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HomeMy WebLinkAbout24 - City's Response to State Budget ActionsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 24 August 11, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dennis Danner, Administrative Services Director (949) 644 -3123 or DDannero_NewportBeachCA.gov Homer Bludau, City Manager (949) 644 -3000 or HBludau(c)NewportBeachCA.gov SUBJECT: CITY'S RESPONSE TO STATE BUDGET ACTIONS ISSUE: What actions should the City take in response to the State's Budget adoption, the suspension of Proposition 1A and a borrowing of the City's property tax revenues for the 2009 -10 fiscal year? RECOMMENDATION: Staff recommends the City Council approve the use of Unappropriated General Fund Operating Reserves to mitigate the loss of property tax revenues for the 2009 -10 fiscal year due to the adoption of the State Budget and the suspension of Proposition 1A. DISCUSSION: The State Legislature passed with the necessary two- thirds vote in each house and the Governor signed a State Budget for the 2009 -10 fiscal year which included the suspension of Proposition 1A, and a borrowing in FY2009 -10 of about $1.9 billion from city, county and special district property tax revenues. The budget bill directs county auditors to reduce the 2009 -10 property tax allocations to cities, counties, and special districts by 8% of the total property tax revenues received by each agency in 2008 -09 (excluding debt levies). The base for this calculation includes all revenue allocated from the 1% tax rate (both secured and unsecured property taxes) to each local agency, including Vehicle License Fee in -lieu property tax payments and the "Triple -Flip" quarter -cent local sales tax in -lieu payments. However, the Triple -Flip payments for 2009 -10 will not be reduced - rather those amounts will come from other property tax allocations. The budget bill also provides for repayment of local agencies for the reductions, plus interest, by June 30, 2013, in accordance with the provisions of Proposition 1A of 2004 (Article 25.5 of the California Constitution). The one time City's Response to State Budget Actions August 11, 2009 Page 2 amount of property tax losses to the City of Newport Beach based on this action is $6,085,147. The legislation also includes provisions for securitization of the property tax losses to help local governments avoid actual reductions in revenues this year. A joint powers authority, the California Statewide Communities Development Authority (CSCDA), will issue notes backed by the State's repayment obligation and use the proceeds to replace the diverted property taxes of local agencies that choose to participate in the securitization. City staff recommends assigning $6.0 million from our Unappropriated General Fund Operating Reserves to fund FY 2009 -10 City operations to replace the property tax revenues that we will not receive in FY 2009 -10 due to the State's action on Proposition 1A. This is not an inconsequential action for several reasons — for the reduction of Operating Reserves from $11 million to $5 million could have a direct policy impact on at least one other aspect of the City's operations — specifically water purchases and distribution. As the Council is aware, the Finance Committee has discussed a series of options to address the anticipated large increase in water purchase costs (including increases in the price of imported water from the Metropolitan Water District and, in a related calculation, a reduction in the amount of groundwater from the Orange County Water District we can take next year). One option to keep the Water Enterprise Fund at its full funding level (including operations and maintenance, capital projects, and water purchases) was to provide a General Fund loan from unappropriated operating reserves to the water enterprise fund. Doing so would allow a more gradual repayment of the General Fund from increased water commodity and per meter charges to our ratepayers. This option is less viable with a reduced level of General Fund Operating Reserves, thus making a gradual rate increase more problematic when Council address water rate funding options. Environmental Review: Not applicable. Public Notice: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Funding Availability: The 2009 -10 City Budget includes approximately $11.0 million in Unappropriated General Fund Operating Reserves which can be used to replace, on a temporary basis, any loss of property tax revenues due to the adoption of the State Budget and the suspension of Proposition 1A. City's Response to State Budget Actions August 11, 2009 Page 3 Alternatives: There are two other viable options to address the temporary loss of property tax revenues due to the State actions: The City could choose to reduce General Fund operations for all or a portion of the property tax losses. This would require the City to reopen budget deliberations and direct the General Fund operating departments to reduce approved appropriation authority for any loss of property taxes. 2. As mentioned above, the legislation permitting the suspension of Proposition 1A also allows for the securitization of the property tax losses to help local governments avoid actual reductions in revenues this year. The City could choose to borrow the amount of lost property taxes. This would, however, require the payment of interest in an amount that would probably exceed the interest paid by the State on the borrowed property taxes. Prepared by: Prepared by,:: 4i - �p pw_ Dennis C. Danner Homer L. Bluvlau Administrative Services Director City Manager