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that she has exhausted all options for a suitable location, including the purchase of a business condominium that fell through due to its proximity to cellular towers, and she asked the Council to support the Planning Commission's decision. Vice-Mayor Cook-Kallio asked how many current students are kindergarten-aged or may be in attendance more than a couple of hours per day. Ms. Zheng said there are currently eleven students in that age range and she added that they do not plan to have more than fifteen enrolled. Mayor Hosterman acknowledged the tremendous turnout in support of the school. Peter MacDonald, the applicant's attorney, said that Ms. Fox is asking the City Council to second guess the way a State agency applies its own rule. He noted that those rules clearly state a basis for exemption on anything that is essentially an afterschool organization catering to children of this age range and that the use of the term tutoring school has been a longstanding practice of the City of Pleasanton. Mr. MacDonald and his client support the conditions of approval with the exception of condition 21; the applicant is willing to make reasonable attempts to offer fresh air and exercise periods, but does not approve of the condition's wording which puts City staff in the position of managing the school's daily curriculum. He said that the Little Ivy League School's quality faculty and programs provide an incredibly important service to the Chinese families in Pleasanton who seek a safe, adult supervised environment for their children. Pleasanton however, does not have a lot of location opportunities for facilities such as this and those that are appropriate are unavailable. The applicant has found an ideal facility in the Korean Presbyterian Church; the Hacienda Business Park supports its use and this application, as does the State and Planning Commission. Mr. MacDonald suggested that the City should focus on land use compatibility and avoid entangling its staff in the ongoing management of private school curriculum. He asked the Council to approve the staff recommendation and conditions of approval, except as expressed regarding condition 21. Jay Cho, Tri-Valley Presbyterian Church, reiterated Mr. MacDonald's comments and added that the church welcomes this opportunity to maximize its use and synergistically support the Pleasanton community. Penelope Dong said her two children attend LIL and she is very impressed with the quality of the school's staff and curriculum which provides educational and behavioral programs in addition to Chinese lessons. She doubted the availability of a more suitable alternative for her children. Leon Donn stated that as a working family with two small children, he is pleased that his kids have a safe environment with a structured academic program to attend after school. Myung Lee, senior pastor of the Tri-Valley Presbyterian Church, said that Pleasanton is a wonderful community that embraces differences in culture and opinion but stressed the need to focus on what supports and guides the community as a whole. Fred Oh, Tri-Valley Presbyterian Church, stressed Mr. MacDonald's comments. He said that the Pleasanton School District provides wonderful facilities and resources for its children but cannot City Council Minutes Page 4 of 19 February 17, 2009