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Information
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City Government
Functions of City Government
Intergovernmental Cooperation
Galt
Quotes
and Governance
City governments are responsible for providing services which directly
affect the lives of their residents. Through fire and police
protection, cities safeguard lives and property. They also construct
and maintain streets, provide facilities for sewage, storm drainage,
and waste disposal, and look after health, recreational and social
needs. Most cities provide water; some provide public transportation
systems; a few manage municipal utilities such as electricity or
natural gas. City planning and zoning determine land use compatible
with community economic, environmental, and cultural goals.
What powers do cities have? Where do they get these powers?
(Home)
|To carry out the functions of local government, cities are
granted powers by the state. City governments may legislate to protect
the health, safety, and welfare of their people, provided that these
regulations are not in conflict with state or federal law. They may
generate revenue by levying taxes, by license and service fees, and by
borrowing. They may employ needed personnel. They may condemn property
for public use.
While their powers are derived from the state constitution and
from laws enacted by the legislature, cities themselves are created
only by the request and consent of the residents in a given area.
Communities may incorporate as cities for many reasons--to control
population growth and development, to gain local control of tax money,
to provide services, to promote special interests, to solve specific
problems, to provide a more responsive unit of government or to prevent
annexation to adjoining cities.
All 468 California cities are municipal corporations. Their
formation is provided for in the state constitution, and they fall into
three categories: general law cities (more than four out of five cities
in California), charter cities, and one consolidated city and county
(San Francisco).
General law cities derive their powers from and organize their
governments according to acts of the legislature. The fundamental law
of these cities is found in the state Government Code, which enumerates
their powers and specifies their structure. Charter cities are formed
when citizens specifically frame and adopt a charter or document to
establish the organization and basic law of the city. The constitution
guarantees to these charter cities a large measure of "home rule,"
granting to them, independent of the legislature, direct control over
local affairs. There are 83 charter cities in California.
The basic difference between general law and charter cities is
found in the degree of control which the state government may exercise
over them. Charter cities have more freedom to innovate and to pass
ordinances according to local need. General law cities nevertheless
also have considerable choice in their form of municipal government,
and fairly broad powers over local affairs. Because the legislature has
tended to give general law cities the same control over internal
matters that the constitution grants to charter cities, the original
distinction between the two forms of city authority has been somewhat
blurred.
Annexation and consolidation procedures parallel those
for incorporation. Any land area contiguous to a city in the same
county may be annexed to the city if such annexation does not result in
an island of unincorporated land completely surrounded by the city or
in narrow strips of unincorporated land. (Because earlier law did not
prohibit them, such islands currently exist in some cities.) In rare
cases, LAFCO can make an exception.
Proponents of an annexation must have the approval of LAFCO and
the governing body. In inhabited territory (with at least 12 voters), a
petition signed by 25 percent of the qualified voters is filed with
LAFCO. If LAFCO approves, then the city council calls a public hearing.
If there is protest a special election is called. Annexation requires
majority approval within the annexation area. Proposals for annexing
uninhabited territory may be initiated by either the annexing city or
the owners of the land. No election is held. If approved by LAFCO, the
annexation occurs automatically, unless a protest is made by 50 percent
or more of the owners of land and improvements in the area. A city
cannot decline an annexation approved by LAFCO and not sufficiently
protested, unless the annexation is very large relative to the city.
Then an election is required.
Two or more cities may consolidate, but a city may not be
annexed by, or consolidated with, another without majority approval of
voters of both cities.
Monday, June 11, 2007, Lodi
News-Sentinel,
By Ross Farrow
Some question Prop 218, methods of raising rates
State law allows local agencies to adopt or
increase fees for water, sewer or garbage by using a protest process. Residents
can overturn a measure only by mailing in written protests or by submitting
them in person. If a majority of property owners oppose the rate increase or
fee, the measure fails. But more often,
most people ignore these notices and, in effect, they vote "yes" on a
charge they may not want. Authored by
the Howard Jarvis Taxpayers Association, the law was approved by California voters in
1996 in an effort to tighten loopholes in Proposition 13, the landmark tax-cutting
measure from 1978. Prior to Proposition
218 public agencies didn't have to mail notices to property owners. The average person may consider a tax,
assessment and fee to be synonymous. After all, it's money coming out of their
pocket. But in the legal world, they're very different words, especially when
it comes to following Proposition 218 law. Here are the definitions:
TAX: Pays for governmental
services or projects that benefit the public broadly. There need not be any
direct relationship between how much tax a person pays and how much service he
or she receives from government. Examples include property, sales, business
license, hotel occupancy and utility users taxes.
Taxes may be assessed only by an election by
voters. It must be approved by a two-thirds margin if it specifies how
the revenue would be used and a majority vote if the agency doesn't say how it
would be used.
ASSESSMENT: For a public improvement
or service that benefits property. Assessments are usually collected on
the property tax bill. Unlike parcel taxes, assessments typically were not
voter approved prior to Proposition 218. In addition, assessment rates were
linked to the cost of providing a service or improvement, whereas parcel taxes
could be set at any amount. Typical assessments include those for flood control
improvements, streets and lighting and landscaping.
FEE OR CHARGE: For a service or
facility provided directly to an individual or business. Local governments
charge fees for a wide range of purposes, from park entry fees to building plan
check fees. The amount of the fee may not exceed the cost of government to provide the
service. There is no election
for a fee or charge. Instead, written protest votes are counted, but there are
no yes votes. There must be valid protests of more than 50 percent to
invalidate a charge or fee.
City government is overseen in all cities by an elected
governing body (city council) which establishes municipal policy and
enacts and implements local ordinances. Council members may be elected
at large or by district, or in charter cities may be nominated and
elected in any manner stated in the charter. All city elections are
nonpartisan. In most cities except for very large ones, the council
members and the mayor are part-time positions. The constitution gives
the voters in all cities the right to exercise the initiative and
referendum, and to recall elected officers. Meetings of city councils
and commissions or other advisory bodies must be open to the public.
In general law cities, a council of five, seven, or nine
members is elected for four-year staggered terms. If the mayor is
elected directly instead of being chosen by fellow council members, the
term of office is two or four years, as determined by popular vote. The
city clerk and treasurer also serve four-year terms. The chief of
police and other department level heads are appointed by the city
council or the city manager under merit system procedures.
Two forms of administrative organization exist in California
cities: the council-manager system and the mayor-council system. By
modification and overlap these basic forms provide varied patterns of
city government.
Council-manager. Three-fourths of California cities have
some form of centralized professional administration. The administrator
may be called a city manager, city administrator, or chief
administrative officer. Under this type of administration, the elected
council provides political leadership and makes policy, while a
full-time professional manager directs city departments in carrying out
that policy.
Mayor-council. In most California mayor-council cities,
usually small general law communities, the mayor, chosen from among the
council members, is merely the council's presiding officer and the
city's ceremonial head. The council has substantial administrative as
well as legislative power, with all department heads reporting directly
to the council. This is the weak-mayor system. A number of cities,
usually very large ones, use the strong-mayor system, though their
charters set limits on how strong the mayor can be. In these cases the
mayor is directly elected by the people. A chief administrative officer
or general manager is in most matters responsible directly to the
mayor, but may not be removed without the consent of the council.
Top-level authority over some matters may be vested in independent
boards or in elected officials. Under this system, the mayor's
administrative authority depends in large part on his or her ability to
elicit cooperation.
Municipal planning agencies are established in most cities and
consist of a planning commission, the city council, a professional
planning department, or a combination. All California cities must
develop a general plan, consider environmental impact reports, and
periodically review their capital improvements program.
Cities do not stand alone. As part of an interlocking,
governmental system, they have responsibilities to, and are affected by
the actions of other levels of government, and work in cooperation with
them on issues of concern to city residents.
Cities and counties have very strong ties. Cities benefit from
county assessment rolls and county tax collection services. A county
may provide money for city street construction that benefits the
county's road system. The two jurisdictions often cooperate in building
and operating parks, libraries, and other public facilities. City and
county fire and law enforcement officers work together under mutual aid
agreements, usually established for emergency situations. The link between cities and counties is further strengthened by
a constitutional provision permitting the legislature to require
counties to perform specified services at the request of the cities
within them.
All citizens, whether living in unincorporated territory or in
cities, are subject to state law. City police enforce state laws along
with municipal ordinances. While city governments may affect local or municipal affairs,
there are important limitations on their power to do so. Passage of
local legislation must avoid conflicts with state law, and the state
preempts power in issues of statewide concern. Local ordinances may not
authorize acts prohibited by state statute, nor prohibit acts
specifically authorized by the legislature.
Local ordinances are not applicable to state agencies unless
the state consents--for example, the state consents to administer local
sales taxes.
State preemption over local ordinance takes place in cases
where the state is deemed to have broader authority in the field. For
instance, by adopting the California Vehicle Code, the legislature has
precluded cities from enacting their own traffic regulations except as
expressly authorized in the state code. Cities are also preempted in
the field of narcotics law and alcohol beverage control, with no
exceptions. In many decisions the courts have invalidated local
regulations based on their finding that the Legislature had the intent
to preempt the field in question.
The state also sets standards in areas affecting the public
health, safety, welfare, and environment. Although cities are allowed
to exceed state standards, when a minimum standard is set by the state
it is applicable to all cities. Exceptions are allowed in some
instances--for example, in state building code requirements they are
found necessary because of local conditions.
Cities receive substantial sums of money raised by the state
from tax levies. The state also assesses the property of public
utilities of local tax rolls. Special taxes must be expended for state
or local purposes as specified by the legislature. For instance, gas
tax funds must be used for construction and maintenance of city streets
or for mass transit purposes. Vehicle fines must be spent for traffic
control and traffic law enforcement.
The state also affects city government by granting or
withholding funds, or prohibiting certain kinds of local taxation.
Passage of the statewide initiative Proposition 13 in 1978 severely
limited cities' ability to raise revenue based on property taxes.
Cities may qualify for state grants for certain purposes.
A city may contract with the state for personnel services.
Employees of many cities participate in the state system of retirement
benefits.
Because of the nature of the American governmental system, the
federal government has little direct control over municipalities.
Nevertheless, via the state or regional bodies, money from federal
agencies reach local governments in the form of grants. Cities also
benefit from direct federal grants and loans for community facilities
and mass transportation, and from federal funding of redevelopment and
housing agencies. Some federal control over cities is exerted through
the criteria established for federal funding. Through these
requirements the federal government may promote nondiscriminatory
housing, environmental improvement, and citizen participation in
governmental decision making.
The above material has been adapted from "Guide to California Government" Chapter 16 written and published
by the League of Women Voters of California, 14th Edition 1992. ISBN 0-9632465-0-X. Copies of this book are
available from LWV California.
Galt
City Financial Facts:
(Home)
Money
"in":
|
Revenues
per Capita 2003-04
|
|
City
|
Sales
Tax
|
Property
Tax
|
Market
|
Totals
|
|
West
Sacramento
|
$
350
|
$
272
|
Not
allowed by State Law
|
$
622
|
|
Folsom
|
$
271
|
$
148
|
$
419
|
|
Isleton
|
$
271
|
$
86
|
$
357
|
|
Sacramento
|
$
190
|
$
159
|
$
349
|
|
Galt
|
$
49
|
$
69
|
$
159
|
$
277
|
|
Lodi
|
$
144
|
$
114
|
Not
allowed by State Law
|
$
258
|
|
Stockton
|
$
150
|
$
92
|
$
242
|
|
Citrus
Heights
|
$
140
|
$
39
|
$
179
|
|
Elk
Grove
|
$
129
|
$
32
|
$
161
|
Money
"out":
|
|
|
City
|
General
Fund
|
Fees
|
Enterprise
Funds
|
Totals
|
|
Police
|
Parks
& Rec
|
Planning
|
Solid
Waste
|
Sewer
|
Water
|
|
West
Sacramento
|
$
291
|
$
77
|
$
17
|
$
117
|
$
143
|
$
66
|
$
711
|
|
Isleton
|
$
313
|
$
33
|
$
21
|
$
83
|
$
259
|
$
-
|
$
709
|
|
Folsom
|
$
219
|
$
134
|
$
94
|
$
85
|
$
42
|
$
126
|
$
700
|
|
Sacramento
|
$
238
|
$
97
|
$
21
|
$
85
|
$
25
|
$
79
|
$
545
|
|
Stockton
|
$
256
|
$
38
|
$
11
|
$
12
|
$
100
|
$
55
|
$
472
|
|
Galt
|
$
147
|
$
109
|
$
45
|
$
55
|
$
54
|
$
42
|
$
452
|
|
Lodi
|
$
148
|
$
48
|
$
24
|
$
-
|
$
62
|
$
99
|
$
381
|
|
Citrus
Heights
|
$
158
|
$
|
$
24
|
$
3
|
$ -
|
$
-
|
$
185
|
|
Elk
Grove
|
$
147
|
$
|
$
2
|
$
2
|
$
-
|
$
-
|
$
151
|
Source:
CaliforniaCityFinance.com from State Controller
and Dept of Finance data.
Note:
Galt is the ONLY city in California that has
a specific funding source for Parks &
Recreation.
Galt Market: (Home)
By Assembly Bill 3773, 1981-1982 Regular Session, Introduced by Assemblyman Norman Waters:
“Chapter 1488 of the Statutes of 1969 authorized the Director of General Services to quik claim to the
City of Galt, County of Sacramento, at no cost to the City, approximately 48 acres of land situated within the city limits of Galt, upon condition that the land be substantially used for recreation or park purposes, and revert to the 52nd District Agricultural Association in the event of any breach of the
condition.
Analysis: Land would revert back to the State if City does not comply with one or more of
following provisions:
- If City operates any municipal buildings or flea markets, rents must be used solely for park recreation purposes. Exception: any municipal building substantially constructed prior to Bill’s effective date (City Hall & Littleton Center).
- City may sell or dispose of seven (7) acres of the real property, but sales proceeds or rental income must be used solely for development/maintenance on the property. (Note: City Buildings are on part of 7 acres that could be sold. As a result net land that actually could be sold is 3 to 3-1/2 acres).
- City must operate remaining 48 acres for park & recreation purposes.
Fiscal Effect: “Statute which authorized deeding of this property to the City of Galt provided that the
land must be “substantially” used for park and recreation purposes. It also provided that the land would revert to the State if this condition was not met.”
CALIFORNIA CODESBUSINESS AND PROFESSIONS CODE SECTION 21660-21669.1:
21661.(a) As used in this article, the term "swap meet" includes a flea market or an open-air market
and means an event at which two or more persons offer merchandise for sale or exchange
and that meets one of the following conditions:
- A fee is charged for the privilege of offering or displaying merchandise for sale or
exchange.
- A fee is charged to prospective buyers for parking or for admission to the area where
merchandise is offered or displayed for sale or exchange
- The event is held more than six times in any 12-month period.
21662
The provisions of this article shall not apply to:
(a) An event held not more than two times
per calendar year that is organized for the exclusive benefit of any community chest, fund,
foundation, association, or corporation organized and operated for religious, educational,
hospital, or charitable purposes, if no part of any admission fee or parking fee charged
vendors or prospective purchasers, or the gross receipts or net earnings from the sale or
exchange of merchandise, whether in the form of a percentage of the receipts or earnings, as
salary, or otherwise, inures to the benefit of any private shareholder or person participating in
the\organization or conduct of the event.
21669.(b) State or local governmental entities shall not operate or manage a swap meet for
profit in direct competition to a private enterprise, unless they comply with
subdivision (a) of Section 21662.
California Business and Professions Code Section 21660-21669.1, specifically Section 21669.(b) Prohibits State or local governmental entities from operating or managing swap meets (defined elsewhere to also include Flea Markets) for profit in direct competition to private enterprise.
- If the City does not comply with this Bill’s conditions then the property reverts back to the State.
- The State can then hold it, use it or sell it, but it would be up to the State not the City if that were ever
to happen. In effect, City can keep this property but can only use it for parks & recreation with the one
exception about operating a Flea Market. That makes Galt the only City in the State allowed to
operate a Flea Market.
- Keeping, Supporting & Maintaining the Market is 3 times more important
than our current sales tax (we would have to ‘grow’ our sales tax 3 times
what it is today to make up for the Market).
- Local Businesses also benefit to some degree from people drawn by Market.
- Market Vendors are also customers of our City.
- City & Chamber should investigate ways to enhance & improve the Market.
- Example: Use Railroad property for parking & create a Business corridor
between Old Town & Market.
John C. Calhoun:
(Home)
"The
very essence of a free government consists in considering
offices as public trusts, bestowed for the good
of the country, and not for the benefit of an individual
or a party." John C. Calhoun
Thomas Jefferson:
(Home)
"When
a man assumes a public trust, he should consider
himself as public property." Thomas Jefferson
Effective Governance:
(Home)
Council Members:
- Represent the needs of
all constituents.
- Understand that authority
is only with the council as a whole,
and work hard to build and sustain an effective
governance team.
- Understand that manner and
behavior make a difference.
- Respect
the diversity of perspective and styles
on the council, among the staff and in the
community.
- Understand
the role and responsibilities of the council.
- Keep
confidential material confidential.
- Strive
to understand the city's systems, mission,
policies and guidelines.
- Work
hard and commit the time and energy required
to be effective.
Three Realities:
(Home)
- You
campaign as an individual but serve as a
member of a team.
- You
do not have the authority
as an individual to fix the problems you
campaigned to fix.
- Your
success as a council member is inextricably
tied to the success of the city council.
Council Responsibilities:
(Home)
- Set
the direction.
- Establish
the structure
- Provide
the support.
- Ensure
accountability.
- Attend
community functions, act as community leaders.
- Establish
a clear vision, beliefs and priorities -
a unified vision.
- Establish
strategic goals and success indicators.
- Governing
through policies.
- Understanding
and adopting the budget.
- Fiscal
responsible for city.
- City
and County relationships.
- State
and federal relationships.
- NIMS
certification
- AB1234
training
- Council
meeting preparation.
- League
of California Cities MCA accreditation
- Great Valley Leadership certification.
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