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the Commission to allow him to operate his business based upon his exemption until <br />such time as he obtains his daycare license. He indicated that he is willing to have the <br />Commission condition his program to be open only for 16 hours or less per week. He <br />stated that kindergarteners in Pleasanton are out of school at 11:30 a.m., and he will not <br />need to pick them up. He noted that there are four other existing facilities in <br />Pleasanton, having the same program as his and having approvals using an exemption <br />like his that pickup kindergarteners at 11:30 a.m. <br />Mr. Pfund reiterated that this is his dream and that he has done this for 30 years. He <br />stated that he knows the Commission wants to do the right thing and requested the <br />Commissioners to think back to a time where something was insurmountable but they <br />did not give up and in the end, they got what they wanted. <br />Commissioner Narum asked Mr. Pfund what requirements he was missing and what <br />kind of timeframe he has been told regarding when he would get his daycare license. <br />Mr. Pfund replied that he has completed all of the requirements except the background <br />check, which he submitted back in April of 2008. He noted that he has no convictions <br />so he should be able to get his background clearance. He added that he has completed <br />his fingerprint Live-scan process and that he calls them every other week, but they <br />cannot tell him when the process will be completed. He stated that his files were initially <br />misplaced and had to be tracked down, but everything will be completed and will be <br />ready to go. <br />Chair Blank asked Mr. Pfund if he has completed the three semester units. Mr. Pfund <br />replied that he has completed all the requirements except the three ECE units, which <br />the State allows to be completed within one year from the date of application. <br />In response to Chair Blank's inquiry if the only thing pending is the background check <br />portion, Mr. Pfund confirmed that was the case. <br />Commissioner Fox stated that she thought the background check was supposed to be <br />completed in August and that the project was not going to come before the Commission <br />until it was completed. Mr. Dolan stated that he did not recall a conversation where staff <br />committed to wait until the background check was completed. He noted that staff knew <br />Mr. Pfund had applied for the background check and assumed it would be granted; he <br />did not recall committing to wait on it, as it appeared to be a routine process. <br />Commission Fox referred to timing and asked if Mr. Dolan was aware that Mr. Pfund <br />would come to the Commission and would ask to reconsider him as a private recreation <br />facility. Mr. Dolan replied that he was not aware Mr. Pfund would specifically do this. <br />He stated that staff met with Mr. Pfund last week and discussed the potential additional <br />requirements relating to the occupancy, which Mr. Pfund indicated he had some <br />significant concerns regarding his ability to do this. He added that since that time, there <br />have been conversations with the Building and Safety Division about how to address <br />this specific issue and there has been the possibility that the solution is not necessarily <br />PLANNING COMMISSION MINUTES, November 12, 2008 Page 9 of 29 <br />