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

Chair: Barbara Pendergrass, Vice-chair: Erica Peng, Secretary: Tom Owens, Treasurer: Hope Scott,
Members: Marilynne Mellander, Wendi Gosliner, Charles Marino, 1st Alt. Susan Swift

DRAFT: Minutes May 10, 2006

NOTE: El Sobrante Municipal Advisory Council" abbreviated as "ESMAC"
El Sobrante Valley Planning & Zoning Advisory Committee abbreviated as"P&Z"
Moved, Seconded, Passed abbreviated as M(aa),S,P-x,y,z
Moved, Seconded, Failed abbreviated as M(aa),S,F-x,y,z
where aa are initials of councilman making motion, x is votes for, y is votes against and z is abstentions

Pledge led by Reva Clark

Meeting called to order 7:00pm.

MINUTES:Comments on minutes:
Why aren’t the speakers who ask and answer questions named?
The secretary doesn’t know who is speaking unless they distinctly identify themselves.
The length of the minutes make in hard to proof, could the motions be summarized?
The motion and results are in bold and the whole sentence could be bold (a summary of motions and results will be added at the end of the minutes in the future).
The use of moratoriums in section P2 first question was ambiguous and should be clarified as to stoppages of certain types of development that meet current general plan goals but might not meet the goals of an amended General Plan and that the moratorium could only be in place if the Board of Supervisors deemed them appropriate.

Consensus is that the draft Minutes of April 12, 2006 be approved as corrected.

TREASURERS REPORT:The check to the county of $227.50 (the remainder of our funds that the county will now control) has not cleared yet. We have asked for a petty cash fund of $100.00 that we will use for expenses that we’ll have to present receipts to the county for approval to replenish as needed.

Charles Marino arrived 7:09

PUBLIC COMMENT:
Marilynne Mellander asked about the new set up of the agenda and the limit on speakers is not what we agreed upon, why is it set up this way?
Barbara Pendergrass explained that the agenda was long and that to keep the meeting to a reasonable length it was necessary.
A council member received a call from Santa Rita resident concerning a neighbor that is having trouble viewing traffic from her driveway as a neighbor has obstructed her view with plants along the public easement and asked for someone from the ESMAC to deal with it. Marilynne Mellander volunteered to take care of it.
Jim Mellander echoed Marilynne Mellander’s concerns about the agenda and recommended that a different approach be used.
Ruth Smrekar, who lives on the Dam road, brought up concerns about the lack of streetlights from May road to Valley View road. She reports that there are only 2 lights between Greenridge and Valley View. She reports that there are problems regarding drug dealing, crimes and accidents that are related to the lack of lighting. She also reports that speeding occurs along San Pablo Dam Road. She asked what is being done.
Barbara Pendergrass informed her that the consent calendar has a letter drafted by Marilynne Mellander that addresses the problem.
Ruth Smrekar wanted to know why she wasn’t informed until the day before that the matter was on the agenda and how she could be informed.
Barbara Pendergrass informed her that she could leave her email address on the sign-up sheet and she would receive notification automatically. (Note by secretary: people can also email the secretary esmacwebmaster@earthlink.net or visit the web page).

CONSENT ITEMS:
Motion: The letter to Special Districts Department and Public works requesting lighting on a section of San Pablo Dam Road be approved M(MM),S,P-7,0,0 and will be sent tomorrow.

PRESENTATIONS:
P.2 Lt Donnie Gordon stated to Ruth Smrekar that he would talk to her about some connections that he had regarding lighting problem along San Pablo Dam Road. Regarding crime in the area, of chief concern is the number of burglaries. Although down in number (around 15) still too many. A majority of the burglaries have been a crime of opportunity meaning that the thieves used open or unlock access (doors and window). In an effort to inform the public he started a program. “If I were a thief”, a card will be placed when and were an officer observes a situation that may lead to a crime of opportunity. Vandalism is also up but seems related to the nearing end of school and they are working on that situation. They’ve also informed the homeless living along the creek about county help to encourage them to move on. He also stated that the sheriffs web site (www.cocosheriff.org) is much improved and the reports he gives will soon be available on line.
Audience member reported that there is a Town Hall Meeting, “ A Community Forum to Address Crime in El Sobrante” sponsored by Boys & Girls Club of El Sobrante (223-5253) and the El Sobrante Chamber of Commerce (223-0757) to be held Wednesday May 31st at the Boys and Girls club of El Sobrante (4660 Appian Way) at 7-9 pm. Panel to be composed of Supervisor John Gioia, Sheriff Warren Rupf and Richmond Police Chief Chris Magnus.
Marilynne Mellander complained about the response time of the sheriff’s office and that the Deputy asked her what she wanted him to do about the situation and how that bothered her.
Lt Gordon responded that he has directed his officers to be more sensitive and less “callous” to the situation. The meaning he intends them to convey is “How may I help you?”
Marilynne Mellander asked a follow up question concerning automobiles and that CHP had to respond to them and not the Sheriff.
Lt Gordon responded that on his watch they will handle any problem and any officer that doesn’t obey this directive will be read the “riot act”.
Jim Mellander discussed an incident in which he and his wife were involved and the responding officer had trouble finding the address (delaying response) because inadequate knowledge of the area and lack of accurate maps.
Lt Gordon responded that one of the problems is officers pick and chose where they will work according to seniority and that locales that average 6-8 reports per shift where preferable to this area that averages around 26 reports per shift leading to the fact that we end up with the newest and therefore the least knowledgeable of the area. He stated that he reported to Sheriff Rupf that this area requires more than one officer per shift because of the volume of calls per shift. Another problem with this community is that it doesn’t follow the standard grid, generally has less than adequate lighting and often the address and driveways may be a ways apart but that technology is helping and things will improve.
Reva Clark inquired about the number of homeless in the area and if it was true that other localities where dropping them off here.
Lt Gordon replied that there are probably more now than in the past and if she could name someone who is dropping them off here he’d like to have a “conversation” with them. He than described their homeless task force.
An audience member described a theft that occurred from his property a couple of years prior and that the responding officer wouldn’t take a report as he had recovered the property and there was no injury.
Lt Gordon replied that he couldn’t be responsible for what happened prior to his arrival but did offer his apologies that it had happened and assured him that such an incident will not happen on his watch.
P.3 Terrance Cheung announced that on May 24th that the city of Richmond and Contra Costa County are hosting a conference and training in Emergency Situation Communication for public officials at the Richmond Civic Auditorium. Please contact him for RSVP. Regarding streetlights, he had contacted Alex Anaya who has sent various papers to Linda Wright that need to be filled out and returned. Payment for lights are by developers and that there is no way to go backward so now any new lights must be paid for by the residents or public works. Another possibility is WCCTAC but any money spent on lights would have to come from projects that have already been allocated
Wendi Gosliner asked for an update on the closed interchange at San Pablo Dam Road and I80.
Terrance Cheung stated that it was a CalTrans project and could get an update by next meeting.
Erica Peng asked about The Crime forum and neighborhood watch captains and a meeting quarterly, should she contact them?
Terrance Cheung replied that they had made 3000 copies of the announcement and that he would contact them himself.
An audience member reminded Terrence about some debris that he had reported.
Terrance Cheung replied he had informed public works.
Audience member informed him that Marilynne Mellander had used her pick up truck and had disposed of the problem.
Audience member asked if Terrance had personally gone to see the problem on Santa Rita road.
Terrance Cheung replied that Barbara Pendergrass, and he had done a ride along with Patty Cookson to look at several problem spots.
Reva Clark informed everyone that Terrance has been great at getting public works to respond to streetlights that she and Eleanor Loynd have reported as being out.
P.4 Michelle Blackwell reported that the draft EIR for the San Pablo Dam Seismic Upgrade project is now on the web site (www.ebmud.com). There is a 45-day public comment period. There are two scheduled public meetings: Tuesday, May 16, 7:00 pm at San Pablo Senior Center (1943 Church Lane, San Pablo) and Tuesday, May 23, 7:00 pm at Olinda Elementary School (5855 Olinda Rd., El Sobrante). She also reported on the RARE project – recycled water expansion project. Chevron uses 2 million gallons treated sewage recycled water per day saving that amount for drinking water. Chevron uses that in their cooling towers and EBMUD is working on doubling that amount so they can also use the water in the boilers (essentially distilled water) also. There will be a public meeting for RARE on November 18th at West County Waste Water Facility at 12:00.
Wendi Gosliner requested details on access to Kennedy Grove during the seismic retrofit.
Michelle Blackwell referred her to the web site but indicated that she remembered EBMUD would close the access during the week and open it on the weekend. What EBRP intensions are regarding access during the week, she didn’t know and suggested that EBRP be contacted directly concerning that.
Wendi Gosliner noted that 45-day comment period was too short for ESMAC to draft a letter and vote on it in a second meeting.
Michelle Blackwell noted that any person could respond individually or by email (spdameir@ebmud.com) but if ESMAC wished to respond as a group that it would have to be through Supervisor John Gioia’s office.
Barbara Pendergrass suggested we delegate the task to a group and asked for volunteers. None came forward and no motion was made.
Terrance Cheung confirmed that any position we would take would have to go through the Board of Supervisors rather than directly to the body.
Erica Peng, Wendi Gosliner and Susan Swift volunteered to undertake the letter writing and submit it to ESMAC at the next meeting.
Marilynne Mellander requested assurance that comments by all ESMAC members would be included.
Barbara Pendergrass suggested that members email their comments to any one of the three for inclusion.
Charles Marino noted that sending emails could be seen as a serial meeting and a violation of the Brown Act and requested the estimated project length.
Michelle Blackwell responded that it’d take 2 to 3 years depending on the responses to the draft EIR.
Barbara Pendergrass asked Terrance Cheung to clarify that as long as there were no back and forth responses that it would not be a serial meeting, which he confirmed.
Michelle Blackwell requested that anyone attending the Crisis Presentation event also visit the Water Conservation Garden in front of the Auditorium.

SHORT DISCUSSION ITEMS:

SDI.1 Motion: To approve the spending of $50.00 for participation and booth in the El Sobrante Stroll. M(WG),S,P-6,1,0
Suggested that maybe we could combine with R9.
Motion: The outreach committee (Tom Owens, Erica Peng and Wendi Gosliner) act as the chair for the El Sobrante Stroll participation. M(WG),S,P-6,1,0
Susan Swift suggested that since the Chamber of Commerce is our major contributor and given the added expense of going through the Board of Supervisors to get reimbursed, we request that the Chamber of Commerce waive our fee.
Marie Carayanis (from the chamber) will check with the board of the Chamber of Commerce.
Barbara Pendergrass noted that there is a parade and we’ll carry our banner in the parade.

DISCUSSION ITEMS:
DI.1 The Medical Marijuana Shop has open where Maries catering used to be on San Pablo Dam Road. Marilynne Mellander stated that she interviewed Mr. Buzz Fowler and that he was sampling his product during the interview. He has hired guards and she doesn’t understand why the shop is there.
Tom Owens questioned if they had a license and how they obtained it.
Barbara Pendergrass stated that she believed that the shop has a permit and that the Board of Supervisors issued a moratorium for such permits in unincorporated areas immediately afterward.
An audience member described the process of obtaining a funeral parlor license including going before the P&Z and asked why this business didn’t.
Barbara Pendergrass explained that the funeral parlor had to make modifications to the building that the marijuana shop didn’t have to, could be the difference in the process.
Eleanor Loynd stated that Mr. Fowler had intended to address ESMAC at 9:35 pm as per the agenda (time 8:01 pm). She explained that Mr. Fowler has been in the business of delivery of medical marijuana for several years. She went on to explain that patients needed a doctors’ referral, a prescription and a photo medical marijuana ID card to enter the shop. That the operator is following all the California laws are that they are being closely watch by law enforcement.
Jim Mellander noted that the problem has not been with the medical marijuana but rather with the lack of notification and therefore the loss of the right to oppose the permit. Another audience member noted that he has a couple of bottles from Prohibition that states “to be dispensed by a licensed pharmacist for medicinal purposes” and questioned the definition of legality.
Barbara Pendergrass noted that federally marijuana is against the law but under state law medicinal marijuana is not.
Charles Marino requested that the discussion be brought back to the issue at hand, why was the issue not brought forth to the community and not about the legality and/or benefits of marijuana.
Barbara Pendergrass stated that she is consulting with Supervisor Gioia regarding what permits would come before ESMAC but that there is nothing that we could do about this permit.
Terrance Cheung stated that this one caught everyone off guard and that the Board of Supervisors now has a moratorium on any new permits until they know how to deal with this.
Wendi Gosliner asked what triggered the public notification of business licenses.
Terrance Cheung replied that state laws concerning licensed businesses such as liquor sales trigger public notification but business not regulated such as massage parlors would not require public notification.
Marilynne Mellander asked if the county liquor license board notified the Board prior to the issuing of the permit or was the Board caught off guard as the rest of us, and if the Board was notified, why didn’t they alert us?
Terrance Cheung replied that it might have to do with the law or that maybe there was a lack of communication but that he’d have to find out.
Mr. Harvey stated that he thinks that it is disingenuous of the Board because they did know, but what they didn’t know was that the paper would put it out so quickly. Neighboring counties put a stop to it quickly so how did they know? Mentioned the towing and muffler shop that was prevented from opening, and inferred that it was politics similar to the gambling operation that are funding campaigns in San Pablo.
Rick Staska stated that this conversation was redundant because of the unlicensed drug dealing that occurs in Raleys’ parking lot, the casino, and at the Mechanics bank parking lot. He stated that he was chastised for the continuing complaints about the drug dealing to the Bay station commander, which he inferred, that weren’t going to be addressed.

Rest of Discussion Items delayed for last presentation:

P.1 Patrick Roche handed out the reports for 2004 Charrette Products, and the 2001 Downtown El Sobrante Transportation and Land Use Plan. Changes in the general plan are an attempt to merge various elements of these two documents into one coherent plan. Two elements of the general plan are being changed: the land use plan and the transportation-circulation elements. The common themes that have emerged are the elimination of the San Pablo Dam bypass couplet and the related policies, and maintain Appian Way as it stands (one lane each direction with center turn lane and no median). As to the land use elements, we’d move forward with recommendations as emerged from the Charrette, which is the establishment of fixed use designations for sections of San Pablo Dam Road and Appian Way that would allow for the integration of residential and commercial uses together in one single site. It is important to understand the it would be allowed not required to do so and a site would be allowed to develop in accordance with it’s zoning/land use district. We’d also present to the planning commission a block-by-block analysis of where we think a unified land use is appropriate because, as you know, not in every case is it appropriate to encourage use in an area that is already predominately one use to encourage development of the other use. There are also blocks where there are public institutions, churches, private schools, other public facilities that need to be treated differently and we’d fully expect them to remain there. We’ll need to update the draft EIR as we are recommending a reduction in the scale of development as originally identified in the 2003 draft EIR. It would be necessary to have the draft EIR done prior to presenting to the planning commission. The planning commission has a very important role. Their role is to conduct a public hearing, consider all public comment, and then forward on their recommendation to the Board of Supervisors. Then there is another public hearing by the Board of Supervisors, so you can expect two public hearings before there is an amended general plan. In terms of timing, one of the problems is that I’m the assigned planner and have been so for the last several years but I’ve been told that my top priority is getting a urban limit line ballot measure, so that will take precedence.
Marilynne Mellander stated that it was apparent that by March 2005 you had already had each block laid out with want you wanted, but it was not available via public records search so when can ESMAC get a copy of that.
Patrick Roche replied that it is still a work in progress so it is not available yet.
Marilynne Mellander requested information about any new restriction regarding churches (handicapped parking etc.).
Patrick Roche replied that the underlying zoning restrictions will remain the same and no new restrictions will be put in place but if they expand they’d have to be to code.
Wendi Gosliner questioned about specific changes like medians and parking being in the general plan.
Patrick Roche replied that there would be recommendations but until projects are undertaken they’d be subject to detailed engineering work and would not and should not be in the general plan. The general plan is for general plans only and until feasibility studies are done specific designs are inappropriate. Take the Bypass couplet for example, the costs in community and environmental impact make it not feasible.
Wendi Gosliner questioned if there where going to be local community meetings as promised in the past but now it sounds that they’re going to be bypassed.
Patrick Roche replied that this project has been dragging and there needs to be a proposal presented and then debated and then there can be a debate about changes. I can certainly come back before this committee to present a mock up of what I’ll recommend but certainly there needs to be something before the planning commission.
Barbara Pendergrass stated that there was going to be a town hall meeting prior to presenting this to the planning commission and assumed that was still in the works.
Terrance Cheung replied that tonight was a workshop for educating ESMAC, not a public hearing.
Erica Peng wanted to know what were the latest traffic numbers.
Patrick Roche replied that a traffic analysis is required as the reduction in scope necessitates another traffic study.
Susan Swift desired to know about a bicycle lane on San Pablo Dam Road.
Patrick Roche said there is some concern about how a dedicated bicycle path along with parking, buses and median within the room available.
Wendi Gosliner stated that a lot of the options where left open at the end of the Charrette and felt that the plan has been generated without proper public input.
Patrick Roche stated that the general plan will have all the options and the engineering will come back with feasibility study and then the community will have to make the final decisions if everything is not available as to what will be lost.
Eleanor Loynd asked a question about combining lots and would there be a charge.
Patrick Roche replied that the general plan would encourage the combining of lots that are difficult to develop on and yes there is a process that has fees but it wouldn’t be required to combine the lots.
Several questions regarding outreach to the public concerning the amendment prior to presentation to the planning commission were answered by Terrance Cheung and Patrick Roche that if Supervisor John Gioia asked for a town hall meeting that they’d be there and that the presentation to ESMAC was a courtesy and was not a town hall meeting.
Rick Staska asked about a connector road between Hillcrest and La Colina.
Patrick Roche replied that he thought that what Rick was referring to was the presently unimproved Pitt Way which could be some manner connected to Hillcrest but only with the cooperation of the local land owners.
Barbara Pendergrass asked question regarding consolidation of parking lots.
Patrick Roche replied that it would remain part of the general plan and that it seems to have been an effective way to deal with the demand for parking
Motion: To ask for a more detailed breakdown of the block-by-block land use for the general plan amendment at the next meeting. M(MM),S,P-6,1,0
A general discussion as to what Patrick Roche should, could and would present at the next meeting ensued.

DISCUSSION ITEMS: (continued)
DI.2 Terrance Cheung stated that he hasn’t met with the Santa Rita neighbors but has had Patty Cookson drive by and assess the more problematic properties. She has sent a courtesy letter to them, but she recommends allowing the property owners a chance to begin the process of cleaning up. She also stated that if she needs to serve papers that she would have a sheriff escort for protection. Due process will mean that it would be several months before we’d see improvement. He also reported that at present the unincorporated area in the county has only a single code enforcement officer available.
Marilynne Mellander gave a report of actions taken as reported by Patty Cookson to her. She also asked for a copy of the codes and was informed that they where available online.
Terrance Cheung explained that actual “junk yard” conditions are not necessarily what a layperson might consider them to be and that Patty Cookson had a good handle on when and how to apply the code enforcement.
A short discussion ensued regarding garbage being garbage.
DI.3 Barbara Pendergrass stated that the property at the corner of La Paloma and Hilltop Drive is in the process of being abated.
Marilynne Mellander said that Patty Cookson has served a PIRT and that the property presently looks worse than when first reported.
DI.4 Erica Peng stated that the next Land Use Sub-committee conflicts with EBMUD meeting at Olinda school (May 23rd) and requested moving the date to May 30th. Erica stated that Catherine Kutsuris (Deputy Director of Community Development) gave an overview of the planning process. She encouraged them to identify specific examples of what was agreeable in terms of visuals or land use and communicate that to her.
Wendi Gosliner who also stated that the preferences of the community are taken into consideration by the planning commission and the developers confirmed this.
A discussion ensued on what other MACS do concerning land use issues and possible meetings with them.
DI.5 Barbara Pendergrass stated that she would only copy the first two sheets of each application.
Marilynne Mellander requested that the date the paperwork received by Barbara Pendergrass be included on sheets once again.
Discussion about timing ensued.
Wendi Gosliner noted that some of the needed details missing from this way of presenting material.
Barbara Pendergrass stated that she was trying to comply with members’ requests and she then requested once again someone’s help in sorting and summarizing the application packets.
Erica Peng stated that previously the initial pages contained the information that we needed. Susan Swift wondered if maybe the order was changed.
Erica Peng request that the information contain: date of the request, name of the planner, and the address of the property.
Marilynne Mellander asked if we could write a letter of support for the application by the boys and girls club installing portables.
Charles Marino asked about the portables being install prior to issuing of a permit.
Eleanor Loynd stated that Tom Mason had received permission from the county (Dennis Berry).
A discussion ensued as to the process and system to address the land use issues such as this.
Erica Peng requested that we schedule this issue as a topic in a regular ESMAC meeting.
Wendi Gosliner said that the sub committee should come up with a draft standards and process for dealing with these applications by the July meeting.
Barbara Pendergrass restated the need to find out how the other MACS deal with them along with the time limiting effect of meeting just once a month.

INFORMATION ITEMS:
Marilynne Mellander pulled 10.2 for comment. She wanted to know why (page 10.2.j) item 7 was under P&Z and why Eleanor Loynd was along for the drive-along with Patty Cookson. Barbara Pendergrass explained the reasons.
Erica Peng wanted to know why (page10.2.d) item 9.6 Naphan Ranch was included in Richmond and it was explained that it was a typo and the property is still in the county and not annexed.
Marilynne Mellander asked for information regarding (page 10.2.b) item 5.5.5. It was explained that EBMUD sold some property that had been encroached to the encroaching party.
Barbara Pendergrass stated that a tentative agreement concerning fire first response with Richmond is likely to be brought before Richmond City Council and it looks as if it will be activated by July.
Wendi Gosliner pulled 10.4 for comment. Several constituents have approached the land use committee concerning the Forrest Green Development (Richmond) and encouraged everyone to read the draft EIR and respond with their concerns.
Eleanor Loynd brought up concerns over the access road (in county) that will be used to access the project (Clark Road and La Colina) are missing from the EIR and county staff should be involved.

COMMUNITY GROUP UPDATES:
11.3 ESVP&ZAC: Eleanor Loynd clarified an item on P&Z agenda, a home business for cleaning is actually for carpet cleaning. Comments concerning a couple of Richmond projects were made.

SUB COMMITTEE REPORTS:
12.3 Marilynne Mellander informed us that there is a “Go I80 Transit Conference” May 11th, refreshments included.

PUBLIC COMMENT:
Discussion occurred over P&Z’s verbal updates on projects after written reports completed.
Barbara Pendergrass stated that she found these comments unnecessary.
Wendi Gosliner reminded ESMAC members and the public that they should speak respectfully. While differences of opinion and the discussion of discontent are very valuable, everyone should use respectful language.

OLD BUSINESS:
Marilynne Mellander commented on the web site. She stated that we are not a political group and putting a link to a political group “El Sobrante Greens Calendar” is not right for our party platform. She also stated that the information could be reproduced.
Tom Owens replied that yes only governmental links would be included when the site is no longer on his personal web space including items on the front page under news and events that were not in bold type.
Charles Marino asked if the site address was for internal ESMAC use only.
Tom Owens replied that he had released it to the ESMAC attendees list also.
Jim Mellander stated that it was possible to “google” it, and therefore it was public and the link should not be on the site.
Barbara Pendergrass requested that the link be deleted.
Barbara Pendergrass requested for a chairperson for El Sobrante clean up. Susan Swift snd Erica Peng volunteered to co-chair. Discussion ensued and a request to address this next month was made.

Motion: Motion we adjourn. M(HS),S,P-7,0,0

Meeting adjourned 9:46 pm

Respectfully submitted, Tom Owens, Secretary, ESMAC

SUMMARY OF ACTIONS:

Consensus is that the draft Minutes of April 12, 2006 be approved as corrected.

Motion: The letter to Special Districts Department and Public works requesting lighting on a section of San Pablo Dam Road be approved M(MM),S,P-7,0,0

Motion: To approve the spending of $50.00 for participation and booth in the El Sobrante Stroll. M(WG),S,P-6,1,0

Motion: The outreach committee (Tom Owens, Erica Peng and Wendi Gosliner) act as the chair for the El Sobrante Stroll participation. M(WG),S,P-6,1,0

Motion: To ask for a more detailed breakdown of the block-by-block land use for the general plan amendment for the next meeting. M(MM),S,P-6,1,0

Motion: Motion we adjourn. M(HS),S,P-7,0,0