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HomeMy WebLinkAboutSR+Calling+the+District+Use+Tax+Election+6.13.24+Rev+VC+6.6CITY OF PALM DESERT STAFF REPORT MEETING DATE: June 23, 2022 PREPARED BY: Veronica Chavez, Director of Finance REQUEST: RESOLUTIONS TO PLACE A MEASURE ON THE NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION BALLOT TO ESTABLISH A ONE CENT (1¢) CITY TRANSACTIONS AND USE TAX, CONSOLIDATE WITH THE STATEWIDE GENERAL ELECTION, SET THE DEADLINES AND RULES FOR ARGUMENTS, AND PRIORITIZE USE OF RELATED TAX REVENUES RECOMMENDATION: 1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CALLING FOR THE PLACEMENT OF A GENERAL TAX MEASURE ON THE BALLOT FOR THE NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF AN ORDINANCE TO ENACT A GENERAL TRANSACTIONS AND USE TAX (SALES TAX) AT THE RATE OF ONE CENT (1¢).” 2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE.” 3. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR THE FILING OF PRIMARY AND REBUTTAL ARGUMENTS AND SETTING RULES FOR THE FILING OF WRITTEN ARGUMENTS REGARDING A CITY MEASURE TO BE SUBMITTED AT THE NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION.” 4. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA EXPRESSING ITS INTENT TO PRIORITIZE SPENDING OF TRANSACTIONS AND USE (SALES) TAX REVENUE FOR FIRE PREVENTION, PUBLIC SAFETY, PARKS, LIBRARY AND INFRASTRUCTURE PURPOSES. 5. Determine whether the City Council desires to designate any of its members to file Primary Argument(s) for or against the ballot measure. BACKGROUND: The City of Palm Desert provides a variety of general municipal services, including fire, police, and emergency 911 medical response; after-school programming for youth; senior and library services; parks maintenance; homelessness response, and other general maintenance a nd services. In recent years, the City’s ability to maintain these services has become more City of Palm Desert November 5, 2024, General Municipal Election Page 2 of 6 challenging due to operating costs rising at a faster pace than revenues. Based on current projections, unless a new revenue source is identified, the City faces significant budget deficits and potentially substantial service reductions. The City’s infrastructure - things like traffic signals, community centers, fire stations, and streets - require larger investments in order to maintain them at current standards. The City of Palm Desert contracts with the County of Riverside for public safety services. According to financial projections, in order to maintain current service levels and call response times, additional investments in capital and to pay increasing ongoing costs will be required. Adding to these general increases in costs are post -pandemic economic factors including minimum wage requirements and supply chain issues. In recent years, the City has made several service and operations reductions to remedy shortfalls and has been diligent about financial planning to maintain City finances and continuity in service to the community. These measures included freezing positions, concession bargaining with employee groups, seeking grant funding for capital replace ment and projects, deferring and extending capital replacement and maintenance, and bundling work to achieve economies of scale. However, these strategies alone are not sufficient to maintain our community’s current level of service. ISSUES/ANALYSIS Five-year financial projections for the City’s General Fund have been presented to the City Council during the annual budget and mid-year budget processes. The financial model forecasts revenue and expenditures based on several known factors. For expenditures, the model assumes a status quo staffing and service model and factors in contractual obligations, existing obligations, approved salaries and benefits increases, actuarially-determined contributions to CalPERS for the City’s Unfunded Accrued Liability (UAL), and a marginal and steady rise in maintenance and operational costs to account for customary inflation. The financial model assumes a smoothed, standard growth trend in revenues, factoring in new revenues from entitled development and other reasonable assumptions. As shown below, expenditure growth is expected to outpace revenue increases in the forecast model, given the assumptions discussed. City of Palm Desert November 5, 2024, General Municipal Election Page 3 of 6 As soon as the Fiscal Year (FY) 2024-25 budget adoption, the financial forecast model shows that the City’s estimated expenditures for annual operational costs will outpace estimated revenues almost immediately, and by FY 2027-28, the City’s unassigned fund balance will be in a deficit position. Absent additional revenues or a reduction in services to the community, or a combination of both, the General Fund deficit will continue to grow each year. The financial forecast below indicates that the addition of revenues from a one -cent sales tax can maintain the current service levels and, following completion of all CIP plans, will continue to meet its reserve requirement the year after the five -year forecast model. $0 $20,000,000 $40,000,000 $60,000,000 $80,000,000 $100,000,000 $120,000,000 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Estimated Revenue Estimated Expenditures FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Beginning Fund Balance 120,916,512 102,251,178 76,047,863 49,313,480 14,028,320 Revenues (including Library)83,446,318 83,222,877 86,468,569 90,791,998 95,331,598 Expenditures 83,245,839 83,792,012 98,202,952 105,077,158 112,432,560 Surplus (Deficit)200,479 (569,135) (11,734,383) (14,285,161) (17,100,962) Ending Fund Balance 121,116,991 101,682,043 64,313,480 35,028,320 (3,072,642) Addtl Anticipated Appropriations CIP (Park, Library, Storm Drains, Fire Station)15,537,911 24,050,000 15,000,000 21,000,000 15,000,000 Operations (Library, LMS, ERP, Public Safety, Public Works)3,327,902 1,584,180 Total Required Appropriation 18,865,813 25,634,180 15,000,000 21,000,000 15,000,000 Remaining Fund Balance 102,251,178 76,047,863 49,313,480 14,028,320 (18,072,642) Reserve Non-Spendable 3,045,978 2,709,978 2,525,978 2,333,978 2,403,997 Assigned (Operating)18,254,560 17,362,016 18,682,701 20,098,995 21,617,684 Committed (Emergency)16,689,264 16,644,575 17,293,714 18,158,400 19,066,320 Committed (Fac/CIP/Other/Equip)36,497,224 21,639,471 25,046,209 20,272,844 23,533,639 Committed (Emplmt Benefits)10,434,732 10,747,773 11,070,207 11,402,313 11,744,382 Required Reserve 84,921,757 69,103,813 74,618,808 72,266,529 78,366,022 Unassigned Fund Balance 17,329,421 6,944,050 (25,305,328) (58,238,210) (96,438,664) City of Palm Desert November 5, 2024, General Municipal Election Page 4 of 6 Transactions (Sales) and Use Tax Revenues from the current 7.75% sales tax in Palm Desert is currently divided between the State, County and City. All revenues from a 1% City sales tax measure will not be shared with the State or County and will remain in Palm Desert to benefit our community directly. Another feature of a sales tax in the City is that visitors pay the tax as well as residents to pay the cost of providing services to the community. Current purchasing data reflects that 70% of all purchases made in Palm Desert are made by non -residents. To address the financial constraints now facing Palm Desert, it is Staff’s recommen dation that the City Council take action to adopt a resolution to place a general sales tax measure on the ballot for the November 5, 2024 General Election. A five-year spending plan has be developed by staff based on the priorities expressed by City Council and Palm Desert Residents during the 2024 Budget Outreach Sessions. The list is grouped by category type, and in no particular order. FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Beginning Fund Balance 120,916,512 102,251,178 76,047,863 74,477,990 65,061,946 Revenues (including Library)83,446,318 83,222,877 86,468,569 90,791,998 95,331,598 1 cent sales tax 25,164,510 25,869,116 26,515,844 Expenditures 83,245,839 83,792,012 98,202,952 105,077,158 112,432,560 Surplus (Deficit)200,479 (569,135) 13,430,127 11,583,955 9,414,882 Ending Fund Balance 121,116,991 101,682,043 89,477,990 86,061,946 74,476,828 Addtl Anticipated Appropriations CIP (Park, Library, Storm Drains, Fire Station)15,537,911 24,050,000 15,000,000 21,000,000 15,000,000 Operations (Library, LMS, ERP, Public Safety, Public Works)3,327,902 1,584,180 Total Required Appropriation 18,865,813 25,634,180 15,000,000 21,000,000 15,000,000 Remaining Fund Balance 102,251,178 76,047,863 74,477,990 65,061,946 59,476,828 Reserve Non-Spendable 3,045,978 2,709,978 2,525,978 2,333,978 2,403,997 Assigned (Operating)18,254,560 17,362,016 18,682,701 20,098,995 21,617,684 Committed (Emergency)16,689,264 16,644,575 17,293,714 18,158,400 19,066,320 Committed (Fac/CIP/Other/Equip)36,497,224 21,639,471 25,046,209 20,272,844 23,533,639 Committed (Emplmt Benefits)10,434,732 10,747,773 11,070,207 11,402,313 11,744,382 Required Reserve 84,921,757 69,103,813 74,618,808 72,266,529 78,366,022 Unassigned Fund Balance 17,329,421 6,944,050 (140,818) (7,204,584) (18,889,194) Category FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 Total 5-Yr Plan 1 cent sales tax 25,164,510 25,869,116 26,515,844 27,311,320 104,860,790 Current Planned Costs New Fire Services Staffing Public Safety 900,000 10,657,440 10,971,472 11,232,818 11,496,338 45,258,067 Fire Station 33 Renovation/Temp Site Public Safety 1,200,000 1,200,000 Fire Station 71 Renovation/Temp Site Public Safety 1,200,000 1,200,000 New Police Services Staffing Public Safety 1,300,000 1,352,000 1,406,080 2,812,160 2,924,646 9,794,886 Storm Channel and Retention Basin Imps Infrastructure/H&S 5,508,000 8,000,000 5,000,000 18,508,000 City-Wide Facility and Equipment Replacement Infrastructure/H&S 8,397,001 9,944,665 7,798,734 12,865,305 9,264,802 48,270,506 New Public Works Staffing Public Works 360,000 370,800 381,924 786,763 810,366 2,709,854 Library Construction ($20M Pd from Bonds)Community Amenity 10,000,000 10,000,000 North Sphere Regional Park Community Amenity 15,000,000 15,000,000 30,000,000 Spending Contingency/Reserve Replenishment Fiscal Discipline/Responsibility 2,815,167 2,815,167 Total Planned Costs 16,465,001 32,724,905 40,558,210 52,697,046 27,311,319 169,756,480 Additional Amount needed from Reserve or Other Source (16,465,001) (7,560,395) (14,689,094) (26,181,202) 0 (64,895,690) *Annual allocations are subject to City Council approval through the annual budget process. PALM DESERT TRANSACTION AND USE TAX - 5 YEAR SPENDING PLAN AND PRIORITIES City of Palm Desert November 5, 2024, General Municipal Election Page 5 of 6 The measure would ask voters the following ballot question regarding a one -cent sales tax. Placing the measure on the ballot will give the City’s voters the opportunity to decide the level of service the City provides. “CITY OF PALM DESERT SALES TAX MEASURE. To maintain Palm Desert’s long disclosures, funds locally controlled, be adopted?” Tax Measure Process The City Council does not have the authority to establish or raise taxes, only to put a measure on the ballot for voter consideration. In order to place a tax measure on the November 5, 2024 ballot, the City Council must approve the submission of the measure to the voters by a 2/3 vote of the City Council (at least four affirmative votes). The Resolution also includes the specific language for the ballot question that will be presented to voters as required by the Elections Code. If approved by the City Council and adopted by a majority of the electorate, the tax would be effective no sooner than the first day of the first calendar quarte r, commencing more than 110 days after the adoption of the ordinance by the voters. Therefore, the tax would be effective no sooner than April 1, 2025. Ballot Measure Deadlines Below are the major deadlines associated with submitting a ballot measure for the November 2024 Election:  July 11: Last regular meeting to submit ballot measures.  August 9: Last day to submit ballot measures to the Registrar of Voters.  August 19: Deadline to receive the City Attorney’s impartial analysis and arguments for or against the measure.  August 29: Deadline to receive rebuttal arguments for or against the measure.  November 5: Election Day Calling the Election Three resolutions are necessary to facilitate the addition of a ballot measure to the General Municipal Election: 1. Calling the Election: This resolution calls for the holding of the election; directs the City Clerk to give further notice as provided for in the California Elections Code and provides for the City Clerk to coordinate with the Registrar of Voters to procure and furnish all supplies and equipment necessary to conduct the election. 2. Requesting County Services: This resolution requests that the Riverside County Board of Supervisors consolidate the General Municipal Election with the Statewide General Election City of Palm Desert November 5, 2024, General Municipal Election Page 6 of 6 held on the same date and authorizes the Registrar of Voters to canvass the returns. 3. Primary and Rebuttal Arguments: This resolution establishes a process for which the City Clerk will select primary and rebuttal arguments. The City Council may designate the City Council, or any of its members, to prepare, submit, or sign the primary argument. If the City Council elects to author the primary argument itself, it may select a City Council Ad Hoc Committee to write the primary argument and provide for each member to be a signatory. The author, or a majority of authors, of the primary argument may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. FINANCIAL IMPACT: If approved by voters in November 2024, a one -cent sales tax would take effect on taxable transactions in the City as early as April 1, 2025. While a precise estimate of the revenue generation cannot be made, the City’s sales tax consultant estimates that a one -cent sales tax would generate approximately $25,000,000 annually. These funds would be locally generated and therefore could not be taken by the State or County. In addition, they would enable the City to invest in services and infrastructure for the community. A five-year spending plan has been developed by staff with the immediate priorities identified and is included in the Resolution Establishing the Intent to Prioritize Spending. The Registrar of Voters provided an estimated costs of $33,000 per ballot measure added to the November 2024 General Municipal Election. There is sufficient money set aside in the City Clerk’s budget to pay these costs. In addition, under the Revenue and Taxation Code section 7272, the California Department of Tax and Fee Administration (CDTFA) will assess the City for preparatory charges to administer the new local sales tax based on actual costs. The statutory maximum amount of these costs shall not exceed $175,000. Additionally, CDTFA will assess an annual fee (typically less than 1%) for collection of the tax. ATTACHMENTS: 1. Resolution: Call for Sales Tax Measure to be Placed on the November 2024 Ballot 2. Resolution: Consolidation Request 3. Resolution: Primary and Rebuttal Arguments 4. Resolution: Establishing Priorities and Spending Plan