FOREfront--Working for the People of
Volume
05, Issue
CITY, DEVELOPER SHOULD
BE HELD ACCOUNTABLE
By Debbie Holland, a Roseville Resident*
I have never written an opinion or
letter to an editor but I was compelled to write after reading Mrs. Mclnnes’ horror story about her home.
Why should this poor lady have to
suffer, plus lose her life savings for things she has no control over. It seems
the developer, John Mourier, either developed land
that should not have been developed or made some errors in grading. In either
case, I feel he and the city should be held responsible. They should rectify
the situation or grant her remission.
This would not be the first time
John Mourier developed land that was questionable. In
1986 and 1995, he had many homes flooded that he developed in a flood plain.
I do not question Mr. Mourier’s ability or quality of his homes, just the land he
develops and his attitude that people do not matter.
It seems so unfair to enact new laws
that only benefit government and businesses. I know we have become a sue crazed society but the average citizen needs that
legal recourse. We need to know we still have the right to a fair and equitable
judgment. My heart goes out to Mrs. Theresa Mclnnes
and wish Mr. Mourier’s heart would follow.
* This article appeared in The Press-Tribune
November 24, 2001, and is printed with Mrs. Holland’s permission. An editorial
question, Mr. Mourier: What would you do if your
mother bought and lived in a house like Mrs. Mclnnes’?
ROSEVILLE CITY COUNCIL: Year 2001
report card
During the year 2001,
the Roseville city council made many decisions affecting the quality of life
and the future of all Roseville residents. Following are some of those
decisions and our comments.
IN-LIEU
FRANCHISE FEE - The Placer Superior Court
ruled that Roseville should stop collecting the 4% in-lieu franchise fee on your
water, sewer, and refuse bills effective July 1, 2000. However, the city is
still, collecting the fee and is spending your money to appeal the ruling to
the Third Appellate District Court of Appeal. Grade “F”.
UTILITY USER’S TAX -
The Placer County Superior Court ruled that Measure “Q”, which Roseville put on
the November 2000 ballot, was a special tax because the tax would be budgeted
and appropriated solely for police, fire, parks and recreation or library
services; therefore, required a two-thirds vote. It received only a 52.1% vote. On the other hand, the
grass-roots Measure S, to repeal the tax, required only a simple majority and
passed with a 51.2% vote. Roseville is spending your money to appeal the ruling
to the Third District Appellate Court of Appeal. Grade “F”.
LITIGATION
FUND - The city council in December, sensing the loss of their in-lieu
franchise fee and utility user’s tax appeals, approved an $11 million
litigation fund. During the June budget hearings, FORE recommended that the
city set up a reserve fund. A reserve had been also suggested to the council at
earlier meetings, but the city manager, evidently echoing council members’
wishes, said “they would do business as usual” and made no plan for loss of the
tax. Once the budget was cast in concrete, it becomes hard to plan for the
loss. Grade “C “.
Taxes are not to be laid on the people but by their
consent.” James Otis, Jr., Boston Lawyer, from the Rights of the British
Colonies, 1764
WATER METERS,
YOU PAY - Time and again we have asked the council to use the in-lieu franchise
fee, collected on your water bill, or to use the “Citizens Trust Fund” (about
$1 million a year in interest on money from the sale of the Roseville hospital)
to install meters. Other cities budgeted to install water meters. Roseville
should have done likewise. Many seniors, on fixed incomes, and low income
residents will be hurt paying monthly for ten years when the city has already
taken money from them that should have been used for this purpose. Grade “F”.
VERNON BRIDGE CROSSOVER TO
OLD TOWN - The Redevelopment Agency had planned to construct a bridge to span
the rail yard from Vernon Street to Old Town Roseville and spent thousands of
dollars to design it. It was flawed from the beginning. The idea was that once
the area around the new civic center was improved there would be a large number
of people who would want to stroll the bridge and
pause in Old Town to shop and to eat. Some policemen stated that they would spend
a lot of time keeping the homeless from trying to sleep on the bridge. The
project would cost $4 million and Old Town and Vernon Street would not reap the
benefits that the project would cost. The city cancelled the project. Grade “B
“.
CITY FORGAVE $7 MILLION LOAN
- City staff recommended a $7 million general fund diversion (gift) to the new
civic center project. Instead the council LOANED the project $7 million because
FORE objected to building the center without voter approval. FORE told the
council it was a ploy since they would forgive the loan. The city manager said
the loan would be paid back from developer fees. IT WAS FORGIVEN in February.
For telling a fib, Grade “F”.
DEVELOPERS 3- NEIGHBORHOODS
ZERO
CROCKER OAKS, an affordable
rental housing project on Painted Desert Way, was objected to by many residents
because of three-story apartments next to single family homes and a disputed
disclosure statement. On a 4 to 1 vote (Roccucci
opposing) council approved the project. ARBOR VIEW on the Southeast corner of
Foothills and Pleasant Grove Boulevards was approved in 1999 to allow large
three-story buildings in a sensitive area the city’s specific plan prohibited.
Days before the two-year deadline to build, a one-year extension was requested.
A concerned neighborhood citizen asked that the hearing be extended so they
could present valid arguments. Request denied.
CR0WNE POINT residents
objected to a development off Kensington Drive that would dump traffic into the
neighborhood since access to Sunrise Avenue would be difficult. The council
voted to put in a signal light at Sunrise-Kensington, but residents believe
that would not solve the problem because of the existing traffic congestion
between Cirby Way and Kensington. Request denied.
HIGHLAND RESERVE NEIGHBORHOOD
ASSOCIATION members pleaded that a 360,000 square foot two-story business
professional building on a hill should not be substituted for residential units
next to Roseville Parkway. The council told the residents to take their
concerns to the Design Review Commission on the size and shape of the
buildings. Resident Susan Shultis said, “I didn‘t
think this was a big deal to them as it is for us. That’s a shame because we
are Roseyille.” All council members did not miss her
point, Roccucci opposed. Request denied.
One by one, neighborhoods
represented by large numbers of people are being alienated by the city council
which is not heeding their valid concerns while favoring developers. “Grade
“F”.
APPOINTMENT OF COUNCILMEMBER
- When Dan Goodhall resigned his council seat shortly
after the November 2000 election, a number of people applied for the position.
Jack Wallace who came in third in the November race was the logical choice, but
a three to one vote appointed non-candidate Gina Garbolino
over Wallace. Grade “F”.
MUNICIPAL CODE ENFORCEMENT
ORDINANCE - As passed, this POWERFUL administrative ordinance permits the city
to go onto private property to abate what the city determines to be a nuisance.
The ordinance also removed the
requirement to notify property owners/renters and changed the wording from
“SHALL” notify to “MAY” notify. Businesses are suddenly shocked to find the
city can now easily fine them for signs that do not conform to the sign
ordinance. The city becomes the citation writer, judge, jury, and collector of
fines with no appeal of their decision possible to higher authority other than
to review if the city followed their own rules. Grade “F”.
ENRON POWER PLANT - The city council
entered into an agreement with Enron that would allow Enron to construct a
900-megawatt power plant on city-owned property. The agreements were signed
prior to environmental studies. The California Energy Commission (CEC) will
consider the project over a one-year period to determine if a license shall be
granted. Enron offered
AUTOMATED TRAIN HORNS - The
agreement between the city and Union Pacific for automated train horns at the city ‘s railroad crossing should reduce train horn noise as
a train nears the city’s rail crossings. Improving the quality of life is
welcomed. Grade “A “.
REDEVELOPMENT AGENCY NAME CHANGED -
The agency’s name was changed to Economic and Community Development, effective
this January, since staff convinced the council that redevelopment had a
negative connotation to people interested in improving or developing in the
agency’s area. The whole idea of the term “redevelopment” is to make potential
investors aware of the benefits they receive from the Agency. State law
authorizes Redevelopment Agencies and defines their method of receiving and
expending funds amid their general operations.
PROPERTY BUSINESS IMPROVEMENT DISTRICT - This is another
assessment on Vernon Street merchants, but includes the entire Oak Street area
since the land is zoned residential/commercial and as stated in State law,
residents on Oak, Judah, Royer, Pratt, Taylor and Bulen
will end up paying as well. Another fee is paid by merchants/property owners
for “A Vernon Street Lighting & Landscape Assessment District”. The area is
in the “redevelopment area” and money paid to the Redevelopment Agency should
foot the bills. Money is coming from the general fund to maintain parks, why
not
CITY
COMPETES WITH PRIVATE FITNESS CENTERS - The city maintained they were not in
competition with five private health centers after construction of the
RECYCLED
WATER FOR GOLF COURSE - The project to put recycled wastewater on the Diamond
Oaks golf course and
PARKS AND
RECREATION AS AN
The city
now has 38 developed parks, two golf courses, two community centers, four
swimming pools, the
The city manager
tells us that non-Roseville residents pay 20% more than
TORT
CLAIMS
If you submitted
a TORT CLAIM asking for a refund of the utility user’s tax you have paid since
The letter
is strongly worded (unnecessarily) to frighten and discourage you from pursuing
your claim. The city does not want to give you a refund. That being the case,
why have they set up an $11 million “litigation fund” this past December? If
the city refuses to honor individual claims, a class action or other type of
lawsuit will be filed prior to the six-month period referred to in the city
attorney’s letter.
The city
will continue to collect the tax until the case is settled since filing an
appeal “stayed” (postponed) Judge Gaddis’ ruling.
CITY COUNCIL & MORE
The more:
Isn’t it
strange to have the same people be in charge of all
the different agencies, making decisions on decisions they have already made?
The checks and balances are missing. Each of those bodies has different money -
and a lot of it - and different responsibilities. To avoid problems, shouldn’t
those agencies have different elected officials to conduct the business of the
agency?
“There are givers and
there are takers.” Which are you?
FORE produced three
television programs entitled “
- Utility User’s Tax”
was shown in November; and, in January, the “Roseville Traffic Problems”
program will air. Each show airs three different days those months. FORE would
like to hear from you. Tell us what subjects should be covered. You are invited
and welcomed to participate in the programs.
The city council
directed city staff to prepare an Environmental Impact Report (EIR) for improvements
to the
The EIR will look at
several alternatives. But, staff’s recommended solution is widen Cirby to six lanes from Riverside to Foothills, create
triple left turn lanes from northbound Riverside onto westbound Cirby with dual right turn lanes from eastbound Cirby onto southbound Riverside. Triple left turns would
also be created from southbound Foothills onto eastbound Cirby.
All becoming Level of Service “D” by 2015. Area
residents opposed this recommendation years ago when
it was first proposed. Residents suggest “FIND ANOTHER WAY!” For example, widen
About 1987, when the city was
getting into overdrive for the growth explosion, the city engineer held a joint
briefing with the Project Review and Planning Commissions and city council to
explain how traffic on
However, the city has spent tens of
million of dollars on roadways other than Riverside/Cirby.
For example,
Logically, top priority should be
intersections/roadways with the most traffic and the most problems. More
traffic creates problems: more accidents, with greater liability for residents;
more lost time as drivers wait for changing traffic lights; more incidents of
road rage; wasted fuel as vehicles sit idling; increased air pollution as
vehicles idle or move slowly, and air pollution is a major health problem in
the area. It is especially bad in the Riverside/Cirby
vicinity because daily 150,000 vehicles use 1-80 just south of a residential
community as 68,000 vehicles use the intersection and 38,000 are on
We encourage the city council to take action that should have been taken years ago, and find a way to solve this traffic dilemma without widening Cirby Way and creating triple left turns at the intersections - and, MONEY SHOULD NOT BE THE DOMINATING CONSIDERATION.
“Of all things, hope is the last to die.” Russian proverb
Copyright 2002 FORE,
WORKING FOR THE PEOPLE OF
FORE,
916-783-9891 or 916-783-7632 FAX 916-783-9349
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