TALE OF THE TAPE HAUNTS COUNCILS RULING LEAVES THEIR ROLE NEBULOUS.

Byline: Carol Rock Staff Writer

SANTA CLARITA - The recent Superior Court ruling that determined the Agua Dulce Town Council was a legislative body governed by the state's open-meetings law sent shock waves through town councils surrounding the sleepy equestrian community that borders Santa Clarita.

The ruling was in a lawsuit that claimed the council, which advises Supervisor Michael D. Antonovich on local issues, was in violation of its charter because it didn't have a set meeting place, no longer recorded its meetings and didn't release copies of records in a timely manner.

The reality is that the member of this rather casual panel who owned the tape recorder was no longer on the council and that Antonovich's office has held these advisory groups at arm's length - allowing them to make their own rules and handle any records they produced.

``The council had stopped electronically recording meeting, not out of a desire to withhold information from the public, but only because one council member, who had previously done the recording, did not run for re-election and left the council, taking his equipment with him,'' Agua Dulce Town Council attorney Christine Kudija wrote to the court.

``Since no one had ever asked the (council) for copies of meeting recordings, the (council) did not act immediately to replace the equipment.''

The Town Council has no budget or staff, said President Andy Fried, who noted he personally pays for many office supplies, phone bills and other expenses.

The court ruling at this point, however, is moot - following the edict, four of seven members resigned, leaving the council with no quorum.

Other area town councils wonder what the future holds for outlying areas like Castaic and Agua Dulce that have no local government and offer input to the county through these quasi-official bodies.

``This will have a profound effect on how town councils operate,'' Castaic Area Town Council President John Kunak said. ``I think this serves to elevate the position of town councils now that they've found us to be legislative bodies. The county wants our input but if the court raises us to a higher level, I'm not sure the county is going to still want us in place.''

At the request of Antonovich, several elected town councils have been established in unincorporated areas of his sprawling North County District to advise his office on local issues.

``Even if Agua Dulce is solely named in this lawsuit, all it takes is one more town council to be challenged and they will be able to cite this case as precedent,'' said Wayne Argo, president of the Association of Rural Town Councils, a volunteer group in the Acton-Agua Dulce area and eastern Antelope Valley that provides guidance and information to town councils.

If the judge's final ruling is that all town councils must comply with the state Brown Act, that requires public business be done in public, there could be a shift in the level of community involvement because of potential liability, including financial obligations. Argo said that those who serve usually expect to invest some of their personal funds in the cause.

``If you love the community and want it to remain viable and a good place to live, you have to be involved. You have to put out time, effort and sometimes money,'' Argo said.

Antonovich, whose 5th District 2,843-square-mile district encompasses the largest number of unincorporated areas in the county, as well as 18 town councils, is adopting a wait-and-see attitude.

Paul Novak, planning deputy for Antonovich, said the supervisor has directed county counsel to look into the issue and its ramifications, but is reserving comment until the final ruling. Novak also compared the advisory capacity of town councils with those of all other constituents.

``Anyone who writes a letter or calls the supervisor or testifies at a Board of Supervisors meeting is providing input and advice to the county,'' he said. ``Town councils have no budget or staff, they were created independent of any formal action on the county's part.''

Town councils were established as one of several avenues of communication, said Millie Jones, Antonovich's local field deputy.

``We count up all the e-mails and letters and consider them as well,'' Jones said. ``The councils have always been told they serve at arm's length from the county. The supervisor was disappointed in the ruling because their autonomy is what gives them credible feedback.''

Paul Ash, a member of the West Ranch town Council, representing Stevenson Ranch and the new Valencia Westridge community, said his group tries to keep meetings open. But as a volunteer council with no funding it's tough to follow the letter of the open-meetings law, which requires meeting agendas be posted 72 hours in advance.

``We're just going to continue on in that vein and move forward in the way we have, open and obvious and hope for the best. We've always complied in spirit, but I can't say in the letter of the law.''

Christine Kudija, attorney for the Agua Dulce Town Council, has filed her response to the suit, contending that the council still does not qualify as a legislative body.

``It all came down to a strict interpretation of the terms 'town' and 'advisory' defining legislative bodies,'' she said. ``Public entity status only applies to nonprofit public benefit corporations when they are in charge of certain public infrastructures such as hospitals, ports or harbors.

``The Agua Dulce Town Council is a community association that chose the name 'town council' to have an identity. The problem is the public impression that they are a governmental body.''

Carol Rock, [phone]

carol.rock(at)dailynews.com