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DRAFT: Minutes Sep 14, 2005

NOTE: "El Sobrante Municipal Advisory Council" abbreviated as "ESMAC"
throughout minutes; El Sobrante Valley Planning& Zoning is "P & Z"

PLEDGE OF ALLEGIANCE

Meeting called to order at 7:00PM. Present were Ruby Molinari, Barbara Pendergrass, Hope Scott, Marilynne Mellander, Tom Mason, Wendi Gosliner, and Erica Peng. Ruby Molinari asked Barbara Pendergrass to lead the Pledge.

1. Approval of Minutes, 8-10- 2005

Minutes : The following corrections made: Barbara Pendergrass corrected item on pg. 2 to state "one chamber member, Bonnie Scott resigned." Eleanor Loynd asked for correction on property owner, Bill Oldenburg. Marilynne Mellander moved minutes be accepted as corrected: M,S,A. Wendi Gosliner asked that minutes be more brief and focus more on action items as there's a lot of reading and may not be necessary for a public record. Ruby Molinari stated she would bring in the WCAPWG minutes as they were complete and easier to read.

2. Treasure's Report

Treasurer's Report: Hope Scott reported $411.95 was in Treasury; $40.00 given to Chamber for booth at the Stroll.

3. Introduction of Speakers/Guests/Topics

DISTRICT 1 REPORT

Terrance Cheung handed out a flier for a coastal cleanup at Marina Bay and a parent's guide for W. County. He reported that Supervisor Gioia had meetings with Public Works regarding their role in the upcoming Town Hall meeting on the General Plan change. Christopher Lau of Public Works encouraged us to bring questions on the process to the Town Hall meeting where he will give a presentation including the charrette ideas. Also, the public can send him questions via email that he will address in the Town Hall meeting; he took no questions at the meeting. Terrance Cheung stated Public Works are primarily addressing traffic impacts on land use. Ruby Molinari asked when the Town Hall meeting would take place; Terrance Cheung stated it should be in the next few months and County staff would make a smaller presentation to the ESMAC prior to the public Town Hall meeting. Marilynne Mellander asked if the redevelopment plan had been taken off the table. Terrance Cheung stated that the redevelopment plan had not been discussed and would not answer if it had been rescinded. When Marilynne Mellander objected to no answer to this question, Ruby Molinari cut the conversation off. Marilynne Mellander asked what had happened to the Bylaws. Terrance Cheung stated this was on hold at present. Ruby Molinari stated she had a packet of information on the Bylaws ready for him and suggested he get together with Wendi Gosliner to complete the process including the insertion of the proper Board resolution regarding "business members".

[Charles Marino arrived at 7:10PM.]

4. Public Comment

Gene Harvey asked if Christopher Lau would be taking into account the fire district issues for his presentation. Terrance Cheung said mutual aid would be discussed at a meeting the next day. Mike Zeelen asked for clarification of Mr. Lau's statements. Paul Frees of West County Property Owner's Alliance advised he would like to speak on his group's stand against Measure J; Ruby Molinari advised him this issue was on the agenda and he could speak at that point. Elizabeth of SPAWNERS asked about street sweeping schedule on Appian Way and expressed concerns that debris washes into the creek; she advised her group had removed ivy on bridge at corner of Dam Rd. and Appian Way and asked if the ESMAC could ask Public Works to maintain bridge ivy removal and advise on homeless encampment under bridge. Eleanor Loynd asked we recognize Bob Sullivan former member of ESMAC was present. Wendi Gosliner asked that the street sweeping item be put on the October ESMAC agenda. A member of the public stated his confusion about the redevelopment plan. Terrance Cheung stated the County was only discussing land use along Dam Rd. and Appian Way via a general plan amendment. He further stated that when the 94803 Task Force had completed their studies, Jim Kennedy, (head of the County redevelopment agency) had suggested that redevelopment could be used to finance the changes. Now the County had decided to separate the general plan changes from the redevelopment and there would be no redevelopment discussions at this point.

PRESENTATIONS

P.1 Presentation by Lt. Donny Gordon, Bay Station Sheriff's Department on his monthly report on local crime issues.

No Sheriff's deputy was present to give this presentation.

[Tom Owens arrived at 7:30PM]

P.2 Presentation by Robert Drake, Senior Planner, Contra Costa County Community Development Department, giving information on the Environmental Impact Report process followed by the Community Development Department.

Robert Drake gave a presentation on the EIR process and how the public can comment on EIR's. He stated up front he wouldn't comment on individual redevelopment plans. He handed out an outline containing a flow chart of the CEQA process.

Comment of interest: The County can go ahead with "significant projects" even if the EIR contains significant impacts. Marilynne Mellander asked how much money the County spends yearly on EIR's; he replied the County passes all the fees on to applicants. Marilynne Mellander asked if CEQUA process was suspended in redevelopment plans; he replied he was not qualified to answer this question. Wendi Gosliner asked which projects don't need EIR's. He said this depends on which projects the County determines has impacts and the community is always involved. Some projects are exempt by statute e.g. the Olympics. Wendi Gosliner asked about public notification; he replied that all responsible agencies and abutting property owners have to be notified and indicate the public comment period. Rick Gulledge asked if the "downtown plan" was a County project; he answered that he wasn't involved with that project and wouldn't comment.

SHORT DISCUSSION ITEMS

(10 minutes per item) - The Council will consider and take action on the following:

SD.1 CONSIDER AND RECOMMEND the Crime Prevention Subcommittee be reactivated and appoint Erica Peng as the chairman of that committee as she has shown an interest in reviving it. (ALL)

Crime Prevention subcommittee: Ruby Molinari asked Erica Peng if she's head it up. Erica had contacted Mark Dobbs and he would be holding a meeting on Sept. 21 with neighborhood watch captains. Ruby Molinari expressed the opinion that the ESMAC should become involved; no one volunteered.

SD.2 CONSIDER AND RECOMMEND that the El Sobrante Municipal Advisory Council support Senator Tom McClintock's bill SCA 15 declaring that no personal property may be taken by eminent domain for any purpose other than public use as stated in the United States Bill of Rights. (ALL)

State Senator McClintock bill SCA 15: Marilynne Mellander advised that this bill never got out of the Judiciary committee for a floor vote by a 5 - 4 vote and McClintock is working on changing wording to be more protective of private property and get an initiative on the Nov. 2006 ballot.

SD. 3 CONSIDER AND RECOMMEND the El Sobrante Municipal Advisory Council appoint a subcommittee to investigate and report back on the West Contra Costa Unified School District's Measure J School Bond. (ALL)

Measure J School Bond: Marilynne Mellander asked the ESMAC not to support the bond. Wendi Gosliner wanted to find out more about Measure J. Paul Frees, a resident of Hercules and member of the West County Property Owners Alliance urged us to get a subcommittee together quickly so a recommendation could be made in time for input to absentee voters. He further this would cost property owners approximately $55 per $100,000 of property assessment with no senior exemption and wouldn't complete the ongoing school construction - more bonds would be necessary to complete the WCCUSD's building program. Ruby Molinari asked him to come back to the next El Sobrante MAC and advised an ESMAC subcommittee would get in touch with him for more information. Wendi Gosliner had hoped the ESMAC could take a position on Measure J at the next meeting. Mr. Corl stated this was a political matter and shouldn't be considered by the ESMAC. Terrance Cheung said his understanding was that the MAC's shouldn't be involved in taking positions on political matters. Marilynne Mellander asked for Terrance Cheung to verify with County Counsel if MAC's should be involved or take stands on "political" issues. Rick Gulledge stated his opinion that there was no restriction on MAC's taking stands on any issues or proposed legislation.

EBMUD REPORT [taken out of order]

Kati Foulkes gave her report at this point as she had to leave early. She announced a meeting on Wed. Oct. 5, 7PM at Olinda school on the EIR's regarding El Sobrante Dam. There are 2 options: 1) remove the dam or 2) strengthen the bottom part of the dam by injecting a cement slurry. They are at the point where they will bring these options to the neighborhood. Marilynne Mellander asked where the water goes that doesn't go into San Pablo reservoir because the reservoirs behind are full. Ms. Foulkes stated all water in San Pablo Dam comes from Pardee reservoir. She stated Briones was determined to be seismically safe and is always kept very full. She stated water from Pardee reservoir was sent to various places via aqueducts. She further advised that all attendees at first EBMUD meeting would receive notification of this next meeting; notes of preparation are online at ebmud.com, seismic upgrade, Contra Costa Co, EIR or call Jason Munkres at 287-0160. Eleanor Loynd asked for a flyer of meeting for the stroll. Rick Gulledge clarified the composition of San Pablo dam reservoir.

SD. 4 CONSIDER AND RECOMMEND action to be taken on Maurice Shui, Public Works Director, letter to Supervisor Gioia regarding development projects, sidewalks, and related issues. (ALL)

Maurice Shui letter to Sup. Gioia: Erica Peng and Barbara Pendergrass made comments on the letter. Barbara Pendergrass was concerned that the County was approving private roads that don't need sidewalks and wanted this issue addressed; she moved we send letter on questioning why private roads are being OK'ed without sidewalks with maintenance issues. Rick Gulledge said this was an old issue that a developer alliance had successfully fought. Mike Zeelen stated his opinion that this kind of motion would involved many more issues such as easements, drainage, etc. The motion was M,S,P w/1 nay. Ruby Molinari stated she would bring the letter to the next ESMAC meeting.

SD. 5 CONSIDER AND RECOMMEND setting policy for El Sobrante Municipal Advisory Council to review and comment on developments and building in El Sobrante area only, appoint a subcommittee, follow pattern of El Sobrante Valley Planning and Zoning Advisory Committee or what? (ALL)

Set policy for ESMAC in relation to P & Z: Rick Gulledge asked why this item was on the agenda as the Bylaws discussions had, in his opinion, settled this matter. Ruby Molinari stated the Planning Dept. wanted a letter from the ESMAC and the P & Z. There is an item on tonight's agenda that the City of Richmond wants us to consider. She further stated that Community Development sends projects to her and wants responses. Marilynne Mellander asked that we get the projects in time to make the decisions. Ruby Molinari stated this was a matter that needed to be worked out. She passed out the project information and stated response due by Sept. 21; since the person was not present we couldn't make a response. Wendi moved we appoint a subcommittee to study the ESMAC's role and set up guidelines as to how to proceed and report back with a framework. Mike Zeelen asked what would ask to the projects in the meantime. Bob Sullivan asked why the ESMAC was addressing P & Z issues. Ruby Molinari stated there was nothing precluding the ESMAC from doing their own research and writing letters - Community Development is requesting letters from the ESMAC on projects. Bob Sullivan read from document setting up the ESMAC regarding planning and zoning matters. Motion M,S,P w/ 1 abstention and 2 Nays. Rick Gulledge asked when the public hearing would be held on this subcommittee. ? moved that Erica Peng be named chairman of the subcommittee; M,S,P with 2 Nays.

PLANNING AND ZONING [moved up in order]

Misako Hill gave a short presentation on the installation of a Cingular Wireless antenna at 435 Valley View Rd. and Coach Dr. She stated that Judith Battle of Richmond had asked her to get the ESMAC and the P & Z to sign off on this project. She stated this antenna was to improve the coverage to Cingular Wireless customers in El Sobrante. She said the project hadn't been publicly noticed as she hadn't applied to the City of Richmond and will be located in the City of Richmond. John Corl asked about battery power - she stated it had 8 hours of power. Tom Mason moved to write letter of approval to Judith Battle: M,S,P w/1 abstention. After vote, it was clarified that we had actually voted on an item not on the agenda. The item we voted on was at 5500 Valley View Rd. Ruby Molinari stated it was in the agenda attachments. So...we will take the formal vote on this project at the next meeting.

SD. 6 CONSIDER AND RECOMMEND follow up on request to Supervisor Gioia to set a meeting with West Contra Costa Unified School District to discuss problems with violence at De Anza High School or as an alternate attend the Safety School Meetings being held by Karen Pfiefer, West Contra Costa Unified School District Board Member, at the De Anza School Library, next meeting 9-21-05 De Anza Library, 3:00 pm. (ALL)

Ruby Molinari advised WCCUSD would have meetings headed by member Karen Pfeiffer at 3:30PM on 9/21/05 at the El Sobrante Library meeting room to get community input on how to quell the violence at De Anza. Community volunteers are being asked to patrol the halls, but they need to undergo background investigations, be fingerprinted, etc. to do this work. Other controls discussed were cameras, locked gates, etc. Ruby stated that the ESMAC would not set up a meeting with Sup. Gioia and asked what members of the ESMAC wanted to attend the WCCUSD community meeting. John Corl advised that the 2nd Amendment of the Constitution and volunteers should be considered part of the organized militia. Ruby Molinari advised him to go to the meeting with the school board members. Jim Mellander stated the ESMAC had wasted time on trivial issues and the De Anza issue was of paramount importance. Paul Frees advised the extraordinary measures that have been taken in Hercules including the Hercules Education Commission to quell violence in the area and hiring a new principal who is a strict disciplinarian.

SD. 7 CONSIDER AND RECOMMEND comments on the Environmental Impact Report on the Afshar proposed development off Hilltop Road, El Sobrante area with letter to be sent to the Contra Costa Community Development Department.

DEIR letter regarding Afshar property: Barbara Pendergrass reviewed the letter to be sent to the Community Development Dept. and stated her opinion that the scope of the DEIR didn't match the County recommendation. She moved the letter be sent; after board and public comment from Marilynne Mellander, Wendi Gosliner and Rick Gulledge. In particular Rick Gulledge asked that language be added to the letter stated that the County (paraphrase) didn't follow CEQUA guidelines regarding traffic guidelines along Hilltop Dr. Barbara Pendergrass was not opposed to adding Rick Gulledge's language: M,S,P w/ 1 Nay.

SD. 8 CONSIDER AND RECOMMEND accepting the 'El Sobrante: A Vision for our Town 2005' submitted by Wendi Goslinger and Erica Peng as a pattern for the future toward which the El Sobrante Municipal Advisory Council should progress.

2005 Vision Statement: Wendi Gosliner stated this was written because meetings in March with Patrick Roche on general plan didn't reflect what community meetings wanted; this reflects a new way of writing general plans taken from a number of different areas and is a policy statement and is only a tool. She wants the ESMAC to push the statement to include the vision statement in any general plan change. In response to Barbara Pendergrass' concerns that more public input was needed, Terrance Cheung stated the first Town Hall meeting was cancelled because there was traffic, et al information that was not available and there would be time for public comment at the Town Hall meeting. Wendi Gosliner said this is a way for the ESMAC to proactively act while waiting for the County to finish the General Plan. Rick Gulledge stated his concerns about the document and asked that it be withdrawn as presently written. Marilynne Mellander asked why we are dealing with a vision statement that incorporates all of the redevelopment plan objectives instead of dealing with the actual County documents. Ruby Molinari was concerned as to the implementation of the points of the vision statement. Wendi stated we would probably come to a vote on a general plan change for El Sobrante soon and this kind of vision statement gives us a chance for input. Rick Gulledge stated that the County had suddenly stopped the process to change the general plan. On 1/18/05 the Board had a consent item that he and Mr. Martell had stopped. He said a vision statement of this kind was not the way to be proactive; it affects about 25,000 residents who may not agree with this document as written, in addition to the approximately 1 million people who use this community. Marilynne Mellander that the document didn't reflect her values and said nothing about the churches and church schools which are a valuable part of the community. John Corl said all planning should be eliminated; when he was growing up very nice communities were built without planning departments. Gene Harvey liked the idea of a vision for El Sobrante because planning and zoning work needs a vision to use as a reference; he didn't think there was enough "meat" on the document and may need refinement, but at least it's a start. Eleanor Loynd asked that no vote be taken tonight and ask for comments from the public at the Town Hall meeting. A member of the public stated the ESMAC should be proactive but this document wasn't the way to go. Barbara Pendergrass moved that a subcommittee be formed to refine the vision statement and be present it to the Town Hall meeting for input. A member of the public had concerns about taking traffic off Dam Rd. and shifting it to Hilltop Dr. and Appian Way that are currently overburdened with traffic. Rick Gulledge voiced concerns that the residential neighborhoods are being completely neglected. M,S,P with 1 Nay and 1 abstention.

SD. 9. CONSIDER AND RECOMMEND Submitting a letter of support to Supervisor Gioia for the changes to the Temporary Events Ordinance as written by the Kensington Municipal Advisory Council. ( Full ordinance in reading packet)

Temporary Events Ordinance: Terrance Cheung described sticking points to ordinance: Kensington MAC wanted only 2 events per year and County wants 3 events per year. Marilynne Mellander objected to ordinance as a partisan attempt by John Gioia. Barbara Pendergrass moved the ESMAC support the County's version of the ordinance. Mike Zeelen pointed out that SD.9 didn't address the County changes so no action should be taken as County plan not on the agenda. No second to Barbara Pendergrass' motion so it died. Wendi Gosliner moved the ESMAC moved to support 2 events/year; motion died.

A member of the public asked for a copy of the Bylaws as being presented to the Board; Ruby Molinari will send this to him.

DISCUSSION ITEMS

DI. 1 Clarification of Brown Act Advisory Handbook Letter dated July 10, 2002 Number 3,]. stating if an item is not included on the agenda no action will be taken on that item, however, if an item is included on the agenda action may be taken regardless of whether or not it is labeled as action item.

Terrance Cheung had no documentation so it was held over.

DI. 2 Draft letter to Public Works re: Sundstrom property on Sobrante Avenue

Sundstrom Ave. on Sobrante: Ruby Molinari stated the property was in the process of being sold and asked if ESMAC wanted to send a letter regarding drainage on Sobrante Ave. Marilynne Mellander stated the new owner will have to fix the problem and was opposed to setting up new taxing district for drainage. Mike Zeelen gave more information on the property sale and advised adjoining properties should do their own corrective work on drainage. Barbara Pendergrass stated we should send the letter as her opinion is that other residents will see the same drainage problem. Wendi Gosliner moved that Ruby Molinari call Maurice Shiu to see if other properties in the area would have drainage problems similar to that of the Sundstrom property: M,S,P w/ 1 Nay.

Installation of wireless antenna at 435 Valley View Road and Coach Drive, El Sobrante Area. Presenter Misako Hill. Cingular Wireless proposes installing a 9 panel antenna screened by fiberglass and an installation of equipment shelter next to building at 435 Valley View Road. A second installation of a pole disguised as a tree on Coach Drive with five equipment cabinets on the ground next to the pole.

INFORMATION ITEMS

10.1 LAFCO Agenda
10.2 Street Smart
10.3 Safe Routes to Transit Grant Application (Full application in reading packet)
10.4 Chamber of Commerce Letter re: position on ES Planning and Zoning Com.
10.5 West County Walkability Workshop
10.6 El Sobrante Planning and Zoning Agenda

STANDING COMMITTEE REPORTS

11.1 District 1 Staff Report- Terrance Cheung

Terrance Cheung advised that Sup. Gioia's office is soliciting applicants for school bond Citizen's Oversight committee; meetings are held on Wednesday nights from 6 - 9PM. Position is not paid but dinner is provided. Resumes should be sent to the Supervisor's office.

11.2 East Bay Municipal Utility District- Katy Foulkes [see above]
11.3 ESP&Z- Ruby Molinari

Eleanor Loynd gave a brief report

11.4 Traffic/Transportation - Marilynne Mellander

Marilynne Mellander gave report.

11.5 ES Chamber of Commerce- Tom Mason

Tom Mason reported road closures for stroll; Wolf Karate won the triathlon; Oct. 3 meeting at Boys Club to plan the Halloween Party

11.6 Grants/Fund Raising- Charles Marino

Charles Marino not present to give report.

11.7 ESMAC/Sheriff's Annex- Ruby Molinari

Ruby Molinari had no report.

11.8 Fire District- Marilynne Mellander

Marilynne Mellander reported no meeting this month; next meeting on Oct. 10.

11.9 CSA R-9 Committee- Hope Scott

Hope Scott reported the R-9 gave the Rotary Club $30 for LeMoine Park work; Tom Mason reported that construction wood had been stolen.

11.10 WCAPWG- Ruby Molinari

Ruby Molinari reported the group is having a picnic the next Monday.

11.11 Library- Barbara Pendergrass

Barbara reported $5000 made in book sales will go to Library

11.12 MAC Outreach-Tom Owens

Tom Owens reported there are 2 vendor passes for parking at the stroll and he has delegated some work to outreach subcommittee. Wendi will order a banner tomorrow and asked if we can put "El Sobrante MAC - Your Town Council" on the banner; Ruby Molinari will check on this with Terrance Cheung. Marilynne Mellander asked about using outdoor sign in front of library to post ESMAC meeting notices. Tom Mason reported he is working on an ESMAC website. Erica Peng reported there is a flyer that is the same for all the organizations.

11.13 ES Cleanup - Barbara Pendergrass

Barbara Pendergrass reported they may have 3 dumpsters; cleanup tentatively scheduled for Oct. 8. Tom Mason reported the Rotary will send a contribution for the cleanup.

11.14 El Sobrante Stroll- Tom Owens

Tom Owens covered under item 11.12

11.15 Boys and Girls Club- Tom Mason

Tom Mason said the kids would be singing the National Anthem at the Stroll.

11.16 El Sobrante Coordinating Council-

Public Comment: Ruby Molinari warned ESMAC members to clarify they're not representing the ESMAC when identify themselves at committee meetings unless they are authorized to do so.

Meeting adjourned at 10:40PM

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