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a condition of approval of the Project. and adopts the Mitigation Monitoring and
<br />Reporting Program, and directs that the Notice of Determination be prepared and filed
<br />with the County Clerk of the County of Orange in the manner required by law. This
<br />decision is based upon the evidence submitted at the above said hearing, which
<br />includes, but is not limited to: the Request for Council Action dated February 5, 2019,
<br />and exhibits attached hereto; and the public testimony, written and oral, all of which are
<br />incorporated herein by this reference.
<br />Section 4. Pursuant to Title XIV, California Code of Regulations (CCR) §
<br />735.5(c)(1), the City Council has determined that, after considering the record as a
<br />whole, there is no evidence that the proposed project will have the potential for any
<br />significant adverse effect on wildlife resources or the ecological habitat upon which
<br />wildlife resources depend. The proposed project exists in an urban environment
<br />characterized by paved concrete, roadways, surrounding buildings and human activity.
<br />However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the
<br />payment of Fish and Game Department filing fees in conjunction with this project is at
<br />the discretion of the State of California Department of Fish and Wildlife.
<br />Section 5. The Mitigated Negative Declaration and the Mitigation Monitoring and
<br />Reporting Program, as well as all supporting documents are on file and available for
<br />public review at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, California
<br />92702.
<br />Section 6. The Applicant shall indemnify, protect, defend and hold the City
<br />and/or any of its officials, officers, employees, agents, departments, agencies,
<br />authorized volunteers, and instrumentalities thereof, harmless from any and all
<br />claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether
<br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br />dispute resolution procedures (including, but not limited to arbitrations, mediations,
<br />and such other procedures), judgments, orders, and decisions (collectively "Actions"),
<br />brought against the City and/or any of its officials, officers, employees, agents,
<br />departments, agencies, and instrumentalities thereof, that challenge, attack, or seek
<br />to modify, set aside, void, or annul, any action of, or any permit or approval issued by
<br />the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof (including actions approved by the voters of
<br />the City) for or concerning the project, whether such Actions are brought under the
<br />Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning
<br />Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or
<br />any other federal, state or local constitution, statute, law, ordinance, charter, rule,
<br />regulation, or any decision of a court of competent jurisdiction. It is expressly agreed
<br />that the City shall have the right to approve, which approval will not be unreasonably
<br />withheld, the legal counsel providing the City's defense, and that Applicant shall
<br />reimburse the City for any costs and expenses directly and necessarily incurred by
<br />the City in the course of the defense. City shall promptly notify the Applicant of any
<br />Action brought and City shall cooperate with Applicant in the defense of the Action.
<br />Resolution No. 2019-010
<br />Page 3 of 28
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