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53 sidewalks if the City approves it, provided there is a barrier of not more than two inches wide and four feet high to show some type of separation. The ABC in Oakland has been out to inspect the area and finds no problem with it. It is now a matter of the City allowing this barrier to be set up. He added that another point brought up by the article was the Police Department's diligence in enforcing alcoholic beverage laws on Main Street and parking lots adjacent to liquor stores and markets around Pleasanton. He complimented the police staff and explained that Strizzi's customers would be adults rather than teenagers. His restaurant's main business is food; it has no bar, disco or dancing. He said that the article also mentioned that Mr. Ed Turka, the owner of Downtown Coffee Roast, commented that the sidewalk is too narrow to accomplish foot traffic. The sidewalk has about 4.5 feet left after the tables are put in. He concluded that approvals made by the City usually have conditions of approval. One of the conditions of his project is that the Planning Commission may review and, if necessary, revoke the subject Conditional Use Permit (CUP) if the restaurant encourages loud noise, litter, traffic problems, or drunkenness to the detriment of the surrounding businesses or the City in general. He asked Council to give him the chance to prove himself as a good restaurant operator, and if he fails, the City can take away the permit. Mr. Brandes indicated that he was opposed to the outdoor use of the restaurant and found it inappropriate. He stated that nine years ago, the problem of drinking in public became so serious that the City had to come up with an ordinance that law enforcement officers could use to deal with the problem effectively. And the Police Department has gotten results. He pointed out that the applicant is asking for a special privilege which would make it hard for Council not to grant the same to others. He emphasized that the staff should have referred something as potentially controversial as this to Council from the start. He stated that granting this request would be wrong for the future of the downtown area and would establish a dangerous precedent. He recommended denial of the application. Mr. Bartolomucci explained that the reason he is before the Council is because of what he had been through due to all the miscommunication within the City departments. He said that it was not fair for the City to judge him on the basis on what people say would happen even before it did happen. Mr. Pat Milne, 4636 Second Street, stated that Strizzi's is the kind of restaurant that Pleasanton needs to attract people to the downtown businesses. He mentioned that the restaurant's design is excellent and that having tables outside was in keeping with the motif. He added that other restaurants like Gay -19- 1-16-90