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said yes and noted that the applicant must comply with all of the State requirements, which includes a background check. Commissioner Fox indicated that the State has given the City a certification regarding Director requirements and has faxed her a document stating that three units of administration are needed as well as three units or 60 training hours in early childhood education (ECE), child development, or school-aged child classes. She noted that there is correspondence in the pumpkin-orange book where Ms. Bothwell is responding that she told Commissioner Fox the applicant had ECE credits, but she was mistaken because she was looking at someone else's application. She asked whether or not the applicant requires three units of ECE credits. Ms. Amos replied that he may require those credits, which are required by the State. In response to Commissioner Fox's inquiry if the childcare license was contingent upon the applicant getting the ECE credits, Ms. Amos replied that he must meet all State requirements, which includes the childcare license. Commissioner Fox inquired if the City could grant the applicant a temporary conditional use permit if the State issues him a license on a temporary basis. Ms. Seto replied that this could be the case because one of the conditions requires him to have the proper daycare license. THE PUBLIC HEARING WAS OPENED. John Pfund, Tri-Valley Martial Arts Academy, stated that he feels like a victim in the Spanish Inquisition. He indicated that he knows the Commission wants to effect change and asked the Commissioners why they are Commission members as opposed to doing anything else. He stated that he has a dream that he is presenting to the Commission and requested the Commission to let common sense prevail and give him a fair shake. Mr. Pfund stated that he would first address the issue of guns. He noted that in his training program for adults, jujitsu instruction is very highly recommended in his community. He added that he always gets a fair number of law enforcement officers who come to him for training, and as part of being a law enforcement, federal, or military officer, it is important that they receive correct defenses in the event that someone points a gun at them. He indicated that he uses rubber guns with no functioning parts and has never used live firearms in training. He noted thattheseguns are molded plastic rubber and are the same guns used by law enforcement and other martial arts schools for training. He requested that the condition on the use of rubber training guns be permitted in the adult classes of his program. Mr. Pfund noted that the last time he was before the Commission, the Commissioners all agreed that he had a great program, but they were looking for something else because of the hours he had in his exemption. He noted that he has taken all of the steps to get a daycare license and that he has been approved by State Department of PLANNING COMMISSION MINUTES, November 12, 2008 Page 7 of 29