16 ATTACHMENT 05 - Laserfiche WebLink

Mr. Pfund stated that we live in a free -to-come-and-go society and that there is no commercial business catering to school-age children where children are not free to come and go as they please. If they do, they are subject to daycare licensing because they provide care and supervision. 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 and referred to a Kung Fu studio near the Stoneridge Drive Courthouse. He noted that his business was slightly different in that there was a condition that the parents sign them in and out and escort the them into and out of the academy. In his proposed business, the difference is that he takes the responsibility to escort the children into his academy. He noted that his hands were tied regarding whether a child can come and go, as is every other similar business; he indicated that Girl Scouts and Boy Scouts as well as swim centers and learning centers 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. Mr. Pfund indicated that liability to the City is an important issue. He noted that he had taken steps to add the City of Pleasanton as an additional insured member on his $3 million liability insurance policy. He noted that he took his responsibility as a Sensei very seriously and worked to instill positive traits in his students to allow them to succeed throughout their lives. He added that the values instilled in the children during the classes and what they will learn in his program will keep the children away from drugs and gang violence. He added that the strenuous workouts kept the children on the road to physical fitness, avoiding obesity. He indicated that the same traits for the City of Pleasanton are the same character traits he passes onto the City's children and that they will become pillars of the community. Commissioner Pearce indicated she was familiar with many of the businesses in the list of 20 businesses he had called. In response to an inquiry by Commissioner Pearce regarding whether he had asked the other facilities if the children were there more than 16 hours per week, Mr. Pfund replied that he did not ask that question. He noted that his interpretation of the items in the Health and Safety Code did not apply to him if he did not provide care and supervision to his children and that the hours and structured programs would not apply. He said he would not need a license so nothing else in the Health and Safety Code applies. In response to an inquiry by Commissioner Fox regarding whether he ever left the children unattended because he has stated that he did not provide care and supervision, Mr. Pfund replied that he never left any child unattended and left the site. He indicated that was because he teaches martial arts and martial arts activities, but he does not provide care and supervision. Commissioner Fox asked if Mr. Pfund always remained on-site at the facility. Mr. Pfund indicated that he did not always remain on-site but that when he left, he took all the children with him. EXCERPTS: PLANNING COMMISSION MINUTES, February 13, 2008 Page 6 of 19