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conversation she voiced BCDC concern over pedestrian and bicycle access being limited by <br />locked gates between sunset and sunrise as is the practice in places such as Palo Alto for the <br />Baylands segment of the Bay Trail. Exhibit "A" Exploring the segment of the Bay Trail that heads <br />south from the San Leandro Marina, one finds that the Bay Trail contains signs which specify a <br />10:00 p.m. closing of the Bay Trail. Ultimately the hours of operation for the proposed <br />pedestrian gate will be subject to approval by BCDC. <br />It is interesting to note that BCDC has Public Access Design Guidelines which include reference <br />to: "Designing public access spaces that are safe and secure" [exhibit "B") <br />And, <br />"Reasonable rules and regulations may be imposed on the use of the public access areas to <br />correct particular problems that may arise such as the lack of public safety protections or <br />increased vandalism. Rules may include restricting hours of use and delineating appropriate <br />behavior" (emphasis added) <br />The HOA, through it's legal counsel, is committed to working with BCDC to develop a workable <br />solution that has a minimal impact on members of the general public using the Bay Trail <br />adjacent to the Heron Bay neighborhood. Procedurally, Ms. Bennett advised me that BCDC <br />expects the City of San Leandro to act on this application first. Once the City and the HOA have <br />reached an accord, BCDC then reviews the conditional approval as an application to amend the <br />permit which resulted in the initial easement to determine what modifications, if any, need to <br />be made to the original permit. <br />To clarify, ABAG in its web site describing the Bay Trail acknowledges that the access along <br />BayFront Drive is located on private property and that Bay Trail users accessing the trail through <br />Heron Bay should respect the private property rights (including restricted parking) of the <br />residents.[Exhibit "C"I <br />With all that being said, I am pleased to report that the HOA Board of Directors has authorized <br />me to amend the operational parameters of the proposed controlled access system to provide <br />that the pedestrian gate will remain unlocked at all times. All of the effort to find reasons to <br />deny the application on the basis of a public access easement encroachment should now be <br />behind us. See Exhibit "D". <br />City Policy Regarding Gates and Exceptions to That Policy <br />The City of San Leandro's philosophical choice to discourage the development of gated <br />communities is clear. Just as clear is the exception "Overriding Public Safety Considerations" <br />In the years since the Heron Bay Neighborhood first became a part of the City of San Leandro many <br />aspects of modern urban life have changed, some within the City of San Leandro, some outside of San <br />Leandro. <br />At the core of this issue is an undeniable increase in violent criminal activity in the Heron Bay <br />neighborhood perpetrated by trespassers. Reported crimes included are: Burglary, Auto Theft, Theft, <br />Vandalism, Strong Arm Robbery, Assault, Battery, and Homicide. The key trend is that criminals are <br />engaging in consistently more violent acts in the perpetration of their crimes. There is no denying the <br />2 <br />l Page <br />