4A Public Hearing 2014 0902 - Laserfiche WebLink

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Unapproved Excerpts from the Planning Commission Regular Meeting Minutes .Tune 19, 2014 Page 4 of 7 is a separate approval process, the BCDC would be unable to accept an application to amend the BCDC public access permit. Mr. Tepper pointed out the Planning Commission's approval of a gate for the Floresta Gardens HOA in May 2014 for overriding public safety set a precedent. He also added that the security camera option was not a deterrent to crime as cameras capture the crime after the fact. Therefore, the HOA decided to skip the "passive" camera option and go directly with security gates. He commented that gates will discourage and impede perpetrators, who will then need to go elsewhere. The general public who use the trail is also susceptible to crime and would therefore benefit from the gate as well. He also refuted each of the six recommended findings of fact in the staff report for denial of the HOA's application. Commissioner Rennie commented that even without a specific reference to public vehicular access, the tract map would not have identified Bayfront Drive as a PAE, as well as the sidewalk, if it intended to exclude vehicles. Attorney Alan Berger, who represents the HOA, spoke on the applicant's behalf in response to Commissioner Rennie. Attorney Berger noted that BCDC is charged with assuring public access to the trail, particularly pedestrian and bicyclists, but BCDC does not require vehicular access. He also cited language on Tract Map 6810 stating that "private facilities [such as easements for private storm drains, private vehicle access and private pedestrian access on the tract map] shall be maintained by the HOA and such "easements are not offered for public use, and use by the public shall be permissive only." Attorney Berger emphasized that vehicular access has never been part of the PAE requirements and raised concern that the City [per Engineer Cooke's earlier response] was altering the intent of the PAE to permit vehicle access. Attorney Berger also disagreed with Commissioner Collier's recollection about intended public parking spaces not designated in the tract map. Mr. Berger introduced HOA President Fred Simon to respond to questions about recent security measures taken by the HOA in the Heron Bay neighborhood to address crime. Mr. Simon said the HOA hired a security guard and established a Neighborhood Watch group. He noted that 78 percent of Heron Bay HOA members voted last September to approve paying assessments to cover the cost of installing and operating the security gates. He then listed the recent security measures including 1) daytime guard from 9 am to 4 pm, 2) installation of security cameras, 3) working with the Police Department on a Neighborhood Watch program, and 4) email blasts among HOA residents. He emphasized that it was important for the HOA to protect Heron Bay residents, who refuse to be victims of violent crimes. Mr. Simon provided accounts of the recent homicide and recent robbery assaults. Chair Abero noted that she had helped implement Neighborhood Watch program in her neighborhood and that having block captains were important to having an effective program. Peter Hartzell, owner of Bay Cities Automatic Gates, explained how the gates would operate, and addressed questions about how effective security gates are in reducing the incidence of crime, particularly when they're used in conjunction with camera systems. He noted that he has no data measuring the effectiveness of gated communities, but he talked about how content former clients in a San Jose condominium complex are with the security gates he installed about six years ago. Chair Abero opened the public hearing after a brief recess. 1. Harry Petty, 2365 Riverside Court, supports the gates. 2. David Boles, 15611 Wicks Boulevard, opposes the gates. 3. Loanna Huynh, 15550 Harbor Way, supports the gates as she no longer feels safe in Heron Bay.