55A - RESO - HOTEL INCENTIVE PROG

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For all other Hotel projects covered by this Hotel Development Incentive Program that are not on City owned property, the Hotel Owner or Operator shall demonstrate that they have engaged in meetings with labor representatives and have made best efforts to determine whether a Labor Peace Agreement for the Hotel project is feasible, but they shall not be required to enter into such an agreement. 6. No Pledge. Provisions for the making of Incentive Payments pursuant to the Operating Covenant Agreement shall not be deemed to constitute a pledge of any particular funds by the City, but instead an obligation contingent upon the operation of a Hotel. 7. Administrative Rules and Regulations. Consistent with the intent and goals of this Hotel Development Incentive Program, the Executive Director may adopt administrative rules and regulations for implementation and furtherance of the requirements of this program. Section 3. The City Council's decisions creating this Hotel Development Incentive Program are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated November 3, 2015, and exhibits attached thereto; the Request for Council Action dated April 19, 2016, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. The City Council hereby finds and determines that the establishment of the Hotel Development Incentive Program, by the adoption of this Resolution, is not subject to the California Environmental Quality Act of 1970, as amended (Public Resources Code Section 21000 et seq.), pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State of California Guidelines for Implementation of the California Environmental Quality Act (California Code of Regulations, Title 14, Chapter 3), because it will not result in a direct or reasonably foreseeable physical change in the environment and is not a "project" as defined in Section 15378 of the California Code of Regulations. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2016 -_ 55A -59