LAFCO Denies 30-Day Extension for Secession Group

A request to grant petition gatherers another 30 days in their bid for possible secession of the San Fernando Valley was rejected by the Local Agency Formation Commission on Wednesday.

LAFCO, the state authority that may ultimately decide to place Valley secession on the ballot, ruled that only the state Legislature or a state court has the power to give the petitioners the extra 30 days.

The city attorney’s office requested that LAFCO grant the extension as a way to compensate Valley VOTE, the group leading the campaign, for being illegally barred from a widely attended air show at Van Nuys Airport in July.

Valley VOTE must collect 135,000 signatures from voters by Aug. 27 to force LAFCO to study how the creation of an independent Valley city would affect Los Angeles. The commission also would decide whether to put secession on the ballot for a citywide vote.

Despite Wednesday’s setback for Valley VOTE, state law would require LAFCO to grant a 15-day extension if the group’s petition drive falls short, said Lloyd Pellman, LAFCO’s attorney and senior assistant council for Los Angeles County.

LAFCO has no legal authority to grant any extension beyond that, Pellman said. Plus, Valley VOTE would only be eligible for the extra 15 days after LAFCO determines the group failed to collect enough valid petition signatures--a process that might not be completed until three months after the deadline, he said.

“Any hint that we have additional time after Aug. 27 is wrong, unless the Legislature or a court gives it to us,” Richard Close, chairman of Valley VOTE, said after Wednesday’s meeting.

Leaders of Valley VOTE have decided not to file court action to gain more time for the petition drive because they estimate the action would cost $50,000 to $70,000 and could drag on for six months, if appealed, said Close, head of the Sherman Oaks Homeowners Assn. and an alternate LAFCO commissioner.

“It would not be a practical solution,” Close told the commission.

City Councilman Hal Bernson, who represents the Valley and is a LAFCO member, told Close that was a mistake. Judges often expedite court motions hinging on a critical deadline, such as in Valley VOTE’s case, Bernson said.

State lawmakers created Local Agency Formation Commissions in every county, excluding San Francisco, to regulate urban growth and rule on all proposed boundary changes, including bids for secession.

The commission is appointed by local governments, and includes representatives from the county, cities within the county, special districts and members from the general public. On Wednesday, LAFCO’s monthly meeting failed to draw a single public spectator, excluding members of the media.

Close said Valley VOTE has all but given up hope for postponing the petition deadline but is keeping an eye on a last-ditch legislative effort by Assemblyman Bob Hertzberg (D-Van Nuys).

Hertzberg, through some complicated legislative maneuvering, filed an emergency bill Wednesday that would give Valley VOTE an additional three months for the petition drive. He did it by stripping an unrelated bill before the Senate Local Government Committee and replacing it with his proposal.

Still, the bill needs the committee’s approval, plus a two-thirds favorable vote in the Senate and the Assembly--all before the Legislature adjourns at the end of August. Plus, the bill needs to pass muster with Gov. Pete Wilson.

“It is always difficult to do this,” Hertzberg said. “It’s moving very fast, and I’m going to work very hard to get it passed.”

Earlier this week, the Legislature approved $340,000 toward funding the LAFCO secession study.

City Councilwoman Laura Chick, who represents the West Valley, said Hertzberg’s proposal offers the best hope to correct the damage the Valley VOTE drive suffered during Van Nuys Aviation Expo ’98 on July 18 and 19.

Valley VOTE volunteers were illegally barred from collecting signatures at the air show, which attracted an estimated 250,000 spectators. The organization estimates it would have collected more than 15,000 signatures at the event.

Earlier this month, the City Council approved a motion by Chick ordering the city attorney’s office to assist Valley VOTE to gain the extension, including filing a request with LAFCO.

“Giving Valley VOTE an extension on the time to gather their signatures is the righteous thing to do, and the right thing to do,” said Chick, a secession opponent.