CCMIN111902 - Laserfiche WebLink

The roll chh vote was as follows: AYES: Councilmembers - Ayala, Campbell, Michelotti, and Vice Mayor Dennis NOES: None ABSENT: None ABSTAIN: Mayor Pico Item 6d Status Report on compliance with conditions for UP-95-20, The Marque Club, located at 4555 Hopyard Road, Suite C-19. (SR 02:266) Brian Swift presented the staff report. Police Chief Tim Neal presented the report of the impacts of this establishment on the Police Department. Ms. Michelotti said there seems to have been a lot of confusion between the information from the property owner and the operator on the status of the lease. It was her understanding that the lease would terminate the end of November. She had hoped this would be a revocation hearing and not just a status report. She asked if the property owner is aware of the option to renew by the operator? Ms. McKeehan said there is no agreement on that issue. Staffhas a number of different reports from the owner, its representatives, and the tenant and none of them agree. Ms. Michelotti wanted to be certain the proposed hearing would be for consideration of revoking the use for this site, not just the use of the current operator. Mark Cohen, 39510 Pasco Padre Parkway, Suite 190, Fremont, attorney for the Marque Club, said the current staff report is a reiteration of the same arguments made at the last hearing, which the Council rejected. He felt the position of Mr. Swift and the Chief of Police was clear that the club should not be in that location. This report is a reflection of that bias. He felt there were a lot of unsupported allegations and misdirection. The staff report is an adversarial document with occasional begrudging acknowledgment that Mr. Ratinho has been in substantial compliance with the Council requirements. Council, in effect, imposed two conditions. The occupancy was to be limited to 200 people; that has been done. The second condition was that the entry was to be in the rear. The entrance was changed and it has worked. After the September Council meeting, Mr. Cohen met with the City Attorney, Police Department, Building Inspector and Fire Marshall at the site. These people were looking for things that had to be changed and added eighteen additional conditions to the two imposed by Council. While he felt there were due process questions on this, Mr. Ratinho complied with most of those conditions. His letter of September 27, 2002 outlined his compliance with some of those conditions. Others conditions have since been met. Some conditions deal with Americans with Disabilities Act (ADA) conditions, imposition of which he believes is questionable in this circumstance. Mr. Cohen said this is not a question of Mr. Ratinho's failure to comply with conditions. It takes Pleasanton City Council 24 Minutes 11/19/02