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Minutes - San Leandro City Council Meeting - January 11 , 1993 Page - 4 - NEW BUSINESS (continued) Mr. Meyers said it's Oakland's time limit on the Subdivision Map. This clarifies that, if the project is approved but the developer does not go forward, he does not have to pay the amount set forth in the agreement. If there is no project, there is no agreement because there are no impacts to mitigate. Council Member Corbett asked if anyone was present from the Hayward Exchange to answer questions regarding possible changes to the agreement. She said she called their office and said she might have some questions. She noted there was no one present at the Council meeting. She said she was concerned about the interpretation of material change related to environmental impact. She noted page 4 of the agreement, regarding the number of approved units, appears to say that the agreement might stand, even if there was a change in the number of units. She said she is not comfortable unless she knows what amount of change in the number of units would be a substantial change. Mr. Meyers said, because the project has not yet been approved by the City of Oakland, there is a definition problem. He said the reason there is flexibility regarding the number of units is because the number may decrease or increase, so he wanted to ensure that the dollar figure reflects the number of units multiplied by the DFSI figure. If, under CEQA, there is a material change that requires an analysis of new environmental impacts, he interprets that as a material change which would effectively void the MOU. He said he cannot define precisely how many units change that would be; it would be determined by environmental impacts associated with any changes in the project. Council Member Corbett asked if there was any discussion with Hayward Exchange as to whether they would still consider these mitigations after Oakland acts on the project. Mr. Meyers said there was no such discussion. Council Member Corbett said, regarding the mitigation numbers on page 4, she was concerned that there are specific dollar amounts per unit, yet elsewhere in the agreement it says dollars will not be paid out until permits are approved on a unit-by-unit basis. She said she was concerned that DFSI costs may increase over time and asked if the City is bound to these numbers or if a higher DFSI cost could be realized over time. Mr. Meyers said this agreement is based upon current DFSI figures. He said if the Council accepts this agreement, it is based upon the amounts in the agreement and cannot be increased. Council Member Corbett said the DFSI Ordinance states that, typically, what the City requests is one-third of the cost of the improvement. She asked how the numbers in the agreement were calculated and whether they reflect one-third of the cost?