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Anne Fox, a Pleasanton resident, provided an article from the Pleasanton Weekly to Council dated September 6, 2002, which featured the City Council's approval of the gasoline station complex and the hours of operation. The article quoted Mr. Hirsch as stating that the car wash will likely operate from 6 a.m. to 9 p.m. and the restaurant from 6 a.m. to 10 p.m. She pointed out that the City's noise ordinance takes effect at 10 p.m., and given some of the earlier discussions regarding closing the restaurant at 10 p.m., the Planning Commission reached a compromise where the applicant could close the drive-through at 10 p.m. and leave the restaurant open until midnight. She believed this might be acceptable to the neighbors. She noted that many cities within California have adopted ordinances to restrict drive-through operations contiguous to neighborhood residential areas because of the noise associated with it. She encouraged Council to reduce the hours of operation in keeping with the City's noise ordinance and also to consider requiring the property owner to construct a sound wall using greenery to hide it. She also encouraged Council to support the Planning Commission's recommendation. Donald Lee, a Whispering Oak Way resident, asked Council to support the Planning Commission's recommendation. In his opinion, erection of a solid sound wall is the only sensible option to meet the General Plan goals of keeping the noise level less than 60 dBA in rear yards and less than 45 dBA inside the homes. Regardless of the noise level generated by the carwash, he believed the service station and Jack-in-the- Box are in violation of the General Plan goal of keeping the level of sound less than 60 dBA at the property fence line. It is clear that the staff report concludes that the noise level produced by idling cars and moving vehicles using the drive-through does exceed 60 dBA and at least up to 68 dBA at the property line. He asked Council to support and agree with him that asking citizens of the City to tolerate intrusions hazardous to health should never be considered as alternative solutions to the public health and safety of its citizens. He added that the pedestrian connection should be closed and also suggested posting signs asking patrons of the drive-through to turn down their radios. Harinder Grewai, a Whispering Oaks Way resident, was concerned about the open area between the neighborhood and the drive-through lane as he could potentially see the safety of children and animals being threatened. He noted that the Livermore Pleasanton Fire Department is being a good neighbor by meeting with his neighborhood to share the potential designs for Fire Station Four and asking for the neighborhood's concerns. The residents were allowed to provide input into determining the final design, which was a very positive experience. He did not believe Bernal Partners LLC reached out to the residents in his neighborhood during the entire process of developing this project and he would like to see some improvements made. Craig & Theresa Moore, East Gate Way residents, presented pictures and a copy of the only disclosure statement they received when they pumhased their home. Ms. Moore said the disclosure statement was very vague. She noted that there have been many revisions made to the disclosure statements over the course of building the homes on the Bernal property. She and her husband were not provided any updates from what they originally received. When they expressed their concerns for the open walkways and drive-through, they were assured that the conditional use permit is what would allow residents to come back before the Planning Commission and be heard. She stated that they were not opposed to the service station when they purchased their home; however, she and her husband never imagined that the City would try and blend Pleasanton City Council 19 09/07/04 Minutes