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DRAFT spillover noise from living in the Downtown, and if the music stops at 9:00 p.m., the spillover effect lasts until 10:30 p.m. Mr. Wilborn stated that he believed the City's noise ordinances is out of date and that noise pollution in the range allowed is contributing to health issues and various illnesses. He recommended that because both performing areas are in line of site with the eastern boundary homes, the limit be set at 9:00 p.m. during the week and on 10:00 p.m. on Friday and Saturday. He also requested to reduce the acceptable decibel level to 60 at the property line, limit the number of performances to no more than three per week, and require noise monitoring to be presented to the Commission and to staff. Lee Busey stated that he is a senior citizen and supporter of the restaurant since it was Villa Armando, then Casanova's, and now Barone's. He added that he thinks people need to adjust over time and compromise, but supports the venue at Barone's. He noted that he has been to all events on Thursday evenings and does not think they are out of line. He suggested maintaining the decibel levels and keeping neighborhood residents in mind. He indicated that he felt it was a viable entity with much support and that it would be a shame to do anything to stop it. Troy French submitted a speaker card but had to leave. He asked a member of the audience to speak on his behalf to express his support of Barone's. Mark Kearns stated that he owns a commercial building on Spring Street a block away. He indicated that he supported Barone's and that he is considering developing a residence behind his commercial building. He noted that if people choose to live Downtown, they should share in the goings -on of Downtown, that 9:00 p.m. is too early to close, and that it was cutting it close for families to have an enjoyable evening. He indicated that he had gone to two of the Thursday night events and that there were probably 400 people at Barone's, as well as a lot of people Downtown where businesses benefitted from the revenue brought in. He expressed his support for music until 10:00 p.m. and requested approval for the proposal. Jim Vlamis stated he has lived in Pleasanton since 1968 and complimented the Commission and business leaders on what has transpired in Pleasanton since 1968. He stated that he felt differentiation is everything and supported Barone's Restaurant, whose owners have developed a great atmosphere for all age groups. He noted that music was needed Downtown for business and the City's value. He indicated that weddings held at the Pleasanton Hotel go until 11:30 p.m. at times and asked the Commission to support the request. Vic Malatesta stated that he has owned Vic's All Star Kitchen for the last 17 years and that he has been in the restaurant business for 42 years. He indicated his support for the Barone's request and feels they have shown a compromise and willingness to work with staff. He requested the Commission to approve the application. DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 8/12/2009 Page 7 of 17