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1IINUTES OF T'HE ADJOURtiED REGULAR MEETING OF THE t:L SEGUNDO CITY COUNCIL OCTOBER 2, 1985 CALL TO ORDER was made by Mayor Armstrong at 9:00 P.M., Wednesday, October 2, 1985 in the Council Chambers of the E1 Segundo City tiall. PLEDGE OF ALLEGIANCE was led by Mayor Armstrong. ROLL CALL was taken by City Clerk [fart Councilman Jacobson - Councilman Schuldt - Councilman Siadek - Mayor Pro Tem Synadinos- Aayor Armstrong - present present absent (entered Chamber at 9:05 P.M. in the audience) present present SPECIAL ORDERS OF BUSINESS HEARING - continued from October 1, 1985 the appeal of Rev. Ed Erdely from the July 11, 1985 decision (Y.esolution No. 2112) of the City Planning Commission to allow the elimination of Condition No. 7 of Conditional Use Permit No. 33 -10 (Resolution No. 2048). Elimination of Condition No. 7 to allow entertainment and dancing in conjunction with the operation of a restaurant, cocktail lounge and banquet facilities at an existing hotel located at 1440 E. Imperial Avenue (Highway) in the C -2 Zone. Mayor Armstrong announced that the public part of the hearing had been closed. Pfayor Armstrong questioned City Attorney Dolley as to what was the appropriate procedure to follow. City :attorney Dolley stated that - if Council wished to receive advice, privately, fie was at the Council's discretion. City Attorney Dolley then proceeded to present Council with the findings of staff, stating that he found no legally acceptable way, nor procedural manner in the City Code to grant a temporary permit for entertainment. Mr. Dolley continued by clarifying that this was an application to an amendment for a Conditional Use Permit to eliminate the condition. The application for the amendment was [;ranted by the Planning Commission and on the appeal of Rev.Ed Erdely, the matter was stayed until a final decision by Council. Mr. Dolley indicated that the alternative actions were: (1) uphold the appeal (the same as denying the amendment to the CUP -the prohibition is kept in) (2) overturn the appeal (the same as granting an amendment to the CUP and eliminates the prohibition) (3) under State and Local Code, to modify the CUP (overturn the appeal and grant the CUP on additional conditions) and (4) return the matter to the Planning Commission for decision. Council discussion ensued regarding modification of the CUP. City Attorney Dolley stated that to overturn an appeal and modify is to eliminate a condition or add a condition. Neither of those conditions could be found supported in law. Mayor Armstrong asserted that the only responsible alternative was to uphold the appeal and to refer the matter back to the Planning Commission for an assessment of the parking needs for the Embassy Suites. When this is accomplished, it would come back to Council for approval of adequate parking. In the meantime, the applicant's procedure would be to reapply. He hoped that the matter could be resolved in a limited amount of time because of the urgency.