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Mayor Mercer asked if the City does not collect, who pays. Mr. Brunsell stated that if collection is not made and the budget falls short there is al- ways the possibility of a supplementary assessment on property which can be assessed at that time. And there is a possibility that the budget is more than adequate for the work and there is not a need for that money at the end. In the long run, however, either the City pays or the other property owners pay by virtue of not getting a refund of surplus or by virtue of a supplemen- tary assessment. If the City does not make the contribution and no supplemen- tal assessment is levied the project cannot be completed. Councilmember Brandes asked how Council should proceed to get a legal determination on the BART matter. Mr. Brunsell stated that if the City levies the assessment against BART and they are billed and they refuse to pay, then would be the time for the City to ask for a judicial determination. Mr. Brunsell stated that with regard to the notice of protest from First Interstate Bank, that is another parcel for which the City has an existing agreement that was signed by the predecesor owner agreeing to the assessment. There being no further testimony, Mayor Mercer declared the public hearing closed. ~ Mayor Mercer stated that the City Council has previously certified that · ~- the Environmental Impact Report is complete and adequate. Additional Environ- ~=~ mental documents are now being prepared to address the federal government's EIS requirements. At this time the chair will entertain a motion regarding ~ CEQA compliance in accordance with Guidelines, Sections 15091 through 15093 as shown in the matterials attached to Staff Report 87:163. It was moved by Councilmember Brandes, and seconded by Councilmember Mohr, that Resolution No. 87-167, noting that City Council has previously certified that the Environmental Impact Report is complete and adequate and now making findings in compliance with Guidelines, Sections 15091 through 15093 of CEQA, as set forth in materials before Council, in connection with Assessment Dis- trict No. 1986-9, North Pleasanton Improvement District No. 3, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Butler, Mohr, Wilson, and Mayor Mercer NOES: None ABSENT: None It was moved by Councilmember Butler, and seconded by Councilmember Wil- son, that Resolution No. 87-168, overruling protests in connection with As- sessment District No. 1986-9, North Pleasanton Improvement District No. 3, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Butler, Mohr, Wilson, and Mayor Mercer NOES: None ABSENT: None It was moved by Councilmember Butler, and seconded by Councilmember Mohr, that Resolution No. 87-169, approving report and assessment and ordering im- provement in connection with Assessment District No. 1986-9, North Pleasanton Improvement District No. 3, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Butler, Mohr, Wilson, and Mayor Mercer 14 - 4-21-87