Acton Town Council Regular Meeting Minutes April, 18,2016 Approved

1. Flag Salute & Roll Call – The meeting was called to order by interm President Tom Coston at 7:34pm.  Present at the meeting were Katherine Tucker, Jacki Ayer, Tom Coston, Pam Wolter, Ray Billet and Kelly Teno.
2. Minutes of the last meeting – All members have not reviewed minutes, they are tabled until the next meeting.
3. Treasurer’s Report – Pam Wolter reported the checking account balance is $1,264.27, no receipts, no disbursements.
4. Sheriff’s Report – No report
5. Library Report –  John Elford, the librarian, reported that the early April book sale was a success.  There were many questions about the tape on the window.  A rock had hit it and the window has been fixed.  The art work on display at the library is from Bill Dowd, the photographer for Shambala Preserve in Acton.
6. Announcements & Correspondences – Tom Coston announced the resignation of the Acton Town Council President, Christopher Croisdale.  According to the ATC By-Laws a resignation from the council is immediate and can not be rescinded.  We are also Brown Act compliant with regards to his resignation.  Comments and questions on the ATC website included, What are the %’s of the districts commercial, industrial, residential, brush, and high rise.  It was suggested to give him Regional Planning GIS link.  Also a resident asked to keep Acton rural, no drive thrus, why does Primo Burger need one.  Another resident asked about the signed letter sent to Regional Planning about the Primo Burger project.  Jacki will send the letter to Tom Coston and he will post it on the website.  Another resident expressed concern about the storage on Red Rover and Sierra Highway.  He has called Regional Planning twice and has no answer.  Pam is sure it is all up to zoning code.
7. ATC 501C3/4 – Tom asked audience member Chris Croisdale if he could report.  Randal Fink is finishing up other things, he is continuing work on our by-laws, and working on liability insurance.  He brought question forms for ATC members to fill out and get back to him.  He should finish by-laws by mid May, and working with us by the end of May, then finalize afterward.
8. Community Comments – Comments allowed on agenda items only (3 min. allotment per speaker may be imposed) – No comments
9. Primo Burger Developer / ATC Roundtable Discussion Specialty Retail Uses –  Country Club Feed owners Doug and Joanna Gaudi were invited up to participate in the roundtable discussion.  Tom began by explaining that the ATC had a meeting with Edel Viscaro from Supervisor Antonovich’s office to explore options on keeping businesses community serving and not freeway serving.  The missing traffic signal warrant analysis.  The dedication of the Daryl Readmond Multi-use Trail and how they will be moving forward.  Edel suggested to talk with the Gaudi’s and find out what they feel are good uses for the Specialty Retail space and what their intentions are.  We will then submit them to Edel and he will try to get them into the record at Regional Planning.  Joanna started off by saying the traffic study does include Antelope Woods.  ATC member Jacki said the traffic study is quite different than the one that is on record at Regional Planning.  Joanna said this traffic study took over a year to complete and the County has two different traffic studies and they are using the wrong one.  Today they followed up with the architect and told the ATC the signage issues had been fixed on the plans, but the lighting had not been fixed yet.  The building will not be built up to the road so there should be no issue for a future trail.  Jacki asked if this was how the plans would look by the July 6, 2016 deadline with Regional Planning.  Joanna said the lighting will also be fixed to meet the requirements Regional Planning asked for.  They said in 2007 there was a list of possible uses for the retail (Exhibit A).  The Gaudi’s said they scratched of all the food retail that the ATC could be concerned about.  In turn the only way they would do this is if the ATC allowed the drive thru.  They felt that the Primo Burger owner gave very good reasons for needing the drive thru.  They felt that the drive thru would only serve the community.  Again they were asked if the owner would consider take out windows and take out spaces that lots of restaurants have that are not fast food.  They said he would not and that Primo Burger would only survive if they had a drive thru.  Their plans are to have a feed store and hopefully down the road if they sell it will remain a feed store.  Joanna felt they had given and compromised for the town of Acton why cant we compromise and give the drive thru.  Pam asked her what did they give Acton.  Joanna’s response was they changed the signage, they are going to change the lighting and they gave the trail.  Pam pointed out that it was Regional Planning that asked for those, they are in Acton CSD’s.  Joanna said they have come to the Acton Town Council repeatedly to tell us about Primo Burger and Talk about the Feed Store.  It was said the last time prior to the 4-04-2016 meeting that Primo Burger had come and spoke was August 2013 and the last time the Gaudi’s had come prior to 4-13-2016 was December 2013. Ray Billet said that the ATC has always been against drive thrus.  Jacki said the community strongly supported the zone change for the property in 2007.  It had no drive thru and constraints on the retail.  Joanna said that project died.  Joanna said they have 404 petitions signed and 285 were from Acton residents, some from Agua Dulce and some from Palmdale but they are really Acton residents on the border.  Also the letters that the PR firm sent out came back with 96 positive and 31 negative results.  These letters went out to all households in Acton.  Pam said a resident had given her quite a few of the letters or flyers that had been found in the trash at the Post Office.  Joanna said they probably just didn’t know what it was.  It was pointed out that it was a really nicely done color brochure.  Pam told the Gaudi’s that she had looked at their petitions in the Regional Planning package and there were not as many Acton residents, there were Agua Dulce residents, Palmdale and some from out of state.  Doug Gaudi got a little heated and accused us of calling he and his wife liars and then got up and left.  A resident said that 285 people said yes but there are about 7500 people in Acton.  Someone else said they don’t really see the support.  Tom said, Regional Planning actually opposed their project.  They are opposing the project because it doesn’t follow the AV Plan.  Ray said we have to represent the community.  One resident said if we give Primo Burger the drive thru,  Taco Bell will come back and everyone will get a drive thru.  Someone brought up that Primo Burger has sold buildings in the past, they could sell to a fast food chain if there was a drive thru.  Tom felt we should let the land use go on this project and work with Regional Planning and planners for future projects.  Jacki felt we shouldn’t let this go and we should appeal the conditions on the retail use.  An resident felt consistency and transparency would get us through and we could work on conditions after.  It was also brought up that what do we do in 5 years when Starbucks and Togos wants to go in.  Another resident felt they meaning Primo Burger/Country Club Feed needed to go fight the drive thru for themselves and ATC can’t go back now and say we approve the drive thru.   Jacki Ayer made a motion that in the event the Department of Regional Planning is either unable or unwilling to revise the approved project in a manner that includes constraints to limit uses in the retail space to low intensity uses, the Acton Town Council appeal conditions 17, 19, and 21.  This motion does not appeal the project approved by the Planning Commision, rather it appeals certain conditions imposed on said approval.  In the event the county finds a way to implement the project revisions that are sought by the ATC before the appeal is heard by the Board of Supervisors, then the ATC will rescind its appeal.  Ray Billet 2nd the motion  Tom asked for discussion.  One concern with #19 is that by appealing we could be opening up the drive thru for Primo Burger, can we appeal only one line in the condition.  Jacki hopes to get an answer on that by Tuesday 4-19-2016.  There were more concerns that if we don’t appeal that we will not be able to have say on the type of retail that can go in even if we get Regional Planning to work with us on future projects. Kelly Teno moved that the motion be amended, that in the event that Regional Planning is unable to revise the approved project as stated in the original motion that we appeal only if Primo Burger/Country Club Feed does not appeal,  Jacki accepted the amendment, there was no 2nd to the amendment.   Jacki Ayer rescinded the original motion, Ray Billet 2nd the rescinded motion. After voting the motion was rescinded.  It was decided to get the answer from Regional Planning and be ready to appeal.  Jacki Ayer made a motion that if the ATC learns from the Executive Office by 4-19-2016 that an appeal of a portion of a condition would be constrained to a portion of that condition and Primo Burger/Country Club Feed does not appeal then the 1st motion to appeal would stand.  Ray 2nd the motion. After vote the motion passed.
10. Vacant Council Seats – Applicant Angela Togia – presents to ATC and community –  Angela said she is a 19 year Acton resident.  She has participated in ATC meetings in the past.  She is concerned with Regional Planning not listening and wants to preserve our community.  She feels she should take action and not just talk about it.  Jacki asked her what she felt about freeway serving businesses.  Angela feels no freeway serving only community serving.  Tom asked what types of development should Acton have.  She answered a Nail Salon maybe a Starbucks but no drive thru.  Pam feels Angela is a lot like we all are and moved here for the rural atmosphere.  She stated she is not pro building and that major issues seem to lead back to Regional Planning.  When asked about the Catholic Church she said there should be every attempt to meet community standards, but we can compromise.  we need to represent the majority of the community.  She said she is employed full time and would do as much as she can.  Tom Coston made a motion to appoint Angela Toghia to the Acton Town Council for the remainder of the term, Pam Wolter 2nd the motion, the motion passed.  Angela was asked to have a seat with the ATC.
11. Committee Reports – Planning, Coordination, Trails & Open Space – Javki reported that the ATC should coordinate and meet with DPW, RP, and work with Agua Dulce Town Council on the trail.  High Speed Rail – Pam reported that we got over 1000 names on our petitions.  She has a conference call on 4-19-2016 at 2pm with the people doing the petitions.  She passed out an article about HSR to ATC members, and also the notes from the Hanford Group.  At the HSR Board Meeting the maps didn’t match.  All our routes through Acton are worse.  The forest routes have more above ground sections and the SR14 will take out more homes at Red Rover Mine Rd.  Publicity & Assoc. of Rural Town Councils – No Report  Finance Ways & Means – Pam reported the ATC checking account name change has not been taken care of.  We do no have the keys to the ATC safety deposit box.  The only trails map has been given to Pam and Jacki has it now.  By-Laws  Community Standards & Decorum –  Liability Insurance for the ATC is being worked on.  Edel said Katherine Barger seemed very amiable to helping town councils pay for insurance.  Public Works & Utilities – No Report  Emergency Response & Disaster Planning – No Report  Beautification, Illegal Dumping and Perspective – No Report
12. Unfinished Business – None
13. New Business –  A fundraiser for the ATC at Don Chatos , May 2, 2016 from 5:00pm till closing.  Mention the ATC and part of the proceeds go to the ATC.
14. Open Forum – Subjects not on the agenda only – (3min. per speaker) –  Kim Tong from the California Alliance For Retired Americans invited everyone to The 25th Congressional District Candidate Forum,  May 13, 2016 1:00pm to 3:00pm at the Chimbole Cultural Center, 38350 Sierra Highway, Palmdale 93550.  Come mingle with the candidates.  She passed out a flyer.
15. Meeting was adjourned at 10:33 pm next scheduled meeting 5-02-2016 @ 7:30 pm at the Library.