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Incomplete background check foils bid to open new childcare facility in Pleasanton

Original post made on Jan 7, 2009

The Pleasanton City Council last night rejected for a second time a bid by a martial arts professional to operate a childcare facility for 20 children at a time in the Valley Business Park off Valley Avenue.

Read the full story here Web Link posted Wednesday, January 7, 2009, 8:02 AM

Comments (43)

Posted by Bob, a resident of Pleasanton Meadows
on Jan 7, 2009 at 9:15 am

"_Catch_ 22" Catch!


Posted by Proofreading help needed?, a resident of Highland Oaks
on Jan 7, 2009 at 10:15 am

Right, I don't think Vonnegut ever wrote about "Cache-22"...!

Seriously, PW staff: if you need someone to help give a quick lookover of the articles before posting, I'd be happy to help out for a few extra bucks as a second job. Times are tight, and I'm not afraid of working extra.


Posted by Pleas Mom, a resident of Vintage Hills Elementary School
on Jan 7, 2009 at 10:19 am

Way to stand your ground, Cindy! Thanks for protecting our kids.
Planning Commission....great investigation into this new business.....
Thanks Cindy for keeping another predator out of Pleasanton!


Posted by Pleas Mom, a resident of Vintage Hills Elementary School
on Jan 7, 2009 at 10:19 am

Way to stand your ground, Cindy! Thanks for protecting our kids.
Planning Commission....great investigation into this new business.....
Thanks Cindy for keeping another predator out of Pleasanton and keeping an eye on those wacky Planning 'professionals' in our town.


Posted by Wow, a resident of Birdland
on Jan 7, 2009 at 11:00 am

How completely screwed up is government?

First the state cant say yes or no to the stupid background check. [Portion removed due to disrespectful comment or offensive language]

The planning commission says okay, then the morons on the city council say no, then the planning commission disagrees with the council action, then the council reaffirms their position.... blah blah blah blah.

You all make me sick. You are the petty scum that go into government.

This just in.... if the guy is a damn pedophile, people wont send their little brats to his martial arts academy. Caveat Emptor!!!

(Look it up morons...)


Posted by "Cache 22", a resident of Del Prado
on Jan 7, 2009 at 11:04 am

I agree with Wow... government is great at these catch 22 situations. Real people could get this done so much more quickly.

Great to see our city officials spending the tax revenue so wisely.

What a joke!!!


Posted by Tom, a resident of Jensen Tract
on Jan 7, 2009 at 11:08 am

I checked the Sandia labs website and this person's name doesn't appear here. Web Link

I didn't realize that the city of Dublin required a top secret clearance to be employed there. I used to work in the City of Dublin and don't recognize the name.


Posted by Justice, a resident of Another Pleasanton neighborhood
on Jan 7, 2009 at 12:39 pm

We are living in a scary world, if a person is falsely accused.... they will always be guilty.


Posted by Walter, a resident of Another Pleasanton neighborhood
on Jan 7, 2009 at 1:29 pm

I was channel surfing last night and ran across this, from what I could gather, the State of Ca said he was not required to get a day care license but the City of Pleasanton said, 'we don't care, we want you to still get one' and that is why the background was delayed? I think this is what they were trying to decide between a recreational facility vs a dare care facility? The State doesn't think he needs it but our City does? - So what governmental bureaucracy is overstepping their authority here? Its nice that the City can generate so much paper (and likely a lot of time) on this, model of efficiency in government? Did you see McGovern in that picture holding that stack of document?


Posted by unbelievable, a resident of Another Pleasanton neighborhood
on Jan 7, 2009 at 1:37 pm

The stack of paper McGovern is holding is only part of the documents that were generated for this application. If you saw the one speaker, he held up a stack that measured some 8 inches. Unbelievable!! No wonder things don't seem to get done in this City.


Posted by P-town mom, a resident of Vintage Hills Elementary School
on Jan 7, 2009 at 2:02 pm

I don't care what any of you say. There's no price on keeping our children safe and away from these predators. Whatever it takes, period. And I'll bet there are plenty of P-town mom's that will agree with me.


Posted by Karen, a resident of Bonde Ranch
on Jan 7, 2009 at 2:10 pm

Keep this guy away from our kids. I get a bad feeling about him, and I am very happy he was sent packing.


Posted by unclehomerr.., a resident of Downtown
on Jan 7, 2009 at 2:24 pm


Ok, here you go. Change your business plan. Get a license for a martial arts school.. One hour classes. Open.

Then, expand the classes/hours. Doh...!

unclehomerr..
ps. if he was an illegal alien, he'd have been open last May with Federal grants!


Posted by Julie, a resident of Another Pleasanton neighborhood
on Jan 7, 2009 at 7:34 pm

Julie is a registered user.

Daycares need to be licensed by the Dept. of Social Services, Community Care Licensing Division. At their website it states:

THE LAW

The California Health and Safety Code requires a background check of all applicants, licensees, adult residents, volunteers under certain conditions and employees of community care facilities who have contact with clients. If the California Department of Social Services finds that an individual has been convicted of a crime other than a minor traffic violation, the individual can not work or be present in any community care facility unless they receive a criminal record exemption from the Community Care Licensing Division, Caregiver Background Check Bureau (CBCB). Simply defined, an exemption is a Department authorized written document that "exempts" the individual from the requirement of having a criminal record clearance. CBCB also examines arrest records to determine if there is a possible danger to clients (Health & Safety Code sections 1522, 1568.08, 1569.17, and 1596.871).


Posted by Pleasanton Mom, a resident of Another Pleasanton neighborhood
on Jan 7, 2009 at 9:29 pm

The right decision was made. No background check should take so long, unless there is something wrong with the applicant...besides, who has heard of a martial arts facility keeping kids for up to 6 hours? The whole thing sounds wrong. Thank you Cindy!


Posted by john, a resident of Donlon Elementary School
on Jan 8, 2009 at 7:45 am

4 to 1 council vote. Who was the 1?


Posted by ptown mom, a resident of Vintage Hills Elementary School
on Jan 8, 2009 at 7:48 am

Jerry Thorne was the '1' vote.


Posted by Nancy, a resident of Another Pleasanton neighborhood
on Jan 8, 2009 at 8:02 am

Jerry Thorne felt that the facilities could be made to work but did not want him to be able to operate until he had a clean background check and had obtained a valid state child care license


Posted by Mike, a resident of Del Prado
on Jan 8, 2009 at 8:19 am

I think Thorne was right. We have other "schools" or instructional facilities for kids in industrial areas elsewhere in the city. The denial of the land use here opens the City to legal problems. For example, the Quarry Lane School and a dance studio for kids are in the same industrial complex as this martial arts school.
The requirement for a clean background check and child care license are the key issues. I would not let this guy anywhere near our kids without these.


Posted by Another MOM, a resident of Another Pleasanton neighborhood
on Jan 8, 2009 at 8:31 am

I have personal knowledge of a good person that for 20 years has been instrumental in many of the youth programs that are now institutions in Pleasanton. This person had passed many background checks with no problem. Recently a background check was held up for months with no explanation. This caused a great deal of distress and embarrassment and the powers that be were suggesting "there must be a reason". After trying everything else the application was withdrawn and resubmitted, it went through quickly without a problem.
We all support the need for background checks, everyone wants to protect our kids......but don't condemn someone without facts.


Posted by LOL,LOL,LOL, a resident of Avila
on Jan 8, 2009 at 8:38 am

"ps. if he was an illegal alien, he'd have been open last May with Federal grants!"

LOL,LOL,LOL...with Federal grants...LOL,LOL....it's funny cause it's true!

Unclehomerr, you crack me up!


Posted by Innocent Until Proven Guilty, a resident of Another Pleasanton neighborhood
on Jan 8, 2009 at 8:48 am

First I must say that I am all for the background check, I think the entire council was right in stressing that point, and I think they have our children's safety as a top priority. When my kids grew up my wife was able to stay home - however most of the time they were outside playing.

I am concerned about some of the comments and "logic" expressed above, a person who was falsely accused is now a "predator" according to P-Town Mom & Pleas Mom - if they had their way, this guy would have been lynched a long time ago.

Maybe I am mistaken but I thought this country was based upon innocent until proven guilty in a court of law (not a court of public opinion).

Using as harsh a label as "predator" and rushing to the judgment he must be guilty; what a great demonstration of tolerance, understanding, and basic civics being passed onto your children!


Posted by Ptown Mom, a resident of Vintage Hills Elementary School
on Jan 8, 2009 at 8:58 am

Dear Innocent....would you invest your money with someone previously accused of embezzlement?
Maybe things were different when you raised your kids, but I'm not taking any chances with mine. It's our job as parents of young children to protect them...they come first, not the rights of someone who has already been accused of molestation. Has nothing to do with tolerance or understanding; you're wrong.


Posted by curious, a resident of Another Pleasanton neighborhood
on Jan 8, 2009 at 9:17 am

The point here is that a person is innocent until proven guilty. If someone has been accused but not even tried in a court of law or acquited of a crime, that shouldn't be a reason of denial. (I do think the way he proposed his program, its child care and therefore he needs a child care license.) Its about making choices. I wouldn't invest with a person who has been accused but not convicted of embezzlement but that's MY DECISION to make.

Its a personal choice by parents whether or not to enroll their child in a program such as what's being proposed. That's the point people are forgetting--no one is required to put their child in this program. And if people don't like child care in an industrial park, again that's a personal choice.

What's scary is that anyone working with children is vulnerable to being accused of child molesting, etc. whether it happened or not. If this is the attitude of the community to lynch someone accused but not even tried in a court let alone convicted, I find that very scary because it could happen to any of us involved with children's programs.


Posted by Innocent Until Proven Guilty, a resident of Another Pleasanton neighborhood
on Jan 8, 2009 at 9:57 am

P-Town Mom, so your telling me there is only one side to the story, apparently only your side? Unfortunately, I think you are wrong but won't see it... it is our job (as society as a whole) to protect the rights of someone who has been accused (of molestation or any other crime) the most, because it is only when you are accused that your rights are challenged the most! As clearly demonstrated by your desire to strip this man of his rights... hopefully you are never accused of a crime or get even a speeding ticket, because under your 'rule of law', you would already be guilty because your accused and your rights don't matter! Maybe it is not tolerance and understanding to you, but thank god its still basic civics!

I agree with Curious, it is up to the parent to put their children in this program or not.


Posted by annonymous, a resident of Another Pleasanton neighborhood
on Jan 8, 2009 at 10:15 am

If one of the criterion for operation for the business was a background check and the person applied in April of 2008, one would think that the proponent of the business would have been on the phone or gone to Sacramento to find out what is taking soooo long, (nine months?), instead the proponent went to the planning commission and asked for an exception to the rule. If one knew that their lively hood depended on it there should be some attempt by the proponent to find out why it is taking soo long!



Posted by Kevin, a resident of Danbury Park
on Jan 8, 2009 at 10:16 am

I flipped back and forth TV stations earlier this morning and on one caught the city council meeting and on another a story on Gingerbread preschool. I was stunned when I think I heard the address of the business was 1262 Quarry Lane, unless I heard a wrong. I'm a business owner of a distribution business who looked at that warehouse space for supplemental storage a few years back, but decided it wasn't big enough. It has a very small reception area and a dimly lit warehouse in the back with a roll-up door at the dock for trucks/semis to come and go. To think the city would even entertain having human occupants of any sort in a warehouse where there are no windows, just racks from floor to ceiling and concrete, is surprising to say the least. I'm not even sure it was heated. I wouldn't leave my dog in a place like that.


Posted by Stacey, a resident of Amberwood/Wood Meadows
on Jan 8, 2009 at 12:56 pm

Kevin,
That is why Pleasanton zoning laws require conditional use permits for uses that may not be consistent with the zoning designation. Incidentally, many martial arts schools occupy spaces within light industrial zones so the request isn't anything unique.

Ptown Mom,
Thanks for the comedic relief.


Posted by IsthisanSNLsketch?, a resident of California Reflections
on Jan 8, 2009 at 1:23 pm

I'm confused. He advertises on the internet as a housecleaning business over here at this place Web Link called The Housecleaning Team and a preschool-childcare business on the exact same site here Web Link called the A+ After School Success Academy and has the audacity to go to the city claiming it is a martial arts dojo?

Maybe the city of pleasanton could hook up city hall to the good old internet so they can look things up like this.

Speaking of comic relief, this reminds me of the old Saturday Night Live sketch on is it a floor wax or a dessert topping. Is it a housecleaning business or is it a preschool or a childcare or simply a Saturday Night Live sketch that shows the absurd??

Maybe to jumpstart the economy, we should do away with the child labor laws and the kids in this preschool/housecleaning business can all put on plastic gloves and hardhats and go out spending their days cleaning condominiums.

Web Link
75i: Elliot Gould / Anne Murray

Shimmer

Wife.....Gilda Radner
Husband.....Dan Aykroyd
Spokesman.....Chevy Chase


[ open on suburban kitchen, Wife and Husband arguing ]

Wife: New Shimmer is a floor wax!

Husband: No, new Shimmer is a dessert topping!

Wife: It's a floor wax!

Husband: It's a dessert topping!

Wife: It's a floor wax, I'm telling you!

Husband: It's a dessert topping, you cow!

Spokesman: [ enters quickly ] Hey, hey, hey, calm down, you two. New Shimmer is both a floor wax and a dessert topping! Here, I'll spray some on your mop.. [ sprays Shimmer onto mop ] ..and some on your butterscotch pudding. [ sprays Shimmer onto pudding ]

[ Husband eats while Wife mops ]

Husband: Mmmmm, tastes terrific!

Wife: And just look at that shine! But will it last?

Spokesman: Hey, outlasts every other leading floor wax, 2 to 1. It's durable, and it's scuff-resistant.

Husband: And it's delicious!

Spokesman: Sure is! Perks up anything from an ice cream sundae to a pumpkin pie!

Wife: Made from an exclusive non-yellowing formula.

Husband: I haven't even touched my pudding and I'm ready for more!

Wife: But what about black heel marks?

Spokesman: Dirt, grime, even black heel marks, wipe clean with a damp mop.

[ Husband accidentally sprays Shimmer onto the floor ]

Husband: Oh, sorry, honey, I'll clean that up!

Wife: Oh, no problem, sweetheart, not with new Shimmer!

[ Spokesman laughs continuously as he approaches the camera ]

Spokesman: New Shimmer, for the greatest shine you ever tasted!

[ fade ]


Posted by Stacey, a resident of Amberwood/Wood Meadows
on Jan 8, 2009 at 3:03 pm

Man, that's one of my favorite old SNL skits!


Posted by Dan, a resident of Another Pleasanton neighborhood
on Jan 8, 2009 at 3:27 pm

A person charged with molestation wanting to open a child care facility/dojo, that's just weird. You would think, if the person was innocent, they'd want to stay away from kids. Wouldn't they be turned off dealing with kids? What a trouper this guy is for wanting to continue to do business with children, or does he have some other compelling reason that draws him to kids?


Posted by Kevin, a resident of Danbury Park
on Jan 8, 2009 at 5:07 pm

Give me a break! Even an Olympic athlete and those training for marathons and triathlons don't train for eight hours a day.

It's ludicrous. Come on. I can see it now. "You've done that kata for 56 times, but your best one was the 34th try. Class, let's work on topping that for the next 90 minutes and do the same kata again another 25 times, then we'll be done. Then it is time to spend the next two hours on sparring."

My children used to attend the All American Black Belt Academy, a fantastic place in Dublin on Village Parkway run by Shihan Hultin. A lot of these kids attend regional and national tournments and this is a real martial arts facility.

It is absurd that the city employees/planning commission were hoodwinked to think a child would actually be doing martial arts for 8 hours a day. Even when kids are training for tournaments in Shihan Hultin's place, a particular child will go in and have a martial art class for no more than 45 minutes a day. Here is a sample schedule from their website.

5:00-5:45 PM Kids Novice: Orange to Green
6:00-6:45 PM Kids Beginners: White, Yellow, Orange Belt
7:00-8:15 PM Adult Intermediate & Advanced

Web Link

What is next?? Somebody comes up with an idea to have a sweatshop with child labor somewhere in town, call it a "Fashion Academy" and then claim the children do "sewing" practice there for 8 hours a day? Gee whiz. Would the city employees/planning commissioners fall for that too?




Posted by anon, a resident of Vineyard Avenue
on Jan 8, 2009 at 6:57 pm

Amazing how this story is posted, yet the guy still advertises on Craigslist and picks kids after school in his black dodge durango or sometimes a large white van. Maybe he has children of his own, but chances are he's still running a 'childcare' business.


Posted by concerned, a resident of Danbury Park
on Jan 9, 2009 at 11:33 pm

If you are seeing this then you should report it!


Posted by WP Themes, a resident of Ridgeview Commons
on Jan 23, 2009 at 6:24 am

I think your blog need a new wordpress template. Downalod it from Web Link . The site has nice and unique wordpress templates.


Posted by unclehomerr.., a resident of Ridgeview Commons
on Jan 23, 2009 at 4:03 pm


Hey PW staff.. since you screen all these comments, how about correcting this neighborhood. It's Ridgeview Commons.

unclehomerr..
Free lance proofreader


Posted by sandi blinz, a resident of Civic Square
on Jan 25, 2009 at 5:37 pm

The Attorney General's office is another great resource for obtaining information for your California background check. They are located on the web at htt://www.ag.ca.gov . You can search sex offenders for the state of California at Web Link . This site is a great resource to verify that whomever you are running a California background check on has not been registered. This would be especially important in nanny or daycare pre-employment checks. If you need a nationwide background search Web Link can give you instant access to criminal records in every state allows access by the public.


Posted by Applebees Menu, a resident of Ridgeview Commons
on Feb 28, 2009 at 3:13 am

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BTW, dpn't you think your blog needs a better wordpress template?


Posted by Stacey, a resident of Amberwood/Wood Meadows
on Feb 28, 2009 at 7:34 am

If this site were running Wordpress, sure! *maniacal laughter*


Posted by How I Lost Thirty Pounds in Thirty Days, a resident of Ridgeview Commons
on May 4, 2009 at 4:53 am

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on May 25, 2009 at 10:35 pm

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Posted by DiemioniA, a resident of Ridgeview Commons
on Jun 22, 2009 at 7:45 am

I can tell that this is not the first time you write about this topic. Why have you chosen it again?


Posted by LeraJenkins, a resident of Ridgeview Commons
on Jun 22, 2009 at 1:41 pm


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