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6. No Pledge. Provisions for the making of Incentive Payments pursuant to <br />the Operating Covenant Agreement shall not be deemed to constitute a pledge of any <br />particular funds by the City, but instead an obligation contingent upon the operation of a <br />Hotel. <br />7. Administrative Rules and Regulations. Consistent with the intent and <br />goals of this Hotel Development Incentive Program, the Executive Director may adopt <br />administrative rules and regulations for implementation and furtherance of the <br />requirements of this program. <br />Section 3. The City Council's decisions creating this Hotel Development <br />Incentive Program are based upon the evidence submitted at the above said hearing, <br />which includes, but is not limited to: the Request for Council Action dated November 3, <br />2015, and exhibits attached thereto; the Request for Council Action dated April 19, <br />2016, and exhibits attached thereto; and the public testimony, written and oral, all of <br />which are incorporated herein by this reference. <br />Section 4. The City Council hereby finds and determines that the <br />establishment of the Hotel Development Incentive Program, by the adoption of this <br />Resolution, is not subject to the California Environmental Quality Act of 1970, as <br />amended (Public Resources Code Section 21000 at seq.), pursuant to Sections <br />15060(c)(2) and 15060(c)(3) of the State of California Guidelines for Implementation of <br />the California Environmental Quality Act (California Code of Regulations, Title 14, <br />Chapter 3), because it will not result in a direct or reasonably foreseeable physical <br />change in the environment and is not a "project" as defined in Section 15378 of the <br />California Code of Regulations, <br />Section 5. This Resolution shall take effect immediately upon its adoption by <br />the City Council, and the Clerk of the Council shall attest to and certify the vote adopting <br />this Resolution. <br />Resolution No. 2016- <br />55E -60 <br />