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DRAFT this is not achieved, the State would then revoke his license, and the City approval would be revoked as well. He noted that Mr. Pfund can then move forward until he is able to finally satisfy the State's requirements. Commissioner Olson stated that he did not want this to be open-ended and asked Mr. Pfund what kind of timeframe he would be comfortable with. Mr. Pfund replied that the academic sheet, which is separate from the other requirements, certifies that he meets the requirements for site Director, which does not necessarily mean that he must show the State that he has a clear background. He stated that if he were to hire an employee for his daycare center, the State does not require him to show that the employee's background check has been done; however, when the State makes surprise inspections in the centers, the State inspector will have the operators pull every record and analyze them on site. He noted that the inspector has the right to take the children into another room and privately interview them about the site operations. He indicated that it is at this time that the operator must show the State that he has a license. Mr. Pfund continued that if the Commission conditionally approves him to operate for a certain amount of time using this exemption, it is his intention to get the daycare licensing and proceed with the process. He indicated that if the Commission does not grant him approval, he will be out of business because he cannot come up with the rent to pay his landlord in December. Mr. Pfund stated that he was not certain how long it would take to complete the background check. He explained that the reason there is a lot of information from Dublin is because a student who was in his academy in 2002 accused him in 2004 of molesting him. Mr. Pfund stated that he was arrested, put through two years of pressure, and in 2006, with his eyewitnesses, polygraph test, and psychological examination demonstrating to the court that he has no characteristics of a pedophile, the District Attorney dismissed his case and it never went to trial. He stated that he was cleared, has had no convictions, and has had no run-ins with the law. He added that he does not drink and he is a role model; he has done martial arts for 30 years, and his teachings make him a strong role model. He noted, however, that the arrest hangs on his record and it is serious. He stated that his background check should be granted because there is nothing on his record, but because of the arrest, the matter is being investigated thoroughly, eyewitnesses are being called, and records are being checked, after which it will go back to the supervisor, who is trying to expedite his case. He indicated that the supervisor could not provide him with an answer as to how long the investigation will take. Mr. Pfund stated that Suzanne Bothwell, Barbara Bobincheck, and Fred Gill who is the manager of the entire Bay Area, all know about the arrest and what Trust Line, the background check processor, is doing, and they still have granted him approval. Commissioner Olson stated that from his point of view, he felt there is need to put a time limit on any kind of conditional approval. Mr. Pfund stated that summer starts in six DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 11/12/2008 Page 8 of 25