SECESSIONISTS WOO HERTZBERG CHALLENGE TO COUNTY COUNSEL OPINION SOUGHT.

Byline: Harrison Sheppard Staff Writer

San Fernando Valley secession leaders reached out to Assembly Speaker Bob Hertzberg for help Tuesday in their effort to create a new city that would have its own police stations, libraries and parks.

Secessionists hoped Hertzberg, who co-authored legislation lifting the City Council's veto power over secession, will challenge a legal opinion issued Monday by Los Angeles County Counsel Lloyd Pellman, who said a new Valley city would have to buy assets from Los Angeles rather than receive them at no cost under the terms of a split.

At the same time, Supervisor Zev Yaroslavsky, a member of the county Local Agency Formation Commission overseeing secession, on Tuesday raised the question of whether the reverse to Pellman's opinion could also be true: Would Los Angeles have to pay the Valley city for assets L.A. keeps south of Mulholland Drive that Valley taxpayers have helped to pay for over the years?

In a letter asking Pellman's office to produce a legal opinion on his question, Yaroslavsky wrote: ``I would like to know whether LAFCO can require ... that the remaining City of Los Angeles compensate the new Valley City for the investment made by Valley City taxpayers in parks, libraries, fire stations and other physical assets which are located south of Mulholland Drive and which will therefore remain within the City of Los Angeles.''

That argument is similar to one made by Valley Voters Organized Toward Empowerment, which asserts that Valley taxpayers are entitled to roughly one-third of Los Angeles' assets. Pellman and Los Angeles City Attorney Rocky Delgadillo, however, argued in separate opinions that the assets belong to the municipal corporation and not to its individual taxpayers.

Pellman's advice to LAFCO was seen as hurting the secession movement.

David W. Fleming, an influential secession backer; Richard Close, chairman of Valley VOTE; and former Assemblyman Richard Katz asked Hertzberg to issue an opposing opinion himself, as an authority on secession laws, and to seek an opinion from the state Legislative Counsel regarding LAFCO's power to divide assets without requiring compensation.

``We think it's pretty clear LAFCO has enormous powers,'' Fleming said. ``What they're really doing is coming up with a recipe that the voters must approve or disapprove.''

Hertzberg, D-Van Nuys, was out of town meeting with officials from other states, so Fleming, Close and Katz spoke with his staff members who were expected to brief him later Tuesday, said Hertzberg spokesman Paul Hefner.

In a separate matter Tuesday, the Los Angeles City Council went on record opposing any change in state law that would allow a cityhood election in 2003.

Currently, the election is scheduled under a tight time line for November 2002, but if it is delayed under current state law it would have to be held in the next even-year election, in 2004.

But LAFCO, which meets today, is expected to consider asking for a change in state law so the vote could be held in 2003, to shorten the delay. Valley secessionists, while still aiming for a November 2002 vote, are open to having it in 2003 if necessary.

The City Council voted 12-0, without debate, to oppose such a change.

Councilwoman Cindy Miscikowski, who introduced the motion and heads the council's secession committee, argued that even-year elections, which feature federal and state races, tend to have a much higher turnout and are therefore more appropriate for such an important issue.