City of Santa Ana v. Board of Education

[175]

BROWN (Gerald), P. J.

Appealing from a summary judgment, declaratory relief plaintiff City of Santa Ana contests a trial court’s determination defendant Board of Education of the City of Santa Ana is not subject to the city’s garbage collection regulations. Plaintiff seeks to compel defendant to employ plaintiff’s garbage collection services.

Plaintiff contends the state has imposed upon local political subdivisions the duty to regulate garbage collection within their territorial limits

(Matula

v.

Superior Court,

146 Cal.App.2d 93 [303 P.2d 871]); article XI, section 11. of the California Constitution vests in cities broad police power to regulate garbage collection

(Matula

v.

Superior Court, supra,

146 Cal.App.2d 93) ; garbage collection is peculiarly a subject of municipal control, an important purpose of municipal government

(In re Zhizhuzza,

147 Cal. 328 [81 P. 955] ;

In re Santos,

88 Cal.App. 691 [264 P. 281]). Plaintiff argues this power does not threaten defendant’s management, and control of public school education.

In

Hall

v.

City of Taft,

47 Cal.2d 177 [302 P.2d 574], the California. Supreme Court explained: 1) school districts are state agencies for the local operation of the state school system; 2) the state is the beneficial owner of public school property; 3) “When it [the state] engages in such sovereign activities as the construction and maintenance of its buildings, as differentiated from enacting laws for the conduct of the public at large, it is not subject to local regulations unléss the Constitution says it is or the Legislature has consented to such regulation.