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E. The mitigation measures set forth in the Mitigated Negative Declaration are fully
<br />enforceable and will be implemented using the Mitigation Monitoring and
<br />Reporting Program attached hereto as Exhibit A, and incorporated herein by
<br />reference.
<br />F. On January 21, 2020, the City Council of the City of Santa Ana held a duly
<br />noticed public hearing to consider all testimony, written and oral, related to
<br />the Mitigated Negative Declaration and the related Mitigation Monitoring and
<br />Reporting Program for the project, at which time all persons wishing to testify
<br />were heard, the project was fully considered, and all other legal prerequisites
<br />to the adoption of this Resolution occurred.
<br />Section 2. The City Council has independently reviewed and analyzed the
<br />information contained in the Initial Study and the Mitigated Negative Declaration (MND)
<br />prepared with respect to this project. The City Council has, as a result of its
<br />consideration and the evidence presented at the hearings on this matter, determined
<br />that, as required pursuant to the California Environmental Quality Act (CEQA) and the
<br />State CEQA Guidelines, the MND adequately addresses the expected environmental
<br />impacts of this project. On the basis of this review, the City Council finds that there is no
<br />substantial evidence from which it can be fairly argued that the project will have a
<br />significant adverse effect on the environment.
<br />Section 3. The City Council hereby adopts and approves the MND and adopts
<br />the Mitigation Monitoring and Reporting Program, and directs that the Notice of
<br />Determination be prepared and filed with the County Clerk of the County of Orange in
<br />the manner required by law. This decision is based upon the evidence submitted at the
<br />above said hearing, which includes, but is not limited to: The Request for Council
<br />Action dated January 21, 2020, and exhibits attached hereto; and the public testimony,
<br />written and oral, all of which are incorporated herein by this reference.
<br />Section 4. 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 claims,
<br />demands, lawsuits, writs of mandamus, and other and proceedings (whether legal,
<br />equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
<br />resolution procedures (including, but not limited to arbitrations, mediations, and such
<br />other procedures), judgments, orders, and decisions (collectively "Actions"), brought
<br />against the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
<br />aside, void, or annul, any action of, or any permit or approval issued by the City and/or
<br />any of its officials, officers, employees, agents, departments, agencies, and
<br />instrumentalities thereof (including actions approved by the voters of the City) for or
<br />concerning the project, whether such Actions are brought under the Ralph M. Brown
<br />Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision
<br />Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or
<br />local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a
<br />court of competent jurisdiction. It is expressly agreed that the City shall have the right to
<br />75B-50
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