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Ms. Michelotti asked how long that would take? Mr. Swift replied that it depends how long it takes to file the application and prepare an operations plan, etc. Possibly two months. Mayor Pico asked if there was an option to allow them to continue the existing operation with different access and filing an application to have a pizza parlor in the front. Mr. Swift said yes. Mayor Pico asked if the appeal is upheld and the club is allowed to continue to operate, what additional avenues are available to the City Council in the event continued improvement in operation or noise reduction is not forthcoming? Mr. Swift said the matter could be referred to the Planning Commission or directly to the City Council. Mayor Pico clarified that there could be an additional condition that could require a subsequent review in a certain period of time before the Council. Mr. Swirl agreed. Ms. Michelotti asked if there was documental3, evidence of incidents and police action. Capt. Radford referred to the police log of calls during August. On August 3, the East Palo Alto police asked them to check for a stolen car in the Marque parking lot; August 4, 1:45 a.m., a noise complaint was received and officers quelled the problem; August 9, 2:04 a.m. another noise complaint of people yelling, music playing, possible gunshot; August 16, midnight, report of fight in progress; August 18, 1:36 a.m. report of gunshots. Both the shots fired incidents could not be substantiated. Those kinds of reports require many more officers to respond. Ms. Dennis referred to the staff concern about imposing more conditions on the club which would then require the police department to make certain the conditions are met. She asked if that were a problem. Capt. Radford said the police department is responsible for public safety and enforcing the law. Planning Department is responsible for making sure those conditions are met and the police department works in conjunction with Planning through the Code Enforcement Officer to make reports available to Planning, so it can make recommendations. He said to enforce conditions at 2:00 a.m. requires more than the Police Department. There would have to be some sort of public safety issue for them to close the business in the middle of the night. Mr. Swift said even if Code Enforcement Officers were present at that time, the choice is not to close the business immediately. The matter would be referred to the Planning Commission or Council for review. All the Police Department can do is to notify staff what is Pleasanton City Council 19 09/03/02 Minutes