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which have been made but not conveyed to us except through this packet that we were able to download just this past week. We will object to the adoption of any of the conditions that are in Exhibit 1. That is based on the letter from our attorney and Board at that time which does not represent the current board insomuch as the Millers have continually refused to accept any of the self- imposed conditions that the Board at that time proposed. The City has pointed out, through a number of letters attached to the agenda item that the lodge is not in violation of the existing CUP. We therefore are willing to accept that opinion and we will be willing to negotiate with the Millers moving forward. We do not understand though why the property is from both Pleasanton's Masonic Center and St. Claire's Church are zoned RM -2,500 when the existing uses have been in place for more than 35 years and as much as the church is running a daycare and hosting multiple indoor and outdoor events during the course of any given week, far more than the lodge is or ever has done, we believe that both properties should be zoned in a manner appropriate for their current uses. The attorney for the Millers makes several references to the fact that the Hall Association, the holding company, has not filed taxes for several years. That is not the case. I would refer you to our CPA but he is out of the country on a trip he planned more than two years ago and he would be able to give you more specific information and this was one of the reasons they sought to postpone this particular hearing. Their attorney also makes several references to the fact that the lodge lost its tax exempt status. This happened simply due to a filing oversight which has since been corrected and the tax exempt status has been restored. The attorney for the Millers makes reference to the fact that our caterer uses the lodge 96% of the time and the lodge only 4 %. This is untrue. The numbers are based solely on estimates the Millers have conjured from thin air. Lodge use, which includes the other Masonic groups which meet there is much greater and the caterer is off -site doing what caterers do— cater. If we applied those same metrics and assumptions to St. Claire's Church, we would find that their daycare facility comprises over 98% of the use and the church not even 2 %. We have, on each occasion when we've rented to an outside party over the last several years, made diligent use of a sound meter and have taken readings near our fence line at multiple times during the event. In most cases the levels were below the required level. A little experimentation; however, revealed that by judicious selection of ranges and waiting of volumes above those limits could be obtained. It is important to note that the proper setting is dB A as specified in the code. We do not know what the Millers may have used when they made their readings. It also should be known that on rare occasions when volumes were obtained which were above the limits, the person taking those readings immediately affected a reduction in volume, returned to the spot where those readings were taken to confirm that the levels had been reduced and the noise level limits were being met. It should be noted also that during many of the times, particularly at night, the noise level from Hopyard Road traffic exceeded the levels coming from the lodge building and sometimes the road noise along exceeded the limits. We've also heard a number of times that the Millers referred to parties consisting of between 150 and 600 people. That has not happened in quite a long time. They make allegations that we have parties all the time. The last party that we had that involved a group playing music was last August. We do not rent very often. We do rent, however, to Chabad of Tri- Valley which is a Jewish synagogue. So I just wanted to make sure you were informed of all of those little items. Thank you very much. EXCERPT: PLANNING COMMISSION MINUTES, June 22, 2016 Page 18 of 52