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Angelo Eiras, 44 Montgomery Street, Suite 1600, San Francisco, said one of the concerns of the Planning Commission was that the Marque have adequate notice and time to make changes to correct the identified problems. Due to the lateness of the hour when the matter was heard before the Planning Commission, he was not able to present the chronology of the notice provided by the Planning Department. In January, Mr. Ratinho received a letter regarding excessive noise. The Code Enforcement Officer Darrin Davis issued a compliance order. After that, there is nothing in writing from the City until May 28 when Mr. Ratinho received a letter saying the City is getting complaints of excessive noise. He increased security and told people to make sure the patrons are leaving the parking lot without making excessive noise. He heard nothing further until he received the notice of hearing before the Planning Commission. Mr. Ratinho sent a letter to the City on June 28 saying he thought his business was being unfairly targeted by a resident who thought it was creating too much noise. Mr. Ratinho had no indication there were problems other than the noise. On June 9, he received a notice of hearing and not until July 16 did he receive any documents regarding the Police Department's monitoring of the Marque. Eight days before the hearing, he received a letter from Sgt. Parker saying there were problems at the Shell Station and other noise issues. On that same date, the Marque management received a petition signed by 18 people and they then realized there was more than one person complaining. To address those concerns, Mr. Ratinho immediately wrote a letter addressing everything identified and reported by the city. The hearing was July 24 and there was not enough time to hire counsel. He tried to state their case before the Planning Commission and it decided to suspend the conditional use permit. Everything that was identified as a problem has been corrected and he felt they had done a great job. Ms. Michelotti asked if Mr. Eiras was involved in the business? Mr. Eiras said he was related to Mr. Ratinho. He had called him to seek help in getting legal representation, but by the time he received the documents on July 16, Mr. Eiras felt there were issues that needed to be addressed. The letter of July 18 was sent to Eric Kishi in the Planning Department. He spoke to Mr. Kishi who told him that Darrin Davis was on vacation and only he could address the issues. Mr. Kishi said his letter would be forwarded to the Police Department. On July 24 at the hearing, he asked Sgt. Parker if he had seen the letter and he had not. On July 20 a number of officers had been dedicated to the Marque. The letter had been to let the Police Department know that there were new measures to take effect. Richie Cabral, 7581 Silver Tree, indicated he was one of the managers of the Marque. He said he wanted to respond to some of the statements made tonight. The Police Department may have sent 75% of the patrol force to the Marque, but not since the Planning Commission hearing. Only four hours have been spent there in the last six weeks. He felt there were no more complaints. He reiterated the hiring of sixteen security guards. In January when the first complaints were received, Mr. Davis contacted him and said the music was too loud. He came to the club and Mr. Cabral showed him that even with the doors open, there is no way the person across the street could hear it. The complaints came from one individual and he felt she has been harassing the business. She will not admit it is getting better, she just wants the business closed. He felt the business has improved. He felt she did not want to hear any proposal they had to work things out. He said she bought her house when the nightclub was not operating, but now that it is in business she wants it out. She has come with cameras at 2:00 a.m. harassing their Pleasanton City Council 13 09/03/02 Minutes