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DRAFT not responsible for the supervision and care of my children." He presented a letter from Barbara Bobincheck, the DSS Licensing Program Manager, which stated that based on the information provided and an investigation conducted in 2003, the program did not provide care and supervision to children because the parents signed the waiver. Ms. Bobincheck further wrote that she understood the intent was to teach martial arts and that he did not need a State child-care license. With respect to the "free to come and go" clause, Mr. Pfund described the sign-in and roll call procedures before each class. He noted that after the martial arts class concluded, the students would play in the back area of the academy while waiting for their parents. He noted that he sat and monitored the front door while an employee monitored the back door. He noted that both doors had an audible alarm that sounded when the doors open and close. When the parents arrive for their children, they sign the children out for accountability (Exhibit 5); the parents then escort the children from the academy. He noted that they took great care to know where each child was when on the premises. He stressed that while the word "care" was used by the parents, the academy was not a day care. He stated that his goal was to teach the children what they needed to succeed in life, such as integrity, success, and overcoming challenges. Mr. Pfund noted that the parent's waiver sheet stated that they agree that their children were free to come and go from the facility and that if the children chose not to participate, the instructor will notify the parent immediately. He noted that was exactly what they do in that case and that the small children did not leave the academy until their parent came for them. He noted that virtually every academy in Pleasanton worked in this manner, such as gymnastics academies, martial arts schools, dance studios, and learning/tutoring centers; some of those facilities were located in the same vicinity as his business. He noted that those businesses were not in the business of care and supervision of children, either. He noted that the children were not held against their will and were free to come and go from the other facilities as well. He noted that he had called 20 local facilities stating that he was considering enrolling his child and asked whether he was allowed to leave his son unattended at the program. Each facility replied that was allowed and further stated that if his son wanted to go home early, their policy was to call the parent to pick the child up. When he stated that he would be concerned that his son would leave the facility without him, the facility representatives each stated that would not happen. When he asked whether the facility would provide care and supervision for his son, each representative stated that they were not a daycare facility. When he asked whether the facility had asign-out sheet, the majority of the facilities stated that they did not. Mr. Pfund noted that in his research of similar businesses, he learned that the Planning Commission added a condition to these types of businesses that required them to have sign-out sheets for children under 12 and for the parents to escort them from the academy. He learned in his own research that was the norm. He noted that his business was slightly different in that they escorted the children into the academy. He noted that his hands were tied regarding whether a child can come and go, as is every other similar business; they were not in the business of providing care and supervision. He emphasized that he took the greatest care for the safety of the children and noted that the parking lot was generally empty in the late afternoon evening hours. DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 2-13-2008 Page 4 of 15