|
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 6 . CITY COUNCIL ACTION: The City Council hereby takes
<br /> the following action:
<br /> 1 . The City Council approves General Plan Amendment No. 2020-01 as set
<br /> forth in Exhibit A, attached hereto and incorporated herein by reference,
<br /> subject to compliance with the adopted Mitigation Monitoring and
<br /> Reporting Program, and upon satisfaction of the conditions set forth
<br /> below:
<br /> A. Subject to compliance with the Mitigation Monitoring and
<br /> Reporting Program, the Land Use Element map and text shall be
<br /> amended to read as set forth in Exhibit A, attached hereto and
<br /> incorporated herein by reference.
<br /> B. The General Plan Amendment shall not take effect unless and until
<br /> Zoning Ordinance Amendment No. 2020-02 is approved by the City
<br /> Council.
<br /> SECTION 7. EXECUTION OF RESOLUTION. The Mayor shall sign this
<br /> Resolution and the City Clerk attest and certify to the adoption thereof.
<br /> ADOPTED this 21st day of April , 2020.
<br /> Resolution No. 2020-034
<br /> Page 5 of 16
<br />
|