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Mr. Stone replied that they have discussed this matter with the VBP attorney who looks out for the interest of the VBP owners. He noted that it would involve a lot of work, would cost a lot of money to rewrite anything in the CC&Rs, and would require a majority vote of all business owners in the Park. He pointed out that it would be a bit easier with the ARB having the final say and implementing its decision, and hope that the City works with them. He noted that they have been dealing with the City for the past year-and-a-half to make staff understand how their system works to make the Park a safe place for these businesses to operate. Commissioner Olson noted that Mr. Stone made reference in his presentation to some businesses in the Park that cater to children, such as piano and dance lessons. He asked Mr. Stone if VBP has instituted proceedings relative to moving these businesses out of the Park. Mr. Stone replied that they are sitting in a predicament as these businesses are in and they cannot just require them to move out. He noted that what they plan to do is once these tenants leave, they will not allow them to be replaced with child-based businesses. He added that the Jazz N Taps school has ran-out Aloha Cabinetry because of noise coming out of their building and that they have also lost an industrial business over a child-based business. Commissioner Olson commented that he presumed these businesses were given approval based on VPB's CC&Rs which he assumed were in place when these businesses came in. Mr. Stone replied that they had a conditional use, and the past President and Boards had made the adjustments. He stated that it is tough for the present Board to allow all child-based businesses to come in because one is already in, and keep making the same mistake. He noted that the Board is trying to clean up this Park to make it safe for people running light industr al businesses to operate inside the Park. He added that their main concern is the safety of the children. Commissioner Pearce stated that she recalls approving some child based uses in VBP and expressed concern about what Mr. Stone has mentioned about children running through the parking lot or not being dropped off properly because the Commission has instituted many conditions on these businesses to mitigate some of the safety concerns. She asked Mr. Stone if there have been instances of these problems that the Board has brought to the City's attention because the Commission has not been informed about them. Mr. Stone replied that he did not know the Board was supposed to report these incidents to the City. He noted that an incident was reported on Tuesday about a gym business in the Park where parents were dropping off children on the other side of the parking lot and having them run through other parking lots and across garden medians. He stated that he would talk to Cyndi Ladd, Director of the property management for EXCERPT: PLANNING COMMISSION MINUTES, JUNE 8, 2011 Page 6 of 15