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Presentation

Riverside City Council
December 19, 2023

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Presentation
Meeting
December 19, 2023
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Riverside City Council
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Text extracted from the city's file for reading and search. Open the original on riversideca.legistar1.com. That file is the official record.

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GENERAL FUND TRANSFERS FROM

PUBLIC UTILITIES DEPARTMENT
Riverside Public Utilities
City Council Workshop
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The source of authority resides in
the City Charter subsections 1204.1
and 1204.2. The voters established
the GFT by way of a ballot measure
in 1907. Over the past 116 years,
voters have approved 6 ballot
measures in support of the GFT with
the most recent ballot measure
approval in 2021.

WHAT IS THE GENERAL FUND TRANSFER (GFT)?
The General Fund Transfer (GFT) is the City's annual budgetary transfer from its electric utility and water utility to its general fund for general revenue purposes.

The combined General Fund Transfer or
GFT for the electric utility and the water
utility amounts to
$50.5M
to the general fund
for fiscal year ended
June 2023.
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1907 – Majority vote established City Charter
Provides authority for the City to enact certain
legislation over its municipal affairs
General Fund Transfer - History
General Fund Transfer (GFT), Section 172(4)
Providing funding for the general fund of the City
through a transfer from the public utilities
department was established
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Each public utility shall be kept separate and apart from all other moneys of the City and shall be used for the purposes and in the order as follows:
a) Payment of operating and maintenance expenses
b) Payment of interest on bonded debt
c) Payment of principal of said debt
d) Payment for capital expenditures
e) Payment into the contingency reserve fund, and
f) The remainder shall be paid into the general fund
History
The 1953 Charter, and as amended in 1967, introduced Section 1304 to revise the prior Section 172(4) guidance.

Section 1304, “Use of Revenue” states:
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History
f) For the annual payment by each utility into the general fund in twelve (12) equal monthly installments during each fiscal year, an amount equal to 11.5% of the gross
operating revenues, exclusive of surcharges, of each
specific utility for the last fiscal year ended and reported upon by independent public auditors.

June 4, 1968 – Majority Vote
Charter amendments effective July 16, 1968 replaced in full previous language from Section 1304(f) with the following:
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History
The revenue of the water public utility for each fiscal year shall be kept separate and apart from all other moneys of the City by deposit in the appropriate revenue fund and shall be used for the purposes and in the order set forth in Section 1204 and for the annual payment by water utility into the general fund in twelve equal monthly installments during each fiscal year, an amount not to exceed 11.5 percent of the gross operating revenues, exclusive of surcharges, of the water utility for the last fiscal year ended and reported upon by independent public auditors. The proceeds shall be used to maintain local general purposes as the City Council may by budget or other appropriation direct such as 9-1-1 response, police patrols/fire protection, children’s after-school and senior/disabled services, and protect supplies of clean drinking water from contamination. 2013 – Majority Vote
Added section 1204.1 to City Charter which approved the continued transfer of funds from the City water utility to the general fund as previously approved by city voters per the 1907, 1952, 1968 and 1977 ballot measures.
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History
To provide that City-owned electric and water utilities may each pay an amount to the City’s general fund which could be less than the current required 11.5% of gross operating revenues. This voter action rescinded the fixed annual payment of 11.5% from each public utility and created the current practice today of providing, in the form of a GFT, an amount not to exceed 11.5% of gross operating revenues of both the electric and water utilities.

November 8, 1977 – Majority Vote
Charter amendment to Section 1304(f), per ballot Measure A:
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November 2, 2021 – Majority Vote, Ballot Measure C
History
The City’s continuance of “…collecting in electric
rates and maintain the voter-approved fund transfer
(established 1968) and limited to 11.5% of gross
revenue, providing approximately $40,000,000
annually to the City of Riverside’s General Fund not
increasing tax or utility rates, until ended by voters.” 7 8
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2013 – Majority Vote, Ballot Measure C
Added Section 1204.2 to the Charter, Electric Utility Revenue History
The revenue of the electric public utility for each fiscal year shall be kept separate and apart from all other moneys of the City by deposit in the appropriate revenue fund and shall be used for the purposes and in the order set forth in Section 1204 and The revenue of the electric public utility for each fiscal year shall be kept separate and apart from all other moneys of the City by deposit in the appropriate revenue fund and shall be used for the purposes and in the order set forth in Section 1204 and for the annual payment by the electric utility into the general fund in twelve equal monthly installments during each fiscal year, an amount not to exceed 11.5 percent of the gross operating revenues, exclusive of surcharges, of the electric utility for the last fiscal year ended and reported upon by independent public auditors. The proceeds shall be used to maintain local general purposes as the City Council may by budget or other appropriation direct such as 9-1-1 response, fire, paramedic, police, street repairs, parks, senior services, homelessness and other general services. (Res. 23739 § 1(Att. A), 2021)
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• 1996: California voters passed Proposition 218, a constitutional amendment requiring taxes or property-related assessments, fees and charges to be approved by ballot measure with a two-thirds majority vote for “special taxes”, and at a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a
unanimous vote of the governing body, a majority vote is required for “general governmental purposes”.
• 2010: California voters passed Proposition 26 which provided that certain fees and charges must be approved by voters.

CALIFORNIA PROPOSITIONS AFFECTING THE GFT
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Proposition 218 (1996)
 Local Governments must obtain majority voter
approval for any new or increased general tax
 Voters may repeal or reduce any local tax,
assessment, fee or charge
 Local governments must put all assessments,
charges and fees to a vote of the people before
imposition or increase
 Benefit assessment must be calculated by the
benefit received by each parcel of real property
• Local governments prohibited from imposing fees
on property owners for services that are available to
the public at large (e.g., police and fire services)

CALIFORNIA PROPOSITIONS AFFECTING THE GFT
*Adapted from California Special Districts Association table titled, “Voter Initiatives Restricting Local Revenue”
Proposition 26 (2010)
 Redefined “Tax” to mean any
levy, charge or exaction of any
kind imposed by a local
government, except for seven
specifically defined exceptions
that are considered fees
 Fees and charges that do not fit
one of the seven exceptions
must receive voter approval
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LEGAL CHALLENGES TO THE GFT
November 2, 2021: City residents voted and approved the ballot Measure C. Prior to that election, a lawsuit was filed by Riversiders Against Increased Taxes, challenged the date of the Measure C election. That lawsuit is currently in Remedy Phase. • 2012: The Moreno v. Riverside case challenged
Riverside’s GFT imposed on the water utility.
• 2013: The parties settled the matter with terms
including the end of the water utility transfer,
and an agreement that the City refund $10M
to the water utility.
• 2018: The City was served
with a lawsuit titled Parada
et al. v. City of Riverside.
• 2021: The parties reached
a Conditional Settlement
Agreement
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Calculations are based on actual gross operating revenues with actuals through the end of each fiscal year as defined in Charter Section 1204.1 for the water utility and 1204.2 for the electric utility.2010: California voters passed Proposition 26 which provided that certain fees and charges must be approved by voters.

CURRENT CALCULATION OF THE GFT
Water Fund - General Fund Transfer for Fiscal Year
2022/23 from Fiscal Year 2021/22 activity
$72,201,111
Retail Sales, (Net of Uncollectibles)
Net of Changes in Billed Utility Accounts
Receivables (A/R) and Allowance for
Uncollectible A/R from prior year.
$551,495Plus Other Operating Revenue
(1,713,105)Excluding revenue from Surcharge area
Outside City
$71,039,502Total Gross Operating Revenue

11.5%Multiplied by the General Fund Transfer
Rate
$8,169,500Total Water fund General Transfer Amount
Electric Fund - General Fund Transfer for Fiscal Year 2022/23 from Fiscal Year 2021/22 activity
$334,737,543
Retail Sales, (Net of Uncollectibles)
Net of Changes in Billed Utility Accounts
Receivables (A/R) and Allowance for Uncollectible
A/R from prior year.
$32,245,109Plus Transmission Revenue
$1,068,016Plus Other Operating Revenue
$368,050,668Total Gross Operating Revenue

11.5%Multiplied by the General Fund Transfer Rate
$42,325,800Total Electric fund General Transfer Amount
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GFT USE
RecreationWaterPolice
Afterschool ProgramsElectricityFire
Senior ServicesParking Streets
Festivals & EventsPlanningParks & Trails
Library & MuseumsRefuse & SewerVoting & Civic Engagement And MoreCommunity Centers311
The GFT brings resources that are important to help maintain infrastructure, maintain safety, and improve the economy, quality of life and protect the environment.

City Services
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GFT IMPACT ON GENERAL FUND
The GFTProperty TaxSales Tax
General Fund’s three largest revenue sources are
of total General Fund revenues
over the past five fiscal years.
15% - 17%
The GFT accounted for
FY 2022/23, the GFT
provided approximately
$50.5M
to the General Fund
66%
of the General Fund’s
FY 2022/23 revenue.

GFT HELPS TO STABILIZE GENERAL FUND
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GENERAL FUND EXPENDITURE BUDGET
General Fund FY 2023/24 Adopted Budget
$ 256,744,172Personnel & Retirement
77,699,015Non-Personnel Operating Costs
1,301,613Minor Capital/Facilities Maintenance
28,878,510Debt Service
5,453,990Operating Contributions
$ 370,077,300Subtotal
(42,989,845)Charges to Others
$ 327,087,455General Fund Budget
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IMPACT OF A TOTAL GFT LOSS
• Revenue loss would be absorbed by
General Fund departments.
• Require reduction of public services &
internal support services.

On September 19, 2023, the City Council directed staff to place all future Water General Fund Transfer collections into a reserve account pending the outcome of litigation. As a result, the City will be required to reduce its total expenditure budget by approximately 2.6% in future fiscal years.

Water GFT provided
$8.2 M
to the General Fund
in FY 2022/23
Electric GFT provided
$42.3 M
to the General Fund
in FY 2022/23
~ 13%
of General Fund
revenues
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EXAMINATION OF ALTERNATIVES
Utility Users’
Tax
Ballot
Measure
Interim
Measure
Balanced
Approach
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Adopt a Balanced Approach model that consi ders the below to help address the issue of replacing potential revenue losses from the GFT.

BALANCED APPROACH
 Identify the need and establish a goal/target in financial and functional terms  Evaluate available capacity in existing revenue streams  Consider the value of Public-Private Partnership in the delivery of specific services  Prioritize initiatives that promote new development & economic growth  Leverage existing City assets/resources to stimulate local economic activity  Conduct a comprehensive review of City expenditures/programs to identify potential savings  Create a community engagement process
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20 Goal 5.3 – Enhance communication and collaboration with community members to improve transparency, build public trust and encourage shared decision-making.

Cross-Cutting Threads

STRATEGIC PLAN ALIGNMENT
Priority #5 – High Performing Government
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RECOMMENDATIONS
That the City Council:

1. Conduct a workshop on the General Fund Transfers;

2. Direct the City Manager regarding the options relating to the Water General Fund Transfer; and

3. Direct the City Manager regarding the options relating to the Electric General Fund Transfer.
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