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03 ATTACHMENTS
City of Pleasanton
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CITY CLERK
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2009
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010609
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03 ATTACHMENTS
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12/22/2008 3:18:53 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
1/6/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
03 ATTACHMENTS
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DRAFT <br />correct some things, which were correctible. He added that the City of Dublin gave him <br />the permission to operate under the exemption without a license, but they did not <br />require him or his employees to complete the background check. <br />Mr. Pfund stated that he does not want to be a licensed day care since he is an <br />after-school recreation program, but if he has to get a license he will. He added that he <br />believes the only reason the Commission is wanting him to be licensed is because he <br />went over the 16-hour limit. He requested the Commission to allow him to open for six <br />months and to build up his clientele, and then ask him to come back and talk about <br />whether he actually needs a childcare license or possibly have a condition could be <br />placed on him and his employees. He indicated that he teaches his students everything <br />they need to do so as not to be attacked by bullies or child molesters. He stated that he <br />would never give a daycare license to someone who is a child molester, and the issue is <br />dismissed and should not be in the room anymore. He stated that he wants to make his <br />business work and that America was founded by people who never give up. He stated <br />that it is unfortunate that none of the Commissioners have ever seen his program in <br />operation. He suggested if he is allowed to operate for six months, the Commissioners <br />should drop in on the program and look at what he does, 90 percent of which is martial <br />arts and 10 percent is homework. <br />Chair Blank asked Mr. Pfund if he would have any issue about restrictions for overnight <br />activities. Mr. Pfund replied that he would not oppose such a condition. <br />THE PUBLIC HEARING WAS CLOSED. <br />Commissioner Fox expressed appreciation for the timeline provided by staff and <br />inquired what the City Council vote was on May 6, 2008 when a childcare license was <br />required. Ms. Amos clarified that the Council did not require Mr. Pfund to go back to <br />State Licensing, it simply acknowledged what the Planning Commission also believed <br />that he had the appearance of operating a day care operation and denied the project, <br />upholding the Planning Commission's decision by a vote of 5-0. <br />Commissioner Fox inquired if the Council's decision was also without prejudice as was <br />the Planning Commission's in February. She noted that when the City Council heard it <br />on May 6, 2008, it did not agree that it was a private facility but rather, a childcare <br />center-like business. She inquired if the applicant has an opportunity to come back to <br />provide proof of licensing. She stated that she believed the Commission could re-hear <br />his application if it was a different application, with the license, and it would be noticed <br />as a childcare center. <br />Ms. Amos replied that the Council upheld the Planning Commission's decision without <br />prejudice. Chair Blank agreed. <br />Mr. Dolan stated that the Planning Commission would have to decide whether or not Mr. <br />Pfund's variation on the request is different. He noted that with the six-month trial <br />period, it would be different than what was proposed in the past. Commissioner Fox <br />DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 11/12/2008 Page 13 of 25 <br />
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