12 ATTACHMENTS - Laserfiche WebLink

Commissioner O'Connor inquired, if the Commission will have the State certify under Option A, if the City would want to be involved in any child related services that would be for 20 students or less, under 10 or 15 hours; or, would the City have them self certify if they do not meet child care definitions. Ms. Stern replied that it would be up to the Commission to refine that policy; however, in general, if they do not meet the City's criteria for child care, they would default to whatever regulation is relevant to that use currently in the Code. With reference to liability, Chair Pearce stated that the City would obviously have a third party do the background checks, which would limit the City's liability. She added that she assumes the State would have standards for doing background checks such as it would matter if someone had a DUI in the last five years but not if it was ten years ago. She requested staff to look at what the State does with regard to this should the Commission opt for Option B. Ms. Stern stated that she believes the State would have some standard to determine which crimes would matter and their corresponding time limits. Chair Pearce portrayed a situation where a child needed CPR, and the City relied on an organization that conducts first aid training, which would limit the City's exposure in the end. Commissioner Blank stated that if they were trained by an appropriate agency like the Red Cross, were certified and card carrying, they would be exempt under the Good Samaritan Rule and would not be exposed to any liability. Chair Pearce stated that she thought this only applied to general citizens and not to City employees. She indicated that she would like to see what applies for the State regulations, such as TB screening. Chair Pearce inquired if the City was saying that the exemption issue does not arise unless someone asks to be exempt. Ms. Stern replied that the State will license businesses that characterize themselves as child care, and if businesses believe they are a private recreation, the State will typically provide exemptions. Chair Pearce inquired if the City will still require the State to license a business that the State deemed exempt, which in the past, they have been extremely reluctant to do. Ms. Stern replied that staff's argument is that they should not be exempt because they do not meet exemption categories. She added that staff believes there are categories that some businesses would fall into. EXCERPTS: PLANNING COMMISSION MINUTES, July 8, 2009 Page 8 of 12