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Benicia is doing its best to close the at least $7.5 million annual resource gap left by the Valero Refinery closing. It’s doing so through budget cuts, operational reorganization and selective revenue generation. In addition, state housing mandates, the conversion of the Refinery property, inflation and emerging challenges (such as rising water levels due to climate change) will stretch police, fire, recreation, infrastructure and other city services.
Which is all a way of saying: Benicia needs additional annual revenues.Ballot Measures X, Y and Z, which we’re voting on this November 3 (or even sooner, if you wish), provide a way of raising such badly needed funds at no cost to most of us.
For a solid, relatively comprehensive explanation of why these measures are necessary, please go to the Building Benicia’s Future site, at beniciasfuture.org. In the meantime, I’ll take a shorter stab at that here.
The point of these items is not only about the present. It’s mainly to pave the way for the future: for Benicia’s kids, grandkids and families to live in a surviving, thriving city, as fine as or even better than what we have now.
Here’s how these measures will help if passed, starting with the most significant one…
Measure Z: A Reasonable Real Property Transfer Tax
Measure Z proposes a real property transfer tax for residential, commercial and industrial sites. THE MEASURE Z TRANSFER TAX APPLIES TO ALMOST NO EXISTING HOMES AND RESIDENTS.NOW AND IN THE FUTURE, THERE WILL BE NO TRANSFER TAX ON ANY CURRENTLY EXISTING HOME UNDER MEASURE Z IF THE HOME IS SOLD FOR UNDER $2 MILLION. THE TAX ALSO DOES NOT APPLY TO SALES OR OTHER TRANSFERS WITHIN FAMILIES, including between parents and children, grandparents and grandchildren, siblings, spouses and domestic partners. Certain affordable housing is also exempted.
So, what does Measure Z apply to? Well, for instance, if Measure Z were already in place late last year, Benicia would have pocketed a tax of $1,160,000 when commercial developers Blue Rise Ventures and DRA Advisors paid $145 million for a dozen buildings covering about 15 percent of Benicia’s industrial park. With the possibility that these or other investors could buy other parts of that area, such sales could benefit the city’s coffers considerably in the future if Measure Z is approved.
What’s more, in coming years much or all of the 900-acre Valero refinery site will be sold for industrial, commercial and housing development purposes, at a conceivable cumulative (though admittedly speculative) cost of $1 billion or more. That would mean many millions of dollars for the city. It’s noteworthy that Signature Development Group, the firm commissioned by Valero to sell the property, does not object to Measure Z (or associated Measure Y – more on that below).
Putting aside these huge projects, where does a typical Benician simply selling a private home figure in all this? Almost all of us are off the hook for any transfer tax. As I’ve emphasized, unless you sell a currently existing home for $2 million or more, you never pay the tax on that existing home.
In addition to commercial and industrial properties, the tax mainly applies to new houses built in 2027 or later. That is, if you or a developer sells a house that is built in 2027 or later, the tax is $4, $6 or $8 per $1,000, depending on whether the price is under $2,000,000, from $2,000,000 to $9,999,999, or $10,000,000 or more.
Thus, with several thousand houses due to be built in Benicia in coming years, the transfer taxes from residential sales would nicely complement the transfer taxes on commercial and industrial transfers.
Measure Y: A Necessary, Limited Charter City Status
Measure Y is the necessary companion to Measure Z. It allows Benicia to become a “limited Charter City,” which means a change in its legal status only for the purpose of increasing its real property transfer tax. Due to state law, that tax is currently capped at $0.55 per $1,000. We can’t increase that figure from $0.55 to the proposed $4-8 per $1,000 proposed under Measure Z unless Measure Y also passes and Benicia thus becomes a limited Charter City. Hence the necessity of voting “Yes” for both proposed measures.
The Opposition: Some Questionable Claims
Certain folks oppose Measures Y and Z. Perhaps you’ve noticed their signs in selected places around town. I’m sure they are sincere in their stance.
Furthermore, I dislike taxes as much as the next guy: As a self-employed person throughout my career, I did not relish the thought of having paid double social security taxes every year.
However, with all due respect, it seems to me that these opponents’ main anti-Y/Z arguments actually undercut their case. Their points are technically true but incomplete and to my mind misleading. That in turn makes me doubt the overall thrust of their contentions.
I’ll accordingly quote and briefly rebut a few of their officially stated claims (as found at the city’s Voting and Election Information site that presents arguments both for and against these two measures):
Opponents’ Claim: “If Measure Y passes, the City can seek to change the charter at any time.”
The Reality: The city government can’t change the charter on its own. Any expansion of the limited charter would require a whole new measure and a whole new vote by Benicians. This would simply be democracy in action.
What’s more, the city has indicated no intention at all to seek to change the proposed limited charter down the line. Measure Y is only for the purposes of instituting a real property transfer tax. Period. It involves nothing else.
The only thing Measure Y opens the door to, then, is badly needed revenues.
Opponents’ Claim: Once Measure Z passes, City Hall can seek to reduce or eliminate that exemption [for homes selling for up to $2 million].”
The Reality: Again, any reduction or elimination in the $2 million floor for the tax would have to be via a future ballot measure that all of us could vote on.
In addition, any city council member who even proposed such a change could lose their next race and otherwise be ostracized, plus the measure could and almost certainly would be voted down. Again, this is all subject to democracy in action.
Opponents’ Claim: “All three California cities that filed bankruptcy — San Bernardino, Stockton, and Vallejo — were charter cities.”
The Reality: There are 25 cities in the Bay Area alone that are charter cities; only one of them (Vallejo) went bankrupt – due to reasons other than its charter status. And as of 2024, roughly a quarter of California cities are Charter Cities. Many have transfer taxes higher than Measure Z proposes for Benicia. This tax is not the kiss of financial death by any means.
Again, Benicia is not even seeking full charter status. Instead, Measure Y proposes just limited status for the sole purpose of transfer tax revenues.
Opponents’ Claim: “Measure Z would raise [only] $230,000 a year.”
The Reality: The point about Measure Z is not what it yields in the next few years (though it could well be higher than $230,000 per year), but that it sets up Benicia for raising millions of dollars down the line, as various housing, commercial and industrial developments take place that in turn trigger increasing transfer taxes.
Measures Z (and Y) are mainly about fueling a future in which Benicia survives and thrives, not about the past or even the present. Let’s also bear in mind the $1,160,000 that Benicia in effect forfeited from the industrial park sale by virtue of not having the Measure Z transfer tax in place a year ago.
Measure X: Modernizing Our Antiquated Business Tax
Measure X modernizes Benicia’s antiquated business licenses tax structure by, among other things, eliminating taxes for any business (be it a home, office or commercial establishment) making less than $100,000 annually. It also helps the city catch up with many years of inflation. The city council approved it unanimously as a ballot measure.
The upshot is that about 1,900 local businesses will no longer be subject to the tax, with over an additional 2,200 either paying less or no tax during the first year after Measure X is enacted.
For larger enterprises, the tax will be capped at $1,500 per year initially (with the rates of $0.25 to $1.25 per $1,000 in gross receipts, depending on the nature of the business). The rates then increase 10 percent per year up to a maximum of $25,000 annually.
Bear in mind, too, that the maximum would apply only to businesses far larger than the typical Benicia establishment.
A significant additional source of revenue under Measure X will be a separate tax of $3 per $100 on receipts for the Benicia Marine Terminal’s (largely auto-based) business.
The Bottom Line: Vote Yes on X, Y and Z
Benicia faces a big fiscal hole of at least $7.5 million per year, which it is addressing through a combination of budget cuts, operational reorganization and enhanced revenues. In addition, as new residential, commercial and industrial developments are built, police, fire, recreational and infrastructure needs will expand.
We accordingly need to approve additional revenue streams, not just for today but for many tomorrows down the line. Some such streams (as in Measures Y and Z) will impose no cost on the vast majority of us. Others (as in Measure X) are simply reasonable attempts to catch up with inflation and replace an antiquated business tax structure; they even eliminate or decrease taxes on some of us.
In a sense, then, the case for these steps is as simple as a, b, c. So…
Benicia Planning Commission is considering banning large-scale data centers and limiting smaller ones under the industrial zoning code.
Aerial view of a large data center campus in Hutto, Texas, with three massive buildings with 400m square feet of space and 600 MW power capacity. Adobe
As Benicia prepares for waves of development following the closure of the Valero Refinery, city officials will consider banning large-scale data centers and limiting smaller ones.
“Right now, if a data center wanted to come into our industrial park, they would be allowed ‘by right,’” City Manager Mario Giuliani told The Benicia Bridge.
The Benicia Planning Commission will hold a public hearing Thursday and plans to vote that evening on recommended changes to the zoning code to add specific language regulating data centers. The City Council will have final say before any zoning changes are adopted.
Cities across the country – from Coachella to Corpus Christi – are adopting moratoriums or outright bans on large-scale data centers in response to public outcry over centers’ heavy resource use.
Excerpt posted from The Benicia Bridge Excellent reporting from Benicia’s newest award-winning journalism duo, Monica Vaughan and Laura López González. Learn more and subscribe to the newsletter here.
[Editor: Great news! As far back as 2014, I reported on Benicians petitioning the Air Board to share refinery fines with the communities harmed by the toxic violations. The Air District’s $40 million grants go to show the importance of never giving up! Thanks to Mayor Young and the current Air District Board; and thanks to all who raised awareness by organizing to pass Benicia’s Industrial Safety Ordinance; and thanks to former Mayor Elizabeth Patterson and others who saw the future and pressed for this important Air District accountability and sharing. Following are three reports from local news outlets. – R.S.]
The Vallejo Sun: Bay Area Air District announces $40M in funding for city of Benicia, school district
The grant was awarded from a record $82 million fine against the Valero Refining Company in 2024.
Bay Area Air District Executive Officer Phillip M. Fine announces a $40 million grant award to Benicia at the Benicia Community Center. Photo by Gretchen Smail.
BENICIA – The Bay Area Air District announced $40 million in grant funding for the city of Benicia and the Benicia Unified School District at a press conference on Thursday morning at the Benicia Community Center.
The funds were awarded to the city and the school district from an $82 million fine levied on the Valero Refining Company in 2024 for nearly two decades of toxic emissions releases in Benicia that exceeded legal limits. It’s still the largest penalty ever assessed by the air district.
“This is the first award that the air district is making under our groundbreaking policy that ensures that penalty funds from air quality violations go back into the community where they can have a meaningful local benefit,” said Bay Area Air District Executive Officer Philip Fine. “The City of Benicia and Benicia Unified… […continued…]
The Benicia Bridge: City of Benicia awarded ‘groundbreaking’ $30 million in Valero settlement money for just economic transition and clean air projects
(Left to right) Benicia School Superintendent Chris Calabrese, Benicia Mayor Steve Young, and Bay Area Air District Executive Officer Dr. Philip Fine look on as City Manager Mario Giuliani addresses a crowd of residents and journalists at Thursday’s announcement. Monica Vaughan
Benicia Unified School District was awarded $10 million of Valero settlement funds from the Bay Area Air District Wednesday for clean air projects, part of a new grant process to redistribute money from air quality fines to impacted communities. […continued…]
Vallejo Times-Herald: Bay Area Air District invests $40 million in Benicia
Air District reinvests penalties from air quality violations into various projects
Benicia City Manager Mario Giuliani talks about how a 40 million dollar grant from the Bay Area Air District, as a result of Valero air quality penalty funds, will help the City of Benicia and the school district during a press conference at the Benicia Community Center on Thursday. (Chris Riley/Times-Herald)
The Bay Area Air District announced Thursday it is investing $40 million in Benicia, including $30 million for the city and $10 million for the Benicia Unified School District to support projects aimed at improving air quality, public health and community resilience.
The Benicia Catalyst grants are the first round of awards in the Catalyst grant category of the Local Community Benefits Fund. The Air District adopted the Community Benefits Fund Policy in 2024 to reinvest penalties from air quality violations into impacted communities.
“This is a significant investment by the Air District in the future of Benicia, and it comes at a consequential time in our history as the city prepares for the economic and operational impact associated with the closure of the Valero refinery,” said Benicia Mayor Steve Young. “It’s especially meaningful and appropriate… […continued]
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