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Resolution No. 2019-46 <br />Page 3 of 4 <br />Section 7: The time and place for a public hearing on the CdM BID renewal is <br />set for 7:00 p.m. or as soon thereafter as the matter may be heard on June 25, 2019, at <br />the Council Chambers located at 100 Civic Center Drive, Newport Beach, CA 92660. <br />Section 8: During the public hearing, the City Council shall hear and consider <br />all protests against the establishment area, or the furnishing of specified types of <br />improvements or activities within the area. Protests may be made orally or in writing, but <br />if written shall be filed with the City Clerk at or before the time fixed for the hearing and <br />contain sufficient documentation to verify business ownership and validate the particular <br />protest. If written protests are received by the owners of the businesses within the CdM <br />BID which pay fifty percent (50%) or more of the total assessments to be levied, no further <br />proceedings to renew the CdM BID shall be taken for a period of one year from the date <br />of the finding of a majority protest by the City Council. If the majority protest is only against <br />the furnishing of a specific type or types of improvements or activity or benefit within the <br />CdM BID, those types of improvements or activities or benefit zones shall be eliminated. <br />Section 9: Further information regarding the proposed CdM BID renewal may <br />be obtained at the City Manager's Office, 100 Civic Center Drive, Bay 2E, Newport Beach, <br />CA 92660; 949-644-3031. <br />Section 10: The City Clerk is directed to provide notice of the public hearing in <br />accordance with Streets and Highways Code Sections 36523 and 36541. <br />Section 11: The recitals provided in this resolution are true and correct and are <br />incorporated into the operative part of this resolution. <br />Section 12: If any section, subsection, sentence, clause or phrase of this <br />resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not <br />affect the validity or constitutionality of the remaining portions of this resolution. The City <br />Council hereby declares that it would have passed this resolution, and each section, <br />subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or <br />more sections, subsections, sentences, clauses or phrases be declared invalid or <br />unconstitutional. <br />Section 13: The City Council finds the adoption of this resolution is not subject to <br />the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the <br />activity will not result in a direct or reasonably foreseeable indirect physical change in the <br />environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) <br />of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, <br />because it has no potential for resulting in physical change to the environment, directly or <br />indirectly. <br />