City hires $100,000 consultant when applicants fall short
The lack of qualified applicants for a new deputy city manager position in Scotts Valley means the city will have to wait until at least next summer to fill the post, according to City Manager Jenny Haruyama.Haruyama isn’t waiting, however, to get assistance for a wide range of City Hall projects on her to-do list for the New Year.She has entered into a contract for $100,000 in professional services from ith national consulting firm Management Partners.The city had posted ads for the vacant position shortly after Haruyama took the helm last summer. Out of numerous applicants — all from California — three prospective candidates were interviewed. The new city manager was not impressed.“The candidates that were interviewed did not have the technical experience or depth needed in the area of finance and budget,” Haruyama said.Haruyama has held similar positions in three California cities.Steve Toler, a former assistant city manager and finance director, is the consultant who will be on site 20 hours a week for Haruyama and her staff.The city will also have access to several other Management Partner consultants who will provide project and analytical support as part of the contract, she said.The scope of work includes engaging employees in budget education, training, employee outreach, developing financial forecasts, conducting fee studies, and evaluating budget documents.“Taking steps to ensure that a strong financial management structure is in place, coupled with the implementation of budget development best practices will better position the city when it conducts its subsequent recruitment for a deputy city manager,” Haruyama told the city council at its Nov. 16 meeting.The contract cost will be covered through savings generated by the budgeted deputy city manager vacancy.About $135,718 (salary and benefits) was budgeted as part of the current operating budget. The remaining salary savings will be $35,718.Management Partners was founded in 1994 to help local government leaders improve their service to the public.The consulting firm has offices in San Jose, Costa Mesa and Cincinnati.
Help protect the oceans and keep them litter-free
Since the mere age of four I have been active in the ocean conservation field.
Datebook
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It’s the Law: The Sky’s the Limit
If you live in Scotts Valley, it’s impossible to miss the substantial increase in noise due to airplanes constantly flying overhead at relatively low altitudes.There’s not just a buzz in the air, but also in the local papers as residents complain about the noise and those unaffected whine about those who are whining. It’s serious enough that phone numbers (877-206-8290) and websites (http://www.flysfo.com/community-environment/noise-abatement/file-a-complaint and http://www.sossantacruz.org) are dedicated to the problem. What is the law when jets buzz the local landscape? You might wonder whether those jets are trespassing. This, in fact, was a question asked when airplanes first started roaring overhead. The common law held that landowners owned the sky to the periphery of the universe. The civil code in California still declares that a landowner owns everything situated above the land. That stance, however, was modified in the early sixties to conform to federal cases that declared at least as early as 1932 that the federal government has a permanent easement to use the skies for public transportation. Trespass actions and most attempts to enjoin airplanes from flying overhead were rebuffed by the courts.Other landowners claimed that the flights constituted a taking entitling them to compensation. In United States v. Causby, the Supreme Court found a taking because the flights above the landowner were outside of “navigable airspace.” As you might expect, Congress went dizzy with fear that tens of thousands of landowners would sue for takings because of flights outside of navigable airspace. Their solution? Redefine navigable airspace, of course, so that virtually all airspace is “navigable.” The current presumption is there is no taking if the over flight is more than 500 feet above the ground in rural areas (i.e., Scotts Valley) or 1000 feet in congested areas. While it may be possible to prove a taking above these elevations, good luck in finding a lawyer who will take the case.Does this mean the good citizens of Scotts Valley are doomed with no recourse? Certainly not. I can think of two actions one may wish to take (other than whining). First, ask the county assessor to reassess your home and lower your property taxes. I suspect even the most jaded government assessor would agree that hundreds of flights over one’s property, at all hours of the day, diminishes the value of your property. (If the assessor doesn’t agree, tell him you’ll be blowing an air horn outside his house every few minutes 24 hours a day.) Second, one can sue for nuisance and inverse condemnation. Nuisance is a particularly convoluted law, such that one legal scholar declared, “There is perhaps no more impenetrable jungle in the entire law than that which surrounds the word nuisance.” Still, it is well settled that one can sue an airport, in this case SFO through the city and county of San Francisco, for nuisance and/or inverse condemnation.If you have the stomach (and wallet) you can do full blown litigation, but one can also go to small claims court. While the details of how to sue for nuisance and inverse condemnation is beyond the purview of this column, here are a few guiding principles. First, you have to file a government tort claim. The form is online at http://www.sfcityattorney.org/Modules/ShowDocument.aspx?documentid=427. If you have any plans on doing this, you better get moving because the usual time limit is six months from when the problem accrues (there is an argument it should be 1 year, but I wouldn’t risk it). When referring to airplane noise, this is sometimes called the date of stabilization. I suspect the courts will say the “cause of action” accrued when the NextGen flights began. I understand this was in early March, so the deadline looms. Even if you’re not sure you want to follow through with a claim at this time or don’t know your damages, it’s still best to file the claim or you will lose it forever.If the government rejects your claim or remains silent for 45 days, you can proceed with a lawsuit but, again, don’t delay as there are statutes of limitation. Your next task is to determine damages. While you won’t be able to put a precise figure on the annoyance and emotional distress, you can determine how much the value of your home has diminished. A court may accept an assessor’s drop in assessed value due to the flights but the assessor isn’t necessarily looking at market value. To get diminished market value, you must hire an appraiser. While the diminished market value should work as proof of “substantial interference”, you can also bring witnesses to testify and educate the court on the hundreds of flights flying daily over your property. Some of this information can be gleaned from San Francisco International Airport’s website. Otherwise you may have to make a public records request.I want to stress that the law surrounding nuisance, inverse condemnation, tort claims, damages, evidence and civil procedure can be remarkably complex. Plus, statutes of limitation lurk everywhere. A layperson doing this on his/her own in Superior Court can quickly be overwhelmed, but a diligent individual should be able to maneuver through small claims court. Go for it! The sky’s the limit- but only $10,000 if you’re in small claims court.Gary Redenbacher of Scotts Valley is an attorney in private practice. E-mail him at [email protected]
There’s an ornamental grass for every garden
One of the most dramatic sites in a garden is an ornamental grass backlit by late afternoon sun. They seem to come alive as their tawny flowers spikes glow and sway in the breeze. Their gentle movement and soft whispering sounds can bring your garden to life as few other plants do.
Valley People: From Switzerland to Scotts Valley, gardens green for Schweizer family
Alice Schweizer, manager of Redwood Nursery in Scotts Valley, has happy childhood memories of running through orchards and working in the vegetable garden with her mother.
Datebook
- Submit Datebook items to [email protected] or drop off press releases or photos at 5215 Scotts Valley Drive, Ste. F, Scotts Valley 95066. Deadline is 5 p.m. Tuesday. Entries are subject to editing, and publication is not guaranteed.
Final paving, striping on Highway 9 continues this week
A major maintenance paving project continues on Highway 9 between El Solyo Heights Drive in Felton and California Drive in Ben Lomond.
Travelers on Highway...