CHAPTER 9: LOCAL GOVERNMENT

Dillon's Rule

•  Local governments are 'creatures of the state' — they have no inherent powers; they can only exercise powers explicitly granted by the state constitution or legislature

Home Rule

Charter cities and counties have maximum local autonomy in self-governance; can go beyond state minimum standards; need not follow state government code for local matters

Charter city/county

 Has adopted its own governing charter; granted broader powers; more autonomy; examples: LA, San Francisco, San Diego

General law city/county

• Must strictly follow state legislature's local government code; less autonomy

County: Number

58 counties in California — one of the fewest per capita of any state

County: Governing body

Board of Supervisors — 5 elected members who exercise BOTH legislative AND executive powers

County: Powers

Both legislative (pass ordinances) and executive (oversee departments) — a combined function

County: Special case

San Francisco: consolidated city-county government (unique in CA)

County executive

Some counties have a Chief Administrative Officer (CAO) or Chief Executive Officer (CEO) appointed by Board

County Functions

• Administer state programs: social services, health, Medi-Cal, courts, jails, elections

• Local law enforcement in unincorporated areas (Sheriff)

• Maintain roads, airports, parks in unincorporated areas

• Property tax collection (county assessor, tax collector)

• Record keeping: birth, death, marriage records; property records

Local Agency Formation Commission (LAFCo)

• Each county has a LAFCo that reviews and approves proposals to create, expand, consolidate, or dissolve local agencies

• Goal: prevent urban sprawl, eliminate service duplication, ensure efficient local government

City: Number

~482 cities in California

City: Incorporation

City must petition LAFCo; majority voter approval in the area; state must approve

City: Dissolution

Very rare; requires voter approval

City: Revenue

Property tax, sales tax, fees, utility user taxes, transient occupancy (hotel) taxes; redevelopment (largely abolished)

Forms of city gov:

Mayor-Council (Strong Mayor)

Directly elected mayor has executive power; appoints department heads; veto power over council; used in large cities like San Francisco

Forms of city gov:

Mayor-Council (Weak Mayor)

Mayor is merely a presiding officer; council has most power; mayor has limited appointment/veto power

Form of city gov:

Council-Manager

Elected council makes policy; professional City Manager hired by council runs day-to-day operations; most common form in California; a Progressive-era reform

Form of city gov: Commission

Elected commissioners head departments; very rare today

Special districts

• Limited-purpose local governments created to provide specific services

• Most numerous type of local government in California — over 3,400 non-school districts

• Plus: 1,028 K-12 school districts and 72 community college districts

• Examples: water districts, fire protection districts, mosquito abatement districts, transit districts, cemetery districts

How Special Districts Are Created

• Petition by property owners or voters in area

• LAFCo review and approval

• Voter approval (usually required)

Advantages and Disadvantages

Focus on specific service	Too numerous — hard to track accountability
Service areas not limited by city/county boundaries	Overlapping jurisdictions create confusion
Efficient for some specialized services	Many governed by appointed boards — low voter awareness
Allows different service levels in different areas	Can resist consolidation for efficiency

Regulatory Regional Governments

Air Quality Management Districts (AQMDs); Regional Water Quality Control Boards; Bay Area Air Quality Management District (BAAQMD) — have real enforcement authority

Advisory Regional Governments

Metropolitan Planning Organizations (MPOs); COGs (Councils of Governments) — coordinate planning but can't enforce; Southern California Association of Governments (SCAG)