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3 <br />public parking on the street and they have never suggested or mandated otherwise. We <br />surmise that BCDC’s current agreement with the City, which calls for the City to install <br />5-6 parking spaces in the roundabout, is the result of BCDC’s and the City’s recognition <br />that there currently exists no parking for the public, which is readily accessible to the <br />trails. <br /> <br />We ask the Council to also be aware that as of the present time, there is no public <br />vehicle access to the bay trails as there is no parking on Bayfront. At no time has BCDC <br />maintained or contended that the public has the right to park on Bayfront. However, as <br />part of the HOA’s application to BCDC we have discussed the installation of several <br />parking places on Bayfront to be used by the public during the hours the bay trails are <br />open. The residents of Heron Bay will not be allowed to use those designated parking <br />spaces during the hours they are reserved for the public visiting the trails. If finalized this <br />will represent a tremendous benefit to BCDC, the City and the public in general. Part of <br />the discussions with BCDC on the role of the attendant at the kiosk involve the attendant <br />directing those persons who intend to visit the trails to the available parking on Bayfront. <br />If the attendant cannot stop non-resident vehicles at the kiosk, then those visitors cannot <br />be advised of the available parking on Bayfront and they will not be given the <br />information regarding the trails, which is anticipated will be handed out by the attendant <br />during the brief stop. Virtually every national and state park and many county parks (for <br />example, Santa Clara County) have kiosks and attendants stopping, greeting visitors and <br />handing out useful park information. The Planning Commission’s thought that the stop at <br />the kiosk is a denial of public access is simply without merit, factually and legally. It is <br />particularly aggravating that the Commission even went so far as to deny the ability of <br />the kiosk attendant to stop non-resident vehicles during the night hours when the bay <br />trails are closed to the public. What would possibly be the City or BCDC’s interest in <br />denying stops to non-residents on private property when public access to the trails is not <br />even possible. Heron Bay contends that to prevent stops 24/7 is beyond logic and <br />constitutes an abuse of discretion as the restriction is without legal or logical justification. <br /> <br /> While Mr. Tepper has ably outlined the history and the current state of the <br />easements called out on the approved tract map for the project, we would offer the <br />following additional comments. At least one member of the Planning Commission has <br />repeatedly offered comments as to what she thought was the original intention of the City <br />and BCDC when the project was first approved. She claims that the parties discussed the <br />concept of parking in an area that we believe is now part of the trail. Notwithstanding the <br />fact that her recollection of what she was told was the intent of the parties and the fact <br />that this would be hearsay in a Court of Law, those “original intentions” are not relevant <br />to the present discussion. What is important is what easements are shown on the Tract <br />Map as approved by all jurisdictions with an interest in the development at the time the <br />maps were approved. These easements, and only these easements, are enforceable as <br />legally binding. <br /> <br /> Tract map 6810 dated July 1996 is the map under which this project was <br />constructed. The language on the map and the description of the easements, which was