CCMIN020210 - Laserfiche WebLink

to thrive and noted that in Livermore, music is a permitted use. He said Pleasanton is competing against cities in which valued businesses do not have negotiate for the right to do business. He requested that the Council consider its wording carefully in terms of the condition regarding noise monitoring, particularly until the City has an opportunity to develop a hospitality ordinance and update the existing Noise Ordinance. He supported the recommendation that Redcoats ensure the cleanliness of surrounding sidewalks following closing but thought it seemed unreasonable to require that they cross the street and clean half the block. He asked that the Council approve the CUP and take positive action towards developing a hospitality ordinance. Vera Revelli said the increased conditions create a precedent and ramifications which reach beyond Redcoats and into the entire downtown area. She said Pleasanton has a reputation for being inconsistent in its standards, making it difficult for businesses to determine what is needed and hesitant to establish here. She said the downtown area needs to work towards attracting the best businesses rather than those few which are willing to locate here. Megan Murphy, bartender and management staff at Redcoats, said she has always considered it part of her responsibility to ensure the cleanliness of both the Finch's yard and surrounding area at the end of each night. She said she does so out of hospitality and because it is her livelihood. She asked why the applicant should not be allowed to host indoor music several nights per week when Barone's is allowed outdoor music 6 days per week. David Cannon said the condition of approval pertaining to noise and the Police Department's ability to monitor and enforce that compliance seems a good solution. He said Vice -Mayor Thorne's additional recommendation seems to be black and white, and suggested it include the qualifier, "to the best of their ability." He applauded the concept of a good neighbor policy but suggested the language could be changed to be more fluid and better suit the purpose. Corrine Agurkis concurred with many points already raised and asked the Council to approve the applicant's request. Joel Cacia said most of his concerns have been addressed and he sees no need for a good neighbor policy or closing procedure. He said he has thrown several parties at Redcoats, believes the business to be impeccably run, and thinks any additional restrictions or conditions would be punitive. He fully supported the applicant's request. Michael O'Callaghan recalled that the "infamous" Toby's Restaurant received 26 complaints and yet was guilty of not 1 violation of the noise ordinance. He said Toby's was hauled before the Planning Commission on several occasions, roped into additional acoustical measures, and ultimately put out of business. He cautioned the Council against creating conditions just for the sake of doing so. He said this establishment needs no additional conditions and that he has never witnessed any drunk and disorderly patrons disrupting the area after attending Redcoats. He said the PDA has been successfully working on self policing downtown businesses with the help of City staff and asked the Council to reconsider micro managing a condition (debris) which is inherent in conducting business downtown. Al Lopez said a good neighbor policy would go a long way towards improving many of the issues he has witnessed and cited bottles, cans, articles of clothing, and vomit as an example of the inappropriate debris found on his property. He said he was bothered by the language used to direct patrons to the smoking area, stating that it singled out elderly residents. He said such behavior does not represent the actions of a good neighbor. Mayor Hosterman closed the public hearing. City Council Minutes Page 6 of 9 February 2, 2010