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spread the wealth throughout the downtown area and found the compromise established by the Planning Commission to be appropriately flexible. Don Garman said he moved downtown for the air of vibrancy. He said that in tough times, the City must do everything possible to support those willing to risk their own money by putting it into the downtown area. He asked the Council to look further than those opposed to the application and instead embrace business owners who want to move into the future. Gene Finch said he is a 45 year resident and business owner with legitimate concerns regarding alcohol service at 6 a.m. He suggested that future residential developments in the downtown area be made well aware of the noise situation. Wally Mayer said it is crucial for the City of Pleasanton to support those who would support it. He said no one has contributed more to the community than the Barone's, who are proposing a venue that will help the downtown area in a dire economy and be an asset to the City's future. Angela Torres stated that she works in construction and rises at 3:30/4:00 a.m. and would feel antagonized if she were subject to this sort of noise while attempting to sleep. She believed a 10 foot sound wall to be useless. She acknowledged the Barone's contributions to the City but said that those who do so physically, rather than monetarily, should still be respected. Christine Salidivar, PDA Executive Director, stated that downtowns across the nation are finding that nighttime vitality is crucial to revitalization. She said this is an important aspect of downtown Pleasanton's future and she couldn't ask for a better business to set the standard. She cited numerous letters from businesses supporting this type of activity. She said the Planning Commission was clearly seeking to offer flexibility. She explained that her parents married at a sunrise service and said Barone's would have been just the establishment to host the small champagne reception that followed. She encouraged the Council to support the Barone's, the downtown area and staff's recommendation. Scott Raty, Pleasanton Chamber of Commerce, said the recession has made it very difficult for individuals, families, and businesses and those people are now looking for economical entertainment venues closer to home. He said Pleasanton has an opportunity to create an entertainment destination that rivals it dining. He reiterated that street side dining was initially considered ludicrous, acknowledged that there may be an adjustment period, but said the City cannot afford to not take advantage of this opportunity. He said the Barone's are responsible business owners and responsive neighbors and that he cannot think of better people to blaze this trail. He suggested they should be congratulated and thanked for their entrepreneurial spirit and urged the Council to follow the recommendation of staff. Mr. MacDonald confirmed that the approved hours simply allow flexibility and assured the Council that the Barone's have no plans to host 3 bands at once or serve alcohol at 6 a.m. Councilmember Thorne asked if the proposed muffler wall is designed to dissipate sound energy as heat. Mr. MacDonald explained that the wall is comprised of 2 layers of hardy board sandwiching insulation batting which softens the noise to the point that it cannot penetrate the hardy board on the opposite side. Councilmember Thorne noted that since the wall is not designed to reflect sound energy, a curved top would do little. Mr. MacDonald added that the relatively small amount of noise not absorbed by the wall would reflect directly back to the audience. City Council Minutes Page 11 of 15 September 1, 2009