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“notwithstanding anything set forth here into the contrary or anything set forth in any documents or agreements adopted and executed before the action taken by adoption of this resolution the obligation of the 2019 approvals requiring the applicant to defend and indemnify the city shall remain in effect as if the 2019 approvals were not rescinded”, but key to this action is dependent on 2) amendments to section 4, which reads, “the resolution shall only take effect if the first amendment to the settlement agreement is fully executed by both the city and the applicant.” Motion to Adopt amended resolution as articulated above by the City Attorney, moved by Mayor Pro Tem Villegas seconded by Councilmember Mendoza Substitute Motion to Deny rescission. Councilmember Penaloza motioned to deny, seconded by Councilmember Bacerra. MOTION: Councilmember SECOND: Councilmember Bacerra Penaloza VOTE: AYES: Councilmember Bacerra, Councilmember Penaloza (2) NOES: Councilmember Mendoza, Councilmember Solorio, Mayor Pro Tem Villegas, Mayor Pulido (4) ABSTAIN: Councilmember Sarmiento (1) ABSENT: None (0) Substitute motion failed. City Manager Kristine Ridge addressed council and noted that the item before council along with their changes holds developer responsible for indemnification and recommends the recession. Motion to Adopt amended resolution as articulated above by the City Attorney: Resolution No. 2020-092- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RESCINDING CITY COUNCIL RESOLUTION NO. 2019- 099, UPHOLDING PLANNING COMMISSION’S ADOPTION OF RESOLUTION NOS. 2019-35, 2019-36, 2019-37; RESCINDING THE CITY’S CALIFORNIA ENVIRONMENTAL QUALITY ACT-RELATED FINDINGS; AND DECLARING NULL AND VOID PLANNING COMMISSION’S RESOLUTION NOS. 2019-35, 2019-36, AND 2019-37 PERTAINING TO THE PROPERTY LOCATED AT 301 AND 325 N. TUSTIN AVENUE CITY COUNCIL MINUTES 16 DECEMBER 1, 2020