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Benicia council to place limited charter question on Nov. 5 ballot to enable transfer tax
Summary
Council voted to place Measure G, a narrowly drawn charter question that would allow Benicia to enact a real property transfer tax only if voters approve the companion Measure H. Staff said the measures are separate because of the California single-subject rule.
The Benicia City Council voted unanimously to place a limited charter question (Measure G) on the Nov. 5, 2024 ballot that would enable the city to enact a real property transfer tax only if voters later approve the companion tax measure.
City Manager Giuliani told the council the charter question was drafted for the sole and limited purpose of allowing the city the authority to place a real property transfer tax before voters. Giuliani read the proposed question verbatim and said the charter would "only be amended with voter approval for the limited and sole purpose of allowing voters to consider enacting a real property transfer tax." He explained that staff explored combining the charter and tax into one question but determined that would violate the California Constitution's single-subject rule, so two companion measures are required.
Giuliani said the charter question and the transfer-tax question are complementary: Measure G would create the limited authority while Measure H would be the enactment of the transfer tax; if voters approve Measure H but reject Measure G, the tax could not be implemented. The council moved, seconded and voted to place the charter question on the Nov. 5 ballot.
The council did not receive substantive public comment during the charter item. Staff said they will prepare voter information and arguments to explain why the two measures are presented separately.
