Lawyer Questions Landfill Initiative : Weldon Canyon: Calling it flawed, he says the November ballot measure probably would not stand a court challenge.

The Weldon Canyon landfill initiative is seriously flawed and probably will not withstand the court challenge promised by Ojai opponents, the county’s top lawyer has told the Board of Supervisors.

“The overriding question is whether the initiative is legally valid,” County Counsel James McBride wrote in a confidential memo circulated Thursday. “We conclude that a court would most likely find the initiative to be invalid.”

Under the measure, which qualified for the November ballot this week with nearly twice as many signatures as required, voters could sidestep county authority and directly approve construction of the 551-acre dump near the mouth of the Ojai Valley.

McBride concludes, however, that the initiative goes further than the law allows in granting planning powers to voters. He finds that the measure probably would improperly amend county zoning laws by making them inconsistent with the county’s general plan for development.

It would also probably violate state zoning standards, he said.

Backers of a Weldon Canyon dump said they have long expected to defend their initiative in court and are certain it is legal.

“We think we are right and if it does get litigated, we will prevail,” said Richard Chase, general partner of Taconic Resources, the San Diego County firm that proposed the initiative and has an option to lease Weldon Canyon.

“We have reviewed other initiatives and the court cases and legislation related to them,” Chase said. “And we are confident that they are valid.”

The Weldon Canyon measure has received strong backing from east county communities farthest from the dump and some west county cities that already have landfills near them. But it is strongly opposed by Ojai and Ventura, the cities that would be closest to the new dump.

Ojai officials have promised a lawsuit to block it. Both the Ventura City Council and the County Board of Supervisors next week will consider resolutions formally opposing the initiative, which opponents say divides cities and prevents debate before local decision-makers.

Most supervisors announced their opposition to the dump last year, forcing rubbish giant Waste Management of North America to withdraw its application. But Taconic revived the issue as a ballot initiative this year after securing control of Weldon Canyon.

On Monday, supporters apparently qualified the measure for the ballot by recording petitions with nearly 33,000 signatures, far more than the required 18,753.

Supervisors Susan K. Lacey, Maggie Kildee and Maria VanderKolk--the board’s three opponents of a Weldon Canyon dump--could not be reached for comment on McBride’s findings.

But according to the memo, it was Kildee who asked the county counsel to prepare his 17-page analysis of legal issues raised by the initiative.

Supervisors John K. Flynn and Vicky Howard, who are either neutral or favor a Weldon Canyon dump, each said McBride should not have been asked for such a time-consuming report without the cost being approved by the full board.

“It’s one thing to be against Weldon Canyon, but it’s another to attempt to get the whole thing ruled illegal,” Flynn said. “And I just think that’s a political misuse of the county counsel office by Maggie.”

Howard, of Simi Valley, said she had not read the analysis but believes it is time for the west county to take care of its trash-disposal needs.

“We have spent 23 years trying to find a suitable west county location for a landfill,” Howard said. “So it’s time to stop talking about this. And if the way to get it to decision is on the ballot, then it should be done.”

If McBride is right, however, voter approval of the landfill could prompt a flurry of legal problems, since it would probably violate the state Constitution by granting special privileges to Taconic.

Also, even under the initiative, the county would retain certain powers that could be used to block the project, McBride found. Even with voter approval, the landfill would require county grading and building permits to construct the dump. And the county is not precluded from denying those permits, he said.