PC 021109 - Laserfiche WebLink

She inquired whether Commissioner Fox, as appellant, would need to recuse herself and have Commissioner O'Connor take her place at the dais. Commissioner Fox indicated that she had referred the matter to staff earlier and that City Attorney Michael Roush had confirmed that she could participate in the discussion and vote. Mr. Dolan stated that he and Ms. Decker had met earlier with the City Attorney, Michael Roush, who indicated that Commissioner Fox could participate in the discussion and could address the Commission either from her seat or from the podium. Ms. Seto added that when this occurs, Commissioner Fox would also have the opportunity to address the Commission and raise issues as part of the Commission's discussion. Chair Pearce inquired if Commissioner Fox would be able to ask questions of staff. Ms. Seto replied that she could. Commissioner Blank inquired how long the existing Hilton Hotel antennas have been in place. Ms. Decker replied that the first application was approved in 1999 and the second in 2005; after the ordinance had been adopted. Commissioner Fox noted that on page 5 of the staff report, it states that the City's Building and Safety Division issued a certificate of occupancy fora "Childcare Center." She inquired why the City believes this is not a childcare center when the Division issued a certificate of occupancy for such, and the applicant, Club Sport, has indicated having a childcare center on site. Commissioner Blank noted that the staff report also states that this terminology was unrelated to the licensure or requirements of the State. Commissioner Fox stated that the City's wireless ordinance does not address whether or not the facility is licensed but simply uses the word, "childcare center." Mr. Dolan explained that this is exactly what staff has indicated in the report, the terminology used by the Chief Building Official to describe the activity at the facility as he viewed it. He noted that it was a generic term for that specific facility wherein a drop-in service to watch their children was provided to parents while they work-out. Commissioner Fox noted thatAttachment D of the staff report, a licensing exemption letter, states: "...a visit to your site during which I made the determination that Club Sport was providing child care in violation of the law." It goes onto say: "...she called you and explained to you how you might become exempt. You agreed to the conditions she presented as follows: (1) Camp: camp will be held for no more than 12 weeks in a calendaryearand will serve children who are not younger than 4 years, 9 months; and (2) Time limits: children who are in care when their parents are not on site are limited to four hours or less per week." She inquired if it was PLANNING COMMISSION MINUTES, February 11, 2009 Page 4 of 13