CITY ATTORNEY BLASTS HAHN'S LAST-MINUTE SUNSHINE FIGHT.

Byline: Rick Orlov Staff Writer

Sharply criticizing Mayor James Hahn's past record on Sunshine Canyon Landfill, City Attorney Rocky Delgadillo has proposed a series of alternative strategies to try to keep the garbage dump in Granada Hills from reopening, according to his letter of legal advice obtained Tuesday.

Delgadillo said the mayor is seeking to stop the landfill's reopening at the ``eleventh hour'' when effective action should have been taken as long as a decade ago.

He notes in the March 13 cover letter to his formal legal opinion on the issue that Hahn was city attorney in 1999 and successfully defended a zone change and general plan amendment allowing the landfill to reopen and expand.

``The community lost its best opportunity to stop this landfill (at that point),'' Delgadillo said.

``As you know from your experience defending Sunshine Canyon's expansion, once a local government approves the zoning and other land use entitlements for a landfill, the cards are effectively stacked against a community trying to stop the landfill from opening.

``In essence, the city has historically acted against this community's best interests.''

During his 2001 mayoral campaign, Hahn raised objections to Sunshine and pledged to work to try to block Browning Ferris Industries from reopening it. Two weeks ago, he instructed the city's Department of Environmental Affairs to hold off submitting an application to the state allowing the reopening to proceed - a strategy he acknowledged could be illegal and fuel for a lawsuit, which is why he sought Delgadillo's advice.

The mayor's spokesman defended Hahn's actions as city attorney, saying he was carrying out the policy of the City Council and then-Mayor Richard Riordan.

``That's what put the city in a difficult position,'' Deputy Mayor Matt Middlebrook said. ``It was bad policy which Mayor Hahn opposed, but as city attorney he was obligated to defend the city or force the hiring of expensive outside counsel.

``The mayor has been consistently opposed to the expansion of the landfill and, as mayor, has taken numerous extraordinary steps to ensure the concerns of the North Valley are taken into consideration. He has listened to their concerns and has been working hard to stop the expansion.''

Councilman Hal Bernson, who represents the Granada Hills area and has fought the landfill for some two decades, defended Hahn.

``It was city policy and he followed that,'' Bernson said. ``He didn't have control over those things. From my standpoint, he also worked with us in 1992 to close the landfill and was very effective.''

Bernson said Hahn's problem in trying to block the landfill was the refusal of the City Council to provide funds to challenge it.

Delgadillo said he supports Hahn in his effort to block the landfill, but wondered whether it came too late.

``Unfortunately, your request for assistance comes at the eleventh hour of a lengthy permit process that began over a decade ago,'' he wrote. ``Success in fighting Sunshine Canyon will be challenging this late in the process. With the land use entitlements already approved and defended by the city, we are, in essence, attempting to un-ring the bell on Sunshine Canyon.

``However, preserving the quality of life in the Northeast Valley is simply too important for the city to concede.''

Delgadillo offered five options for the city in trying to block the landfill.

These include:

--Lobbying the state to oppose issuing an operating permit.

--Undertaking a ``novel'' legal challenge that the landfill is not in compliance with county plans.

--Seeking another zone change and general plan for the site.

--Leading a campaign for a ballot initiative.

--Directing all city departments to make life difficult for BFI by strict enforcement of all regulations.

Delgadillo, a deputy mayor to Riordan, was elected in 2001 along with Hahn and has been frequently mentioned as a potential challenger to the mayor in 2005.

While not denying his political ambitions, Delgadillo has said he would wait to make a decision on whether to seek a second term as city attorney and wait until 2009 to run for an open seat for mayor because of term limits.

Middlebrook said the mayor was studying Delgadillo's letter to determine how to proceed next.

``Whatever political agenda someone may or may not have is irrelevant,'' he said. ``What's important is how we pursue what is in the best interests of the North Valley.''

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(color) DELGADILLO