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ORDINANCE NO. 2016-11 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT <br />BEACH, CALIFORNIA, AMENDING THE STAKEHOLDER BUSINESS <br />STRUCTURE AND ANNUAL ASSESSMENTS LEVIED FOR THE <br />NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS <br />IMPROVEMENT DISTRICT <br />WHEREAS, on November 13, 1995, the City Council of the City of Newport <br />Beach ("City Council") adopted Ordinance No. 1995-55 establishing the Newport Beach <br />Restaurant Association Business Improvement District ("NBRA BID") pursuant to the <br />Parking and Business Improvement Area Law of 1989, California Streets and Highways <br />Code Section 36500 et seq. (1989 Law"); <br />WHEREAS, on November 24, 2009, the City Council adopted Ordinance <br />No. 2009-26 that amended the NBRA BID's annual benefit assessment levy; <br />WHEREAS, in past years, the NBRA BID referred to businesses within the <br />NBRA BID as "members" or "member businesses," the NBRA BID Advisory Board of <br />Directors thinks it is appropriate to use the term "stakeholder businesses" or <br />"stakeholders" going forward to refer to businesses located within the NBRA BID; <br />WHEREAS, the 1989 Law allows the City Council to amend the benefit <br />assessment levied on stakeholder businesses within the NBRA BID; <br />WHEREAS, the NBRA BID Advisory Board of Directors has requested that the <br />City Council amend the stakeholder business structure and assessments levied on its <br />stakeholder businesses; <br />WHEREAS, on June 28, 2016, the City Council adopted Resolution No. 2016-81 <br />declaring its intention to amend the stakeholder structure to include the following <br />businesses within the NBRA BID: any food -service business within the boundaries of <br />the city of Newport Beach, such as restaurants, markets with dine -in or take-out food <br />service, bars serving food, dessert shops, coffee shops, juice bars, catering companies <br />or similar type of food related business; <br />WHEREAS, on June 28, 2016, the City Council adopted Resolution No. 2016-81, <br />further declaring its intention to amend the NBRA BID's annual benefit assessments as <br />described herein; <br />WHEREAS, the City Council held a public meeting regarding the proposed <br />amendment of the stakeholder structure and the annual benefit assessment levy on <br />July 12, 2016, where the City Council solicited testimony from the public and members <br />of the NBRA BID; and <br />WHEREAS, the City Council has scheduled a public hearing on August 9, 2016, <br />where members of the public and the NBRA BID are invited to give testimony and <br />submit written protests regarding the proposed amendment of the stakeholder structure <br />and the annual benefit assessment levy; and <br />