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that access gates will have a tendency to reduce crime rates. Another resident stated that <br />he has a cousin who will no longer come to visit. <br />The testimony was simply overwhelming in favor of the approval of the gates. Exactly <br />three individuals stated that they did not want the gates. One was from Washington <br />Manor who stated that he had just moved in and was upset that he could not park within <br />the Heron Bay property. We would note that residents of Washington Manor would not <br />be allowed to park in Heron Bay regardless of whether or not there were gates. <br />The above testimony clearly places the Heron Bay application within the exceptions of <br />the Section 2.10 mandate. The section refers to "unless there are overriding public safety <br />considerations". There clearly are overriding public safety considerations demonstrated <br />that would mandate that the City Council approve the Heron Bay application. It is hard <br />to imagine that this City Council would find that a homicide, that having a resident's face <br />smashed into a car, that a resident being surprised by a burglar and the myriad of other <br />crimes noted within Heron Bay in the past two years would not constitute an "overriding <br />public safety consideration." <br />It is interesting to note that City Staff had a police lieutenant present at the Commission <br />hearing. He tried to explain the reported crime statistics for District 4. While his <br />testimony was generally not on point and inconsistent, it is the HOA's position that City <br />Staff's attempt to submit crime data for District 4 is not relevant to the considerations at <br />hand. The question, if it is relevant at all, would be is there an increase in violent crime <br />within Heron Bay as opposed to other areas of the City. It is interesting that the <br />lieutenant was not asked whether or not in his opinion the presence of gates would reduce <br />crime in the area. We believe that this is certainly true but even this fact is not <br />representative of the standard established in the General Plan, Section 2.10. That section <br />says nothing about having to prove that crime is higher in the district in which the <br />applicant's property is located as compared to other parts of the city. There is no such <br />standard stated. The Staff has simply raised this as an issue in an inexplicable effort to <br />block this application. The legal standard as established by the relevant section is only is <br />there an overriding public safety concern. Taking into consideration the crime statistics <br />presented, the testimony of 17 passionate residents, the unchallengeable proof of major <br />crime being committed by persons cruising the private streets in automobiles, this City <br />Council cannot conclude that there are not public safety considerations that would justify, <br />if not mandate, that the permit be granted. The City Council's stated purpose is to protect <br />the interests of the residents of San Leandro. The Heron Bay residents by a 78% <br />affirmative vote have asked the City to allow them to protect themselves. To deny this <br />application would be to commit reversible error. <br />III. The Presence of the Access Gates Would Eliminate Legally Mandated Public <br />Access. <br />This proposition presented by City Staff and accepted by the Commission is without legal <br />support and must he disregarded. The HOA freely admits that access to the bay <br />marshlands and the trails is of great importance to the City and to the surrounding <br />