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installation, operation, maintenance or use of such newsrack, except such Liability caused by the sole negligence or willful misconduct of the City. 5-6-715. Appeal Any applicant or newsrack operator may appeal any action, decision or determination made pursuant to the provisions of this Chapter to the City Manager or to his or her designee. Such appeal shall be made in writing and filed with the City Manager's office within ten (10) days following date of the action, decision or determination. The matter shall be scheduled to be heard by the City Manager (or his or her designee) within ten (10) days following receipt of the appeal, or on a date mutually agreeable the parties. The hearing shall be informal, but both sides may give oral and written evidence. At the conclusion of the hearing on the appeal, the City Manager (or his or her designee) shall affirm, modify, or vacate the action, decision or determination being appealed. The appellant shall be informed that the decision of the City Manager (or his or her designee) is final and subject to immediate judicial review. Section 2. If any section, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 3. This ordinance shall take effect thirty (30) days after adoption and the title thereof shall be published once prior to adoption. Section 4. Pursuant to Section 15001 of the California Environmental Quality Act (CEQA) Guidelines, the City Council declares that this ordinance is exempt from CEQA based on the following findings: (a) This ordinance is not a "project" within the meaning of Section 15061 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the ORDINANCE NO. 2005-004 14