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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 />determination that the Mixed -Use Development Project is inconsistent with the Orange <br />County AELUP. <br />Section 6. EXECUTION OF RESOLUTION. The Mayor shall sign this <br />Resolution and the Clerk of the Council shall attest and certify to the adoption thereof. <br />ADOPTED this "18t' day of August, 2020. <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, <br />City Attorney <br />By: D4 (- c <br />Lisa E. Storck <br />Assistant City Attorney <br />AYES: Councilmembers Bacerra, Mendoza, Penaloza, Sarmiento, <br />Solorio (5) <br />NOES: Councilmembers Pulido, Villegas (2) <br />ABSTAIN: Councilmembers None (0) <br />NOT PRESENT: Councilmembers None (0) <br />Resolution No. 2020-067 <br />Page 12 of 13 <br />