CC Minutes - 10/23/00 Meeting - Laserfiche WebLink

Home Browse Search

City Manager Johnson said that staff had drafted language that would be inserted before the last sentence of subsection four in the code, to wit: "If the City Manager declines to adopt an administrative rule that implements the Toxic Board's advice the Manager shall explain to the City Council and the Toxics Board, in writing, the reasons for the decision not to implement the Toxics Board's advice." In response to a question from Councilor Kelly regarding the council coming to a different conclusion than the City Manager, City Attorney Gerome Lidz said that the council would need to adopt an ordinance to implement a position that the manager did not adopt. He noted that administrative rules were in the City Manager's authority, but it seemed possible that the City Manager would be persuaded by the reasoning of the council, if the council disagreed with the reasoning the City Manager provided. He said if that did not happen, the council would be free to adopt an ordinance that would take care of the matter. In response to a question from Councilor Kelly regarding whether the same language could apply to Subsection 2 of Section 3.696 as well, Mr. Lidz suggested adding the suggested new language as a Subsection 5 to Section 3.696 that would refer to the Toxics Board's advice described in subsections 2 and 4. City Manager Johnson asked the council to consider Council Bill 4749, an ordinance concerning substance reporting requirements under the City's Toxics Right-To-Know Program; amending Section 3.696 of the Eugene Code, 1971, and declaring an emergency. Councilor Taylor, seconded by Councilor Fart, moved that the bill, with unanimous consent of the council, be read a second time by Council Bill number only, and that enactment be considered at that time. Councilor Taylor, seconded by Councilor Kelly, moved to amend the motion by adding a new subsection (5) to Section 3.696 that stated: "If the City Manager declined to adopt an administrative rule that implements the Toxics Board's advice as described in subsection 2 or 4 of Section 3.696, the City Manager shall explain to the City Council and the Toxics Board, in writing, the reasons for the decision not to implement the Toxics Board's advice." Councilor Fart questioned why that particular set of potential administrative rules was being singled out. He raised concern over the City Council micromanaging the City Manager's job. Mr. Lidz said that the situation was different because there was, originally, a provision in the Charter Amendment that if the federal lists of hazardous substances were amended to add new substances, those substances would automatically be added to the list that Eugene required reporting for. He noted that a court of appeals struck down that requirement, saying that the City was not allowed to say, ahead of time, that the Eugene law would be whatever the federal government decided. Therefore the amendments that the council received were designed to get as close as possible to the intent of the Charter Amendment. Councilor Kelly said that he did not see the amendment as micromanaging. Making an analogy to land use, he noted that officials were required to provide findings to back up whatever decision MINUTES--Eugene City Council October 23, 2000 Page 2 Regular Meeting