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Vice -Mayor Cook- Kallio noted that some walls used to back bands contain a curved top to deflect sound back towards the audience. She said those are very successful and asked if their application would be appropriate here. Mr. MacDonald deferred to the consultants on the matter of suitability, but said there may be issues associated with cost. Mayor Hosterman opened the public hearing. Ken Mercer, former Mayor of Pleasanton, likened this argument to that regarding the introduction of sidewalk dining in Pleasanton. He said that was enormously successful and guessed this would be, as well. He lives in the downtown area, hears noise from the school, Shakespeare in the Park, and will soon hear noise from the Sharks Ice Rink, but would never dream of asking them to shut down. He said the Barone's are exemplary members of the community, are unlikely to conduct any business that would alienate customers, and they have made a proposal that will create jobs and increase business downtown. He asked the Council to support staff's recommendation. Bob Tucknott said downtown Pleasanton is the envy of every nearby community and that entertainment like that proposed is crucial to keeping it vibrant and economically sound. He urged the Council to approve staff's recommendation and allow the Barone's to provide quality entertainment. Ed Churka said the Barone's purchased property that was too small and improperly located for their eventual goals. He said he could not understand how the applicants inherited Casanova's CUP or were allowed to renovate their patio area without design review. Diane Churka stated objection to the application and said following the Planning Commission's approval the Barone's held a celebration resulting in noise exceeding 100 decibels. She said nerve conduction hearing loss occurs at 85 decibels and this constitutes a public health issue for which the Barone's should be more compassionate. She said Kimberly Commons is also a business and it has only one remaining tenant who will leave if noise issues are not resolved. She noted that the Oasis was denied a live music permit 3 years ago and argued that it set a precedent over that established by Redcoats. She believed Planning Commission's conditions are too flexible and that 3 or 4 nights per week should be sufficient and would still allow her to plan for 1 night of peace in her own home. Ken Horton stated that all downtown area businesses would benefit from an increase of traffic. He said all businesses would similarly benefit from the lead the Barone's have taken as well as the expense and responsibility they have assumed. He stated that downtown residents knew the charm of the area and necessary lifestyle adjustments when they chose to live there. Mark Kearns, commercial property owner, said the Planning Commission's comments regarding downtown residential living were very apt. Stephanie Wedge said her home sits in a high traffic area, is very noisy, and that she knew that when she chose to live there. She stated that parking and potential noise issues are common disclosures for downtown area homes. She said she enjoys Barone's Restaurant very much, feels safe there, and supports the proposal. Linda Green concurred with previous supporting comments. She said that without growth, a small town like Pleasanton will die. She said that for 16 years, she has taken her entertainment City Council Minutes Page 9 of 15 September 1, 2009