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business. By using the Masons' tax returns, the Millers showed that the Masons' commercial revenues (from the catering company and party venue) were two to four times the Masons' fraternity revenues (from membership dues). Furthermore, the Millers estimated that the hours -of -use of the lodge were 96% for commercial uses and 4% for fraternity uses. • Consider this analogy. You are driving down a street when you are hit by a car who ran a red light. An officer drives up to the scene of the accident, and you expect the officer to ticket or arrest the driver of the other car. But instead of enforcing the traffic codes, the officer says, "Let's negotiate." Your first question may be, "Why are we negotiating when there was a clear violation of the codes ?" So now you have to spend your time researching the traffic codes and eventually hiring an attorney to prove that the officer should have written a ticket to the driver of the car that hit you. The appropriate and correct approach would be for the officer to enforce the law and write a ticket. That is what the City should do to those who violate their CUP, the zoning ordinances, and the General Plan —not negotiate but rather enforce the codes. 7. Page 3 of the 2015 Staff Report discusses the March 25, 2009 Planning Commission meeting and states: "The commission also requested that a study be initiated to evaluate noise impacts." • This statement by the City is incorrect and misleading because the City omits that it was the Masons who were required by Condition #2 in the 2009 staff report to do the noise study, and subsequently that the Masons refused to do the noise study. o In the public hearing regarding Millers vs. Masons held on March 25, 2009: • The City proposed 7 new conditions. • Condition #2 proposed by the City stated: • "The Pleasanton Mason Lodge shall consult an acoustic professional to explore mitigations to alleviate noise level. The acoustic professional shall be one that is on the City's consultant with. The consultant's report shall include mitigations and recommendations, if the anticipated noise levels are found to exceed the Noise Ordinance and the General Plan standards. The report shall be provided to the Planning Division within 90 days from the date of the approval.... No non -lodge functions shalt be held until mitigations in the acoustic study have been implemented to the satisfaction of the Director of Community Development." • On April 3, 2009, Planner Donna Decker emailed the Millers stating, "Brian is out of the office ... He is coordinating with the Masons to retain a consultant to provide the study and will outline the scope of the work." • On April 6, 2009, the Millers' attorney, David Austin, emailed the City stating, "We have retained Derek Watry of Wilson Ihrig & Associates as a qualified acoustical consultant to assist us in connection with these proceedings. He will be engaged to review and comment on the suitability and effectiveness of the noise ordinance compliance study (conducted by the Masons] that will be conducted on the activities of the Masons at the 11