Half Moon Bay ditch clearing violation goes to court

Kind of funny story at the judicial and agency accountability level.  Thankfully this one isn't Pacifica. 

Jail inmates cleared this ditch 33 years ago, what's the problem?

Half Moon Bay Review/Mark Noack, 11/12/11. "Depending on how you read it, a court ruling faulting Half Moon Bay for Coastal Act violations could mean the city will face a five-figure slap on the wrist - or it might mean fines surpassing $1 million. In her decision made public on Thursday, San Mateo Superior Court Judge Julie Conger found a "knowing and intentional" violation in a city project in 2009 to clear out a clogged drainage channel along Kehoe Avenue.  Conger decided the city should have first obtained a coastal development permit, but she noted the actual habitat damage from the project was relatively minor.

"Accordingly, minimum civil penalties of $1,000 for each day that the violation persists will be imposed per statute," she concluded. That final sentence has left all parties puzzled. Lawyers on both sides of the court case said Saturday it's not clear when the $1,000-per-day penalty begins and ends. The actual consequence is "ambiguous," said plaintiff lawyer Bradley Bening. "Does this go back to the date of the decision, or the date going back to 2009?" he asked. "That's unclear and we have to get that clarified." The answer is crucial.  
If the fine is meant to apply every day since February 2009, that penalty would now surpass $1 million and still be growing.  A fine of that magnitude would be disastrous for Half Moon Bay, which earlier this year cut its police and recreation departments for cost savings. A large penalty would also harken back to the 2007 Beachwood case, another coastal land-use lawsuit that the city settled for an $18 million loss. Alternatively, if the judge's ruling took effect at a later date, the city could scrape by with a much lighter penalty. But even that would depend on how soon the city could obtain a coastal development permit, which will be difficult in any case, said City Attorney Tony Condotti. "It's questionable whether the city could obtain a (coastal development permit) for this area," he said. "I guess that would mean a $1,000-a-day penalty for eternity." Any penalty from the court case would be paid to the California state treasury. The plaintiff in the case, former city Planning Commissioner James Benjamin, would not receive any damages; however, he could petition the court to be repaid for his costs for legal representation and expert witnesses. The City Council is scheduled to discuss the court ruling in closed session on Tuesday before the public meeting."

Posted by Kathy Meeh