amended said

Agreement; and
WHEREAS, the parties hereby desire to further amend said

Agreement;

covenants and conditions herein contained, the parties hereto agree
to amend said Agreement as follows:
l. Article V, Section (F) is hereby amended to read as

follows: -
"(F1 Payments of Amount Due; Interest;

SurDlUS. Amounts required to be paid by any
member agency shall be due and payable
thirty—Eive (35) days from the date of
billing by the Authority. If such amount is
not paid in full by the due date, interest
will be added from that date at the rate
charged by the bank where the Authority
maintains its principal account, based on
such rate in effect on the first day of the
month for which the computation is made on a
30-day $100,000 certificate of deposit.
Interest shall not be compounded.
After completion of the purpose for which
funfls were provided to the Authority by a
member agency, any surplus money shall be
returned to that member agency in proportion
to the funds (excluding interest) so
provided.“
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2. The Secretary of the Authority shall file with the
Secretary of State a notice in accordance with Government Code
Section 6503.5. and shall file notices. as appropriate, in
accordance with Government Code Section 53051.
IN WITNESS wHEREOF, the parties hereto have caused these

\
CITY OF HALF MOON BAY MONTARA SANITARY DISTRICT
By i/ws fl%¢%Mayof '~

By ,quPresiaent
(H. rflJggflk
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Attest,
BY 1/37;;€:;;I£>//<%§é;/
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Segietary
(seal) (geal)
President
Attest:
C&/f
‘
ecretary (Acting)
(seal)
mmwmwae 05/04/34
9-9
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IPA
Amendment 3
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AGREEMENT
(THIRD AMENDMENT)
THIS AGREEMENT, dated May 9 , 1984, is made and

.
hereinafter referred to as “Gxanada", and the Montara Sanitary
District, hereinafter referred to as "Montara":
Elgflgaggzy
WHEREAS, Half Moon Bay, Granada, and Montara have heretofore
entered into an agreement entitled "An Agreement Creating the Sewer
Authority M1d*Coastside”, dated February 3, 1976:
WHEREAS, the parties have heretofore twice amended said

Agreement; and
WHEREAS, the parties hereby desire to further amend said

Agreement:
NOW, TBEREFORE, in consideration of the mutual terms,

covenants and conditions herein contained, the parties hereto agree
1. Article V, Section (F) is hereby amended to read _as

follows: -
"(F1 Payments of Amount Due; Interesgi

Surglus. Amounts required to be paid by any
member agency shall be due énd payable
thirty—Eive (35) days Ezom the date of
billing by the Authority. If such amount is
not paid in full by the due date, interest
will be added Erom that date at the rate
charged by the bank where the Authority
maintains its principal account, based on
such rate in effect on the first day of the
month for which the computation i3 made on a
30-day $100,000 certificate of deposit.
Interest shall not be compounded.
After completion of the purpose for which
funds were provided to the Authority by a
member agency, any surplus money shall be
returned to that member agency in preportion
to the funds (excluding interest) so
provided."
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Section 6503.5. and shall file notices, a3 appropriate, in
accordance with Government Code‘Section 53051.

'1
.CITY O? HALF MOON BAY MONTARA SANITARY DISTRICT

”
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By ¢fi/Zzu fl/fié/Zfi g1 ‘
By r airy; 4...
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rifli-fig-Mav
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Mayor -
President
Attest:
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Attest:
mm/M/fle,r City elegy47

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By fl/mf’
Segietary
(seal) (geal)
President
Attest:
/M%éL/€QM
flA/Z1 ‘51//?CX71_//
Secretary (Acting)
(seal)
WHAM:JLC:vae 05/04/84
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IPA
Amendment 4
Au
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AGREEMENT
(FOURTH AMENDMENT)
THIS AGREEMENT, dated NOVEMMR 17 1986, 1s made and

,
hereinafter referred to as "Granada”. and the Montara Sanitary
District, hereinafter referred to as "Mentara":
W I T N E S S E T H:
WHEREAS, Half Moon Bay, Granada, and Montara have heretofore

entered into an agreement entitled "An Agreement Creating the Sewer
Authority Mid-Coastside", dated February 3. 1976:
WHEREAS, the parties have heretofore three times amended
said Agreement; and
WHEREAS, the parties hereby desire to further amend said ‘
Agreement;
covenants_and conditions herein contained, the,parties hereto agree
l. Article III, Section (I), Subsection (2) is hereby

amended to read as follows:
e~.:’ 'Wz) Treasurer. ,The Authority shall

'4’ I
‘appoint one of its officersto

:be the depositary and have custody of all the
‘
3 money of the Authority from whatever source.
The treasurer so designated shall:
(a) Receive and Tgceipt for all

money of the Authority and place it in the
treasury of the treasurer to the credit of
the Authority.
(b) Be responsible upon his

official bond for the safekeeping and
disbursement of all Authority money so‘held
by him.
(c) Pay, when due, out of money of
the Authority so held by him, all sums
payable on outstanding bonds and coupons of
the Authority.
(d) Pay any other sums due from the
Authority from Authority money, or any
portion thereof, only upon checks drawn
against the Authority, duly authorized by the
Board and executed by two directors or by one
director and the manager.
(e) Verify and report in writing on

the first day of July, October, January and
April of each year, to the.Authority, and to
each of the member agencies. the amount of
money he holds for the Authority, the amount
of receipts since his last report, and the
amount paid out since his last report.
(f) Perform other services as

directed by the Board.“
Section 6503. 5 and shall file notices, as appropriate, in
accordance with Government Code Section 53051.

presents to be executed on the day and year first above wgitten.
CITY 0F HALF MOON BAY MONTARA SANITARY DISTRICT
By '
By
Brian Beer, Mayor res ent
Attest: Attest:
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w—t'flgfl—d’
By //L//'Aadx Q5 ecretary
Cl
RalphenacR. %ues te~r
(SEAL) (SEAL)
yflflétz 2: kfmgéL
President
Attest:
JLc:cjw 10/10/86
9-9
IPA
Amendment 5
££“1a
AGREEMENT kn
(FIFTH AMENDMENT)
THIS AGREEMENT, dated May 22. 1989, is made and

,
entered into by and between the City of Half Moon Bay,

hereinafter referred to as "Half Moon Bay",‘the Granada
Sanitary District, hereinafter referred to as "Granada”, and
the Montara Sanitary District, hereinafter referred to as
"Montara";
fl l I fl E § E E I H:
WHEREAS, Half Moon Bay, Granada, and Montara have

heretofore entered into an agreement entitled "An Agreement
Creating the Sewer Authority Mid—Coastside", dated February 3,
1976, the Sewer Authority Mid—Coastside being herein referred
to as the "Authority";
WHEREAS, the parties have heretofore four times amended

said.Agreement; and
WHEREAS, as a condition to Federal and State partial

funding of the wastewater interceptor, treatment and disposal
facilities heretofore constructed bj the Authority, and now
operated and maintained by the Authority, it is necessary that
uniform wastewater treatment standards and regulations be
established throughout the jurisdictions of the member
agencies; and
WHEREAS, the member agencies desire to amend said Agreement

in order to empower the Authority to adopt uniform regulations
establishing the aforesaid standards and regulations, and to
enable the Authority to implement and enforce said standards
and regulations throughout the jurisdictions of the member
agencies;

covenants and conditions herein contained, the parties hereto
agree to, and they do, hereby, amend said Agreement as follows:
1. Article II, Section C of the Agreement is hereby

amended by the addition of a subsection (12) thereto, said
subsection to read as follows:
"(12) to adopt regulations establishing uniform
wastewater treatment standards and regulations throughout
the jurisdictions 0E the member agencies in order to enable
the Authority to comply with its NPDES permit and the
federal and state regulations applicable to facilities
3005000/26
constructed under the Clean Water Grant Program; when
authorized by a member agency, implement, and enforce
through civil or'criminal means, such standards and
regulations on behalf of said authorizing member agency;
and, on its own behalf, implement, and enforce through
civil or criminal means, such standards and regulatiOns."
2. Article IV, Section B of the Agreement is hereby

amended by the additon of a subsection (9) thereto, said
subsection to read as follows:
"(9) mmmmmmmmmmfim
Each member agency hereby agrees to adopt wastewater
treatment standards and regulations consistent with
wastewater treatment standards and regulations adopted by
the Authority.
Such standards and regulations shall include

provisions related t0 industrial waste in which there shall
be established criteria for, and restrictions on, the
nature and quality of industrial waste discharged either
directly or indirectly into the Authority's facilities.
The industrial waste standards and regulations shall
authorize the issuance of industrial waste discharge
permits thereunder and provide that such permits will be
issued by the Authority, shall authorize field inspectors
or other employees of the Authority to act as enforcement
agents of the member agency with the power to inspect and
issue notices for violations of the standards and
regulations, and shall confer upon, and empower the
Authority t0 seek civil injunctive relief or criminal
prosecution, or both, for noncompliance with, or violation
0f, such standards and regulations by any discharger."

Secretary of State a notice of this amendment to the Agreement
in accardance with Government Code Section 6503.5.
3005000/26
presents to be executed 0n the day and year first above written._
CITY OF HALF MOON BAY MONTARA SANITARY DISTRICT
By%m0
Nauru“.
@fl
Mayor
Patz‘idge
President
Attest:
'
Attest:
m/flm/gr’
/ CierW City
Ralphena R. Guest
By Jm 146%
Secretary
{Page 3 of 3, 5th Amend. to 3AM. JPA) (Seal)
GRANADA SANITARY DI STRICT
3095000/26
IPA
Amendment 6
AGREEMENT
(SIXTH AMENDMENT)
THIS AGREEMENT, dated June 23, 2003, is made énd entered into by and between
the
City ofHalf Moon Bay, hcreinafier referred to as “HalfMoon Bay,” the Granada
Sanitary
District, hereinafter referred to as “Granada,” and the Montara Sanitaxy District, hcrcinaficr
referred to as “Montara”;
flllflflfififlifi
WHEREAS, Half Moon Bay, Granada, and Montara. have en}ercd into an agreement
entitled “An Agreement Creating the Sewer Authority Mid—Coastside,” dated February 3, 1976
(the “Agreement”), the Sewer Authority M&Coastside bcing herein referred to as the
“Authority”;
WHEREAS, the panics have on five prior occasions amended the Agreement;
WI-EREAS, the Agreement provides that the officcfs ofthe Authority shall hold ofiicc
fora. period of one year, commencing July 1 of each year, and
WHEREAS, the member agencies dwire to further amend the Ageement in order to
provide that the one yea: period for holding office commence on January l of each year,
NOW, THEREFORE, the paniw agree that Article II], Section (H) of the Agreement 1's
amended to read as follows:
“(H) Officers
The Authority shall have three officers: Chairman, Vice Chairman and Secretary.
The directorsof the Board shall select fiom the Board these three officers who shall hold
ofice for a period of one year, commencing January l ofeach year, provided, however,
that the current oficcrs shall hold office until December 3 l, 2003, and provided further
that, in the event that a member agency removes fiom the Board a director serving as an
officer, the Board shall appoint another director to fill the vacant office for the remainder
of that ycar.
(1) The Chairman shall preside at the meetings ofthe Board. The
Chainnan’s dutiw shall be to call meetings to order, adjourn meetings, announce the
business before the Board in the order in which it is to be acted upon, recognize directors
and non-directors entitled to the floor, put to vote all questions moved gnd secoaded,
announce Iwults ofvotw, maintain the rules of order, execute documents on behalf ofthc
Board when duly approved for action, and can'y out the other duties set forth in the
bylaivs. The Chairman shall be entitled to‘ exercise his full voting rights on all questions
before the Board and need not relinquish the chair to discuss a question before the Board
WI 132211.594 30050/u’30050f00000
.4).
(2) A
Vice Chairman shall be selected and hold office in the same
manner
Chairman and in the absence ofthc Chairman shall preside and hold
as the
the same
powers as if he were the Chairman.
(3) A Secretary shall also be selected fi'om the Board by its directors.”
IN WITNESS WI-BRBOF, the parties have caused time prments to be executed as of the
day and year first above Written.
CIT F HALF MOON Y MONTARA SANITARY DISTRICT

By
'
v 4: ,ZIM
Mayor
City‘Clerk
d ‘,
}; (4..) By Jife/g
~
By
Attest:
.
President
flg/
Secretary
‘
“
GRANADA SANITARY DIS TRICT
mam 24%
AM%kW
By ‘
W
President
Secretary
-
2
SF] EJRHJW amulo
JPA
Amendment 7
AMENDMENT TO AGREEMENT CREATING
THE SEWER AUTHORITY MID-COASTSIDB
(SEVENTH AMENDMENT)
THIS AMENDMENT, dated as oprn'l 1, 2010, is made and entered into by and
‘
between the City ofHaIfMoon Bay, hereinafter referred to as “HalfMoon Bay,” the Granada
Sanitary District, hereinafier referred to as “Granada,” and the Montara Water and Sanitary
District (formerly the Montara Sanitaxy District), hereinafier referred to_ as “Momma”;
WHEREAS, HalfMoon Bay, Granada, and Montara have entered into an agecmcnt
entitled “An Agreement Creating the Sewer Authority Mid-Coastside'f' dated February 3, 1976
(the “Agreement” ,
the Sewer Authority Mid-Coastside being herein referred t0 as the
“Authority”;
WHEREAS, the parties have on six prior occasions amended the Agreement;
WHEREAS, the Agreement provides that the Authority shall have three officers
(Chairman, Vice Chairman, and Secretary), and requires that one 0f those officers be appointed
Treasurer, and
WHEREAS, the member agenciw desire to further amend the Agreement in order to
provide that the Authority shall have four officers, and that one ofits directors shall be appointed
Treasurer;
NOW, THEREFORE, theparties agree that:

l. Article III, Section CH) ofthe Agreement is amended to read as follows:
“(H) omccrs
The Authority shall have four omcers: Chaiman, Vice Chaimlan, Secretary and
Treasurer. The directors ofthe Board shall select fi'om the Board these four officers who
shall hold office for a period of one year, commencing January 1 of each year; provided
that, in the event that a member agency removes fi'om the Board a director serving as an
ofiiccr, the Board shall appoint another director to fill the vacant office for the remainder
of that year.
(1) The Chairman shall preside at the meetings of the Board. The
Chairman’s duties shall be to call meetings to order, adjourn meetings, announce the ,
business before the Board in the order in which itjs to be acted upon, recognize directors
and non-direotors entitled to the floor, put to vote all questions moved and seconded,
announce results ofvotes, maintain the rules of order, execute docummts on behalf of the
Board when duly approved for action, and carry out the other duties set forth in the
bylaws. The Chairman shall be cnu'tled to exercise his full voting rights on all questions
before the Board and need not relinquish the chair to discuss a question before the Board.
SP1 155 524W] 30050/0

~l d.
(2) A Vice Chairman shall be selected and hold office in the same manner
as Chairman and in the absence of the Chairman
L’ne shall preside and hold the same
powers as ifhe were the Chairman.
(3) A Secretary shall be selected fiom the Board by its directors.

(4) A Treasurer shall be selected from the Board by its directors.
The Chairman may not serve in two officer posifion simultaneously. Any director other
than the Chairman may serve in two officer positions simultaneously.”
2. Article III, Section (I), Subséction (2) ofthe Agreement is amended to read as
follows:
“(2) Treasurer. The Treasm'er shall be the depositary and have custody of all
money of the Authority from whateVer source.
The Tr_casurcr shall:
(a) Receive and receipt for all money of the Authority and place it in the
treasury of the Treasurer to the credit of the Authority.
Be rmsponsiblc upon his oflicial bond

(b) for the safekeeping and
disbursement of all Authority money so held by him.
Pay, when due, out of mqncy of the Authority so held by him,

(c) all sums
payable on outstanding bonds and coupons of the Authority.
Pay any other sums due fiom the Authority fi'om Authority money, or
(d)
any portion thereof only upon checks drawn against the Authority, duly authorized by the
Board and executed by two directors or by one director and the manager.
(c) Vefify and on the first day of July, October, January

report in writing
and April of each year, to the Authority, and to each of the member agencies, the amount
ofmoney he holds for the Authority, the amount of receipts éince his last report, and the
amount paid out since his last report.
I
(f) Perform other services as directed by the Board.”
SF]. ISSSZQVJ 30050/0

‘J
3. The Secretary of the Authority shall file with the Secretary of State a notice in
accordande with Government Code Section 6503.5, and a copy of the filll text ofthe Agreement,
and any amendments thereto, with the State Controller in accordance with Government Code
Section 6503.6. The Secretary ofthe Authority shall also file with the Secretary of State and the
San Mateo County Clerk notices, as appropriate, in accordance With Government Code Section
53051.
IN WITNESS WHEREOF, the parties have caused these presents to be executed as of the
day and yea: first above wn'ucn.
CITY OF HALF MOON BAY MONTARA WATER AND SANITARY

DISTRICT
B
‘
Mayor
u
::-,:V
Qiégt
fy/V’
z»
Wm fa
CF/q
/
[a
By
President
t‘ ®Q\?fl'z"x
Angst; Attest:
I,
’
Bfibmahavw By
VVV\
City Clerk Seer tary
GRANAD/Arlszwrrlf
’[DISTRICT
‘_
'
President
Attest:
By
x
/
@1/ WW
Secretary
SFI 1555242v2 30050/0

JPA
Amendment 8
‘1 '1
AMENDMENT TO AGREEMENT CREATING

THE SEWER AUTHORITY MID-COA-STSIDE
(EIGHTH AMENDMENT)
THIS AMENDMENT, dated as ofFebriJary 1, 2011, is made and entered into by and
between the City of Half Moon Bay, hereinafier referred to as “Half Moon Bay,” the Granada
Sanitary Districthereinafier referred t0 as “Granada,” and the Montara Water and Sanitary
District (formerly theMontara Sanitary District), hereinafter referred toas “Méntara‘”;
WHEREAS, HaIfMoon Bay, Granada, and Montar'a have entered into an. agreement
entitled “An Agrcément Creating the Sewer Authority MideCoastside,” dated February 3, I976
(the *‘Agreemenl’d, the Sewer Authority Mid-Coasts‘ide being herein referred to as the
“Authority”; .
WHEREAS, the parties have On seven prior occasions amended the Agreement; and
WHEREAS, themcmber agencies dwlfe to further amend the Agreement m order to

rcplace the gender specific terms therein with gender neutral terms and to delete a provision that
is no longer consistent with State law;
NOW, THEREFORE, the parties agree that:
1. Article III ofthe Agreement is amended toread‘as foliOws:
“III. ORGANIZATION
(A) Membership. The members ofthe Authority shall be-each public

which has cxe'cut‘ed this Agreement, or any addenda, 'amcudmcnt or
entity
supplement thereto, and which has. not, pursuant to the provisions hereof,
withdrawn therefrom. A list ofthc members shall beavajlable to each member.
(B) Desiggation of Directors. Within fifleerr (15) days after execution

of this Agreement, the member agendas shall designate 'and appoint, by
rmolution oftheir rapective ‘gOVe'rm'ug b'o'dies, representatives to act as their
directors on the Board. Each member agency shall appoint two representativgs to
SAM, and fhese six representatives shall constitufe the Authofity’s full Board 0f
Directors. Each member agency shall also appoint one alternate director whose
name shall be on file-with the Board and who may assume all rights anddufim of
an absent director representingthe appointing member agency. Each director and

office from the first meeting of the‘Bqard afim his or her
alternate shall hold
appoinnncnt by the govémlhg body which he or she represents until a successor is
selected Directors and alternates shall serve at the. pleasure ofthe governing
body of the appointing member agency and may be removed at any time, With or
without cause 31 the sole discretiOn of said member agency s governing body A
SF] l65¢63é73 3005010

director or alternate must be a member of the governing body ofthe appointing
member agency.
(C) Princigal Office. The principal office of the Authority shall

initiallybe the Half Moon Bay City Hall. The Board is hereby granted full power
and authority t0 change said principal office fi'om one location to another within
its boundary. Any change shall be noted‘by the Secretary under this Section but
shall not be considered an amendment to this Agreement.
(D) Meetings. The Board shall,mee,_t;at~th_e principal office of the

Authority 0r at such Qfller place as may be designated by the Board. The time and
place ofregular meetings of the Board shall be determined by resolution adopted
By the Board. A wpy ofsuoh resolutidn shall be furnished tQ'each party hereto.
Regular, adjourned and special meetings shall be called and held in manner as
:the
pr'oVided in Chaptez: 9, Part 1, Division 2, Title 5 of the Government Code ofthe
State of California. (Section 54950 ct seq.).
(E) Quomm. That number ofBoard members reprwenfifig a simple

majon'ty ofthe v_o_tes 0n the- Board shall constitute a quorum for the transaction of
business, except that less than a quorum m‘ay adjourn fiom time to time.
Powers of. the Board and Limitations Thereon.

(F) A1] ofthe powem
and authority of SAM shall be exercised by the Board subject to the following
conditions and limitations:
(I) each director from Half Moon Bay shall be Entitled to two
votes; each directbr fiom Montara and Granada shall be entitled to one
Vote;
(2) unless otherwise provided by law or elsewhere herein, a

quorum of directors may, by five (5) affirmative votes, adopt anymotibn
and take any other action flley deem appropriate to carry forward the
objecnvw ofthe Authority. Passage of any resolution shall require six (6)
affirmative votes;
(3) .
final approval’of anyr'general budget or project budget shall
require the’ consent of every member agency or participating member
agency as provided m Section (G) hereof, and Article V, Sections (A) (B),
and (C), thereof;
(4) n6 project shall be commenced without consent of every

parlicipating member agency.
(G) Consent ofMembers. In any matter pracfibed herein to require

the consent ofmember agencies, said consent shall be evidenced by a certified
copy of the resolution of the governing body of such member agency filed with
the Authority.
SFI I664634vl BWSM)

(H) Officers. The Authority shall have four officers: Chair, Vice
Chair, Secretary ahd Treasurer. The directors of the Board shall select from the
Board these four officers who shall hold office for a period of one year,
commencing January 1 0f each year; provided that, in the event that a member
agency removes from the Board a director serving as an officer, the Board shall
appoint another director to fill the vacant office for the remainder of that year.
'
(1) The Chair shall preside at the meetings of the Board. The
Chair’s duties shall be to call meetings‘to order, adjourn meetings,
announce the business before the Board in the order in which it is to be
acted upbn, recognize directors and nou-directors entitled to the floor, put
to vote all questions moved and sec'o‘nded, announce results of votes,
maintain the rules of order, execute documents on‘behalf of the Board
when duly approved for action, and carry out the other dutiw set forth in
the bylaws. The Chair shall be enfitled t0 exercise his Other full voting
rights on all questions before the Board and need not relinquish the chair
to discuss a question before the Board.
(2.)_ AVice Chair shall be selected and hold ofiice in the same
manner as the Chair and in the absence of‘the' Chair shall preside and hold
the same powers as ifhe or she were the Chair.
‘(3) A Secretary shall be selected fiom the Board by its

'
directors. _
(4) A Treasurer shall be selected from the Board by its

directors. .
The Chair may not serve in two officer posifiofis simultaneously. Any
director 'o'ther‘ than the Chair may serve in two officer positions simultaneously.
(I) m
the Authority shall initially
Ganeral stafffimotions to s.srve‘thc administrative needs of
be provided by employees of thcmcmber agencies,
and credited towards said respective member agencies’ financial contributions or
obligaiions as provided in Article V, Section (D) below. The étaffposftions shall
‘
be as follows:
.'
Manage]: The authority shall employ or contmct for the
(1)
services bf amanager Who may or may not be a staffmembcr'of one of the
member agencies. The manager shall answer to the‘Board and be
responsible for‘all administrative needs ofthe Authority. The manager
shall also b6 respdnsiblc for the genera] echution of all Authority policies
as set by the Board.
(2) Treasurer. The Treasurer shall be thedepositary and have

custody of all money of the Authority from whatever source.
SFI 165463412 3005010

The Treasurer shall:
(a) Receive and receipt for all money of the Authority

and place it in the treasury 0f the Treasurer t0 the credit of the
Authority.
(b) Be responsible upon his or her official bond for the

safekeeping and disbursement of all Authon'ty money so held by
the Treasurer.
(c) Pay, when due, out of money of the Authority so

held by the Treasurer, all sums payable on outstanding bonds and
'coupons of the Authority.
(d) Pay any other sums due from the Authority fi‘om
Authority money, qr any portion th'ereof; only upon checks drawn
against the Authon'ty, duly authOri'zed by the‘ Board and executed
by two directors or by dne director and the manager.
(c) Verify and report in writing on tficfirst, day of July,

October, January and April of'e’ach year, to'the Authority, and to
r
each of the member agencies, the amount ofmoney the Treasurer
holds for the Authofity, the amount ofreceipts since the last report,
and the amount paid out sinca the last r‘epofi.
(fl Perform other serviCes as directed by 'thc Board.
(3) Others. The Board may employ 0r contract for the services
of individuals .or Other staffpositions
as ncpmsqry to assist in the
administration and execution ofthe functions Qf'the Authon’ty;
Charges for Services. Charges for the services 0fthe manager, the
treasurer, and. other administrative or Operating personnel supplied by any
member agency shall be jointly agreed upon with the member agency or member
agencies finfnis’hing the services in advance ofreccipt ofsaid ségviccs.
Officers, Employees and Agents. Any Qfiicer, employee'or agent

of the Authority may. also be an ofiiccr, employee, or agent of any member _
agency. The appointment _or employment by the Board of such a person shall
constitute a determination that the two positions are compatible. Notwithstanding
the above, the Manager and the Treasurer, shall not be employefi of the same
member agency without the unanimous consent of t'hq complete Board of
Directors.
A11 privilegac and immunities Eon] liability, all exemptions from laws,
ordinances and rules, and all pension, relief, disability, workers’ compensation,
and other benefits which apply to the activities ofofficer‘s, agents, or employees
SF] 1654634512 3005be

H
0f a member agency when performing their respective functions shall apply to

them to the same degree and extent while engaged in the perfonnance 0f any of
the functions and othcr~duties under this agreement.
None ofthe officers, agents, qr employees directly employed by the

Authority shall be deemed by {eason 0f their employment by the Authority, to be
employed by anymember agency 0r to be subject to any ofthe requirements of
any member agency.
(L) Accounting and Audits. There shall be astriqt accountability of all

Authority funds and report of all receipts and disbursements in compliance with
Article I; Chapter S, Divisipn 7, Title I of the Govmmnent Code (Section 6500 ct
seq.). The Board, acting as controller, shall contract'with a certified public

accountantor public accountants to 'n'iake an annual audit of the accounts. and
records 0f the Authon'ty. ‘In each case the minimum requirements ofihe audit
shall be those prescribed by the State Contrbller for special districts under Section
26909 0f the Govemment Code and shall conform to generally accepted auditing
standards. The records and accounts of the Authority shall be audited annually,
and a report thereofshall be filedaé a public'reéord ,Withj the Auth‘ofity and with
each ofits mambe'r agencies and the San Mateo County Auditor, not later than six
(6) months following the end ofthe fiscal year under examinanon. Any costs of
the audit, including contracts with or employment of, a certified public accountant
or public accountants shall be borne by th‘e Authority and shall be charged against I
its general fu‘nd.
Access to Property. The manager and treasurer are hereby

(M)
designated as the persons who have charge of, handle, and have access to the
prepcrty of the Authority. Each such person shall file with the Authority an
official bond in an amount to be fixed by the Board. Cost ofs'ajd'bon'd shall be
paid by the Authority.
(N) Minutes. The secretary ofthe Authority shall cause to be kept

minutes 'ofregular, adjourned regular and-special meetings of'the Board, and shall
cause a 00py of the minutes to be forwayded to each director and to each of the
member agencies hereto within a reasonable time which shall be fixcd by the
Board.
(O) The Board may adopt fi‘om time to time such rules and regulations
Rules.
for the conduct ofits affairs as m_ay be required. Parliamentary rules and procedurgs shall
be those prescribed in Robert’s Rules of Order Any documents required to be executed
by the Authority s_hall be signed by the Chair and countersigned by the-Secretary, except
that the Board may, by resolution, authorize other offiCBrs or employee's to sign on behalf
of the Authority.”
2. The Secretary’ofthe Authority shall file with the Secretary of State a notice in
accordance with Government Code Section 6503.5, and a copy of the filll text of the Agreement,
and any amendments thereto, with the State Controller in accordance with Government Code
_
SF] I654 634 v.1 3005010

y
The Secretary of the Authority shall also file with the Secretary of State and the
Section'6503.6.
San Mateo County Clerk notices, as appropriate, in accordance with Government Code Section
5305 1.
IN WITNESS WHEREOF, the parties have caused these presents t0 be executed as ofthe
day and year first above written.
/
MOON BAY MONTARA WATER AND SANITARY
CITY OF HALF
DISTRICT
L
By k/x/L’Jiwo
"
/ 5‘ 2444/7
Mayor / ‘
By I
Premdent
-
Attest:
By
City Clerk
GRANADA SANIT Y DISTRICT \
i
By?
///
WM;
Countersigned:
By @z/
fl
W
President
Secreiary
SFI 165463“: 3005010

EXHIBIT B
r’)
AN AGREEMENT CREATING a
'
consolidated and updated as of October 10, 2011 {includes revisions resulting fiom amendments 1 through 8 to the
original agreement)
SF! 156278315 30050/0

¥
j,
F
7
AN AGREEMENT CREATING
TABLE OF CONTENTS
Page
I. DEFINITIONS ....................................................... ; .................................................................... I
II. PURPOSE AND POWERS ....................................................................................................... 2
A. Authority Created ..................................................................................................... 2

B. Purpose of the Agreement .................. ...................................................................... 2
I
C. Powers of the Authofity..... ................................................... ..... ............................ 2

. .
D. Boundaries ........... ....................................................................................................

_
4
E. Overlapping Service Areas ...................................................................................... 4
III. ORGANIZATION .................................................................................................................... 4
A. Membefshjp ........................................................................ 4
B.
‘
Designation of Directors .......................................................................................... 4
C. Principal Office ...................... .....................
. ..... .......................................... 5
.
D. Meetmgs ....................................................................... 5
E. Quorum. .............. ............. ...................... ............................................................ 5

. .
F. Powers 0f the Board and Lirmtations Thereon ........................................................ 5

G. Consent 0f Members. ............................................................................................... S
H. Officers .................................................................................................................... 5
I. Staff .......................................................................................................................... 6
1. Manager ....................................................................................................... 6
2. Treasurer .......................................................................... ........ 6
3. Others ........................................................................................................... 7
J. Charges for Services ..... ............... . ................................................ . ................. 7
K. Officers, Employess and Agents .............................................................................. 7
L. Accounting and Audits ............................................................... ................... 7
‘
M. Access to Property ....................................................... ........................................... 7

.
N. Minutes ................................................ ................................................................... 8

.
O. Rules ....................................................... ................................................................ 8

.
1v. PLANNING AND PRESENT PROJECT ................................................................................ 3
A. Planning Policy .................................................... ..... ............................................. 8

. .
B. Present Project ......................................................................................................... 8

I. Phasel ............. ...... ..................................................................................... 8
. .
a. Components ..................................................................................... 8
b. Possible Modification 0f Intertie Pipeline Component... .........9
c. Estimated Construction Costs .......................................................... 9

d Implementation ofPhase I of Present Project. ................................. 9
SFI 156278815 3005010

K, .l
2. Phase II ....................................................................................................... 10
a. Alternate Treatment Facilities........................: ............................... 10
b. Determination of Phase II Treatment Facilities ............................. 11
c. Implementation ofPhase II of Present Project .............................. 11
'
3‘ Funding. .............. ....................................................................................... 11

‘
4. Allocation and Reallocation oijghts, Costs and Expenses. .................... 11

5. Goal of the Authority. ................................................................................ 12
6. Credit for Existing Usable Facilities .......................................................... 12
‘
7. Completion of Present Project. ...................................... ............................ I2

8. Member Agencies’ Responsibilities. ................... 12
9. Wastewater Treatment Standards and Regulations .................................... 12
V. BUDGETS AND PAYMENTS ............................................................................................... 13
A. General Budget ...................................................................................................... 1-3
B. Project Budgets ...................................................................................................... 14

C. Effect ofFailure of Approval of Budgets... .... ........I4
D. Contributions; Payments and Advances; Use 0f Personnel, Equ1pment or

.
Property; Exchange of Services ............................................................................. 15
E. Expenditures for the Approved Budgets ................................................................ 15
F. Payments of Amount Due; Interest; Surplus ......................................................... 15
G. Reimbursement of Funds ....................................................................................... 16
VI. AUTHORITY PROJECTS ..................................................................................................... 16
A. Proj ect Members .................................................................................................... 16

B. Authority Construction Projects ............................................................................ 16
VII. MAINTENANCE AND OPERATION OF FACILITIESI6

A. Maintenance and Operation 0f Facilities ............................................................... 16
VIII. PROPERTY RIGHTS .......................................................................................................... 16
A. Proj ect Facilities ..................................................................................................... 16

B. Distribution of Assets and Termination of the Authority ...................................... 17
C. Liabilities ..................................................................... ..........................................
~
17
D. Failure to Meet Discharge Requirements—Separ’ate Effluent Discharge ......... I7
E. Failure to Meet Discharge Requirements—Combined Effluent Discharge .......... 17
1X. SETTLEMENT OF DISPUTE OR CONTROVERSY .......................................................... 18
X. MISCELLANEOUS PROVISIONS ................................. 18
A. Duration ................................................................................................................. 1 8
B. Rescigsion and Termination ................................................................................... 18
C. Wlthdrawal ........................ 18
ii
SF] 1562188v.5 300501'0

rump
Severancel9
Amendmenm 19
Filing With the Secretary of State ........................................................................... 19
Exhibit A — Service Area Boundary ....................................................................................... A—l
iii
SFI 1562738V.5 3005010

"1
AN AGREEMENT CREATING
. .
THIS AGREEMENT, dated February 3, 1976, is made and entered into by and between
the City of Half Moon Bay, hereinafter referred to as “Half Moon Bay”, and the Montara
Sanitary DisU‘ict, hcreinafier referred t0 as“‘MontaIa”, and the Granada Sanitary District,
hereinafier referred to as “Granada”;
WITNESSETH:
WHEREAS, the parties hereto have in common the power t0 plan for, acquire, construct,
manage, operate and control facilities for the
reconstruct, alter, enlarge, replace, repair, maintain,
collection, transmission, treatment and disposal of wastewater for the benefit of the lands and
inhabitants within their respective boundaries; and
WHEREAS, it would be in the best interest of each of the parties hereto, each 0f which is
located within the Half Moon Bay Basin, and the lands and inhabitants within the boundaries of
said parties, for a single representative organization t0 be established, composed 0f elected
officials from said panics, which would be capable of developing a joint waste collection,
transmission, chatmentflisposal and management plan (hérein “Wastewater plan”) for the Half
Moon Bay Basin, ahd capable of acquiring, oonstmcting, maintaining, managing, operating and
controlling facilities for the joint collection, transmission, treatment and disposal of wastewater
Within said basin; and
WHEREAS, it has been determined thaI an areawide wastewater plan for said basin and
the providing of facilities for joint collection, uansmission, treatment and disposal of wastewater
within said basin may best be undertaken and achieved by cooperative action of the parties
hereto and in the manner provided for in this agreement; and
WHEREAS, Title I, Division 7, Chapters of the Government Code of‘the State of

California authorizes the joint exercise by agreement of two 0r more public agencies of any
power common t0 them;
NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions

herein contained, the parties hereto agree as follows:
I. DEFINITIONS
Unless the context otherwise r'equircs, for the purposes of this agreement, the following
words shall have the following meanings:
(a) “The Authority” 0r “SAM" means the Authority fonned pursuant to this
agreement.
'
consolidated and updated as of October 10, 2011 (includes revisions resulting from amehdments 1 through 8 to the
original agreement)
SFI 1562783v§ 3005010

(b) “Agreement” means this Joint Exercise of Powers Agreement.
(c) “Board” or “Board of Directors" means the governing body of the Authority.
(d) “Construction” includes acquisition, reconstruction, alteration, enlargement,

replacement or reparation as well as consh'uction.
(e) “Disposal” includes reclamation as Well. as discharge to a receiving body of water.
(t) “Facfiity” 0r “Facilities” means any buildings, works, improvements or property

acquired, constructed, maintained, managed, operated or controlled by SAM.
(g) “Fiécal Year” means July lst t0 and including the following June 30th.
.(B) “General Budget” means the approved budget applicable to the expenses of
administration of the Authority and operation and maintenance of the facilities.
(i)“Half M0011 Bay Basin” means hydrographio sub~unit #9 as defined in the ABAG
Employment and Land Use Projections, San Francisco Bay Region,
report entitled “Population,
1970—2000”; generally the lands between Tunitas Creek and Devil’s Slide bounded on the
~
eastern side by the ridgeline defining the coastal watersheds.
(j)
“Member Agency" or “Party” means either Half Moon Bay, Granada or Montara.
“Member Agencies” or “Parties” means Half Mooa Bay, GIanada and Montara.
(k) “Paxticip‘ating Member Agency” means a member agency

that has or will acquire
rights and assume obligations in connection with a particular project of the Authority.
(1)
‘Troject” may include a study, a plan, or a facility.
(m) “Project Budget” means the approved budget applicable to a particular study, plan
0r facility.
II. PURPOSE AND POWERS
(A) Authorig: Created: There is hereby created a public entity to be known as the
“SEWER AUTHORITY MID-COASTSIDE”. The Authority
formed by this Agreement
is
pursuant to the provisions of Titlevl, Division 7, Chapter 5 of the Government Code of the State
of California The Authority shall be a public entity separate from the parties hereto.
(B) Purgose of the Aggeement. The parties hereto have in common the power t0 plan
for, acquire, construct, reconstruct, alter, enlarge, replace, repair, maintain, manage, operate and
control facilities for the collection, transmission, treatment and disposal ofwastewater for the
benefit of the lands and inhabitants within their respective-bomdafies. The purpose of the
Agreement is to jointly exercise the forgoing common power in the manner set forth herein.
(C) Powers of the Authorigx. The Authority shall have the power, in its own name, to
do any or all of the following:
SFI 156278395 BOOSWO

(1) to make and enter into contracts;
(2) of engineers, attorneys, 'planners, financial

to contract for the services
consultants, and separate and apart therefrom to employ such other persons as it deems
necessary;
(3) t0 make plans and conduct studies;
(4) t0 acquire, construct, reconstmct, alter, enlarge, replace, repair, maintain,

manage, operate and control any buildings, works or improvements;
(5) to acquire, hold and dispose ofproperty;
(6) to incur debts, liabilities or obligations subject to limitations herein sct

forth;
(7) to sue and be sued in its own name;
(8) to apply for and accept grants, advances and contributions under any
federal, state, or local programs for assistance in developing any of its projects;
(9) T0 establish rates, tolls, fees, rentals, or other charges in connection with
‘
the facilities and services provided by the Authority;
(10) T0 plan for, construct; operale, or maintain member agcncics’ soIe-use

facilities when specifically requested by that member agency, or when necessary to meet
joint discharge requirements, subject to the provisions of Article VIII, Section D and E
hereof.
(11) The Authority shall have the additional power and authority to issue
revenue bonds in accordance with the following laws:
(a) Article 2, Chapter 5, Title 1, Division 7 of the California

Government Code, commencing with Section 6540.
(b) Chapter 6, Title 5, Division 2 of the California Government Code,

commencing with Section S43 00.
(c) Chapter S, Part 3, Division 5 of the California Health and Safety

Code, commencing with Section 4950.
(12) to adopt regulations establishing uniform wastewaler treatment standaxds

and regulations throughout; the jurisdic'tions of the member agencies in order to enable the
Authority to comply with its NPDES permit and the federal and state regulations
applicable to facilities constructed under the Clean Water Grant Program; when
authorized by a member agency, implement, and enforce through civil or criminal means,
such standards and regulations on behalf of said authorizing member agency; and, on its
SF] l562788v5 30050”

own behalf, implement, and enforce through civil or criminal means, such standards and
regulafions.
The above powers are subject to the rcstflctions, upon the manner of exercising said
powers, set forth in the Sanitary District Act of 1923, as amended, being Sections 6400 et seq. of
the California Health and Safety Code.
(D) Boundaries. The boundary of the Authority shall be the consolidated boundaries
of the member agencies. In conjunction with the consolidated San Mateo County mid-coastside
wastewater treatment and disposal system (Plan F), being the project authorized to be undertaken
by this Authority, the service area boundaries are defined as the current corporate City limits of
the City and all lands within the Districts not zoned RM (Resource Management). Said
boundaries shall be set forth and depicted 0n Exhibit “A” as amended or supplemented from time
to time, attached hereto and by this reference made a part hereof. Ln the event of withdrawal
fi‘om Agreement by a member agency, the boundaries shall be revised to exclude the area
this
under sole jurisdiction of said withdrawing member agency.
(E) The member agencies recognize that certain lands

Overlapping Service Areas.
arc within the boundari¢§ of the City of Half Moon Bay as well as, at the same time, within the
boundaries of the Granada Sanitary District, and vice versa. To the extent that filture sewer
service is provided to all or any portion of said lands by any member agency electing and
empowered to do so, that member agency shall provide said service from its own facilities or
from its own share of capacity of any jointly owned facilities, way demanding
without in any
that said provision 0f service shall diminish the share Qf capacity owned by any other member
agency.
III. ORGANIZATION
(A) Membership. The members of the Authority shall be each public entity which has
executed Agreement, or any addenda, amendment or supplement thereto, and which has not,
this
pursuant t0 the provisions hereof, withdrawn therefi'om. A list of the members shall‘be available
to each member.
(B) Desiggation of Directors. Within fifteen (15) days afier execution of this
Agreement, the member
agencies shall designate and appoint, by resolution of their respective
govemjng bodies, representatives to act as their directors on the Board. Each member agency
shall appoint two representaiives to SAM, and these six representatives shall constitute the
Authority’s full Board of Directors. Each member agency shall also appoint one alternate
director whose name shall be on file with the Board and who may assume all rights and duties of
an absent director representing the appointing member agency. Each director and alternate shall
hold office fiom the first meeting of the Board after his 0r her appointment by the governing
body which he or,she represents until a successor is selected. Directors and alternates shall serve
at the pleasure of the govprning body of the appointing member agency and may be removed at
any time, with or without cause at the sole discretion of said member agency‘s governing body.
A director or alternate must be a member of the governing body of the appointing member
agency.
SFI I562783V5 30050/0

,4:
(C) Principal Office. The principal ofiice of the Authority shail initially be the Half
Moon Bay City Hall. The Board is hereby granted full power and authority to change said
principal oflice from one location to another‘within its boundary. Any change shallbe noted by
the Secretary under this Section but shall not be considered an amendment t0 this Agreement.
(D) Meetings. The Board shall meet at the principal office of the Authority or at such
other place as be designated by the Board The time and place of regular meetings of the
may
Board shall be determined by resolution adopted by the Board. A
copy of such resolution shall
be fumished each party hergto. Regular, adjourned and special meetings shall be called and
to
held in the manner as provided in Chapter 9, Part 1, Division 2, Title 5 0f the Government Code
of the State of California (Section S4950 et seq).
(B) Quorum. That number of Board members representing a simple majority of the
votes on the Board shall conStitute a quorum for the transaction of business, except that less than
a quorum may adjourn fiom time to time.
(F) Powers of the Board and Limitations Thereon. All Aof the powers and authority 0f
SAM shall be exercised by the Board subject to the following conditions and limitations:
(1) eaEh directo; from Half Moon Bay shall be entitled to two ?otes; each
director from Montara and Granada shall be entitled t0 one vote;
(2) unless otherwise provided herein, a quorum of

by law or elsewhere .
directors may, by five (5) affinnative votes, adopt any motion and take any other action
they deem appropriate to carry forward the objectives of the Authority. Passage of any
resolution shall require six (6) affirmative votes;
final approval of any general budget or project budget shall require the
(3)
consent of every member agency or participating member agency as provided in
Section (G) hereof, and Article V, Sections (A), (B), and (C), thereof;
(4) no project shall be commenced without consent 0f every participating-

member agency.
(G) Consent bf Members. In any matter prescribed herein t0 require the consent of
member agencies, said consent shall be evidenced by a cezfificd copy of the resolution of the
governing body of such member agency filed with the Authority.
(H) Officers. The Authority have four oificers; Chair, Vice Chair, Secretary
shall .
and Treasurer. The directors of 1116 Board from the Board these four officers who
shall select
-shaIl hold ofiice for a period of one year, commencing January 1 of each year; provided that, in
the everit that a mémber agency removes from the Board a director serving as an officer, the
Board shall appoint another director to fill the vacant office for the remainder of that year.
(1) The Chair shall preside at the meetings of-the Board. The Chair’s duties
shall be to call meetings to order, adjourn meetings, announce the business before the
Board in the order in which it is 10 be acted upon, recognize directors and npn—directors
entitled to the floor, put t0 vote all questions moved and seconded, announce results O_f
5
SFI ”6273315 30050/0
Ir
votes, maintain the rules 0f order, execute documents on behalf of the Board when duly
approved for action, and carry out the other duties set forth in the bylaws. The Chair
shali be entitled to exercise his' or her full voting rights on all questions before the Board
'
and need not relinquish the chair to discuss a question before the Board.
(2) A Vice Chair shall be selected and hold office m the same manner as the
Chair and in the absence of the Chair shall preside and hold the same powers as if he or
she were the Chair.
(3)
‘
'A Secretary shall be selected fiom the Board by its directors.
(4) A Treasurer shall be selected from the Board by its directors.

The Chair may not serve in two officer positions simultaneously. Any director other than
the Chair may serve in two officer positions simultaneously.
(I) m.
General staff functions to serve the administrative needs of the Authority
be provided by employees of the member agencies, 'and credited towards said
shall initially
respectiVe member agencies‘ financial contxibutions 0r obligations as provided in Article V,
Section (D) below. The" Etaffpositions shall be as follows:
(1) Manager. The authority shall employ or contract for the services 0f a
manager who may or may not be a staff member of one of the member agencies. The
manager shall answer to the Board and be responsible for all administrative needs of the
Authority. The manager shall also be responsible for the general executiorx of all
Authority policies as set by the Board.
(2) Treasurer. The Treasurer shall be the depositary and have custody of a1]
money of the Authority from whatever source.
The Treasurer shall:
(a) Receive and receipt for all money of the Authority and place it in
the treasury of the Treasurer to the credit of the Authority.
(b) Be responsible upon his o'r her official bond for the safekeeping
and disbursement 0f all Authority money so held by the Treasurer.
(c) Pay, when due, out of money of the Authority so held by the
Treasurer, all sums payable on outstanding bonds and coupons of the Authority.
(d) Pay any other sums due from the Authority from Authority money,
or any portion thereof, only upon checks drawn against the Authority, duly
authon'zed by the Board and executed by two directors or by one director and the
manager.
(e) Verify and report in writing on the first day of July, October,
January and April of each year, to the Authority, and to each 0f the member
S'Fl ISGZTSSVJ SOOSOIO

agencies, the amount of moaey the Treasurer holds for the Authority, the amount
0f receipts since the last report, and the amount paid out since the last report.
(f) Perform other services as directed by the Board.
{3) Others. The Board may employ or contract for the services of individuals
or other staff positions as necessary t0 assist in the administration and execution 0f the
‘
fimctions of the Authority.
(J)Charges for Services. Charges for the services of the manager, the treasurer, and
other administrative 0r operating personnel supplied by any member agency shall be jointly
agreed upon with the member agency 0r member agencies furnishing the services in advance of
'
receipt of said services.
Officers, Employees and Agents. Any officer, employee or agent of the Authority
(K)
may also be an officer, employee, or agent of any member agency. The appointment or
employment by the Board of such a person shall constitute a determination that the two positions
are compatible. Notwithstanding the above, the Manager and the Treasurer, shall not. be
employees of the same gember agency without the unanimous consent of the complete Boaxd of
Directors.
A11 privileges and immunities from liability, all exemptions fromlaws, ordinanc'es and
rules, and pension, relief, disability, workers’ compensation, and other benefits which apply
all
to the activities of officers, agents, 0r employ'ees of a member agency when performing their
respective functions shall apply to them to the same degree and extent while engaged in the
performance of any of the functions and other duties under this agreement.
None of the officers, agents, or employees directly employed by the Authority shall be
deemed by reason of their employment by the Authority, to be employed by any member agency
or to be subject to any of the requirements of any member agency.
(L) Accounting and Audits. There shall be a strict accountability 6f all Authority
funds and report of all receipts and disbursements in compliance with Article I, Chapter 5,
Division 7, Titlel of the Government Code (Section 6500 et seq.). The Board, acting as
controller, shall centract with a certified public accountant or public accountants to make an
annual audit of the accounts and records of the Authority. In each case the minimum
requirements of the audit shall be those prescribed by the State Controller for special districts
under Section 26909 of the Government Qode and shall conform to generally accepted auditing
standards. The records and accounts of the Authority shall be audited annually,.and a report
thereof shall be filed as a public record with the Authority and with each of its member agencies
and the San MaIeo County Auditor, not later than six (6) months following the end of the fiscal
year under examination. Any costs 0f the audit, including contracts with or employment of, a
certified public accountant or public accountants shall be bome by the Authority and shall be
charged against its general fund.
(M) Access to Propefl. The manager and treasuIer are hereby designated as the
persons who have charge 0f, handle, and have access to the property of-the Authority. Each such
SF! ISSUEVJ 3005010

person shall file with the Authority an official bond in an amount to be fixed by the Board. Cost
of said bond shall be paid by the Authority.
(N) Minutes. The secretary of the Authority shall cause to be kept minutes of regular,
adjourned regular and special meetings 0f the Board, and shall cause a copy 0f the minutes to be
forwarded to each director and to each of the member agencies hereto within a reasonable time
which shall be fixed by the Board.
(O) Eggs. The Board may adopt from time to time such rules and regulations for the
conduct of afi‘airs as may be required. Parliamentary rules and procedures shall be those
its
prescribed in Robert’s Rules of Order. Any documents required t0 be executed by the Authority
shall be signed by the Chair and countersigned by the Secretary, except that the Board may, by
resolution, authorize other ofiicers or employees t0 sign 0n behalf of the Authority.
IV. PLANNING AND PRESENT PROJECT
(A) Planning Policy. ln keeping with the purpose of this Agreement, the member
agencies hereby authorize and direct the Board to undertake such studies and planning relative to
the combined service 0f the member agencies as may be necessary, to provide for the joint
ar'e'as
collection, transmission, treatment, and disposal of sewage 0f each of the member agencies, The
specific objective of such studies shall be to deve10p regional solutions to the wastewatcr
treahnent and management problems which will be in accordance with all applicable federal,
state and regional water quality control requirements, consistent with demographic studies
applicable within the jurisdiction of Authority, and planned so as not t0 result in unreasonable
financial burdens 0n the member agencies whatever course future development of the area might
take. It is understood by the parties that this agreement shall not affect the rights 0r pOWers 0f
any member agency to plan andfor construct sewer facilities independently.
The studies may include proposals .for Construction ofjoint coliection systems, trunk and
interceptor lines, tr’eatment plans (sic), and disposal systems. The studies may also include
proposals to be used in coujunction with facilities not within the Authority’s jurisdiction. Any
of planning, design, construction, maintenance and operation 0f
studies shall consider all phases
facilities proposed by the Authority, and allocation to benefited member agencies of capital,
maintenance and operating costs.
(B) Present Project. The Present Project shall be a secondary wastewater Ireatment
and disposal system, divided into four components, to service the combined needs of the member
agencies to the year 2000.
(l) Phase I
'
(a) Comgonents. Phase I of the system is composed of the following

three components, with capacity rights, construction costs, and operation and
maintenance expenses being shared as specified below, until otherwise
determined pursuant to Section (4) hereafter:
SFI 15627B8v5 3005010

(i) An intertie pipeline and attendant pumping facilities,
connecting the Montara and Granada systems to a new ocean outfall,

shared equally between MontaIa and Granada;
(ii) An
ocean outfall pipeline and attendant pumping facilities,
discharging the combined treated efiluents fi'om the three member
agencies’ treamlent systems into the ocean adjacent to the existing but
presently inoperative Half Moon Bay outfall line, shared one-half (1/2) by
Haif Moon Bay, one-quarter (V4) by Montara and one-quafier (1/4) by
Granada. - -
(iii) A reclamation pipeline and attendant pumping facilities, to
Carry secondarily treated effluent from the treatment plant at the Half
Moon Bay site south to the golf course and adjacent agricuItuIal and
floricultural lands, and being solely assigned to Half Moon Bay.
(b) Possible Modification 0f Intertie Pipeline Component. To ensure

the accomplishment of the objectixie of the Present Project, it is the intent of the
Authority_to seek to increase the gravity sections of the intertie pipeline one pipe
size diameter (3 inches) fiom the existing design, and in pursuit of same, the
Authority shall immediately process an application with the California Coastal
Commission, Central Coast Regional Commission, for amendment of Coastal
Development Permit N0. P-79-93. Any modification of said component, pursuant
to the cost-effeotiveness study mentioned hereinafier or otherwise, shall be
accomplished subject to the approval ‘of the State Water Resources Comm] Board.
(c) Estimated Construction Costs. The estimated construction costs of

PhaseI compenents of the Present Project, including administrative, legal,
engineering, and contingency expenditures, are: for the intertie pipeline and
attendant pumping facilities, $3,000,000.00; for the ocean outfall and attendant
pumping facilities, $3,600,000.00; and for the reclamation pipeline and attendant
‘
pumping facilities! $600,000.00.
(d) Implementation of Phase I of Present Proiect
(i) Aufllorization to Consuuct. This Amendment to the

Agreement constitutes approval for PhaseI of the. Present Project and of
the budget therefor. The member agencies hereby authorize the Authon'ty
to immediately pursue and complete all planning and design efforts,
including all requirements of State and Federal law, and to promptly
commence construction and to accept State and queral Grant Agreements
therefor.
(ii) Consfi'uction Schedule. Construction of PhaseI of the

Present Project shall proceed on the time schedule as set forth in the Santa
Clara County Superior Court’s preliminary injunction in case No. 424949,
or as said injunction may be amended or modified.
SFI 1562783VJ 300m

(iii) UtilizatioLOpcrafion and Maintenance. Each member
agency hereby agrees to utilize the PhaseI components as said
components are completed and available for use, and to ensure the proper
operation and maintenance of same in accordance with the requirements of
the Regional Water Quality Control Board for the usefill life thereof.
Pursuant to Article VII of this Agreement, it is héreby determined that the
Authority shall have the ultimate responsibility for the maintenance and
'operation of the Facilities constructed as a part of the Present Project,
either with its own personnel or pursuant to contract therefor.
As any component of the Project not utilized by all

to
member agencies, member agency or agencies utilizing said
the
component shall have the initial right and résponsibility for maintenance
and operation of said component.
Sewice charges shall be established consistent with the

Clean Water Grant Program by the Authority or by the member agencies.
It is~further hereby agreed that decisions of the Authority

__
with respect to operations and maintenance of Phasel components
including the budgets therefor, shall be made based on six afimmtive
votes, or failing that, five affirmative votes including no less than one vote
from each member agency. A member agency shall be entitled to vote
only with respect to the operation and maintenance of.a facility utilized by
said agency.
(2) Phase II
(a) Alternate Treatment Facilities. Phase II of the Present Project will

be composed of the fomth component of the system, being treatment facilities as
envisioned in one of the following two alternatives:
(i) Single Plant. One single secondary activated sludge

treatment plant located at the site of the existing Half Moon Bay treatment
plant facilities, and designed to treat the combined flows from the
'
individual collection systems 0f the member agencies.
(ii) Multiple Plants. Three separate treatment plants as

follows:
Half Moon Bay. An upgraded treatment plant located at

the site of the present plant. .
Montara. A11 upgraded treatment plant located at the site of

the present plant.
Granada. A new trealment plant located in the vicinity 0f

the present plant and pumping facilities.
10
SFI 1562788v5 30050/0
(b) Determination of Phase II Treatment Facilities. The determination
0f the Phase II treatment facilities and their capacity, together with the allocation
of said capacity and all conSIIuction costs and operation and maintenance
expenses pertaining thereto, shall be made within the time schedule established in
the aforementioned preliminary injunction, or as said injunction may be amended
or modified, and aficr consideration 0f the following:
(i) A cost-effectiveness study, prepared in accordance with

applicable State and Federal regulations governing grant funding for the
construction of water pollution control facilities; and
(ii) The Land Use Plan portions of the Local Coastal Programs
applicable to the respective member agencies and an analysis of the
member agencies’ respective sewer service needs pertinent thereto, in
relation t0 the objectives of the Present Project.
(c) Implementation of Phase II of Present Project. This Amendment

to the Agreement and authorization for the further planning,
constitutes approval
designing_and the construction of Phase II of the Present Projec't.
(3) Funding.
Only those components, referred to above, which are fundable under the
Clean Water Grant Program, shall be constructed by the Authority.
(4) Allocalion and Reallocation of Rights. Costs and Expénses.
In the event the 'membcr agencies cho'ose to construct a single

consolidated treatment plant facility, capacity rights and construction costs
pertaining thereto shall be allocated in proportion to the member agencies’
respective service needs as determined by the Land Use Plan portions of the
initial pertinent Local Coastal Programs adopted by the California Coastal Zone
Conservation Commission; and capacity rights and construction costs previously
allocated in the Phasel components shall be reallocated t0 be cofisistent with the
treatment plant facility allocations, except that no member agency shall receive
any capacity in, 0r ultimately be required to have paid any portion of, the cost of
any Phase I component not utilized by that member agency. The total expenses 0f
operation and maintenance of all of the components of the Present Project shall be
shared in a manner based on flowg into the single consolidated treafincnt plant
facility.
In the event the member agencies choose to construct separate treatment

plant facilities, reallocation of capacity rights and construction costs shall occur as
immediately above, cxcept no member agency shall be allocated less
that: (i)
capacity in any PhascI component than the amount 0f capacity necessary to

accommodate the present design capacity of said agency’s treatment
facility; (ii) no member agency shall be required to pay more than the
proportionate share of its capacity in said component; and (iii) no reallocation
11
SF] 156273815 30050/0
shalloccur with respect to the reclamatibn component. The expenses of operation
and maintenance of the various components of the Present Project under the
separate treatment plant concept shall be borne solely by those member agencies
using said components and shall be shared in a manner based on flows into the
components.
(5) Goal 0f the Authorigg.
In the 4cvent the single treatment plant concept is selected as the fourth
component under Phase II, it is the intent of the Authority t0 further consolidate
sewer functions within the service areas of the three member agencies, and t0
'
establish a uniform system of sewer service charges, levied throughout the entire
jurisdiction of the Authority, with which to pay expenses of operations and
maintenance.
(6) Credit for Existing Usable Facilities.
It is the intent of the member agencies t0 integrate existing facilitim to the

extentpossible into components of the Present Project. Credit shall be given
all
any mcmBer agency for any of said agency’s facilities so integrated. The credit is
to be the lesser of the member agency’s actual local costs, or replacement cost,
less straight—line depreciation. For purposes hereof, replacement cost means the
total replacement cost as distinguished from the total replacement cost less any
gant which~may be Such credit shall be added to the total
available therefor.
local share cost of the applicable component into which the existing facilities are
integrated, before allocation of local share cbmponcnt costs is made to reSpcctive
member agencies.
(7) Completion of Present ProiLct.
The member agencies agree t0 complete the Present Project n0 lalcr than
July 1, 1983, in accordance with the requirements of The Clean Water Grant
Program, in a manner that meets the stated objectivesof the Present Project, and
in a mannerfihat makes maximum utilization of the immediately available funding
opportunities under the Program.
(8) Member Agencies’ Responsibilities.
Each member agency hereby guarantees its aliquot share 0f performance

under this Agreement, including reimbursement to EPA and" the State Water
Resources Control Board, as provided by and to the extent set forth in State and
Federal statutes and regulations.
(9) Wastewater Treatment Standards and Regulations.
Each member agency hereby agrees to adopt wastewater treatment

standards and regulations consistent with wastewater treatment standards and
regulations adopted by the Authority.
12
SF! 1562788v5 30050/0
L/
Such standards and regulations shal_[ include provisions relaxed to

industrial waste inwhich there shall be established criteria for. and restrictions on,
the nature and quality of industrial waste discharged either directly 0r indirectly
into the Authority’s facilities.
The industrial waste standards and regulations shall authorize the issuance
of industrial waste discharge permits thereunder and provide that such permits
will be issued by the Authority, shall authorize field inspectors or other
employees of the Authority t0 act as enforcement agents of the member agency
with the power t0 inspect and issue notices for Violations of the standards and
regulations, and shall confer upon, and empower the Authority to seek civil
injunctive relief or criminal prosecution, 0r both, for noncompliance with, or
violation 0f, such standards and regulations by any discharger.
V. BUDGETS AND PAYMENTS
(A) General Budget. Within sixty (60) days after the first meeting of the Board, a
general budget shall be prepared for the balance of the fiscal year. Thereafter at or prior to each
March meeting of the Bliard, a general budget shall be prepared for the ensuing fiscal year. The
initial budget and each succeeding general budget shall include the following:
(1) the general administrative expenses of the Authority to be incurred during

the period covered by the budget. Each member agency shall, within thirty days of
execution of this Agreement, deposit into the general fund an amount obtained by
applying to the sum of initial general administrative expenses the percentage of that
member agency’ s voting rights;
(2) the expenses of operating and maintaining any improvements operated or

maintained by the Authority;
(3) all revenues accruing to the Authority, including the assessments allocated
among the member agencies to cover the general administrative, operating and
maintenance expenditures; -
(4) At the time of its preparation a general budget shall be submitted

immediately to the governing bodies of the member agencies for approval pmsuant to
ArticleIII, Section (G) above, final approval of a general budget shall require the prior
consent of all'membcr agencies. Final approval shall be made by the Board, within thirty
(30) days after preparation of the initial general budget and by July Ist following
preparation of each succeeding budget. A copy of the genéral budget shall be filed with
éach member agency.
(5) Each member agency hereby agrees to include in each annual budget
approved by the governing body of such member agency amounts estimated t0 be
sufi'lcient to pay all such charges and to pay to the Authority within thirty days of receipt
of a statement 0f the member
agency’s allocated share of the actual general budget
expenses for the billing period as determined by the Board. The Authority is hereby
‘ 13
sn 156mm; zooso/o
authorized to take any 0r actions necessary and permitted by law to enforce the
all legal
collection of such charges or any other compliance with this agreement, including, but
not limited to, actions or proceedings in mandamus to require each member agency to
include the amounts estimated to be necessary in each such estimated annual budget, 0r
to collect such charges from the taxpayers, landowners, 0r users of any of the facilities of
the Authority.
(B) Project Budgets. In addition to the General Budget, the Board shall, prior to its
initiation of a project, approve the project in concept and have a project budget prepared. Bach
Project Budget may include the following: _
(1) the Authority’s administrative expenses allocated to the project;
(2) the cost of studies and planning for the project;
(3) the cost of the engineering and construction of the project;
(4) the allocation among the participating member agencies 0f the total project.
costs including but. not necessarily limited to administration planning, design,
construction and aperation and maintenance,
(5) any revenues accruing to the Authority for the project from whatever
source. ‘
Aflsr the preparation 0f a Project Budget, it shall be submitted immediately to each

member agency proposed by the Board to be a participant and to be obligated for the payment of
any amount mereunder. The Authority shall not incur any expense for the project until The
.
Project Budget has been approved by the governing body of each of the proposed participating
member agencies. Consent of the participating member agencies shall be required within a
reasonable length of time, said time to be determined by the Board when the Project Budget is
prepared. Upon approval by all of the participating member agencies, the Board shall adopt the
Project Budget and file a copy of same with each of the participating member agencies.
'
(C) Effect of Failure of Approval 0f Budggts.
(1) General Budget. If a general budget fails to attain the approval required
by Section (A) hereof, the director(s) of consenting member agencies may treat the
refilsalnfiadissenfingmembeg agency t0 approve the budget as a request for withdrawal
from the Authority and the remaining members may thereafier upon giving the non~
consenting member agency thirty (30) days notice, proceed with the adoption of a revised
budget and the non-consenting member agency shall not be obligated for future debts of
the Authority nor shall it receive any benefits therefrom.
member agency
Pertaining to past debt obligations, however, the non-consenting
shall continue to be obligated for the operation and maintenance costs, under the original
allocation fonnula, of any project in which it continues to derive benefits.
l4
SFI 1562788v5 30050/0
(2) Project Budget. If a Project Budget fails to attain the approval required by
Section (B) hereof, the director(s) of consenting participating member agencies may treat
the refusal of a dissenting member agency t0 approve the budget as a request for
withdrawal from the project concerned, but not from the Authority, and the remaining
participating member agencies may thereafier, upon giving the non-consenting member
agency thirty (30) days notice, proceed with the adoption of a revised budget and the non-
conscnting member agency shall not be obligated for future debts of the project
concerned nor shall it receive any benefits therefrom. The cost of preparing the Project
Budget shall be divided among the proposed participating member agencies in proportion
to allocation of costs to said members 1n the current general budget.
(D) Contributions: Pavments and Advances. Use of Personnel: Equipment or

Pronertvz Exchange of Services. It is hereby agreed that:
(I) contributions from a member agency’s treasury may {ac made for the
puxpose set forth in the Agreement;
(2) payments of public funds 0f a member agency may be made to defray the
cost of such purpgse;
(3) each 0f the member agencies may make advances 0f public funds, to be
repaid as set forth in the Agreement;
(4) equipment or preperty may be used in lieu of other

personnel,
contributions or advances, however, all member agencies must agree upon the value to be
assigned the personnel, equipment, property or services, with respect to any said
contributions or advances;
(5) the member agencies may exchange services Without payment of any
consideration other than such services.
(E) Expenditures for the Approved Budgfl. A11 expenditures within the designations
and limitations of approved general and pfoject budgets shall be made on the authorization of a
majority of the directors present at a meeting during which budget expenditures are approved.
No expenditures in excess of those budgeted shall be made without the unanimous consent and
approval of all of the directors representing the member agencies aflected by the budget under
consideration
(F) Payments of Amounts Due; Interest; Surplus. Amounts required to be paid by

any member agency shall be due and payable thirty--five (35) days from the date of billing by the
Authority If such amount is not paid 1n full by the due date, interest will be added from that date
at the rate charged by the bank where the Authority maintains its pnncipal account, based on
such tale in effect 0n the first day of the month for which the computation ls made on a 30— day
$100,000 certificate 0f deposit. Interest shall not be compounded.
Afier completion of the purpose for which funds were provided to the Authon‘ty
by a member agency, any surplus money shall be returned to that member agency in proportion
to the funds (excluding interest) so provided.
15
SF] |562783v5 3005M
(G) Reimbursement of Funds. Grant 'funds receiVed by the Authority from any
federal, state or local agency to pay for budgeted expenditures for which the Authority has
received monies from a member agency shall be remitted to that member based upon the ratio 0f
the member agency’s advance to the total cost of the project for which the Authority has receiVed
the grant.
VI. AUTHORITY PROJECTS
(A) Project Members. The directors representing those members determined by the
Board to be participating members of a project shall, upon consent to the proposed project by the
participating members, constitute a subcommittee of the Board referred t0 as the “
Project Committee.” All actions by a project committee shall be deemed actions of the Authority
and shall be taken in the namelof the Authority; hOWever, only the participating members of a
project shall have rights and obligations in said project as herein provided.
(B) Authority Construction Proiccts. No project shall be constructed by the BoaId

without the consent of every participating member. Approval 0f a construction project budget by
all 0f the participating members shall constitute their consent for the construction of the project
m ’
by the Authority.
VII. MAINTENANCE AND OPERATION OF FACILITIES
(A) Maintenance and Operation of Facilities. The Board shall determine, prior to the
construction of any project, whether 0r not the Authority shall maintain and/or operate such
facilities. If the Authority is t0 maintain and/or Operate such facilities, it shall d0 so in an
efiicient and economical manner, and in a manner not detrimental to the member agencies. It is
the intent of the parties that any project may be maintained and operated in the name of the
Authority. 1f it is determined that one 0r more of the member agencies shall maintain and/or
operate said facilities, said member agencies shall by written agreement consent thereto prior to
the construction thereof.
VIII. PROPERTY RIGHTS
(A) All facilities constructed by the Authority shall be held in the

Project Facilities.
name of the Authority benefit of the membership of the Authority in accordance with the
for the
terms 0f this Agreement. Capacity rights in respect to project facilities shall be heid for the
benefit 0f the participating member agencies in proportion to each member agency’s agreed
percentage of capacity rights in such project facility. It is the intent of the foregoing provision
that the Authority shall not acquire any unallocated capacity rights in any facility for disposal or
use, except for the benefit of the participating member agencies in proportion to their percentage
of capacity rights in said facility. Capacity rights may not be reallocated, sold, leased, assigned,
or in any way transferred, whether voluntarily, or pursuant to litigation andfor administrative
proceedings initiated by, in concert with, with the consent of, or on behalf 0f the member agency
0r agencies seeking any such transfers, unless the member agency 0r agencies. whose capacity
fights may be so diminished thereby, shall give written consent to such transfer. In conjunction
16
SF! [562788v‘5 3005M
0
with the consolidated San Mateo County mid-coastside wastewater treatment and disposal
system (Plan F), being, the project authorized to be undertaken by this Authority, .3 mgd
treatment plant capacity shall be reserved, for the first ten years 0f the twenty—year design 0f said
project, for recreational flows. In addition to flows from public recreational fabilities such as
parks, beaches, marinas, and marine reserves, the term ‘recreational’ includes recreationally
related pommerciaj facilities such as restaurants, motels, golf courses, and stables. Said
recreational capacity shall be allocated t0 the member agencies as they may determine.
(B) DistributiOn of Assets and TerminatiOn of the Authorig. To the extent that any
funds (or property in lieu of funds) received fi'om any member agency are used for the
constmction of facilities, the same shali be allocated annually on the books of the Authority to
the credit of said contributing member agency. Upon termination 0r dissolution of the Authority
herein created, the facilities, and any fiJnds, in possession of the Authority at such time shall be
or sold, and the proceeds thereof distributed to the member agencies at the
distributed in kind
time oftermination and in proportion as their interests appear on the books of the Authority.
(C) Liabilities. Any liability incurred by the Authority during the course of its
existence shall be discharged by payments hereby agreed t0 be made to the Authon'ty by each of
the parfies hereto in preportion. to their contribution or approved participation in facilities of the
Authority for which the liability is attributable. Except as hereinabove provided, the debts,
and obligations of the Authority shall be the debts, liabilities or obligations of the
liabilities,
Authority alone and not of the parties to this Agreement.
(D) Failure to Meet Discharge Requirements—Separatc Effluent Discharge. The

Authority shall cause the effluent of each member agency to be monitored to determine whether
or not Federal andfor State discharge requirements are being met. The member agency or
agencies responsible for the Violation shall be solely responsible for. any fines levied or criminal
sanctions imposed as a result thereof.
(E) Failure to Meet Discharge Requirements—Combined Effluent Discharge. If the

efi'luentof the member agencies is combined, and the combined effluent at the point of ultimate
discharge into the receiving water fails to meet discharge requirements, the member agency or
agencies responsible for the violation shall be solely responsible for any fines levied 0r criminal
sanctions imposed. In this regard, the member agency 0r agencies responsible for the violations
shall hold harmless the Authority and the other nomviolating member agencies from all liability
and/or damages incurred by said Authority andfor member agencies as a direct and proximate
result of said violation, including, but not limited to, legal, engineering, and administrative
expense and direct or indirect damages incurred by the Authority or the member agency as a
result of a cease and desist order or court injunction from any State or Federal agency restricting
construction within the jurisdictional limits of said Authority or member agency. In the event
two or more member agencies are responsible for failure of the combined effluent to meet
discharge requirements as above provide¢ the member agencies r63ponsible for the violation
shall be jointly and severally responsible to the Authority and to the other non—violating member
agencies. Upon notification of such violation, the member agency or agencies shall take prempt,
corrective action as necessary to meet said discharge requirements. If any member Agency fails
to take such action, the Authority by unanimous vote of the Board (excluding those members of
17
SFI 1562788‘5 3005010
l)
the Board who are representatives of the member Agency or Agencies who are in violation of the
discharge requirements) may elect to do either one or both of the following:
(a) Have undertaken at the cost and expense 0f the violating member
agency or agencies the construction of such additional treatment facilities as are
necessary to meet said discharge requirements.
(b) Impose a prohibition of additional connections t0 the collection

system of the member agency or agencies in violation.
Nothing in this Section shall preclude one or more agencies fiom providing additional
levels of treatment to insure meeting waste discharge requirements in the combined effluent. In
the event that one or more member agencies are obligated to provide additional levels of
treatment to meet waste discharge requirements for the combined effluent, all member agencies
requin'ng the additional levels 0f treatment shall participate in the costs of such treatment based
on their relative contribution of waste characteristics to be treated and the costs 0f providing such
'
treafinent.
IX. SETTLEMENT 0F DISPUTE OR CONTROVERSY
Should any diSputc or controversy arise ~in connection with the books, records or accounts
of any party to this Agreement or in connection with the acquisition, construction, maintenance,
operation, repair, reconstruction or enlargement of the Joint System or in connection with any of
the affairs or operation thereof, or the execution of the'term of this Agreement, the gOVerning
bodies 9f the parties to this Agreement may elect to arbitrate the dispute or contoversy in
accordance with the rules of the American Arbitration Association or by any other mutually
~
agreeable method of settlement.
X. MISCELLANEOUS PROVISIONS
(A) Duration. The Authority shall continue until this Agreement is rescinded as
herein provided.
(B) Rescission and Termihation. This Agreement may be rescinded and the Authority
terminated by written agreement'of all member agencies. Upon termination of the Authority, its
assets and liabilities shall be divided among the then member agencies in proportion to their then
ownership interests.
(C) Withdrawal. Any member agency may withdraw from the Authority at any time
upon giving each of the other member agencies one hundred and twenty (120) days written
notice prior to the end of the fiscal year; provided, however, in the event. the withdrawing
member agency has any rights in any facility of the Authority or obligations to the Authority,
said member agency cannot sell, lease or transfer said rights or be relieved of its obligations,
without the execution of a written agreement executed by it and another member agency. The
term “obligations” as used herein shall include, but not be limited to, bonded indebtedness and
18
SF] l562788v5 3005M
42
capital replacement costs. Upon termination, a withdrawn member agency will be treated like ail
the other member agencies in regard t0 the provisions 0f Article VIII (B) hereof.
(D) Amendments Exhibit“A” hereto shall be amended or supplemented upon a

member agency filing With the Authority a cenified copy of the member agency’ s resolution
ordering a change of its boundary or service area boundary or resolution determming t0
withdraw fiom the Authority The other provisions of this Agreement may be amended only by
the consent 0f all member agencies
(B) Severance. If any section, subsection, sentence, clause or phrase 0f this

Agreement, or the application thereof to any 0f the member agencies or any other persons or
circumstances, is for any reason held invalid, the validity of this Agreement, or the application of
such provision to the other member agencies or to any other person or circumstances, shall not
be affected thereby.Each of the member agencies hereby declares that it would have entered
Agreement, and each section, subsection, sentence, clause or phrase thereof, regardless
into this
of the fact that one or more sections, subsections, sentences, clauses or phrases, or the
applicationthereof, t0 any member agency or any other person or circumstances be held invalid.
(F) Filing with the SecretarLof State.The Secretary of the Authority shall file with
the Secretary of State a notice in accordance with Government Code Section 6503.5, and shall
file notices, as appmpriate, in accordance With Government Code Section 5305 1 .
19
SF! |S62188v5 JOOSDID
\
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1N WITNESS WHEREOF, the parties hereto have caused these presents to be executed
on the day and year first above written.
By 5/ Lloyd 'I‘.
Cardoni
Mayor
Attest:
By s/ Barbara K. Driscoll
Deputy City Clerk
seal)
V
MONTARA SANITARY DISTRICT
By s/ L. Paul Leger
President Pro Temp)
Attest:
By s/ Susan C. Muth
Secretary Pro Temp)
seal)
By s/ William L. Sawrcv
President
Attest:
By s/ Latrv Pollard
Secretary
seal)
20
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EXHIBIT C
Agenda Item No: 8A
Page 1
Staff Report
TO: Honorable Board of Directors
FROM: Beverli A. Marshall, Genera! Manager
DATE: June 26, 2017
SUBJECT: Authorize the General Manager to Expend Funds from the SAM
Operating Reserve to Continue Operating SAM Until the JPA
General Budget for FY 2017/18 is Approved by the SAM Board of
Directors
Staff Recommendation
Staff recommends that me Board of Directors authorize the General Manager to expend
funds from the SAM Operating Reserve to continue operating SAM until the JPA
General Budget for FY 2017/18 is approved by the SAM Board of Directors.
Fiscal lmgact
The monthly cost of operating SAM is $434,045, which is allocated as follows: $224,050
HMB; $112,454 GCSD; and $92,710 MWSD.
Strategic Plan Compliance

The recommendation complies with the SAM Strategic Plan Goal 5: Infrastructure.
Operations, and Maintenance “The goals are no spills, safety, environmental protection,
"
reliabiliru and long—term cost effectiveness.
Bacquound and Discussion/Report

The Joint Exercise of Power's Agreement (JEPA) describes the process and
requirements for adopting the annual general budget (Budget). The JEPA requires that
the Budget be prepared and presented to the Board no later than the March meeting of
the Board. The draft General Budget for FY 2017/18 was discussed at the March 2T,
BOARD MEMBERS: J. Blanchard S. Boyd D. Penrose

D. Ruddock K. Slater-Carter L. Woren
ALTERNATE MEMBERS: M. Clark J. Harvey - B.
Huber R. Kowalczyk H. Rarback
67
\\ j'
.11
K
Agenda Item No: 8A

Page 2
2017, Board meeting and was submitted to the member agencies on March 28, 2017.
for feedback.
The proposed General Budget for FY 2017MB was presented to the Board at the April
10, 201 7, Board meeting for authorization t0 submit it to the member agencies. Based
on Board direction, the budget was split into two separate budgets (JPA and COS) and
submitted to the member agencies on April 1 3, 2017. After receiving feedback from the
member agency managers, the Board directed staff to meet with the member agency
managers and reduce the budgets and impacts on member agency assessments. Staff
discussed the budgets with the member agency managers on May 18. May 19, and
June 1, 201 7.
The revised budgets were presented to the Board on June 12, 2017, and the Board
authorized the General Manager to submit them member agencies for review and
to the
approval. The JEPA requires that the Budget be approved by the member agencies
before the Board makes final approval. The final approval of the Budget is to occur no
later than July 15‘ of each year. On June 15, 2017, the GCSD Board approved both
budgets Has
presented. As of June 22, the Half Moon Bay City Council and the MWSD
Board had not discussed the revised budgets.
It is necessary for SAM to continue operating until such time that the member agencies
and the Board approve the Budget. SAM has no revenues to pay for daily operations
aside from the monthly member agency assessments. Resolution 2-2013 established
the SAM Reserve The objective of the Operating Reserve is to “ensure that
Policy.
adequate cash is available when needed to pay SAM's normal and recurring operating
costs." The target amount of the Operating Reserve is an "operating and cash flow
reserve equal to two months of the fiscal year budgeted operating expenses.” Two
months of the adopted operating expenses for FY 201 6/1 7 is $700,696.
Staff asks that the Board authorize me General Manager to expend funds from the SAM
Operating Reserve and to continue operating SAM until the JPA General Budget for FY
2017/18 is approved by the SAM Board of Directors.
Suggorting Documents
Attachment A: Resolution 8-2017
Attachment B: Resolution 2-2013 SAM Reserve Policy
BOARD MEMBERS: J. Blanchard S. Boyd D. Penrose

D. Ruddock K. Slater-Oarter L. Woren
ALTERNATE MEMBERS: M. Clark J. Harvey B.
Huber R. Kowalczyk H. Rarback
68
RESOLUTION 0F THE BOARD 0F DIRECTORS OF
THE SEWER AUTHORITY MlD-COASTSIDE
RESOLUTION NO. 8—2017
AUTHORIZING THE GENERAL MANAGER TO EXPEND FUNDS FROM THE

SEWER AUTHORITY MlD-COASTSIDE OPERATING RESERVE T0 CONTINUE
OPERATING SAM UNTIL THE JPA GENERAL BUDGET FOR FY 2017118 IS
APPROVED BY THE SAM BOARD OF DIRECTORS
The Board of Directors finds that:
The Joint Exercise of Powers Agreement (JEPA) describes the process and
requirements for adopting the annual general budget.
The general budget expenses of the

includes: the general administrative
Authority to be incurred by the pen’od covered by the budget; the expenses of opefafing
and maintaining any improvements operated or maintained by the Authority; and, all
revenues accruing to the Authority, including assessments allocated among member
agencies to cover the general administrative, operating and maintenance expenditures.
The JEPA requires that the general budget be prepared and presented to the
Board no later than the March meeting ofthe Board. The General Budget for FY
2017/18 (Budget) was presented to the Board at the March 27', 201 7. meeting. At the
April 10, 2017. meeting the Board authorized the General Manager to submit the
Budget to the member agencies for their approval.
At the May 8 and May 22, 2017. meetings, the Board directed the General
Manager to discuss the Budget with the member agency managers and engineers to
come to an agreement on the Budget, specifically the infrastructure division.
The revised Budgetwas prepared based on feedback from the member agency
managers and engineers and was presented to the Board at the June 12, 2017,
meeting. The Board authorized the General Manager to submit the revised Budget to
the member agencies for their approval.
The JEPA requires Budget be approved by the member agencies before

that the
the Board makes final approval. The final approval ofthe Budget is to occur no later
than July 15‘ 0f each year. At its June 15 meeting. the Granada Community Services
DistrictBoard approved the budget as presented. As ofJune 22, 201 7, neither the City
of Half Moon Bay northe Montara Water and Sanitary District had approved the Budget.
It is necessary for SAM to continue operating until such time that the member
agencies and the Board approve the Budget. SAM has no revenues to pay for daily
operations aside from the monthly member agency assessments.
Resolution 2-201 3 established the Operating Reserve to "ensure that adequate

cash is available when needed to pay SAM's normal and recurring operating costs."
69
.I
5‘ '_
u- b
Therefore. the Board of Directors for the Sewer Authority Mid-Coastside, San
Mateo County, authorizes the General Manager to expend funds from the Sewer
Authority Mid-Coastside Operating Reserve and to continue operating SAM until the
JPA General Budget for FY 2017/1 8 is approved by the SAM Board of Directors.
**********
I CERTIFY that this resolution was duly adopted by the Board of Directors of the
Sewer Authority Mid—Coastside, San Mateo County, California. at a regular meeting held
on the 26th day of June 2017, by the following vote:
AYES:
NOES:
ABSENT:
Secretary of the Board of Directors

San Mateo County, California
70
EXHIBITD
Board of Directors Meeting Agenda
Regular Board Meeting 7:00 PM, Monday, June 26, 201 7
SAM Administration Building. 1000 N. Cabrillo Highway. Half Moon Bay, CA 94019
CALL T0 ORDER
A. Roll Call
PUBLIC COMMENT ORAL COMMUNICATION

I
CONVENE IN CLOSED SESSION (Items discussed in Closed Session comply with the
Ralph M. Brown Act.)
CONVENE IN OPEN SESSION (Repon‘ Out on Closed Session Items)
PUBLIC COMMENT ORAL COMMUNICATION

I
CONSENT AGENDA (single motion and vote approving all items)
(Consent items are considered routine and will be approved oradopted by one vote
unless a request for removal for discussion or explanation is received from the public or
Board.)
A. Approve Minutes of June 12, 2017, Board of Directors Meeting (Attachment)
B. Approve Disbursements for June 26, 2017 (Attachment)
C. Receive Monthly Financial Report for Period Ending May 31, 2017 (Attachment)
OLD BUSINESS (The Board will discuss, seek public input, and possibly take action on
the following items.)
A. Discuss and Adopt a Resolution Defining SAM General Manager‘s Reporting

Responsibilities (Attachment)
B. Discuss Day and Time of Regular Board Meetings as Required by Resolution 10-2016
and Adopt Appropriate Resolution (Attachment)
C. Discuss Impacts of AB 1250 and Provide Direction (Attachment)
D. Discuss and Consider Adopting the Proposed Media Relations Policy (Attachment)
NEW BUSINESS (The Bo’ard will discuss, seek public input, and possibiy take action on
the following items.)
w) l]
A. Adopt a Resolution Authorizing the General Manager to Expend Funds from the SAM
Operating Reserve to Continue Operating SAM Until the JPA General Budget for FY
201 7/18 is Approved by the SAM Board of Directors (Attachment)
B. Adopt a Resolution Authorizing the General Manager to Continue to Provide Contract
Collection Services (CCS) to all Three Member Agencies at the 2016/1 7 Service
Levels and Bill Said Agencies Based on the Adopted 201 6/17 CCS Budget Fee
Schedule Until the Proposed Revised CCS Budget for FY 201 7/1 8 is Approved by the
SAM Bdard of Directors (Attachment)
C. Adopt a Resolution Authorizing Signers at First National Bank 0f Northern Califomia
for Electronic Banking Agreements (Attachment)
9. GENERAL MANAGER'S REPORTS

A. Receive Manager’s Report for May 201 7
1 0. ATTORNEY’S REPORTS
11. DIRECTORS’ REPORTS
12. TOPICS FOR FUTURE BOARD CONSIDERATION (Attachment)
13. ADJOURNMENT
o Upcoming Board Meetings: July 10 and July 24, 2017
The meeting wilt end by 9:00 pm. unless extended by board vote.
INFORMATION FOR THE PUBLIC
This agenda contains a brief description of each item to be considered. Those wishing to
address the Board on any matter not listed on the Agenda. but within the jurisdiction of the
Board, may do so during the Public Comment section ofthe Agenda and will have a maximum
of three minutes to discuss their item. Those wishing to speak on a matter listed on the
Agenda will be called forward at the appropriate time.
Any writing that is a public record and relates to an agenda item for an open session of a
regular meeting. that is distributed to the Board less than 72 hours prior to the meeting, is
available for public inspection, during normal business hours. at the District address, listed
above.
Board meetings are accessible to people with disabilities. Upon request, this agenda will be
made available in appropriate alternative formats to persons with a disability. [n compliance
with the Americans with Disabilities Act, specie! assistance for participation in this meeting can
be obtained by contacting Kathy Matthews at (650) 726-0124. Request for a disability-related
i
.“\
I 4 ‘
modification or an accommodation in order to participate in the public meeting must be made

at least two working days in advance of the meeting.
HI
§ :ij
A DVD containing the following two You Tube Videos

referenced in the Complaint has been provided
as a courtesy copy t0 the Department assigned
to this matter:
Sewer Authority Mid—Coastside — 6/12/2017 Board Meeting

Sewer Authority Mid—Coastside — 6/26/2017 Board Meeting
i n
'F
“mm:
CM 01a .
A'rroRNEY 0R PARTY wanUTAITORNEY (Name szamsarmnba: ended ass) FOR coum' USE ONLY
MICHAEL G. COLANTUONO (SEN. 143551)
PAMELA K. GRAHAM (SBN 216309
Cofantuono, Highsmith 8: Whafley.P
Grass
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CASENAME: City of Half Moon Bay v.Granada Community Sen/HOgs {<2
SCANNED District et al. ”O
Comp!“ Case Destgnado"
CIVIL CASE COVER SHEEP
Unlimited E
Limited Counter Jolnder g D d
93
(dAego'r‘I’l‘jted
exceeds $25 000) $25 000

(Amourc‘lted
0,.
IS
,ess)
Filed with first
(Cal.
appearance by defendant
Rules «Court, rule 3.402)
Items 1-6 below mus! be completed (see instrucfl'cns on page
m
JUD
2),
9 2 P’
m
1. Check one box below for the case type that best describes this use: ®
Complex
Auto Tort
E Auto (22) D
Contract
D Breach of contracwananty (05)

Provlslonally
(Cal. Rules of Court, rules 3.4001403)
AntihusUdee
Civil Litigation
t9
.5
N‘ K
Uninsured motorist (46)

Other PUPDIWD (Personal lnjurylPropeny
DamageMwngful Death) Tort
I
D Rule 3340 coneclmns (09}

Other Gonecfions 09 _
--
V
E
E construction defect (1o)
regulation (03)
U
[j
Asbesios (04)
fiabmmzn
Insurance coverage
omercomract (37)
(’18)
-
E
C3
Mass tort (4o)
Securities litigation (28)
Enmnmenlavmxjc tort (30)

D
D
Product
Medical malpmcfice (45} D
Reai Property
Eminent domalnllnvmse D Insurance coverage daims arising from the
wse
Non-Plipmwo
Other PUPDMD (23)
(ether) Tort B
D
condemnation (14)
Wrongful eylcflon (33)
0m“ real pmpBW (26)
above Hated
types (41)
Enforcement of Judgment
provisionally comp1ex
D
a
Businefi ton/unfair business
Civfl rights (OB)

pmcflce (O7)
Unlawml Detalner
D D Enfmcemenz of judgment (20)
Misceflaneous Clvll Complaint
E
D
Defamation (13)
Fraud (16)
propmy (19)
D
D
Commercial
Hardenflax
Drugs (33)
(32)
(31)
D
D moo (27)
Other complain: (norspea‘rred above) (42)
E tmeuectua:
Professlonai negiigence (25)
[j Other non-PHPD/WD
Judicial
C] Asset
Review
E Miscellaneous Clvil Petition
E
Employment
Wrongful termman‘on [36)
tort (35)
E]
m wm
forfsiture (05)
Petition re: arbitration
of mandate (oz)
award (1 1) D Pattnershlp and oorporalg governance (21)
Omar pefifion (no: specified above) (4a)
i)"
_
.
[:j Other employment (15) [:3 omer jumaal rawew (39)

E
-h.
('11
2. This case is is not comprex under mle 3.400 oftha Caiifornia Rules of Court. If the case is complex, markthe .
facto
a.
b.‘
U
requiring exceptional judicial
Large number of separately represented parties
Extensive motion practice raising difficult or novel
management
d.
e.
D
E]
Large number ofwitnesses
‘Coordlnation withyelated actions pending in one or more courts
a federal com
' ‘
issues that win be time-consurm‘ng to resolve other counties. states. or countries. or
D EE
in in
.
3.
c Substantial amount of documentary evidence
Remedies sought (check all that apply): a. monetary b
f
CI
Substanllal posfludgment jutficiaf supervision
nonmonemry; declaratory or injunctrve relief c. D punitrve
Number of causes of acfion (specifit): One (1) Cause of Action.

4.
5. This
.6 If
case
there are any
E - ls
knovm related
is not a C?ass action suit.
@593. me and serve a notice of retated case (You may use form CM—O15 )
Date: July 11 2017
MICHAEL G COLANTUONO (SEN. 143551) OWEN /AN§Et\\
{TYPE OR PRJHTNAME] (SIGNATURE 0F Pm OR ATFOW FOR PARTY]
NOTICE
. Plaintiff cover sheet with the first paper filed'm the action or proceeding (except small claims oases or cases filed
mustfile this
under the Probate Code, Family Code. or Welfare and Institutions Code). (Cal Rules of Court. rule 3. 220. } Faflure to file may result
in sanctions.
. Furs this cover sheet In addition to any cover sheet required by low! court rule
. lf this case ls complex under rule 3. 400 et seq. ofthe Canomia Rules of Court. you must serve a copy of this cover sheet on all
other parties to tha action or proceeding.
be used
or a complex case. this cover sheet
rgb—purposes Pan‘—
,
o Unlws this'[s a collections case under rule 3. 740 will forstatistical on1y1
CASE COVER SHEETSOffigal goat Wags?

t_‘xfi
d2
.. dam
mfggfimémw
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__ .
-
-"/‘l‘.“z.
CIVIL *
m.
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L” 5!?
'53“!
5!“;
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.
y ATTACHMENT cv-5012
’ ‘-
CIVIL LAWSUIT NOTICE

Superior Court of California, County of Santa Clara CASE NUMBER: 0., A n n H
1 7L
‘
V ~51 0 Q3
6 d
191 North Firstsr., San Jose’, CA 95113
PLEASE READ THIS ENTIRE FORM
PLAINTIFF (the person suing): Within 60 days after filing the lawsuit, you must serve each Defendant with the Complaint,
Summons, an Alternative Dispute Resolution (ADR) Information Sheer, and a copy of this Civii Lawsuit Notice, and you must file
written proof of such service.
DEFENDANT (The person sued): You must do each of the following to protect your rights:
1. You must file a written response to the Complaint, using the proper legal form or format, in the Clerk's Office of the
Court, within 30 days of the date you were served with the Summons and Complaint;
2. You must serve by mail a copy of your written response 0n the Plaintiff‘s attorney 0r 0n the Plaintiff if Plaintiff has n0
attorney (to “serve by mail" means to have an adult other than yourself mail a copy); and
3. You must attend the first Case Management Conference.
Warning: lf you, as the Defendant, do not follow these instructions, you may automatically lose this case.
RULES AND FORMS: You must follow the California Rules 0f Court and the Superior Court of California, County of Santa Clara
Local Civil RuIes and use proper forms. You can obtain legal information, view the rules and receive foms, free of charge, from
the Self—Help Center at 201 North First Street, San José (408-882-2900 x-2926).
-
State Rules and Judicial Council Forms: www.courts.ca.qov/forms.htm and www.courts.ca.qov/rules.htm
I Local Rules and Forms: www.scscourt.org
CASE MANAGEMENT CONFERENCE {CMC}: You must meet with the other patties and discuss the case, in person or by
telephone, at least 30 calendar days before the CMC. You must also fill out, file and serve a Case Management Statement
(Judicial Council form CM-1 10) at least 15 caiendar days before the CMC.
You or your attorney must appear at the CMC. You may ask to appear by telephone - see Local Civil Rule 8.
Your Case Management Judge is: James L. Stoelker Department: 13
The 15‘ CMC is schedufed for: (Completed by Clerk of Court)
Date: Time: 2:1 5pm in Department: 13
The next CMC is scheduled for: (Completed by party if the 15‘ CMC was continued or has passed)
Date: Time: in Department:
ALTERNATIVE DISPUTE RESOLUTION (ADR): If all parties ADR Stipulation Form (local
have appeared and filed a completed
form CV-5008) at least 15 days before the CMC, the Court will cancel the CMC and mail notice of an ADR Status Conference.
Visit the Court’s website at www.scscourt.org or call the ADR Administrator (408-882-2100 x-2530} for a fist of ADR providers and
their qualifications, services, and fees.
WARNING: Sanctions may be imposed If you do not follow the California Rules of Court or the Local Rules of Cburt.
Form cv—5012 REV 7/01/08 CIVIL LAWSUIT NOTICE Page 1 of1

The Case of Half Moon Bay Vs Its Neighbors

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The Case of Half Moon Bay Vs Its Neighbors

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SUPERIOR COURT OF CALIFORNIA

COUNTY 0F SAN MATEO

Rodina M. Catalano TEL (650) 261-51 00

Date: September 29, 2017

Case Number: 17-CIV—03092

Please provide new case number to Civil Clerks Ofﬁce.

Assistant Court Services Supervisor

vs. § Filed on: 07/1 1/2017

Filed By Filed Against Unlimited

Cause ofAction Dcscription/Remedy

DATE CASE. ASSIGNMENT

Current Case Assignment

Defendant GRANADA COMMUNITY SERVICES DISTRICT WITTWER, JONATHAN

MONTARA WATER AN-D SANITARY DISTRICT FITZGERALD, CHRISTINE

Cross GRANADA COMMUNITY SERVICES DISTRICT WITTWER, JONATHAN

MONTARA WATER AND SANITARY DISTRICT FITZGERA LD, CHRISTINE

PAGE OF l 5 Printed 0n 09/29/20! 7 ar I [:25 AM

Cross Defendan t CITY OF HALF MOON BAY CONDOTTI, ANTHONY P

Real Party In SEWER AUTHORITY MID-COASTSIDE

DATE EVENTS & ORDERS 0F THE COURT INDEX

09/29/2017 z E Answer (No Fee)

09/28/2017 ‘fﬂ Answer (No Fee)

09/27/2017 / /@ Order Aﬁer Hearing

09/1 3/20 1 7 /@ Afﬁdavit orMaiIing

09/1 3/20 l 7 /_ Stipulation & Order

09/12/20] 7 ’I Memorandum of Points and Authorities in Reply

PAGE 2 0F S Printed on 09/29/201 7 at l 1:25 AM

Cross-Complaint OOZ-MONTARA WATER :

Cross-Complainl 003 GRANADA COMMUNITY :

09/07/2017 Ex Pane Fcc Paid

0F JOINDER AND INCORPORA TION BY REFERENCE 0F GRANADA COMMUNITY

09/06/201 7 /. Amended Proofof Service by MAIL 0f

Cross-Complaint OOZ-MONTARA WATER :

Cross-Complaint 003 GRANADA COMMUNITY

09/06/2017 Proof of Service by MAIL of

09/06/20! 7 Proposed Order Received

09/06/2017 E Proposed Order Received

09/06/201 7 Request for Judicial Notice

PAGE 3 OF 5 Printed an 09/29/201 7 a! I 1:25 AM

Cross-Complaint ODZ-MONTARA WATER :

Cross-CompIaint 003 GRANADA COMMUNITY :

09/05/2017 /@ Cross Complaint

09/05/2017 x E Answer (Unlimited)

09/05/20 l 7 Cause ofAction Cross-Complaint (003 GRANADA COMMUNITY)

08/29/20 1 7 /_ Summons Cross-Complaint for Civil Division

Filed by: Cross Defendant CITY OF HALF MOON BAY

03/24/201 7 / Cross Complaint

PAGE 4 OF 5 Printed on 09/29/201 7 a! l 1:25 AM

08/1 5/2017 “/ﬂ Notice & Acknowledgment 0f Receipt of

08/15/2017 ’ﬂ Notice & Acknowledgment ochccipl of

08f10/201 7 /ﬂ ProororSewice on CORPORATION, LLc, etc,

QUESTIONABLE— PERSON NOTA UTHORIZED AGENT SUMMONS AND COMPLAINT.

07/1 1/2017 E Notice 0f Case Management Conference

07/] ”20' 7 ’I Summons Issued/ Filed

07/1 1/2017 ,ﬂ Complaint

07/1 1/20] 7 New Filcd Case

07/1 1/2017 Cause‘ or'Act'ioxi Complaint (001 COMPLAINT)

MONTARA WATER AND SANITARY DISTRICT;

Fm \\'C| ,\1 INFORMATIOV

Cross Complainant GRANADA COMMUNITY SERVICES DISTRICT

Cross Defendant CITY OF HALF MOON BAY

Real Party In Interest SEWER AUTHORITY MID-COASTSIDE

PAGE 5 OF S Primed 0n 09/29/201 7 a! I 1:25 AM