18 ATTACHMENT 07 - Laserfiche WebLink

Page 1 of 2 Natalie Amos From: Julie Harryman Sent: Tuesday, January 08, 2008 9:10 AM To: Donna Decker; Natalie Amos Cc: Lisa Tarnow Subject: FW: Pfund From: scoff@handelaw.com [mailto:scott@handelaw.com] Sent: Monday, January 07, 2008 4:15 PM To: Julie Harryman Subject: Pfund Thank you for speaking with me this afternoon. Mr. Pfund did submit the revised application on Friday Jan 4. As we discussed, Mr. Pfund justifiably relied on the planning dept. permit to enter into athree-year lease, and he therefore went ahead to lease the premises and build out and open his martial arts school. His capital outlay was significant. His is exposed to breach of lease damages if he cannot operate his school is great. It is my understanding that the school is now providing its services to at least 10 children. The children and their parents have relied, by proxy, on the City's approval of the permit in the first place. The children are learning valuable skills and the parents are extremely happy with John and how he operates the school. We can obtain declarations from these parents if the City would like. The Dept of Social Services, in its Dec 31, 2007 letter, has indicated that the school does not need a license to operate. Now, there should be no concern of the City on that issue. Parking is also not an issue. Quarry Lane School is right across the street. I believe the inconsistencies the City is concerned about have now been removed in the present application. However, as I did not write it or review it before its submission, please let me know if there is some way I can assist Mr. Pfund submit an acceptable application. Please ask Ms. Decker if she and the Planning Department will please reconsider the extreme decision to prohibit John Pfund from operating his school. If this decision is not reversed, Mr. Pfund surely faces loss of his business, a lawsuit for breach of lease, and other resulting damages. He simply cannot cease operations for well over one month, or even more, while the Planning Commission reviews the newly submitted application. Please give John a break. There really is no harm to the City permitting him to operate while the application is being considered. If the City ultimately denies the application, Mr. Pfund has other legal rights he may pursue. For the time being, it just does not make sense for either the City or Mr. Pfund to be involved in litigation over this rather benign matter. But the consequences to Mr. Pfund are irreparable. Handelman Arteaga LLP 540 Lennon Lane, Suite 700 Walnut Creek, Ca 94598 Telephone: (925) 280-2500 Fax: (925) 280-2525 1/10/2008