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witnessed. She also referred to vandalism and robbery of the Shell Station. She pleaded with <br />Council to do something immediately. <br /> <br /> Mr. Roush indicated staff shares the concerns of the residents. Staffis moving ahead as <br />rapidly as possible but must recognize the due process fights that exist. Procedures have been <br />taken to suspend or revoke the conditional use permit. There is a fifteen day appeal period in <br />which the status quo continues, which means the business can continue to operate. If an appeal <br />is filed by close of business on Thursday, the matter will be scheduled for the City Council <br />meeting as quickly as proper notice can be given. He assumed that would be the first meeting in <br />September. If an appeal is not filed in a timely manner and the business continues to operate, <br />staff would go to court to get a temporary restraining order and preliminary injunction to halt the <br />operation. <br /> <br />Ms. Michelotti asked if a Councilmember could appeal? <br /> <br /> Mr. Roush said anyone can appeal the decision of the Planning Commission. <br />Representatives of the business have indicated they intend to file an appeal. <br /> <br /> Ms. Michelotti said another member of the community has brought this to her attention <br />and Ms. Michelotti has spoken to the City Manager about the problem. At that point in time, it <br />was scheduled for the Planning Commission hearing. She said she would be willing to appeal <br />the matter to be heard by the City Council so long as that followed the due process. <br /> <br /> Ms. Ayala asked if that appeal was to make certain the matter appeared on the August 20 <br />agenda rather than wait until September 3. <br /> <br /> Mr. Roush said it would probably be necessary to schedule a special meeting, because the <br />August 20 agenda is very full. <br /> <br /> Ms. Michelotti asked if the appeal was due by Thursday and if the use would be <br />suspended at that time. <br /> <br /> Mr. Roush said if no appeal is filed, the bar use would be suspended as of Thursday. If <br />an appeal is filed, the business would be allowed to continue to operate until the next hearing. <br /> <br /> Mayor Pico felt the earliest date the matter could be heard was September 3. If the <br />business does not appeal, then the question is moot, since the bar could not longer operate <br />without the conditional use permit. If an appeal is filed, the matter can be heard in September. <br /> <br />Ms. Ayala wanted to hear the matter in August and asked how long it would take. <br /> <br /> Mr. Roush said ten days notice is required, so the matter could not be heard before the <br />week of August 23. <br /> <br />Mayor Pico suggested continuing this discussion under Matters Initiated. <br /> <br />Pleasanton City Council <br />Special Meeting Minutes <br /> <br />4 08/06/02 <br /> <br /> <br />