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Cynthia Yonning <br />June 12, 2014 <br />Page 2 <br />It appears that the gate design as currently proposed to the City would adversely impact the <br />existing required public access across the HOA's property, which provides access to the tidal <br />marshes and trail systems west of Heron Bay on the City of San Leandro's property. As such, <br />staff believes it would be difficult to approve the project as currently proposed. If you would <br />like to schedule an appointment to discuss the proposed gates with staff, please feel free to <br />contact our Permit Chief, Bob Batha at bobb@bcdc.ca.gov or at (415) 352-3612. <br />In my email to you, dated June 4, 2014, I asked for confirmation that you had notified the <br />HOA's Board of the Directors that (1) the HOA is a successor to the permit, and (2) the legal <br />instrument to guarantee the public access (see Special Condition II.F.2), which has never been <br />submitted to BCDC must now be prepared and recorded. To this end, I am again providing you <br />with the form and instructions to prepare the legal instrument, which are also available on our <br />web site (http:/ /www.bcdc.ca.gov). The email also established a voluntary period for <br />submitting the draft instrument, by November 4, 2014, and for recording an executed guarantee <br />by.March 1, 2015. If you miss either of these dates, we will commence an administrative penalty <br />clock. However, we believe this time period is generous and that the need to commence <br />enforcement is unlikely if the HOA promptly attends to this matter. We are available to answer <br />any questions you, the HOA, its counsel and/or surveyor may have. If you would like to <br />discuss the public access guarantee, feel free to call me at (415) 352-3626. <br />We request that the Board of Directors responds to this letter in writing by close of business <br />on June 20, 2014, Thank you for your attention to these matters and we look forward to working <br />with you. <br />Sincerely, <br />ANDE R. BENNETT <br />Coastal Program Analyst <br />Enc. <br />ARB/gg <br />cc: Elmer Penaranda, Planner, City of San Leandro <br />Lee Huo, Association of Bay Area Governments Bay Trail Project <br />