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RESOLUTION NO. 83-102 Page Two WHEREAS, on October 19, 1982, the appellate court (Case No. 26187), in reversing the July 7, 1981 judgment in _ the City's favor, ruled that the findings of fact contained in Resolution No. 81-4 were not sufficiently specific to apprise a reviewing court of the reasons why the Council approved the relocation of the rescue center; and ordered the Superior Court to issue a writ of mandamus requiring the City Council to vacate Resolution No. 81-4 and to adopt a new resolution which contained findings of fact consistent with Santa Ana Municipal Code ("SAMC") S 41-638; and WHEREAS, on January 10, 1983, the Superior Court, the Honorable Robert R. Fitzgerald, presiding, issued its Peremptory Writ of Mandamus, which writ was served on the City on or about January 17, 1983; and WHEREAS, on February 22, 1983, the City Council met for the purpose of considering the adoption of a resolution approving the grant of a Conditional Use Permit to Missionaries at Home, Inc., to allow it to relocate to 120 South Daisy Street; and WHEREAS, at its meeting of February 22, 1983, the said Council read and considered the following materials and documents submitted by the City Attorney: a. City Attorney's Memorandum dated February 10, 1983; b. Resolutions Nos. 81-3 and 81-4; C. Portions of the City Council's Minutes of December 15, 1980 and January 5, 1981, which pertained to the rescue center project; d. The appellate court's opinion dated October 19, 1982; e. The Peremptory Writ of Mandamus, dated January 10, 1983, issued by the Orange County Superior Court; f. SAMC SS 41-471, 41-472 and 41-638; g. The full and complete agenda packet concerning this land use approval which was distributed to the members of the Council prior to its December 15, 1980 public hearing, which included staff reports, environmental documents and background information concerning efforts undertaken to relocate the rescue center;