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Mayor Hosterman inquired about the wall's timeline. Mr. MacDonald said the applicant must first get approval and bids before construction begins but that it would be completed no later than spring. Mayor Hosterman closed the public hearing. Vice -Mayor Cook- Kallio voiced difficulty with balancing the issue and said that to increase the compromise beyond what was requested by the Planning Commission seems unreasonable. As a Council member, she seeks out the opinion of those who do not necessarily share her views or have any vested interest in the business at hand. She has done so here and the primary concern voiced was over how a handful of people have the power to change the decisions of the Council or Planning Commission, particularly when a clear majority of people support the idea. She said she lives downtown herself, is subject to the noise of the Amador marching band, and while it is occasionally frustrating, she welcomes it as part of loving where she lives. She stated that businesses have a right to conduct their business and the public has a right to enjoy the opportunities those businesses provide. She thought this may be an instance where some people will be dissatisfied no matter what action is taken. The applicant has already compromised and she can support the Planning Commission's ruling with the proposed alterations to Condition 4. She stated appreciation for the Barone's efforts to mitigate concerns and take proactive action on the sound issue. The Council cannot make the City totally quiet, eliminate traffic, or make the marching band stop playing. Councilmember McGovern said the Barone's run a wonderful and responsive restaurant that is a great asset to the community, but she believes some adjustments to the conditions are necessary. She said the attached conditions are perhaps the broadest she has ever seen and she worried they would become the standard for all businesses. She supports outdoor music but thought limiting it to several nights per week would be appropriate and suggested the applicant consider more acoustic music performances. She would support amplified music past 10 p.m., but also fewer than 6 nights per week. She would prefer to see the sound wall in place to determine its efficiency before granting the request; she could not support alcohol service from 6 a.m. to 1 a.m., and suggested it not be served until 11:30 a.m. She said she dislikes the concept of portable restrooms in general and hoped that the applicant would provide some type of menu choices as their "limited food service." Mayor Hosterman said she would like to continue to provide the Barone's with this window of flexibility. She said she is encouraged by the proposed muffler wall, believes it to be a great idea, and is willing to see if it will work. She said she has an individual and collective duty to do all she can to maintain the quality of life for Pleasanton residents and that she must balance that duty with providing a robust and vitally active downtown. In these difficult times, it is quality opportunities like this that provide the revenue that enables continued delivery of quality services to residents throughout the community. She said she finds these conditions very similar to those placed on other like businesses in town and is in favor of supporting them. If problems arise or the proposed sound wall does not perform as anticipated, the idea will certainly be revisited. She said this decision will go a long way towards proving that the City's competing interests can be met. Councilmember Thorne respectfully acknowledged the concerns of those who oppose the application but said that the downtown area is exactly the place for an active use such as this. He said the Barone's have already made numerous concessions; he disagrees with the claim that a sound wall will be useless. He voiced support for staff's recommendation and asked that any motion include the proposed 6 -month review by the Director of Community Development. City Council Minutes Page 12 of 15 September 1, 2009