Background
The City is currently a general law city which means the powers of the City are governed by the general laws established by the State Legislature or enacted by voter initiative. Charter cities, on the other hand, are specifically authorized by the State Constitution to govern themselves as to those matters deemed “municipal affairs”. In contrast, state law applies to charter cities for matters of “statewide concern”. Whether a given activity is a municipal affair, over which a charter city has sole authority, or of statewide concern, over which the State legislature has authority, is an issue for the State judicial system to decide based on the facts and circumstances of each case. Generally, a matter is of statewide concern rather than a municipal affair when its impact is primarily regional. A general law city may elect to become a charter city by following statutory procedures and may limit the scope of matters the charter governs.
Proposal
If approved, Measure Y asks voters to adopt the City of Benicia Charter (“Charter”) which will allow the City of Benicia (“City”) to exercise the authority over municipal affairs granted to charter cities by the California Constitution. The proposed Charter specifically limits the City’s new power over municipal affairs solely with respect to the power to enact a system for the imposition, levy and collection of a tax on the conveyance of real property. Accordingly, the proposed Charter allows the City to enact a Real Property Transfer Tax Ordinance (“Measure Z”), the proceeds of which will fund City services.
Source: Impartial Analysis of Measure Y