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He presented a petition signed by merchants in the shopping center supporting the Marque. He felt the evidence shows the Marque is in compliance with the ordinance in terms of noise. He believed based on the evidence that the Marque should be allowed to exist in its current form. The fact that someone makes a compliant does not mean the club is in violation of the conditional use permit. Many complaints were made that were totally unsubstantiated. He believed the owners are not in violation of the conditional use permit and have worked with the city as best as they can, and that a lot money was invested and he felt it was not fair to take the business away. They want to exist in the present form. The owner is listening to the city staff, wants to continue to employ people who make a living here and to provide an entertainment for people inside and outside Pleasanton. He will continue to generate tax dollars and bring business to Pleasanton. He can do that by making some changes like making the front a Mountain Mike's Pizza Parlor and making the back, which would be partitioned off with a separate entrance, as a banquet facility and when not used for banquets it will function as a dance club. This represents a good faith effort and will cost the owners a large sum of money. The owners are trying to do the right thing. If the club is closed while changes are being made, Council will take away its business because it could not afford to survive while the changes are being implemented. He agreed to reduce the occupancy level to 275, so the large crowds that caused problems in May will be minimized. He noted the club has made a change in format, which has produced a smaller and different crowd. Again, he felt it was an issue of fairness. Treat this club as it treated Toby's. The Planning Commission did not revoke the permit, it just suspended it so people can determine how to work these issues out. The owner cannot live with a suspension because he has to generate an income. This business is owned by one person, Carlos Ratinho, who just wants to operate his business and address the concerns of the neighbors. He noted the neighbors chose to live across the street from a shopping center and a six lane road. He agreed the Marque should do what it can to address the complaints. He felt the problems have been addressed. He also felt that to say the major problems were in May and if you revoke the permit, it is not fair. It is the wrong message to send to businesses in this community. He said he and his client are flexible and would like to find the middle ground. Carlos Rafinho, 4555 Hopyard Road C-19, related his background and said he bought the Marque in May 2001. He asked if Council had received the video tape of their parking lot. He said the first noise complaint he received was in January and at that time there were only a few patrons in the nightclub. The police officer said the noise was coming from the nightclub and he asked for a sound check. Nothing was found and he continued his business. In May he received a letter saying it was still happening. No mention was made in January about problems in the parking lot and at that time the club was only a quarter full. In May, when the business exceeded expectations, he got another letter from the Police Department. He started talking to Sgt. Ron Parker and Officer Bett to see what could be done. One suggestion was playing slow music and he tried that, but it did not work. The problem was the number of people leaving at once. They suggested coning off some of the parking lot exits and he did that trying to direct traffic to the side or back. That didn't work and people were confused, so he decided it was better to open all exits and get people out as quickly as possible. Pleasanton City Council 9 09/03/02 Minutes