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06 ATTACHMENT 5
City of Pleasanton
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06 ATTACHMENT 5
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11/30/2016 1:07:49 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/20/2016
DESTRUCT DATE
15Y
DOCUMENT NO
06
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06
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\CITY CLERK\AGENDA PACKETS\2016\092016
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aforementioned location." That is, the Millers were only hiring a consultant <br />to ensure that the Masons' noise study was performed fairly. <br />• On April 6, 2009, Planner Donna Decker emailed the Millers' attorney David <br />Austin, "The City is currently working with the Masons and imparting the <br />direction given by the Planning Commission. As we learn more of the scope, <br />timing and how the study will be conducted, we will contact you." <br />• On May 13, 2009, the Millers were emaiied by Mr. Dolan that the Masons <br />refused to comply with the condition to hire a noise consultant. Mr. Dolan <br />stated, "The Masons have informed us that they will not fund a noise <br />study." <br />• On June 4, 2009, the Millers sent an email to Brian Dolan asking, "Are you <br />now saying that we are financially responsible for the noise study ?" <br />• In an email on Jun 4, 2009, Brian Dolan states, "(The Masons) have refused <br />to do the (noise) study....1 am not sure how the Planning Commission will <br />react to that position but it is unlikely that it will help them.... Whether you <br />fund a noise study is up to you." <br />• On June 12, Brian emailed the Millers stating, "I am trying to decide when to <br />reschedule the Masons' use permit at Planning Commission ..." However, <br />that meeting was never scheduled. <br />• The Millers' attorney, Mr. Flashman, stated that there were consequences <br />to the Mason's actions to not do the noise study. Because the Masons did <br />not comply with the conditions from the 2009 hearing, the original 1977 <br />CUP is in effect, which the City should enforce. <br />8. Page 3 of the 2015 Staff Report discusses staff conducting its own noise study, and states: <br />"Since the hearing in 2009, staff has contacted ... an acoustical consulting firm to <br />conduct a noise study during an event at the Masonic Center. Over the course of <br />one year, staff monitored the Masonic center event calendar, but did not <br />identify a suitable event at which to conduct noise monitoring. Thus, no noise <br />study was conducted." <br />• This is incorrect. First, the Millers were unaware that the City was conducting their own <br />study after the Masons refused to do the noise study as required in Condition #2 of the 2009 <br />hearing. <br />• The Millers emailed Brian Dolan on 2/16/2010 complaining about another Masonic party <br />over the weekend, for which the Millers did call the police. Brian Dolan emailed back stating, <br />"We had been waiting until we had measurements from a scheduled event but in light of <br />the events this weekend, we are contacting Chris Chamberlain to ask for a meeting." <br />Therefore, there absolutely was a "suitable event" to conduct noise monitoring. <br />9. Page 3 of the 2015 Staff Report discusses additional complaints received since the March 2009 <br />hearing: <br />"Since the March 2009 Planning Commission meeting, ... the City's code <br />enforcement division received two complaints from the Millers related to noise <br />generated at the Masonic center: (1) a baptism in the afternoon of Saturday, <br />October 5, 2011, and (2) a birthday party in the afternoon of Saturday, <br />November 9, 2013." <br />14 <br />
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