Okay, we're gonna go ahead and get started here.

We're gonna have a roll call.

Council member DeVini.

I'm here.

Councilmember Davis.

Present.

Council Member Phoebe.

Here.

Councilmember Mota, excused.

Council Member Thomas.

President.

Vice Chair Mulgrew.

Present.

Chair Moore.

Present.

We have a quorum.

Okay.

For the folks in the room, um, our vice chair will be from a remote location, but um, he'll have the ability to participate.

So just want to give you a heads up on that.

Okay.

Uh, next item on the agenda here is our pledge of allegiance.

So I can ask uh vice chair or yeah, I don't want to do vice chair.

Let's do uh Tim.

Under uh okay.

Thank you, Councilmember Faber.

I wasn't sure um Vice Chair Morgan we could hear you or not.

So I thought it would be best to go with that, Tim.

Okay.

And uh we have a quorum here, so let's go ahead and um open the meeting up for public comment.

Deputy Chief Moore.

We'll go three minutes for anybody that um um would like to speak on an item that is not on the agenda.

Good evening, commissioners.

Can you hear me okay?

Perfect.

Well, uh thank you for having me tonight, even though I didn't make the agenda, it was sort of intentional.

Um, I just wanted to come and give a couple quick updates on our fire station uh progress um before you actually see some change here in the community.

So um I'm gonna start with station 25.

It's on our San Miguel, it's our sort of our downtown station there.

And I just wanted to give an update as of this Wednesday.

We will officially have relocated that fire station to our CB sanitary um location.

So um tomorrow we're actually gonna start tearing down sort of the last little parts of the fire station.

Wednesday morning will be our official move, and then you'll see fire engines responding out of our CV sanitary uh location.

We will be putting a fence up in front of our old fire station.

Um we'll have a sign on it that says that we've relocated temporarily to uh Marshall.

And so I just wanted first and foremost to let you know that you're gonna see that in your community here.

It won't impact responses as we've talked about previously.

The same amount of apparatus are still responding.

They're just gonna be at a different spot.

So that's the first thing I wanted to say is is that we made a lot of progress on moving forward with station 25.

Uh maybe a little bit more on 25.

Once we get off the property, they're gonna start working on the abatement inside of station 25.

So all the asbestos we're gonna start removing before we uh start the demolition.

So hopefully by the second week in April, you're actually gonna see that station start coming down, and I could provide updates if you'd like on the actual demolition, but we are sort of in full stride at station 25.

So, really positive news there.

Um, I'll pivot quickly up to our station seven on Palomaris Hills.

Um, we are in the all the underground has been completed.

So we've done all the uh piping, the trenching, and we now have rebar and our form and our forms are going up this week.

So within probably by the end of this month, if not the first week in April, you're gonna see some foundation stem walls up at station seven.

So we've actually really made or made quite a bit of progress at our station seven site as well.

So um my goal is to come back to you officially on the agenda, but I wanted to wait about another month, month and a half until I had some pictures so I could actually give you a real progress report.

But I just felt that it was really imperative to come and just let you know that your fire station is getting relocated effective the 18th.

So that's all I have.

Um, I know I'm not supposed to take questions and open comment, but I'm here if you need it.

Uh the green light then come on.

Um, what we'd like to do is why don't you come back on a land use meeting?

It doesn't have to be um this form and give us an update on it because it would fit in with the land use, and we have those twice a month.

Perfect.

And um, so why don't you just um reach out to me and let me know what meeting works best for you?

Perfect.

Okay, I'll I'll do that and just super excited to share share the good news.

Thank you.

Thank you.

Um you're on the line.

We're on public comment.

You have three minutes.

Anne.

Uh good evening, council members.

My name is Ann Ponagati.

I've lived on Beacon Hill Drive for about 12 years.

Um, I'm here because there's been a short-term rental on our street for over a year now that's effectively operating as event space.

We're not getting families on vacation, we're getting bridal showers, milestone birthdays, large-scale reunions, 15 or more cars, DJs, amplified music, other nuisances.

Platforms like Airbnb have not been responsive to our concerns.

They they fail to address the cumulative impact that we're seeing like weekend after weekend.

So I'm hoping the MAC can help us find a path forward that will protect our neighborhood.

Um, ensuring basic safety and nuisance control.

This property has a pool and sits directly, shares a property line with the elementary school.

This creates a potentially dangerous um circumstances.

We have all these turnover guests possibly drinking alcohol.

We've got kids who prefer to play in the street.

It's like we're just inviting inviting something, something to happen.

Right now, because our we don't have an hoa in our neighborhood and sort of part of our neighborhood character, we have no choice but to call the sheriff every time it's too loud or out of control, which is turning our sheriff and using their resources into a party control to to police this short-term term rental.

And so this property, it has like these high density sleeping arrangements, at least according to the posting, where you see like multiple bunk beds and single rooms.

So we wonder if that creates some sort of fire hazard and what would happen in the event of a fire on the property and and in our in our neighborhood.

We note that our neighboring communities like Hayward has a 30-day minimum stay to prevent this kind of hotelization.

San Leandro has the has prohibited non-hosted rentals, ensuring that an owner is on site.

And we're concerned that without clear local rules, this event venue model could become blueprint for other neighborhoods in Castro Valley.

And so I wanted to bring this to the MAC's attention and ask, you know, what the MAC can do to help help us align or help influence the super board of supervisors to align with our neighboring communities.

Um, what we can do from a fire safety enforcement if if if we're having these high density events or these sleeping arrangements that are would not allow egress in the event of a fire.

Um, so I wanted to uh raise that.

And I know you probably can't speak, but I wanted to go on record with it.

So thank you.

Yeah.

Yep.

I have no additional speakers for public comment.

And we have anybody else in the room that would speak on any item that's not on the agenda.

I'm gonna go ahead and close public comment.

Um, just a quick question.

Is there we used to get the verbiage up on the screen?

So if you didn't hear it quite well, you could follow it.

Is that not available anymore?

Okay, thank you.

Okay.

Um let's uh look at the approval of the minutes from January 20.

I move to approve the minutes of January 20th, 2025.

26.

Second.

First on the second.

Uh any changes or conversation about the minutes.

Okay.

Let's see what roll call.

For approval of January 20th minutes, council member Davini.

Aye.

Councilmember Davis.

I council member Phoebig.

I council member Mota, excuse council member Thomas.

Yes.

Vice Chair Mulgrew.

Aye.

Chair Moore.

Umsteen because I was not here.

Okay.

Minutes approved for January 20th.

Thank you.

Okay, next item on the agenda would be uh the California High Patrol update.

It's an informational item, and I believe officer Paps is your representation.

Hi, good evening.

All right.

Can you hear me well?

Okay, awesome.

It's great to see everybody.

I'm here with a monthly update.

I believe I'll be on the agenda next month as well for uh yearly overview.

So if you have any questions, I'll take them here today.

If I don't have any information for you, I believe I'll be able to present it at the next meeting.

So get those questions ready throughout your presentation for me.

All right.

So here are some statistics.

I'm comparing February of 2025 to February of 2026.

You can see we did not issue as many traffic citations this year.

And that's due to the fact that one of our special enforcement unit officers actually transferred out of our office.

And another one of our field training officers had a trainee.

So when we lose members of our special enforcement unit team, our traffic citations go down.

It doesn't mean that the beat officers are not out patrolling, but officers are still in the community doing proactive enforcement.

It just the numbers look a little different.

We have been very proactive on DUI arrests.

Injury crashes seem to have gone down, but non-injury crashes kind of went up.

And that just determined the difference between an injury crash and a non-injury crash is whether or not there's visible injuries or just property damage.

We did recover the same amount of stolen abandoned stolen vehicles.

I know the sheriff's office also recovers stolen vehicles as well.

And I wanted to point out that the statistics that I uh bring to you are specifically within the unincorporated area of Castor Valley.

We are still out patrolling on the freeways, however, I feel like the statistics for the community are more important so that you can see what patrol efforts that we're doing and the unincorporated jurisdiction.

Our last maximum enforcement period was over New Year's, and within that 24 hour period, our officers were out patrolling, and we did not have any fatal traffic crashes.

Next slide.

Next slide, please.

Some of the past events that we attended during the holiday season, it's kind of one of my favorite just because it's so busy and we have many opportunities to engage with the community.

One of the uh more positive events that we have was the Chips for Kids Toy Drive, where we collected toys and we were able to redistribute them throughout the community.

Uh we collected a lot of toys at the Walgreens, and we were able to take the ones that we didn't distribute at our office over to Davis Street.

And I know community members from all around go to Davis Street to get resources as well as food and toys for their families.

Um and there's some other photos up there from when we were at the Castor Valley tree lighting.

We had a DUI education booth.

So the CHP is not only about enforcement, but education is a big part of our responsibility to the community.

And we had several people come up and put on the DUI goggles, and you can see there's a child actually doing the walk and turn there.

Um, but we didn't just have children doing the walk and turn, we had adults as well.

Um, but that was a great event to hang out with the sheriff's department as well as uh the community members during the tree lighting ceremony.

All right, next.

Uh some ongoing enforcement that we have.

I just always really enjoy pointing out our reset uh side show enforcement uh where we partner with the Sheriff's Office, San Leandro PD and Hayward PD since its inception.

It's been wonderful in preventing side shows within the unincorporated communities.

And as far as I know, it's continuing through the end of this year and hopefully for the foreseeable future.

As not only do we prevent side shows from occurring, but there's also a lot of proactive enforcement that occurs, a lot of gun recoveries, a lot of drugs taken off the streets, as well as arresting DUI drivers.

And there at the bottom, another uh topic that we've been focused on is the enforcement of people trespassing on state properties.

Uh, we've been doing this proactive enforcement for a year and a half now, where we have a three-step process where we contact individuals who are trespassing on the state property, which is your freeway on ramps, living on the freeway and um in any dangerous locations, and we offer them resources every time that we contact them.

Um, the first time we give them a verbal warning.

The second time we issue them a citation.

And the third time, if they do not want help with the resources that we offer them, then unfortunately we take them to jail for trespassing on state property.

And it's been extremely effective because we're able to offer these resources to uh these individuals who are not in a very good position in their life.

And a lot of them take us up on the resources, and unfortunately, some of them don't, but usually by after going to jail, typically they want assistance.

And we've um partnered with or the Alameda County District Attorney's Office has what's called the CARES program.

And the CARES program has been very helpful with us because we are able to get these people suffering from either drug addiction or mental health crisis, or uh they don't have resources to get into housing.

The CARES program sends somebody a representative down, takes the person into the center and provides them a shower, food, and gets them a place to stay that night.

So we're grateful for their partnership because we feel as though it's really helping our community, as well as keeping the freeway and all the places that are very dangerous, keeping it safer for these people, as well as the motorists so that the pedestrians don't wander into the lanes of traffic or cause a crash.

All right, next.

Pedestrian safety.

That's a huge topic that we're trying to figure out how to educate folks who don't normally come to these types of presentations.

Umce jaywalking is illegal, that's kind of one of the issues that we're having on our vehicle versus pedestrian crashes is these pedestrians are wandering into the lanes of traffic, and they're unfortunately getting hit by a car because the driver doesn't have time to avoid them.

Um we haven't quite figured out exactly how to find these individuals and educate them or stop them because we can't just sit there and wait for people to cross the street and impede traffic.

So it's one of the um problems that we do have.

However, on the flip side of that, we do also have drivers who are not yielding to pedestrians inside of the crosswalk.

And last year we uh did an enforcement operation on Alana Carlos's birthday, and that enforcement operation brought attention to a lot of issues that we have in the community of drivers not yielding to pedestrians in the crosswalk.

We were planning to do one again this year, however, it was raining that day.

And uh, due to the dangers of having an officer walking in a crosswalk, we just didn't want to cause more problems during the rain.

So we are postponing that um enforcement operation probably in April.

We'll set one up and we'll let the community know when we'll be out there.

Um, and there's just more info on how 2025 we did have an uptick in our vehicle versus pedestrian crashes.

So our goal is to try to lower that number this year.

And one of our the ways that we do lower those crashes is focusing on in-view patrol by just driving around the area, because typically most people behave when the cops are around most of the time.

Next, please.

Uh upcoming events, April is distracted driving awareness month.

So for the entire month of April, our goal will be focusing on distracted driving.

That would be drivers utilizing their cell phone, uh, drivers doing their makeup in the car, drivers eating, doing all sorts of things but driving.

We don't necessarily need you at 10 and two.

I mean, that's we would like that, but we understand that sometimes you're traveling a long way and letting one hand off the wheel is it's okay.

But we don't want you doing other activities while driving.

So our officers that will be their main focus for the entire month.

And then at the end of April, April 28th to April 29th, that 24-hour period, our entire state is going to have a maximum enforcement period where the speed the focus will be specifically on speeding violations.

And our goal is to bring awareness to everyone who's traveling way too fast, and we want to try to slow everyone down.

Oh, and then one more event that I wanted to talk about was next week.

We will it's supposed to be a surprise for the children.

So I hope nobody from Castor Valley High School is listening to this meeting, which I doubt they are.

Um, but next week we are going to be doing our every 15 minutes program.

Um, and I'll talk about that more next week, but it's where we educate the high schoolers on the dangers of drunk driving, and it's a very impactful program.

So I'll touch more about that at the next meeting, but I just wanted to give you a heads up that that will be happening.

Okay, now next slide.

Uh traffic complaints, these are just complaints that we have in our traffic complaint log that are open and active.

When we have traffic complaints, uh, we take that information, an officer responds out to the area, as well as we have our senior volunteers drive through the area and report back as to what they see.

We did receive a complaint um at Proctor Elementary regarding the food distribution that occurs every other Tuesday.

Vehicles are blocking the driveway, and it was making it difficult for seniors to exit the senior center.

An officer went out there and I made this PowerPoint prior to uh the officer responding out there, but he did not observe any violations while he was out there during the duration.

So usually we'll uh close that traffic complaint out unless somebody notices or somebody reports something uh with more information, then we'll respond back out there.

But these are the ones that we have working right now, and I'm always taking traffic complaints.

So there's the information down there.

I don't think I need to say it.

And some upcoming education, our next Start Smart class is for our youth between the ages of 15 and 21.

It'll be at our CHP Hayward office on March 31st at 6 o'clock p.m.

If you'd like to sign up your team for this class, just give our office a call, or you can go on to Eventbrite and register and hold a spot in the class.

The new office.

I feel like I talk about this thing at every presentation.

And I wish I had awesome information, like the fire department.

Um, but our move in date is maybe June or July.

I just put summer 2026.

We're supposed to move in maybe this year.

I don't know.

Um I don't even know what's wrong right now.

It was the generator with some electrical issues.

I think it's the generator still right now, but um, I just don't even like hearing what's wrong anymore.

I just want to know when we're moving.

However, we still consolidated both the Castor Valley office and the Hayward office.

And since we consolidated the offices, um we haven't seen or the community hasn't seen a change in our patrol style.

If not, they've seen an improvement um in our enforcement efforts because of the fact that we were able to create our cops team, which I'm a part of, and our special enforcement unit that are able to address traffic complaints within the community, and we have more officers out on patrol during busier parts of the day.

So I know a lot of people were worried about uh the Castor Valley office closing.

And I just want to reassure you that I don't feel as though there has been any change to uh the service that we've provided to the community.

And that is all I have for you.

I'm hoping you have some questions for me.

Why don't we go ahead and open up for a public comment on this item?

And what we'll do is uh we'll go three minutes for public and then we'll come back to the room.

Um so we'll go uh online and in the room.

Caller, you're on the line.

We're on item six.

You have three minutes, Roy.

Yeah, thank you.

Firstly, uh just want to thank Officer Paps for giving up some of her evening time to come along today.

Um incident that was not in the presentation, because I think the presentation was submitted um a while ago.

Um wondering uh I had connected with you about this.

There was uh an accident on Center Street uh Edwards, I think about a week ago, a week last Sunday, where a cyclist was severely injured uh in a cyclist vehicle incident, which uh, you know, unfortunately always turns out with the cyclist being very injured, I believe this person was taken to Eden.

Um I'm not sure if you can provide any any details of that this time or maybe next time.

Um, you know, one of the reasons, one of the reasons these incidents occur is the lack of safe, you know, cycling uh infrastructure uh in the unincorporated area.

One of the reasons that there is that lack of infrastructure is unfortunately to the Mac.

Uh because the Mac has historically been an obstacle uh objecting uh to the implementation of bike lanes and safer, both safer bike bicycling facilities.

Um not only do you you know obstruct the implementation, uh you actually try and take away bike lanes that have already been implemented.

And to some extent, it seems like you even relish in doing that and enjoy doing that actually.

It's quite sad.

So whenever these incidents occur, you need to know you share part of the blame.

You share part of the responsibility.

And while we never waste an accident on anybody, maybe you can take this occasion to kind of reflect on some of your past um behavior.

And maybe next time the topic comes up, you might be a little enlightened in understanding the needs for bicycle infrastructure because it saves people's lives.

I have no other speakers for this item.

We have any speakers in the room.

Okay, nobody online.

I'm gonna close public comment and uh go to the council.

And uh for any comments, this is uh informational item.

And uh if we have any questions or comments, we can certainly share them with Officer Paps.

So let's uh go ahead and start with um uh councilmember Davis.

Uh thank you again for an excellent presentation.

It's always very informative.

My my only disappointment was I was hoping you'd have photographs of all the CHP vehicles, so I'd know what to look for in my review bear.

Just the Durangos.

We don't have any black and white Durangos right now, just the SMPV ones.

I have no other questions or comments.

Uh council Thomas.

Yes, my first question is as the caller spoke about the accident.

Do you have any details?

So, as for details, the crash is still under investigation.

But as he reported, yes, the bicyclist was severely injured.

Um from the sounds of it, it was just an unfortunate accident that occurred.

Um, just like car we have car crashes all the time.

Um sometimes the car collides with a bicycle.

And um, as far as the specific details, I know they're still determining all the circumstances of the crash.

So I don't have anything to release.

Got it.

So it's still under investigation.

It could be, you know, it's an unfortunate accident, like you said, right?

Yeah.

And that's the hard part is accidents do happen.

Um we respond to them daily, vehicle versus vehicle crashes.

Um, but when it comes to a bicyclist, obviously the bicyclist is not protected because they don't have a large metal frame around them.

Um, and it's very unfortunate what happened to the bicyclist, and I hope he recovers.

All right.

And then with that topic, you know, I don't know if you heard in Burlingame.

Um, I guess uh e-bike, 11-year-old riding an e-bike and a car, you know, got in an accident and the car ran over a toddler, and then toddler died, but they're soon uh the parents are so in the e-bikes parents, and then uh the kid is 11 years old, and then the you know the car that created the crash.

But you know, we're not clear about the loss on e-bike because kids are using it, right?

11-year-olds, 10-year-olds, and they're all over the road.

And I'm not talking about the bike, you know, bike people there, they mostly follow the law.

They're law-abiding citizens, they do their stuff on the bike lane.

But the e-bikes with the kids, you know, I go pick up my daughter at school, you see them coming right into traffic, then get out of traffic.

What are they following?

And they don't have a license.

They're just riding it just for the fun of it, and they think that it's okay to go zigzag through the traffic.

So is it has anything changed in uh this year?

So we're educated educating ourselves on the new laws for e-bikes.

I you know, e-bikes came out on the market handful of years ago, and I don't think that the California Vehicle Code was prepared for what was coming when it came to these e-bikes and how fast they're going.

Um, but they are required to follow the rules of the road.

They have to be, if they're on anything that's electric, they have to be 16 years of age or older that goes over a specific speed.

And you can find all those rules and guidelines on the internet.

However, I don't think that the people who are letting their children just go out and ride them are following those rules.

So our goal is to try to educate people.

Um we're working on getting information together so that we can present it, hopefully at the schools to at least educate the children so that they know the dangers and hopefully stop riding those e-bikes in the street and recklessly, but making sure that they're also being safe for not only themselves but other people around them.

And I don't know about the incident in Burlingame.

Yeah, you know, uh, I'll just use it as an example because if we need to find uh uh some loss to control this because I think we're gonna lose people because somebody's gonna run somebody over and it's just gonna be unfortunate.

And yeah, I hope that doesn't happen.

Um and hopefully we can get ahead of it and educate everyone, parents and students, but definitely the children out there riding how they shouldn't be in the street.

Exactly.

And the third thing, jaywalking, you talked about it.

Um if um if a car driver runs into a a jaywalker, you know, how does that play out?

I mean the who's at well, that's kind of one of those questions, like I'd have to look at it.

But if a pedestrian is impeding traffic and a vehicle hits them, then it would be the pedestrian's fault.

So in vehicle crashes, it's not always the driver who's at fault.

There could be a time where a pedestrian is at fault for impeding.

Even though jaywalking is legal, which I don't agree with jaywalking should not be legal, it should be illegal.

But I don't know why they would they change that.

But you know, I was just asking that question because you know, uh vehicles shouldn't be at fault if you're a jaywalking.

Yeah, when you're driving your car, uh it's very important.

We call it a high visual horizon to kind of look around you and observe not only the traffic in front of you, but the sidewalks of people who may potentially step off uh young kids who are walking around.

Um, but if somebody does dart in front of the dart in front of a vehicle, how could they safely avoid crashing into that person?

So, yes, there is some things to protect a driver, however, I think any human would be very upset to hit a person who is in the street, whether or not it was their fault or not.

Thank you so much.

And always great having you here.

Thank you.

Well, let's go on to Councilmember Davini.

Uh thank you, Chair.

Uh thanks, uh officer.

Paps.

Um on your uh events, you had a DUI booth.

I'm I'm assuming that's not a sobering booth.

Um have you uh uh DUI.

Uh you mentioned DUI goggles.

It's it's demonstrating the process that you go through when you're pulled over for it.

You talk uh, I think there's a picture of a kid walking the line.

Yeah.

So we have um their DUI goggles and what is that?

So I could bring them in and show you.

Um there you put the goggles on and it obstructs your vision, kind of like what alcohol does to you.

People are like, this doesn't this isn't what it's like when I'm drunk.

Well, that's what's going on inside your brain.

But while you're intoxicated, you don't really realize what's happening.

So we have different levels, like 0.06 to 0.09, I think of the goggles, all the way up to I think like a um I think it's like a 2-0 for to show the different levels of impairment, and they've actually also given us marijuana goggles as well to show kind of what happens um to your brain when you're under the influence of marijuana and how it obstructs your vision.

And then at our DUI booths, we do put people through, like the walk in turn or the one-leg stand, um, just to demonstrate how unsafe it is for them to be moving around.

Ah, this is my idea, so it's probably a bad one.

But have you ever thought about putting breathalyzers in your DUI booth uh in public events so somebody could do a checkup before they they get in the car?

Yeah, we can't do that.

I didn't think so.

Yeah, there's rules against it.

I would imagine there's a ton of liability associated with it.

Yeah, exactly.

You have to get an incorrect reading or something along those lines.

Uh well, all our PaaS devices are calibrated, but it would be the liability that we would get.

Sure, sure.

Um on the uh uh neighborhood uh traffic uh complaints.

Glad to see that you're uh you have your eyes peeled for Alman and Christensen.

That's where the Castor Valley parent uh nursery school is.

Yes.

And and those are real small youngsters uh that are getting uh uh led across the street there.

Um I was actually just talking to our senior volunteers about that intersection because not only do we send officers out there, but the senior volunteers go out and patrol um in case the officers are busy on at a crash and they were noticing how bad it is.

And I've actually spoken to public works about kind of taking a look at that intersection and seeing what improvements can be made um after the I think it's a PTA reached out to me.

Yeah, they they put uh I believe it's a single line uh designation for a crosswalk there a number of years ago, pursuant to the uh uh nursery school having its C UP uh uh renewed.

Uh but it doesn't look like it's a deluxe uh safe crosswalk.

So maybe that is something public works uh uh uh can look at.

Uh uh Proctor Elementary with the uh food distribution.

I'm pretty familiar with that because I helped them set it up years ago.

Um if I can recommend they have a lot of volunteers there, a volunteer with a vest should be posted to help control traffic.

Okay.

Uh it it's easy to do.

Um, and and then they won't have the confusion with the seniors leaving uh the Ken Aikman uh center.

So our officer went out there and didn't observe any issues at the time, but you know, every day is different.

So maybe the day that they were reporting, it was just a bad day for drivers.

Yes, yeah.

And of course, I I would be remiss if I didn't mention the danger of Crow Canyon.

Yes, and and and of course, my new pet pet project is going to be James and Redwood Road with the new intersection there.

And it's really difficult for the cars to navigate, but furthermore, everybody that lives in the neighborhood has has greater difficulty because they want to slow down to see how many more skid marks there are up against those curves.

Um, and they're constant.

Yeah, and um I've I've had a number of pictures sent to me and videos sent to me of cars all jacked up.

Um so anyway, that's that's a kind of a dangerous uh intersection that uh might warrant some uh some attention.

And we are aware of it.

Um our officers routinely go through there, and I think with any change to an intersection, it just confuses everybody.

Um, and so we're that's kind of one that I just never until now received a specific complaint on.

So we'll continue to monitor.

I wouldn't want to see your officers flying through there in pursuit of anybody or having to turn up uh James Avenue from Redwood Road.

Yeah, it's it's difficult to navigate.

Maybe you guys will hit the curbs as well.

Uh thank you, uh officer.

You're welcome.

Council Member Feeberg.

Yes, a couple of questions questions, a couple of quick questions, officer Paps.

Thank you very much.

Um bikes, you know, you you're having a hard problem policing jaywalking.

What's your thoughts about policing bikes in the future?

You because they're always uh I see them and they're always you know running red lights and you know, as another member said, in traffic on the wrong side of the road, against traffic, things like that.

Yes.

When we can and when we can safely stop bicyclists, we do uh for running stop signs or running red lights because they aren't protected in the vehicles.

So our concern is their safety, and we want to make sure that they yield to traffic as well as obey the rules of the road because they're required to obey the vehicle code as well.

Okay, good to hear.

Thank you.

One last question.

When do you talk about you're gonna have an enforcement day for speeding?

Well, I'm always curious.

What is speeding like and when do you start pulling someone over?

I've always heard 10 10 miles an hour is kind of a buffer.

Is that true or is that a no comment?

Well, technically, letter of the law, we could pull you over one mile over the speed limit.

But our concern is whether or not the speed is safe for the roadway conditions.

Um I can't necessarily say, you know, today you could go drive 35 in a 35 mile per hour zone, but if it's raining, well, maybe 35 in that 35 mile per hour zone isn't actually safe.

So there's no black and white definition as to if you are 10 miles over the speed limit, then you're absolutely being pulled over.

It just depends on the circumstances.

Okay.

Thank you.

No further questions.

Council Pops, thank you for being here.

Um, I'm gonna go to Bill.

You want me to go to him first?

All right.

Council Vice Chair Mulgrave.

Thank you, Mr.

Chair.

Um, thank you, Officer Paps.

Much appreciate the report and much appreciate the work that the patrol does in Castro Valley.

You keep us safe.

Um thank you.

One quick question.

Um for your annual report that you're coming back for.

Can you show um the number of patrol hours that are spent in Castro Valley this the year over year?

Um I don't know if I can pull those statistics.

The state has kind of an antiquated system of tracking enforcement.

Um are you looking for like how many officers we had assigned to the area or specifically like how many hours they were actually patrolling up because I mean ideally the latter, but you know, there I'm just guessing there has to be some comparative unit number that would say, you know, in 2025, we had this many people on the street in Castro Valley for this long compared to 2024.

We had why, you know.

I'll see what we can do.

Um, it's really difficult to kind of track that.

Um the way I pull the statistics, it's off of the beat system, and it's kind of like information that we can we manually input is the data that I'm actually pulling.

So an officer, like how many hours was he specifically in Castor Valley?

I may I don't have access to that information.

Um where I think you're kind of asking like how many hours they spent in Castor Valley, not like how many hours they're at the office writing reports and things like that, or it kind of would be tricky.

But I'll see what I can do.

I'll talk to management and see if there's any information that I'm unaware of that we're able to obtain.

Thank you.

Appreciate it.

You're welcome.

I'm done.

Thank you, Mr.

Chair.

Okay.

Okay.

Um I have a just a few questions and um one on this report that you generated for us.

Is there any way that we could put on the next one?

Um bike issues because the e-bikes seem to be coming more and more an issue in the community.

Um, I know uh I see a lot of them.

So it would be nice to know if are we having any issues with them and um also including that bicycle.

Um the information that you're looking for, is it like vehicle crashes or vehicle versus bicyclist crashes or bicyclist crashes?

Uh I think just about anything to do with an accident or uh excessive ticketing or or something that we could work with the schools of the community on if we knew that um there was a lot of e-bike um violations going on or and everything.

Uh I hear more and more about it, and it's becoming a uh a broader way of transportation.

So that would be kind of nice.

Um and then um I would just uh like to uh get an update when you guys get ready to open the Hayward office so that um we could kind of have a tour or something like that would be great.

Oh, absolutely.

We're planning to have an open house to the public.

Um I used to talk about it more when I thought the office was opening soon, but now that it's been delayed so much that I forget that we were planning a party.

So we will uh have an open house and then uh I believe elected officials will be having their own open house.

Okay, and then um out on some of the rural roads, Crow Canyon, I think Palomares Canyon, they have these electronic um your speeding slowdown signs up.

They also have counters on those, and it'll give you a rough idea of the speed that um automobiles as an average were traveling.

Do you guys have access to that?

As far as I know, we don't.

Okay, we gotta figure out how to get you some access to that because um that could be an important tool to identify areas of uh I consider to be somewhat dangerous.

Um and I can show you a picture of a car in a ditch right across from the ranch.

Yeah.

Um this week, last week on Friday, I think it was.

I don't know how it got in there, but it was in there.

Um, and we had to pull the lady out and everything.

But um, and then the next thing is on Crow Canyon Road, uh last week I picked up a calf that couldn't be more than you know, a week old.

And at first I thought it was a dog, but I pulled over to the side of the road and I grabbed it.

It was a young calf and put it in the back seat of my truck, which my wife wasn't happy about, but either way it goes, I could not get people to slow down slow enough for me to get this calf out of the road.

So these rural highways, we really would appreciate as much attention as we could get on them because um, I mean, that calf could have been usually toast in five more minutes.

Yeah.

I can assure you that Crow Canyon Road is a road that we definitely pay attention to as well as Palomaris Road.

Um, and our office is considered a training office where we routinely have people transferring out and we're getting new recruits from the academy.

And one of the things that we're emphasizing is traffic complaints and making sure that they are continuing to pay attention to the rural roads as well as checking in with the locations that I presented that community members are uh concerned about.

And I know Crow Canyon is one of those streets that's not going away, if not or the traffic complaint is not going away just due to the fact of technology diverting people around the freeway and making that almost like a speedway.

So we will continue to patrol it and we're also educating our new officers to go through the area and pay attention.

Yeah, we had a an uh a death on top of uh right on the border of Castro Valley and San Ramon about two months ago there, three months ago.

A couple months, yeah.

Yeah.

Um an accident.

But anyway, uh we appreciate the help and support you guys give us.

Um I just like to say that if there's something that's an emergency to communicate with the community, and we don't have to wait to a general purpose meeting.

I would just give us a shout and say, hey, I guess something that's really important to get out to the community.

Um and I'll make sure it gets on the agenda long as we have uh enough notice to be um gendized.

Okay, perfect.

So um thank you very much.

Umly one.

It only takes one.

Uh as you well know, I'm on Crow Canyon as well, and and I've gotten two calls uh to to pick up uh cattle on the uh on the road.

Uh one of them was about four in the morning.

And luckily uh I had a horse trailer, I was able to get it on there.

Do you have an emergency contact?

It was it was not my it was not my cattle, yeah.

Uh and I know whose cattle was out there.

Um, but do you have the ability to to to deal with that?

Because the the call that I got about two years ago was literally in four in the morning, and it was from a neighbor that stopped, and the CHP officer said, I am not calling animal control uh because it's gonna take me forever.

Um is there anybody that can come and get this?

And a neighbor that had stopped uh where the where the calf had been hit, uh ended up calling me.

So do you have a local uh chance to be able to get them off the road?

Our dispatch center should have some information on local ranchers in the area.

Maybe you're on the list of people that they call to assist with that situation.

Uh I'm not sure if the SO has a livestock book either.

Do you guys have rancher information?

No.

Okay.

Nice right.

All right.

Um so there should be uh through our dispatch center.

We obviously don't want you out there in the middle of the street trying to grab the cow yourself.

So we will respond out there to assist.

But our goal is to obviously get the whatever animal it is out of the road.

And typically, sometimes our information isn't updated routinely, but we should have information available.

How long ago was that?

Uh the last incident was about to two years ago prior to that.

It was probably five years ago.

Okay.

Um, and uh the officer got my number through one of the residents that that happened to stop at the scene.

Oh, okay.

So it probably don't I don't believe I'm on any list or anything like that.

So Chuck would be a good guy to put on that list.

We could put Chuck on the list, yeah.

Have him come out.

He has a horse trailer we know about.

So thank you.

Um I'll make quick Chuck wants me done right now.

So uh I'll make a quick um uh alcohol is point oh eight.

Is there a number for marijuana?

We do not have a presumptive limit for marijuana.

So it's just how how high are you?

Yeah, you should never uh drive under the influence of any substance.

Got it.

So I was just asking because there's 0.08, but you know, I know they're working on something, but I didn't know in that no.

Um as of right now, there is not a presumptive limit on marijuana, and we actually don't want one because we want to be able to determine whether or not you're under the influence of that drug while driving and making sure that we're removing removing you off of the street before an accident occurs.

Got it.

Thank you.

Thank you, officer Paps.

We appreciate your coming.

And look forward to seeing you next month.

Yes, sir.

Have a good meeting.

Thank you.

Okay.

Next item on the agenda is uh the Castro Valley Crime Statistics Update and uh trends, and we have uh two deputies to present this.

Um, I believe uh Lizalic is you have to help me with your last name and Finley.

Yep.

Thank you.

It's Deputy Lazouk, it's not very common spelling.

Sorry about that.

Uh like I said, I'm Debbie Lazouk.

Uh, this is my partner Deputy Finley.

We're here to present crime statistics from what changed from 2024 to 2020.

Officer, can you pull that microphone a little bit to you?

Yeah, and uh everything has to be recorded.

Thank you.

We better know.

Okay.

Uh if we could actually forward to the last slide of this, we won't be presenting the uh real-time information center.

Uh, that was Sergeant Coley who was supposed to present that.

However, he's not able to be with us here tonight.

So if we could just uh fast forward to the last slide here, we will not be presenting the real-time information center uh slideshow today.

Uh Sergeant Coley, who leads that up, he was unable to join us here tonight.

So I'm just asking the board that we could uh continue that to the next meeting.

You don't did you have this presentation?

No.

So Sergeant Coley was going to present that today.

However, he wasn't unable to join us today.

So we're asking the board to continue that to the next meeting.

Perfect.

Um yeah, so it's a great presentation.

So I think everybody would enjoy it.

So let's do that.

When do you think you'd come back and do it?

I spoke with him last week, and he told me he'd be able to uh participate in the meeting next month.

Next month on the general purpose meeting.

Yes, sir.

Okay, that'd be great.

Are you gonna um go through your stats?

Yes.

Okay.

So we've broken up our stats here into uh three categories.

We'll start with the top one here crimes against person.

Uh homicide rapes, sodomy, and sexual assaults with an object have all come down.

Uh fondling doubled.

Uh, however, typically that's not a very good topic to speak about.

So people will hold that in.

Once they reported, they uh report several incidents at the same time.

So that number will vary a lot.

Uh aggravated assault and simple assault.

Um, one went up, the other went down.

Those kind of flip-flop together, just depending on the extent of injuries during the uh incident.

So it just varies from the uh misdemeanor to felony variety.

So as one went down 21%, the other one went up 23%.

It more or less stayed the same.

So there isn't a big change there.

Threats, kidnapping, incest that all went down.

Um we don't get those super often.

Uh, and overall total violent crimes for that category and crimes against person were up just slightly at four percent for uh year over year.

And as we move down to crimes against property here, uh robbery has gone down 34%.

Burglary, breaking entrane, also down 30%.

And that's just a um that's just uh sorry about that.

That's just uh change in uh policing, uh more technology available to us where we're able to uh deter that ahead of time.

Uh larceny and theft is up 31%.

Uh people are still uh unfortunately stealing things from stores, stealing things from people, and the large uptick that I'm seeing in that based on statistics is just uh changing company policies in the area.

We have a lot of businesses here uh in the village that are super successful, people like coming out here and shopping and unfortunately stealing as well.

And we're seeing uh greater calls from these businesses that they want to pursue a criminal complaint against these people once we catch them.

So that's just the uh uptick there on 31%.

That we're just getting a higher call volume from a lot of these stores now.

Uh motor vehicle theft is down 25%.

Uh same thing, just kind of a change in crime trends.

Uh we had a lot of issues with Hyundai's and Kiyas being stolen for a few years, and finally, all those manufacturers are catching up and correcting all of the uh errors they made in designs of those cars that made them so easy to steal.

So it's actually the manufacturers that are helping us bring that number down quite a bit more too, and just people being super aware of how to properly store your vehicle so it doesn't get stolen and uh giving it a lower propensity for that happening.

Um we have arson is stayed just about the same, same with counterfeiting and forgery.

Uh vandalism has gone down slightly, however, it's uh maintained about the same there.

Embezzlement, that just depends on how uh typically companies want to report it, whether they're having issues or not.

And same thing like I mentioned earlier.

Once they report something, they kind of start overreporting it and tell us about several other instances that have happened over the past uh year, sometimes five, ten years.

Uh fraud offenses are up 113%.

Uh, that's just the uh great rise in sophistication with these.

We get a lot of uh folks who call us and tell us that hey, you know, I just got a call from whether it be the IRS, some uh state tax board or whoever might be that they got their number and they're trying to basically just kind of push them for a quick cash.

And uh unfortunately people fall for that, so we just advise everyone if you get a call out of the blue for someone asking for money, uh double check before you start feeding into that.

And that's kind of our patrol has gone forward with educating people more on more on that.

So hopefully we can kind of bring that down a little bit.

Um stolen property offenses are down 60%.

And that's again just outreach from us, uh telling people to lock their car doors, you know.

Um, we always hear, oh, I live in a safe neighborhood, and things like that don't usually happen here.

And we say, good, it's a it is a safe neighborhood, then let's keep it that way.

Let's lock all our doors and uh just prevent uh the opportunity.

Uh total property crimes were up three percent year over year, which stayed more or less the same.

Um as we move down to the last quarter category here, crimes against society, uh curfew vagrancy loitering is down 86%.

Disorderly conduct is up 111%.

Uh it's we Castro Valley is kind of a main thoroughfare.

We have uh major freeway that runs through here, uh Bard Stop, the nearby uh homeless shelter we have over here on Redwood.

So these disorderly conducts just kind of happen and we deal with it.

We give people the option, but if they're habitual offenders, we'll kind of eventually have to do something about it rather than uh send them to the hospital or like Cherry Hill or something like that.

Uh driving under the influence, drug equipment violations and narcotics violations are all up.

I would kind of bring that a lot of that to our deputies being more proactive and finding these things.

Uh family offenses nonviolent, those are down 14%.

Liquor law violations, we don't get very many calls about that.

Um we have grants where we're able to hire more deputies and specifically deal with uh these liquor law violations where we could do um minor decoys or shoulder tap operations just to make sure that all these uh liquor stores and bars, everyone is in compliance with the law.

No change on these uh next two for obscene materials or prostitution offenses and trespassing is up just 44%.

Uh a lot of that is just um our transient population here who loiters, they need somewhere to lay their head down, and we get calls about it.

We also have opening complaints for several of these businesses.

So uh we're just trying to give them the benefit of the doubt, but if it's a habitual offense, then we do have to act upon that.

And weapon law violations are up 13% year over year, just from 30 to 34.

It's not a large uh up to uh total society crimes for this category are up 32 percent.

However, that uh liquor law violation up which shows up 300% weighs heavily on the percentage median there.

So that's all I have for our crime statistics reporting year over year.

I will open it up to public comment.

What like to do is um I'm gonna go to the uh public for comment, and um we'll come back and you can hopefully address some of those questions or concerns.

So um do we have any speaker cards?

I have I have no speakers for this item.

Yeah, no speakers online.

Okay, I'm gonna close public comment and go to the council for comment.

Um, let's go ahead and start with uh oh council member Davis.

Thank you, officers, for a very detailed report as to what's happening in our our community.

One of the things I'm um interested in is to what degree is the sheriff department uh providing uh enforcement of uh vehicle laws and bicycle laws, etc.

We know the CHP is is active in that.

Um to what degree are uh is the department involved with that, and are we keeping those similar statistics that you are with these subject matters for collisions and um traffic sites?

You're talking more in terms of like our how are we being proactive about traffic violations in Castro Valley?

Yes, any of the sort of level of enforcement, and that's where I think.

Yes.

Yeah, so I I actually just came to core um at the beginning of this year, but previously I was on patrol.

Yes, I was on patrol for uh four years prior to that.

Uh part of which the last part was in Castro Valley.

Uh I know we're seeing a big uptick in proactivity from deputies on top of their calls for service that they go to all night or during the day.

Uh we have set proactive operations.

Um, like CHP was saying earlier, there's a unit called Reset that goes around and does proactive enforcement for sideshow purposes, but that turns into um basically enforcing the traffic law to the fullest of the extent of it, whether it's towing vehicles, uh citing, you know, traffic violations such as speeding, um, reckless driving or using uh ALPR flock data to find violent felonious vehicles, stolen vehicles that come into the area, uh, which is I think why you're seeing a lot of uh decrease in a lot of the property crime stuff uh and a lot of the violent crime because we're seeing these cars come in our area before they can get to do anything in Castro Valley, and we have them set up everywhere.

So in terms of like statistics for uh how many hours is that what you're kind of getting at too for the number of incidents, the number of incidences, um the volume that you're dealing with is the reason is you know this becomes a part of the document of and a record, a public record.

And I'd hate people to think that this is all that the sheriff department does, and then I know that they're involved in in vehicle enforcement and and enforcing other laws that sharing those statistics as well, uh provides a more complete picture as to what you're doing.

In terms of like the number of traffic enforcement stops that we're doing as an agency, correct.

Yeah, okay.

Um the type of violations too, if you're doing that too.

Yeah.

And I'm sure we can come up with a list uh about that.

Absolutely.

Good evening, Captain Sean McMillan.

Uh I oversee our patrol division out of uh Eden Township substation as well as an investigations.

Um, this is a handful of pages of about a 60-page report that I review every month.

And it does encompass traffic enforcement, the top 20 um most common tickets written, where crime is occurring.

Uh it's very in-depth, and and we do a uh a monthly report.

I don't think that's available uh on like our transparency portal, but if the board is seeking further detailed information, I can certainly provide that.

Additionally, we have a motor unit that's pretty much dedicated to traffic enforcement.

I know that the CHP their primary mission is traffic.

Um, you know, there are they also do DUI enforcement.

We operate, you know, in the DUI campaign, you know, spectrum.

Um, do we just did a DUI enforcement campaign, a small one this past weekend.

Um, but we have very detailed stats on that, and we can pull those.

That'd be great.

I'm and I'm glad that you have that information.

You could just sort of add it to the next report as to I know I appreciate these guys on that.

Thank you.

Okay.

Councilmember Thomas.

Yes, uh first question.

Uh thank you for being here.

Thank you for all your hard work.

Uh the flock flock cameras, I know those are on the parking lots of uh most of this tours.

Please explain uh what it does.

Um I'm gonna touch on it briefly just because Sergeant Coley, as I said, is a full in-depth presentation.

Um flock are license plates readers that uh law enforcement across the county and other counties use um to be able to deter uh a lot of times crime before it happens, and it's also a tool that we can use investigatively to be able to get leads on possible suspects and suspect vehicles.

Uh, for instance, in Castro Valley, let's say that there's a house that gets broken into and we have a possible suspect vehicle um that's leaving the area.

I can run a search on flock, and if I have something to go off, like, oh, it's a red sedan, can search something like that, and I can find possible vehicles that uh were in the immediate area of a crime, as I said, using the draw feature, and I can narrow a list of suspect vehicles down.

Then from there, our investigators and our detectives can work up on those vehicles, and we can pretty much figure out which car it was that was in the area, and then it takes off our investigation from there.

And if we didn't have those, we would never be able to know what vehicle uh was in the area.

Another common thing we're seeing is people are starting to cold plate or put fictitious license plates on their cars.

So someone might see a red sedan.

We run the license plate and it comes back to a white Chevy truck.

So without those cameras, we would never be able to see that it's a cold plated car.

Obviously, you see a cold-plated car, that's probably going to be our suspect vehicle, and it makes the investigative process go by a lot faster.

Thank you.

And my second point pity theft.

And I have friends who work lots of prevention asset protection.

Petty theft is not a crime anymore.

They just uh, you know, at one point, like 200 or under, they don't even call the police anymore.

You know, it's kind of sad, but you know, it is a reality.

They feel that the district attorney's office doesn't do anything with you know petty theft.

So they just handle it themselves inside.

So I think if we we were prosecuting petty thefts, I think numbers will be up.

And uh, you know, I know the last four or five years, things have changed, the politics have changed.

Um, but I think we could should get back to you know making people responsible for stealing from stores and other establishments.

Um petty theft should be should be a PC violation.

So I understand.

Yeah, thefts in general, uh for the stats again, our uh our arrests are up, and it's because I think business owners are getting tired of nothing happening.

I did loss prevention before I did this.

And same thing.

It was almost like for lack of better terms, the juice wasn't worth the squeeze when it came to trying to apprehend someone for a hundred, two hundred dollar loss.

Uh the problem is it's the same individuals coming back to the city of Calstra Valley doing the crimes.

Um, and now we're actually charging them and holding them accountable.

Business owners, a lot of the time, if I showed up and we detained the right person, they would say they just wanted their stuff back.

They didn't want anything done with the actual suspect.

And so we would let them go.

And uh as long as they didn't have any warrants or anything, and now uh business owners are starting to, you know, take matters under their own hands and they're pursuing a criminal complaint now.

It's not just I want my stuff back.

So we try to, you know, stress the importance of you know having a zero tolerance policy for that and actually going through with their portion of it, which is or their side of it, which is wanting to pursue the criminal complaint against the suspect, because I can't force anybody to do that.

The business or the business owner doesn't want to, I have to you know take it for what it is and move on.

But people are actually starting to put their foot down now, which is nice.

That's good to hear that people need to uh make people responsible for taking their stuff.

Thank you so much.

Councilmore Davini.

Uh thank you for the presentation.

Um I I have trouble making sense of statistics, just because there's so many variables involved.

Um, you folks might start doing greater enforcement, which would result in more crimes being reported.

And in fact, you're doing a better job, and it might look the opposite.

So uh, and of course, there the the universe of unreported crimes is is is an unknown.

It's not in the statistics.

Um the the it it appears that the trends seem to be suggesting a slight uptick in crime.

To me, as a citizen of Castro, it doesn't feel that way.

So um, so I'm not gonna uh escoriate you and say, oh my gosh, things are going up by 10% or or or 3% or 32%, because it it and maybe I'm too influenced by what I see on the on the TV.

Um Castor Valley doesn't have a lot of riots or or or uh uh big arson events or anything like that, and that's what really grabs your attention.

But it just seems for whatever reason the crime seems to be down.

The one crime that I'm curious about, I think my source of information is Facebook posts, and I know how reliable that is.

Um but but one source of crime that uh Castro has just been just uh banging its head on is catalytic converter uh thefts.

I I'm not reading as much about that.

Is that in fact down?

So in 2024, uh I remember there was a big uptick in catalytic converter thefts, and I think the the biggest thing that goes into it is the price that a suspect can resell a catalytic converter for based on the price of the copper.

Um I know in 2025 it was a huge decrease in it, and it was because the actual price that they could get for a catalytic converter uh was not very high.

So you would have adults basically contracting juveniles to do the crime for them, and then they would say, hey, you get this many catalytic converters and I'll give you this much money, and then he's taking the bigger profit format.

Um, but it's not worth it.

Like I said earlier, the juice isn't worth the squeeze with that because they're not getting a profit.

The risk in them doing that and committing a felony isn't worth um the money that they'd get as a reward on the other side.

So uh thank you for that.

You mentioned that you uh uh were patrolling for I think four years personally.

You said that now you're on to another another job.

Um how much consistency is there uh of the of the half a dozen deputy sheriffs that I know, they're they're bouncing uh between patrol, uh uh special uh task forces, uh uh uh Santa Rita, unfortunately.

They seem to constantly be on rotation.

How much consistency do we have in the force uh that is uh uh overseeing Eden, Eden Township area, uh including Castro Valley.

I thought you might want to answer that.

That's my last question.

Thank you.

All right.

Well, I'll give you some uh perspective from the 10,000 foot view as the boss going back to crime trends and which direction things are trending in our jurisdiction.

I've worked at ETS for 20 years, been on 25.

So uh and now I'm uh at a level where I can see it all from uh an interesting perspective.

Um calls for service are way down, way, way down.

I don't have the raw numbers in front of me.

Uh the number of reports that we draw is down by the thousands compared to when I was working out here.

An average month I would take 30 reports, sometimes 40 up to 60.

Rarely do I see deputies taking more than 20 reports a month.

Very rare.

If if they're taking 20 reports, they're getting after it.

So as far as it as our homicides are way down.

We had two last year.

Um and one of them was a road rage fight, you know, so right over here.

Um and the other one was something that wasn't, you know, it wasn't a murder, right?

It was an accidental discharge of a firearm.

Okay, so like way down compared to the last five, six years.

Uh, and then what was your final question, sir?

The consistency of the uh of beat officers, if you will, how how much they're rotating.

Yes, a lot of them have ancillary duties, like you know, SWAT or the bomb squad, some of them have canines, some of them work in specialized units, but as far as like your regular patrol beat folks, that's very consistent.

Typically in a sheriff's office, you start in a custody setting at the jail, you do some time there, and then you come out to patrol through a field training program.

And once you've made it through the field training program, you're pretty much locked into uh to where you're at, right?

That's just culturally in our department.

So a lot of the supervisors that we have from sergeants to lieutenants have all been out at ETS for a decade, you know, at least.

Um we do have a very young department right now, not a lot of seniority on patrol, but they're all consistent and they're out there every day.

And then we do an annual bid for shifts.

So wherever you land, likely you're gonna be working with those same folks day in and day out for at least a year, unless someone gets hurt or transfers, but that's pretty rare.

Hope that answers your question.

Yeah, thank you for the flavor uh behind the statistics.

Yeah.

Councilmember Feeback.

Thanks for your presentation.

I appreciate that.

As a real estate broker, I'm interested in how good Castor Valley is to live in.

And to me, it feels good.

I I've lived here for over 40 years.

I was wondering how we compare to surrounding cities or other cities in the Tri-Valley that you're contracted with, and or in the um like Alamo's not a city.

So how do we compare to the other cities around us as far as crime?

And why is Castor Valley better or worse to live in than the other communities?

I mean, I'm gonna be biased and say that it's because we're the sheriff's office and we do it the right way, but uh I I would have to look at numbers to be able to see that the statistics from Hayward PD, San Leandro, PD, uh, all the surrounding cities to be able to see.

Well, I mean, just in your jurisdiction, well, you're contracted with cities, so you have maybe some information for that.

You're saying compared to like unincorporated San Leandro, Hayward, San Lorenzo, yeah, and then stuff like that.

So you contracted with Dublin and Pleasanton out there too.

So and then Tri-Valley, that kind of area.

Tri Valley substation.

Yeah, you're saying uh in terms of Castro Valley.

I I think it's just uh uh a crime trend thing.

Uh I think people run that 880 corridor a lot of the time.

So Hayward and San Lorenzo get hit pretty hard uh because people just jump right back on 880 and get out of there.

Uh it's a little bit harder to get out of Castro Valley.

You gotta go right by our substation, or you gotta get stuck on the Dublin grade trying to come down, or you have more deputies waiting for you on the bottom of the hill because we put out a bolo for a crime happening.

Uh there's a lot of CHP units that are always right here in this area as well.

So it's it's very populated law enforcement presence, especially in Castro Valley.

I think that's why out of the time that I've worked patrol, Castro Valley is of everything the one where the least amount of crime happens at.

So it's a little bit quieter than everything else.

Okay, and then how about the Tri-Valley?

Is it it's a little more expensive out there, but is it a better place crime-wise to live?

So again, we're unincorporated out there in the Tri-Valley.

I did, I think a total of seven-ish months in those four years in the Tri-Vally.

Um, and it's it's a lot of time for proactive uh traffic enforcement stops.

Um the call for service range is I mean, I maybe saw two or three a week.

Uh there'd usually be some crazy calls up in Synol or some you know backcountry roads.

Uh, but it it again, it's even quieter than Castro Valley is out in the Tri-Valley.

Um I don't know if that's an issue with people just not reporting it.

Uh they kind of handle stuff on their own, but uh it's not even comparable.

I mean, the numbers are so minuscule compared to Castro Valley, San Lorenzo Hayward, San Leandro.

Okay.

That answers the question.

Thank you so much.

Great presentation.

Thank you.

Vice Chair Wolgram.

Thank you, Mr.

Chair.

Um thank the presenters very much.

It's a great report.

Um beyond that, I have no questions or comments.

Thank you.

Okay, thank you.

I have just a couple.

Um you guys the area to concern me when I look at this was the crimes against society, driving under the influence.

We went up seven, but the higher patrol went down um five.

Do you guys communicate between the two on traffic issues that we're like in a particular area of our community?

Say we had um uh polymers canyon, a lot of speeding going on.

You guys are given a lot of tickets.

Is that information shared with the CHP so that when you're not there, they can pick up the days or something like that, or or around a school zone or anything like that.

It would be nice to see, you know, areas to where you guys is cross paths, how we're doing.

So your question you're asking about the because you talked about the driving under the influence portion.

Are you saying if we coordinate with CHP when it comes to coming together, like to fight against it in Castro Valley?

Or yeah, well, I was just wondering, so we looked at um problem areas.

You know, often, you know, if you look at it and you say driving under the influence, well, Sheriff's Department picked up a few more.

The CHP dropped a few, but yet the problem didn't go away.

We stand it on up with the same amount of DUIs are being picked up, roughly.

Uh you know what I mean?

Yeah.

So for us, uh the increase again is going to be on our our deputies being more proactive.

Uh, like a captain said, the more DUI campaigns that we run, a lot of DUIRS during the reset operations.

Um, in terms of us coordinating with CHP, where it's like, hey, we're gonna be at this post, are you guys gonna be at another post?

I'm not sure if we do that.

I don't believe we do, but I know we with CHP.

Then yes, we do.

But I'm not part of the uh motors or traffic unit.

Well, that's great.

Thank you.

I was just wondering, you know, second God, I hope they're working together on this, you know.

And they when you look at the report, driving under the influence, drug equipment violations, and drug anarchotic violations, those are uh three that are related that seem to be up.

Yeah, do you guys put some more emphasis on that particular area of the community or crime so that it turns into a green uh line next year?

All right, going back to the do we collaborate with CHP on hot spots that need attention, yes.

So we have Sergeant uh Rob Gayton, he's our motor sergeant, he's in constant communication with the CHP, not just here, but out in the Tri-Valley.

We do have a lot of motor units that work our Tri-Valley substation, and they're tackling those rural roads, you know, Corral Hollow and Vasco Road and all those areas out there, and we have a few motors out here that do the same thing.

We do joint operations quite consistently.

We have a bunch of uh grant funding that you know, from um NTSB, I think.

I'm not sure, but tons of different grant money for to support operations and and we're obviously always uh in cahoots with the CHP.

And then what was your next question?

Well, I was just wondering uh focus, you know, a greater focus here.

Can I kind of re-um structure your uh what you're looking at when you see driving under the influence drug violations and narcotic violations?

So I can see uh that we have a DA that is actually charging these types of crimes now.

Okay, so that's a big component of this, right?

We we have a whole generation of deputies that started around COVID and in a post-George Floyd world where proactivity was essentially seized, you know, for a little bit of time, and now we're kind of pushed through the other side of that, right?

And now we're kind of pushed through the other side of that, right?

And culturally, we've had to kind of shape our culture internally.

We've become very heavily dependent on technology, right?

Um, and now we're our wheels are turning, and these young deputies want to get out and and arrest people for possession of drugs.

So they're getting after it.

Um, really getting into a culture of proactivity because proactivity is prevention, right?

How are these folks that are addicted to drugs getting money to buy their next hit?

They're breaking into your car, they're breaking into your house, they're stealing stuff from TJ Maxx.

They're doing, you know, so it's a it's a vicious cycle, but um, and you know, the public is getting kind of tired of it, so they call, right?

Some of these are proactive enforcement type issues, and some of it's calls for service, right?

So, hey, I got someone uh using drugs in public, come and deal with it.

We go and we deal with it.

So um, so I think there's there's a like you said, sir, statistics don't tell the whole story.

So it's it's good for my desk.

I I have this this long view uh and some historical context behind what's going on and why things are the way they're they're going right now.

And I think you know things are trending in a very positive direction.

Yep.

I'm glad to hear that um that how important a law following producing DA is to our group.

Um I mean, that is really crucial, yeah, to the success of uh this crime rate going down.

Sure.

Yeah, yeah.

So um thank you for pointing that out.

You guys uh next thing is what a quick question is um are you online for new hires and and uh officers are you short or are you up to date?

We like every other agency in California are short, probably about 20% short.

We've been about 20% short, non-mandatory overtime for about six years now.

Um we're constantly hiring.

Um we haven't had a break in hiring, we're hiring like mad.

We have uh two academies going right now.

The the the freshest academy has over 70 uh future law enforcement in it, not all of them are ACSO, but our our backgrounds in recruiting units have been full bore for a number of years now.

We're trying to hire our way out of this problem, but retention is also a big part of it, right?

Um, so yeah, there's a lot of efforts on uh retention as well.

Well, I'm glad to see that uh it's getting better because I can tell you that um when you arrest somebody today, and then you drive by them tomorrow and they're walking down the street, um, and you're an officer, it's kind of hard to keep your pride up about being a good thing.

And I think that's why we probably had a dip in, you know, in proactive arrest in you know, between 2020 and 2024.

It's like, you know, that's why we want to go through all this work, everything's locked up and the guys out in six hours, you know.

So I feel for them.

Thank you.

Okay, you guys uh a wonderful job, and thank you for coming.

I'm really looking forward to seeing um this presentation of your um your new technology with the cameras and uh and tracking systems.

Uh I I think they put them on every corner.

You know, I love the fact that you have them on your car, and when you pull up and you see a license plate before you pull a person over, you know who they are, and anything about that car, you know, it's information that I think is great for you guys.

Um, so thank you for thanking what you're doing, our community.

Okay.

Um do you have any other thing else?

Okay, I want to go ahead and close this item and move on to the next item.

Next item is uh an update on code enforcement and um, and I believe that's uh uh Holly and Edward putting it on.

Good evening, uh Chair Moore and Mac members.

Uh Ed La Bayo Galameda County Code Enforcement Manager for unincorporated areas.

Uh I'm here tonight to uh give you a report on activities of code enforcement in 2025.

I was here in October last year, uh kind of uh give give you an update then, but I think um we wanted to show a report that rounds off the year and uh also cover a couple months into uh this year already.

Can't believe that uh let me fix this microphone because it keeps tipping over.

There we go.

Uh it's already March.

So I wanted to show first then uh the entire unincorporated area.

Uh we had uh 1,924 reports.

Uh and again, just to um uh give you a quick reminder.

We've primarily enforced the um neighborhood preservation ordinance, zoning ordinance, uh, and also um elements about uh tenant complaints for habitability, and but we also do cover proactive uh enforcement, and we'll cover that uh later in the slides.

Uh and also uh we um uh also concentrate on uh private property.

So out of the 1,924 uh reports, we have 531 in Castro Valley.

And uh this chart you see below is just for the entire um unincorporated area showing uh the amounts of complaints that we get per month.

Uh it's obvious for us, especially for the neighborhood preservation uh complaints that we see a rise during the summertime.

A lot of people uh are concerned about maintenance of properties, overgrown weeds, trash, etc.

Uh, this here is just showing you the types of complaints that we get.

So out of the 531 complaints in Castro Valley, uh 81 are related to uh weeds and uh vegetation.

Um of them are related to vacant lots.

Uh property owners are obviously um you know not local, some of them are even um uh live in in other areas, so they wait for us to give them a notice before they they take care of the uh overgrown vegetation.

Um and some property owners that uh just haven't had the chance to um do maintenance.

So um we we have about eight of one just in Castro Valley.

Uh 73 reports regarding trash uh debris and miscellaneous items.

Um sometimes uh property owners just um don't know the rules and regulations, so it's important for us to send them a notice regarding that first.

Some of them are uh related to tenant move outs where they um uh move out of a unit and uh they may not have a um a truck or something to uh haul off their um uh debris, or they just decide to leave it on the site and put it in front of the apartment building.

Uh we know there's a few of them uh in this area that are multi-unit buildings that um when when tenants move out, they just leave it out there.

Uh we had 51 complaints, which shows other uh the reason why it shows others because they don't fit in any of the categories that are in here.

A lot of times there's a call about nuisance, uh noise, maybe about animals, or things that we would otherwise refer to other departments or agencies.

Um things about uh activities, events, uh maybe sometimes about uh homeless activities or encampments.

So uh things that we would uh normally refer to other agencies may fall under the other category.

We had 40 complaints uh related to tobacco uh retailers or 40 cases that we um uh created and um went out and and inspected.

Uh we had 32 uh tenant complaints, uh which is not a bad number considering the number of units that we have in the Castro Valley area.

We had 21 uh parking limitations, folks that are parking um in areas that are um not allowed otherwise, especially in residential areas.

Um we had 21 inoperable vehicles.

Uh most of that is related to uh property owners that are storing or parking inoperable vehicles uh on the premises.

Uh so we send them notices for that.

Uh 17 are related to fences, walls, and hedges.

A lot of times we get complaints where people are uh either took down a fence or starting to build a fence, and they don't know necessarily all the rules and regulations, especially uh uh zoning related.

They build a fence in the front that's over four feet high, or building fences in the corners.

There's requirements of how far they can build it from the corner and height limitations.

We have about 15 related to tents and canopies.

You can't have it out more than 24 hours in any seven day period, including uh garbage pickup day.

So most of the time we send a courtesy notice just to give them the information.

Uh especially on commercial, uh, mostly on commercial properties where they put signs that are not allowed.

Um those feather banners that you see, they're not allowed uh per the zoning requirements.

They're temporary in nature and and they're not meant to be set up on buckets with uh Home Depot buckets with the uh concrete and uh stick the feather banner in there.

And uh once we see those, we send notices right away because they some people tend to businesses see it and then they copy it, and then pretty soon you'll have more businesses doing it, and it it becomes a big problem.

So our inspectors know once they see that they jump on it right away.

Um we have uh unpermitted uses.

Um these are related to um uh activities that they would do that's not allowed per the zoning.

We had a report about a um a uh residential property that was um teaching karate.

So uh come to find out they were uh watching kids, they were allowed to have like um a daycare use, and the the person that was watching the kids just teach them as an activity.

So um it's not um it's not against the law to do that, but if he's collecting money to teach the kids karate, then that's a different story.

So we had to investigate that.

Uh we have um uh right-of-way obstructions, people set up things on the sidewalk, those kinds of issues.

We only had six of those.

Uh five complaints related to use permits.

Once a use permit is issued, they're they're um supposed to abide by those regulations.

If we get a complaint or or we notice something that they're doing it does not comply with their use conditions, then we notify them for that.

Five is not a lot, but we do get those ones once in a while.

Uh inoperative that also has to do with vehicles, graffiti, and you see down the list, it's even gets less regarding um uh the um items, accessory uses is only three abandoned property.

Uh, we did have one uh property that was uh abandoned, and uh we try to jump on these right away, and and and the sad thing is that we we're only gonna know about it if there's a complaint.

Uh and um we we want to make sure that uh that it's secured.

There's no um evidence that it's being you know uh illegally occupied or uh there's any uh attractive nuisance.

So we we want to make sure we take care of that.

We have one in San Lorenzo where there's already squatters in it, and uh where we took it to uh border zoning adjustments and got an abatement order for that, but that's not in Castro Valley.

Um and the rest goes on with uh building structures, boats, and illegal cannabis cultivations.

We had two in this area, uh recreational vehicles.

Again, a lot of times people don't know that you're not supposed to park um your RV in front of your garage permanently.

Um again, it you know, part of what we do is we educate first, and then if we don't get compliance, then we apply enforcement.

Uh you see we had a one short-term rental, so short-term rentals in unincorporated counties not allowed.

Um we define short-term rentals as less than 30 days.

So unfortunately, the county does not have a law yet to either ban it or regulate it, but we are using the permissive um section in the zoning ordinance, which doesn't mean because it's not listed, uh, it's not allowed, but zoning is not gonna put everything that's allowed or not allowed in the ordinance.

Certain things may be allowed with a conditional use permit, but in terms of the short-term rentals, it's not allowed if it's uh being used for less than 30 days.

And we have collection box, collection boxes too, are not allowed in uh Alameda County.

A lot of times they they place this collection boxes in uh commercial property without even the the permission of the uh commercial property owner, but we tell the commercial property owner it's still their responsibility to get it out of there, and um so we deal with that.

We had a lot more in the past years, but now we're seeing less and less of it because we we tried to actually go to the person that was supplying it, and they're hard to reach.

They kind of have a number on the box, but you call it, they never call you back, and it's kind of like a cat and mouse game.

Uh so out of those uh types of cases, this these are numbers about what happened to them basically.

Uh 21 were closed in compliance.

Again, we after we educate, uh, hopefully they get the message, they know what they need to do.

We relate to them what they need to do to abate the problem, and we hopefully get voluntary compliance.

Uh 168 closed, no violations.

A lot of times they report something and uh we can't cover it in our ordinance, so uh we can't find we can't uh consider it a violation, so we close the case.

We have uh pardon me.

Oh, or they've already uh fixed it.

When we get there, it's gone.

We'll they already fixed the problem.

Thank you, John.

And um 59 uh close referred, maybe a result of those others that uh ended up being referrals to other departments or agencies.

When we get complaints, uh obviously they don't know uh what agency covers what, uh, and then um we let them know uh if we get a ref uh an issue that we either have to refer or sometimes it's dealt with by us and another agency, but we'll still make a referral in that situation.

Uh 22 were uh just uh closed uh for one reason or another.

Uh either um some of it could be um closed even before we get to the uh the case, but there's a lot of issues where we do close yeah, or it's a duplicate case and that nature.

Uh 14 were um we're unable to verify, somebody makes a complaint.

Um and a lot of times when we get complaints anonymously, we don't get a contact.

Uh we go out in the field, we can't verify what what complaint uh is being lodged uh against the properties, and so we we close it as uh unable to verify.

11 were uh for admin action.

There's a lot uh some reasons for that could be uh there's a um uh cases that uh that was already in the system, or um cases that are um been been open for a while, and it doesn't uh the violation does not even um make sense to follow it up.

For example, they get a weeds case July of last year, and then it's still open this year, we just closes it administratively because uh nine times out of ten, uh, another complaint's gonna come in or um the issue will come up again.

Uh and it's it could be that the uh inspector just um didn't follow up the case.

There's reasons why it kind of fell on the cracks, and so we close some not very many, but uh they ended up being close administratively and initial notices sent uh fines fees again.

If we don't get compliance, we do send fines, fines and fees to the property owner, and um if they don't pay, if they're sent a uh an invoice, they don't pay it within 30 days.

We ask the board to put a lien on the property that gets attached to the property taxes, and uh I'm sure you know the process uh that we go through for that one.

Um eight of them are closed, not non-actionable.

Did you want to say something?

Okay, uh four are withdrawn, somebody makes a complaint, says uh forget it, uh, I'll take care of it myself, that kind of thing.

Uh four are still in process.

Um, and four are still under a verified violation status, two appointments and and received and all that stuff.

So we do have a system in place where um this cases go through a status, and uh we've kind of improved our um our access to the public, and I'll talk to about about that um later on in the slides.

Um then these uh next slide, please.

I I wanted to include this since it's already two months into 2026.

So so far uh this year we had uh 221 in unincorporated county and 40 in Castro Valley, and same chart you see with the uh number of cases per month, and uh no overgrown vegetation yet because uh, like I said, you know, usually the when the rain starts uh stops falling and then the weeds starts growing, probably in the next month or two.

We're gonna start seeing those.

We uh trash and debris, we had four accessory uh uses, two signs, two tenant complaints.

Uh we have uh two tents and canopies, and um the other one is uh yard regulations and one home occupation, one inoperable vehicle, and now one weed and vegetation down there in the bottom, and then uh status of those is 10 already closed uh because there's no violation.

Uh 18 or closed uh uh as referred, I mean eight, I'm sorry.

Uh five is still in the new case status.

Uh John here, by the way, is the uh code enforcement officer for Castro Valley area.

He's the primary.

So he's the one that uh takes care of the these cases.

Uh four closing compliance, uh, four are still in the initial notice stage.

Uh, two are still in the complaint receive stage, two were monitoring.

Some cases we um um get a compliance agreement, or we asked them to get a permit, so we monitor those cases until something happens.

10 days, like a 10-day notice that we send mostly for uh neighborhood preservation cases.

One we already closed, one for uh per admin action, like I mentioned earlier.

One is still in process.

That means uh we already sent the notice, but it's the case is still in process, and uh one is uh verified violation.

Uh this one here is the the BCA hearings in 2025.

We had 21 abatement hearings and and three appeals.

Uh two uh out of those three appeals, two were denied.

We upheld the TRL one-year suspension, and one was denied and upheld the no cargo container in the residential district.

Uh that's that's uh on garrison.

Um then uh we obtain one warrant for uh the abatement.

So usually this happens when the property owner does not give us access to do the cleanup because they failed to do the cleanup themselves, so we get a warrant.

We put that um work out to bid, and we award it to the lowest reasonable contractor.

We arrange the cleanup, we're there from the beginning in the middle, and when they finish to make sure everything's done correctly, and we bill everything to the property owner.

So the warrant, our time that we spent there, the cost of the cleanup gets billed to the owner, and if they don't pay it, it becomes a lien on their property.

Uh, and there's also a decisions appealed to the board of supervisors.

There was three of them, one of them related to the TRL license of one year suspension.

Uh, and one of them also is related to another TRL's one-year suspension.

That got um rescheduled.

It says it was scheduled October 9, but that's actually getting heard again uh next month because the owner was in another country and couldn't come back uh on time.

And the other one was to remove the cargo container, but that's kind of stuck in litigation right now.

So once that clears up, then we can we can continue our enforcement on that.

And then Castro Valley cases uh from those abatements.

Uh seven cases from those abatements, seven were uh cleaned by the owner.

Uh one was cleaned by the uh the county.

Uh one case was abated because they uh obtained permits, one was abated and uh paid fines and fees, and one appealed to the board of supervisors.

One was abated and uh paid fines and fees, and one appealed to the board of supervisors.

Uh tobacco retail.

So this is the proactive programs that we do.

Uh we are in charge of issuing licenses and also doing the monitoring and compliance inspections.

Uh we get support from the sheriff's office uh on some of them.

Uh appreciate that a lot.

We issued 70 licenses for 2025, and we performed uh up to two inspections monitoring compliance.

And uh last year we did 96 of those inspections, and we're there uh you know, a couple hours or more, depending on how much stuff we find, because we check their products, their setup, uh inventory and and uh all the stuff that's related to the ordinance.

Uh we issued uh eight citations to retailers, and um we suspend suspended actually eight licenses and um and the sheriffs also continue to perform their decoy operations of not only for um selling to miners uh tobacco, but they also try to do operations to see if they see anyone selling uh flavored tobacco.

Once they get that information, they forward it to us so we can follow it up administratively with fines and fees, and um it's been very successful so far.

Uh I think that for 2026, we uh we have went down to 65 uh retailers.

Uh I didn't have it here because we haven't finished it completely yet, but it's dropped down uh five.

So we have a density requirement limit, uh population density requirement.

Uh we're our cap is six sixty one.

So when it hits below 61, then there's gonna be an available license that somebody can apply for.

Uh the reason why it's higher than 61, because any folks that were grandfathered in when the ordinance came into effect.

Uh we started the ordinance with 85 and we're down to 65.

So the ordinance is doing what it's intended to do is to limit the number of tobacco retailers in the county for the sake of public health.

Um cannabis inspections.

We only have three retailers now in the unincorporated area, two in Hayward, the um we are hemp and uh Garden of Eden, and we have one out in Livermore area, and we're in charge of uh planning departments in charge of issuing the permit.

Uh code enforcement is in charge of uh doing the monitoring and compliance inspections, and we do two per year also with that one with the support of the sheriff's office.

Uh they come with us when we do inspections, and again, we're there uh two, three hours at a time because we check everything.

Um but uh in terms of illegal grow operations in 2025.

We had four.

Two are in Castro Valley.

Uh they were fined and were monitoring their permit right now.

They're they probably closed that out.

I don't know if John knows that information.

Uh we had two in in San Lorenzo.

Once uh they were both fined, and one in compliance and and and one were monitoring their permit.

Uh rental inspections.

We we did that rental pilot program in 2024, where we had uh 142 cases.

Uh that ended, but we're still continuing proactive system.

So again, um, most of what we do is complaint-based.

And in 2025, we had 125 cases, and there's 32 in Castro Valley.

Uh words getting out that we are now addressing tenant complaints.

So uh we expect that number to grow even more.

And and it's important work that we do to help tenants uh when they have complaints about their habitability.

Uh the the board asks us to explore a proactive rental pilot program for Cheryl National and Hair Acres, and that right now is in the works trying to get the funding through a measured measure W funds.

And so maybe a couple more months, we'll have an update on that, see how that's going.

And other proactive uh things that we do, we support the sheriff's office when they do the uh alcohol establishment establishment inspections.

Holly Felix, my supervisor here is the one that's going out with them on that.

Uh, we're there just to take a look at the site, make sure there's no zoning violation or blight condition.

Uh, since they're going out anyway, we might as well be out there with them to see if uh we see any violations.

And I'm happy to report there hasn't been that many.

Uh so smoke-free multi housing.

Uh that's when uh their multi-housing units that uh people are smoking and affecting their uh neighboring units.

So uh Department of Uh Public Health initiates that action, they will interact with the tenant up to three times, and if that fails, they refer to us to initiate fines and fees.

Um we haven't had that many, maybe less than uh half a dozen that we did in 2025.

Uh sole importing cases.

Uh we had 11 total last year, and there were two in Castro Valley.

Uh independent living facilities.

Again, Holly is the one that's um doing those right now.

And we uh big success on that one.

We uh had uh 15 cases in 2025, and I think that's uh number kind of went down now, it's down to four.

So thank you, Holly, for doing that.

And uh we do partner with the uh uh sheriff's office and public health department, and uh and we also umali attends a uh uh group living facilities uh meeting that's um uh you know scheduled by the uh Nate Miley's office.

And we did we did this improve public access.

I think this is the reason why we our numbers are up a little bit.

Uh we're trying to make it as easy as possible to get to us.

Uh aside from a general code enforcement line, we created the uh general code enforcement email.

And uh we also have a web page that also can take complaints.

And um the cases are available in our public portal.

If you folks can see if they file a complaint, they get the complaint number, they can look and see the status of the case and what the complaint was about and who the inspector is, they can call them to get more detailed information.

And uh that concludes my presentation, and I'll take any questions you have.

I know that we'll be talking about sidewalk bending after this.

I'll go ahead and open up the public comment and uh three minutes, and we'll go between the room and online.

Caller, you're on the line.

You have three minutes, Rory.

Yeah, thank you.

Um I have a question.

The compliance office uh might be able to help with regarding the uh these signs realtors put out.

I think it's because they have a uh open house, and they can see you see them a lot on street con and on the weekend, and you know, they very often block the sidewalk, uh, and even the crosswalk, because I guess they want to put them in kind of a prominent position, which is on the corner, and it's very often the uh kind of sloping part of the sidewalk that goes into the you know, when you step off the sidewalk across the road.

Um so I wondered just since you're here, if you're able to comment on if those are allowed, not allowed, are there any rules around how long they can be there, how many can be there, um, you know, anything like that.

If you I don't know, I'd just be interested to find out.

And you know, are you responsible for enforcement of those?

Um anyway, if you can make any any background or a kind of comments on what's allowed, what's not allowed.

Uh that would be appreciated.

Thank you.

Did you want me to answer that now?

Or caller, you're on the line.

You have three minutes, Kelly.

Thank you.

The um code enforcement has a very uh kind of a uh perverse inverted um attitude towards uh obstructing obstruction of obstructing the right-of-way.

Um give you an example from five canyons.

That's actually part of Castor Valley.

Um, and there's a place like called the old Fairview Avenue, and it was a driveway, a short driveway, like a quarter mile, and it kind of connected um along a uh uh uh a uh public road at that time uh from the parkway to the um east, the Bay Area Ridge Trail.

So people, hikers and bicyclists would go back and forth, and then uh, well, the obstruction was when the uh uh proper somebody put up the sign saying no trespassing, private property, and uh that held up for a number of years, like five or ten years with code enforcement sitting back and saying, Well, you know, it's an obstruction of people, but it's uh and that they did nothing.

So it ended up going to court, and uh the there was a one million dollar settlement where they had to pay the uh the park district uh to help them build a trail.

But you know, the kind of the the code enforcement doesn't do anything.

And uh, unless you have a lot of lawyers at your uh uh at your park district or somewhere, um nobody's gonna do anything because obstructing the right of way for people to to hike to the barrier ridge trail or walk or bike or whatever is um uh it's not a priority for this uh code enforcement.

And then on the other hand, and this happened right here in in Fremont.

Uh the Board of Supervisors voted to give away a public road.

Uh it was used as a hiking and biking trail, and uh they gave it away, okay, uh, because they thought they had jurisdiction.

And then they went ahead and gave away the city jurisdiction too of the road.

It was the road was split down the middle.

So they actually blocked the right-of-way for the city hikers and bikers.

And uh the city code enforcement went out there and issued a notice of violation.

So that's that's a kind of uh, you know, it's a classic case of the Alameda County blocking a hiking and biking trail uh illegally, and the city code enforcement going to defend the hikers and bikers and uh uh note uh issuing the notice of violation.

This county is uh working on the wrong side.

It's like uh you're working for the dark side, and you don't know what you're you're you got your jobs backwards.

Thank you.

I have no other speakers for this item.

We have no other callers online.

Do we have anybody in the room that would like to speak on this item?

Okay, I'm gonna go ahead and close public portion and go to the council for a comment.

Um this is an informational item.

And uh we will go ahead and start with uh councilmember Davini.

Uh thank you, Chair, and uh thank you, Ed.

Um we you were at the meeting at the beginning, we had a caller that called in uh about a Beacon Hill property.

Uh it sounds like some of her complaints would be addressed through the sheriff's office noise uh uh parties and things like that.

Uh is there also a code enforcement issue there if somebody is in fact using an Airbnb for event type of activities.

Um I don't have access to the database, and I'm not the uh I know nothing about this.

Yeah, I know nothing about this other than what I heard on the on the call in right now, but it sounds like it's almost become a venue to host big parties as opposed to just traveling, you know, uh vacationers.

Yeah, John Cransky Alameda County Code Enforcement, so I take care of the Castro Valley area.

Uh I believe I actually do have a case on Beacon Hill for Airbnb.

So that's uh I've got a couple that are running right now in Castro Valley.

Uh one's in the fines and fees phase, pretty hefty fines and fees.

Um, and if we can prove it, then yes, we can go ahead and enforce something like that through the zoning ordinances.

Uh, but it's one of those things where we have to be able to see it on Airbnb, and sometimes and sometimes the the listing goes away.

And then once it goes away, there's nothing more to enforce.

So it's kind of a cat and mouse, and it's uh it's hard for us to be able to say, you know, definitively that that you know that it exists.

Um because if we go online, and like I said, we can't see the the ad.

Um unfortunately I can't rely on somebody saying, hey, I just know that it's an Airbnb.

Uh I have to see an ad in order to be able to have an enforceable case, you know.

So that's that's kind of where we're at with the Airbnb's and cash value.

But like I said, I do believe we have one on Beacon Hill.

So okay, uh, hopefully the uh caller uh is still attending the meeting and heard that.

And if uh if a code uh if a case number was opened up, then uh any complainter could actually follow the progress on that on that uh code enforcement action.

Yeah, correct.

Okay, thanks.

Uh and this is this is just purely a hypothetical.

If if I have a neighbor who who is a uh CPA and he's getting too many uh people coming in and I'm irritated, and I don't mind the rest of the neighborhood, but I don't like uh his his people come in and parking in front of my house, or maybe I just don't like the guy.

Can I post a sign on my on my fence that's right on the sidewalk edge and say anybody visiting Tim, don't park in front of my house.

Is that a legal sign or am I instructing uh traffic at that point?

Uh are you referring to a neighbor that has a home occupation?

Uh it doesn't matter.

I just I just don't want them if if they're going to that guy's house, I don't want to park it in front of me.

Perhaps they do have a home occupation.

Perhaps that home occupation is completely legal.

That's not the nature of my question.

The question is, can I put parking signs on private property telling people not to park here for this particular use?

I've had cases like this in the past, and so long as you're not advertising a business, you can post a warning sign on your own property.

So that would be considered a warning sign, and there's nothing that code enforcement really could do about that.

Um we suggest don't put other kinds of bad signs on the property, because then you know that that might not look good.

But um, yeah, you can post a warning sign on your property so long as it conforms to, I believe there's a size limitation uh to any type of signage.

Uh, but I'd have to look that up, but don't have it off the top of my head.

Okay.

Uh Holly, I think you said that you uh uh enforced the uh independent living facilities.

Uh I would like to say something about the size.

Yes, please.

Uh we would want to look at it because if it's light, we would address it.

Uh we would want to look at it.

So if you have something you would like us to look at, please give us the address at a later date.

Okay.

Uh we'll do.

Uh it you know, I see independent living facilities is a separate category here.

That that's not assisted living facilities.

No, sir.

Correct.

That's not a senior citizen.

Uh so is that sometimes uh uh uh halfway houses type of type of uh applications?

No, what is independent living?

Okay, so if I'm renting out beds and rooms, that's that's considered that's considered an independent living facility.

Yes, sir.

They're not providing any um they're probably adding room and board, not providing any services.

Okay, thank you.

That's all the questions that I have.

Thanks for your presentation.

Very well, very good.

Thank you.

I was wondering, illegal cannabis, is it up or down over the years?

Uh with with those reports, um we have less than what we've had in the previous years.

That doesn't mean they're not there.

We the way we get involved most of the time or 100% of the time, the sheriffs will alert us, Ed, we got an operation going on, is going to be next Tuesday.

We'll give you the address in the morning.

Uh we never go out on our own if there's a complaint about cannabis grow because there's the danger factor.

If we get it a complaint on our end, we let the sheriffs know and then they start their investigation.

If they need us, they'll call us.

But it's been uh lower than previous years for sure.

Okay, thank you.

Yeah, I've sold some of those homes and they got caught, I guess, or it was a renter or whatever, and then they get have to get a permit, the house is all torn up.

I mean, it's a mess.

And then the recreational vehicles, how how long can they sit out in the driveway legally?

So it depends on it depends on the uh the zoning designation of the of the property.

So if you're considered what's called a RV combined district, you can have like an RV or a boat or jet skis, you know, located on the property, but there's still rules and regulations regarding the location of the RV.

Um, so we typically will go out there, we'll do an inspection and we'll verify okay, is this all located in the in the correct portion of the property?

Um, you know, like for example, you can't have an RV that's over, I believe 13 feet tall.

Uh so we would go out there and we'd say, okay, this is an RV that you know meets the criteria, or if it doesn't, we could say you need to store it at a proper storage facility.

Uh at normal, you know, residential properties, no, you cannot store an RV like in the front of the property.

So like I said, it's a case-by-case type of thing that we go and check out every single time.

So that way we can make sure that everything's located where it should be.

Thank you.

Yeah, I I think over by one of the the new firehouse on Lake Shabot, that little neighborhood behind the firehouse has an RV zoning, I think.

Yeah, we we if we get any kind of a call, we always look up the the zoning for it first and foremost so that way we know what we're going to, and then we can make a call, you know, right there, pretty much.

Okay, thank you.

And then um, let's see, last question garage conversion.

So you go out, someone's had a garage, you know.

I understand someone's doing a garage conversion.

This just completed one, that that's really not good.

However, if someone, you know, has had one for many years, maybe bought it, it was done 10, 20, 30, 40 years ago.

How do you treat one of those?

So it's case by case.

You know, if we go out there and it's it's we see typically a finished garage, um, you know, we might refer it to the building department if we can tell that it's kind of brand new construction.

Um, but if it's older construction, if it's older construction, then we kind of have to go on a case-by-case basis.

I would definitely, you know, refer to Holly or Ed on one of these ones and show them the pictures and see, okay, is it a matter of they just threw up some drywall?

Or you know, that's you know, kind of what we're looking at.

I've sold a lot of homes in Castro Valley with areas that are not permitted.

It sounds like it's similar to that.

Um I know when an appraiser goes out, most of the time they will look kind of like what you were just saying.

If it looks hokey, the ceilings low, or the electrical outlets aren't done right, or the light switches are weird, you know, they'll call it you know, not living space, or they'll give it a very low value.

But if it everything looks even though it's not permitted like it would have been permitted, then they give it full value.

Um I guess do you treat other areas of homes that are not permitted?

Do you ever get into that?

Like a downstairs family room or something like that.

Yeah, a lot of times we don't go into the houses, uh, you know, because obviously we're there for the zoning aspects of it.

Um, and then we're trash and debris, and there's there's not a lot of reasons for us to go inside of a house unless it's an illegal grow or some or like a rental tenant, uh you know, renter tenant complaint.

So, but if we do see something that you know, we go, hey, this might want to be looked at, we'll take some pictures, we'll send it over to the building department, and then they can decide whether you know what how they want to proceed with the case.

Kind of a similar question.

I I sold a house in San Leandro with City of and they did some remodeling recently without a permit, and then we had it on the market, open house people came through and we were honest, no permits, you know, and one of the neighbors turned them in, which then it got red tagged, and then they had to go through the process.

And however, if that were done 20 years ago, how would you look at it if it were in Castro Valley?

How would you look at that?

If a neighbor calls and said, Hey, there's a kitchen, it was completely remodeled 20 years ago, no permit.

Like I said, that's yeah, Hallie can answer that one.

She used to work for the building department.

So the complaint will be investigated based on the use.

So if the garage was converted to an ADU, the uh investigation will be referred to building department because the ADU would be allowed per the zoning code.

So it's no longer a zoning violation.

If the garage was converted to a not not an ADU, uh bedroom or any other use, it would be a zoning violation as they have to have uh required parking.

Have to have what?

They have to have the required parking if it's a single family dwelling.

Okay, okay.

Very different if it's an ADU.

Okay, ADU law.

And just uh to go further on that ADU, would that be they they made it an ADU like yesterday, or they made an ADU like two years ago?

It doesn't matter.

It does matter.

There's uh do you know this January January 2020?

Um, they have some rules that they can legalize.

So they'll be working with the building department to legalize that unit.

It would have to be built before 2020.

Okay, great.

Thank you.

Very helpful.

Thank you.

Welcome.

Council Member Thomas.

My question is uh short-term rental.

Is that allowed in Cash Valley?

Uh no, I mean, in the unincorporated area, uh anything less than 30 days is not allowed.

And it's okay.

So it's Airbnb.

Is that possible in Cash Valley?

It if Airbnb can be advertised for over 30 days if they want to, but anything less than 30 days is not allowed.

So short-term rentals is not.

So if somebody's having uh you know a bridal shower, they they take it for three or four days on the weekend.

Is that is that allowed?

If it's advertised and paid for for short-term use, then it's not allowed.

It's not allowed.

Okay.

So that's why the caller called in from Beacon Hill Drive.

It was they're using it for short-term use.

Right.

But then uh if there are complaints about noise and traffic and all that stuff, they can contact the sheriffs too, too.

Yeah, I think they've been contacting the sheriffs, but they didn't know about court enforcement.

So you have an open case on Beacon Hill, right?

Yeah.

Okay.

And then John mentioned earlier, if we're having a hard time validating that it's an Airbnb because we have to rely on advertising, not just word of mouth, then we'll still send the information like a uh courtesy notice explaining why this is not allowed in the county.

Hopefully, they get the message.

Some of them do, some don't so uh the best person to contact you, John, is that if the caller is listening, is it the best person to contact?

Is you uh regarding the Beacon Hill case?

Yeah, yeah, they can call me at any time.

Just call the front desk.

Um, you know, because I know there's an open sheriff's case, so you know, so yeah, the anybody can call me at any time, and if if it's not the specific property, we can always open up another case if I can locate it on Airbnb.

All right, and uh next question is um regarding ATF.

You know, do you guys work with the ATF when they're do the rates on um like liquid stores and stuff or no?

No, no, no, we we don't typically get involved.

The backup question if somebody's uh a liquid store is caught selling uh cigarettes to minors.

Do you stop them right there or do you give them warnings?

That's the sheriff's the chair's office.

You guys don't deal with that.

No, we have had enforcement in 2025 with CDTFA.

Uh we did did two operations with them in 2025, and we hope to do more with them this year in conjunction with the sheriff's office.

Okay, got it.

Thank you.

That's it.

Councilmember Davis.

Thank you.

No questions.

Okay, yeah, I have uh just a couple, and this came up from let's go to Bill.

Uh Vice Chair.

Thank you, Mr.

Chair.

Um, thanks to our code enforcement team for the presentation.

Um it sure would help, I think if slides were numbered.

Um I've mentioned that before a few times to other presenters, but it would help.

Um the fifth slide, which shows cases in 2026, January, February, shows 40 cases in Castro Valley.

The next slide shows same time period case types, but the number of cases only totals 21.

Can you help me understand the difference?

Uh so I run this through our um system, and when you highlight a section, it shows you the number uh of what's uh associated with that category.

Uh it could be an error in my part in in pulling that information, but uh status case types, yeah.

I might have to know which one to talk about I think it'll yep.

Sorry about that.

Um so if you go back and you look at the uh the other slides where it shows the subtypes of the cases, what I think happened is we didn't actually go over all the subtypes that were opened within the January-February time, and so the numbers didn't add up.

So I think we just forgot a couple of the subtypes, but you know, the 40 cases is as accurate.

I think just we're missing a few of the subtypes um to gather up to up to the 40.

So sorry about that.

It's about half, actually, 19 out of 40.

Um maybe you could send an updated yeah, we'll do that.

Thank you.

Um, and then I know you uh I know you all are presenting next on um sidewalk vending, but if someone calls with a complaint on a sidewalk vendor, where does that show in your in your cases or are they not tracked by code enforcement?

So we actually have uh uh sidewalk vending subtype now.

So we've we're we're still evolving at this uh at this stage with the sidewalk vending, and we're we're having to basically make um kind of a whole new uh subcategory plus a whole workflow.

So since this got enacted, and I'll go over more of this later.

Uh, but we're trying to we're trying to build the wheel essentially with this whole program.

So um yeah, integrating it into our main star program and making it to where it's it's easy for us to access all this information, it'll probably be on the next report.

Okay, so there were cases reported in January, February, but they didn't make their way through the system into this report.

Is that what I'm hearing?

Yeah, no, yeah, we don't have those on here.

So I I know that um within when I go over the sidewalk vending portion of it, you'll you'll see that there's a lot of cases that needed to be generated.

Well, we probably could um could be uh represented on this report that aren't being represented.

All right.

Thank you.

That's all for me, Mr.

Chair.

Thank you.

I just have a few questions.

Um I don't understand that on these reports there's no um recording of the complaints on sidewalk vending nowhere, and it's been going on for over a year.

Well yeah, so so typically when we record cases, it's associated with a with a private property, a parcel.

Uh and because it's sidewalk vendors, we can't associate a parcel because if somebody does a research, we can't tag that parcel with that problem.

So that's probably the reason why you didn't make it in this report right here.

I understand, but what I'm saying is we have no record of how many calls you received on sidewalk vending.

Uh we do, we it's in the next report.

We're okay.

Is it not in any compliance reports?

None.

That included in this one, yes.

Nothing.

Well, so before we uh we had the subcategory of sidewalk vending, which we just were implementing.

So remember in the report that Ed said things like other.

So our sidewalk vending would have been represented under the other, and then we just pull a report that's you know uh basically we go over all the cases and see how many sidewalk vending you know, cases we got.

So as I said, we're we're basically we're building the wheel right now to be able to accommodate sidewalk vending and how we're enforcing it now into our system.

Yeah, right.

I understand it's a new day, but we're looking back at comparing 2025 and 20 to 2024, and I know that's been an issue ongoing, and I know that's been a hot topic of our community, and I would have just hoped to have seen something that would have said we received 25 or we received zero calls on sidewalk vending.

And one of the reasons why is when I look at these, it helps me ask you what to prioritize that would help our community when we have a problem that we see that it's um huge.

And um, so anyway, if I'm looking forward to seeing that on reports going forward, I guess.

Um, the next thing is is um on one of the slides you talked about the cannabis inspections.

I see it says uh total illegal grow operations in 2025 for three residential zone, and then it says Castro Valley two find, then it says monitoring permit.

So we have a cannabis grow operation in Castro Valley with a permit.

No, we're we're talking about we when we cite them, we um discovered that they altered the electrical system, the plumbing, maybe the plumbing um the mechanical system.

Do we ask them to get a building permit to correct those?

They usually remove everything, so that's the permit we're referring to.

So it says monitoring permit.

Yeah, so you're not monitoring a permit, it was issued for a cannabis grow operation.

Correct.

We're monitoring the building permit that they got to correct everything.

Okay, it's just kind of confusing when you're talking about cannabis and now we're talking about building.

I'll add the word building next time.

Yeah, because I used to say I hadn't seen the CUP for it yet.

Not allowed in residential.

Okay, thank you all, Matt.

Um in the past, we've talked often about um weekend coverage.

Has that been resolved?

And do we have a on-duty code enforcement person on the weekends since a lot of these uh A or B and B issues and uh things like that happen on the weekend?

Is that been resolved?

Uh we don't have uh uh like I mentioned before, we have staff available if we know something uh some were needed on a weekend if there's a flyer or something that there's a event going to go happen and we we have advanced notice, then we can mobilize on the weekend.

But having somebody available on the weekends as a regular thing, that hasn't been decided.

Yeah, well, and we're available on on nights too.

So yeah, it's just been an ex retailer of my life.

I know my business was very busy on the weekends, and um it just seems like uh we need to at least some at some point in time it needs to be addressed.

We need to have uh uh access to code enforcement on a weekend when something's going on.

Uh not everybody advertises their bad behavior.

Yeah, well, typically when we get involved and we get information after the fact that we we still enforce zoning laws with you know notifying letters.

We're not necessarily there to enforce like nuisance, everybody kick everybody out.

That's mostly if there's a nuisance issue with activities, then the sheriff's office uh responds to that.

Okay.

Uh thank you.

I hope that some point in time we can get to some weekend coverage.

Um maybe that's something we need to work with the board of supervisors on.

Um, the next thing is this uh are you at liberty to discuss um I I get a few phone calls about an operation that you and I've talked about in the past on Crow Canyon Road where somebody has built uh an illegal bridge, as I'm presuming, and um I get so several calls about what's the status of this.

I looked online and it said closed.

Uh I don't think that's accurate.

So I I'm in charge of that case.

Uh the closed one was a separate case that got opened.

So a lot of times we get five, six calls about cases uh about certain properties, and it'll be on the same location.

So, in order to be able to stop five cases from clogging up the system, we'll close all the other four.

So that way there's only one main case open.

So, like I said, if if if if tomorrow somebody called in a complaint and a case was opened about the same thing, I would close that case per admin action.

So that way I'm pursuing only one case at a time.

Um so case doesn't necessarily mean the item that you're uh in violation of.

Could you rephrase the qu uh the question?

Well, I understand that this has several violations.

Yeah, and yeah, and what I'm trying to figure out is to what to tell the community when they call me and they hey, what's going on over here?

Yeah, so I I can give you a brief update on the case.

I would appreciate it.

Uh so that specific property, I was able to obtain a warrant in order to be able to access the property, an inspection warrant.

Thank you.

And um, upon doing the inspection with the sheriff's office, the building department.

Um, I believe we had water board there.

We had building we had a lot of different agencies there.

Building and grading, building and grading.

So we brought a team there, and we were able to verify a number of different violations that were occurring on the property.

Um, my specific department of code enforcement, we're citing the property for numerous different violations.

Um, I can provide a you know, uh a list of those.

I don't have them off the top of my head, all of them.

Uh, but right now we're at the phase where we're going to proceed with a hearing.

Um, and then that's obviously gonna just take the standard operating procedure until we either get an abatement warrant or um they can appeal.

There's a number of things that that can happen, but I believe yeah, they did appeal.

Um, so the hearing, I believe, is gonna be set for April 25th, I believe, because the uh the owner requested uh uh a postponement for a moment because he's gonna be out of town uh out of the state.

When you say hearing, is that a board of supervisors or BCA or is that a court hearing?

We're at the WBZA portion, so that's a busy BZA hearing.

Yes.

Okay.

Thank you.

I'd be very hopeful in letting people know what's going on.

Uh do we have any other questions?

Committee.

Um I have uh no more questions or statements, and um look forward to seeing um an update.

Um maybe you know, about three months we could do one.

Thank you.

So John's gonna be uh presenting the uh update on cyber venting and and uh environmental health is here.

Um also next items on the agenda will be sidewalk vending, and I believe you're part of that also, right?

Ed environmental health also perfect.

You wanna do the first portion?

Okay, hello John Kransky, I'll let me take on a code enforcement again.

Um, so our sidewalk vending ordinance, uh, as you can see, uh, you can go to uh the next slide.

The second reading was conducted uh at the BOS on September 11th of 2025.

It came into the uh the effective date was October 11th, 2025.

Minor amendments and fees.

First reading was October 9th of 2025.

Hearing to adopt regulations by the planning director, December 4th, 2025.

That's ongoing right now, permitting and enforcement, it's ongoing right now.

So that's just kind of like a timeline of where we're at and what we're doing.

So as of the time this report was generated, the enforcement on private property, we were doing enforcement on 11 different locations.

Now, this is uh basically like food trucks that are going on to people's um uh parking lots and setting up shop there and canopies and tents and stuff like that.

That's unfortunately an unpermitted use of the property.

So they have to be in the designated area that they're allowed to be, like on the side of the road um where they they typically can set up.

Uh four were in Cashier Valley, six were in Ashland, one in Cherryland.

All luckily all 11 locations were closed in compliance, meaning that we got in touch with the uh the owner of the land or the business and said, hey, you know, you're not allowed to be doing this on your property because it's not a permitted use.

Uh enforcement on the sidewalks with uh Alameda County Department of Environmental Health and the ACSO.

We've had 13 uh well, as of this report, 13 locations, 11 in Cash Valley, two in San Lorenzo.

Um proactive uh patrol two events on the weekends.

Yeah.

Yeah, oh, this is all 2025.

Um so this is basically 2025.

Now unpermitted vending in 2026.

Uh enforcement on private property.

We've only had to do one location, and that was Ashland East 14th, and they were closed in compliance.

Um enforcement on sidewalk, uh, the sidewalks with uh Alameda County Department of Environmental Health and the Alameda County Sheriff's Office.

We've had 22 vendors, six in Castro Valley, 14 in San Lorenzo, and two in Ashland.

And so as of this uh generating this report, the Cash Rally, the basically is the safe way, the taco vendor, uh two warnings and first violations, two site uh two citations, four impounds.

And by impounds, I mean we basically went to the scene we with environmental health and we have uh assisted them in confiscating all of their food and basically anything that we could associate with the vending of any unpermitted food.

Uh and then also we sent uh we sent two vehicle warning letters, which means that we contacted the vehicle owner and we we basically let them know that this vehicle is being used for unpermitted food vending, and they are going to be starting to get um fines and fees shortly.

Yeah.

San Lorenzo, six warnings, uh warning first violations, and then nine citations, eight impounds of food, three vehicle warning letters.

Ashland, two warning first violations, and one confiscation.

So uh I'd like to add that uh in this time uh that this was done.

Overall, now we're up to 41 different warnings and citations that we've written since January 1st.

Uh so that's that's that's a lot of the via warnings and the citations that we've written.

We've gone ahead and notified uh nine different vehicles and identified them and you know, gotten the owner's information, registration information, and sent them all um all warnings and citations so far too.

There's a couple, there's a lot of different inspections.

Uh I think it's around 12 where we there was nobody there.

Uh and that shows that we're actually making an impact in a lot of different areas within the can within the unincorporated county.

And since February 1st, um we've done 13 days of inspections, and that is six hours each day.

Uh so we're going out in the mornings and we're going out at night.

And uh, so I think we've been making a really large impact on the unpermitted vending.

If you take a look at Paseo Grande, you go out there during the day, there's it's a ghost town.

There's barely anybody there anymore.

Uh on the weekends, unfortunately, that's not the case.

Uh, we still have to figure out you know what we're gonna do about that.

Uh but overall, we're we're making a good impact in a lot of different areas.

And we do realize that for applied food.

Yeah, we do realize that they that that we have because it's it's cat and mouse.

You know, we we we are gonna have to play the game and see who who just loses patients first.

Uh, but the positive side that we've seen is not only has the amount of unpermitted food vendors uh decreased, but we are seeing people come in and apply for for the permits, which is great.

We want them to succeed.

We want them to, if you want a business, we're not here to just shut you down.

We're here to help you succeed, but it's got to be done in the way that is safe for everybody involved.

Uh, and that's what we want that that that safety aspect of it.

We want everybody to succeed, but please be safe.

And so uh we've actually gotten one permit that we are 90 99 that we're processing it.

So somebody's actually two now.

So thank you.

Um, but we've we've actually gotten to the point where we're processing two to actually be able to do their business, which is great.

That's what we want.

Uh so it's it's we have an uphill battle, and you know, Holly and Ed, they put me in charge of this uh this program uh because I'm I'm mainly the the the point man that's going out there all the time and doing this.

But I think that you know if we just don't lose our patients and you know, we keep up this enforcement, you know, uh on a constant basis, and also we adapt.

Uh, we're gonna have to change how we do things in some areas, but also we're going to have to increase enforcement.

You know, the we're we're we at first, like I said, we started with a uh more of an outreach towards education, and we said we want you to do this, and Ed's gonna pass out some uh informational flyers that we give to everybody because when you get your first warning and citation, we give you a green pap uh a green folder that basically shows you everything that you need to do.

Um, and that's right here.

So you'll receive a packet and it's gonna have different languages and it's gonna have different fly flyers in there outlining what it is that you need to do in order to be able to permit yourself.

And after that, we're gonna issue a warning, and after that we go on to citations and impoundment.

Um, but as I said, it's gonna, you know, the enforcement actions is just gonna increase, but we also want to try to help people when we can.

So that's basically my presentation.

Yeah, that the partnership really helps uh also thank the sheriff's office for being out there protecting us, and uh without them, this would uh also not be a success in with environmental health as well.

Uh, I just want to briefly show uh the outreach materials.

Uh, I think TISA has that can cue that up.

Uh so we said last year that we're gonna start with uh in uh outreach.

We Don said we give out this green folder as a first interaction with the sidewalk vendors, and um we did this in conjunction with uh uh ECD uh economic civic development people because they also have some um programs available to them if they're interested.

So basically, you have it in front of you.

This is what we give them.

So it's oh we also have it in Spanish, so in the flyer.

The the folder that we give, we have one an English version and a Spanish version.

Is this explaining what a sidewalk vendor is, when it's effective, how do they get started, all the contact number they're gonna get.

So it's pretty complex what they have to do to get permitted, but um we have to at least let them know uh and show them the process.

Um, how to obtain one.

Uh next, can you I think you just scroll down and go go up one, please.

Is there a page above that?

Probably not.

Oh, yeah.

So we have uh frequently asked questions.

So you just go through that, kind of help them understand if they have simple questions that can be answered through that.

Um, how much the permit cost, uh what can they can sell?

They can sell food, food or merchandise or both.

Um what's the difference between roaming and a stationary?

They're not allowed to uh be stationary in residential areas, and um it's a it's when this is expired, it's a one-year license uh calendar year, and um it's non-transferable.

So all these simple questions that we try to answer for them, and it's it's been helpful.

Uh and there's another flyer page down from that from ECD that um shows them uh if they're interested in becoming an uh entrepreneur or they want to uh explore their the uh operate a restaurant that there's things that they can get us uh business support from ECD.

Um hopefully some of them take advantage of that because it's a good service.

They even have um training academies for uh entrepreneurs, and uh we also have available the uh environmental health information.

If they choose to sell food, then they can uh work with their department first to obtain that.

And they're not and this is just a simple checklist to remind them what they're they're gonna need to uh get their permit going.

So you can see it's not that easy, though.

The one person that we finally are gonna hopefully give them a permit, he came back to our office like seven times, and uh now he we feel like he he has everything he needs, and we're gonna issue a certificate uh maybe this week, and he's uh selling flowers, so he didn't need a permit from environmental health.

Um that's the end of our presentation.

I don't know if you want to use environmental health have anything to share with this presentation or nothing separate.

Okay.

Um is there anything that you would like to add to this presentation?

Before I go to public comment, support okay.

Yeah, they're they're they're right next to us.

So everything that I just told you there that they're doing it with us.

Then what I'm gonna do is open this up for public comment three minutes.

Um we'll go between the room and people online.

I have no speakers for this item.

Okay, and we have no speakers in the room.

Okay, I want to close public comment, and I will start um with council member Davis.

Thank you, Chair, and thank you, staff for your presentation.

It sounds as if now we have all the tools in place that we can go after vendors, illegal vendors.

Previously it was private property, but now it's public property as well.

Is that correct?

Yes.

And including in that you can make confiscations of anything involved with an illegal vendor.

Not our department.

We we are assisting environmental health with them confiscating.

Let me just unpermitted food vending items.

Okay.

Let me just say, you know, the county has this ability now.

Yes.

Uh with the various team members playing intro uh integral parts.

As long as it's food related.

So if it's food related, let's take our favorite corner.

Uh you you've taken product.

This is so yes, we've we've taken product, we've taken I have you taken the shade structures, barbecue and burners, plates, forks, knives, cutting boards.

Um, there's been times when I've been there and we've left it with just an empty shell.

And the only reason that we didn't confiscate the environmental health didn't confiscate the tent was because there was no room left in the truck.

Okay, that's good.

And um now, um where are the two permits that are being requested in in Casper Valley now?

Uh the well, the two permits.

There's one who's a flower vendor.

Okay.

Um that that one's on Hisparian and Lowelling.

Uh, so where we he showed us his operation, he went through all the processes, and he's he's gonna be approved.

Uh the other one should yeah, another flower shop on Mission Boulevard.

Okay, nothing in Castro Valley proper then.

Not as not as yet.

Okay.

The um now you and it indicates that if you're if you're a vendor in a residential area, you have to be roaming.

You can't be stationary, correct?

Yeah.

Does that also apply in the commercial area?

For example, our lighted parade or one of our our events, and we have a whole series of vendors rolling their carts up and down the street.

Uh, is that now considered illegal?

Yeah, roaming is allowed in commercial too.

So that's are you talking more of like the light parade where you've got light parade whether they're sending product or they have a hot dog carts and that sort of thing.

And that's gonna be one that we're gonna have to essentially figure out.

Like I said, there's there's a lot of stuff that we're still trying to figure out and how this is all gonna work.

Because not only do we have to figure out how we're going to store the items that that we're going if if confiscation was you know on the table, we'd have to figure out how to the return those items if if they decided they wanted to get them back from impound.

You know, there's a lot of variables that are involved that we're still trying to figure out, and we've been very successful in working with environmental health and getting it to the point where we can actually confiscate, you know, they can confiscate the food items and then not only the food items, but you know, the barbecue pit, the the tent, the that kind of structure.

So when we we will eventually get to hopefully be able to figure out how to deal with those types of events.

Uh but as of now, yeah, it's got some.

Oh, yeah.

So we realized that there's issues going on with the events that's been going on for years, and there was no um strategy to enforce it.

So we do want to try to develop one.

I think Mr.

Davini's gonna be part of that, and we're trying to set up a meeting with the organizers, Chamber of Commerce, Rotary, Sheriff's Office, Environmental Health.

So we can try to develop something.

It may not be uh 100%, but uh at least we'll start with some type of um enforcement.

For our special events, um, one thing you may consider is creating an impound area, like uh a parking lot or something that you can move the carts there and put them in there and and uh keep them there until the event is over, and then if they want to pick it up or whatever, they they can do so.

But uh I've worked in cities where that has been successful in the past uh for special events.

The other thing is you've done a great job on creating a lot of information, written information.

Um my biggest concern is that we have people that actually can speak the languages because my son can speak Spanish fluently, but he's functionally illiterate.

He can't write, read or write it.

Yes.

So to assume that someone can read something because we put it on paper isn't always uh a correct assumption.

So we're we have staff or will have staff in place that can uh uh uh speak to people in their native language.

Uh yes, we do have a couple of people in our office that speak Spanish, and uh we also have a service where we can call a number and there's a live person that we can talk to and translate in real time.

So we've used that already.

Um it's actually a county service, so it's legitimate, you know, it's not just a phone app or something.

Okay, great.

Um, thank you again.

Uh I think we're making a lot of progress, and uh I'm just placing odds as to when we leave tonight whether or not our buddies gonna be at uh the corner.

That completes my question.

Okay, Councilmore Thomas.

Uh thank you for being here again.

Um they do the permit, when you do the permit, and this is excellent.

Okay.

Do you do they need a California ID or a photo ID to get this permit?

Um we asked for some form of I we do ask for some form of ID, but we cannot share it.

There's a state law that does not allow us to share any vendor information with any other agency.

Which is the biggest concern.

I know it's confidential, but what I'm asking is um the can they get the permit without a photo ID or uh any any type of ID.

No, we ask for some point, something already so you you know where they're coming from or their addresses.

That's what I'm getting to, because the guy on no the famous guy on Redwood Road.

I mean, it the what I'm hearing is that is an organized operation coming out of Sacramento, right?

For for them, you take this off, they'll bring something else back, and they keep coming back because they have a lot of money.

So for this to stop, you know, there should be an address, an ID, and uh, you know, um, you know, the and you're absolutely correct.

Um, when I attended the codeforcement uh conference in November of last year, I attended two supposiums just on sidewalk vending, and everyone um has verified that it's someone in Sacramento, same operation.

They basically go to this operation, they're given a truck with all the supplies, and they're told where to go.

And that is why we do not see the same people at this vendor.

Uh they're just employees.

Yeah, yeah.

And uh, I don't know how to, you know, good luck with that.

This is this process, hopefully, is great work.

Um, hopefully, you know, we can do something about it.

My last question, um uh, I'm going to reiterate what everybody's saying.

Beacon enforcement is important.

Um, you know, I don't know how you're gonna pull it off.

Maybe you can help them get from the sheriff's department and um, you know, get some help and do weekend enforcement because a lot of things are happening in the weekends too.

So thank you.

Thank you for your work.

Let's go to Council Fever.

Thanks, good to see you again.

I had a couple questions.

Um last time we were talking.

I'm glad to hear you're picking stuff up and confiscating it.

Sounds like maybe you got extra room between the two agencies.

Did we get any more trailers or trucks or things?

Because that was a problem last time.

Let's have environmental health talk about confiscation since they're the ones who confiscate.

Uh, we only provide administrative citations.

So the question is, I'm just wondering if you got any additional equipment to help you out.

Antonio go, the environmental health food and recreation program.

Um, we're using what we have already with due vector.

We have a lot of trucks we've got to control, but those trucks are not equipped with lift gates and tailgates that can raise this larger, larger pieces of equipment and put them on a truck.

So we're actually not taking the five foot by six foot steam cooking piece of equipment.

We don't have the infrastructure to do that.

Uh, but everything else we're taking.

It'd be nice to have that because that hurts when you take an expensive piece of property.

Yes, I wish I had another agency that was here to be able to support us with that.

I've seen in other counties where they drop a 20-yard or 30-yard roll-off bin where you don't have to lift anything.

You just open the two doors and roll the piece of equipment in there.

That would be ideal.

But again, environmental health don't have that infrastructure.

So we're doing everything within our means to address the situation, which I think we've been working uh actually wonderfully with uh the sheriff department and code enforcement.

I think we've made a lot of uh improvement.

Um it's challenging.

Um we've had what two rotations a day.

I don't want to say which days, I don't want to say what time, but we typically been going out probably three to five days a week um in the morning and after hours.

Um, probably I know environmental help sends out four staff every time.

So the amount of food and the amount of equipment that I've that we've confiscated is been enormous.

I've actually had to be up def up my organic waste bins, my trash bins, um, increase the shipments.

I mean, disposal shipments with the GSA, uh going to the transfer station and landfills because of the amount of waste, it's just been enormous, guys.

Um I'm I'm not allowing anybody to come pick up anything.

If you're unpermitted, it's going into garbage.

Uh no, if you show me ID, it doesn't matter.

You don't have a valid permit, so the equipment is not permanent in our side.

We don't have the infrastructure to store this.

We don't want the rodent infestation issues.

We don't want all the hazards that come with storing this unclean, this dirty equipment that has food residue because we really don't have the infrastructure.

Um, but other than that, sounds like that's limiting you.

The infrastructure?

Yeah.

I I definitely think that would be beneficial if we had the means to take this larger piece of equipment.

I didn't want to get up here and not mention that because I want this to be factual and I want this to really mean something and make a difference.

So I do think we have a poly plan in place for the next six, what, over the next 60 days.

I think we've done about two weeks of that 60 days with this ramped up enforcement.

I think after the 60 days, we should sit down and take a look at it and see how we can approach it even further if it still exists.

Um, and I think that would be the next step, was trying to reach out to other agencies, other agents agencies to see if we can get bigger equipment.

Yeah.

Because I really think if you take that, I think they call it an urn or a plate, but cooking a piece of equipment that they have, it would heat them in their pockets a little harder.

I do know my staff gives me a lot of feedback when they go out.

Now, when they see us coming, they try to hide the chopping boards.

They have they try to hide the knives and things like that.

Because you know, you have to go buy all of that stuff.

Whether you come back two hours or not, you have to restock.

And it's starting to hit.

I think it's starting to affect their their uh bottom line a little bit.

I'll say that.

Well, thank you.

I appreciate your answer.

Thank you.

You know, I think after the 60 days, we I hope that you'll come back and I'm sure the Mac board would try to help if they could and whatever they could do in getting you more equipment or whatever, or just talking to someone or doing what they can.

I would think there's something we could do, or at least mention something to someone.

Um was wondering, have you ever seen the the place on Norbridge?

I think it's Norbridge and Gary.

It's like a weekend operation.

It just pops up.

It must be, it's not in a very good location as far as drive-by traffic, but it looks like it's weekend only, and it must be social media, but it's right there in front of uh an apartment building on Norbridge where you can't drive down Norbridge one way, you can only come back the the other way.

And it um I I would look into that if you have a weekend.

Yeah, we're we're open to to taking any types of feedback.

If if somebody knows of something that we don't have already, yeah, we would definitely be able to go check it out at some point, even if it's just you know, stopping by there real quick.

Couple couple more quick questions with a permit.

Someone gets a permit.

Can they go locate anywhere they want?

They probably need to designate the locate location where they're going, but then they're there and they stay there.

So if they're asking for a stationary permit, they have to give us the location and a map so we can verify you know if they meet all the requirements.

And if they want to relocate, they have to submit a new location.

Got it.

Yep.

Now, if we found a person that wanted to get a permit, could they go to that famous location on Redwood Road in Cast Valley Boulevard and claim that place?

Well, there's uh I don't have the um then it's legal limitation.

There's there's distances you can't set up from a corner.

I think it's 30 feet.

There's you have to clear four foot sidewalk.

So all those things would have to be checked and make sure they adhere to those uh requirements.

Okay, I understand.

Last question.

I was wondering if there's been any fights or conflicts, turf wars, things like that.

No, that's my spot, things like that.

Oh, I I heard from the flower guide that got a permit that people are fighting him for that spot.

But you know, we haven't confirmed any of it.

So thank you.

No questions.

No further Devany.

Uh thank you, Chair.

Um boy, this has been a long time in the in the works, and I'm and I'm so pleased to see it uh uh finally starting to be implemented.

I understand it's at its infancy of implementation right now.

Um, and I hope you folks have enjoyed the the letters that I've written you.

Uh I'm I'm not a performative person.

If I was, I would stand up and clap like a seal.

Um, because we're finally turning the corner, and I'm so pleased uh uh uh to see that.

Um I I I noticed that uh I think it was about a week and a half ago, you guys actually did a confiscation um uh of our Castor Valley site.

And and by the way, I I fully understand the Castor Valley is not the biggest problem in unincorporated Alameda County for sidewalk vending.

But this is our jurisdiction, and it is it is right in our face, and it's just so prominent.

And I think everybody on this on this board gets elbowed and teased, and and you know, what are you guys doing?

So um, so that's why I'm kind of focusing on that.

Um at any rate, uh, in addition to that, I I think I relay to you that that uh a couple of times, two two times since the confiscation, they started setting up and then tore down before they either ran out of food in the first hour at the time I left the restaurant, or or they or they went, you know, uh radio silent.

So I'm I'm hoping that was an effect of somebody just showing up in the neighborhood and saying, We're here, should I call in the forces?

Is am I being optimistic there?

Or is that what occurred?

Yeah, if if if they get wind that we're we're coming.

Um that wasn't my question, John.

Did you?

It seems to me, it seems to me twice since your confiscation, they started setting up and we're down within an hour.

Uh well, we didn't go.

I know that uh there was one time that they they saw us uh because we walked into the safe way to use the bathroom.

Okay, and all it took was that and they gone, like like a like in the wind.

Um the other time was uh we might have I know we did a confiscation where we caught them where literally they were just setting up, so it only took us a few minutes to get everything and be gone.

So they probably you know jetted right after that because we took everything but the food because you know all their pans and stuff, because you can't cook the food without the pans and the cutting boards and and whatnot.

And if you don't have a barbecue, you're you're not barbecuing meat.

So that might have been one of those times where we were in and out within 15 minutes.

Well, so as critical as I've been in the past, I'm just I'm just so pleased to see that we have turned that corner, and I know that it's difficult.

You have state legislation that we're trying to interpret, you have county policy that we're trying to implement, you have coordination between three different divisions.

Um, I'm not suggesting that it's at all easy, and I know there's a lot of limitations, and I'm really glad to see that we have turned a corner.

One other uh avenue, and I and I know that eventually the the Safeway site isn't even going to be eligible because of the uh the setback requirements from corners because the proximity to other uh food vendors.

Um but in the meantime, uh I I think that Safeway should be issued uh uh a code violation as well, because they have let me finish, please, John.

They they have a van parked, participating in illegal vending on their private property with a generator running inside that van with an extension cord going across the parking lot across and across the uh sidewalk.

Now, if that's not a private property violation, I don't know what is.

And I think it would might be helpful to give them a notification as well.

Um last week, uh Deputy Ng and I stopped in and spoke with the manager of Safeway.

He's extremely frustrated with the sidewalk vendors himself.

Uh the tamali vendor actually attempted to sell tamales inside the store by pulling their ice chest through the store.

So they are more than willing to help us with this ordinance.

So we're in communications with the manager.

He's been a manager for Safeway for 30 years, and um more enforcement to come.

Okay, and uh would it help if we complained more, or are we complaining the the right amount?

Um Antonio, I really progress on that vehicle.

And we've already sent citation information to that vehicle owner.

So stay tuned for the next update.

Wonderful, wonderful.

Uh just just to be clear.

Um the the citations ramp up very quickly.

You go from 250 to 500 to a thousand, and you can do that every day.

So it's one of those things where if you're you know, imagine $30,000 in a month.

It's gonna, it's gonna hit them in the bottom line eventually, like you said.

And it's gonna make where even in operations big, you know, the chunk like that for one location.

It's we want to make it to where it's not worth it.

I I appreciate that John.

Let's not lose sight that that the that the confiscation is your is your strongest tool because you can levy $30,000 in fines that aren't going to get paid.

So um, Antonio, I find your your attitude very, very refreshing and and and we're taking, we're th we're tossing it out.

It's illegal.

It's it's food vending, it's it presents a public health uh hazard.

Um, this is another one of my ideas that I'm sure will never be implemented, but it if you wanted it to deputize any citizens, I can assure you there's a lot of folks out there with dump trailers and strong backs and weak minds uh that that might be able to assist uh under your d direction uh if that were to take place.

And then and then so I'm just thanking you.

I don't have a question for you.

And then and then my last uh uh comment is a thank you, Ed, to recognize the fact that we do need to uh meet with the community.

It doesn't have to be in a public forum like this.

But I think if if nothing else, some of our event organizers um deserve to know uh to have some expectations.

Am I gonna get any enforcement?

Uh am I am I gonna get no enforcement?

If I'm gonna get no enforcement, then how do how does he control his event?

Uh or if I'm gonna get uh a cooperative uh type of enforcement.

And so thank you for that for that recognition.

And and I think it's something that we should we should try to do now that the policy is actually being implemented.

Uh it's not a decision-making meeting, it's just communication, exchanging ideas with some of the people that are spending a lot of lot of time and energy on these events and getting very frustrated and are expressing their inability to attract food vendors that go through the process.

So I I will I will work on that outside of this uh this meeting if we can do it.

Uh, our next big public event coming up is the Raoul Ranch Rodeo event, and that's in May.

So uh perhaps the time is ripe for that.

And I believe that's all my uh questions.

Thank you.

Well, I'm sure Mulder.

Thank you, Mr.

Chair, and thanks to the team for the presentation.

Um are the vendors operating in San Lorenzo and Ashland, are they anyway connected to the vendor, the troublesome vendor here in Castro Valley business connected?

Are they part of the same organization?

Uh I don't believe so.

A lot of those, uh, the one on Redwood at the Safeway.

Yeah, you'll you'll notice that they all have the same setup.

Um, and we don't see any of that type of a setup uh at the Paseo Grande Ashland area.

Um, you know, they they don't have this the roasting spits or anything like that.

They're all smaller operations.

Thank you.

Um has has anyone reported any non-food sidewalk vendors in Castro Valley that we know of.

Yeah, we have used the yes, we have two merchandise vendors that I'm monitoring.

They're only out on the weekends.

Um see one over at the uh Mexican market here on Redwood and Grove.

And then we have a Julie vendor that likes to um push her cart through the Safeway parking lot.

Those are the two that I'm aware of.

Okay.

Um and they've been contacted and it's been explained to them what needs to be done.

No, we have not made contact with them.

Um I have not seen them since we've started our enforcement action.

Okay.

Um plans to do so.

Uh if we see them, then yes, I will obviously be giving them the green green folder, the the education, the information, and then we'll move on for our enforcement from there.

Thank you.

Um just like to mention any time we see a sidewalk vendor, if we have our educational outreach information with us and our citation book, we do stop and notify them on the spot.

We've done that on several occasions.

Okay.

Just curious why you'd be out and about without uh educational information or a citation book.

Mostly on a weekend.

Um monitoring.

Gotcha.

Okay.

In Castro Valley, in the unincorporated area, if a restaurant has no permit, um brick and mortar restaurant, they would be shuttered until they got the correct permit.

Is that right?

Yes, sir.

They would have to close until they get a valid help permit to actually uh senior plant checker or uh district inspector come out and assess the situation and determine if they needed to actually submit plans to go to the plan review process, or depending on how long uh the the facility has been unpermitted, they may have to just be able to go through a what we call a change of ownership process.

But yes, they would have to close.

And and those those permits are issued by environmental health, right?

Yes, the retail food permit is.

Yeah, okay.

And a vendor at one of our events, whether it's the rodeo parade, the light parade, or the fall festival, um, food vendors there, they also get permitted by environmental health, right?

Yes, sir.

Typically the sponsors submit what we call a sponsors permit, then they submit uh a list of all the actual vendors that would be participating at that event.

And they typically have to pull what we call a TFF permit.

So yes.

Okay, so sidewalk vendors permits.

Um the sidewalk vending permit is different from a food vending permit that would be done by a sponsor or by a brick and mortar building, and that permit issued by code enforcement.

Uh for retail food, no, that would be environmental help.

Right.

If they're allowed to do their specific yes.

If a sidewalk vendor uh unapproved vendor is present and they have the setup to do what they're supposed to do, or operationally, they are approved to do that.

Most of what you see on the sidewalk, they can't even obtain a permit.

We wouldn't allow you to do barbecueing on a sidewalk.

So it's not even an option, but there are some situations where you may see a truck, uh court or trailer that's been permitted by environmental help because we don't dictate time and place that may be out permanent, maybe out vending, but probably 95% of what you see is not even it won't wouldn't be allowed to have a permit with environmental.

Right.

Um, hence the confiscations.

Yeah.

Yes, sir.

Yeah, okay.

Um in in his presentation said we need to change how we do things.

What you know, what are the priorities to change, John?

Well, what I'm what I'm referring to is is there's gonna have to be uh obviously uh changes to time scheduling to, you know, because once they start to figure out when we're there, you know, if if like uh if like it was said, uh the obscure grande, you have a lady of the barbecues chicken.

She knows that usually we're out there at a certain time, so she disappears for a little bit.

Uh she might come back at nine o'clock.

So it's it's it's there, we're gonna have to adapt to how they work, um, and basically just keep adapting with them and keep them on their toes so that way when we go out there and we have this team of four environmental health people, we have you know, code enforcement there.

We've got you know, sheriffs, we got everybody.

We're not there picking up two two tweezers, you know, two two tongs.

You know, we want to get out there and get them, get everything.

So we may have to change how we do things, we may have to adapt, but that's just the name of the game.

You know, we're we're we're we're out there trying to to fight the good fight and you know, get what we can and hopefully make it to where this problem does go away or gets permitted.

Sure.

And and so that we can help you.

Um, what are the barriers?

What are the barriers to the adaptation that you feel is necessary?

Well, a lot of it's just coordination, you know, like for example, at the at the events, you know, when if we're gonna to uh let's say uh what was it, the the city that that has the the coordinate area for you know the the items, if we're we wanted to do something like that, we'd have to have sheriff with us.

You know, like for for example at the at the events, you know, when if we're gonna to uh let's say uh what was it the the city that that has the the cordoned area for you know the the the items if we're we wanted to do something like that we'd have to have sheriff with us uh you know so this is it's it's a lot of just coordination and figuring out how we're gonna work together to accomplish this goal uh but that's there lies the rub it's gonna take time and it's gonna take you know Ed Holly and and all the others all all of other departments being able to work together and figure it all out so it's just a matter of time.

Who holds who holds the key to cooperation and coordination I I don't think there's any one person that's that's you know stopping from a lot it's it's just one of those things where we have to figure out a procedure and being able to all of us coordinate and develop that procedure it's it's the hard part now if we had you know help from other agencies you know with with the ability to do more than what we have just like Antonio said we we we don't have the the some capabilities so we have to work within the parameters that we're given and unfortunately that's a tight box.

So if we had more cooperation from other agencies I'd say that's the biggest part of the puzzle and the biggest key.

But right now we have a team that's working really well together and we're seeing amazing results.

So and we're just gonna keep getting better at what we do and developing new standard standards and procedures and you know basically figure out new ways to enforce.

What are the other agencies that that need to be involved that would help expedite um enforcement that's kind of above my pay grade I I do know that we have ideas but it's one of those things where you know that that's something that we're gonna have to develop over time.

I I I can't name agencies right now um off the top of my head but but you know if you had their cooperation life would be easier.

Well any any type of cooperation would make life easier from from anybody you know so any type of help we could get that let's say this even if if the Mac was to reach out to to any organization say hey what can you do for this specific problem to help out this team that we have that we'd be more than happy for you guys to help us with that.

Okay.

Um it's a big world uh little direction would would help us help you nothing else well like like Antonio said if the lift trucks and storage areas and bigger containers and you know you name it if if there's agencies that you guys know of that you can reach out to and and that's just one of those things where we you know we've tried you know to to everything that we have and we're we're just working with what we have if we're given more tools then we'll gladly accept them.

All right.

I understand that one thank you um and congratulations on 41 warnings and citations that's uh that's that's a good start appreciate it that's all Mr.

Chair for me thank you um I have a few a few questions this has been going on for some time now and it's very typical of Sacramento government allowing something to go on and not giving the county resources to um to implement the rules that um they grant people um and it's very frustrating because I see that you guys are missing a lot of things that you need um you know my concern is business fairness you know we get people to pay for bricks and mortar permits insurance employees and everything and then we come to find out that people come do business right on their doorstep and don't pay anything and um and and we've allowed this it's been going on a while um who's the lead agency on this somebody has to be in charge who's the lead environmental health or uh or um um code enforcement yeah I I don't think that there's in this instance there there's a lead agency well somebody we wants to be in charge uh you know who do you call when you see a food vendor out there and selling so if if if you see a food vendor typically somehow somebody will get the call and then we share that information with with each other and then they're added to our enforcement list.

So whether it be um you know a new taco shop on East 14th and 163rd you know that's that's it's either going to come in through our channel as somebody's doing unpermitted you know food vending or they're gonna see it it's not really a matter of of somebody being in charge we're all working together for the same that that to me is a problem in itself when you don't have a lead agency or someone in charge that says that this is our responsibility that's a problem.

When you don't have a lead agency or someone in charge that says that this is our responsibility, that's a problem.

No, you're correct, sir.

And that's something that uh uh the food and rec program deals with every day complaints.

Uh a lot of what we do is based on the complaints we receive.

So when we do get a complaint about uh unapproved food vendor in front of a brick and mortar, we send somebody right out right away.

Uh and that's very true.

I know that um uh the vehicles that come into the fairgrounds have a HUD sticker on them, I believe.

We call that a decal.

So if you have a permit, you have a decal on your truck.

That's one way to identify that environmental help has it actually inspected and permitted your vehicle.

So that decal that's on the vehicle, yeah.

I know if it's rubbed off or painted over anyway, they don't get to go.

I mean, uh if it's been altered in any way, that's not a good sign.

So but if you call and complain about it and you have the license plate or uh in the address, typically we can just look in the system and see if they have a valid permit or not.

Okay, so um are the is the equipment that these folks are going to be using gonna be stickered.

Say that one more time.

Or is it or with the equipment they will be using for selling food out of, will it be NSF or uh stickered?

Yes, it'll be identified and difference right there.

When you see an improved the uh card or improved truck, it has all the proper finishes.

Uh, when you see something that's a lot of times you see these wooden cars, and nine times out of ten, they're not approved by the health department.

That's kind of my point.

Yes, that's part of the process.

Even with a court, you have to bring the cart to the health department, you have to submit a plan, they have to look at the finishes, depending on what type of operation you if you're dealing with pre-packaged food, you may not you make and get away without having a sink, but if you're dealing with open food, you got to have the proper hand washing sink.

Um, you know, and our three compartment sink on the cart where you wash risk and sanitize.

So those are things we look at as part of the plan review process.

So on the food vendor side, if um see what we're understanding is a lot of the this company comes out of Sacramento, it's got multiple retailers out there selling.

Um is the permit for this one company, or or is it for the individuals that maybe subcontractors or or whatever of that company?

How are we gonna know who is legal and will they have a certificate that's clearly posted that says, hey, I've passed the um, you know, like you go into a restaurant and it'll say on the wall that they just had their safety inspection and everything like that.

Is that what we're gonna be seeing?

Councilman, you wouldn't even permit those facilities.

That's one of the facilities that I'm telling you.

They operate like a full-blown restaurant, so they wouldn't even be permitted.

You would see something similar to that at a sponsored event where you have to put the sponsor has to pull a permit, they have to pull a TFF permit, something temporarily, then you'll see the bus tubs for the hem washing and the wear washing and all that stuff, and you just see a canopy and it's typically enclosed with a net, food is covered and protected.

You none of those tents that you see, the huge red tents with the broilers and all of that uh are we wouldn't permit those on the sidewalk, wouldn't be allowed.

Okay, so I'm a to I'm a so I have not seen a legal one yet, then from what you're describing.

So uh I would assume that most of the sidewalk vendors won't be existing uh based on what the rules are.

Yes, depending on their operations, right?

Depending on what they're doing.

When it goes, well, I mean, just what you described and what I've seen.

On a positive note, the good thing is is all these trucks when we go to like Paseo Grande, they they love when we show up because we're taking their competition away, and they're saying we paid all this money to get our truck to get our permit to go to environmental house to get all the finishes, and they're like they say you know, thank you for coming out because we you know fought for our business, you know.

And so and then we also have like the churro station that's getting a permit through us right now, and they're they're they're they're legitimizing their business.

I don't I would just like to say if you could give us a visual permit that so we know who's been through the proper process.

Our department has one, yeah.

We're okay.

We have a certificate that we're gonna issue.

Does it matter to me?

It just like a restaurant has a a sign up, then we know that it's got the thumbs up.

We totally have one.

Um who's responsible for the cleanup?

Because I notice that when you sidewalks and these guys are all done, there's oil and food and stuff left.

Is that public works or is that environmental health?

Or is who's the who's gonna come out and take care of the maintenance of this?

That's well, yeah.

Like I said, if if they're permitted, then the permitted person would have to be responsible for the cleanup.

However, it's we one of those things where it for us to consider something uh like a zoning ordinance violation, it has to escalate to a certain level, and we would discuss that per process.

So my to assume that here in Castro Valley, if you were to issue a permit for someone to sell something on the corner of Redwood and Castor Valley Boulevard, that when that vendor is done and gone, somebody from environmental health or public works or um code enforcement's gonna swing by just uh make sure everything that it's not a mess left in front of the vendor that takes care of his parking lot and everything.

Yeah, like let's say that we knew that the vendor was just throwing a bunch of trash into the into the you know that from let's say the flower vending.

If there was a lot of things, I'm more concerned about the oils and things like that, and the food that's left on the ground and draws rodents and everything for the poor vendor that's there trying to make a dollar.

No, I understand totally what you're saying, but environmental health, we don't enforce time in place.

If you're permitted by environmental health, mobile food vendors simply out of truck, a trailer, or a push court that has to go back to a commissary at the end of the day to do these type of things.

All of this is part of the standard operating procedures when you go through our plan review processing, the dumping of the liquid waste, the draining of the liquid waste, the draining of the oil, the garbage debris, you have a commissary that these individuals have to go back to at the end of their in their day, or you don't even get a permit, even like trucks, they have a washdown area.

If they don't have a washdown area, we might look at the local car wash so they can go because they have a storage tank, stuff like that.

So all of this is things that we review and approve before permitting the facility.

So that's why I see a lot of the vendors you see on the sidewalk, they wouldn't receive a permit by helping.

Okay.

The cleanup was uh kind of a big one for me because I've seen quite a uh a lot of mess.

Um have you written uh uh given a well, I don't know if the county does this or not.

Um have you written a purchase order or a request for equipment so that you can haul off?

I know that if um if your car is parked somewhere or and it's in an accident or whatever, a tow truck comes and gets it, toes it to a storage yard, and then you get to figure out how to get it out of there.

Um would you think about instead of coming up with equipment to haul this stuff off to develop a relationship with a either a salvage provider or somebody like that?

You come out and you guys got a trailer here and it doesn't meet the qualifications.

Who's gonna haul it off?

Um a guy's got a a giant barbecue and a boiler, who's gonna haul it off because I don't think uh the county is gonna say, hey, let's go get a couple trailers and let's go get a couple more trucks and things like that.

I would think that you might develop a relationship with a tow truck company or somebody of that nature.

So to answer your question, there's we've been developing our procedures.

So when I when I said earlier that that we may have to change how we do things, you know, that might be something that we may have to ramp up into, but it's we we would definitely have to develop those procedures and you know work with the other departments and find the so these are all great ideas that we've we could look into, but you know, we're we're still in the poor portion where the enforcement has reached you know X, it's gonna go to Y, and then it's gonna go to Z.

So we're we're definitely developing more and more um tools and options at our disposal.

Uh, but that would definitely be like something in the long run that we we would try to possibly do.

In closing, I would just say that I something I've learned a long time ago uh in business is don't confuse effort with results.

And we're really looking for the clean this mess up.

So um, and we're we're on your team.

You just let us know.

You know, I I talk to Supervisor Miley about it regularly.

And if if there's some equipment that you guys think you could use and need, I'd be more than happy to sit down and say, hey, please find this on a budget.

But we're here to help not here just to complain about a problem.

But we have to solve it.

And uh whatever we need to do, let's let's just do it.

Okay.

Um but thank you for getting it rolling.

Thank you for confiscating some food.

But now let's start confiscating the equipment because that's where it hurts.

Capital.

So you guys have any other questions or comments?

There's a quick comment.

Is a fire department involved in this because you know you're dealing with the flames, right?

Yeah, but it's yeah, Holly can answer that.

She's been in contact with them.

I did reach out to Bonnie Terra with the Alameda County Fire Department, and she said that she does not do any type of enforcement for non-permitted events, and this type of uh vendor would never be permitted.

Therefore, there would be no enforcement from the fire department.

So if there's a uh part of the permit, fire department is involved then to get the permit.

No, no.

They do event event permitting.

Because uh the flames could be.

I reached yeah, I reached out to them specifically.

They um they know it's not allowed, but they're not going to do enforcement.

I also reached out to Bay Air Air Bay Area Air Quality Control regarding the smoke.

And they did send an investigator out to see if they can write a citation.

Yeah, thank you for trying.

If they have no burn days, they'd be in real trouble.

Um chair, I have one more.

Uh Ed, if I can uh uh ask you this question directly.

I was quite shocked when you didn't take ownership of this program because I've watched this since before I even sat on the Mac.

And um and I I watched it through the the various Mac uh hearings.

I've I've watched it in front of uh unincorporated services subcommittee.

Uh I I attended the the planning thing when you worked on the regulations.

I've seen it go through the board of supervisors for first reading, a second reading.

And all over this, it's always said code enforcement is going to be the lead.

At the beginning, there was some question.

You crafted it, you did a wonderful job.

You you started rough and you refined and refined and refined.

And I'm hearing that we're still refining our policies and procedures.

I get all of that.

But Ed, if there's a department that's gonna be in charge of this, it's environmental.

I mean, excuse me, it's it is code enforcement and the sheriff's department and environmental health are tools to help you do it.

But I think the buck has got to stop with with with your guys' department.

You crafted it, you pushed it all the way through.

Here we are.

Um and and I'd like you, I'd like you to just say it's ours, it's ours.

Well, uh, the actual ordinance is ours.

It controls time, place, and manner, right?

And it's limited to administrative advice and fees.

We have separate authorities.

They're in charge of any food-related operations.

They're not in, they don't have anything to do with merchandise stuff.

So anything that's in that ordinance that was created, yes, we are in charge of that.

But if we're addressing food safety, uh that's the authority of environmental health under the food code.

That's the reason why they're able to do it.

Hold on, hold on, hold on.

I'm sorry.

We're we're done with this subject for the evening.

We have another item to go through.

We're done with the topic for the evening.

Okay, Mr.

Chair.

I'm so sorry, Mr.

Chair, fellow council members.

I've I've got a family health situation I need to attend to.

I'm gonna have to leave the meeting.

I'm I'm very sorry.

Understand.

Okay.

So um let's move on to the next item on the agenda.

And I'm sorry we've so late getting to you, but um, it was a full full agenda this evening.

Um, that is the consideration of the review of additional fireworks um deal.

And um that's quite a all right.

Uh thanks for having me.

I'm Sergeant Kurt Imperial with uh the Alameda County Sheriff's Office.

We're on our uh property crimes unit in our unit.

We're on our uh property crimes unit in our unit uh as I explained to you that I think the last time I saw you um we're in charge of enforcing the the fireworks suppression uh with our department.

So tonight uh as I told you several months ago, we're working on this uh ordinance, and uh tonight this is to consider and review uh the addition of a fireworks and social host ordinance uh to the Alameda County uh municipal code banning all fireworks uh in the unincorporated area uh which also includes a fine structure.

Uh this is gonna be an action uh I'm sorry, action on the item will provide recommendation uh to the Board of Supervisors.

So why do we want this ordinance on June 14th uh 2023, uh almost three years ago, uh ACSO acknowledged the concerns of the Fairview Mac regarding the use of fireworks, stating a team would conduct research to see what could be done to create this ordinance.

And real quickly, um, this is an update on the fireworks uh calls that that we responded to, or actually we don't respond to all of them, but these are the the calls for service for fireworks where people were calling in saying that there are fireworks.

I think the last time I I saw your committee, uh I think I gave you uh stats for one night.

Uh this is gonna be for one month for one month period from June 4th to July 6 in each um of our beats or sectors that we have.

So, real quickly, uh on the first uh slide or page, we have sector one and uh in San Lorenzo and over Hayward Acres.

We could go over to the next slide.

Uh Ashland and Cherryland kind of looks like constellations on the next slide out here in Castor Valley.

Mostly uh the slide on the left for you for you guys here.

It's showing uh to the west of Redwood.

And the second slide, you have it over on the east Redwood, and then into the Hayward Hills.

Next slide, we have uh Fairview and Five Canyons area.

I'm sorry, Sector Five.

Yeah, the Five Canyons area.

There weren't too many.

And the last slide, that's our Tri-Valley area.

But in total, from uh June 4th to July 6th, uh, we received just shy of uh 645 firework calls.

So this chapter uh it will be cited as the fireworks and social host ordinance.

The uh Alameda County Sheriff's Office shall administer the provisions of this ordinance.

Uh and we will have the authority to designate employees or other members uh of other public service agencies as enforcement officers uh to uh enforce the responsibilities of this ordinance.

Uh hearings and appeals will be heard by the Board of Zoning Adjustments.

Uh ACSO uh or their designees uh shall have the authority uh and discretion to issue verbal warnings, written citations uh for civil violations, issue notices and orders uh andor place individuals under arrest pursuant to California state law and the US Constitution.

Basically what we've already been enforcing uh every 4th of July.

Admissible uh evidence for a violation for this ordinance would include law enforcement reports documenting persons being observed uh in the possession of any fireworks or discharging any fireworks at a specific property under the control of the responsible party and or property owner.

Uh photographic or video evidence taken by ACSO um or their designees of persons in possession of any fireworks uh or discharging any fireworks uh at a specific property.

And secondary evidence can include photographic evidence, video evidence, and statements submitted to ACSO or their designees by residents during an investigation that ACSO responds to.

And what we've been doing traditionally, and this ordinance just reiterates it, but no person shall possess manufacturer sell, offer to sell, use uh or discharge any dangerous fireworks and/or safe or sane fireworks in unincorporated Alameda County.

Individuals who are found uh possessing uh said fireworks or discharging them shall be subject to verbal warnings, placed under arrest and or issued a criminal citation pursuant to again uh any of the applicable laws of the U.S.

Constitution and the state of California.

Again, that's something that we've always done.

So individuals using fireworks.

We go on to the next slide.

So individuals caught using fireworks.

Uh they could be given a verbal warning and released and fireworks confiscated.

Uh they could be issued a criminal citation, which is the citation in the middle of the slide there, or they could actually be placed under arrest and taken to jail.

We go on to the next slide.

So some general violations for social host.

Uh, it will be unlawful for any responsible party and or property owner to permit, allow or promote the discharge of any dangerous fireworks, safe and sane fireworks uh if they know or reasonably know or should know that an individual is discharging fireworks on his or her residential or private property.

Um a responsible party and or property owner who permits, allows, or promotes the discharge of dangerous fireworks or safe and sane fireworks at their residence or property under their possession makes them strictly liable for any violation of this ordinance.

To continue with uh some general violations for the host, uh no responsible party and or property owner shall aid or abet another person's violation of this provision or uh this chapter, a responsible party uh andor a property owner aids and abets another person's uh violation, uh, if he or she knows uh of the other person's unlawful purpose and the responsible party uh specifically intends to and does in fact facilitate, promote or instigate the other person's commission of that violation.

So, in other words, this is this happens quite often when we're uh enforcing on 4th of July and we try to make contact and everybody goes into the house and they refuse to come out, uh, they don't want to talk to us, and the host or maybe the host stays out and they don't want to uh identify the person actually shooting off the fireworks.

So that's where that subsection comes into play.

A host is not in violation uh if a responsible party andor property owner initiates contact with law enforcement to assist in removing any person from their property in order to comply with this chapter, uh, and if the request for assistance is made before any other person contacts law enforcement, excuse me.

So individuals who are social hosts of fireworks activity are subject to receive a civil administrative citation.

And on the next slide, in your packets, there is a uh example of what this citation will look like.

Um we'll go over these uh in a few in each section, but it's basically divided into four sections.

Uh the type of violation, the persons getting cited.

Uh, note that there are two sections for uh two people to be cited, and we'll go into that, and then the violation information, and then the deputy or officer that will be serving the citation or writing it.

And then uh the other letter is basically it's a notice of violation letter that would accompany this citation in the mail.

As far as the citation process, when an enforcement officer declares a fireworks social host ordinance violation, they shall uh issue an administrative citation and a notice of violation letter, as you saw, uh within 30 days, within 30 calendar days of uh the violation to the responsible party and or property owner.

If an enforcement officer is on scene, efforts will be made uh to identify the responsible party andor property owner, and if the responsible party is identified, the enforcement officer shall determine if the responsible party is a uh it is the property owner or a renter or leasee.

Um if the responsible party is a renter, efforts should be made to identify the property owner.

In situations where the identified responsible party is a renter and the property owner has been identified, uh, an administrative citation shall be issued, naming both the responsible party and the property owner.

So essentially, if uh we contact somebody, we identify them, uh they say that they're renting the property, they would be uh person number one on that citation, and then if they are a cooperative and uh they tell us who their uh landlord is, who the owner is, that person uh goes in section two.

Uh that person in section two is the owner, does not necessarily get the citation, they're just put on notice at that point that their renter has received a citation.

If an enforcement officer is unable to identify the responsible party or is uh enforcing this ordinance through report and observe techniques, this administrative the administrative citation shall be issued to the legal property owner and/or legal occupants.

Uh and then the property owner would be identified through the Alameda County Assessors uh office property records, and then the citation would be mailed uh through certified mail to the property owner's legal address.

So oftentimes when we're out enforcing, sometimes it's too dangerous for us to go out and uh enforce the the fireworks suppression, and at this point, and this is what many of the agencies are doing right now, they just record the fireworks activity coming from the property, and they don't even make contact, they just get the the video evidence and they document it, and at that point they just they go through their uh county assessor's office and they identify the property owner, and then they mail off the uh citation at that point.

The responsible party, uh the property owner and/or legal occupants, once they get the uh violation or the citations, they shall pay the violation only by check or money order made payable to the Alameda County Sheriff's Office within 21 calendar days of the date the citation was issued.

The uh fine schedule is as follows.

The first violation of this ordinance uh will result in a penalty of 750 dollars.

Second violation will be 1,500, third or subsequent violation will be 2500.

Uh there will be no grace period for repeated violator for repeated violations by uh the same responsible parties uh and any subsequent violation, regardless of the amount of time between violations will assess the fine to the next level fee, but not exceeding 2500.

If the payment is not received by the date listed on the citation, a second notification letter uh will be sent to the legal property owner, advising they will be that the property owner will now be accountable for paying the unpaid fines, uh, and they will have the right to appeal within 10 calendar days of the date listed on the notification letter or the unpaid fines will be sent to the Alameda County Central Collections Agency.

All funds collected under uh this ordinance shall be retained by the uh county of Alameda in a separate account and used exclusively to fund the enforcement and public education of this ordinance.

The next form we have here is the appeals request form uh that a person could fill out if they've received a violation.

Uh the responsible party uh may wish to appeal the administration's administrative citation.

Um they must file uh an appeal within 10 days 10 calendar days from the date the administrative citation was issued uh by completing that required form.

Um and then the BZA shall conduct an administrative hearing uh within 45 calendar days from the date the appeal was filed, and that's to ascertain whether a violation has occurred at these administrative hearings.

The BZA shall hear and consider all relevant evidence, objections, or protests, uh, and shall receive testimony under oath relative to such alleged violations, and then the hearings may be continued from time to time uh by the BZA, and then the BCA's decision of uh any appeal may be sustained or determined to be unfounded.

Uh the responsible party, property owner and/or legal occupants may appeal the BZA's finding uh to the uh board of supervisors within 10 calendar days to their clerk uh of within 10 calendar days of the BZA's decision.

The board of supervisors uh shall set a date to hear the appeal, in which the date shall be not less than seven calendar days nor more than 45 calendar days from the date the appeal was filed, and upon conclusion of the hearing, the board of supervisors shall determine whether the responsible party or property owner uh and or legal occupant were in violation of this chapter.

Any person who's aggrieved uh by an administrative decision may file uh a petition for review with the Alameda County Superior Court if they're not happy with the Board of Supervisors finding.

So our tentative timeline for this, we've already uh presented this to the EDAMAC, the Sunolmac, the Fairview Mac, and tonight uh to your committee.

Uh on the 25th, uh, we will be presenting this to the Board of Supervisors Unincorporated Services Committee.

Uh and we're projecting hopefully uh between April and May uh the first and second readings uh by the Board of Supervisors, and hopefully this fireworks and social host ordinance to be put in place hopefully by June.

So what we're requesting, ACSO is seeking the MAC's uh comment and input on the proposed draft ordinance.

This is an action item enabling the MAC to um either vote to recommend the Board of Supervisors uh adopt the proposed draft ordinance, vote to recommend the Board of Supervisors adopt uh the proposed ordinance with amendments, uh, or vote to recommend the board of supervisors not adopt this proposed draft ordinance.

Uh and again, our next our next step is to present this to the uh unincorporated committeer services before uh having the board take it for its first reading.

Um I'm looking at the time up there, and it's quarter to 10.

And uh we're usually done at no later than nine.

I was looking at this thinking it was going to be pretty straightforward, and um asking for public comment and then getting each one of the council members here a comment and then a resolution of uh um addendums or changes.

Okay.

I don't think so.

Possible in 15 minutes.

It's and I could tell you that I could be here all night if you like, but if it we will not be here all night, and I'm not gonna ask the board to be here all night.

Um I'm just looking at this and saying, you know, I I listen to the presentation and the ramifications for folks that um may violate this deal here.

Uh is pretty significant.

Yes.

minutes it's and I could tell you that I could be here all night if you'd like but it we well I'm not going to be here all night and I'm not going to ask the board to be here all night um and I I'm just looking at this and saying you know I I listen to the presentation and the ramifications for folks that um may violate this deal here uh is pretty significant yes and uh not to be taken lightly so um I uh I I think I would like to um not have a vote on this thing tonight I don't think that um um I I just don't think it would be doing the community justice that I don't know how many members are setting up in the community listening to this that would call in yeah how many people do you have online one speaker okay let's you know what at 10 o'clock regardless of where we're at the meeting's over fair enough everybody's down okay um I'm gonna go ahead and open it up for public comment caller you're on the line you have three minutes Brenda yes hi um Ted you your council met last month and you canceled your meeting for lack of quorum this would be on this has been on the road show now for months going to every Mac and what stalled it a little bit and made it so urgent tonight is that you didn't hear it at your last meeting and it's been all the way down the road everybody has uh approved it the community wants it um I'm from Fairview by the way and I just wanted to you I wanted to encourage you to hear this if there are no more speakers if they're um just the board wants to speak briefly and let's get this done because we've missed the last um unincorporated services committee and the the board of supervisors would be hearing it tomorrow so maybe we can move quickly and get this done or we're gonna miss another year of 4th of July thank you I have no other speakers on this item we have no speakers in the room um I'm gonna go ahead and uh go to um councilmember Davini you get us started I will keep my comments to to two minutes or less um the biggest concern that I have this first of all I applaud the effort I think it's fantastic especially the escalating fines to to make the uh violators accountable I I very much appreciate that uh Officer Imperial my biggest concern is is holding property owners um uh responsible for the actions of their of their tenants uh a property owner can range anywhere from a a little old lady that that moved into an assisted living facility and is now wrenching out her house or to an apartment owner um but it it seems like the way it's crafted right now that it's unlawful if they allow or permit and I get that part I'm all in favor of that or if the discharge of fireworks is directly associated with their property I don't know how property owners can enforce the law particularly uh with some of the eviction uh uh rules that we've set in place uh in in the county here so I would say holding the property owner responsible for illegal activity of a tenant is is something that I'm having a difficult time getting over holding the registered uh tenant whoever has the lease I get that because that is more in their direct control um they get to control who their guests are I understand the problem of everybody running into the house and not knowing who to blame but I I think I could not support this if it was going to go back to an owner that may or may not know anything about this uh so long as they're not actively involved in the violation that's a great comment and uh that's that's why we're gonna have the administrative hearings uh and that's why they would have a right to appeal um and so when it gets to the administrative hearing process the BZA could take that evidence and if they determine okay uh property owner you you are in an assisted living situation for instance um you you didn't know that this person was gonna be hosting a party uh can you please share who your renter is and once and I'm sure that property owner will be more than willing to share that information um and at that point the onus will now be transferred to the renter council member feeble I was curious as you're going through here what what's um is the supposed legal fireworks a danger to the community has has that started fires in comparison I know you know uh most often when we're out every fourth of July we we see the the big area

Council Member Fever.

I was curious as you're going through here, what what's um is the supposed legal fireworks a danger to the community?

Has that started fires in comparison?

I know you know uh most often when we're out every fourth of July, we we see the big aerial crazy ones, and they're like being shot off over the hillsides of 580, and then we've actually responded to several fires along the hillside, and the it's usually from those and the the after effects, but and then in between, we will see like the the families shooting off the the little safe insane fireworks, and really we we just basically will admonish them.

Uh in some instances, you know, we're not gonna we're not gonna cite uh an eight-year-old with a sparkle, you know, with sparklers in the little snakes that that you know aren't too dangerous, and uh in in a in a street, you know.

Um but they definitely have the potential.

Yeah, if they're in the wrong place at the wrong time, if if they're lighting those things off, yeah, like right next to the curb next to a dry hillside, then yeah, um they're they're definitely um dangerous.

And that's why those safe insane fireworks, and we usually give them this kind of verbiage all the time that if you want to light off safe and sane fireworks, you have to light those off in the cities that you purchase them from, which is Dublin, Newark, and Union City.

Uh you you can't come to unincorporated uh and light them off.

Because yeah, technically the you you could be in viol, you well, yeah, you will be in violation of it of this ordinance if if you are caught with them.

Sounds like they're rather safe.

I'm I'm wondering why Alameda County decided not to have those legal.

I yeah, I I don't know why either.

But um they've they've made it very clear though that um they could only use them in those three cities and just not anywhere else.

I'm just thinking maybe if people could do that, they wouldn't do the other stuff.

I I know I went to Concord or out there where it was legal somewhere and sat in the parking lot and watched fireworks and drove home.

And I think I saw better fireworks on the side of the freeways on the drive home, the illegal places, you know.

Yeah, yep.

So yeah, I just thought maybe that um they would do that.

You know, um, you brought up the the assisted living thing.

Um someone Dan brought that up, you know, someone gets uh fined, she's assisted living, that sort of thing.

You go to court.

Um they say, well, here's the the tenant who lives there.

What's the real likelihood of that really getting transferred?

Because you know, it sounds good as we talk, but in reality, when it gets down to it, I I the law is pretty tough.

And and unfortunately, uh I mean, even if they are cooperative and and they they provide that renter's information, ultimately, you know, and I guess that that's why, and I'm I'm not saying it's not anything part of this ordinance, but that's why people have uh down payment deposits for renters and and whatnot, first and last month's rent.

Um, and I don't know if if homeowners want to take advantage of that, but typically um if they provide that information and hopefully they would let their renter know that hey, if you need you need to pay this, uh you need to you know go through this process because it's coming down on me.

Um, and again, if if the renters do not end up paying, even if we end up with their name, unfortunately, the property owner is ultimately responsible for the fine that goes unpaid.

So we we give them the opportunity, and and our agency is going kind of uh we we are going above and beyond what other agencies are doing because like I said before during the presentation, other agencies aren't even contacting uh other like the actual property owners, they just go straight into the uh assessor's office website and they just figure out who the property owner is, and automatically the property owners get it.

We're going above and beyond where if we are gonna make contact with people with people, we are gonna find out who you are, and we're gonna try to determine if you're renting or if you're an owner.

So we're trying to put the citation in the correct person's hand before it even gets to the property owner.

Yeah, that's that's a little difficult for me to understand.

That'd be like, in my opinion, someone setting a firework off in front of a restaurant, and then since you didn't catch that person, you go in the restaurant and say we're gonna find you.

So you know, it just I mean, it just doesn't add up.

So yeah, in in that situation, we we wouldn't be you know, finding the the pro, you know, the restaurant owner.

What we would be doing is if you know we if we we were there, we would try to catch the perpetrator, because that was a question from another uh I think the last Mac meter, the fairview Mac.

Somebody's somebody brought up the situation of what are you gonna do with people that come from outside of unincorporated Alameda County and they're just lighting off fireworks on somebody's driveway somewhere in yeah, we're not we're not we're very reasonable.

We're not going to just cite that person just because this random person signed, you know, decided to shoot off a box of fireworks on their driveway.

Um, if if there's a legitimate reason why they're there are fireworks shot off and they didn't know this person, and we get that information, we're we're not gonna cite them.

Okay, we're gonna definitely try to find out who that person is if we're there, and then that person's gonna be dealt with criminally and again dealt with on the criminal level and given uh criminal citation or rusted uh or you know, or they get away, um, which is the case sometimes.

My feeling is you know, if it's in law and it's in writing, that you know, we may talk about yeah, we'll let them slide because of that.

But in reality, depends on other factors and who's pulling the strings, they get fined, it goes, or maybe some sometimes it's lenient and sometimes it's not, but it's uh not decisive.

Um, you know, and I think I was on those calls with the supervisors of um the county, Alameda County during COVID, and we had these old people, you know, um, they had a rental, they're in a living facility, they um COVID was you know, you you get sick with COVID for a week or two, but you know, you could just like extend your COVID thing, not pay rent for years.

So, you know, I didn't know anyone who had COVID for years, but um that's how it read.

So since it read that way, that's how people treated it.

And then I those same living people in the living facilities who were living there by the rent had to move in with other people, sell their property because it was in bank, you know, bankrupt or foreclosure.

Um, it it just was not a good situation for a lot of people.

New people getting started in the rental field, you know, barely making the money, probably negative cash flow because you never have a positive cash flow at first.

They'd be hurt.

You you can't hurt people.

This this would hurt people.

I can't support this.

It's it's uh to me, it's crazy.

So I I'm not in support of it at all.

So got a couple minutes.

Um I also have a problem with uh if the renter does not take responsibility and it falling to the property owner uh for the cases that were cited.

Um the other thing is is that I don't I have not seen a rental agreement or a lease agreement for residential that prohibits fireworks in that lease agreement.

So the owner of the property has no legal ramifications to address that with their renter.

He cannot evict his renter, but if his renter doesn't step up and assume responsibility, the entire burden is on the property owner.

Um secondly, there's no such thing as safe insane fireworks.

I've had friends who've lost their homes because people were using safe and sane fireworks.

They should have been, I don't understand why they're even allowed in California with the propensity of fires that we have.

Um you state that yes, uh the people that are in play right now making the ordinance may be reasonable and may not go after the property owner, but uh as soon as you're out the door and a new group comes in, there's nothing to um say that level of reasonableness is still gonna be in play.

And so you have created a law that is black and white, and uh you're saying that you're gonna use a lot of gray to determine whether or not it's you're gonna uh implement it or not.

And so yeah, as it's written now, I I can't support this.

So Joe, go ahead.

All right.

Um Sergeant and Burial, thank you for being here.

The first question um is this a citation infraction?

The citation that it it's an administrative citation.

So it's it's administrative citation, not a criminal citation, is what Captain McMillan stated.

And then uh myself also, you know, if the renters are committing a crime and the owner of the property cannot be held responsible.

I just uh feel strongly about that.

Um that's just my take on it, because you know, renters could be doing a lot of things, um, you know, and then to hold the owner of the properties out of town, out of state, hold them responsible for what they did.

I don't think is fair, but uh uh but if there's any changes to this uh ordinance, then I'm willing to support it.

But um holding the owners of the property liable, just have a hard time with that.

That's it.

Thank you.

Okay, um I have um uh I want to violate my own rule here.

Um just a quick question.

Um, do we have a an ordinance that fireworks are illegal?

I think I see the signs all over the place when I come into uh the canyons from San Ramon and Dublin.

Just under the the health and safety code, that's what we have to uh enforce fireworks violations.

So uh under 1267, that's the general uh health and safety code, that makes the dangerous fireworks like the aerial fireworks uh illegal, yes.

So we have a fireworks code in place today.

Right?

Yes, but not a social host code.

I understand.

But what I said was do we have an in can you give somebody a ticket if they're lighting uh Roman candles and and yes, bottle watching?

They could potentially even go to jail, but typically we issue them a criminal citation, they have to go to court in 30 days, and then we confiscate their fireworks.

Okay, so we have in play right now.

Yes, that's what we've been uh doing for the last several years.

Okay.

Um it says in here some language that I'm real concerned about.

But first off, the property owner um is holding them completely responsible when they're not at the scene and not knowing their as a council member said that they have it in their agreement that you won't be doing anything like this, and then also when I look in here and it says, um, if you're in possession of safe and sane, so you go to Dublin, which I think sells them still, you pick them up in Dublin, and you have them in your car, and you're gonna go back to Dublin that night or the next day when it's the fourth of July, because they start selling them a week ahead of time, and they may be out of them, so you want to get them ahead of time.

So you go back there, you but you have them in your car, you get pulled over.

Are you says possession?

Are you in trouble?

You potentially can be, yes.

Yes, he can.

And that's safe insane.

For safe insane, if you're an unincorporated Alameda County with this ordinance in place, yes.

Yeah.

Okay.

So I'm just trying to figure out because it's pretty clear in that.

Um I just think that's a bit overreaching when I read this thing.

Um when we have an ordinance in place right now.

Um, you know, if anything, the what the county could do is go back to putting on a fireworks show at some of these uh locations.

I so the I won't disagree with you, but that's but that's that's totally up to other people above and beyond what we do.

That would be well, I hope this is recorded and they listen to it, you know.

But at the end of the day, um, I know the Alameda County Fair this year, 250 anniversary, is putting on a fourth of July fireworks show.

And you would think if they're gonna ask people that like to celebrate the 4th of July to give up their fireworks and things like that, even if it's safe and sane, or going anywhere to do it, that they would step up and say we're gonna have a fireworks show in four different locations of the county for the folks to enjoy instead of maybe painting a mural on a fire station, you know, something that everybody in the county would enjoy.

It just it just is disproportionate, I think.

Although I am not for in any way, shape, or form.

I live on a ranch, I live on a farm, I have horses, fireworks raise booms, race hell with the horses.

They scare the hell out of me because of potential fire.

But I I don't I'm not that scared to where I'm when I impose some of these rules on property owners that may not be involved, nor am I willing to um uh go out to the safe insane folks that um may be in possession of something like this.

So I am not supportive of this, and um I would look for a motion from the board here because it is an action item of what we want to do with it.

So um excuse me, Chair.

If I may, it appears to me that we have two options on our motion.

One is just to reject it and not recommend it to be forwarded.

Well, I'm looking for a motion to move forward.

Um just give me 30 more seconds.

If you want to mend the motion, that's fine.

But let's just it's beyond the time.

Yeah, I understand that, Chuck.

And and our next alternative is to forward this to the board of supervisors subject to a limiting factor.

Um I'm happy with whatever the board wants to do.

I'm gonna make a motion um that we uh uh uh recommend approval of this firework uh ordinance uh to the board of supervisors, subject to the fact that all fines and penalties are assessed against the legal occupant of the property, whether that occupant is a renter or an owner, but not against the owner simply by virtue of ownership.

That's my motion.

We have a motion I'll second it for discussion.

Any discussion roll call council member DeVini?

Aye, council member feebig no council member Thomas.

Can we do discussion or we have to vote right now?

That's for discussion.

Um council member Davis.

Aye, Chair Moore.

No motion fails.

Okay.

Um next item on the agenda.

Thank you.

Next item on the agenda is uh the uh chair's report, and I have nothing to report.

Anybody any council members staff comments?

None for me.

Meeting adjourned.

Thank you.