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__ over 60 dBA was when large trucks were traveling down Bernal Avenue. He asked at what level would the noise be once a sound-attenuating redwood fence is built? If a solid fence is built, Mr. Svinth estimated that the sound level would be reduced about 8 dBA near the residential property line. Mr. Di Geronimo referred to comments made regarding how the operating hours of the Jack-in-the-Box current operating hours are inconsistent with the noise ordinance, which is not the case. He noted Section 9.04.040 of the Noise Ordinance states that after 6 a.m., a business is entitled to 70 dBA's and 60 dBA's is allowed from 10 p.m. to 6 a.m. He believed there is no basis for the Planning Commission to adjust any of the morning hours. Under the City's Noise Ordinance, the noise level means maximum continuous sound level or competitive peak level. He also noted that Section 9.04.035(A) of the Noise Ordinance also mentions that the measurements are taken from the property plane between the two commereial districts, which he believed meant the street between the two properties. The whole point of Jack-in-the-Box and Bernal Partners LLC's appeal was that there was nothing presented that showed there was any violation of the City's Noise Ordinance. He informed Council that Jack-in-the-Box does not object to adding the installation of a courtesy sign at the entrance to the drive- threugh requesting pattens to turn down their radios as a condition. He pointed out that most Jack-in-the-Box restaurants operate 24 houm a day and Jack-in-the-Box located at Bernal Corners has already made efforts from the beginning to be a good neighbor by compromising to close at midnight. If properly designed, the wooden fence would result in an approximate 8 dBA reduction in sound levels. Mayor Pico closed the public hearing. Mr. Brozosky asked if the Police Department had any concerns with respect to safety? Mr. Swift said that the Police Department did not relay any issues to staff with respect to safety other than those issues that have been addressed by the neighbors. Mayor Pico asked if the major issues as listed on pages two and three of the staff report compare staff's recommendation against the issues that the Planning Commission recommended? Mr. Swift said that the major issues that were listed on pages two and three of the staff report did compare staff's recommendation against the issues that the Planning Commission recommended. He did not believe there were any additional issues that were raised by the neighbors that were not already addressed. Mr. Brozosky was opposed to building a masonry wall. He favored building a sound- attenuating eight-foot tall redwood fence, which he believed would fit in with the neighborhood. Mayor Pico favored building a self-closing gate for the walkway, which could become a potential barrier to smaller children and not attract transients that might want to park in the neighborhood. Pleasanton City Council 23 09/07/04 Minutes