Category Archives: Benicia City Council

Stephen Golub: Kudos to the Council on the Potential Transfer Tax

Benicia resident and author Stephen Golub, A Promised Land

By Stephen Golub,  June 18, 2024

On June 11, the City Council took the first step in a multi-stage process to put on the November ballot a vote on whether Benicia should adopt a Real Property Transfer Tax (RPTT) for the sale of real estate, be it residential, commercial or industrial.

Kudos to the Council for both biting the bullet on this significant step to close the City’s budget gap and conducting its discussion and initial community input in a collegial way. Thanks too to City Manager Mario Giuliani and the City staff for undertaking the grunt work to date (as summarized by a “Policy Direction” memo from Mr. Giuliani to the Council in preparation for the June 11 meeting, and for further figuring out over the next several weeks optimal options for the Council to consider regarding this potential tax.

If adopted, the transfer tax will levy a fee on the sale of real estate. Among the many matters the City staff and Council need to address are how high the fee should be. One figure being considered is one percent (i.e., $10 for every $1,000 in sales price, or $8,000 on an $800,000 house). As per the Policy Direction memo I mentioned, that $10 rate – which is actually lower than the $12  mean for many other Bay Area cities – would generate an additional $2.1million for the City annually at this point. Presumably, that figure would rise over the years as housing prices escalate.

Some initial thoughts on the matter:

  1. Pardon the cliché, but there’s still no such thing as a free lunch. As Mayor Steve Young, City Manager Giuliani and others have consistently pointed out, the City is taking multiple cost-saving and revenue enhancing steps toward putting our finances on stable footing going forward. But there’s still much to do if we want to keep Benicia the pretty, pleasant, enjoyable, safe, special place we love. With the building of new housing mandated by state law, a potential generational turnover in housing ownership due to our aging population and other conceivable developments coming down the pike, the transfer tax makes sense as big way of closing our budget gap.
  1. This need not affect most or any current Benicia residents at all in the near or medium terms or even permanently. For one thing, most of us won’t be selling our homes in the foreseeable future. Even more importantly, the City could mandate or at least strongly push for the tax to be paid by property buyers – rather than by sellers or by the two splitting the cost. (Admittedly, whether it could mandate who’d pay the tax was not clear from Tuesday’s discussion, but some sort of “Sense of the Council” suggestion might at least nudge realtors’ arrangements in the right direction.)
  1. This approach would ensure that buyers enjoying the pleasure of moving into our wonderful town would pay the additional price for doing so, rather than sellers – who may need to maximize their finances on the way out – bearing that burden. Plus, it’s an investment of sorts by the buyers: In paying that price, they would help ensure a balanced Benicia budget that enables it to provide services that in turn increase their property values over the years.
  1. The additional cost is relatively manageable. While I don’t want to dismiss the significance of a buyer taking on, say, an additional $8,000 of debt due to the RPTT, that works out to less than $50 per month for a 30-year, six percent loan. It’s not a deal-breaker, in other words, particularly given the overbidding that has come to characterize parts of Benicia’s housing market.
  1. I’m also plugging for the Council and realtors alike to push for the buyers to pay the tax because, frankly, it’s more politically palatable (as well as substantively sustainable) to point out to current residents that they won’t bear the burden of the RPTT.
  1. The Council discussed, and the staff will explore varying the transfer tax rates according to the size or nature of the transaction. Thus, hypothetically, the tax might be only $5 per $10,000 sale for lower-priced homes and $15 or more for more expensive houses, commercial properties and/or industrial concerns. This approach seems fairest in that it burdens lower priced transactions less. I want to emphasize the “hypothetical” here, however – this all remains to be sorted out in the process that will unfold.
  1. So what is that process? As I mentioned, in the next several weeks the staff will get back to the Council (and public) with further reporting on options for moving forward. On July 16, there will be another Council meeting on the transfer tax and on the crucial related matter of the City amending its Charter so as to allow the tax. On August 6, the Council may vote on whether to put the two related measures – the Charter change and the RPTT – on the November ballot; the deadline for ballot submissions is August 9.

I’m seeking to summarize a lot here; I’m unavoidably leaving out even more. For instance, there may well be all sorts of exceptions to the potential RPPT rule, including intra-family transfers, division of property in case of divorce, etc. For more on this matter, keep track of future messages from Mayor Young and City Manager Giuliani, as well as postings at the City site.

And spice up your summer by circling the July 16 and August 6 Council meetings on your calendar!

[Steve Golub also blogs about U.S. politics, international developments and lessons America can learn from other countries at his site, A Promised Land, apromisedland.org]


Elizabeth Patterson: Do you support sustainable development?

Elizabeth Patterson, Benicia Mayor 2007–2020.

By Elizabeth Patterson, first published in the Benicia Herald on May 17, 2024

What is sustainable development?

Sustainable development has become a popular planning expression used abundantly but often not understood. “Sustainable development meets the needs of the present without compromising the ability of future generations to meet their own needs” (Benicia General Plan, 1999).

Most of us get that we need to reduce greenhouse gases that drive climate change and increase climate instability; in short, stop adding carbon to the atmosphere.  The state has attempted to achieve this by adopting law to reduce vehicle miles traveled.  This makes sense because 40% of carbon is from transportation, and so far there are not enough electric vehicles to drive down the amount of carbon from transportation.

If you support sustainable development, it is helpful to ask questions about the City of Benicia’s projects and processes.  To what extent are the City’s decisions reducing greenhouse gases, or at least not increasing greenhouse gases?  Everything is connected – economics, public works, land use, recreation, culture – like bones in a skeleton – it all has to work together by connecting the dots.

The first dot is, fortunately, defined in the Benicia General Plan.  General Plans are the constitution of land-use planning.  Like the U.S. Constitution, one cannot just have an idea and expect to implement it without an assessment of its consistency with the General Plan and thus its “sustainability.”

It is not advice, it is the law.  Community development and sustainability are at the heart of the goals developed in the Benicia General Plan.  I have heard from time to time that the General Plan is old – it is – and out of date – not really.  Would a new, updated General Plan delete sustainable development?  Anything could happen I suppose – one needs to stay alert.

The second dot is that the Benicia General Plan is the principal policy document for guiding future conservation and development in the city. It reflects the community’s shared values and determination of what Benicia is and should continue to be ­– an uncommonly special place.  Just a quick read of the city-adopted Downtown Conservation Plan reveals how “uncommon” it is:

“The failure of the various attempts in the 19th century to transform Benicia into a major city has resulted in the retention of the scale and character of the historic downtown, which presents a rare view of the evolution of architecture from the mid-19th century to the 20th century in California.”

This means that one should not destroy the “evolution of architecture.”  Goals expressed by city officials at public meetings to be like American Canyon’s “hotel row” is not protecting the gem of the uncommon qualities of Benicia attracting residents, visitors, and businesses.

The third dot to connect is the public process.  You really ought to read about the public process involved developing the General Plan: start at page two here.  People were engaged, met together, received mailed surveys, and we even had help from University of California at Davis for outreach, especially to young people.

Want to know what young people wanted?  Check it out at the link. The General Plan is the outcome of a process which began with the General Plan Oversight Committee (GPOC) and the Work Program (1994–1997). It is a process in which the GPOC held more than one hundred meetings and, with public participation, identified the Goals, Policies, and Programs (GPPs) which are the heart of the General Plan.

The GPOC survey identified the following 10 issues receiving the highest level of support (69% or greater) as being important to the community:

    1. Feeling safe in residential areas at night
    2. Feeling safe Downtown at night [ed: this is before tree lights and mixed-use development in the early 2000s]
    3. Good public schools
    4. Balance growth to ensure maintaining Benicia’s quality of life
    5. Small town atmosphere
    6. Growth should maintain small-town character
    7. Citizens need a voice in growth decisions
    8. Attract businesses that sustain environmental quality
    9. Pedestrian-friendly streets in the Downtown and other commercial areas
    10. Library facilities

The fourth connecting dot is that while the City may decide to amend this plan, the primary position of the City will be to implement it as adopted. This will honor both the principle of stability and the extraordinary degree of community participation that went into the formation of the plan. In short, is the General Plan still in step with community values and conditions, to wit: sustainable development, reducing our carbon footprint for future generations’ quality of life?

The last dot to connect is the so-called Seeno project at Lake Herman Road and East Second.  If we are going to reduce vehicle-miles traveled, do we build the stuff that has been built over decades for car-centric development?  Or do we avoid business as usual and design and build projects that are walkable, clearly reducing the need for increasing vehicle miles travelled?

It is a simple question. Think of roads as bones.  The bones tell us how we move.

Remember Lucy, Australopithecus, discovery by Donald Johanson?  Lucy represents the transition from walking on four feet to walking on two feet by standing up.  Bones tell it all.

Well, the roads of development are exactly the same:  are we going to drive or walk?  The transportation  road design of any project will make that clear. Business as usual or taking the path for future generations to have a livable community and planet?

Here are three planning principles for walkability:

  1. Don’t cluster commercial development in one blob,
  2. Do integrated commercial in workplaces and near residential areas within walking distance, and
  3. Don’t build suburban sprawl.

Watch the decisions about projects and you will learn if we are meeting the vision of sustainable development.  God help us if we are not.

Elizabeth Patterson, MA Urban and Regional Planning
Mayor (2007-2020)

Bob Berman: I do not support the change to the time speakers have to address a City public body

[Note from BenIndy: Earlier today we posted a brief reminder of changes proposed to Benicia’s voluntary campaign ordinance and public engagement policies (after we posted a long-form description of changes last Thursday). Benicia resident and longtime activist Bob Berman has written Benicia City Council to protest the proposed changes, how they were presented in the agenda packet, and how they were noticed to the public. Folks who are struggling with what to write or call into the meeting tonight to say can use Bob’s letter as a launch-off point for their own public comment.]

Bob Berman.

By Bob Berman, May 3, 2024

Re: Council meeting agenda item 22.C – OPEN GOVERNMENT COMMISSION’S RECOMMENDATIONS TO COUNCIL

Dear Mayor and Councilmembers:

I am writing to you regarding the proposal to decrease the amount of time public speakers may address a City public body (City Council, Planning Commission, etc.) from 5 minutes to 3 minutes on your May 7, 2024 agenda. I urge you to reject this proposal.

Among the various staff recommendations to the City Council is the following:

3. Decrease the amount of time public speakers may address a City public body in open session from 5 minutes to 3 minutes.

Earlier this year the City’s Open Government Commission (OGC) was asked to review several staff recommendations regarding changes to the City’s campaign ordinance.

It is unclear to me why the issue of reducing the time for public comments (from five minutes to three minutes) is incorporated into the update of the campaign ordinances. Nevertheless, at its April 23rd meeting the OGC decided not to recommend any change to the time limits for public speakers to address a City body.

As each of you are surely aware Benicia residents are very engaged in the City’s public participation process in each of the various commissions, boards, and the City Council. For one who has provided public comments during Benicia hearings for more than 40 years I can attest to the fact it is often difficult to say everything you want to say within five minutes, and it would be even more difficult if speakers were limited to three minutes.

I am disappointed that this proposal is buried in the staff report and that the City has not provided more public notice of this, plus other proposed changes, to the City’s campaign ordinance.

I do not support the change to the time speakers have to address a City public body and urge the City Council to not approve this proposal.

Yours Truly,

Bob Berman


How to write and email a public comment

If you would like to make your opinion on the topic of the proposed revisions known to City Council, members of the public may provide public comment via email to the City Clerk by email at lwolfe@ci.benicia.ca.us. Any comment submitted to the City Clerk should indicate to which item of the agenda the comment relates. (THE PROPOSED REVISIONS ARE IN AGENDA ITEM 22.C – OPEN GOVERNMENT COMMISSION’S RECOMMENDATIONS TO COUNCIL (City Attorney’s Office).)

– Comments received by 2:00 pm on the day of the meeting will be electronically forwarded to the City Council and posted on the City’s website.

– Comments received after 2:00 pm, but before the start time of the meeting will be electronically forwarded to the City Council but will not be posted on the City’s website.

In your email, put the item number in your subject line (e.g., “Public comment re. Item 22.C”).

In your email body, share why you support or oppose the changes.

How to view the meeting and/or make a live public comment

You can participate in the meeting in one of four ways: 

1) Attend in person at Council Chambers
2) Cable T.V. Broadcast – Check with your cable provider for your local government broadcast channel.
3) Livestream online at www.ci.benicia.ca.us/agendas
4) Zoom Meeting (link below)

The public may view and participate (via computer or phone) link: https://us02web.zoom.us/j/88508047557?pwd=cHRsZlBrYlphU3pkODcycytmcFR2UT09
  • If prompted for a password, enter 449303.
  • Use participant option to “raise hand” during the public comment period for the item you wish to speak on. Please note, your electronic device must have microphone capability. Once unmuted, you will have up to 5 minutes to speak.
  • Dial in with phone:
    Before the start of the item you wish to comment on, call any of the numbers below. If one is busy, try the next one.

        • 1 669 900 9128
        • 1 346 248 7799
        • 1 253 215 8782
        • 1 646 558 8656
        • 1 301 715 8592
        • 1 312 626 6799

•  Enter the meeting ID number: 885 0804 7557 (*please note this is an updated ID number*.)

Say the item you wish to speak on. (AGAIN, THE PROPOSED CHANGES ARE IN ITEM 22.C.)

Once unmuted, you will have up to 5 minutes to speak.

Enter password: 449303

When prompted for a Participant ID, press #.

Press *9 on your phone to “raise your hand” when the Mayor calls for public comment.

Any member of the public who needs accommodations should email City Clerk Lisa Wolfe at lwolfe@ci.benicia.ca.us, who will use her best efforts to provide as much accessibility as possible while also maintaining public safety.

Tonight at 6pm: Be Heard on Public Participation in Benicia

[Note from BenIndy: Last Thursday we posted a long-form description of changes proposed to Benicia’s voluntary campaign limits cost and public participation policies. Here is a brief reminder of the details and the same information for how to show your support or opposition to the changes, should you wish to do so.]

BenIndy Editorial, May 7, 2024

Tonight at 6pm, the Benicia City Council will vote on proposed revisions to the city’s campaign ordinances and public engagement policies.

Some community members support these changes, particularly those that close loopholes in political practices. However, other revisions have been criticized for potentially restricting public involvement in governance.

Key contested proposals from city staff, opposed by Benicia’s Open Government Commission (OGC), include aligning the city’s response time for public records requests with state law, and reducing public speaking time at meetings from 5 minutes to 3 minutes.

The OGC, established in 2005 to improve government transparency and public participation, reviewed these proposals but declined to recommend the reduction in public speaking time, citing lack of evidence that it would enhance meeting efficiency.

Tonight’s Council meeting will be crucial in determining the balance between reducing staff burdens and maintaining robust public participation.


How to write and email a public comment

If you would like to make your opinion on the topic of the proposed revisions known to City Council, members of the public may provide public comment via email to the City Clerk by email at lwolfe@ci.benicia.ca.us. Any comment submitted to the City Clerk should indicate to which item of the agenda the comment relates. (THE PROPOSED REVISIONS ARE IN AGENDA ITEM 22.C – OPEN GOVERNMENT COMMISSION’S RECOMMENDATIONS TO COUNCIL (City Attorney’s Office).)

– Comments received by 2:00 pm on the day of the meeting will be electronically forwarded to the City Council and posted on the City’s website.

– Comments received after 2:00 pm, but before the start time of the meeting will be electronically forwarded to the City Council but will not be posted on the City’s website.

In your email, put the item number in your subject line (e.g., “Public comment re. Item 22.C”).

In your email body, share why you support or oppose the changes.

How to view the meeting and/or make a live public comment

You can participate in the meeting in one of four ways: 

1) Attend in person at Council Chambers
2) Cable T.V. Broadcast – Check with your cable provider for your local government broadcast channel.
3) Livestream online at www.ci.benicia.ca.us/agendas
4) Zoom Meeting (link below)

The public may view and participate (via computer or phone) link: https://us02web.zoom.us/j/88508047557?pwd=cHRsZlBrYlphU3pkODcycytmcFR2UT09
  • If prompted for a password, enter 449303.
  • Use participant option to “raise hand” during the public comment period for the item you wish to speak on. Please note, your electronic device must have microphone capability. Once unmuted, you will have up to 5 minutes to speak.
  • Dial in with phone:
    Before the start of the item you wish to comment on, call any of the numbers below. If one is busy, try the next one.

        • 1 669 900 9128
        • 1 346 248 7799
        • 1 253 215 8782
        • 1 646 558 8656
        • 1 301 715 8592
        • 1 312 626 6799

•  Enter the meeting ID number: 885 0804 7557 (*please note this is an updated ID number*.)

Say the item you wish to speak on. (AGAIN, THE PROPOSED CHANGES ARE IN ITEM 22.C.)

Once unmuted, you will have up to 5 minutes to speak.

Enter password: 449303

When prompted for a Participant ID, press #.

Press *9 on your phone to “raise your hand” when the Mayor calls for public comment.

Any member of the public who needs accommodations should email City Clerk Lisa Wolfe at lwolfe@ci.benicia.ca.us, who will use her best efforts to provide as much accessibility as possible while also maintaining public safety.