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The Public Works Director presented the staff report and recommendations. The Clerk of the Council reported there no written communications. Richard L. Reimer, attorney representing Mr. and Mrs. Vernon L. Hayes, spoke against the condemnation. There were no other speakers on the matter. Following discussion, MOTION was made by Bricken, seconded by Luxembourger, to find that the public interest and necessity require the proposed project; that the project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury; and that the property sought to be aquired is necessary for the project. Motion passed on the following vote: AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Serrato, Ward, Yamamoto Markel None The Mayor closed the public hearing. Motion was made by Luxembourger, seconded by Bricken, to adopt the following resol ut ion: RESOLUTION NO. 81-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISI- TION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY AT 1002 E. SANTA ANA BOULEVARD, SANTA ANA, FOR INTERCITY COMMUTER STATION AND AUTHORIZING AND DIRECTING CONDEM- NATION THEREOF. Motion passed on the following vote: AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto None None CA 82.12A PUBLIC HEARING - APPEAL #433 The Mayor announced that this was EX 80-59; 3801S. BRISTOL ST. the time and place for the public CA INSTRUCTED hearing of Appeal No. 433, filed by Lou Bacca Chevron Service, appealing the Zoning Administrator's decision to deny a minor exception to allow off-sale beer and wine in an existing convenience market within a ser- vice station (Chevron) in a shopping center, located at 3801S. Bristol Street. The Senior Planner presented the staff report and recommended that the appeal be granted subject to physical limitation. The Clerk of the Council reported there were no written communications. Lou Bacca, owner of Chevron Service Station, spoke in favor of the appeal. There were no other speakers on the matter. The Mayor closed the public hearing. Following discussion, MOTION was made by Griset, seconded by Luxembourger, to approve and file the Notice of Exemption and instruct the City Attorney to prepare a resolution granting Appeal No. 433, approving EX 80-59 (with restrictions against increasing liquor storage capacity beyond the area illustrated as contained in Exhibit A), and overruling the decision of the of the Zoning Administrator. Motion passed on the following vote: AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Markel Serrato, Ward, Yamamoto None CA 13.5 CITY COUNCIL MINUTES 93 MARCH 16, 1981