Item 6 - Ord.on Toxics RTK Fees - Laserfiche WebLink

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Fee examples for this year, based on the above: Without proposed ordinance With proposed ordinance Rate per FTE 2005 fee Rate per FTE 2005 fee 20 FTE $30.94 $618.80 $25.67 $513.40 50 FTE $30.94 $1,547 $25.67 $1,283.50 500 FTE $4 $2,000 $4 $2,000 The research found that photo processors, dry cleaners, and crematories probably would not be required to report, while some of the other businesses listed (in particular, gas stations, pool operators, and possibly some auto body and paint shops) probably would be. The estimated 2005 fee assumes an FY06 program budget of approximately $130,000, which includes additional staff support and additional legal assistance for the initial fiscal year under the proposed new scenario. It is possible that the necessity of this additional help may decline in future years, after the program restabilizes. To develop an actual 2005 fee recommendation under the proposed ordinance, it would be necessary to specifically identify all businesses to be added to the program, poll them to determine their 2004 FTE levels, add those FTE to the existing FTE pool, and then recalculate the FY06 program budget requirements and applicable fees. 2005 billing would be delayed. Under the proposed ordinance, initial fees for new businesses would be payable in 2005, but the first reporting year would be 2006, meaning that the first reports for new participating businesses would not be due to the City until April 2007. As was done in 1997 under the original program, the initial year (2005) would be used to identify and educate affected businesses, who would then be required to track substance use for the following year and report it by April 1 of the year after that. If this ordinance is adopted, the Toxics Board also anticipates spending time in 2005 to work through the various policy questions that will be raised, including treatment of mobile operators (contractors), appropriate FTE allocations for businesses required to participate by virtue of only a part of their overall operations, and other issues. RELATED CITY POLICIES A number of City policies are germane to this issue. The Toxics Program itself was enacted by amendment to the City Charter in 1996. Previous City Councils have remained as faithful as possible to the original intent of the voters in enacting the Amendment, adopting ordinances as necessary to continue the program under altered circumstances created by litigation and legislation. The 2003-2004 City Council Goals call for a safe community and for fair, stable, and adequate financial resources. Finally, the City's 2005 Legislative Policies include support for legislative remedies to local Toxics Program fee problems stemming from State law. L:\CMO\2005 Council Agendas\M050307\S0503076.doc