Acton Town Council Regular Meeting Minutes October 2, 2023 Approved

1. Call to Order, Flag Salute, & Roll Call – The meeting was called to order by President Jeremiah Owen at 6:34 pm.  Present at the meeting:  Jeremiah Owen, Jacki Ayer, June Perkins, and Kelly Teno.
2. Community Comments – A resident spoke about plans they have to build past Santiago.  he was advised by the County to come to talk to the ATC since it had been since 2012.  We will schedule them on October 16th agenda.  They were asked to send their plans so they could be posted on our website and reviewed.
3. Announcements & Correspondence – The owner of Arco informed the ATC via email that there is an interest in constructing a Carl’s Junior with a drive through on the adjacent parcel across from the High Desert Middle School; the owner has also indicated an interest in developing other types of commercial uses.  He has been invited to present his ideas at an upcoming ATC meeting.  An update on the Illegal RV Park on Smith Street: In late July, the EPA moved for a default order against the property owner that will deem him liable under section 1423(c) of the SDWA for violating the regulatory prohibition on large capacity cesspools.  Once this motion is granted, the cesspools are mandated for closure within 60 days.  LAHSA and other resources were made available to relocate people from Cali Lake; how do we get similar resources for Smith Street RV Park.  There is a meeting scheduled between the ATC, Public Works, and RWQCB to address nitrate concerns in the vicinity of Well #4.  We have a meeting scheduled with Regional Planning, Public Works, and Fire to address the proposed changes to the zoning and subdivision code, which among other things, will require paving to county roads for subdivisions and other unnecessary things and eliminating key language regarding private and future streets.  The Department of Animal Care and Control has noted a increase in the incidence of parvovirus in the Antelope Valley affecting dogs.  At the ATC meeting on November 6, 2023 staff from Public Works will present design concepts to enhance safety at the intersection of Sierra Highway and Santiago Road.
4. Representative Update – None
5. Library Report – None
6. Sheriff’s Report – None
7. Battery Project Update –  The County Cancelled the September 6th meeting with the ATC that was scheduled to discuss the Humidor BESS transmission line franchise agreement; however, we received a follow up email from the County stating that the meeting will be rescheduled as soon as the County has analyzed the issues raised in the appeal of the Notice of Exemption that was issued for the Humidor Project.  The Humidor Project was approved by the Department of Regional Planning via a site plan based on two separate and distinct determinations that were set forth in an interpretation memo issued 2 years ago that we did not know about until January.  Ruth Brock (Acton Takes Action) and Jacki Ayer were at Perkin Up to talk to residents about the project and the ongoing appeal and lawsuit brought by SORT.
8. Buddhist Center –  They applied for a permit and came to the meeting to talk to us.  Jacki explained that usually we get site plans and put them on our website and review them and get community input.  They gave us their site plan and we will put them on our website and take community comments.  One resident spoke about the tall Buddha and its color and how it stands out.  The statue is 25 feet tall and our CSD allows for 7 feet or less.
9. Blalock Shared Well –  There are 2 parcels, one is 15 acres with a well.  They are doing a Minor CUP for the shared well and are going to hearing on October 17, 2023 @ 9:00 am.  The ATC wants to make sure that the easement will still be able to be used by the public when future streets goes away in the code.  Jacki Ayer made a motion to ask for a condition to be added for an offer of dedication with an in lieu public easement if one does not already exist and then a letter of support because the applicant has agreed.  June Perkins 2nd the motion,  The motion carried.
10. Short Term Rental Ordinance – Tabled
11. Thousand Trails Zoning Confirmation –  Thousand Trails (TT) is proposing new improvements at their RV Park to provide 30 premium covered campsites.  This will require a permit from the State’s Department of Housing and Community Development (HCD) but HCD cannot issue a permit until the County certifies that the property is operating in compliance with the Zoning Code.  TT has already made extensive improvements to the facility without County’s zoning conformance approval.  TT is operating without a CUP and it continues to violate its WDR Permit issued by RWQCB because it has not submitted any of the required reports.  The Water Boards issued a notice of violation in June but they have still not complied.  The application that TT submitted for the “Zoning Conformance Review” states that the property owner acknowledges that any unpermitted structures or uses must either be removed or legalized as part of the application.  This means that TT is aware that it must be brought into conformance with the County Code before the County can issue a Zoning Conformance Certification.  Among the items up for discussion are 1)the fact that TT has revamped the entire campground even though it has no CUP and the County is doing nothing about it.  2)  whether HCD should be informed of the situation  3)  whether HCD should be notified TT is not complying with its permit conditions or the Federal Clean Water Act or California’s The Porter-Cologne Act and 4)  request a meeting with DRP to discuss the TT.  Jacki Ayer made a motion to submit a CPRA request regarding Thousand Trails from 2019 and submit a comment letter concerning their zoning conformance request.  June Perkins 2nd the motion.  The motion carried.
12. Telecom Project –   are two projects; one at 4796 Sierra Highway.  Recent communication indicates a disinclination to accept that the LA County Wireless Ordinance applies to the project.  Every CUP issued for this project has stated that, upon expiration , entitlement to the use of the property thereafter shall be subject to the regulations then in effect .  There is a billboard on the property that was constructed sometime before 1991 and falls under the jurisdiction of both the County and Caltrans.  It was required to obtain both County and Caltrans permits before it was constructed.  Jacki has been to Building and Safety and with the help of County staff have reviewed the permits on file including microfiche records going back to the 1950’s and have found no record of a permit for this billboard.  The AV Area Plan in effect since 1986 prohibited billboards.  Caltrans has only one page of information on this billboard .  When the original CUP was issued for the cell tower, Regional Planning asked for the billboard to be removed before the cell tower could be approved.  The property owner refused.  The County initiated an investigation into the installation of the billboard.  The County has since lost the investigation file.  Item for discussion; Whether the telecom facility should comply with the current code and request for an inquiry into the permitting and licensing of the billboard on the property.                    The 2nd project is at 415 Sierra Highway; Alterations are proposed for the telecommunication equipment, since the CUP was originally issued around 2006, several additions have been made to the equipment.  The property has 5 billboards on it, all are illuminated and appear to be heavily reinforced.  They are all under the jurisdiction of the County and Caltrans.  According to Caltrans records at least some of them are not approved for illumination and it appears that one or more may not have Caltrans permits.  In 1998 Building and Safety issued a permit to allow one of the billboards to be reinforced and another to bring electrical service to the billboard.  Because the billboards were non-conforming uses in 1998, the reinforcement and electrification that was done should have been subject to zoning review but was apparently not because Regional Planning records do not indicate plot plans or any permits for billboards at this location.  Items for discussion are whether the telecom facility should be permitted to be revised when there are so many billboards on the property that have apparently been upgraded without permits and the permits that have been issued appear to have been issued in a manner that contradicts the CSD , also find out when the CUP expires and whether it will comply with the new ordinance.
13. WWD37/RWQCB –  The Well #4 nitrate concerns are not coming from residential septic systems.  We have had this discussion in the past with the County and they need to focus on the main sources which are Thousand Trails and Delta Rescue (while they pick up all their solid waste, urine turns to nitrate).
14. Election – We need Pam to check the mailbox.
15. Treasurer Report – None
16. ByLaws – Tabled
17. Minutes – Tabled
18. Councilmember Comments – Comments included: a letter from the County about registering rentals.  Senior Bus going to Santa Clarita.  A check was presented to the ATC from profits from the sale of “Don’t BESS with Acton” t-shirts.
19. Committee Reports –  The following Committees had reports;  ARTC – County was at the last meeting talking about the Short Term Rental Ordinance, they don’t believe there should be any concerns.  Utilities – General Order 131 states that batteries can be put on properties without going through the CPNC process.  Jacki announced that the Board of Supervisors adopted a motion for rural services.  She would like to be able to go look at Land Records in Lancaster like before Covid and then having to go to Norwalk.
20. Unfinished/New Business –  The Board of Forestry and Fire Protection is requesting public comment to assist and improve subsequent rulemaking efforts and in particular is asking for comments pertaining to issues encountered in achieving compliance with regulatory standards, including potential solutions.  Comments are due at 5:00 pm on October 13 and we can send a representative to address these matters when they are heard at the Board in early November.  Jacki Ayer made a motion that we send a comment letter about the rulemaking problems and if possible provide comment at the BOFFP November meeting.  June Perkins 2nd the motion.  The motion carried.
21. Items for Next Agenda –  250 bed skilled nursing facility, RV Park, moving billboards, food trucks, short term rental, and joshua trees
22. Adjournment – 9:34 pm