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vi. The ALUC staff report states that "Additionally, Section 2.1.4 of
<br />the AELUP for JWA and PUC Section 21674 charge the
<br />Commission to coordinate at the local level to ensure compatible
<br />land use planning." The method by which the ALUC achieves this
<br />charge is through the application of the objective standards
<br />contained in Section 2.1 of the AELUP. As demonstrated in the
<br />ALUC staff report and, in these Findings, the Project is consistent
<br />with each of the standards. As a result, the ALUC has met their
<br />duty under Section 2.1.4 and PUC Section 21674 by ensuring that
<br />the Project meets these standards.
<br />Section 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT: The City
<br />Council has reviewed and certified Environmental Impact Report No. 2020-01; adopted
<br />the Mitigation Monitoring and Reporting Program (MMRP); and adopted the Statement
<br />of Overriding Consideration for the proposed Project.
<br />Section 4. INDEMNIFICATION. The Applicant shall indemnify, protect,
<br />defend and hold the City and/or any of its officials, officers, employees, agents,
<br />departments, agencies, authorized volunteers, and instrumentalities thereof, harmless
<br />from any and all claims, demands, lawsuits, writs of mandamus, and other and
<br />proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in
<br />nature), and alternative dispute resolution procedures (including, but not limited to
<br />arbitrations, mediations, and such other procedures), judgments, orders, and decisions
<br />(collectively "Actions"), brought against the City and/or any of its officials, officers,
<br />employees, agents, departments, agencies, and instrumentalities thereof, that
<br />challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any
<br />permit or approval issued by the City and/or any of its officials, officers, employees,
<br />agents, departments, agencies, and instrumentalities thereof (including actions
<br />approved by the voters of the City) for or concerning the project, whether such Actions
<br />are brought under the Ralph M. Brown Act, California Environmental Quality Act, the
<br />Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections
<br />1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance,
<br />charter, rule, regulation, or any decision of a court of competent jurisdiction. It is
<br />expressly agreed that the City shall have the right to approve, which approval will not
<br />be unreasonably withheld, the legal counsel providing the City's defense, and that
<br />Applicant shall reimburse the City for any costs and expenses directly and necessarily
<br />incurred by the City in the course of the defense. City shall promptly notify the
<br />Applicant of any Action brought and City shall cooperate with Applicant in the defense
<br />of the Action.
<br />Section 5. CITY COUNCIL ACTION: Based on the above evidence and
<br />Findings made, and the remainder of the record in this case, the City Council of the
<br />City of Santa Ana hereby resolves to overrule the Orange County ALUC's
<br />Resolution No. 2020-xx
<br />75C-809 Page 11 of 13
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