A copy of the Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief has been filed on behalf of the Citizen’s Association of Sunset Beach.
Since last August, the members of the Citizens Association of Sunset Beach have been corresponding through their attorneys with the Orange County Local Area Formation Commission and by giving public testimony at City Council hearings in Huntington Beach.
Our position is that the residents of Sunset Beach must be given a Proposition 218 vote, or a vote to approve the annexation according to state law.
CASB has now filed a lawsuit against the OC LAFCO and the city of Huntington Beach.
The reason for the lawsuit is that the CASB is seeking to enjoin the OC LAFCO and the city from taking any further action on the annexation application, including recording of a notice of completion, until the legal issues raised in the lawsuit are resolved by the court. CASB is asking the court to direct the OC LAFCO to either reject the city’s “island” annexation application, or impose as a condition of the city’s “island” annexation application that the city first obtain a favorable vote of the residents of Sunset Beach in an election pursuant to Proposition 218 regarding imposition of all of the city’s special taxes.
As an alternative, the suit asks that the city conduct proceedings to obtain a favorable vote by the residents of Sunset Beach in an election pursuant to Proposition 218, regarding the imposition of all of the city’s special taxes as a condition of pursuing the “island” annexation.
This can be done by the city independent of the OC LAFCO.
The OC LAFCO could have delayed consideration of the city’s annexation application.
Several of the OC LAFCO board members expressed concern regarding the conflict in law that was cited by CASB attorney John McCarron.
They were advised by the OC LAFCO staff and their counsel that the OC LAFCO Board does not have authority to deny the city’s application, only to approve.
This raised the question asked by one board member, “why have a public hearing then?”
Another comment was made by John Moorlach, County Supervisor for District 2, who referred to the conflict in law as “awkward.”
Some commission board members also expressed concern that Huntington Beach has told residents all along that they will not pay the city’s special taxes and then at the final hour are now saying they will be required to pay the tax.
The perception is that there is a bait and switch, whether real or not.
The CASB member’s efforts have not been easy to maintain. CASB is an all volunteer staffed association and funded by contributions.
All contributions received are used toward mailing and legal costs.
There is a concern that having to file a lawsuit against the OC LAFCO and the city of Huntington Beach to guarantee the right to vote before being taxed is not something every small community can afford.
Should government be working for the people? If you want to review other material of interest please go to our Web site: www.SaveSunsetBeach.org www.savesunsetbeach.org or www.Facebook.com/SaveSunsetBeach.
Jack Markovitz is a member of the Citizens Association of Sunset Beach.
