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DRAFT Mr. Pfund further noted that at that same meeting, Commissioner Pearce stated that the Commission approved that tutoring facility because the facility has a letter from CCL which exempts it from licensing. He also pointed out that Ms. Decker stated that the City relies on the expertise of the State in determining whether or not a facility is licensed as the State has the authority to determine that. Mr. Pfund stated that he had presented a letter to the Commission from Ms. Bobincheck, whom the Commission has acknowledged is the person in charge from State Licensing and that the Commission relies on the State's expertise. He noted that the letter talks about a private recreational facility, which is another exemption that exists in the State, explaining that the main difference is that in order to achieve this exemption, one must operate for more than 15 hours and for less than 12 weeks at a time. He stated that Ms. Bobincheck granted him this exemption because she acknowledges that he is not running a private school but an after-school program for children during certain hours of the day. Mr. Pfund stated that he is at the tail end of applying for his daycare license, which he believes he will get in possibly two to three months. He noted that his landlord has been considerate but that he has told Mr. Pfund that he [Mr. Pfund] must make a decision by December as to whether or not he will stay on the site and pay the full rent or leave. Mr. Pfund indicated that he cannot wait for the daycare license and requested the Commission to allow him to operate his business based upon his exemption until such time as he obtains his daycare license. He indicated that he is willing to have the Commission condition his program to be open only for 16 hours or less per week. He stated that kindergarteners in Pleasanton are out of school at 11:30 a.m., and he will not need to pick them up. He noted that there are four other existing facilities in Pleasanton, having the same program as his and having approvals using an exemption like his, that pick up kindergarteners at 11:30 a.m. Mr. Pfund reiterated that this is his dream and that he has done this for 30 years. He stated that he knows the Commission wants to do the right thing and requested the Commissioners to think back to a time where something was insurmountable but they did not give up and in the end, they got what they wanted. Commissioner Narum asked Mr. Pfund what requirements he was missing and what kind of timeframe he has been told regarding when he would get his daycare license. Mr. Pfund replied that he has completed all of the requirements except the background check, which he submitted back in April of 2008. He noted that he has no convictions so he should be able to get his background clearance. He added that he has completed his fingerprint Live-scan process and that he calls them every other week, but they cannot tell him when the process will be completed. He stated that his files were initially misplaced and had to be tracked down, but everything will be completed and will be ready to go. DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 11/12/2008 Page 6 of 25