L.A. PLAYS 'HARDBALL' SECESSIONISTS SAY CITY PLANS LEGAL ASSAULT TO BLOCK MEASURE FROM BALLOT.

Byline: Beth Barrett Staff Writer

An uproar erupted Wednesday over whether the city of Los Angeles has adopted a ``hardball strategy'' and intends to sue to block or delay a citywide vote in November 2002 on San Fernando Valley secession.

During a debate on secession Tuesday night, Councilwoman Cindy Miscikowski's chief of staff warned that issues such as water and power are so serious that ``the city will not - will not - allow those things to go unlitigated.''

Top city officials including Miscikowski - newly appointed in place of Valley Councilman Hal Bernson to the county agency that decides the terms for breaking up the city - distanced themselves from the threat of going to court.

Miscikowski, an outspoken critic of secession, issued a statement from New Mexico where she was on vacation, saying, ``I have no intention of initiating or supporting any obstruction, and I wholeheartedly support the issue of Valley Cityhood being decided by the voters in 2002.''

But her statement and others from Mayor James Hahn did little to soothe Valley leaders who have charged City Hall with orchestrating an anti-secession campaign, led by council President Alex Padilla who appointed Miscikowski to the Local Agency Formation Commission.

``As a result of last night, we know what Miscikowski's plan is, that she is prejudging it, that she'll do whatever she can to fight it,'' said Richard Close, chairman of Valley Voters Organized Toward Empowerment. ``She should not be on LAFCO.''

Gritzner's comments sent top city leaders - all of whom favor keeping the city intact - scrambling to publicly reassure Valley constituents that they are not preparing a behind-the-scenes legal assault to block the measure from getting to the ballot.

Deputy Mayor Matt Middlebrook, speaking for Hahn, who is vacationing in Hawaii, said ``litigation is just not a consideration.''

``Lisa Gritzner doesn't speak for the city,'' Middlebrook said. ``The mayor has been a consistent supporter of letting the voters have their say on this matter. The mayor's approach is not how we stop secession, but how we start finding ways to provide better city services. Our agenda is to make the city run better so people will want to stay.''

But sources told the Daily News the City Attorney's Office has not entirely ruled out the use of litigation and might be willing to intervene on behalf of either party as a ``referee'' to make sure the process is fair.

City Attorney Rocky Delgadillo declined to comment on any city legal strategy.

He said he backs ``an honest public debate, which very likely means that there will be a fair vote.'' At the same time, Delgadillo said his office is stressing improved city services as the best way to keep L.A. together.

Bernson, who served on LAFCO for two decades, said the remarks by Gritzner bolster his contention there is an ``orchestrated'' campaign to keep secession from voters.

``Their intent is to discourage this coming to an equitable vote for the San Fernando Valley. That should be obvious,'' said Bernson, who with Close is a LAFCO alternate, neither having a vote.

Bernson said Miscikowski should not be in a position to ``sabotage the cityhood movement.''

Miscikowski has taken the lead in the past two years as City Hall's watchdog on what information is given to LAFCO and how the city deals with the secession study.

She has staked out a tough position, demanding answers to a wide range of questions about how various city resources would be divided. Her position was supported by a recent City Attorney's Office analysis, issued while Hahn was still in charge, that suggested that many steps under consideration by LAFCO would be illegal and subject to litigation.

Whether the council would back a litigation strategy remained in question.

Councilman Nate Holden, who opposes secession, issued a statement saying that any attempt to use litigation to stop secession would be ``outlandish.''

Padilla, on vacation in Utah, said through spokesman David Gershwin that he stands solidly behind Miscikowski and believes her statement clarifies that she backs voters' right to decide on Valley cityhood.

``He believes Councilwoman Miscikowski made her position very clear, which is at divergence with the remarks made last night,'' Gershwin said.

Close, with Valley VOTE, however, said Gritzner's comments during the United Chambers of Commerce-sponsored forum at Mission Community Hospital in Panorama City were consistent with how she has represented the position of Miscikowski's office in private conversations.

``I've had many conversations with Lisa, and what she said publicly is totally consistent with my conversations with her - that the office is opposed to the Valley becoming a separate city and will do whatever it can to keep this from coming to a vote in order to prevent the reduction of their power as City Council members,'' Close said.

``Their only hope is to stop this from going on the ballot.''

Gritzner declined Wednesday to comment on Close's statements.

``I think I've said enough already,'' Gritzner said.

She said her comments Tuesday night were not taken in the context she meant them.

The Daily News quoted Gritzner telling the crowd, ``At the end of the day there are very serious concerns over water, electricity and other things. You can disagree with me and think the city's being obstructionist, but the city will not - will not - allow those things to go unlitigated.''

Gritzner, after the meeting, said in an interview that the Department of Water and Power, specifically, could initiate a lawsuit. On Wednesday, she said she'd been speaking only theoretically.

Jerry Gewe, DWP assistant general manager for water, said the agency hasn't discussed litigation to block secession, and that without the backing of the Mayor's Office any unilateral action would be ``very unlikely.''