03 ATTACHMENTS - Laserfiche WebLink

DRAFT that it is out of staffs normal and reasonable scope of responsibility to know who set the fire or who was in the bus at the time. He noted that the lease does not allow Mr. Pfund to abandon vehicles on the premises and that any non-operational vehicle on the site would be towed immediately. He added that Mr. Pfund is also not allowed to store trash, which must be stored in a trash enclosure, and requested that that condition be modified. He stated that Mr. Pfund must maintain all facilities and comply with all State and Federal laws. Regarding specific conditions recommended by staff, Mr. Balch requested that three conditions be amended: (1) Condition No. 9, parent/guardian consent awareness of the lacquering process next door. He noted that Carl's custom cabinet is doing business in an adjacent premise and After Market Distributing which operates as a lacquering company. He noted that if either of the tenants moved out, Mr.Pfund would still be required to comply with a condition that would no longer be relevant. (2) Condition No. 13, outside storage. He noted that the City actually requires that a trash enclosure be installed with a dumpster in it. (3) Condition No. 15, signage. He noted that Valley Business Park has an approved sign program, and tenant signs do not require individual City permits if the signs are within terms of that program. With respect to other elements, Mr. Balch stated that staff has conducted a lot of research and noted the answer to Question 14 in relation to Commissioner Fox: "My supervisor is finding it difficult to accept the time I've spent explaining our job responsibilities from an individual who has some other agenda, especially since other parties except one besides John, have no problems getting exemptions from your city. ... I have been working here for 10 years. Please understand that child safety is my highest priority and in my position as a licensing program analyst with the highest regard to the Department's commitment, the needs of the families and communities being served by this department, and parties interested in earning and maintaining child care licenses. I appreciate your interest in being informed on these issues. This department specializes in licensing centers and your department determines whether someone will be using a piece of land in accordance with the expectations of your community. Please let us do our respective jobs as expected." Mr. Balch stated that he believes this has been a witch hunt, which is sad. He said Pleasanton is not the community of character he thought it was. He commented that Mr. Pfund has died a death of a thousand cuts and bled slowly his savings to a point where he could have just been cut off back in August when his first application was done, and he would at least have been able to move to another City without being so far in debt. Mr. Pfund pointed out that 2004 is history and that with a fresh start, he is certain City staff will acknowledge that for the last year, he worked very hard to comply with whatever needed to be given to the City in a timely basis and that he is here to cooperate. He stated that he does not want to go to another city and pointed out that the City of Dublin never revoked his conditional use permit and had this event not occurred in 2004, he would still be there. He noted that Dublin gave him 90 days to ~R.ar ~ ~ni,~r<r i s rv~rvNlNV COMMISSION MINUTES, 11/12/2008 Page 12 of 25