VICA: Q BREAKS LAW VALLEY GROUP SAYS POLICE, FIRE BOND NOT SPECIFIC.

Byline: Rick Orlov Staff Writer

Measure Q, the March 5 Los Angeles bond issue that would provide $600 million to build police and fire facilities, violates state law by failing to spell out specifically how the money would be spent, a leading San Fernando Valley business group charged Wednesday.

The analysis by the Valley Industry and Commerce Association also says the measure violates state law by failing to require that bond revenue be used only for specific projects and by failing to mandate an annual financial report.

VICA Director Bob Scott said the business group - scheduled to take a position on the measure next week - is concerned about the ballot language because of past city bond issues that failed to deliver on promises.

``That is the whole reason VICA came up with a truth-in-bonding measure approved by the Legislature,'' Scott said. ``There are too many times a bond promises one thing and then does another.''

City officials said they looked at VICA's analysis and believe they have complied with the law.

However, state Sen. Richard Alarcon, D-Van Nuys, the author of the truth-in-bonding bill contained in Senate Bill 165 and signed into law in 2000, said it appears that the city has not complied with the law's intent.

``The intent of the truth-in-bonding bill was the voters would have an opportunity to see, in the context of the ballot measure, exactly how the money would be spent,'' Alarcon said.

``The city of Los Angeles seems to be contending that because the dollars are specifically allocated (in documents not presented to the voters) that they did not have a responsibility to present it in specific terms to the voters.''

Alarcon, who supports Measure Q, said he will consult with the state Legislative Counsel's Office to see whether there is a violation.

``I don't know what this does to the bond measure, and I don't believe there's anything the city can do to change it at this point with the election 13 days away, but we want to make it clear to the city that we expect full compliance in the future.''

The analysis was done by VICA staffers and not sent to attorneys to check, VICA spokesman Scott Schmidt acknowledged. ``But all you have to do is read the measure and see it doesn't meet the intent of the state law,'' Schmidt said.

VICA members said City Councilwoman Cindy Miscikowski and her staff have pressured them to squelch their analysis, a claim she denied. Instead, Miscikowski said, she has been trying to correct what she perceives as misinformation about the measure.

``The VICA staff put out a report saying Proposition Q doesn't comply with state law because it fails to say how the money will be spent,'' Miscikowski said. ``The measure very clearly says how each penny will be spent.''

In fact, the voters pamphlet only mentions the $600 million figure and the public notice for Measure Q only says that $525 million will be used for emergency operations, fire dispatch and police facilities with $50 million for police facilities capital improvements and $25 million for fire facilities capital improvement.

Miscikowski added she believes the city has proved itself with recent bond issues, such as for parks and libraries.

City officials said the measure was reviewed by the City Attorney's Office to make sure it complied with state law.

City Attorney Rocky Delgadillo said he was aware of VICA's concerns and that his office had reviewed the measure.

``It has been called to my attention, we have looked at it. The problem is, it conflicts with another provision of the law - you can only put so many words in a proposition,'' Delgadillo said. ``The problem is, we have two conflicting laws. You cannot put all the information in the ballot designation.''

He said the city has a breakdown of figures for all projects proposed under Measure Q, and that the information is available to the public.

``We can't publish it, but we have the information and it's available to the public. Within the confines of this (truth in bonding) law, the information is available.''

Chief Assistant City Attorney Pete Echeverria said the detailed ordinance spells out the requirements for the city.

``We looked at all the state laws and believe the measure complies,'' Echeverria said. ``For instance, the state law requires annual reports. We require monthly reports to an oversight committee and quarterly reports to the City Council, so we're exceeding the state law requirements.''

VICA believes the reports should be submitted by the City Controller's Office, but the city requires them from the City Administrative Office, which oversees the city's budget. Also, Echeverria said, the city does not believe it has to create a separate account unless the measure is approved by voters.

Officials with the state Attorney General's Office said it normally does not review such measures unless requested and no request was made.

The bond measure, which needs two-thirds voter approval, calls for replacement of the West Valley police station - where officers work out of trailers - along with a new Valley LAPD headquarters and traffic division to be built on five acres provided by General Motors at ``The Plant,'' its former assembly plant in Panorama City.

In addition, the Valley would get its own bomb disposal unit rather than having to rely on officers dispatched from either Los Angeles International Airport or the Northeast Division.

Other projects include replacing stations at Hollenbeck, Rampart and Harbor divisions, building a new station in the mid-Wilshire area, making repairs to other police facilities - including Parker Center - and creating a new emergency operations-dispatch center for both the police and fire departments.

The VICA analysis said the bond issue failed to require an annual financial report and that proceeds be used only for the specific projects.

City officials said the measure was reviewed by the City Attorney's Office to make sure it complied with state law.

The measure breaks down the funding as follows:

--Emergency operation center-fire dispatch: $120 million.

--Metro jail: $100 million.

--Bomb squads: $20 million.

--Valley traffic-headquarters: $70 million.

--Mid-Wilshire station: $45 million.

--Replacement police stations: $170 million.

Richard Close, a leader of both the Sherman Oaks Homeowners Association and Valley Voters Organized Toward Empowerment, filed a ballot argument against the measure and cited the past failures of the city to fulfill its promises.

``There are not enough police officers to staff existing buildings - why increase taxes to build more facilities?'' Close said. ``Why should we pay for more facilities the city says we won't own if we secede?''

City representatives have argued that a new Valley city - if voters approve its formation - might have to pay Los Angeles for police and fire stations, libraries and other municipal buildings in the seceding area.