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Section 2. The City Council is required to provide findings of fact supporting the
<br />overrule of ALUC's determination of inconsistency as required by California Public Utilities
<br />Code Section 21676, subdivision (b). The City Council of the City of Santa Ana hereby
<br />adopts the findings set forth in Exhibit "A" to this Resolution, attached hereto and
<br />incorporated herein by this reference (the "Findings").
<br />Section 3. Based on these Findings and the associated substantial -evidence in
<br />the public record, the City Council of the City of Santa Ana hereby finds that the proposed
<br />action by the City on the Related Bristol Specific Plan (SP No. 5) is consistent with the
<br />purposes of the State Aeronautics Act as stated in California Public Utilities Code Section
<br />21670, and consistent with the AELUP.
<br />Section 4. Based on the above evidence and Findings made, and the remainder
<br />of the record in this matter, the City Council of the City of Santa Ana hereby overrules the
<br />ALUC's determination that the Related Bristol Specific Plan (SP No. 5) is inconsistent with
<br />AELUP.
<br />Section 5. This Resolution shall take effect immediately upon its adoption by
<br />the City Council, and the City Clerk shall attest to and certify the vote adopting this
<br />Resolution.
<br />Section 6. The documents and materials associated with this Resolution that
<br />constitute the record of proceedings on which these findings are based are located at Santa
<br />Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The City Clerk is the custodian
<br />of records for the record of proceedings.
<br />Section 7. 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
<br />or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of
<br />a court of competent jurisdiction. It is expressly agreed that the City shall have the right
<br />to approve the legal counsel providing the City's defense, and that Applicant shall
<br />reimburse the City for any costs and expenses directly and necessarily incurred by the
<br />City in the course of the defense. City shall promptly notify the Applicant of any Action
<br />brought and City shall cooperate with Applicant in the defense of the Action.
<br />Resolution No. 2024-054
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