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