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Minutes - San Leandro City Council Meeting - April 6, 1992 Page - 14 - PUBLIC HEARINGS (continued) Council Member Faria asked, if the development did not occur, would the City still have some liability. Mr. Jermanis said yes, if no assessment district occurred, the City would be required to pay from $640,000 to $1,000,000 for wetlands habitat enhancement. He said at the present time it is unknown what the City's share of the assessment district would be. Council Member Santos said he hoped for comprehensive figures for all parcels in the development, including moving the dredge spoils. He said he feels the liability figures to the City are in the range of $4- 7 million. He asked, without the project, would the City have to pay for everything? Mr. Jermanis said that would be the case. Council Member Santos noted that restoration of the habitat, moving the dredge spoils, etc. , are all mandated by the State and the City would be mandated to remove dredge spoils after each dredging. Council Member Faria discussed the amount of levy to be imposed upon the developer and referred to page 85 of the Public Hearing packet, which limited it to $1,000,000 capital assessment and $100,000 annual maintenance assessment. Council Member Perry said she would like to receive an outline of what the assessment district costs would be. Mr. Emslie then introduced each of the subject experts working on behalf of the City and each of them made a presentation. George Kurilko, LSA Associates, said his firm prepared the EIR. He said the firm has prepared EIR's under CEQA for about 19 years. He said the Draft EIR was prepared and a 45-day public review period was provided. He said the EIR consisted of one main document plus another document with 11 or 12 technical reports. He said the Final EIR results from the public comment process and the Response to Comments document is prepared responding to every comment, letter, minutes, etc. He said the Draft EIR and the Response to Comments constitute the Final EIR. He said there were 450 comments, which is about the most he has seen on a residential EIR. He said the EIR basically said a number of environmental impacts were identified and mitigation programs to reduce the level of the impacts were also identified. He said the level and impact cannot be reduced to insignificance in every case; therefore, the City Council was asked to consider the Planning Commission's Findings of Overriding Consideration. In response to a question from Mayor Karp, he said there had been a one-week extension of the 45-day public comment period. In response to a question from Council Member Faria, he said that, although CEQA did not require that comments received after the deadline be responded to, attempts have been made to respond to those comments.