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DRAFT believes no one can address smokers because it is difficult to control what smokers do unless they are physically hand -held. She acknowledged the Finches' concerns but noted that Ms. Kennard keeps her building's doors closed as opposed to other adjacent businesses that do otherwise. She noted that Ms. Kennard personally cleans up the area and expressed her support for allowing music two more nights a week. She felt the good neighbor policy works well for a residential neighborhood and asked property owners to be more tolerant, given that they live in the Downtown area next to three thriving restaurants. She stated that wanted to see all Downtown businesses thrive and urged the Commission to approve the application. Deborah Kostal stated that a business that follows all guidelines should have the ability to operate within those guidelines, and provide jobs for people, money for the City, and a place for many to congregate. She indicated that she felt it was atrocious for one person who knowingly chose to move next door to a pub to have the potential to cripple the business because of music being played. She provided examples that those moving next to an airport or an elementary school should realize there would be some noise in the neighborhood. She pointed out that it would not make any sense for a business to even consider opening in Pleasanton if this is how businesses would be treated. Joel Cacia stated that he grew up on the north side of town and moved to Downtown Pleasanton in 1991 because of its liveliness with events such as concerts in the park, Wednesday night street parties, and live music in area restaurants, which add value to the quality of life in the area. He added that events such as these give residents motivation to get out of the house and away from the television and to socialize. He noted that too often, the complaints of a few are given more consideration than the silent approval of many. He expressed his support for Redcoats to provide music on Wednesday and Thursday nights. Michael O'Callaghan stated that he supported approval of the project. He indicated that he has known Ms. Kennard for years and agrees that anyone who moves into the Downtown should expect activity. He noted that Ms. Kennard agreed with the mitigation of a few things and that Mr. Finch supported the project with the exception of the problems with the smoking and cigarette butts. Mr. O'Callaghan indicated that he is a builder and works with acoustical engineers at times. He noted that the wall across the patio is, in fact, a sound wall and that the noise coming out of the doors, when open, will stop at that wall and bounce backwards rather than travel up, over, and around. He stated that he believed turning down the bass may help and added that he is a proponent of having a set of base rules for the Downtown and a right- to -do- business ordinance, and supported more music nights. Melanie Sadek, owner of Murphy's Paw, stated that the outdoor seating area during the summer has nothing to do with the permit Ms. Kennard has, but rather, with those permits secured through the Pleasanton Downtown Association (PDA) for a temporary use permit for the summer for non electrified but mildly amplified music until 9:00 p.m. DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 11/18/2009 Page 6 of 12