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File Number: 16-676 <br />Stopping Vehicles <br />The HOA disagrees with the Planning Commission and staff recommendations preventing the <br />attendant at the kiosk from stopping non-resident cars entering Bayfront Drive and <br />questioning non-resident visitors as to the purpose of their visit. Although their request is for <br />permission to stop non-resident cars (all resident cars will have identifying stickers or similar) <br />and to direct them to the open space area, the HOA indicated that they have no interest in or <br />plans to alter, modify or change public access to the shoreline or trail. Staff is unable to <br />support the removal or modification of the condition that prevents the attendant/security <br />personnel from stopping vehicular traffic based on the following reasons: <br />1.There should be no perceived interference with access to the Bay Trail and the City’s <br />public shoreline access. Any stoppage of a vehicle can appear to be a discouragement <br />or impediment to the use of the Bay Trail and public shoreline access. Persons <br />accessing the Bay Trail and public shoreline from a public access easement are not <br />legally required to stop and identify themselves. <br />2.There is a liability to the City and to the attendant when endorsing this procedure. To <br />stop vehicular traffic, the attendant must walk out of the kiosk and onto the street. <br />Logistically and operationally, the attendant walking on to the sidewalk or street to stop <br />vehicles would be an inappropriate and unsafe action to the attendant and would <br />functionally privatize a public access area. <br />3.Stopping traffic on Bayfront Drive would be a liability to other drivers queuing onto <br />Lewelling Boulevard. The attendant cannot stop traffic in the Lewelling Boulevard <br />circle, as it is a public right-of-way. In addition, stopping a vehicle on Bayfront Drive <br />would have a similar effect when a vehicle is stopped and additional vehicles would <br />queue and obstruct other vehicles in the Lewelling Boulevard circle. <br />4.Even without intent, the stopping of a person(s) in a vehicle could be perceived as <br />profiling of individuals. This concern was stated by one of the speakers at the Planning <br />Commission public hearing. A resident felt that the kiosk was not necessary, since the <br />stopping by the attendant of their friends or visitors coming to their home could be <br />subject to profiling. <br />The condition prohibiting the attendant from stopping vehicles would prevent the perception, <br />concerns, conflicts and liabilities to the attendant and the general public. As it is stated in the <br />applicant’s supporting statement, the monitoring program is to provide an effective pair of <br />eyes observing motor vehicles. It was inferred by the City at the time of application that the <br />attendant would only use the kiosk as an office and to observe but not interact with vehicles. <br />The recommended conditions of approval do not prohibit the use of the kiosk as a visitor’s <br />center where guests can obtain information such as asking the attendant questions about <br />access, directions, parking, etc. <br />Signage <br />The HOA disagrees with the Planning Commission and staff recommendation to place public <br />access signage on the kiosk. However, the City of San Leandro’s Administrative Code <br />provides rules and regulations for park operating procedures (see attached). Section 7.1.305 <br />(f) provides that signs stating the closing hours and exceptions thereto shall be conspicuously <br />posted at all entrances to the San Leandro Shoreline Recreation Area. Thus, it is in the City’s <br />Page 6 City of San Leandro Printed on 12/13/2016