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Motion to Reconsider Previous Land Use Approval September 15, 2020 Page 3 as if it were on the floor for the first time, and a new motion to approve or deny said Resolution will be in order. If the motion to reconsider is approved, the City Council may then discuss, deliberate, and vote on Resolution 2020-067 as it is now presented as new business Item No. 60A of this agenda. If Resolution No. 2020-067 is not approved, the City Council will not need to take any further action. If Resolution No. 2020-067 is approved, the City Council is asked to take two additional actions. The first is to conduct the second reading of and adopt Ordinance No. NS-XXXX and the second is to approve the proposed Indemnification Agreement with Arrimus Capital. The City Council conducted the first reading of the ordinance on August 18, 2020. The proposed second reading was on the agenda at the City Council's September 1, 2020 meeting, but was not considered because of the request for reconsideration. At the August 18, 2020 meeting Councilmember Bacerra asked about the impacts of the City overruling the Airport Land Use Commission's finding of inconsistency between the proposed project and the John Wayne Airport AELUP. At the time, the City Council was told that as a consequence of overruling Airport Land Use Commission the Airport would be absolved of any liability resulting from an airport or airline accident on the project property. The City Council was informed that the developer, Arrimus Capital, had provided the City with an avigation easement that fully indemnified and absolved the City from liability. The developer had not yet provided the indemnification, but was required, as a condition of approval to do so in connection with the required avigation easement. At this time, the developer has agreed to enter into a stand-alone indemnification agreement to be recorded against the project property rather than include indemnification language in the easement. The City Council is asked to approve the agreement, which has been executed by the Applicant and attached hereto as Exhibit 3. FISCAL IMPACT There is no fiscal impact associated with approval of this action. Submitted by: Minh Thai, Executive Director/Planning and Building Agency Exhibits: 1. Resolution No. 2020-067 2. Ordinance NS-XXXX 3. Indemnification Agreement 4. August 18, 2020 City Council meeting Staff Report Item No. 75C can be view it its entirety at the link below: https://santaana.qranicus.com/GeneratedAgendaViewer.php?view id=2&clip id=296 4 60A-3