HROA SECURITY BULLETIN

HROA SECURITY BULLETIN

Date: April 2010

● Dial 911 for all Emergencies ●

Contact the Sheriff Dispatcher @ 805-781-4550 when you want a law enforcement response to an incident (other than traffic).

Contact the CHP Dispatcher @ 805-593-3333 when you want a law enforcement response to a traffic incident.

THEN REMEMBER TO ALWAYS CALL

HROA Security @ 805-227-6560

Although there are a lot of great tenants who choose to call Heritage Ranch home, on a monthly basis, HROA receives a disproportional amount of complaints and citations against tenant-occupied properties, or about tenant-related behavior. For example, of the nine (9) complaints that follow, six (6) involved tenants; and of the forty-five (45) citation infractions that follow, ten (10) involved tenants. HROA has seen its tenant population nearly double in the last couple of years to approximately 10%. The HROA Board of Directors has taken measures to have the owners become more active participants in their tenant’s discipline. Many of the tenants who receive citations claim that they are unaware of HROA’s rules, which are required to be provided to them from the owner or the owner’s agents. (See #15 below under “Summary of action taken at Board Meeting(s) for March 2010” which will take effect beginning July 1, 2010.)

1- One (1) complaint from a Food Bank organizer related to storage of items in the Recreation Barn for the Food Bank program.

Action: The General Manager spoke with the complaining party. This matter appears to have been a misunderstanding.

2- One (1) complaint regarding a generator running for hours at a time on a daily basis, which was apparently being used to provide electricity to the home. (At least one other complaint had been received on this same issue.)

Action: The Investigating Officer interviewed the purported violator and several of the neighbors. A warning was issued related to Disturbing the Peace.

3- One (1) complaint regarding a neighbor’s dogs barking incessantly, on a reoccurring basis, when no one is home.

Action: The Investigating Officer made numerous patrols in the area during various times of day and night. No barking dogs were heard. The Investigating Officer then notified the proposed violator that there had been a complaint. They stated they had bark collars on the dogs to try to keep them from barking. The property will continue to be monitored.

4- One (1) complaint regarding the picnic area at the Point at the Main Marina being a hang-out for individuals, who allow their dogs to roam free around the Point, and that members are fearful to use the Point for their own enjoyment because of the general behavior of those who regularly assemble at the picnic area. (Numerous complaints, written and verbal, on dogs running loose at the Point have been received in the past.)

Action: A memo regarding dog enforcement was re-issued to all Security personnel. A Security Officer was assigned to communicate verbally with the proposed violators that dog enforcement will be stepped up in the area in order to gain compliance.

5- Several complaints (written and verbal) were received regarding a storage trailer belonging to the US Government being located in the center of Brook Lane.

Action: The Investigating Officer has attempted to get the storage container removed without cooperation; and has issued a citation(s) accordingly.

6- One (1) complaint regarding a neighbor’s pit bull purportedly terrorizing the neighborhood. (This is a second complaint regarding the same dog which was suspected of being linked to an incident where another neighbor’s two (2) goats were killed.) The current complaint relates to the dog purportedly attempting to attack the complaining party’s horse.

Action: The Investigating Officer interviewed both parties and documented the reported incident. The owner of the dog agreed to keep his dog confined to his property. This issue will continue to be monitored.

7- One (1) complaint regarding a new backyard fence being erected and appearing to encroach into the common area. Also, dumping of debris in the common area was reported to have occurred.

Action: Code Enforcement has issued a warning to the owner indicating that they need to submit their project to the AEC Committee.

8- One (1) complaint of abuse of a puppy. Animal Control was contacted by the complaining party.

Action: Animal Control responded. The Investigating Officer has no citation authority, but the matter was documented for the record.

Action: Code Enforcement has issued a warning to the owner to clean up their front yard.

In March 2010, the Board of Directors held their regularly scheduled monthly Board Meeting on March 12^th and a special meeting on March 26^th for the purpose of conducting the annual review of the General Manager. The following appeals / security related issues were discussed or acted on (by agenda item):

2. Property Owner Appeal – Ramos, Citation #9791, $300.00 Aiding Illegal Entry and Vehicle Not in System (5:30 p.m.) SEQ CHAPTER \h \r 1 Action: Tabled to next meeting to hear with another citation

3. Property Owner – Lopez, Protesting Due Process used at Violation Hearing for a September 2009 citation and/or Suspension of Membership Privileges (5:45 p.m.) Action: Approved to go back to the Violation Hearing and have the citation re-heard together with a warning that was received

SEQ CHAPTER \h \r 110. Approve/Disapprove to adopt the following new rule: Adults Furnishing Alcohol to Minors. Adults may not furnish a minor (under age twenty-one (21)) an alcoholic beverage on Ranch property, $100.00 fine Motion by Prunk, second by Martin to approve, unanimous approval

11. Approve/Disapprove to adopt the following new rule to be added to Disturbing the Peace: Any conduct, including playing loud music, operating loud motorized vehicles, boisterous or unruly behavior, refusing to turn-off profane music after being warned by HROA Security, or the use of profane, offensive, or threatening language or gestures, including conduct which occurs on privately owned property but can be seen or heard on other RANCH property, is considered disturbing the peace and is prohibited, $100.00 fine Note: The final Board-approved motion for this item was thought to have been “profane music”, but it appears to have been intended to have been “loud noise”. The postcard mailed to all members went out as “profane music”.

If “loud noise” is the preferred proposed change the following is provided for consideration to be added as a new paragraph to the existing Disturbing the Peace rule --

Loud Noise may constitute Disturbing the Peace if a person makes, continues, or causes to be made or continued any excessively loud, unnecessary or unusual noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any reasonable person of normal sensitiveness. If a complaint is received by HROA Security, all of the following will be taken into considered to determine if a violation is occurring: the audible volume of the noise; the intensity; whether the nature of the noise is usual or unusual; whether the origin of the noise is natural or unnatural; the proximity of the noise to other residents; the duration of the noise; whether the noise is recurrent, intermittent or constant; and/or whether the noise is commercial in nature.

Also Note: there is an existing rule for Noise Curfew which reads: No loud noise or amplified music on the RANCH is permitted between the hours of 10:00 p.m. and 6:00 a.m.

Motion by Roach, second by Prunk to disapprove, with the understanding the paragraph presented on loud noise will be added with a modification to the first paragraph, unanimous approval

12. Approve/Disapprove to adopt the following new rule: No double parking allowed on any road (parking adjacent to another vehicle), $50.00 fine Motion by Roach, second by Prunk to approve, unanimous approval

13. Approve/Disapprove to modify rule 5.03.02 as follows: Courtesy Dock. All watercraft must be attended to while using the courtesy dock. No fishing, jumping, diving, swimming, loitering or bicycling on or around the courtesy dock is allowed at any time Motion by Roach, second by Martin to approve, unanimous approval

14. Approve/Disapprove to modify rule 5.03.04 as follows: Launch Ramp. The launch ramp is for launching and retrieving of vessels only. No parking at any time is allowed on the launch ramp. No swimming in the launch area is allowed. Any individual who does not have a current VESSEL DECAL must pay a fee at the Main GATEHOUSE to use the launch ramp Motion by Martin, second by Prunk to disapprove, unanimous approval

15. Approve/Disapprove to change the format for issuing citations as follows: The letter to be issued to the owner and copied to the tenant. The owner is to appear, or waive their right to appear by allowing the tenant to appear on their behalf. The owner is required to provide notice in writing to the HROA if the tenant is to appear on the owner’s behalf Motion by Roach, second by Martin to approve

Motion amended by Roach and Martin without objection to allow a tenant to appear at both the Violation Hearing and Appeal on the same written confirmation from the Owner, but require the Owner to appear (with the tenant) on appeal for any citation(s) being challenged which cumulatively are $500.00 or more, unanimous approval

16. Approve/Disapprove to specify how the New Home Construction Compliance Deposit forfeiture will be calculated: 3 months late = lose $500.00, 6 months late = lose $1,000.00 ($500.00 + $500.00), 9 months late = lose $1,750.00 ($500.00 + $500.00 + $750.00), after that lose the entire deposit Note: The above computation does not include any time during which an authorized extension was granted by the HROA AEC Committee or HROA Board.

Without objection, table this item for staff to present a policy recommendation

17. Property Owner Dispute – Boyer, Lot 128/1910, $2,500.00 Compliance Deposit Forfeiture Note: The property owner waived their rights to a private hearing, requesting this dispute be heard in Open Session

18. Approve/Disapprove to issue a ballot in with the Annual August 2010 Election for Tract 693 to 1) increase the maximum fence height allowed to six (6) feet; and 2) allow a three (3) foot fence in the front setback The sponsor for this is Dan Prunk, Lot 2/693.

It is proposed that a filing correction be done at the same time to correctly incorporate the amendments under Document 6790 and 43204.

You can find the agenda and minutes for all meetings by clicking on the CALENDAR found on the front page of the HROA website at www.hroa.us

HROA Security continues to assist law enforcement with seventy six (76) law enforcement related incidents reported in March 2010. These included: 27 disturbing the peace, 11 check the welfare, 17 possible prowlers (trespass), 5 vandalisms, 1 burglary, 14 theft from vehicle/boat and 1 drunken arrest. Security also handled 30 dog and 5 cattle/sheep related calls. Nineteen (19) reported crimes required an investigation.

A fire was reported on March 9, 2010 around 1640 hours at 3101 Water View Drive. Thanks to the good samaritans who reported the fire and assisted the owner, who had to be treated for smoke inhalation, the fire was extinguished by 1745 hours by CDF Engines #30 and 33. Both Ross DiFatta and Dean Shupp are commended for their quick response and life saving assistance.

A trespass suspect was identified on a twenty (20) acre parcel. HROA Security was notified that the suspect had been trespassing on the private parcel for quite a while. HROA Security informed the trespasser of his wrong doings and documented the incident for the records.

HROA was the victim of a vandalism which occurred in Tract 1094 around the Recreation Barn. An unknown suspect drove over and damaged the curbing, knocked down a stop sign and destroyed a separate sign. HROA Security misidentified the purported guilty party based on evidence they had obtained. The actual violator is still unknown at this time.

A second vandalism/hit and run of several mailboxes occurred at the end of Bluebird Lane. Follow up investigation revealed there was no intent to vandalize the mail boxes, as the individual returned to the scene and completed the necessary repairs.

HROA Security received a call for service at the Holiday House Condominiums regarding a loud party around March 30, 2010 at 0300 hours. After a verbal warning, approximately an hour later, a person was arrested and turned over to the SLO County Sheriff’s Department and a second person was cited for minor possession of alcohol.

A purse was located on Heritage Loop Road and turned over to HROA Security, who then turned it over to the SLO County Sheriff’s Department due to its contents (contraband).

During the sheep shearing on Heritage Loop Road, a HROA member was walking her leashed golden retrieve puppy, when one of the sheep dogs knocked the member down in an attempt to get at her golden retriever puppy. The member received injuries to her wrist and head, and broke her glasses. She was treated at the hospital. The owner of the sheep dog was notified.

A wallet was either stolen or lost in the 4900 Block of Meadow Lark Lane. The last time the wallet was seen was on the dashboard of a boat parked in the driveway. The wallet is still missing as of this date. If found contact HROA Security for assistance.

HROA is experiencing a crime pattern where unlocked vehicles have been entered and items stolen. During this same period of time gas has been stolen from a boat and a parked vehicle which appears to be linked to the same suspects. The Tracts mainly affected by this crime pattern are 446 and 475. Many of the crimes reported to HROA Security on this issue have gone unreported to the SLO County Sheriff’s Department. Commander Nefores has requested that all victims report their crimes to the SLO County Sheriff’s Department. A flyer was passed out by HROA Security to each of the victims providing the contact information and requesting their cooperation.

A burglary was reported to have occurred in the 4100 block of Quarterhorse Way, which may have actually been a landlord-tenant dispute. This was turned over to the SLO County Sheriff’s Department for investigation.

HROA Security’s goal is to provide services to HROA Members that will most benefit them. If you wish to speak to me directly, you can call the Association Office at 805-238-9641 and leave me a message and I will return your call as soon as possible. Our goal is to maintain your confidentiality if you are complaining about another member. Please keep in mind that certain complaints by their nature might require your cooperation in order to process them to your complete satisfaction.

HROA Security responds to calls for service to assist the members. Security can be a witness, and on occasion, a security officer is subpoenaed to testify in court. For most vehicle accidents, HROA Security is your only resource to provide a report from an independent source. They photograph the scene of the accident and complete a written report. All documentation is then kept on file for future reference for at least two (2) years. Security has resolved numerous cases successfully, allowing the victim to recover their loses. Citations are not issued by HROA Security for accidents, but they are occasionally written for circumstances related to accidents, such as “Damage to the Common Area” or “Unsafe Driving”.