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RESOLUTION NO <br />Page Two <br />and Preliminary <br />a timely appeal <br />and <br />83- 101 <br />Injunction; and petitioners thereafter filed <br />with the Fourth District Court of Appeal; <br />WHEREAS, on October 19, 1982, the appellate court <br />(Case No. 26187), in reversing the July 7, 1981 judgment in <br />the City's favor, ruled that the findings of fact contained <br />in Resolution No. 81-3 were not sufficiently specific to <br />apprise a reviewing court of the reasons why the Council <br />approved the relocation of the rescue center; and ordered <br />the Superior Court to issue a writ of mandamus requiring the <br />City Council to vacate Resolution No. 81-3 and to adopt a <br />new resolution which contained findings of fact consistent <br />with Santa Ana Municipal Code ("SAMC") S 41-638; and <br />WHEREAS, on January 10, 1983, the Superior Court, <br />the Honorable Robert R. Fitzgerald presiding, issued its <br />Peremptory Writ of Mandamus, which writ was served on the <br />City on or about January 17, 1983; and <br />WHEREAS, on February 22, 1983, the City Council <br />met for the purpose of considering the adoption of a resolu- <br />tion approving the grant of a Variance to Missionaries at <br />Home, Inc., to waive certain yard and parking requirements <br />in conjunction with the rescue center's relocation to 120 <br />South Daisy Street; and <br />WHEREAS, at its meeting of February 22, 1983, the <br />(said Council read and considered the following materials and <br />Idocuments submitted by the City Attorney: <br />a. City Attorney's Memorandum dated February 10, <br />'1983; <br />b. Resolutions Nos. 81-3 and 81-4; <br />C. Portions of the City Council's Minutes <br />of December 15, 1980 and January 5, 1981, which pertained to <br />the rescue center project; <br />d. The appellate court's opinion dated <br />October 19, 1982; <br />e. The Peremptory Writ of Mandamus, dated <br />January 10, 1983, issued by the Orange County Superior <br />Court; <br />f. SAMC §§ 41-471, 41-472 and 41-638; <br />