Supervisors Ask Panel to Reconsider Its Support of Cityhood for Malibu

Malibu cityhood plans, given a crucial boost last week, could be delayed by a procedural move taken Tuesday by the Los Angeles County Board of Supervisors, which would lose its power over the area if a new city is formed.

As a result, supporters of Malibu cityhood who thought they had won a key victory may be forced to do battle again with opponents, including Pepperdine University, in order to put the incorporation question before voters. At the least, supporters say they may miss the November election ballot.

The board voted 4 to 0 Tuesday to ask the Local Agency Formation Commission to reconsider its ruling last week that the cityhood application was worthy of a public vote. The request to reconsider does not have to be followed, but Supervisor Ed Edelman--one of the board’s delegates to the commission--said it is likely to be granted.

Condition Sought

Supervisors said they want the Local Agency Formation Commission to suspend last week’s vote and add a condition to the cityhood measure that would protect the county’s authority to install sewers in Malibu. Otherwise, the city council elected by Malibu residents if cityhood is passed by voters might have the power to block sewer plans, supervisors said.

The sewer issue is controversial in Malibu and is a major reason for the cityhood push. If a complete sewer system is installed in Malibu, property owners would have to pay for it, and some residents have complained that the sewers would promote too-rapid growth in the coastal community.

After Tuesday’s vote, cityhood backers said it was a last-ditch tactic by supervisors who want to see the sewers installed. They included Deane Dana, the Malibu supervisor up for reelection next week, among those who favor sewers.

“He wants Malibu sewered; that’s what he told us,” said Carolyn Van Horne, co-chair of the committee pushing the incorporation move.

However, the county’s chief administrative officer, Richard B. Dixon, said the county is already charged in a lawsuit with not taking adequate steps to prevent landslides in the Malibu area and could face new suits. Sewers that would reduce the amount of water drained into hillsides are among the preventive steps being considered, he said.

Law Called Unclear

The law does not make clear whether county officials would have the power to impose such major costs, such as a sewer system, on a future city if residents do not want it, Dixon said. Thus, the county wants that authority explicitly given in whatever cityhood measure is submitted to voters.

Edelman succeeded in defeating a push by other supervisors, including Dana, to ask the Local Agency Formation Commission to delay the cityhood vote up to a year while the sewer issue is haggled out.

Edelman, who as a member of the Local Agency Formation Commission supported the cityhood plan, said he did not think the action Tuesday would jeopardize incorporation.

The Board of Supervisors has little to do with an application for cityhood once it is approved by Local Agency Formation Commission, a state-mandated agency formed by the county. The Board of Supervisors may hold public hearings to determine if there is overwhelming opposition, but otherwise must simply place the cityhood issue on the next countywide election ballot.

The only vote against cityhood at last week’s hearing was by Supervisor Pete Schabarum.