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Mr. Cohen felt that was the issue reviewed by Council at the last hearing in September. <br />Mr. Ratinho presented plans to modify the use of the site and Council felt those plans would <br />mitigate some of the perceived problems. He believed the idea of the use was the issue and <br />Council approved the use by giving the applicant time to pursuant plans to modify the intensity <br />of the present use. Staffis using the same argument and facts that were made in September with <br />the addition of unfounded speculations. Pleasanton has a few bars and he was confident that on <br />Friday or Saturday nights the police arrest a few drunk chivers that are unrelated to The Marque. <br />Does the City go back to these bars and see if they have any pem~its that ought to be revoked? <br /> <br /> Ms. Michelotti referred to the conditions of the original conditional use permit and <br />quoted Condition 3, which allows revocation of the conditional use permit if there are problems. <br />She felt Council had gone out of its way to give as much leeway to this use as it could and it is <br />not working. Now staff cannot get an answer about whether or not there is a lease. She has tried <br />to be fair and she now has a different opinion. <br /> <br /> Mr. Cohen felt Council had been fair and reached the right decision. What it is being <br />presented with at this time are unfounded allegations by a Planning staffthat has a particular <br />position. <br /> <br />There were no fmther speakers, and the hearing was closed. <br /> <br /> Mr. Pico said the plan from the first hearing was to review this issue in January and he <br />still believed that time frame was appropriate. At that point in time, the Marque could present <br />their facts and Council can review what improvements have been made and what has happened <br />with the lease. Council can decide then whether to revoke the permit or not. He did not th'ink it <br />was appropriate to try to squeeze this in before Christmas. There has always been concern about <br />public participation around the holidays. <br /> <br /> It was moved by Mayor Pico, seconded by Ms. Ayala, to schedule a revocation <br />hearing on this matter for either the first or second meeting in January 2003. <br /> <br /> Ms. Dennis would like to have this hearing sooner. She felt it was a definite problem that <br />patrons are leaving the bar drank. She believed it was the responsibility of the owner or manager <br />to prevent people from driving away in that condition. <br /> <br /> Chief Neal indicated the Police Deptahnent was working with the Depat hnent of <br />Alcoholic Beverage Control concerning the Club. The bottom line is that responsible bar <br />management means training the wait staff to talk to patrons about who is driving home and <br />whether a taxi should be provided. According to the Highway Patrol, four people are dead as a <br />result of two people being served too many cocktails at the Marque. <br /> <br /> Ms. Dennis referred to a recent incident involving serving underaged individuals. She <br />was concerned about postponing this until January. It is not a matter of painting handicap spaces <br />in the parking lot, she was concerned something bad could happen between now and January. <br />She wanted to hear the matter sooner rather than later. If Mr. Ratinho wants to pursue use of the <br />space as a restaurant, that was fine, but she thought this particular use was not going well. <br /> <br />Pleasanton City Council 26 11/19/02 <br />Minutes <br /> <br /> <br />