Secession Group Stands to Get 15 Extra Days

A wrinkle in a state law will give activists petitioning for a study of San Fernando Valley secession an extra 15 days, and possibly more than three months, to collect additional signatures if their initial effort fails, a county attorney said Monday.

Valley VOTE, the group leading the campaign, will be allowed to submit a “supplemental petition” if it is not able to gather the 135,000 signatures required by Aug. 27, said Lloyd Pellman, senior assistant counsel for Los Angeles County.

At the very least, Valley VOTE will receive an automatic 15-day reprieve if the petition drive falls short, Pellman said. Depending on how state law is interpreted, Valley VOTE may even be allowed to continue gathering signatures for two to three months after the petition deadline while signatures are being verified, he said.

“That question may have to be resolved by a judge,” Pellman said. “We haven’t closed any doors yet. We’re still looking at these issues as they arise.”

Pellman serves as legal counsel to the Local Agency Formation Commission (LAFCO), which would conduct the secession study and decide whether to place the issue on the ballot.

Meanwhile, the Los Angeles City Council today is scheduled to consider taking legal action on behalf of Valley VOTE to extend the petition deadline by 30 days. Councilwoman Laura Chick, who represents the West Valley, proposed city intervention after an investigation revealed that Van Nuys Airport officials illegally barred Valley VOTE petition gatherers from setting up a booth at the Van Nuys Aviation Expo on July 18-19.

Valley activists loudly criticized the city administration after the air show fiasco.

Many city officials--led by Mayor Richard Riordan--staunchly oppose political secession and have instead urged charter reform to redress the grievances of Valley interests.

The city attorney’s office is exploring all of the city’s legal options, including those raised by the county, said Timothy B. McOsker, chief deputy attorney.

Leaders of Valley VOTE said the state provision allowing an additional 15 days applies to all petition drives. And they hope the City Council will not see it as a reason to reject Chick’s motion.

At this point, however, Valley VOTE has decided not to test the possibility of gathering signatures during the three-month processing period, said Richard Close, chairman of the organization.

“It’s too risky,” said Close, an attorney and president of the Sherman Oaks Homeowners Assn. “It’s not clear, and it’s not worth it. We don’t want our opponents to use it against us.”

Under the Cortese-Knox Local Government Reorganization Act, the state law dictating the secession process, Valley VOTE has 90 days to gather 135,000 signatures from registered voters in the Valley to prompt a study on secession.

If it is successful by the Aug. 27 deadline, LAFCO is required to study whether an independent city in the Valley would be able to sustain itself without causing financial harm to Los Angeles. If a Valley city is feasible, voters citywide could be asked to decide on Valley secession as soon as 2000.

After Aug. 27, Valley VOTE has 60 days to process petitions and submit them to LAFCO, which then has 30 days to verify the signatures.

If LAFCO Executive Director Larry J. Calemine determines that Valley VOTE’s petition drive has fallen short, the law requires him to grant the group an additional 15 days to file a “supplemental petition bearing additional signatures.”

“I have no choice. It’s the law,” Calemine said.

Calemine said the law is unclear about whether Valley VOTE would be allowed to gather signatures during the two months the group has to process its petitions and the month LAFCO has to verify the signatures. The law has never been challenged so, ultimately, the courts may have to decide, he said.

“This is a whole new ballgame,” Calemine said.

Also Monday, leaders of Valley VOTE criticized the Van Nuys Citizens Advisory Council for canceling its monthly hearing today. Jeff Brain, president of Valley VOTE, said group members want the advisory council to investigate the actions of Van Nuys Airport officials who barred petition gatherers from airport property during the recent annual air show.

George Jerome, chairman of the citizens council, said the meeting was canceled because the council had little to discuss. Plus, the controversy of Valley VOTE petition gatherers being barred from the air show was not on the council’s agenda, Jerome said.