16 ATTACHMENT 05 - Laserfiche WebLink

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 and activity. 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. He has purchased and plans to install a loud screeching alarm for the back door. 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. Mr. Pfund noted that he takes great care to know where each child was from when they are picked up from school, when on the premises, and until the parents pick them up and escort them from the facility. He noted that while he might use the word "care," and as humans, they care for children because they are our most valuable resource. However, he indicated he was in the business of educating children in integrity and success and overcoming challenges, and he was very good at that. He stressed that while the word "care" was used by the parents, the academy was not a day care. 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 he would not say that they cannot leave. Mr. Pfund indicated that for the most part, parents and children have an understanding that the children will not leave his academy until their parents pick them up because 5- and 8-year-olds do not drive. Mr. Pfund asked where the children would go. He added that the children would not just go wandering on the streets. Mr. Pfund noted that virtually every program in Pleasanton worked in this manner, such as gymnastics academies, swim teams, martial arts schools, dance academies, 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 added that these programs have children left unattended by parents and thus should get daycare licenses as well. He noted that he had called 201ocal 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 they provided care and supervision, the representatives stated that they were not a daycare. When he asked whether the facility had asign-out sheet, the majority of the facilities stated that they did not. EXCERPTS: PLANNING COMMISSION MINUTES, February 13, 2008 Page 5 of 19