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In response to an inquiry by Commissioner Fox whether the late-night crowd from the Union Jack Pub would move over to the Crown Pub, Lt. Davis replied it would be difficult to forecast such as situation. He noted that the Danville Police had very few problems with the Danville Crown Pub. Chairperson Maas believed thc two establishments had two different types of crowds. In response to an inquiry by Commissioner Blank whether the correspondence sent to the owners and property managers were sent by regular or certified mail, Ms. Decker confirmed that they were sent by certified mail. THE PUBLIC HEARING WAS OPENED. Dan Straface, Union Jack Pub property manager, 23 Birchwood Place, Danville, noted that the Union Jack Pub had closed because he had served the owners with an eviction notice. He had met with Sgt. Jeff Bretzing, Senior Code Enforcement Officer, at his request, and their alternatives to get rid of the Union Jack Pub were limited because the owner was paying his rent and had a lease that enabled him to operate a bar. He had asked Sgt. Bretzing whether the City could do anything to enforce the use permit on the property. Sgt. Bretzing stated that the complaints against the bar/restaurant were not any greater than other similar uses in the City and that there was not sufficient evidence to revoke, suspend, or modify their use permit. The ownership did not disagree with the conditions suggested by staff as proposed modifications to the use permit, provided the conditions were similar to other bar/restaurants located in the Downtown area. Mr. Straface stated that it was the desire of the ownership of thc property to remove the current operator and to bring in another operator whom they currently had at hand. The anticipmed new operator would make a presentation before the Commission to explain how he planned to operate the site. He advised that he was also the landlord of the Sunshine Saloon and had experienced similar problems at that location during the 1980's. He noted that after working with thc tenant to change the operation and business atmosphere, the same operator now runs that business in a trouble-free manner. He advised that the next lease would contain a use clause that pertained to the use permit as applicable to the property. In response to an inquiry by Chairperson Maas whether he would be agreeable to the conditions, Mr. Straface confirmed that he would be agreeable, as long as they were reasonable, similar to other properties in the City, and provided they did not ask a property owner to make improvements for other properties. In response to an inquiry by Commissioner Blank whether the eviction process had passed the point where the owner of the Union Jack Pub may fight the eviction in court, Mr. Straface confirmed that was the case. Christine Salidivar, Plcasanton Downtown Association, 830 Main Street Suite A, noted that it was unfortunate that the Union Jack Pub had not taken the necessary steps to be a good neighbor and mitigate the problems raised by the neighbors. After reviewing the conditional use permit, she believed that the Union Jack Pub had not been in compliance for some time. She preferred to deal with the current problems and not "poison" the property for future tenants; she EXCERPTS: PLANNING COMMISSION MEETING MINUTES, February 23, 2005 Page 3 of 6