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ORDINANCE NO. 2009-26 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />OF NEWPORT BEACH CLARIFYING MEMBERSHIP AND <br />ESTABLISHING A NEW ANNUAL BENEFIT <br />ASSESSMENT LEVY COMMENCING JANUARY 1, 2010 <br />FOR THE RESTAURANT ASSOCIATION BUSINESS <br />IMPROVEMENT DISTRICT <br />WHEREAS, on September 22, 2009 the Restaurant Association Business <br />Improvement District requested that the City Council consider increasing their annual <br />benefit assessment levy; and <br />WHEREAS, the City Council on September 22, 2009 adopted and ordered to be <br />published a Resolution of Intention clarifying membership and declaring their intention <br />to set a new benefit assessment levy for the Restaurant Association Business <br />Improvement District effective January 1, 2010; and <br />WHEREAS, the Resolution of Intention was mailed to all members of the <br />Restaurant Association Business Improvement District on September 24, 2009 and <br />published in the Daily Pilot on September 26, 2009; and <br />WHEREAS, the City Council held a public meeting regarding the membership <br />clarification and the proposed benefit assessment levy on October 13, 2009 where the <br />City Council solicited testimony from the public and members of the Restaurant <br />Association Business Improvement District; and <br />WHEREAS, the City Council held a public hearing on November 10, 2009 where <br />members of the public and the Restaurant Association Business Improvement District <br />were invited to give testimony and submit written protests regarding the membership <br />clarification and proposed benefit assessment; and <br />WHEREAS, there was no written majority protest under California Streets and <br />Highways Code Section 36525 that would prevent the City Council from adopting this <br />ordinance. <br />L.. <br />