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87-015
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Last modified
2/12/2015 11:50:42 AM
Creation date
6/26/2003 10:46:56 AM
Metadata
Fields
Template:
City Clerk
Doc Type
Resolution
Doc #
87-15
Date
2/2/1987
Document Relationships
81-003
(Repeals)
Path:
\Resolutions\CITY COUNCIL\1952 - 1999\1981
81-004
(Repeals)
Path:
\Resolutions\CITY COUNCIL\1952 - 1999\1981
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O88 <br /> <br />RESOLUTION NO. 87-15 <br />Page two <br /> <br />reviewing court of the reasons why the Council approved the reloca- <br />tion of the rescue center; and ordered the Superior Court to issue <br />a writ of mandamus requiring the City Council to vacate Resolution <br />No. 81-3 and to adopt a new resolution which contained findings of <br />fact consistent with Santa Ana Municipal Code ("SAMC") § 41-638; <br />and <br /> <br /> WHEREAS, on January 10, 1983, the Superior Court issued <br />its Peremptory Writ of Mandamus, which Writ was served on the City <br />on or about January 17, 1983; and <br /> <br /> WHEREAS, on February 22, 1983, the City Council met for <br />the purpose of considering the adoption of a resolution approving <br />the grant of a Variance to Missionaries at Home, Inc., to allow <br />it to relocate to 120 South Daisy Street; and <br /> <br /> WHEREAS, the matter was continued and, prior to the City <br />Council making a decision, Missionaries at Home, Inc. sought clar- <br />ification of the Peremptory Writ of Mandamus; which clarification <br />order was issued on June 30, 1983 and which order severely limited <br />the City Council's discretion in the matter; and <br /> <br /> WHEREAS, petitioners appealed the clarification order to <br />the Appellate Court; which Court, on May 29, 1986 issued its opin- <br />ion reversing the clarification order of the Superior Court and <br />directed the Superior Court to issue a new Peremptory Writ of <br />Mandamus which did not limit the discretion of the City Council <br />in making its decision; and <br /> <br /> WHEREAS, on October 28, 1986 the Superior Court issued <br />its new Peremptory Writ of Mandamus, a copy of which was served <br />on the city on or about November 10, 1986; and which, pursuant <br />to a stipulation by all parties and ordered by the Court, the <br />City has until February 27, 1987 to comply with the Writ and re- <br />port back to the Superior Court; and <br /> <br /> WHEREAS, on February 2, 1987, the City Council met for <br />the purpose of considering the adoption of a resolution approving <br />the grant of a Variance to Missionaries at Home, Inc., to waive <br />certain yard and parking requirements in conjunction with the <br />rescue center's relocation to 120 South Daisy Street; and <br /> <br /> WHEREAS, at its meeting of February 2, 1987, the City <br />Council read and considered the following materials and documents <br />submitted by the City Attorney: <br /> <br />a, City Attorney's Memorandum dated January 19, 1987; <br /> <br />b. Resolutions Nos. 81-3 and 81-4; <br /> <br /> <br />
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