A Superior Court judge on Wednesday ordered the city to change the title and wording of a June ballot measure that would increase and extend the city's Measure Z tax after a resident sued, arguing that the measure uses misleading language.
The city must change the title of the ballot measure from "City of Riverside Services Renewal Measure" to "City of Riverside Voter-Approved Transaction and Use Tax Renewal Measure."
Resident Jason Hunter filed a petition for a writ of mandate last month asking Judge Daniel Ottolia to order changes to both the ballot title and question for the measure, which the council voted to place on the ballot on March 3.
In a March 27 hearing, Ottolia ordered the city to make changes to the ballot measure's question, changing "continue maintaining" to "fund" and "requiring" to "subject to," so that the official language in the question reads, "To fund general local city services such as 911, fire, police response; preparing for wildfires; recruiting/retaining well-trained firefighters/paramedics; preventing crime; keeping public areas safe/clean; addressing homelessness; repairing potholes/roads; shall a measure renewing the existing City of Riverside voter-approved transaction and use (sales) tax at an updated 1 1⁄4¢ rate, providing approximately $106,000,000 annually until ended by voters, subject to audits, spending disclosure, all funds controlled locally, be adopted?"
Hunter requested a second hearing, and on April 1, Ottolia ordered the city to also change the ballot measure's title.
At the second hearing, Senior Deputy City Attorney Ruthann Salera argued that because the ballot title and summary were intended to be read together, the title is not misleading to voters.
Ottolia said Hunter's proposed title was "more accurate than [the city's]."
Hunter told the Gazette that the decision was a "major [victory] for Riverside's voters."
"The law requires ballot titles and summaries to not be false, misleading, nor partial to one side," Hunter said. "Riverside's City Attorney's Office and City Council were found to have violated that guarantee to the public. Their bait and switch game was not endorsed by the court, and for that we are thankful. It is disappointing that individual citizens, using their own resources, have to fight City Hall through lawsuits that now the public will have to pay for, in order to force them to be honest with their constituents."
Riverside voters approved Measure Z in 2016, a 1% sales tax set to expire in 2036.
The June 2 measure would increase the tax from 1% to 1.25% and extend it indefinitely.
Measure Z is structured as a general tax—not a special tax—meaning the tax money goes into the city's general fund, and not a special fund for emergency services.
Hunter alleged that because of this structure, much of Measure Z tax revenue has gone toward pension bonds and pay raises for city employees since 2016, and not toward emergency services, as the measure promised.
"Much of Measure Z was not used to fund [emergency] services in the first place or any services at all," the lawsuit stated. "Moreover, it is misleading to list a variety of services that will be funded by the new tax when there is no guarantee that the tax will be used for that purpose or any other service."
Measure Z currently generates more than $80 million per year—nearly twice its initial projections. However, current Measure Z funds are already fully committed through 2028, and the proposed increase would raise annual revenue to $106 million.
