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Section 3. The City Council hereby adopts the MND, attached hereto as
<br />Exhibit A, and MMRP, attached hereto as Exhibit B, and directs that a 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 City Council
<br />Action dated December 1, 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. 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 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, referendum, and other proceedings (whether
<br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br />dispute resolution procedures (including, but not limited to arbitrations, mediations, and
<br />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 to
<br />modify, set aside, void, or annul, any action of, or any permit or approval issued by the
<br />City and/or 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 />approve, which approval will not be unreasonably withheld, the legal counsel providing
<br />the City's defense, and that Applicant shall reimburse the City for any costs and
<br />expenses directly and necessarily incurred by the City in the course of the defense.
<br />City shall promptly notify the Applicant of any Action brought and City shall cooperate
<br />with Applicant in the defense of the Action.
<br />Resolution No. 2020-095
<br />Page 3 of 20
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