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Attachment 2 <br /> L1 O - <br /> i <br /> October 15,2021 RECEIVED <br /> Hon. Rob Bonta OCT ' 2021 <br /> Attorney General <br /> 1300 I Street, 17`h Floor MITIAT COORDINA'TOR <br /> Sacramento,California 95814 OFF1Ck <br /> Attention: Ms.Anabel Renteria <br /> Initiative Coordinator <br /> Dear Attorney General Bonta: <br /> Pursuant to Elections Code Section 9005,we have reviewed the proposed initiative regarding <br /> local land use (A.G. File No.21-0016,Amendment#1). <br /> Background <br /> State-Local Responsibilities. The state, counties,and cities generally have different <br /> responsibilities,and fund and administer different services. Cities are responsible for local needs, <br /> such as planning,to accommodate needed housing,police and fire protection,and local roads. <br /> Counties provide similar services in areas outside of cities—unincorporated areas. Counties also <br /> administer countywide services on behalf of the state, such as health and human services programs, <br /> jails,and elections.Cities and counties provide these services using a combination of local,state,and <br /> federal funding. In some cases,such as for many human services programs operated by counties,the <br /> state provides certain revenue sources to local governments. In other cases,such as some housing <br /> programs,the state sets aside grant funding for cities and counties based on varying programmatic <br /> requirements. <br /> Local Initiatives. Local voters generally have the authority to enact initiatives that override laws <br /> passed by local legislative bodies—city councils or boards of supervisors.Laws enacted by voters <br /> through a local initiative can only be modified by subsequent voter approved local initiatives,except <br /> if the initiative allows otherwise.Although local initiatives can override laws passed by local <br /> legislative bodies,they do not override state laws. <br /> Authority of General Law and Charter Cities and Counties. Tlve State Constitution allows for <br /> city and county local affairs to be governed under either the general laws of the state or under a <br /> charter adopted by local voters. Charter cities for local matters generally, and charter counties only <br /> for certain local matters, have authority to adopt their own laws which generally supersede state law. <br /> Although the State Constitution does not define local affairs,case law suggests that they include <br /> local elections, and local government contracting and employees. Despite a charter,cities and <br /> counties are subject to the U.S. Constitution,federal laws,the California Constitution, and state laws <br /> regarding matters of statewide concern.In contrast,general law cities and counties have less <br /> Legislative Analyst's Office <br /> California Legislature <br /> Gabriel Petek,Legislative Analyst <br /> 925 L Street,Suite 1000,Sediamento,CA 95814 <br /> (916)445-4656 <br />