Item 5 - PH/Toxics RTK Fees - Laserfiche WebLink

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COUNCIL OPTIONS None; this is a public hearing only. After the hearing, the council may: 1. Proceed to action (City Council action on this item is tentatively scheduled for February 28); 2. Decline to proceed; or 3. Provide other direction. CITY MANAGER'S RECOMMENDATION Staff recommends Option 2: decline to proceed. Because of state legislation and court decisions, the current Toxics Program already differs from what voters enacted in 1996. Further, based on the analysis above, the ordinance would do relatively little to solve the problem it was intended to address, which is that of fee inequity. It would provide some additional public information, but if that is the council's goal, then this specific direction needs to be given, as it suggests other possible courses of action. A direct solution to the present problem is being pursued by the City at this time, as staff has identified sponsors of new state legislation to repeal (or possibly at least increase) the $2,000 cap on fees. Should the council accept the recommendation not to proceed, then staff will return with a status quo program budget and fee recommendation for this year to continue the program in FY06. Should the council proceed to action, and adopt the ordinance, the fee recommendation and 2005 billing will be postponed pending the completion of staff work necessary to identify affected businesses and their FTE levels, and to revise the proposed budget to reflect the additional cost of administering an expanded program. The recommendation not to proceed with the ordinance is also based on the fact that, rather than making fairness issues go away, it will create more. As an example, if an athletic club operates a swimming pool, must it then declare all of its employees and all hazardous substances used in its entire operation? A hospital operating a therapy whirlpool (spa) would be another example. Will painting contractors be required to report substances purchased in Eugene, but used outside of Eugene? Similar issues exist with the current program, and have been addressed to the satisfaction of some, but it is not recommended that additional issues be created. SUGGESTED MOTION None; this is a public hearing only. ATTACHMENTS 1. Proposed ordinance adding businesses to Toxics Program. FOR MORE INFORMATION Staff Contact: Glen Potter Telephone: 682-7118 Staff E-Mail: glen.d.potter~ci.eugene.or.us L:\CMO\2005 Council Agendas\M050214\S0502145.doc