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Ms. Ott stated that the Guidelines revert back to and is supported by the Pleasanton Municipal Code. Mr. Rosen stated that the term used is "maximum continuous repetitive peak." He noted that dishes dropping is almost a separate issue and are generally excluded from noise measurement. He agreed with Acting Chair Blank regarding the metric. Acting Chair Blank stated that someone who has a noise meter might say that he took this measurement, it is audible and there is a tape, and the noise went over the limit for three seconds; therefore, it is a verifiable Code violation and should be brought before the Planning Commission. Mr. Rosen concurred and said it would be defined more precisely that it currently is. Ms. Ott read PMC's definition of "noise level ": "noise level means the maximum continuous sound level or repetitive peak level produced by a source or a group of sources as measured." Acting Chair Blank stated that the challenge is it does not say for how long or how many peaks. Mr. Dolan stated that he would like to explain the reality of noise code enforcement so the Commission does not get too sidetracked on the precise measuring issue. He noted that in this regard, staff does not get that much dispute about the number. He stated that the problems are that people tolerate the noise, then they get angry and call up, and then they make reference to the ten times they did not call and how frustrated they are. He added that there have not been a lot of circumstances where the dialogue was whether it was 69 dBA or 70 dBA or 71 dBA, but the frustration about them not necessarily calling out and pushing enforcement and the fact that we are not necessarily proactive about it. He explained that enforcement is complaint- driven because the City does not have the resources; there is one Code Enforcement Officer who works from 7:00 a.m. to 4:00 p.m., and Police resources are limited as well. Commissioner O'Connor inquired, should it would be necessary to change this in the future, if the answer is to change the Municipal Code or to come back to this document and change how sound is to be measured. Mr. Dolan replied that he does not think there is a problem with the Code. Commissioner O'Connor stated that his reference is if there is more vitality Downtown in the future, resulting in bigger problems or an increase in the number of violations, and better definitions are needed, would the answer be to change the Code. Mr. Dolan replied that ultimately, there will be some conversation about amending the Code He indicated that he actually likes the fact that there is some common sense PLANNING COMMISSION MINUTES, November 14, 2012 Page 13 of 31