Castro Valley MAC Land Use Meeting Recap: October 27, 2014

Governance
2
The Castro Valley MAC
The Castro Valley MAC

A brief recap of the Castro Valley  Municipal Advisory Council (MAC) Meeting on October 27th, 2014

There were five MAC Members present, with Matthew Turner and Cheryl Miraglia being absent.

There were eight local citizens in attendance for this meeting.

Open Forum/Public Announcements:

One speaker: JV McCarthy from the Castro Valley Democratic Club spoke in regards to a conflict of interest for a single person to be in two offices simultaneously.  McCarthy  mentioned that Chair Crawford was lacking in due diligence in regards to conflict of interest. The speaker went on to mention about a land use in Hayward. (No further information on the Hayward issue)  McCarthy went on to talk about a civil suit involving Attorney General Jerry Brown and current chair Marc Crawford opposing someone else’s conflict of interest with regards to the Castro Valley Sanitary District and HARD boards – Dennis Waespi.  In addition the speaker went on to refer to Kamala D. Harris regarding potential overlapping duties and conflicts of interest. In her opinion, there is no distinguishable difference between an elected public seat versus an appointed one.

Approval of Minutes:

October 13, 2014 was approved with some minor spelling/typo’s changes. One example, Peets was used instead of Pete’s for Pete’s Hardware. Changes and the Minutes approved 5 – 0.

Regular Calendar:

Items one and two on the (Revised Agenda) Consent Calendar – to be rescheduled

Item three on the (Revised Agenda) Regular Calendar

Sutter Eden Medical Center/David Ford, Site Development Review/Sign Review, PLN-2014-00122

Application to allow new signs for the Sutter Medical Center located on Subarea-4 (Lake Chabot Road-Hospital/Medical-Oriented Office and Retail).

The speaker for this item was the sign contractor David Ford

David confirms the Sutter Health company colors of Aqua Teal and White. While the monument sign was not in question as this is not attached to the building yet the 15” Halo Illuminated Reverse Pan Letter sign would be attached to the building. Marc Crawford questioned the teal color of the sign if mounted on the dark red/brown building and asked if there could be a background to the sign. The contractor advised at night the Halo effect would give the lettering a Black contrast with back lighting.

Marc Crawford commented about the contrast on the dark red/brown building and the teal and white Sutter Health sign what about white? The contractor responded the sign can be all white and will check for alternatives – noting Sutter Health Corporate Colors. Dave Sadoff recommends the white would be more appropriate. Marc suggested can they paint the building? Audience laughed (Assuming in jest). Marc is okay with the two tone color but not the teal on the dark red building. The contractor will give the customer the option of the background panels or changing the sign to white. If the client decided to change the sign the contractor will bring back to the MAC approval prior to Planning to signing off. John Ryzanych also commented that he is okay with the colors as is. It’s an approved logo – identity and does not have a problem the way it is and the colors look good together.

Dave Sadoff motioned and Sheila Cunha seconded the motion for the change to sign C (wall mounted) – from teal to all white letters and sign B (monument sign) as presented. 4- 1 Approved – John Ryzanich dissented.

Item 4 on the (Revised Agenda) Regular Calendar

Verizon/GTE Mobile-Net/PSA Institutional Partners, Conditional Use Permit, PLN-2014-00141

Application to allow a new roof mounted telecommunication facility in an M-1-B-40 (40,000 SQUARE FOOT, Minimum Building Site Area) District, located at 2497 Grove Way, south side, approximately 300 feet west of Morales Court, unincorporated, Castro Valley area of Alameda County, Assessor’s Parcel Number: 416-0080-001-03

The Applicant was not there to meet on this topic. However, there was a speaker card on this topic and the MAC allowed the speaker to comment on this topic. The speaker is concerned about privacy – kids at home, can see into the backyard, eyesore, radiation issues – antenna (concerned for his children) and the construction noise. The speaker also mentioned that in the report there is a generator and is also concerned with the noise and the fumes that the generator would cause. Marc advised the generator is used during emergencies only and would not run unless there is a power outage. The speaker asked if this could be stipulated. Marc encouraged the speaker to come back possibly on the 11/10/14 meeting to speak on this issue when the applicant is available. Staff gave the speaker a copy of the plans to review.

Chair and Member Reports:

There was no Chair Report.

Sheila Cunha shared that she did attend the unincorporated services meeting last week regarding Mission Blvd and Hampton area. Some options include: a nursery, DSAL project, park with events, or a retail store.

Talking about the conflict between being on the MAC and CVSan Boards, it’s kind of a moot point. California law specifically says that it is OK to be on both a MAC and a special district board. State code sec 31010 establishes and defines MACs, and just below that in sec 31010.5 it says:

“31010.5. (a) Service as a member of a governing board of a special district named in subdivision (b) shall not be considered an incompatible office with service on a municipal advisory council established pursuant to Section 31010”

This is most likely in the law because there are certain areas in the state (Inyokern in Kern County for example,) which have CVSan-like Community Service Districts (CSD’s) in place to provide services and also have advisory MAC’s -same as Castro Valley. They are different from Castro Valley in that the elected members to those CSD’s are automatically appointed to the area MAC’s as well for concurrent terms (thus effectively making an elected MAC.) This clause in the law makes that legal.

It might not be a conflict of interest in a statutory sense. However, I do think it is fair to question the wisdom of the BoS allowing folks elected to other districts being appointed to County commissions.

Governance
Supervisors to hear proposal for incorporation fiscal analysis

The Alameda County Board of Supervisors Unincorporated Services Committee meets on Wednesday, April 27 at 6:00 pm to hear from the Local Agency Formation Commission (LAFCo) about a proposed fiscal analysis of the feasibility of incorporating Castro Valley and the other Alameda County unincorporated communities.

This is a map of the location of Castro Valley Lumber
Community
6
Chick-fil-A next to Burger Island? Where’s the beef?

When you consider how this location is a gateway to this community, how poorly conceived this intersection is, and the increasing traffic along 580, it is fair to question the wisdom of placing a new drive-thru restaurant here.

Governance
Crawford to resign from MAC, be appointed to Alameda County Planning Commission

Supervisor Nate Miley has nominated current Castro Valley Municipal Council (MAC) Chair Marc Crawford to serve on the Alameda County Planning Commission, according to the agenda posted for Tuesday’s Board of Supervisors meeting. Crawford’s resignation from the MAC is also included on the agenda. The Planning Commission is made up …