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Minutes - San Leandro City Council Meeting - January 11, 1993 Page - 6 - <br /> NEW BUSINESS (continued) <br /> Council Member Perry noted the Amendment to the Agreement says no <br /> property to be taken in fee from Estudillo Shopping Center and asked <br /> who would pick up these costs. <br /> Mr. Meyers said the City Traffic Engineer has determined that all <br /> improvements for the Estudillo/MacArthur intersection can be made <br /> within the existing City right of way, so no land needs to be acquired. <br /> Council Member Perry asked what the process is to withdraw the City's <br /> Appeal and if all the City's comments in the DEIR and EIR still stand <br /> if the Appeal is withdrawn. <br /> Mr. Meyers said the process is to send a letter to the Oakland City <br /> Clerk formally withdrawing the Appeal . He said all of San Leandro's <br /> comments on the EIR are part of the administrative record. <br /> Council Member Perry asked if a letter could be sent saying the City <br /> still has concerns with the project . <br /> Mr. Meyers said, yes. He said a number of mitigation measures are <br /> still not covered by the MOU, and the City Council has the right to say <br /> there are problems with the project. <br /> Council Member Perry asked if there is a sunset clause or time limit on <br /> the project. <br /> Mr. Meyers said, if Oakland grants the Appeal or the project does not <br /> go forward or a Tentative Map is not granted within the time limit, the <br /> MOU terminates. If there is litigation by other parties, the MOU stays <br /> in effect until the suit is resolved. <br /> Council Member Corbett said, after tonight, a letter should be sent to <br /> Oakland with the Council 's final decision. <br /> Angelo Lievore asked what was the specific reason for the City Council <br /> to request a meeting with the City of Oakland. <br /> Steve Meyers said staff was directed to meet with Oakland and the <br /> developer and try to obtain mitigation. <br /> The meeting was then opened to the public. <br /> Mayor Karp noted that Paul Merrick, representing Sheffield Village, and <br /> Susan Goodman, representing San Leandro homeowners, would each be <br /> allowed 10 minutes to speak. Each speaker thereafter would be limited <br /> to three minutes . <br />