LAFCO WINS BREAKUP BATTLE.

Byline: Harrison Sheppard Staff Writer

In a victory for San Fernando Valley secessionists, the Los Angeles County Counsel ruled in documents released Monday that the agency studying cityhood has broad authority in deciding how to break up the city, including dividing water rights.

The decision also allows the Local Agency Formation Commission to draft and choose from a wide range of scenarios, rather than voting yes or no on a single proposal - which means a greater likelihood of getting secession on the ballot in 2002, according to Valley VOTE leaders.

Los Angeles city officials have argued that LAFCO had to consider one plan from Valley Voters Organized Toward Empowerment without suggesting alternatives. Some also argued that water rights could not be divided, leaving the Valley facing possible high surcharges for water.

But County Counsel Lloyd Pellman ruled LAFCO has authority to decide a broad range of issues, including water rights.

Cityhood study supporters cheered Pellman's ruling, saying LAFCO should have multiple options and broad authority to come up with the best plan.

``It gives LAFCO vast discretion to prepare a plan that meets the needs of those people who live north of Mulholland (Drive) as well as those who live south of Mulholland,'' said Richard Close, chairman of Valley VOTE.

Some city officials - such as City Councilwoman Cindy Miscikowski, who chairs the council's committee on secession - disagree with Pellman, saying that allowing LAFCO to design other plans takes it out of the role of neutral judge. Miscikowski believes LAFCO should only consider the exact plan put forward by Valley VOTE.

``It would be like if you were a referee and you were asked to provide some sort of judgment on whether or not the ball was out of bounds - and you were allowed to move the ball in lots of ways that could give different perspectives on whether or not the ball was really out of bounds,'' said Miscikowski's legislative deputy, Lisa Gritzner.

``That's really not fair.''

On the water rights issue, Department of Water and Power head S. David Freeman has said in the past that Los Angeles would retain rights to the water if the Valley split off because it owned the rights before the Valley joined Los Angeles. The DWP could still sell water to Valley residents, he said, but at higher rates because of a city ordinance that provides for a surcharge on water sold to noncity residents.

Freeman could not be reached for comment Monday.

The study itself is running behind because the process of getting information from the city is taking longer than expected, according to the LAFCO consultant. It will be delayed by at least two months to November, said consultant Craig Hoshijima of Public Financial Management.

He said he does not believe the city is intentionally dragging its heels, but rather that ``the complex and esoteric nature of the data'' has meant more questions that required additional work from city employees.

LAFCO's Executive Officer Larry Calemine said the delay should still allow enough time to get the proposal on the ballot in 2002, depending on how other steps in the process proceed.