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6. PUBLIC HEARING AND POSSIBLE ACTION: AN ORDINANCE CONCERNING A HAZARDOUS SUBSTANCE USER FEE; ADDING SECTIONS 3.690, 3.692, AND 3.694 TO THE EUGENE CODE, 1971; AND DECLARING AN EMERGENCY Mr. Wong indicated that Glen Potter of the Fire and Emergency Medical Services Department was present to answer questions. He recommended that action occur that evening. Mayor Torrey opened the public hearing. Terry Connelly, Chamber of Commerce, 1401 Willamette Street, voiced the same objections the chamber previously voiced about the proposed fee basis for the Right-to-Know program. The chamber believed it was bad public policy to make liberal interpretations of the voters' intent by choosing this means of funding the program. No evidence had been presented to demonstrate that the recommendation to charge companies on the basis of the number of their employees would not contradict the charter amendment, which was very specific about how the program would be funded. The additional manufacturers now being asked to pay the fee do not meet the charter amendment's definition of a hazardous substance user. Mr. Connelly further pointed out that the option before the council was based on quantity in that manufacturers meeting the ten- employee minimum and who use any hazardous substance in an amount above zero will be required to pay, and the courts had rejected the City's previous quantity-based fee structure. Mr. Connelly said that if the council adopted the ordinance it was likely committing more General Funds to the program because of legal challenges. It did not appear possible to implement the charter amendment as its drafters intended; he asked the council not to compound the problem by adopting a fee structure that contradicted the charter amendment. Gerry Moshofsky, 1240 East 22nd Avenue, said his company was covered by the Right-to-Know Program. His firm had worked with different levels of government to reduce its emissions. He said that manufacturers and businesses are good citizens and hire local residents. He believed that the company was well-regulated by reporting requirements already in place. He thought the City's program was redundant of other programs, and said if Eugene citizens wanted more protection the citizens should pay for it, not the businesses. Steve Johnson, Toxics Board member, 1825 Longview Street, urged the council to adopt the ordinance. He said that people arguing about the charter amendment and the portion removed by court order forgot about the severability clause in the charter amendment. That meant the remaining parts remained in effect. Mr. Johnson said businesses with ten or more employees using toxic materials were in the program to the degree they qualified. He urged the council to direct City staff to attempt to change the State law that makes it illegal for the City to base its fees on quantity. He said that the board supported a quantity-based fee and believed that the Appeals Court decision would have an effect on the City Fire Marshal's programs and other cities' programs. He believed the City would have allies in its effort to change the law. Clyde Carson, Toxics Board member, 618 D Street, opposed the ordinance. He said the charter amendment had been clear about who paid for the program, and that did not include small-quantity chemical users. He said the reason the board expanded the program to include those manufacturers was because it did not have any other choice. Mr. Carson said that the City should not expand the program simply because it could. He concurred with the remarks of Mr. Connelly. He felt the council was doing the best it could to advance an indefensible position. He did not think councilors favoring the ordinance cared about the voters' intent; they merely liked the program. MINUTES--Eugene City Council February 28, 2000 Page 8 Regular Meeting