El Sobrante Municipal Advisory Council
3769B San Pablo Dam Road, ES 94803 - Meetings 2nd Wednesday of each Month (7:00pm)
El Sobrante Library 4191 Appian Way, El Sobrante

DRAFT: Minutes Oct 12, 2005

Ruby Molinari, Chair, Barbara Pendergrass, Vice Chair, Marilynne Mellander,
Sec, Hope Scott, Treas, Members: Erica Peng, Wendi Gosliner, Tom Mason,
Charles Marino 1st Alternate, Tom Owens 2nd Alternate

NOTE: “El Sobrante Municipal Advisory Council” abbreviated as “ESMAC”
throughout minutes; El Sobrante Valley Planning& Zoning is “P & Z”; the Contra Costa Board of Supervisors is “BOS”

Meeting called to order at 7:00PM.
Present were Ruby Molinari, Barbara Pendergrass, Hope Scott, Marilynne Mellander, Wendi Gosliner, and Erica Peng and alternate Tom Owens.

Ruby Molinari asked Boy Scout James Hamlin to lead the Pledge.

Minutes of Sept. ESMAC meeting :
The following corrections made: Barbara Pendergrass asked that “CEQUA” be changed to “CEQA” globally; pg. 3, 3rd paragraph add word “stated” to 5th line; pg. 4 change first sentence to read “approving sidewalks on private roads 1 mile or less from schools”; delete sentence in SD.5 starting with “Mike Zeelen asked what…”; SD.6 change next meeting to DeAnza Library meeting room. Elizabeth O’Shea asked that her public comment be changed to street sweeping on San Pablo Dam Rd. Ruby Molinari asked that pg. 2, 10th sentence be changed to “Ruby Molinari recognized Bob Sullivan…”; pg. 4, last sentence, SD.4 “Ruby Molinari stated she would call….”;
Marilynne Mellander moved we accept minutes as corrected: M,S,P.

Treasurer’s Report:
Hope Scott reported $411.95 was in Treasury. She received a check from Erica Peng marked “for outreach only” and asked if she was authorized to receive it. Marilynne Mellander stated there was a Board resolution prohibiting MAC’s from receiving funds without prior authorization from the Board. Ruby Molinari asked if the Chamber could hold the funds. John Gioia said the Board was in the process of clarifying the rules and recognized that in the past the ESMAC had accepted funds. He advised the ESMAC to accept the funds and provide the Board information. After further discussion, Ruby Molinari stated the money would be returned to the El Sobrante community foundation and they would resubmit it to us. Hope Scott to write a check for $108.75 for El Sobrante stroll banner to Erica Peng.

Public Comment:
Paul Frees reminded the committee that he had been at the previous meeting and asked for equal time with the pro-Measure J people.
Eleanor Loynd stated: 1) she thought the community owed the ESMAC thanks for the cleanup and 2) she saw 19 street lights out on her way to meeting and thinks ESMAC should contact appropriate officials to get this fixed 3) ESMAC should drive around neighborhoods as see who has junk in their front yards e.g. Renfrew Rd., Jo-Lin stables 3) contacting Sup. Gioia’s office and reminding him we are supposed to have a meeting soon on the El Sobrante general plan.
A member of the public asked for the ESMAC to explain what they do; Ruby Molinari offered this information. He further asked if the ESMAC was the first level of contact; John Gioia stated he would explain this.
Marilynne Mellander stated her concerns regarding the Canyon Oaks II project, in particular, that the letter approved to be sent by the ESMAC was never sent. Ruby Molinari answered with her reasons for not sending the letter and that developer John Zentner would be at the next meeting to give the ESMAC an update; the ESMAC could vote to send a letter on his behalf to the appropriate agency at that time.
Michael Ali announced the Richmond Indian Council would be forming advocating preservation of native American relics along creek beds and would be incorporating at the end of November.
Susan Swift advocated using outreach money for an ESMAC website. Terrance Cheung suggested we could link the ESMAC to Sup. Gioia’s website.
Bob Joice stated that the San Pablo dam EIR would be an opportunity to obtain mitigation funds for wetlands. He further stated that the problem with Garrity Creek was who was to take control of the creek and wondered if EBMUD could purchase the area around the creek and maintain it.

PRESENTATIONS:
P.5: John Gioia gave information on the ESMAC’s relation to the Board of Supervisors. He stated the MAC’s couldn’t support measures like Measure J, but individuals could take a position. He advocated for Eleanor Loynd’s idea of the ESMAC letting his office know about public works issues in the area. He gave out a Board resolution from 2002 to members of the ESMAC. He stated in February of the next year he would be putting together a disaster preparedness meeting in a large venue open to members of the public from Dist. 1 and told of a round table meeting he had been to. He gave information on emergency operations centers; if two or more centers open then the County administrator takes charge of operations. He stated the license to sell tobacco at Rancho Liquors had been revoked for a period of time. He told of an ordinance he will introduce regarding dangerous dogs. He addressed crime in the area: a curfew for certain parolees is being considered. In regard to traffic and the El Sobrante Downtown Plan he stated the Planning Dept. is doing traffic analysis as far as what traffic would be like with or without certain parts of the plan; also how long it would take to get from one intersection from another. He acknowledged Rick Gulledge and Eleanor Loynd’s comments on traffic, in particular, Hilltop Dr. He announced park fees for new developments will soon be raised. He reminded residents he is having rotating breakfasts with neighborhood groups on an ongoing basis. Erica Peng asked if 2002 Board order replaced Bylaws; he said they didn’t. He also said that any ESMAC subcommittee had to be composed of ESMAC members. Rick Gulledge asked questions about the relation of the ESMAC Bylaws and the Board order. John Gioia reiterated the Board wants to make all MAC’s rules consistent. Rick Gulledge also asked John Gioia questions about the ESMAC taking a position on political issues and reiterated that MAC’s are advisory only and can only take positions on matters that come before the Board according to County Counsel. Barbara Pendergrass asked the difference between an ad hoc committee and a regular committee; he stated County Counsel had said there was no difference. They agreed the Bylaws as recently passed would need to be rewritten to reflect John Gioia’s last statement on committees. John Gioia suggested that County Counsel could get together with several MAC’s to discuss this. Marilynne Mellander asked John Gioia if he would state the status of the El Sobrante redevelopment plan. He stated it was a separate issue from land use along Appian Way and San Pablo Dam Rd. that would be addressed in the upcoming general plan change. He stated redevelopment may come up again in the future and he was in favor of using that process to make needed changes. Reva Clark reported a sewer smell on La Paloma and Appian Way; John Gioia will talk to public works about this.
P.1 – Deputy Krall reported “nothing exciting going on”. There was “a little juvenile problem at Starbucks” on Appian Way and management asked kids to go behind store. There will be a special operation in the near future in the El Sobrante area looking at warrants, etc. Tom Owens asked for a crime breakdown; Lt. Krall will bring this in at a later date. Marilynne Mellander asked when we would get a resident deputy; he advised we should ask John Gioia. He stated there is a critical lack of staffing that impacts our area. Ruby Molinari advised N. Richmond had their resident deputy back using funds from a law enforcement grant. Barbara Pendergrass asked about gunshots around Hilltop Dr. and Pebble Dr. Reva Clark thanked the Sheriff’s Dept. for enforcement efforts on big rig parking on Appian Way and asked about homeless bus on Dam Rd. Lt. Krall stated they have to wait, by law, for 72 hours to tow and if they move the vehicle, there’s not much that can be done.
P.2 – Measure J presentation: Antonio Medrano, vice chair of the bond oversight committee, gave his background and reasons for his support of Measure J. Mike Mahoney, chair of the bond oversight committee recognized other supporters of Measure J and gave his reasons for supporting Measure J and stated he had endorsement forms for the measure. Charles Ramsey gave more information on the allotment of funds to El Sobrante schools. The overdue WCCUSD financial audit for 2003-2004 will be available next week. The 2004-2005 audit will not be due until Dec. 15. Paul Frees of West County Property Owners’ Alliance and member of the Hercules Education Commission gave his reasons for opposing Measure J. The ESMAC and members of the public made comments and asked questions of the pro Measure J representatives. Gayle Mendez of the Richmond Teacher’s Union gave her reasons for passing Measure J. Kevin Rivard of the bond oversight committee stated some of the money figures presented by the Measure J proponents were misleading and objected to representatives of the bond oversight committee making presentations advocating Measure J.
P.4 – Erica Peng gave a report on the ESMAC ad hoc meeting of 9/29/05 to discuss potential ESMAC role in land use planning and a vision statement for El Sobrante. Rick Gulledge had expressed concerns about the structure of the meeting so she decided to ask ESMAC members not to speak at the meeting.

SHORT DISCUSSION ITEMS:
SD.1 – Ruby Molinari thanked Tom Owens and Eric Peng for their work at the El Sobrante stroll, and gave a report on the stroll and asked members what the ESMAC should do for next years’ stroll event. She advised now that we have our banner, we should get in the parade.
Wendi Gosliner moved that the March 2006 agenda include a discussion of ESMAC participation in next years’ stroll; M, S, P with 1 abstention.
SD.2 – Cingular wireless pole installation on Valley View Rd.: Marilynne Mellander stated her request to Ruby Molinari for pdf files sent to Misako Hill had not been honored; that residents. Ms. Duchene of Vista Del Valle Neighborhood group, nearby to pole installation, were opposed to the installation without more information on radiation levels. Eleanor Loynd announced the City of Richmond had asked to move the pole site to another hillside at same address, 5500 Valley View Rd., and Misako Hill will bring more information to the P & Z meeting the next evening. Marilynne Mellander objected to the information in the packet being unreadable and being asked to vote on the item. Wendi Gosliner suggested postponing voting on the item with consent of Ruby Molinari.
SD.3 – Letter to County on junkyard conditions on 4600 Hilltop Dr.: After ESMAC and public comment Ruby Molinari stated the removal of junkyard conditions was a long process ending at the BOS and she would ask Patty Cookson to make a presentation at the ESMAC in the future on this process.
? made motion to approve letter: M,S,P.
Wendi Gosliner asked that a member of the ESMAC call Patty Cookson before the next meeting to ascertain progress on this item; Ruby Molinari stated she would do this. Tom Owens asked that Ruby send an email to ESMAC members regarding what Patty Cookson told her.
SD.4 - Special meeting chaired by Ruby Molinari for El Sobrante building projects: Ruby Molinari stated she wanted to chair the meeting to develop a process for the ESMAC to be involved in El Sobrante building projects she receives from the County for ESMAC because of her familiarity with how the P&Z operates. Wendi Gosliner stated there were mistakes at the last special ESMAC meeting and commended Erica Peng’s facilitation of that meeting and stated her opinion that Erica Peng should continue in this role; she further stated that there were too many issues to be addressed by the entire ESMAC and this could be done by a subcommittee. Ruby Molinari stated that the last special meeting was focused more on Erica Peng’s “vision” statement; she was concerned this issue had been going on for many months and wanted to develop a process. Barbara Pendergrass stated her opinion that the majority of the ESMAC members had no desire to take on the P&Z’s role but were more concerned with issues such as standardized roads and sidewalks on private roads and the building of “huge 2 story houses” on small lots and she understood that the ad hoc committee would be set up to review these items on certain projects and interact with P&Z in this role. Eric Peng clarified at the last ESMAC ad hoc meeting on Sept. 29 they just received public comment. Rick Gulledge stated he agreed with Ruby Molinari’s comments on this item - that the ESMAC needed to stop talking about vision statements, redevelopment, et al and start talking about “process”. A member of the public stated her opinion that the P&Z was doing their job well but her concerns were the lack of open space and annexations by Richmond, et al; she further stated there were many people who would participate if advocacy for these type of concerns were addressed which is beyond the scope of evaluating individual projects. Ruby Molinari stated that the citizens of El Sobrante usually don’t understand that owners can annex to Richmond and build to zoning regulations if they so desire and the P&Z has no power over this. Marilynne Mellander asked about project information from the County sent to Ruby Molinari and what the County expected of the ESMAC. Ruby Molinari stated the County expected us to comment on these projects but at present there was no process in place for doing so. A member of the public, “Maggie”, stated there could be no process without a vision and there needed to be a main idea of how to do things. Rick Gulledge asked that a subcommittee be formed and we should follow the Better Government rules. Reva Clark asked if the ESMAC would look at Richmond projects; she was told the ESMAC would not. Ruby Molinari stated the process had to be addressed before the vision statement could be looked at. Eleanor Loynd stated that there were projects when the ESMAC could be helpful by stepping in with a letter in addition to the P&Z input. Erica Peng stated there were many complex issues and a small subcommittee should address this and bring their ideas back to entire ESMAC. Mike Zeelen and Rick Gulledge asked that such a meeting be publicly noticed at least 96 hours in advance.
Wendi Gosliner moved that an adhoc subcommittee chaired by Erica Peng with Wendi Gosliner and Barbara Pendergrass as committee members will form to determine how the ESMAC will interact on planning and zoning issues our community; Ruby Molinari asked that someone from P&Z be added; Wendi Gosliner stated this was not possible on an ad hoc committee. Wendi stated an ad hoc meeting was to address a specific issue and meet for a specified amount of time and she would post the meeting notice. Barbara Pendergrass stated that she had asked John Gioia if there was any difference between an ad hoc and regular subcommittee; he had said there was no difference - members of the ESMAC not on the committee could not speak at such meetings. Motion: M,S,P with 1 Nay.

Discussion Items:
DI.1 – Ruby Molinari stated Scott Edmunds of the Public Works Department was there were more private streets because developers don’t have to put in sidewalks so that may be something the ESMAC wants to work on.
At this point Tom Owens stated he had to leave. He volunteered to leave a CD of a draft copy of the website. He would email zipped files of the website.
DI.2 – No discussion at this time.
Wendi Gosliner gave information on the dam project EIR from a meeting she had attended at this point and she thought the community should stay involved as it has the potential to be disruptive to the community. Michelle of EBMUD gave additional information and that the ESMAC had received a notice of preparation of the EIR and when the EIR comes out around April 2006 they will receive one copy. There are currently two options on the table: 1) drain the reservoir completely and replace the dam and 2) fix the dam in place without draining the reservoir; alternative #2 is the preferred option. Eleanor Loynd stated after the EIR is accepted the design work would take an additional 12-18 months and construction would take approximately two years.

INFORMATION ITEMS
Marilynne Mellander asked about items 10.9 – 10.15, specifically, were they sent to her by the Planning Dept. and why they were on the agenda. Ruby Molinari stated they were on the agenda for informational purposes only. Marilynne Mellander stated they should be given to ESMAC members in time to be acted on. Ruby Molinari stated that was the reason for the adhoc subcommittee (item SD.4) Other suggestions were made so timely access to the project information could occur including placing copies in a binder in the library.

Standing Committee Reports
11.1 – Dist. 1 Staff Report – already given by John Gioia
11.2 – EBMUD report – Michelle introduced herself and will give a report at next ESMAC meeting. Bob Joice asked for a ESMAC subcommittee on wetlands
11.3 – ESP&Z – Eleanor Loynd gave a report and handout on her understanding of EIR process.
11.4 – Traffic/Transportation: Marilynne Mellander gave report from September WCCTAC meeting including rock throwing at BART trains in Richmond area and traffic studies in the area.
11.5 – ES Chamber – Tom Mason not present.
11.6 – Grants/Fundraising – Charles Marino not present
11.7 – ESMAC/Sheriff’s Annex – Ruby Molinari gave report
11.8 – Fire District – Marilynne Mellander gave report from District’s October meeting. Eleanor Loynd asked if Marilynne would deliver a letter from the May Valley Neighborhood Council to the Fire District’s next meeting regarding “first responder agreement”.
11.9 – CSA R9 – Hope Scott reported on ivy removal near library
11.10 – WCAPWG – Ruby Molinari reported next meeting would be a picnic on 10/17 with Andrew Gomez; Rancho Liquors has a suspended tobacco sales license via sting operation and BOS denied their appeal.
11.11 – Library – Barbara Pendergrass reminded us of Friends of the Library sales on 1st Friday and Saturday of the month
11.12 – ESMAC Outreach – Tom Owens not present. Wendi Gosliner working on website and stated the ESMAC may need to pay for hosting fees. There were questions about linkages to other government agencies.
11.13 – ES Cleanup – Barbara Pendergrass reported a successful cleanup was held on
Oct. 3. Marilynne Mellander objected that this information had not been give at the last ESMAC meeting.
11.14 – El Sobrante Stroll – Tom Owens not present.
11.15 – Boys and Girls Club – Tom Mason not present
11.16 – El Sobrante Coordinating Council – not meeting at this time
11.17 – DeAnza Safety Committee – Ruby Molinari attended a safety meeting at DeAnza HS on 10/5/05; she reported many teachers attended. Trouble areas reported were kids walking in the hall, poor quality food, over 7 fights the previous Friday, smoking marijuana in classrooms, 50 repeat suspended pupils, restrooms with no soap, toilet paper or paper towels, smoking on campus. Karen Pfeiffer, school board member, will look into the food problems. It was decided to train teachers to deal with problem pupils and they need volunteers in the halls; volunteers need to be fingerprinted and go through an ID process. The next meeting is in 2 weeks from 10/5.

Public Comment:
No member of the public came forward to speak.

Meeting adjourned at 10:20PM

Respectfully submitted, Marilynne L. Mellander, Secretary, ESMAC