FOREfront--Working for the People of Roseville

Volume 2, Issue 1, January 1999

 WHAT’S NEXT IN LAWSUIT AGAINST CITY’S FEES?

The City of Roseville recently filed its Answer to the Complaint filed against the city by the Howard Jarvis Taxpayers Association. The Jarvis Complaint challenges the collection and transfer of excess water, sewer and refuse collection charges from Roseville rate payers into the city’s general fund. The excess referred to is a 4% "In Lieu Franchise Fee" added to every Water-Sewer-Refuse bill. The 4% is not itemized, but it is included in the amount billed.

According to the Jarvis group, charging rate payers more than the city’s cost to provide water, sewer and collection services, then siphoning off the surplus and depositing it in the general fund, violates Proposition 218, the Right to Vote on Taxes Act. Proposition 218 requires that fees for property-related services be limited to the cost of providing the service and prohibits the use of fee revenue for any purpose other tan providing the service.

The Answer filed by the city denies the allegations in the Complaint and states that the overcharges are justified.

For its next step in the litigation, the Jarvis group will be conducting discovery (the fact finding phase) and gathering evidence to prove its claims. It the city’s responses to Jarvis’ discovery requests show there is little disagreement as to the facts and that the city and Jarvis simple disagree over the legal requirements of Proposition 218, then Jarvis will probably seek an early resolution of the case by filing a motion for summary judgement.

"No man is an island, entire of its-self . . ." John Donne

YOU PAID HOW MUCH FOR YOUR JOB?

If you spent $50 to $150 to have some one find you a job, that is not unreasonable if you earn a living. But, would you spend over $80,000 for a $150 a month job? That is what each of the three winning Roseville city council candidates (Nov 98 election) spent trying to get a $150 a month job.

Do you think candidates have a conflict of interest when they pass judgment on projects their bigger contributors put before them? You decide!

Candidate

Contributor

Amount

GAMAR*

Diamond Creek Partners

$5,075

 

John Mourier Constr

5,099

 

Richland Properties

5,099

 

Signature Properties

1,039

 

Del Webb Corp

3,000

 

Coker Ewing C0, LP

1,998

 

Oakville Reserve, LTD

5,000

 

 

 

RUSH*

1600 Placer Investors, LP

6,450

 

Elliott Homes, Inc

5,000

 

John Mourier Constr

4,900

 

Richland Properties

5,099

 

Del Webb Corp

5,095

 

J.R. Conkey Assoc

1,500

 

Oakville Reserve, LTD

5,000

 

 

 

Goodhall*

John Mourier Constr

7,903

 

Oakville Reserve, LTD

5,000

 

Elliott Homes, Inc

5,095

 

Diamond Creek Part

5,000

 

Richland Enterprises

5,099

 

Sares-Regis of N. CA

5,000

 

The City of Roseville has a "Voluntary code of campaign conduct" form. The city publishes the Code in the same ballot. It is then up to the electorate and the press to hold candidates accountable for compliance with the Code.

Let’s look at paragraph 5 of the Code: "Attempt to raise funds from the broadest possible base, not relying on large contributors. I will also keep my expenditures reasonable, not relying on expensive media campaigns."

Just how do we, the electorate, hold candidates accountable for this item? The financial numbers are not final and by election day only one of the winning candidates had reported as much as $60,000 raised and spent. It is obvious the electorate can not hold candidates accountable because they don’t have timely information (most absentee ballots are long in). FORE’s answer: DISTRICT ELECTIONS!

* Money figures are not complete as candidates must submit a financial statement by January 31, 1999.

FEBRUARY 15TH MEETING

Nominations will be taken at the February 15th meeting for three Board of Directors members (two-year terms), Chairman, Vice Chairman, Treasurer and Secretary (one-year terms).

ROSEVILLE’S SLUSH FUND

The city reported fiscal year 98, (July 97-June 98) ended with a whopping $9 million over general fund expenses. That’s good news since about $5 million is in an "Economic Reserve"—a rainy day account. The remaining $4 million surplus is a problem. It must be "spent," but only for reasonable costs for police, fire, parks and general administration or some taxpayers group will shout "give it back."

The City manager, Al Johnson, proposed about $3 million go into the "Building Fund" for a new Civic Center.

A member of FORE suggested the $2.1 million collected by Roseville Electric over the cost of service be returned to Roseville Electric and applied to its $140 million debt, not be put in the general fund. The debt would be paid off sooner and mean lower electric rates in the future.

The City manager’s rational was that if these moneys are not put in the Civic Center Kitty, then the Council would have to "go to the voters" for approval. Unsaid was that going to the voters means convincing voters there is a—need. When Roseville built the new $12 million police building—and paid cash—does anyone recall a NEED was ever established?

Look how all this relates to an October 21, 1998 Sacramento Bee article by Art Campos, titled "Taxpayers Group Sues Roseville, Claiming Illegal Use of Utility Income. The lawsuit involves $1 million and our City Manager said:

Loosing the utility income would probably result in cuts being made in such services as police, fire, libraries or youth programs and $1 million alone pays for 14 police officers on the street.

One fire station operates for $1 million. The Maidu Community Center and our senior programs run for $700,000. Closing all youth programs would save $900,000. Those are examples of what $1 million can provide our city."

DID YOU EXPECT HIM TO SAY, "we have $4 million more than what is needed for police, fire, parks and general administration, and losing that $1 million might delay construction of the Civic Center because the city would need to go to the voters for the money."

FORE admits its priority is to ease traffic problems and lower utility rates, not another government building. Especially, when spending tax dollars without voter approval for such a structure.

THAT’S YOUR MONEY IN THE ROSEVILLE SLUSH FUND.

OVER DEVELOPMENT – THE TREND IN GROWTH

No one needs to tell you about the population growth in Roseville. But, how about the commercial, industrial, retail, hotels, etc. development that is exploding? Various neighborhood associations are looking at proposals at Riverside-Cirby, Diamond Oaks-Reserve Drive, Foothills-Pleasant Grove Road, Sierra College Blvd-Douglas Blvd and Eureka Road-Sierra College Blvd. The neighborhood associations are mostly concerned with the potential increase in traffic and increased land-use density that may occur. In some cases even residential density is being increased – single lot designation to apartments or increasing the number of single family lots in a project.

It appears the city wants to allow over development by squeezing in more than what is reasonable. According to the city when justifying a project, there is "no significant increase in traffic" from the project. That really is a short-term effect. The long-term effect is traffic nightmares on our under engineered and inadequate capacity road systems.

The same can be said about flooding in Roseville. Each additional development being approved is said, "to have no significant impact on our creeds." Add each of the NO SIGNIFICANT INCREASES together, and it becomes quite significant!

Traffic is the same. Add the NO SIGNIFICANT INCREASES together. Yes! You see it and experience the increasing traffic problems daily.

FORE is adamantly opposed to increasing LAND-USE density. Roseville’s small town atmosphere is in jeopardy. The only way to preserve it and keep a reasonable quality of life is to FIGHT FOR IT. FORE will do just that.

DISTRICT ELECTIONS FOR CITY COUNCIL

Harry Crabb, in 1989, proposed having district elections when Roseville’s population reached 60,000 people. It is now near 70,000. Crabb is again Roseville’s Mayor – a position from which he could well champion his earlier call for elections by districts. An election method with which FORE agrees.

The population level, while a compelling reason for such elections, has become overshadowed by HUGE CAMPAIGN CONTRIBUTIONS needed to win a city wide election.

In 1991, Fred Jackson raised and spent over $64,000 to win a seat. In 1996, Harry Crabb raised and spent over $70,000 in a three-man race for two seats. The 1998 city council race was for three seats. The three winners, Claudia Gamar, Earl Rush and Dan Goodhall raised and spent over $80,000 each. Jim Gray and Jeff Atteberry raised and spent over $50,000 each. Al Saraceni AND John Cantlay raised and spent less than $6,000 and $1,000 respectively. They both lost, as did Atteberry and Gray. MONEY TALKS!

Candidates will tell you, without money their messages can not get to voters. Door-to-door campaigning, with little money for one-page xeroxed flyers and lawn signs, is TOUGH. There are over 12,000 homes/apartments and few people are home weekdays.

Compelling reasons for elections by district: MONEY and LACK OF PERSONAL CONTACT. Roseville can easily be made into five districts. Candidates would not need obscene BIG SPECIAL INTEREST MONEY. Candidates and their friends could personally contact nearly every voter in their district and need very few lawn signs. Campaign costs would be reduced drastically.

Elections would get back to the small-town Roseville we all enjoyed. It would need a city charter amendment to include how the mayor and mayor pro tem are chosen. The Roseville Charter Commission should address those issues, with public input, and recommend charter amendments for voter approval.

Responses to FORE’s Newsletters. Responses to the newsletter are not all laudatory. Some people don’t want to be bothered or say you can’t do anything any way. The majority says right on, or keep up the good work, or you keep the city honest, or other encouraging remarks.

We want to share with you the following which shows only one of the many deep concerns most people have. It is a typewritten note to FORE, dated Nov 24, 98: It says, "Dear People: While you are looking at the people’s right to vote on taxes, and suing the City in the process, why isn’t the $1.18 per month Roseville City Tax on my monthly telephone bill included? I do not recall ever having voted on such a tax. What right has the City to levy such a tax?" There is no signature, just a typed: "A Concerned Tax Payer." (FORE asked the city to repel the 5% Utility Users Tax. The city declined. The next step is a ballot initiative to repeal the tax).

FORE’s Transportation Committee. The committee has two major projects. The first is to find a way to get light rail (the preferred term is commuter rail) from Watt Avenue to Roseville, to include a stop at the new Galleria regional mall on Hwy 65. The purpose is to get people to work without hassle and relieve traffic, particularly at Riverside-Cirby, Douglas-Sunrise, Cirby-Sunrise and Baseline Road.

The second project is to get barriers at railroad crossings that vehicles can not cross until the train passes. (Such barriers are already in other cities). The new crossings make it so the trains do not have to sound their horns or whistles. The project is a noise abatement and safety issue.

Copyright 1999 FORE, Roseville, CA

WORKING FOR THE PEOPLE OF ROSEVILLE

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