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LAW OFFICES OF <br />A. ALAN BERGER <br />95 South Market Street <br />Suite 545 <br />San Jose, CA 95113 <br />Telephone: 408-536-0500 <br />Facsimile: 408-536-0504 <br />EXHIBIT A TO THE APPLICATION FOR APPEAL TO THE CITY COUNCIL <br />I. Facts of the Case. <br />The appellant and applicant is the Heron Bay Homeowners Association (hereinafter <br />referred to as "Heron Bay" or "the Association" or "the HOA"). This appeal is from a <br />decision of the Planning Commission for the City of San Leandro, rendered on June 19, <br />2014, denying Heron Bay's application to install security gates in three locations on land <br />owned by Heron Bay. The appellant argues and submits that the Planning Commission <br />was in error in denying this application pursuant to the statutes, guidelines and general <br />plan for the City of San Leandro. <br />In summary, Heron Bay proposes to install a controlled access gate system at no cost to <br />the City of San Leandro at the entrance to the community, which community is <br />comprised of 629 homes. The reason for the application and the need for the controlled <br />access gates is based upon an increase in violent crime within the Heron Bay complex <br />within the past several years and, more particularly, within the past several months. <br />During that time period, there have been a homicide, two strong-armed robberies, home <br />invasions with the residents present and several other crimes with personal injury to <br />members of the community. These violent and disturbing crimes have been committed <br />by persons who have entered the private streets of Heron Bay obviously looking for <br />crimes of opportunity. These criminals have been observed to roam the streets of Heron <br />Bay looking for an opportunity to commit crimes (purse snatching, car break-ins, etc.) <br />and have struck when they see an individual typically alone and without defenses. There <br />have also been numerous crimes committed during the past two years involving property <br />that presumably have also been perpetrated by persons coming to the complex from other <br />parts of the city or cities near San Leandro. We will consider these heinous crimes in <br />more detail elsewhere in this appeal. <br />The residents of Heron Bay are understandably concerned that they, presumably because <br />Heron Bay represents a higher income area that other sections of San Leandro, have <br />become targets for violent criminals. Also Heron Bay is an isolated section of the City <br />abutting no other similar neighborhoods or businesses. While the police response has <br />been acceptable after the incidents are reported, the fact that the police respond in a <br />timely fashion offers the residents no comfort and feeling of safety. The fact of the <br />matter is that the residents feel that they must take pro -active steps to protect themselves <br />from the commission of the crimes that will be committed rather than wait for police <br />action after the fact. The residents will not and should not feel safe until they have added <br />