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September 27, 2016 <br />Agenda Item No. 15 <br />TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL <br />FROM: David A. Webb, Public Works Director - 949-644-3311, <br />dawebb@newportbeachca.gov <br />PREPARED BY: Michael J. Sinacori, Assistant City Engineer, <br />msinaeori@newportbeachca.gov <br />PHONE: 949-644-3342 <br />TITLE: Public Hearing on Proposed Assessment District No. 114 and 1,14b <br />— Area Bounded by Riverside Avenue, 15th Street, Irvine Avenue & <br />Cliff Drive <br />ABSTRACT: <br />Property owners within the Newport Heights area submitted Petitions requesting <br />formation of Assessment District Numbers 114 and 114b. City Council accepted <br />certification of the Petitions on May 24, 2016. On August 9, 2016, City Council <br />approved the Assessment Engineer's Report, declared its intention to levy assessment <br />and to issue bonds to finance the undergrounding upon a majority formation vote by the <br />property owners, and set September 27, 2016 as the time and place of a public hearing <br />for Assessment District No. 114 and 114b. Ballots were mailed to each property owner <br />and Council is requested to hold the public hearing, tabulate ballots and determine if the <br />property owners support or oppose forming Assessment District No. 114 and 114b. <br />RECOMMENDATION: <br />a) The City Council found this project to be exempt from the California Environmental <br />Quality Act (CEQA) pursuant to Section 15302, item "d" of the CEQA Guidelines <br />on August 9, 2016. <br />b) Open public hearing on the formation of Assessment District No. 114 and 114b; <br />c) Hear public testimony from those who desire to speak; <br />d) Close the public hearing; <br />e) Tabulate ballots; and <br />f-1) If greater than 50% of weighted "Yes" votes versus "No" votes are submitted for <br />both Area 114 and Area 114b separately, a majority protest does not exist and <br />Assessment District No. 114 and 114b may be formed. If it is desired to form this <br />district, take the following actions: <br />15-1 <br />