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Minutes - San Leandro City Council Meeting - January 11, 1993 Page - 9 - <br /> NEW BUSINESS (continued) <br /> Henry Hanzel , 301 Dutton Avenue, said there are many reasons the <br /> development should not go through. He said the increase in traffic on <br /> Dutton Avenue will compromise safety. He said there are two schools <br /> there now, and no one observes the 25-mph speed limit. <br /> Vern Hesseltine, 715 Dutton Avenue, said his interest is not limited to <br /> residences on Dutton Avenue but to the entire City. He said he has <br /> followed this process and watched with dismay as the scenario unfolded. <br /> He said the MOU is clearly not in the interests of San Leandro. He <br /> said the Hayward Exchange is looking for credibility and support <br /> through this MOU. He said San Leandro does not need the MOU to handle <br /> the project, but can use legal means. He said the Hayward Exchange has <br /> steadily lost credibility and is now panicky. He said, at the Hearing, <br /> Jack Smith stood up and said he had an Agreement with San Leandro, and <br /> the issues were resolved. He said that was a lie, and there have been <br /> numerous lies. He said this Agreement is an insult, and the City <br /> Council should not sign the MOU. He said Oakland will take this as an <br /> affirmation of the project. <br /> Bob Berger, 13475 Bancroft Avenue, representing the Bancroft Area <br /> Neighborhood Association, said he recognizes the fact that San Leandro <br /> has no control over Oakland. He said, if the project is approved and <br /> built, it would be nice to have some mitigation, but the project should <br /> not be built. He said any funds received should be used for the area <br /> most impacted by traffic, and a committee should be formed of people in <br /> the area. He said there are still problems with the EIR and the <br /> effects on San Leandro. <br /> Council Member Corbett asked if Mr. Berger felt funds should be set <br /> aside. Mr. Berger said, if the City Council approved the MOU, the <br /> mitigation funds should not be placed in the General Fund but used <br /> specifically for the impacted areas. He said he is concerned with the <br /> use of 1992 dollars, and one-third is not enough. He said he did not <br /> see why mitigation fees could not be more for outsiders. <br /> Ralph Frey, 901 Glen Drive, said he made an effort to contact all the <br /> Council Members after he read the newspaper, and all but two returned <br /> his call . He said he appreciates their response and that of the City <br /> Attorney and City Manager. He said he is concerned that there is an <br /> Amendment and no one from Hayward Exchange to discuss it. He said, if <br /> Hayward Exchange thought of a better offer tomorrow, they would come <br /> back with it. He said the City should be careful regarding the matter <br /> of property in fee. He said the Agreement deals just with withdrawal <br /> of the City's Appeal and asked if Steve Meyers had said this precludes <br /> a lawsuit. <br /> Mr. Meyers said the law says the City must exhaust administrative <br /> remedies first. <br />