FOREfront--Working for the People of Roseville

Volume 5 Issues 4 & 5 July & September 2002

 

ROSEVILLE LOSES IN-LIEU FRANCHISE FEE BID

 

The California Supreme Court denied the City of Roseville’s petition to review the Third District Court of Appeal ruling that Roseville’s collection of an in-lieu
franchise fee on water, sewer, and refuse services is illegal. At the same time, the court denied Roseville’s request for depublication, thus letting the decision stand as precedent for other cities. The Court of Appeal ruling was favorable to
taxpayers in concluding that certain utility fees were not only subject to
Proposition 218 as property-related fees, but were also imposed in violation of the fee limitation provisions under Prop 218. There were no votes to hear the case.

 

Roseville is already trying to find language to restructure its utility fees so that they are not subject to Prop 218. However, a group, other than FORE, will circulate a petition (initiative) for the purpose of repealing the City’s non-itemized 4 percent in-lieu franchise fee on water, sewer and refuse; preventing the city from substituting a similar fee; and, providing utility customers a credit representing past collections of the fee since July 1, 1992. The credit will be itemized separately on utility bills with the notation:  “Credit for Refund of Illegal Fee.” Call 783-9891, 782-5924 or 786-5228 for information.

 

The Howard Jarvis Taxpayers Association is congratulated on its victory for  Roseville taxpayers in this case. You are encouraged to become a member of that fine tax-fighting organization. You can join by calling (916) 444-9950.

 

 

LETTER WRITER PRAISED AND ENCOURAGED TO CONTINUE HER QUESTIONING

 

By Judy Doyle, a Rocklin Resident*

 

Mrs Oppici’s letter (July 10) was not only enlightening, but I believe she hit the nail on the head. She wrote what most outraged citizens believe. She chose to speak out.

 

In November 2001, The Press-Tribune featured an article about a local builder, JMC Homes and how that builder had defrauded a Roseville homeowner. The homeowner, Theresa Mclnnes, was ignored by the city fathers. Bill Santucci, a Placer County supervisor, visited Mrs Mclness at home and shook his head and clicked his tongue at the obvious problems of her home. But, he didn’t help her and he didn’t return to her “house of horrors.”

 

Mrs Mclnnes finally reached an honest person inside Placer County, and after an inspection her JMC home was devalued to $50,000. After The Press-Tribune article appeared, Bill Santucci raised his head one more time. He wrote a letter to the editor about what a wonderful person John Mourier was. Why would this one supervisor defend this builder and not assist the homeowner?

 

Mrs Oppici, you are right. Incentives and bribes are the one thing that causes that mean-spirited greed. Bill Santucci obviously has been in the pocket of this builder, otherwise he would have assisted the homeowner rather than defend the indefensible.

 

Bill Santucci has another secret. He is withholding information about a (contaminated) “pit” in the community of Sabre City. Sabre City is a former military site. Children play in the “pit” and now Santucci is putting a tot lot and baseball diamond in direct contact to that pit. California Department of Toxic Substance Control employees visited Sabre City and stated to several citizens that there is a pit inside the community. They also tested the side castings of Dry Creek and found PCB. Santucci is concealing this from the community. Is he doing this for developers who will be building adjacent to that toxic area?

 

Mrs Oppici, keep speaking out. Keep writing letters. Talk to your neighbors and demand that the Bill Santucci’s of this world stay honest or get out of office. Mrs Oppici you are a real American!

 

* This article appeared in The Press-Tribune July 17, 2002, and is printed with Judy Doyle’s permission.

 

 

“There are a thousand hacking at the branches of evil to one who is striking at the root. Henry David Thoreau

 

 

HILLSBOROUGH NEIGHBORHOOD NOT THE FIRST TO LOSE

 

Valid Hillsborough neighborhood concerns were swept away by the city council 4 to 1 (Roccucci agreeing). The concerns were mainly traffic and air quality degradation that an Albertson open-24-hour store would cause. The issues were an appeal of a Planning Commission approval of the store. CROCKER OAKS a 3-story rental apartment housing project on Painted Desert Way was objected to because of the height next to single family homes. The valid issues were ignored by the council 4 to 1. ARBOR VIEW. The Roseville specific plan prohibited three-story buildings and removal of oak trees. Council approved three-story buildings and removal of oak trees over 120 residents’ objections. CRESTHAVEN ASSOCIATION has been put off for years about improving the CirbyRiverside intersection and was ignored by council about the noise caused by Big Shot Billards. BLUE OAKS NEIGHBORHOOD. Council approved a well pumping station near Deer Creek school over 100 residents’ objections. CR0WNE POINT residents objected to development off of Kensington Drive that would dump traffic into the neighborhood. Objection denied. HIGHLAND RESERVE residents pleaded that a 360,000 square foot two-story building on a hill overlooking homes should not be substituted for residential units next to Roseville Parkway. Resident Susan Shultis may have summed up these neighborhood alienations by saying, “I didn ‘t think this was a big deal to them (council) as it is for us. That’s a shame because we are Roseville.”

 

. . . it does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in peoples minds.” Samuel Adams

 

 

YMCA, FITNESS AND ROSEVILLE SPORT CENTERS                         

 

The YMCA management had the good sense to withdraw from the Roseville offer of a paid for swimming pool plus free use of public land. Roseville residents felt they did not want their tax dollars being given away when other uses could be found for the land and money. They also believed the private sector could provide similar facilities and be a tax paying enterprise.

 

The private fitness centers and Roseville Sports Center are still at logger-heads. The fitness centers had lobbied the Parks Department to keep the city out of fitness center activities such as the Roseville Sports Center providing free weights, dumbbells, and personal trainers. The city staff suggested, in a written  memorandum of understanding, that it would not compete with the private fitness centers by providing free weights, dumbbells and personal trainers at the sports center.

                                                                                                   

However, the city reneged when they provided those amenities. While the fitness center in the Roseville Sports Center is said to be small, it is in a 2300 square foot room of the sports complex. That is as big or bigger than any of the private facilities. What the city does not talk about is the locker, washroom, reception, basketball and child-care areas that are also used by exercisers. Also downplayed by the city is that the sports center lost $250,000 and is taking in revenue that covers less than 75 percent of the cost to operate the sports complex fitness center. That does not include the washroom or locker operations. Free this and free that is offered by the sports center and their advertising is free. You find it on the web, on Channel 11 and material contained in utility bills. The loss of $250,000 does not include the cost of rent, insurance and city staff that the sports center does not bear or account for.

 

The Roseville Sports Center pays no property taxes and has hired fitness center personnel that the private sector employed by offering them high wages and benefits. It would appear that the city is making every effort to put the private fitness centers out of business. That is not fair to the private sector when in the beginning the city said they would not compete with the fitness centers and now have raided their personnel rosters.

 

The chamber of commerce should be outraged at the city’s treatment of a segment of private enterprise. Yet, the chamber has stood mute during this obvious power play by the city parks department. Could it be that the yearly stipend they receive from the city has tainted their basic goal of protecting the private sector from governmental attack. Have chamber members been apprised of the city vs fitness center squabble and the high stakes to them should another business sector be threatened by a city take over?

 

The city has provided more than sufficient recreational facilities that the private sector does not offer. They include batting cages, swimming pools, softball diamonds, soccer fields and neighborhood and regional parks all built and operated at taxpayers expense. Roseville cannot be all things to everyone in providing every recreational need people say they want - and free at that or - at a very reduced rate. The out of towners also get a good deal in Roseville - low cost subsidized recreational facilities. The city’s general fund is not that large. An economic downturn could mean drastic reductions in the city’s ability to provide the present and expanding recreational programs.

 

Roseville should show the good YMCA sense and get out of the fitness business.

 

ROSEVILLE NEEDS PUBLIC DISCUSSION ON POWER PLANT

 

Not long ago the city council was asked to schedule an agenda item to discuss the proposed ENRON power plant. The council declined a public hearing, instead directed staff to provide a progress report on the plant. We’re still waiting for a report.

 

Two major changes have occurred since the council first proposed the ENRON plant. The first change is that ENRON is now in bankruptcy, criminal indictments have been filed against ENRON, and ENRON’s top officials have allegedly taken hundreds of millions of dollars out of the company, while thousands of their employees have lost their life savings. it is questionable that this is the type of company Roseville should do business with.

 

The second change is the purchase of Emission Reduction Credits (ERC) required for the plant to operate. In creating air pollution, a plant is required to offset negative impacts by eliminating more pollution than it will create. ENRON had initially proposed to do this by paying Union Pacific Railroad to upgrde its high-polluting diesel engines to newer, cleaner burning engines. That was reasonable: the cleanup would have occurred in Roseville, to offset the new source of air pollution in Roseville.

 

This arrangement could not be made. Instead, ENRON now proposes to obtain ERCs largely by replacing high-polluting water pumps used by farmers for irrigation with “clean” electric pumps in Yolo and Solano Counties - far from where the new pollution will be created. Other credits may come from paving gravel roads far from Roseville.

 

All the new pollution will be created in Roseville, which already has some of the worst air pollution in the nation, while cleaner air would benefit Yolo and Solano Counties, which have relatively clean air already. The California Energy Commission accepts this concept, because we are all in the same air basin. Roseville residents should not.

 

What does Roseville get for accepting even dirtier air? Annually, $1 million dollars for 25 years. That is a lot of money, but when you consider that Roseville’s annual budget is $300 million, it isn’t very much compensation for the added cost of human suffering of 100,000 people due to breathing problems.

 

Yes, California needs more energy to supply the needs of the huge influx of people - but Roseville will not get any electricity from the plant. It will go to the highest bidder.

 

Numerous cities have already severed connections with ENRON. For example, Houston renamed its ENRON baseball stadium and Chicago cancelled its electric contracts. Roseville should severe its relationship with ENRON and give priority to the health of residents instead of the mighty dollar.

 

Note: The permitting process for the Roseville power plant has been placed in suspension for one year by the California Energy Commission. Enron ‘s effort to sell the project fell through in July and creditors are not allowing Enron to spend any more money to license the plant.

 

ROSEVILLE’S DEVELOPMENT PYRAMID SCHEME ABOUT TO COLLAPSE?

 

 

The city council approved the General Plan and Specific Plans, collecting fees for parks, streets, public facilities and to mitigate negative impacts caused by developers. To aid development, council members and management went into “partnership” with developers. While development continued at breakneck speed (fastest growing county in California) the council approved speeding the process so developers could get quicker approvals. 

 

Roseville resident were assured new development would not cost them, but they would have all the parts, streets and public facilities built with developer fees.  What a deal!

 

Developer fees were put into one pot and the council approved which and when public projects would occur.  They used the money specifically collected as mitigation to fix impacts of developments for other projects they determined more important.  That is why the Riverside-Cirby intersection has never been corrected and continues to be a serious problem.

 

As Roseville rapidly reaches build-out, developer fees are about to dry up.  The city has robbed Peter to Paul with a pyramid scheme.  Where will the council get the money to build the promised libraries, recreation facilities and fix the traffic problems?

 

Roseville is looking to annex more land (3,000 acres) to keep developer fees rolling in, so that the pyramid scheme can go on.

 

Residents already have an $87 million debt in Certificates of Participation (bonds) that they did not vote on and are paying those through fees and the general fund for 20 years.  We are paying to lease the water and waste water treatment plants and electric substations through our rates.  The leased library, police station and Corporation Yard debt will be paid by all residents through the general fund.  Don’t forget the school bonds on your property taxes voters approved in 1992 that was supposed to meet all of the city’s planned development.  And to think, you will be faced with three more school bonds on the November ballot.

 

Who will be left to be accountable for the “partnerships” the council and management created?  City manager Al Johnson will be retiring at 90% of his almost $200,000 salary as are many other high-paid city staff.  Will City Attorney, Mark Doane, soon follow and get his golden parachute?

 

“New development pays for itself.”  Infamous words of past Mayor Harry Crabb

 

FORE SCHOLARSHIP AWARD

 

James D. Hodges, a political science student at California State University, Chico was awarded a $500 FORE scholarship.  James was an active member of the student body at Oakmont High School while attaining excellent scholastic marks prior to being accepted at Chico state.  He plans to attend law school and become an attorney.  We wish him well in his scholastic endeavors and success in the business world.

 

BIG PRICE LITTLE BENEFIT*

 

THE Public Information Act is an important part of holding public officials accountable to the taxpayer by allowing access to show expenditures of travel, conferences and other types of spending.  Recently, information was made available regarding how wisely or inappropriately, as the case may be, our public officials are acting as stewards of the public’s monies in performing their duties.

 

This brief preliminary report will be followed by a more in-depth analysis of attendance and expenses claimed by councilmembers and city personnel to numerous events and conferences.

 

There appears to be inadequate control and oversight of claims and expenditures for the inordinate amount of travel, conferences, functions and events attended bycouncilmembers and city staff. Even though there are some policies and procedures relating to travel and expenditures, they are vague as to what is an appropriate cost to the taxpayer. There are numerous occasions that existing policies were violated by councilmembers and the City manager.

 

Names of luncheon and dinner participants were often omitted from receipts; claims were approved numerous times for the City Manager even though the receipts were “lost”; taxes and tips for meals of spouses of councilmembers were frequently paid for by the City; the City Manager and a councihnember have often gone to an expensive restaurant for lunch or ordered in to go over the meeting agenda; the City Manager frequently pays for lunches or dinners with a city credit card for developers or councihnembers or other Roseville “action group” members.

 

City policies recommend adherence to state per diem expenditure rates which are $6 for breakfast, $10 lunch, and $20 dinner. In one instance, City Councilmember Earl Rush incurred a dinner expense for himself and his wife in the amount of $114.05. While he reimbursed the city for 50% of that cost, or $57.03, the cost to the taxpayers for his dinner alone is excessive. Between December 2000 and March 2002, councilnember Rush submitted claims totaling $400.85 for numerous breakfast and lunch meetings in Washington, D.C. and Roseville with various individuals. The taxpayers picked up the tab for developers or their representatives, a former mayor and Councilmember Rush’s own campaign manager, Aldo Pineschi.

 

It is inappropriate for city taxpayers to pay for meals for developers, business people, friends, campaign managers or even councilmembers themselves if they decide to meet over a meal. Any inappropriate expenditure should be reimbursed to the city.

 

                            City policies do not allow for purchase of equipment, yet, Councilmember Rockholm submitted a claim of $21.35 for a leather case for his cell phone. In addition, he was reimbursed $65 for his passport expenses. In 2002, the City paid its annual membership of $11,500 to the Sacramento Area Commerce and Trade Organization. The City also paid $500 for a bronze sponsorship for a luncheon. There are other very expensive dues and memberships being paid to various organizations and it is very questionable whether the expenses are really necessary expenditures for Roseville taxpayers,

 

                In  January 2002, the City paid for a “Chamber (of Commerce) Installation Dinner and Sponsorhip” for all city councilnembers and their spouses and the City Manager. Cost to the taxpayers for this function was $762.50. While it is important for the City to be civic-minded, It should be remembered that it is not a private business enterprise, and monies do not accumulate through efforts of the representatives and employees of the City of Roseville. As a city govermnent, there should not be an “entertainment budget” to wine and dine business prospects.

 

·           Source: City of Roseville records

 

ROSEVILLE’S SLUSH FUND 

 

                       GENERAL FUND 2000-2001

 

 

 

 

Variance

 

 

 

Favorable

 

Budget
Actual

Unfavorable

REVENUES

 

 

 

 

 

 

 

Taxes

46,034,100

51,092,405

5,058,305

Licenses &  

      Permits

 2,116,370

 2,431,091

   314,721

Charges For

     Services

 6,187,469

 8,202,129

2,014,660

Subventions &     

     Grants

 5,076,022

 5,180,262

   104,240

Use of Money  &

Property

   895,880

1,156,756

   260,876

Fines,Fortfeitures    

 & Penalties        

    73,000

    66,900

   (6,100)

Miscellaneous

      Revenue

  386,900

 272,626

(114,274)

 

 

 

 

Total Revenue

60,769,741

68,402,169

7,632,428

 

 

 

 

EXPENDITURES

 

 

 

   Current:

 

 

 

General

Government   

14,241,338

14,210,158

    31,180

 

Community Development and Planning

  5,779,084

  4,321,936

  1,457,148

Public Works

13,317,417

10,873,585

2,443,832

Public Safety:

 

 

 

  Police

14,307,189

13,868,406

   438,783

  Fire

  9,527,896

  9,197,433

    330,463

Library

   2,485,936

  2,169,391

    316,545

Parks &

Recreation

  9,558,291

  8,781,180

    777,111

Housing Assistance Program

 

 

 

Capital Outlay

3,128,792

254,655