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patrons by filming them. The Marque employees 25 employees who will lose their jobs if the business is closed. He felt they were doing their best to work with the City and make things better. Therese Pimentel, 6006 Audrey Court, referred to the statements made by the Marque that the problem started in January 2002. She has been complaining since April and May of 2001. This has been going on for a year and a half. She felt Mr. Swift and Mr. Davis would agree since they have been working throughout the summer of 2001. Mr. Davis spoke with the owners of the Marque and they did attempt to comply at that point. Mr. Cohen said it all comes to the noise. She felt the noise has not stopped. She made a complaint to the police as late as last weekend. The problem may not be as bad as it was in May, June and July, but it is still there. She is awakened at 2:00 a.m. She said she would like to see the sound study. When the police took its measurement of the sound, it could not measure the bass. She said her house vibrates from the bass. She referred to the petition presented by the Marque signed by managers or owners of other businesses in the shopping center, but they did not say they threatened one owner who refused to sign the petition. She said she did meet with the owner and manager of the Marque and listened to them for over an hour. She was told they had optioned a five year lease, yet when she spoke with the landlords representative, Beverly Howe, she said there is no such option in place. Technically, Carlos Ratinho is an illegal tenant and there is no sublease. The lease belongs to Tommy Thompson and he was to exercise his option on May 1 st and he did not. Her husband spoke with the assistant to Mr. Thompson who said they do not want anything to do with this and want out of the lease. She felt the reason the Planning Commission suspended the permit instead of revoking it is because they wanted to give Carlos a chance to sell the business to Shaboom. She spoke with Frank Finelli of Shaboom, who said if he could get them to stop the noise, would she not go to the Planning Commission. She replied that if the noise stopped, there was no problem. Mr. Finelli called the Marque and nothing changed. She said Carlos could have sold the business as of September 1 and made all his money back, but Mr. Finelli said he did not want to ask for a permit again. He has operated within the City of Pleasanton for too long. Mr. Ratinho says he will lose his livelihood, but he told the Planning Commission that he did not want to be in the nightclub business, that he did not want the business and had it only by default, that he tried to sell it, and that he makes his money from his Mountain Mike's Pizza restaurant. He has told her that if he was able to operate that the nightclub would have no more than 100-125 patrons in the back, yet he just told the Council that he wanted 250-275. She was happy to see he had so many people supporting him, but wondered how many were Pleasanton or Val Vista, residents who are bothered by the noise. She wondered if the security personnel were licensed security guards. The use permit requires licensed security guards. She is not harassing them. She just wanted to be able to sleep at nights without fights, tire screeching and guns going off400 feet from her back yard. James Hvidt, 6006 Audrey Court, husband of Ms. Pimentel, agreed their backyard does back up to a six lane road, but normally the road quiets down at eight or nine at night. When the problem happens it is about 1:30 a.m. and Hopyard is quiet. The Marque owner says there is no possible way he could be awakened by noise from the bar, but he would invite anyone to come to his house to see if they can hear the noise. He did not know there was a bar there when he bought his house. He asked how there can be a conditional use permit that goes from one business to the next without it being reviewed when the new business opens. He felt that process Pleasanton City Council 14 09/03/02 Minutes