I’ve always believed that negotiations in reaching a good decision are a basic part of the democratic process.  I feel using coercion of the type that does not permit the professional employed staff of a City from voicing their opinions leads to bad decisions and future consequences of not allowing these professionals to do the job for which they were hired.

I strongly feel that the statement included in the Ailanto/City of Half Moon Bay/Coastal Commission out of court settlement that “The Staff of the City shall recommend that the City approve this Terrace coastal development permit” should be removed from the agreement before the Planning Commission and City Council make their decision concerning this CDP.

In order for me to get a proper perspective of the issue I asked myself if I was employed on a city staff , “How would I react to this restriction?”.

I discussed this with contracted HMB legal,  The State Board of Registration for Engineers and the General Counsel of ASCE (American society of Civil Engineers).

The Board of Registration uses the California Attorney General’s staff to review and comment. Their response indicated that the inclusion of this restriction in the settlement agreement was not in violation with the rules governing licensed professionals.
However “it might possibly be an issue if a licensee changed his professional opinion based upon coercion by the City. For example, if the City required its licensed staff to change their opinions, and if the staff did so at the City’s urging, and if their changed opinions were not supported by a basis of fact, experience, or accepted engineering principles, then licensee in question might be in violation of the Board’s laws and regulations.”

I further discussed with the General Counsel of ASCE ( An organization which I have been a member for 40 years and   followed the ethical standards governing issues in civil engineering) as to what should I do if I found myself in this restricted position.  His response: You should say what you believe and than resign your position and go find a position which allows you to do your job.

At 68 years old I would say “right on”

But if I was 48 and had two kids in college would I have been “coerced” into “taking a pass” on the conflict?

What would you do?

Jerry Steinberg
Half Moon Bay

Jerry,

Thank you for continuing to point out one of the many obvious flaws in the Settlement Agreement.  I do not believe I have ever seen anyone shown you to be incorrect.  I can see how you are perplexed.  The previous City Council created many situations like this and the fallout, including resignations of much of the senior City staff, will likely continue.  Of course, critics of the current City Council will blame it on the current City Council.

On a related topic, it will be interesting to see how Councilman Grady gets Councilman Muller to help dig him out of the hole he is in with the “Community Park.”  Apparently POST would “really like to see the park there as much as us.”  I would like to know exactly who “us” is.

Take a look at Coastsider’s video of the public comments from Tuesday’s City Council meeting for the city attorney’s response to Jerry’s concerns:

  http://coastsider.com/index.php/site/news/1528/

I would expect the City Attorney to put forth that argument, echoing the state agency’s comment, however, it is his opinion and however fully-formed it is, it may or may not correct.  The language in the agreement is very direct and Mr. Steinberg’s argument has merit.  My opinion, of course.