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OUTDOOR RECREATION Council considered the letter dated MT. SADDLEBACK ACADEMY October 3, 197Z, from Dr. Ao Neal de Gaston, Director of Mount Saddleback Academy, 502 South Ross Street, requesting that the indoor recreation activity restriction be removed from Conditional Use lmermit 71-12, implemented by Resolution 71-53o Dro de Gaston spoke in favor of his request stating that they had a small, private, Christian school where high academic standards were stressed, with 30 students from kindergax-ten through eighth grade; and that they were requesting that the restriction be lifted so that they might fence in part of the parking lot of their facility to provide their students with outside exercise, fresh air and sunshine. He stated that they had polled the neighborhood and had a petition signed by sixty-two nearby residents, and that all four families immediately next to the school had signed the petition. Mrs° 3essie Backer, 512 So. Van Ness Ave., spoke in opposition to the request stating that she knew of many people who were opposed to lifting the indoor recreational stipulation° On the unanimously approved motion of Councilman Evans, seconded by Council- man Markel, Council set a public hearing for November 6, 1972, for the purpose of considering an amendment to Resolution #71-53 deleting the provision restrict- lng students' exercise or recreational activities to the interior of the building. Prior to voting, Dr. de Gaston asked Council if, pending the outcome of the public hearing, they could be granted a temporary lifting of the restriction. The Acting City Attorney responded that the Municipal Code did not allow for any modification of a Conditional Use Permit without a public hearing. ALCOHOLIC BEVERAGE Council considered the letter dated LICENSE APPLICATION October 6, 1972, from the Law Offices ERWIN A. ROHM of Berrien ]~. Moore Incorporated, requesting that Council reconsider the Alcoholic Beverage Control License application of Erwin A. Rohm, to which Council had instructed the City Attorney to prepare a letter of protest at the October Z meeting. Mro Kenneth Scholtz, Attorney at Law, from the Law Offices of Berrien E. Moor e, Incorporated, 1515 Redondo Beach Boulevard, Gardena, spoke in favor of the request. He stated that the reason he had asked for a rehearing on behalf of his client, was that there had been a number of misleading statements in the report from the Police Department recommending the protest; that his client should have been given an opportunity to express his point of view; that the filing of a protest by the City is a very serious matter both for the licensee and for the City in that the application would have to be held up for a hearing before the ABC, the premises could not be used during that time, the City Attorney-would be involved, and the appearance of witnesses on behalt of the City would be necessary. He stated that Mr° Rohm had received no notice of the police protest except with the letter informing him of the hearing which Mr. Rohm did not receive until Monday after- noon~ which was too late for him to attend the hearing; that the police objections were based largely on past events instead of the current situation. CITY COUNCIL MINUTES -400- OCTOBER 16, 1972