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LAW OFFICES OF <br />A. ALAN BERGER <br />95 South Market Street <br />Suite 545 <br />San Jose, CA 95113 <br />Telephone: 408-536-0500 <br />Facsimile: 408-536-0504 <br />June 13, 2014 <br />Ande Bennett <br />San Francisco Bay Conservation and Development Commission <br />455 Golden Gate Avenue, Suite 10600 <br />San Francisco, CA 94102 <br />VIA FACSIMILE (415=352-3606) and Overnight Mail <br />Re: Heron Bay HOA: Re: Proposed Construction of Access Gates at Bayfront Drive <br />And Required Shoreline Access from Lewelling Blvd, in the City of San Leandro <br />(BCDC Permit No. 1992.057 and Environmental File No. ER2014.015) <br />Dear Ms. Bennett; <br />This is to inform you that I am the attorney for the Heron Bay Homeowners Association. <br />The Board of Directors has asked me to respond to your letter of June 12; 2014. 1 am in <br />receipt of earlier communications that you have had with the association regarding the <br />above -proposed application. <br />I wanted to thank you for outlining in a timely fashion BCDC's current issues regarding <br />the proposed entrygate. As you are aware, the HOA is proposing the gate because of an <br />alarming increase in crime in the area including a recent homicide and a strong-armed <br />robbery (June 7, 2014). This letter is designed to address your immediate concerns with <br />the entry gate application and is not to be considered an application for a change in <br />permit status based on the increased in crime statistics in the immediate area. <br />As you know the association currently has a permit application that will be heard on June <br />19, 2014. We fear that the City of San Leandro will use BCDC's current objections to <br />deny our application. We hope by this letter to convince BCDC to modify their position <br />and allow the approval of the proposed entry gate. This is a matter of great concern to <br />the residents of Heron Bay, as they feel increasingly threatened in their own <br />neighborhood. <br />Let us first state that by this correspondence, Heron Bay Homeowners Association agrees <br />that they are the successor in interest to the permit granted to Citation Homes, the original <br />applicant. We did want to make it perfectly clear that until the HOA received your <br />earlier letter, that they had no idea that Citation had failed to prepare and file the legal <br />instrument to guarantee the public access. The association accepts this responsibility and <br />