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 Nov 9, 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”; Board of Supervisors abbreviated as “Board”

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

Ruby Molinari asked Marilynne Mellander to lead the Pledge.

Minutes :
The following corrections made: Barbara Pendergrass corrected Bob Joice to Bob Joyce thruout; pg. 4: Sec. D1.1 add “said” after Department; pg. 5, Sec. 11.13 change cleanup day to Oct. 8; Ruby Molinari, pg. 1, Treasurer’s Report change to “Community Foundation”;
Barbara Pendergrass moved minutes be approved w/changes: M,S,P.

Treasurer’s Report:
Hope Scott reported balance of $411.95; $108.75 check given to Erica Peng for banner was not cashed yet.

Public Comment:
Elizabeth O’Shea reported SPAWNERS planning native plants behind Library next Sat. from 9:30 – Noon.
Eleanor Loynd reported Mechanics Bank to hold yard sale the following Saturday and Monday.
Gene Harvey reported the Intl. Rail Fair at Roseville Rail Yards; can go via Amtrak.

Presentations:
P.1-Sheriff’s Report: Lt. Donny Gordon praised community involvement in El Sobrante. He reported the VSET program to recover stolen vehicles in September was successful. An individual operating a “chop shop” was arrested on Appian Way. There were a large number of juvenile runaways connected to local group homes. “Suspicious circumstance” calls were up leading to a couple of arrests. Warrant arrests are up for last two months because of recent warrant sweep. Martinez Sheriff’s office just hired abatement specialist, Jim McCauley, who specializes in removal of abandoned cars on property; Lt. Gordon advised us to contact Mr. McCauley for such problems. Auto burgs doubled in October from September; a juvenile is suspected. Residential burgs stayed even at 4. There were a lot of calls related to the “Starbucks’ crew” and deputies are working on establishing a rapport with the juveniles. Last week a Deputy sheriff got in a tussle with an individual behind the Capri Club and the Deputy hurt his back. A member of the public stated she had called the Sheriff’s office, and was referred to the ESMAC regarding automobile vandalism on Juanita Dr. She was asking for increased patrols. Lt Gordon said he would ask for extra patrols on Juanita Dr. Elizabeth O’Shea stated she had reported the homeless person under the bridge and he was still there. Lt. Gordon said they tried to encourage these individuals to seek shelter unless there was an outstanding warrant or other crime. He further stated there was a deputy that worked swing shift who checked under bridge on a regular basis. Barbara Pendergrass asked about 3 Sheriff’s deputy cars blocking Charlotte Ct. off Manor Rd. earlier in the week; Lt. Gordon surmised it involved a search warrant. Marilynne Mellander asked about Sobrante Ave. house with trash in front yard. Lt. Gordon gave his email: Dgord@so.cccounty.us He told us of a local community group which had filed a suit against a nuisance home and was successful. A member of the public asked about vandalism on an expensive vehicle on Rincon Rd. Reva Clark asked if homeless count is still 37; he will investigate most current homeless count.
P.2 - Dist. 1 Report: Terrance Cheung reported that Tom Mason has resigned from the ESMAC and the seat is declared vacant; Charles Marino, 1st alternate will move up to be a regular member for the balance of Tom Mason’s term; Tom Owens is 1st alternate and the 2nd alternate is now declared vacant. Anyone interested in becoming the 2nd alternate should mail him their resume. He also announced the code enforcement officer for El Sobrante is no longer Keith Marks and any complaints should be called into to the Supervisor’s office or the Environmental Health dept. The latest revision of ESMAC Bylaws has been sent to Mary Ann Mason at County Counsel’s office. They discovered that the Bylaws the ESMAC are currently working under were never Board approved. A Board order established the current ESMAC in 1995, a set of Bylaws was crafted by the ESMAC members at that time and submitted to County Counsel and approved, but then Dist. 1 Supervisor Jim Rogers never had them submitted to the Board for final approval. At this point there are no approved Bylaws for the ESMAC. He suggested that the Bylaws need further changes: the subcommittees need to be lowered from 4 to 3 members so that a quorum won’t be present. In response to a question by Ruby Molinari Terrance defined the various types of subcommittees: a subcommittee is a continuous committee of no more than 4 members and acts in an advisory capacity, and ad hoc committee is charged with only one issue and meets for a limited amount of time. All ESMAC members can speak at “special meetings”. On any subcommittee or ad hoc committee only 3 ESMAC members can speak. If all the ESMAC members want to participate, a special meeting can be called and a quorum must be present for the meeting to be held. In 2002 the Board passed an ordinance directing how advisory groups can operate; members of the public can’t be members of subcommittees or ad hoc committees without Board approval. Supervisor Gioia passed out a copy of that ordinance at the last ESMAC meeting. Marilynne Mellander objected to the use of subcommittees to limit input by ESMAC members, asked about ESMAC members’ emails prior to ESMAC meetings, and recommended that the Bylaw eligibility statement that an ESMAC member be a “registered voter in El Sobrante” be updated since a current member lives in unincorporated San Pablo. Eleanor Loynd asked when the General Plan meeting would be held. Terrance Cheung stated the delay was due to ongoing traffic study issues with County Public Works. Also, when the completed traffic numbers are available the plan is to hold a preliminary meeting with the ESMAC, then with the public at large. Gene Harvey objected to the creation of a Public Information Officer position. Terrance also reported that E. Richmond Heights residents were interested in forming an assessment district to pay for a resident deputy. Ruby Molinari asked if El Sobrante could get a deputy in the same manner that as the N. Richmond area. Terrance said N. Richmond deputy was paid for by mitigation fees from the nearby landfill operator and that area had a much more severe crime problem than El Sobrante. Mike Zeelen asked if the ESMAC could make recommendations for developers for mitigation fees. Terrance answered that mitigation fees were continuous and not a one time fee like developer’s fees.
P.3 – John Zentner presentation: He reported meeting with City of Richmond and developed a bus turnout for S. side of Dam Rd. which AC Transit will use to Orinda BART on Dam Rd. but there is still a problem as AC Transit doesn’t feel they have the funds to build N. side turnout so the buses will still have to go one way down Olinda Rd. When he originally came before the ESMAC, Robert DeRosario told him of an MTC grant application program with a deadline that was 10 days later; he managed to get this grant application completed in time. This round of grants will be decided in December and he thanked the ESMAC, the P& Z and Supervisor Gioia for their support letter. He will email Ruby Molinari with the date the grant applications will be decided. The project won’t be started until mid-May and the bus turnaround approximately mid-July.
Marilynne Mellander moved we send letter in agenda packet to Richmond Planning Dept. expressing support for Mr. Zentner’s project; motion seconded, voted down 6-1.
Wendi Gosliner amended original motion: strike “gives us confidence this will be a good project for this community” in last sentence of letter and reword to state “his work has been appreciated”; M,S,P w/ 1 Nay.
P.4 – Wendi Gosliner gave report on subcommittee meeting on 10/26 that included input on traffic issues and general plan change; in short term they plan to meet once/month. The recommendation was that the ESMAC subcommittee work with P & Z on larger projects, not try to take over all P&Z projects, hear disputes and provide accountability to community by setting up standards that would help frame P&Z decisions e.g recommend roads that can be maintained according to County standards. Also the subcommittee would make sure scheduled County maintenance is followed and develop a set of guidelines for future development for use by the P&Z. In response to objections by Marilynne Mellander about the role of this subcommittee, Ruby Molinari said the subcommittee recommendations would be brought to the full ESMAC for vote. Discussion followed on the role of the subcommittee, whether such a subcommittee should be held and notification of meetings. It was decided that the next agenda will include an item to vote on a permanent “Land Use” subcommittee.

Short Discussion:
SD.1 – Ruby Molinari asked if the ESMAC wanted to send a letter to County Public works in agenda packet regarding the driveway repair at 5316 Sobrante Ave. Marilynne Mellander asked if it was known that the owners actually filled the hole with concrete. Ruby Molinari stated her concern that the work was not done with permits. Charles Marino expressed his opinion that the ESMAC shouldn’t be concerned with work done on private property and advised Ruby Molinari to file a complaint with the County. Ruby Molinari asked if the ESMAC would like to invite a Public Works person to discuss such matters. Marilynne Mellander moved we invite a Public Works person to December ESMAC meeting; motion passed with 1 abstention. A discussion ensued about who to ask from Public Works based on what was in SD.1. Wendi Gosliner asked we close the matter and move on.

Discussion Items:
D1.1 – Marilynne Mellander gave a report on the Municipal Officials for Redevelopment Reform meeting in Oakland on 10/22 including details of the presentations plus an update on McClintock’s SCA 15 constitutional amendment for the Nov. 2006 ballot.

Standing Committee Reports
11.1 – Dist. 1 Staff Report given under P.1
11.2 EBMUD Report: Michele Blackwell reported on the October meeting for El Sobrante with a notice of presentation for the EIR process. Public project meetings will be held in early 2006 with follow up meetings as required. Margie Kauble asked about EBMUD construction trucks causing damage to Skyline Dr. and advised the use of special truck tires that don’t cause road damage. Michele Blackwell said she would look into this problem.

Ruby Molinari resigned her post as Chairman at this point.

Marilynne Mellander moved we adjourn; M,S,P.

Respectfully submitted, Marilynne L. Mellander, Secretary, ESMAC