State attorney general says counties can’t subdivide large ‘county islands’
Supervisor Moorlach says state official’s opinions are not news and that LAFCO has always followed AG opinions
By Charles M. Kelly
Two opinions issued by the California Attorney General’s Office on Friday, June 1, appear to have an impact on Rossmoor’s future. However, the attorney general’s opinion does not have the legal force of a court ruling.
One opinion said LAFCO agencies cannot divide unincorporated communities into parcels of less than 150 acres to circumvent the legal right of larger unincorporated communities to vote on annexation issues.
The other opinion said that if the Orange County Local Agency Formation Commission grants so-called latent powers to the Rossmoor Community Services District Board, the district could hire police services. “Latent powers”—the authority to hire police, animal control and trash collection services—are similar to the authority that incorporated cities have under California law.
In an e-mail update to his constituents, Orange County Supervisor John Moorlach said the Attorney General’s Office opinions are not new.
“The RCSD is on a strange quest. Unfortunately, nothing is put to rest, the game is still on and the RCSD will continue to retain professional firms and expend funds with abandon over this matter,” Moorlach said.
Supervisor John Moorlach, who is also a member of the OC LAFCO, has said he is opposed to latent powers for Rossmoor. Moorlach maintains that Rossmoor would be better off being annexed by Los Alamitos or merged into a so-called “super city” with Los Alamitos and Seal Beach.
Attorney general says law protects voters’ rights
State law says that unincorporated communities of less than 150 acres may be annexed without a vote of the residents.
The second Attorney General’s Office opinion deals with the question of whether a LAFCO can divide a county island into parcels of 150 acres or less, so at to avoid the rights of residents and/or property owners to protest an annexation. The Attorney General’s Office in its Friday, June 1, opinion, said the law requires annexation of an entire island—and that county agencies cannot subdivide an unincorporated island into parcels of less than 150 acres to speed up the annexation process.
“A LAFCO lacks discretion or authority to use streamlined procedures to annex an island that exceeds 150 acres in area or does not constitute the entirety of the island in question,” the Harris/Nolan opinion said.
“The requirement is specifically designed to prevent piecemeal annexation as a means of circumventing the citizen participation in the annexation process,” the opinion said.
According to the LAFCO Unincorporated Islands Resource Web page, the entire Rossmoor community covers 988.36 acres.
Under California law, unincorporated communities that are less than 150 acres in size may be annexed without a protest procedure. It was that provision of state law that allowed Huntington Beach to annex Sunset Beach without a vote by the residents.
“The AG opinion states that islands over 150 acres may not be sub-divided (for want of a better term) so they are under 150 acres and therefore could be annexed under the small islands provisions (without resident protest),” Moorlach said in an e-mail to the Sun. “However, the AG opinion does NOT state that LAFCO is prohibited from annexing portions of large islands.”
“Annexing portions of larger islands like the corner commercial area of Rossmoor is not prohibited—but it does have to include the right of registered voters or landowners to protest. And OC LAFCO has always followed what the AG opinion states,” Moorlach said.
The Sunset Beach annexation, which was completed last year, has been challenged on the grounds that residents were not granted an opportunity to vote on the tax increase that would result from annexation. The issue is still before the courts.
The issue of partial annexation was raised when Los Alamitos officials considered annexing the so-called “fourth corner” of Katella Avenue and Los Alamitos Boulevard, which includes Rossmoor’s only business district and some residential apartments.
Moorlach has argued that the corner was the county’s to give to Los Alamitos.
However, Los Alamitos officials backed off the partial annexation.
“This should put to rest the desire of the city of Los Alamitos and Supervisor Moorlach to have the only business district in Rossmoor annexed to Los Alamitos. The only option left would be to attempt to annex all of Rossmoor, which has been repeatedly opposed by the residents of Rossmoor,” said the Rossmoor district press release.
“The pieces of the puzzle are starting to come together, said President Coletta. “There is now a clear legal path for charting the future autonomy of Rossmoor in accordance with the expressed sentiments of the community.”
The Orange County Board of Supervisors has made a policy of moving unincorporated islands into neighboring cities. Three supervisors sit on the OC LAFCO board.
Some Rossmoor residents objected to the county’s efforts to move Rossmoor into Los Alamitos and tried to incorporate Rossmoor.
Rossmoor voters rejected cityhood in 2008.
Latent powers
The Rossmoor Community Services District board has been talking for many years now about asking OC LAFCO for “latent powers” to hire police, animal control and trash collection services. These powers are called “latent” because they are similar to the powers of incorporated cities. Whether Rossmoor’s application for such powers would be granted is unknown.
Some Rossmoor residents question the purpose and wisdom of the effort.
“As for the AG opinion about contracting for police services, LAFCO has always been willing to discuss it with the RCSD. I have publicly stated that I’m not in the mood for ‘city-light,’ and continue to maintain that position,” Moorlach said.
Moorlach has said that Rossmoor’s only options are cityhood, annexation by Los Alamitos or a merger with both Los Alamitos and Seal Beach to form a so-called “super city.” Representatives of the Rossmoor board and the Seal Beach City Council have publicly opposed the “super city” proposal.
The June 1 Harris/Nolan opinion says, “… the county Sheriff’s Department currently fulfills its core statutory duties within the district’s unincorporated territory, the district maintains that its proposal to exercise latent law enforcement powers will call for a level of dedicated law enforcement presence and services within district boundaries that is significantly greater than—and therefore not ‘substantially similar’ to—the core services currently provided by the county sheriff.”
According to an unsigned press release issued by the Rossmoor Community Services District, the opinion means is that the district may ask for latent powers from the Orange County Local Agency Formation Commission once county counsel withdraws its opposing opinion.
“This is a milestone and we owe a debt of gratitude to Assemblymember Jim Silva who requested the opinion on behalf of the district,” said Rossmoor Board President Alfred Coletta.
