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Minutes - San Leandro City Council Meeting - January 11, 1993 Page - 2 - <br /> NEW BUSINESS (continued) <br /> Mr. Oliver said, on September 8, 1992, the City Council directed staff <br /> to meet with the Dunsmuir Alliance and the developer, Hayward Exchange, <br /> to try to achieve mitigations requested by the City of San Leandro. <br /> Subsequent to that, the City Council held a Public Hearing on the <br /> project and directed staff to file an Appeal , which was done on <br /> September 25, 1992. He said, during that time, staff and the Mayor met <br /> with the Hayward Exchange and expressed those items that were concerns <br /> regarding impacts upon San Leandro from the project. <br /> He said, incorporated in those concerns, and presented to the Oakland <br /> Planning Commission by San Leandro staff, have been areas regarding <br /> traffic and transportation, the feasibility of the proposed I-580 <br /> interchange, I-580/Grand Avenue impacts, MacArthur/Superior <br /> intersection impacts, the City' s desire to obtain DFSI based on the <br /> number of units and impact of traffic on San Leandro, the need for <br /> improvements at the MacArthur/Superior/Foothill intersection, the <br /> adequacy of the Fortuna Avenue storm drain, park in-lieu fees, a <br /> request that the Police and Fire Departments be formally consulted <br /> regarding the impacts on San Leandro, if Oakland approves the project <br /> that access be obtained by more than one means, and that roadways <br /> constructed for the project not be visible from San Leandro. <br /> He said the Oakland Planning Commission approved the project without a <br /> substantial number of these conditions. San Leandro filed an Appeal <br /> with Oakland. He reiterated the 11 conditions and described those <br /> which Oakland is willing to include in the Conditions of Approval and <br /> those which it is not willing to include. <br /> Steve Meyers, City Attorney, said the question before the City Council <br /> is whether or not the Council should exercise its option to enter into <br /> an MOU with Hayward Exchange. He said the MOU reflects negotiations <br /> taken by staff and obtains various mitigation measures not currently <br /> included in the Conditions of Approval for the Dunsmuir Heights <br /> project. He said, after the MOU was prepared last week, the developer <br /> asked for two changes, which are contained in the First Amendment to <br /> the Memorandum of Understanding. He said the City Council may approve <br /> the MOU and Amendment by motion or it may approve just the MOU. He <br /> said the issue is whether or not to approve the agreement with the <br /> developer. He said the agreement reflects the type of language <br /> normally required of developers building projects in San Leandro and <br /> provides for security for the funds to be provided. <br /> He said, in exchange for approval of the MOU, the City would relinquish <br /> its right to sue the developer and the City of Oakland if the Oakland <br /> City Council approves the project. He said the MOU also provides that <br /> San Leandro will withdraw its Appeal . <br /> Council Member Perry asked if saying, "will not challenge the <br /> approval , " means the project as it stands as of today, or if it incudes <br /> all subsequent projects known as Dunsmuir Heights. <br />