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conditions of approval last fall. It was a quiet winter, but this spring problems started and continued despite Police and Code Enforcement verbal and written comments. May, June and July had problems virtually every weekend up until the Planning Commission hearing. Mayor Pico declared the public heating open. Mark Cohen, attorney for Carlos Ratinho and the Marque Club, asked for confirmation that his letters of August 19 and August 30 had been received and were a matter of record. He was assured they had been received. He noted that Capt. Radford had not spoken with Officer Parker since the Planning Commission meeting. The assertion that 75% of the patrol force had been used for the Marque applied before the Planning Commission meeting, not after it. This past weekend there were only two patrol cars in the parking lot. This has been an emotional issue for the neighborhood as well as the owners and patrons of the club and has caused the police department to be present to make certain things are under control. He believed it was inaccurate to say this club consistently taxed the police services. Contrary to representations made by staff, efforts have been made by Mr. Ratinho to consistently address complaints brought to them. Security was increased in January after the first letter was received. The club did not hear any complaints that required any additional addressing until May, when it received another letter. The club security is constantly in touch with the Police Department and when things were mentioned informally, they responded. In May, security was increased again and portions of the parking lot were coned off to deal with some of the dispersement issues. He did not believe the owner has been unresponsive. He believed that this all comes down to fairness. He assumed Council has read all his correspondence and he will not repeat that. This problem really began in May and after only three months, the owners find themselves facing a revocation of their permit. The Marque asks for a chance to make changes in response to the complaints. The Masse's problem lasted a year and a half. The fact that there are no neighbors to make complaints does not make the problem less serious. In fact, it was more serious in that case. The main issue here is noise and the compatibility of this club to the surrounding area. He felt the decision had already been made that it could be compatible by the issuance of the conditional use permit and the zoning of the area. He felt it would be an abuse of discretion for Council to now say that this is not a compatible use. There is a noise ordinance in Pleasanton and the club is in compliance with that ordinance. The sound emanating from the premises is less than 60 dB. A sound study was conducted by Wilson Erick and Associates to substantiate this and he presented copies to Council. He said staff has not seen this because he only received it at 5:30 p.m. today. Matthew Golden was available to answer questions. The study was done Saturday night between midnight and two o'clock. The conclusions were that the level of the Marque was below the 50 dB. The conclusion was there was more noise coming from the six lane Hopyard Road than from the parking lot itself. Pleasanton City Council 8 09/03/02 Minutes