Minutes of Agua Dulce Town Council Meeting

AGUA DULCE TOWN COUNCIL UPDATE June 14, 2000

ROLE OF THE TOWN COUNCIL: According to the Charter and Bylaws of the Agua Dulce Town Council (ADTC), the purpose of the ADTC is as follows:

1. To serve as a common meeting place for the free expression of all views and for the coming together of diverse opinions into a consensus.

2. To discuss issues concerning Agua Dulce, to invite participation by the public, civic and private organizations.

3. To serve as Agua Dulce's representative and to speak on behalf of the community.

4. To review public and private proposals that may affect the community.

5. To neither support nor oppose any political party or candidate.

The Bylaws, under Article 4, state: "The CHARTER does not impart any authority to the Council over any person or group with the exception that the Council is the only group that can speak for the community, this authority having been granted by the community when it approved the CHARTER. The Council cannot pass laws, and cannot levy assessments or taxes."

The Charter and Bylaws do not give the Council the authority to mediate disputes between individuals, or to require that one resident take a specific action. These documents do not require the Council to represent an individual resident in an effort to get a neighbor to obey county or state laws. The purpose of the ADTC is to provide an opportunity for the community to learn about an issue, discuss that issue, and then provide a consensus, which then becomes the official position of the ADTC speaking on behalf of the community as a whole.

It appears that some neighbors misunderstand the role of the Council and the authority granted by the community to the Council when it was established. They appear to feel that Council members should be willing to fight their neighbor-to-neighbor battle for them. The assumption seems to be that the Council should write the letters, file the complaints and appear at any hearings which may be part of the legal process in a dispute between individuals. This authority was not granted by the Agua Dulce community to the Town Council when the Charter was approved in 1991. Members of the Council MUST stay within the specific guidelines of the Charter and Bylaws, or the organization and its members will be open to legal challenge. It must also be remembered that ADTC members are volunteers, who also have home and work demands on their time.

Over the past six months, community members have come to the Council for help in resolving issues like loud noise, and excessive flies or dust coming from a neighbor's property. Because there is no provision for Council participation in these individual disputes, we have referred these residents to the applicable county or state department. Over this same time period, the Council has had discussions with the Sheriff's Department, and the Los Angeles County Regional Planning Department, Zoning Enforcement Section, regarding improvements needed in enforcement of laws on the books dealing with noise, dust and other issues. The Council also co-sponsored a Noise Forum where, to quote the Council's Charter, it served "as a common meeting place for the free expression of all views and for the coming together of diverse opinions into a consensus". In other words, the Council may deal with the broad issue, but not the specific, neighbor-to-neighbor dispute.

If the community, as a whole, wishes to give the ADTC the authority to mediate neighbor disputes, and enforce laws regarding noise, dust, etc., then the community must come together in consensus and change the ADTC Charter and Bylaws.

TRANSIT MIXED CONCRETE (TMC): Perhaps the TMC project presents the clearest understanding of the role of the ADTC. When the TMC environmental impact documents were first made available in February 1999, the Council formed a community Joint Study Group in conjunction with the Civic Association. This group began, and a few individuals finished, a nine-month study of the TMC project and its potential impacts on our community. The Council and Civic then began publishing information in order to inform Agua Dulce residents of the breadth and depth of the plan. Extensive discussions were held during regular Council meetings (open to the public), information was distributed at various community events, and residents were encouraged to attend a variety of public hearings held by the BLM, L.A. Regional Planning, and the City of Santa Clarita. A petition was circulated by Safe Actions for the Environment (S.A.F.E.), which indicated that far more than a majority of residents were against large-scale mining in Soledad Canyon. In short, the Council lived up to its purpose by studying the issue, providing extensive learning opportunities to Agua Dulce residents, determining a consensus of the community, and then representing that consensus to the world in general at every opportunity.

The Council has now received two copies of the 8-volume Final Environmental Impact Study (FEIS) published in early June by the Chambers Group on behalf of TMC. In addition, the full version will soon be available over the Internet. Dawn Kimball, Web Mistress for the Council's site (aguadulce-ca.com), will provide a link to the BLM so that interested community members may read the entire document. If you would like to order a hardcopy for yourself, either in book form or on CD Rom, please contact: Ms. Linda Brody, Chambers Group, Inc., (949) 261-5414, Ext. 237. Comments regarding the Proposed Action and the FEIS should be sent to the BLM's Palm Springs - South Coast Field Office, ATTN: James G. Kenna, Field Manager, 690 West Garnet Avenue, P.O. Box 1260, North Palm Springs, CA 92258, prior to July 3, 2000. The Council has sent a letter to Mr. Kenna of the BLM requesting an extension of the July 3rd date for a period of 6 months in order to study and inform our community members regarding this revised and recirculated EIS.

The "preferred alternative" identified in the FEIS is the Reduced North Fines Storage Area (RNFSA), combined with the addition of a conveyor belt which will take mine debris over to the north side of the mountain for storage. This alternative revises the planned series of mining cuts, allowing more storage of debris on the south side of the mountain through approximately the first 15 years. "While the visual impacts would remain significant, there would be a reduction in the overall visual impact on the north slope in terms of the length of time that the visual impact of the North Fines Storage Area would occur prior to reclamation…" "Under this alternative, mining would bring the peak ridgeline elevation down by 80 to

150 feet, retaining between 50 to 80 feet more of the peak ridgeline elevation as compared to the Proposed Action." (FEIS, page 3-447) Other critical issues, such as water, dust, traffic, etc., have also been addressed by TMC in the FEIS.

Once again, the ADTC, along with the Civic Association, the Acton-Agua Dulce School District Board of Trustees, the Acton Town Council, S.A.F.E and the City of Santa Clarita are immersed in a detailed study of the issue and the lengthy FEIS. In order to fulfill our obligations under the Charter, the ADTC requests that you also educate yourself. Are the changes made by TMC to the Proposed Action sufficient to remove your concerns, and change the Agua Dulce community's previous consensus that the Council should oppose this mining project?

If the community's consensus remains in opposition to the TMC project, then you will need to consider the following. The ADTC has no money to hire even a single expert, or an attorney to represent the community. Although the City Council of the City of Santa Clarita has indicated that they will consider allotting money in their new fiscal 2000/2001 budget to fight the TMC project, the expertise and legal representation this money may provide may not adequately address Agua Dulce's concerns. Our community, of course, would be better served by expert advice and legal counsel. The ADTC, however, has no funds to pay experts to address these concerns. Council members are volunteers with limited time and resources to contribute. If you are still in opposition to large-scale mining in the Soledad Canyon area, it is time for you, and every other community member, to stand up and protect yourself and your family.

What can you do? Do your homework, attend public hearings and Council meetings, and write letters to the BLM and each of the members of the Los Angeles County Board of Supervisors. Explore your options. If community members donate sufficient money, the Council may be able to hire the expertise needed in order to effectively present the community's concerns about TMC and large-scale mining in Soledad Canyon. That's just for starters.

DONATIONS: The Council wishes to thank the six community families and one business which donated money in response to the two pleas published recently. Although the total of $450 is not even close to what is needed, we do appreciate the generosity of these individuals and businesses.

OTHER NEWS:

LIGHT RECREATION & RESORT ZONING ORDINANCE: The proposal for a new, R-R-L zoning category has been withdrawn by the Los Angeles County Board of Supervisors due to overwhelming citizen opposition. WINERY ORDINANCE: The Regional Planning Commission hearing on a proposed zoning ordinance which would permit wineries in agricultural zones has been continued to July 19, 2000.

AGUA DULCE AIR PARK: According to developer Barry Kirshner, he has received over two dozen phone calls from area residents with questions regarding the proposed project. Barry stated that all of the calls have expressed support for the tentative design which Barry unveiled at the Council meeting of May 24th. Currently in a 75-day escrow on the 190-acre parcel, the Due Diligence Period ends on June 30th. If you have questions for Barry, you may reach him at (480) 922-0443, Ext. 203.

COUSSOULIS DEVELOPMENT : According to a Coussoulis representative, a meeting was held with the Acton-Agua Dulce Trails Council on Saturday, June

17th. After walking the property together, an agreement was reportedly reached to connect the Coussoulis project to more trails throughout the Agua Dulce community, and from the Sierra Highway project entrance to Acton. A meeting was also held between a Coussoulis representative and a couple of residents whose property borders the Sierra Highway entrance to the project in order to discuss blending access roads and providing an attractive entrance for all property owners.

EMAIL: Please remember that your comments, views and suggestions are valuable. You may contact the Council through its website (AguaDulceCouncil@aol.com ), by fax to (661) 268-7325, or by mail at 33201 Agua Dulce Canyon Road, Box 8, Agua Dulce, CA 91350. We look forward to hearing from you.

Warm regards, DIANE TERITO, President AGUA DULCE TOWN COUNCIL

Agendas and minutes index
Agua Dulce Town Council page
Vanguard News Home page