HomeMy WebLinkAboutAgenda Packet 4-15-19 Public Hearing and MeetingApril 15, 2019, Public Hearing and Meeting
EUGENE CITY COUNCIL AGENDA
April 15, 2019
7:30 p.m. CITY COUNCIL PUBLIC HEARING AND MEETING Harris Hall, 125 East 8th Avenue
Eugene, Oregon 97401
Meeting of April 15, 2019;
Her Honor Mayor Lucy Vinis Presiding
Councilors Betty Taylor, President Emily Semple, Vice President Greg Evans Chris Pryor Mike Clark Claire Syrett Jennifer Yeh Alan Zelenka
7:30 p.m. CITY COUNCIL PUBLIC HEARING AND MEETING
Harris Hall, 125 East 8th Avenue
Eugene, Oregon 97401
1. Items of Interest
2. PUBLIC HEARING: An Ordinance Concerning Appointment of Presiding
Municipal Judge and Amending Section 2.011 of the Eugene Code, 1971.
3. PUBLIC HEARING AND POSSIBLE ACTION: An Ordinance Adopting
Hazardous Substance User Fees for the Fiscal Year Commencing July 1,
2019, and Providing for an Immediate Effective Date.
4. ACTION: An Ordinance Concerning Unlawful Transfer on Vehicular Portion
of Right-of-Way, Adding Section 5.170 to the Eugene Code, 1971, and
Amending Section 5.990 of that Code.
April 15, 2019, Public Hearing and Meeting
The Eugene City Council welcomes your interest in these agenda items. This meeting location is wheelchair-accessible. For the hearing impaired, an interpreter can be provided with 48 hours' notice prior to the meeting. Spanish-language interpretation will also be provided with 48 hours' notice. To arrange for these services, contact the receptionist at 541-682-5010. City Council meetings are telecast live on Metro Television, Comcast channel 21, and rebroadcast later in the week. El consejo de la Ciudad de Eugene agradece su interés en estos asuntos de la agenda. El lugar de la reunión tiene acceso para sillas de ruedas. Se puede proveer a un intérprete para las personas con discapacidad auditiva si avisa con 48 horas de anticipación. También se puede proveer interpretación para español si avisa con 48 horas de anticipación. Para reservar estos servicios llame al 541-682-5010. Las reuniones del consejo de la ciudad se transmiten en vivo por Metro Television, Canal 21 de Comcast y son retransmitidas durante la semana.
For more information, contact the Council Coordinator at 541-682-5010, or visit us online at www.eugene-or.gov.
April 15, 2019, Public Hearing and Meeting – Item 2
EUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Public Hearing: An Ordinance Concerning Appointment of Presiding Municipal Judge and Amending Section 2.011 of the Eugene Code, 1971. Meeting Date: April 15, 2019 Agenda Item Number: 2 Department: Central Services Staff Contact: Becky DeWitt
www.eugene-or.gov Contact Telephone Number: 541-682-5616
ISSUE STATEMENT This public hearing is an opportunity for the public to comment on a proposed ordinance that would amend the code and hire the presiding judge as either a City employee or an independent contractor.
BACKGROUND The presiding Municipal Court judge performs and oversees all judicial functions of the Eugene Municipal Court. Historically, the presiding judge has been an independent contractor that is paid a set hourly amount to perform the work outlined in their contract as well as an additional monthly amount to cover time spent attending required meetings. Current code stipulates a detailed process for appointment of the municipal judge. At the January 9 work session council expressed an interest in exploring hiring the municipal judge as a regular employee that reports directly to council as the City Manager and Police Auditor do. At the January 28, 2019, work session City staff presented information related to options for filling the municipal judge position which included draft code amendments as well as a draft job description for the municipal judge. Based on this information, council directed the City Manager to present the proposed code amendments for public hearing, to schedule time to discuss the job description and salary for the municipal judge position, and to schedule a future date in order for council to have the opportunity to interview the current associate judge in consideration for a direct appointment into the municipal judge position. The proposed code amendment stipulates that the presiding judge shall be “hired and accountable to the city council. The city council shall hire, supervise, and specify the salary of the presiding municipal judge, who shall serve at the pleasure of the city council. All city council decisions regarding the presiding municipal judge will be made by a simple majority vote of the city council.” Staff will present options and additional detail related to the job description and salary for the municipal judge position at the work session on April 17, 2019.
April 15, 2019, Public Hearing and Meeting – Item 2
PREVIOUS COUNCIL DIRECTION January 9, 2019, City Council Work Session Councilors expressed general support for keeping the delineation of the council’s three employees as clear as possible; pursuing a salaried model, rather than contracted employee; and involving the entire council in a discussion about the parameters, qualifications, and process for hiring a new judge. January 28, 2019, City Council Work Session Councilors reiterated their support for transitioning to a salaried model for the Municipal Court Presiding Judge and for pursuing a direct-appoint of Judge Greg Gill. Move to direct the City Manager to 1) bring back the proposed code language in the AIS, Attachment A to a public hearing to make the City Judge a council employee and 2) to schedule as soon as practicable an interview with Judge Gill to consider the possibility of direct appointment of him. (Motion passed.)
COUNCIL OPTIONS The following are options for council consideration: 1. Approve the code changes and adopt the ordinance as attached. 2. Modify the code changes and hold an additional public hearing to adopt the modified ordinance. 3. Take no action.
SUGGESTED MOTION This item is scheduled for a public hearing only.
ATTACHMENTS A. Proposed Ordinance
FOR MORE INFORMATION Staff Contact: Becky DeWitt Telephone: 541-682-5616 Staff E-Mail: bdewitt@eugene-or.us
Ordinance - Page 1 of 2
ORDINANCE NO. ________
AN ORDINANCE CONCERNING APPOINTMENT OF PRESIDING
MUNICIPAL JUDGE AND AMENDING SECTION 2.011 OF THE EUGENE
CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 2.011 of the Eugene Code, 1971, is amended to provide as
follows:
2.011 City Council - Appointment of Municipal Judge.
(1) The presiding municipal judge shall be hired and accountable to the
city council. The city council shall hire, supervise, and specify the
salary of the presiding municipal judge, who shall serve at the
pleasure of the city council. All city council decisions regarding
the presiding municipal judge will be made by a simple majority
vote of the city council. [appointed in the manner provided in this
section.
(a) Prior to appointing the presiding municipal judge, the council shall
cause contract(s) for the position to be prepared and advertised,
and solicit applications for the position. The council shall review
the applications, and by majority vote determine which of the
applicants shall be referred to a screening committee nominated
by the mayor and appointed by the council for interview. The
screening committee shall be composed of one person from each
of the following: the University of Oregon law school faculty; the
Lane County public defender's office; the Lane County district
attorney's office; the city's department of public safety; the city's
human rights commission; the roster of local state or federal
judges; and the city's municipal court staff. At the time of referral,
the council shall indicate to the screening committee the number
of finalists to be referred for consideration by the council. The
screening committee shall interview the applicants and refer the
finalists to the council. The council shall select the presiding
municipal judge from among those finalists.
(b) Notwithstanding the provisions of subparagraph (a), the council
may re-appoint the incumbent presiding municipal court judge
without first undertaking any of the actions specified in
subparagraph (a).]
(2) The performance of the presiding municipal judge shall be evaluated:
(a) Through an informal self-evaluation submitted to the council
annually;
ATTACHMENT A
April 15, 2019, Public Hearing and Meeting – Item 2
Ordinance - Page 2 of 2
(b) Through an informal evaluation submitted to the council every two
years; and
(c) Through a formal evaluation, conducted every four years by an
evaluation committee.
The informal evaluation shall consist of a completed self-evaluation
form, together with evaluation forms completed by representatives of
the department of public safety, the city prosecutor's office, and the
public defender's office. The formal evaluation process shall include a
public hearing. Members of the evaluation committee shall be
nominated by the mayor and appointed by the council. The committee
shall be composed of not less than five persons, including at least one
member of the human rights commission, two attorneys familiar with the
municipal court, and two other persons generally familiar with the
judicial system. The evaluation report shall be submitted to and
accepted by the council. [The salary of the presiding municipal judge
shall be reviewed as part of the city's budget process, and a written
recommendation of the proposed rate shall be submitted to the council.]
Section 2. The City Recorder, at the request of, or with the consent of the City
Attorney, is authorized to administratively correct any reference errors contained herein,
or in other provisions of the Eugene Code, 1971, to the provisions added, amended or
repealed herein.
Passed by the City Council this Approved by the Mayor this
___ day of _______________, 2019 ____ day of _______________, 2019
____________________________ ______________________________
City Recorder Mayor
April 15, 2019, Public Hearing and Meeting – Item 2
April 15, 2019, Public Hearing and Meeting – Item 3
EUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Public Hearing and Possible Action: An Ordinance Adopting Hazardous Substance User Fees for the Fiscal Year Commencing July 1, 2019, and Providing for an Immediate Effective Date. Meeting Date: April 15, 2019 Agenda Item Number: 3 Department: Fire Staff Contact: James Lenhart
www.eugene-or.gov Contact Telephone Number: 541-682-7118
ISSUE STATEMENT In accordance with provisions of Section 54, Article VII of the Eugene City Charter and Section 3.694 of the City Code, the cost of running the Eugene Toxics Right-to-Know Program must be fully funded by fees assessed to local manufacturing businesses that are hazardous substance users. To support the program for the fiscal year July 1, 2019, through June 30, 2020 (FY20), the Toxics Board recommends that City Council adopt a fee of $62.230 per full-time-equivalent employee, up to the maximum of $2,000 per entity as provided by state law. The $62.230 is a decrease of $3.20 per FTE in comparison to last year’s fee. Program staffing level is to continue at 90 percent, which will facilitate staff time spent on implementing a comprehensive audit process of businesses currently in the program to ensure accuracy of reporting hazardous substance use and reporting FTE employees, continuing to identify businesses that meet the program requirements, and improving outreach to the public and businesses that report under the program. To comply with Charter requirements, the fees should be adopted and effective before May 1st. Therefore, this item is scheduled for public hearing and possible action at a single meeting and provides for an immediate effective date. The unanimous consent of the City Council is required for
the council to enact this ordinance following the public hearing. The affirmative vote of two-thirds of
the council is required for an effective date less than 30 days after enactment of the ordinance.
BACKGROUND Each year, beginning in 1998, council has approved fees to support the Eugene Toxics Right-to-Know Program, first by resolution, and later by ordinance due to changes in state law. Throughout the life of this program, the City has always assessed fees based on the number of persons employed by businesses required to be in the program. This is because the City is prohibited by state law from charging fees based on the quantity of chemicals used. Until 2004, the methodology was to poll businesses at the beginning of each calendar year and ask them to calculate and report their FTE for the preceding calendar year, then divide the program’s
April 15, 2019, Public Hearing and Meeting – Item 3
revenue requirement for the upcoming fiscal year by the total number of FTE reported, and bill accordingly. In 2004, a state-imposed fee cap of $2,000 per entity took effect (in accordance with ORS 453.370(2)(b)). Since that time, businesses are still polled for their FTE figures, the program’s revenue requirement is still divided by the total number of FTE reported, and businesses are still billed accordingly, with payment due May 1 each year as provided by the Charter. Additionally, the state-imposed fee cap of $2,000 per entity is taken into account. However, because of the state-imposed fee cap, those with a high number of FTE now pay a smaller amount per FTE to support the program. This has resulted in fee reductions for larger businesses, and fee increases for businesses that have not reached the $2,000 state-imposed fee cap. To date, efforts to address this perceived inequity, both locally and before the State Legislature, have been unsuccessful. Therefore, the recommendation before council at this time is to adopt a similar fee, similarly calculated, to those adopted in each of the past fourteen years. It is important to note that the state-imposed fee cap of $2,000 per entity has remained the same since taking effect in 2004. This state-imposed fee cap, coupled with rising program costs as well as inflation (all of which are beyond the Toxics Board’s scope of control), have created a very serious structural funding issue for the program. In a continued effort to balance the financial impact—especially for businesses that have not reached the $2,000 state-imposed fee cap—with maintaining staffing at a reasonable level, the Toxics Board voted unanimously to recommend a fee of $62.230 per FTE, which covers a budget of $130,610.10 to support the program for FY20. To calculate the fees for FY20, the total number of 4,652.306 FTE reported was used in conjunction with the revenue requirement of $130,610.10; then considering the maximum of $2,000 per entity as provided by state law, resulted in a fee of $62.230 per FTE, up to the state-imposed fee cap of $2,000 per entity. Compared to last year’s fee of $65.43 per FTE, this is a decrease of $3.20 per FTE. Any business with more than 32.13 FTE would pay the state-imposed fee cap of $2,000 per entity. In consideration of the Triple Bottom Line, the Eugene Toxics Right-to-Know Program and the work of the Toxics Board supports valuing all people and assists City Council, staff and the public to be responsible stewards of our physical assets and natural resources. Section 54, Article I of the City Charter reads as follows: The people of Eugene do hereby find that:
A. Exposure to toxic chemicals can damage human health and the environment; and
B. Citizens have a fundamental right to know the identity and amounts of toxic chemicals that
are released into the workplaces, air, water, soil, and environment of their community. The Eugene Toxics Right-to-Know Program requires businesses who meet certain criteria to provide information to the public concerning the use and disposition of federally-listed hazardous substances. The program is overseen by the Toxics Board who makes policy recommendations governing the program, and is authorized to enforce the reporting requirements and impose penalties. The Toxics Board is comprised of seven members: three members who are employed by
April 15, 2019, Public Hearing and Meeting – Item 3
or are agents of businesses required to report under the law; three who have a proven record of environmental advocacy; and one neutral member.
PREVIOUS COUNCIL DIRECTION There has been no previous City Council direction on this year’s Toxic User Fee. Previously, each year the City Council has passed an ordinance updating the user fee per the Toxics Right-to-Know Board’s recommendations.
COUNCIL OPTIONS 1. Adopt the Ordinance as proposed at a single meeting, effective immediately. 2. Adopt the Ordinance at a single meeting with a 30 day effective date. 3. Not act on the Ordinance tonight, in which case action will be scheduled for a future council meeting.
CITY MANAGER’S RECOMMENDATION The City Manager recommends Option 1, adoption of the ordinance at a single meeting, with an immediate effective date.
SUGGESTED MOTION Move to adopt Council Bill 5205, an Ordinance Adopting Hazardous Substance User Fees for the Fiscal Year commencing July 1, 2019, and providing for an immediate effective date.
ATTACHMENTS A. Proposed ordinance adopting hazardous substance user fees for the fiscal year commencing July 1, 2019 B. Toxics Right-to-Know program workplan for the fiscal year commencing July 1, 2019 C. Toxics Right-to-Know program user fee history document
FOR MORE INFORMATION Staff Contact: James Lenhart Telephone: 541-682-7118 Staff E-Mail: jlenhart@eugene-or.gov
Ordinance - Page 1 of 2
ORDINANCE NO. ________
AN ORDINANCE ADOPTING HAZARDOUS SUBSTANCE USER FEES FOR
THE FISCAL YEAR COMMENCING JULY 1, 2019, AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
The City Council of the City of Eugene finds that:
A.Pursuant to Article VII of Amendment IV to the Eugene Charter of 2002 (the
“Amendment”), the City Council has previously adopted Resolutions and Ordinances establishing
fees to be paid by hazardous substance users within the City with the most recent being
Ordinance No. 20589 which established fees to be paid by hazardous substance users for the
fiscal year commencing July 1, 2018.
B.In accordance with other requirements of the Amendment, the City Council, by
ordinance, has adopted the City’s Hazardous Substance Tracking Instructions, which provide
guidance to hazardous substance users in completing and submitting the reports required by the
Amendment.
C.Pursuant to ORS 453.370(2)(a), the City must adopt the hazardous substance user
fee schedule via ordinance after notice and public hearing. The City published and posted notice
of the public hearing to be held on April 15, 2019, concerning the proposed ordinance adopting
hazardous substance user fees, and such hearing was held before the Eugene City Council on
that date.
D.Pursuant to ORS 453.370(2)(b), the City cannot adopt a fee schedule that imposes
a fee of more than $2,000 for any single facility in any calendar year.
E.The Toxics Board has recommended a fee of $62.23 per FTE, not to exceed
$2,000 for any single facility for the 2019 calendar year, in order to cover the expenses of the
program for the fiscal year commencing July 1, 2019.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. A fee of $62.23 per FTE, not to exceed $2,000 for any single facility for the
2019 calendar year, is hereby imposed as the fee to be paid by hazardous substance users within
the City of Eugene.
Section 2. No enforcement action shall be taken against any reporting company for
failure to pay until after June 1, 2019.
Section 3. As used in this Ordinance, the terms “FTE” and “hazardous substance
users” have the meanings ascribed to them in Section 3.692 of the Eugene Code, 1971.
Section 4. The fees collected pursuant to this Ordinance shall be used for the purpose
of operating the Toxics Right-to-Know Program created by Amendment IV to the Eugene Charter
of 2002 and implemented by subsequent ordinances of the City.
ATTACHMENT A
April 15, 2019, Public Hearing and Meeting – Item 3
Ordinance - Page 2 of 2
Section 5. Pursuant to Section 32(2) of the Eugene Charter of 2002, with the
affirmative vote of two-thirds of the members of the City Council, this Ordinance shall become
effective immediately upon adoption by the City Council and approval by the Mayor. An
immediate effective date is necessary to ensure the City’s updated hazardous substance user
fees are effective prior to May 1, 2019, as required by Eugene Code section 3.694 and Article VII
of Amendment IV to the Eugene Charter of 2002.
Passed by the City Council this Approved by the Mayor this
____ day of April 2019. _____ day of April, 2019.
City Recorder Mayor
April 15, 2019, Public Hearing and Meeting – Item 3
TOXICS RIGHT-TO-KNOW
WORKPLAN
Fiscal Year ‘20
James Lenhart
Program Manager, City of Eugene
1320 Willamette St., Eugene, OR 97401
ATTACHMENT B
April 15, 2019, Public Hearing and Meeting – Item 3
1 | Page
Introduction
The Toxics Right-to-Know Program started in 1996 by amendment to the Eugene City Charter.
The Program was created to facilitate the collection and distribution of information related to
the use and disposition of federally listed hazardous substances, by qualifying businesses.
Since 1998 the program as been funded through the assessment of fees paid by businesses
which are: physically located within the Eugene city limits, use any quantity of listed
hazardous substances, have at least 10 full time equivalent (FTE) employees, and operate
within the #2000-3999 SIC codes.
Each section of the workplan as a summary, a list of general tasks, and an estimate of staff
time allotment. Tasks are grouped by similarity and by synergy (a decrease in time spent on
one can lead to an increase in another). Due to the interaction between tasks the time
allotment is given by section.
For fiscal year ’20, the Workplan has been created with a 90/10 split of staffing between the
Toxics Program and Eugene Springfield Fire Marshal’s Office. The Toxics Program will fully
fund ninety percent (90%) of staffing personnel costs (e.g. wages, benefits, taxes) and receive
a direct proportional amount of staff time over the course of the fiscal year. The remaining
ten percent (10%) will be funded by and time allotted to special projects as assigned by the
Fire Marshal’s Office.
Contents
Introduction ................................................................................................................................ 1
Budget, Fees, & Workplan .......................................................................................................... 2
Education, Outreach & PR .......................................................................................................... 3
Compliance and Auditing ........................................................................................................... 4
Program Management ............................................................................................................... 5
Board Support ............................................................................................................................ 6
Fire Marshal’s Office Projects ..................................................................................................... 6
Appendix A – Program Task Matrix ............................................................................................ 7
April 15, 2019, Public Hearing and Meeting – Item 3
2 | Page
Budget, Fees, & Workplan
The Program facilitates the annual requirement for the Toxics Board to recommend a program fee schedule
to the City Council. The Program develops: the annual budget with the Fire Administration, annual
Workplan with the Fire Marshal’s Office and Toxics Board, and a fee schedule for the Toxics Board approval.
The workplan and budget are utilized as supporting documentation for the proposed annual fee schedule.
By charter mandate the fee schedule is to fully fund the program through collected fees.
1.Facilitate process to assist Toxics Board recommend the annual hazardous substance user
fees.1
2.Work with Fire Chief and the Toxics Board to develop a work plan and facilitate process to
provide recommendation to City Manager and City Council for adoption as part of the
annual hazardous substance user fee.2
3.Facilitate process to assist City Council approve the annual hazardous substance user fees;
and Prepare and submit necessary paperwork and attend associated City Council Public
Hearings and Meetings.3
Estimated Budget, Fees, & Workplan Total = 5%
1 Article VI, Section 6.2.B.1
2 Article VI, Section 6.3
3 Article VII, Section 7.A
April 15, 2019, Public Hearing and Meeting – Item 3
3 | Page
Education, Outreach & PR
Providing orientations and educational sessions with new businesses and board members along with
informational presentations to community members is a critical element of the program. By ensuring full
understanding of the scope and purpose of the program, businesses are more likely to comply with the
mandate of the program.
1.Maintain content on the Toxics Board and Toxics Program’s webpages.4
2.Provide an orientation of the Toxics Program for new Toxics Board members,
manufacturing business representatives, environmental justice and advocacy
representatives and interested members of the public.4
3.Build and maintain good working relationships between the Toxics Program Manager and
Toxics Board members, the manufacturing business community, the environmental justice
and advocacy community and other program stakeholders. 4
4.Conduct public education and outreach efforts to increase transparency, understanding and
awareness of the program; including issue news releases to keep the media and community
informed; collaborate with the University of Oregon and Oregon State University, and to
provide graduate students with internship opportunities; hold ongoing informational work
sessions to give businesses and the community opportunities to learn and ask questions
about the program, and provide feedback; Monitor the Toxics Board’s email box, and
facilitate responses accordingly. 4
Estimated Education, Outreach, & PR Total = 17%
4 Necessary to support charter amendment
April 15, 2019, Public Hearing and Meeting – Item 3
4 | Page
Compliance and Auditing
As much as possible, the program attempts to proactively encourage compliance. Through proper guidance
and education, provided to businesses within the program, coupled with auditing of submitted data the
need for more extreme activities from non-compliance has been kept to a minimum. The charter mandated
activities, for when a business is non-compliant, have been budgeted at under 1% of program staff time
since they are on an as needed basis and rarely needed.
1.Work with businesses in the program to assist them in successfully meeting Charter
Amendment hazardous substance reporting requirements and Charter mandated deadline
of April 1st: including providing information and assistance.5
2.Report to the Fire Marshal the names of any hazardous substance users in non-compliance
with hazardous materials balance reports requirements.6
3.Publish names of non-complying entities in the daily newspaper.7
4.Investigate evidence of reports not filed in compliance with the Charter Amendment.8
5.Audit the accuracy of hazardous materials balance reports for the Fire Marshal: including
follow-up work with businesses to assist them in reconciling errors accurately (site audits
are permitted, not required); Conduct site visits of newly-identified businesses as part of
Toxics Program representative orientation; Work with Toxics Board to update procedure to
implement a more comprehensive audit process, including cross-referencing data reported
under other programs.9
6.Work with businesses in the program to assist them in reporting FTE, which the annual fee
is based upon; Work with Toxics Board to implement procedure to verify accuracy of
number of reported FTE; Perform data entry, print and send invoices to businesses in the
program; and Assist businesses in the program meeting the Charter-mandated deadline of
May 1st for payment of invoices.10
7.Enforce reporting requirements and impose penalties for noncompliance.11
8.Order non-complying repeat offenders to cease and desist using hazardous substances in
the City of Eugene.12
9.Members of the Public: Petition the Toxics Board against hazardous substance users or
persons for failure to comply with the Charter Amendment.13
Estimated Compliance & Auditing Total = 25%
5 Article IV, Section 4
6 Article VI, Section 6.2.C
7 Article VI, Section 6.2.D
8 Article VI, Section 6.2.E
9 Article VI, Section 6.2.F
10 Article VII, Section 7.A
11 Article VIII, Section 8.1
12 Article VII Section 8.2.E
13 Article VIII, Section 8.3
April 15, 2019, Public Hearing and Meeting – Item 3
5 | Page
Program Management
Beyond the previous sections there are many tasks that must be completed to maintain an effective and
efficient program. The Program operates in a balance between needs of the Board, facilitating the program
mandates, and needs of the Fire Marshal’s Office. Annual reporting, process evaluation and improvement,
program research, and much more must take place for the program to operate and optimum efficacy.
1.Facilitate process to assist Toxics Board provide forms for hazardous materials balance
reports to be filed electronically that are compatible with the Eugene Public Library’s
computer systems; and work with Information Technology staff to build or purchase a more
efficient records and data management program/system.14
2.Collaborate with other City staff and community organizations on relevant citywide projects
and processes (e.g.: participate as a member of the Lane County Local Emergency Planning
Committee (LEPC); participate in the Envision Eugene planning process).15
3.Facilitate process to assist Toxics Board make hazardous materials balance reports available
at the Eugene Public Library.16
4.Facilitate process to help Toxics Board file an annual report on the effectiveness of the
program, and any recommendations for improvements: including preparing draft report for
Toxics Board review, edits and approval, and submitting to City Council on the Toxics
Board’s behalf.17
5.Monitor applicable Federal regulatory program websites and state program databases to
keep related local program information current and accurate.15
6.Conduct inventory processes to identify covered entities and implement processes and
procedures to proactively identify covered entities in the future because with each business
that is successfully identified, it extends the financial burden across industry more fairly and
equitably and lowers the cost per full-time equivalent (FTE) employee and the cost to
smaller businesses. 15
7.Conduct ongoing continuous improvement program and process analyses and make
recommendations to Toxics Board for improvements as necessary. 15
Estimated Program Management Total = 32%
14 Article IV, Section 4
15 Necessary to support charter amendment
16 Article V, Section 5.1.F
17 Article VI, Section 6.2.B.3
April 15, 2019, Public Hearing and Meeting – Item 3
6 | Page
Board Support
A critical element of the program operations is to support the Toxics Right-to-Know Board to facilitate
effective operation. The Program facilitates: communication of recommendations from the Board to the City
Council and City Manager, posting and filling of Board vacancies, coordination of Board meetings, and other
special projects as developed by the Board.
1.Facilitate process to ensure Toxics Board members are appointed; including filling vacancies
on the Toxics Board due to mid-term resignations; Prepare and submit necessary
paperwork and attend City Council Public Hearings and Meetings for new Toxics Board
member candidate interviews and appointments.18
2.Facilitate process to assist City Council enact reasonable ordinances necessary for carrying
into execution the provisions of the Charter Amendment upon recommendation of the
Toxics Board (not already specifically shown above).19
3.Facilitate Toxics Board meetings and completion of projects and processes to ensure
compliance with the Charter Amendment (including Toxics Board meeting preparation,
attendance and follow-up). 20
4.Facilitate process to assist the Toxics Board recommend and the City Manager conduct
Administrative Rule processes for updates to the Hazardous Substance Tracking Instructions
and List of Reportable Chemicals; and Publish and distribute Hazardous Substance Tracking
Instructions and List of Reportable Chemicals to reporting businesses in the program;
publish corresponding Citizen Guide.20
Estimated Board Support Total = 11%
Fire Marshal’s Office Projects
When 100% of the staffing allotment is not planned to be utilized by the Toxics Program, the remainder is
funded and utilized by the Fire Marshal’s Office. This time can be utilized for special projects on an as
needed basis to support the mission of the Fire Marshal’s Office and the Eugene Springfield Fire Department
as a whole.
Fire Marshal’s Office Projects Total = 10%
18 Article VI, Section 6.1
19 Article X, Section 10
20 Necessary to support charter amendment.
April 15, 2019, Public Hearing and Meeting – Item 3
Appendix A – Program Task Matrix
EXPLICITLY MANDATED BY SECTION 54, AMENDMENT IV
OF THE EUGENE CHARTER; OR NECESSARY TO SUPPORT
CHARTER AMENDMENT STAFF TASKS
APPROXIMATE
% OF STAFF
TIME
PROGRAM AREA AND TASK
NUMBER
Charter Mandate – Article VI, Section 6.2.B.1 and
Article VII, Section 7.B: Toxics Board: Recommend
annual hazardous substance user fees
Facilitate process to assist Toxics Board recommend the annual hazardous
substance user fees 2% Budget, Fees, & Workplan #1
Charter Mandate – Article VI, Section 6.3: City
Manager: Work with the Toxics Board jointly to
determine the appropriate support services for the
program
Work with Fire Chief and the Toxics Board to develop a work plan, and
facilitate process to provide recommendation to City Manager and City
Council for adoption as part of the annual hazardous substance user fee
2% Budget, Fees, & Workplan #2
Charter Mandate – Article VII, Section 7.B: City Council:
Approve and amend as necessary annual hazardous
substance user fees
Facilitate process to assist City Council approve the annual hazardous
substance user fees; and Prepare and submit necessary paperwork and
attend associated City Council Public Hearings and Meetings
1% Budget, Fees, & Workplan #3
Necessary to Support Charter Amendment Maintain content on the Toxics Board and Toxics Program’s webpages 2% Education, Outreach, & PR #1
Necessary to Support Charter Amendment
Provide an orientation of the Toxics Program for new Toxics Board
members, manufacturing business representatives, environmental justice
and advocacy representatives and interested members of the public
3% Education, Outreach, & PR #2
Necessary to Support Charter Amendment
Build and maintain good working relationships between the Toxics
Program Manager and Toxics Board members, the manufacturing
business community, the environmental justice and advocacy community
and other program stakeholders
3% Education, Outreach, & PR #3
Necessary to Support Charter Amendment
Conduct public education and outreach efforts to increase transparency,
understanding and awareness of the program; including issue news
releases to keep the media and community informed; collaborate with the
University of Oregon and Oregon State University, and to provide
graduate students with internship opportunities; hold ongoing
informational work sessions to give businesses and the community
opportunities to learn and ask questions about the program, and provide
feedback; Monitor the Toxics Board’s email box, and facilitate responses
accordingly
9% Education, Outreach, & PR #4
Charter Mandate – Article IV, Section 4: Hazardous
Substance Users: File annual, public, hazardous
materials balance report; and File a signed declaration
certifying that the hazardous materials balance reports
filed are accurate and complete
Work with businesses in the program to assist them in successfully
meeting Charter Amendment hazardous substance reporting
requirements and Charter-mandated deadline of April 1st: including
providing information and assistance
12% Compliance and Auditing #1
Charter Mandate – Article VI, Section 6.2.C: Toxics
Board: Report to the Fire Marshal the names of any
hazardous substance users in non-compliance with
hazardous materials balance reports requirements
Percentage of staff time is currently zero because work is done to assist
businesses understanding program requirements on a proactive basis to
avoid this situation from occurring
<1% Compliance and Auditing #2
April 15, 2019, Public Hearing and Meeting – Item 3
8 | Page
EXPLICITLY MANDATED BY SECTION 54, AMENDMENT IV
OF THE EUGENE CHARTER; OR NECESSARY TO SUPPORT
CHARTER AMENDMENT STAFF TASKS
APPROXIMATE
% OF STAFF
TIME
PROGRAM AREA AND TASK
NUMBER
Charter Mandate – Article VI, Section 6.2.D: Toxics
Board: Publish names of non-complying entities in the
daily newspaper
Percentage of staff time is currently zero because work is done to assist
businesses understanding program requirements on a proactive basis to
avoid this situation from occurring
<1% Compliance and Auditing #3
Charter Mandate – Article VI, Section 6.2.E: City Fire
Marshal: Investigate evidence of reports not filed in
compliance with the Charter Amendment
Percentage of staff time is currently zero because work is done to assist
businesses understanding program requirements on a proactive basis to
avoid this situation from occurring
<1% Compliance and Auditing #4
Charter Mandate – Article VI, Section 6.2.F: City Fire
Marshal: Audit the accuracy of the reporting processes
of each hazardous substance user in an order such that
all hazardous substance users are audited in a random
order at least once every three years
Audit the accuracy of hazardous materials balance reports for the Fire
Marshal: including follow-up work with businesses to assist them in
reconciling errors accurately (site audits are permitted, not required);
Conduct site visits of newly-identified businesses as part of Toxics
Program representative orientation; Work with Toxics Board to update
procedure to implement a more comprehensive audit process, including
cross-referencing data reported under other programs
9% Compliance and Auditing #5
Charter Mandate – Article VII, Section 7.A and Article
VII, Section 7.C: Hazardous Substance Users: Pay an
annual fee to cover program expenses
Work with businesses in the program to assist them in reporting FTE,
which the annual fee is based upon; Work with Toxics Board to implement
procedure to verify accuracy of number of reported FTE; Perform data
entry, print and send invoices to businesses in the program; and Assist
businesses in the program meeting the Charter-mandated deadline of
May 1st for payment of invoices
3% Compliance and Auditing #6
Charter Mandate – Article VIII, Section 8.1: Toxics
Board: Enforce reporting requirements and impose
penalties for noncompliance
Percentage of staff time is currently zero because work is done to assist
businesses understanding program requirements on a proactive basis to
avoid this situation from occurring
<1% Compliance and Auditing #7
Charter Mandate – Article VIII, Section 8.2.E: City
Manager: Order non-complying repeat offenders to
cease and desist using hazardous substances in the City
of Eugene
Percentage of staff time is currently zero because work is done to assist
businesses understanding program requirements on a proactive basis to
avoid this situation from occurring
<1% Compliance and Auditing #8
Charter Mandate – Article VIII, Section 8.3: Members of
the Public: Petition the Toxics Board against hazardous
substance users or persons for failure to comply with
the Charter Amendment
Percentage of staff time is currently zero because historically, this
situation has not occurred; however, if it were to occur, staff time would
need to be reallocated accordingly to manage the process
<1% Compliance and Auditing #9
Charter Mandate – Article V, Section 5.1.C and Article
VI, Section 6.2.A: Toxics Board: Provide forms for
hazardous materials balance reports to be filed
electronically that are compatible with the Eugene
Public Library’s computer systems
Percentage of staff time is currently zero because online data entry
system for hazardous materials balance reports has been developed and
implemented
<1% Program Management #1
Necessary to Support Charter Amendment
Facilitate process to assist Toxics Board provide forms for hazardous
materials balance reports to be filed electronically that are compatible
with the Eugene Public Library’s computer systems; and work with
9% Program Management #1
April 15, 2019, Public Hearing and Meeting – Item 3
9 | Page
EXPLICITLY MANDATED BY SECTION 54, AMENDMENT IV
OF THE EUGENE CHARTER; OR NECESSARY TO SUPPORT
CHARTER AMENDMENT STAFF TASKS
APPROXIMATE
% OF STAFF
TIME
PROGRAM AREA AND TASK
NUMBER
Information Technology staff to build or purchase a more efficient records
and data management program/system
Necessary to Support Charter Amendment
Collaborate with other City staff and community organizations on relevant
citywide projects and processes (e.g.: participate as a member of the Lane
County Local Emergency Planning Committee (LEPC); participate in the
Envision Eugene planning process)
1% Program Management #2
Charter Mandate – Article V, Section 5.1.F: Toxics
Board: Make hazardous materials balance reports
available at the Eugene Public Library for seven years
Facilitate process to assist Toxics Board make hazardous materials balance
reports available at the Eugene Public Library 1% Program Management #3
Charter Mandate – Article VI, Section 6.2.B.3: Toxics
Board: File an annual report on the effectiveness of the
program, and any recommendations for improvements
Facilitate process to help Toxics Board file an annual report on the
effectiveness of the program, and any recommendations for
improvements: including preparing draft report for Toxics Board review,
edits and approval, and submitting to City Council on the Toxics Board’s
behalf
1% Program Management #4
Necessary to Support Charter Amendment
Monitor applicable Federal regulatory program websites and state
program databases to keep related local program information current and
accurate
1% Program Management #5
Necessary to Support Charter Amendment
Conduct inventory processes to identify covered entities, and implement
processes and procedures to proactively identify covered entities in the
future because with each business that is successfully identified, it
extends the financial burden across industry more fairly and equitably and
lowers the cost per full-time equivalent (FTE) employee and the cost to
smaller businesses
13% Program Management #6
Necessary to Support Charter Amendment
Facilitate Toxics Board meetings and completion of projects and processes
to ensure compliance with the Charter Amendment (including Toxics
Board meeting preparation, attendance and follow-up); and Conduct
ongoing continuous improvement program and process analyses, and
make recommendations to Toxics Board for improvements as necessary
6%
6%
Program Management #7
Board Support #3
Charter Mandate – Article VI, Section 6.1: City Council:
Appoint Toxics Board members
Facilitate process to ensure Toxics Board members are appointed;
including filling vacancies on the Toxics Board due to mid-term
resignations; Prepare and submit necessary paperwork and attend City
Council Public Hearings and Meetings for new Toxics Board member
candidate interviews and appointments
3% Board Support #1
Charter Mandate – Article X, Section 10: City Council:
Enact reasonable ordinances necessary and proper for
carrying into execution the provisions of the Charter
Facilitate process to assist City Council enact reasonable ordinances
necessary for carrying into execution the provisions of the Charter
Amendment upon recommendation of the Toxics Board (not already
specifically shown above)
1% Board Support #2
April 15, 2019, Public Hearing and Meeting – Item 3
10 | Page
EXPLICITLY MANDATED BY SECTION 54, AMENDMENT IV
OF THE EUGENE CHARTER; OR NECESSARY TO SUPPORT
CHARTER AMENDMENT STAFF TASKS
APPROXIMATE
% OF STAFF
TIME
PROGRAM AREA AND TASK
NUMBER
Amendment upon recommendation of the Toxics
Board
Necessary to Support Charter Amendment
Facilitate process to assist the Toxics Board recommend and the City
Manager conduct Administrative Rule processes for updates to the
Hazardous Substance Tracking Instructions and List of Reportable
Chemicals; and Publish and distribute Hazardous Substance Tracking
Instructions and List of Reportable Chemicals to reporting businesses in
the program; publish corresponding Citizen Guide
1% Board Support #4
TOTAL APPROXIMATE % OF STAFF TIME 90%
April 15, 2019, Public Hearing and Meeting – Item 3
Eugene Toxics Right-to-Know Program
Fee History Eugene City Charter, Section 54, Amendment IV adopted 11/96 Fiscal Year 1997 and Fiscal Year 1998 – The program was supported by the City of Eugene’s General Fund in accordance with the Eugene City Charter, Section 54, Amendment IV, Article VII, Section 7(D). Beginning spring 1998, fees charged in the spring of a calendar year supported the program for the upcoming fiscal year. This continues to be the case. 1998 fee -- $500/facility + $16.12/FTE (Charged to reporting businesses) 1999 fee -- $500/facility + $7.92/FTE (Charged to reporting businesses) Due to the 05/05/99 Oregon Court of Appeals decision that the City had been assessing fees based on quantity all fees paid in1998 and 1999 fees were refunded. To keep the voter-approved Charter Amendment in force, the City was required to create – and assess fees to – an additional class of businesses that did not meet the 2,640-pound reporting threshold but did meet the other three criteria to be considered hazardous substance users. This class of businesses are categorized as non-reporting businesses under the program. Therefore, starting in the year 2000, fees have been assessed to both reporting and non-reporting businesses. 2000 fee -- $14.310/FTE 2001 fee -- $12.540/FTE 2002 fee -- $10.790/FTE 2003 fee -- $13.920/FTE State-imposed fee cap of $2,000 per facility took effect 7/1/03 (ORS 453.370(2)(b)). 2004 fee -- $31.650/FTE up to $2,000 2005 fee -- $30.940/FTE up to $2,000 2006 fee -- $31.300/FTE up to $2,000 2007 fee -- $37.380/FTE up to $2,000 2008 fee -- $46.200/FTE up to $2,000 2009 fee -- $52.380/FTE up to $2,000 2010 fee -- $55.480/FTE up to $2,000 2011 fee -- $53.340/FTE up to $2,000 2012 fee -- $79.000/FTE up to $2,000 2013 fee -- $82.690/FTE up to $2,000 2014 fee -- $56.750/FTE up to $2,000 2015 fee -- $56.080/FTE up to $2,000 2016 fee -- $48.290/FTE up to $2,000 2017 fee -- $63.120/FTE up to $2,000 2018 fee -- $65.430/FTE up to $2,000 (proposed) 2019 fee -- $62.230/FTE up to $2,000
ATTACHMENT C
April 15, 2019, Public Hearing and Meeting – Item 3
April 15, 2019, 2019, Public Hearing and Meeting – Item 4
EUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Action: An Ordinance Concerning Unlawful Transfer on Vehicular Portion of Right-of-Way, Adding Section 5.170 to the Eugene Code, 1971, and Amending Section 5.990 of that Code. Meeting Date: April 15, 2019 Agenda Item Number: 4 Department: Police Department Staff Contact: Lieutenant Jennifer Bills
www.eugene-or.gov Contact Telephone Number: 541-682-5820
ISSUE STATEMENT The City Council is scheduled for a public hearing on an ordinance prohibiting drivers and passengers in vehicles from passing items to pedestrians unless the vehicle is legally parked. The ordinance that is the subject of the public hearing will add a new section (5.170) to Chapter 5 of the City’s Code and amend section 5.990 of the code to provide a maximum fine of $50 for the offense.
BACKGROUND On April 4, 2016, the City of Springfield adopted code section 6.112, Unlawful Transfer on Vehicular Portion of the Right-of-Way to Ordinance. At council’s January 14, 2019, work session, the maker of the motion to schedule a public hearing on an ordinance that mirrors Springfield’s ordinance stated that he was making the motion in response to overwhelming constituent input, that he was bringing it up as a safety issue, that it has been successful in Springfield at “keeping people safe in the roadways and medians,” and because he wanted to hear from the public about it. On February 19, 2019, City Council held a public hearing on the issue. Of the 37 people who spoke, 10 spoke in favor of the ordinance and 17 spoke in opposition.
PREVIOUS COUNCIL DIRECTION January 14, 2019, Work Session Move to direct the City Manager to prepare an ordinance that mirror’s Springfield Municipal Code section 6.112 Unlawful Transfer on Vehicular Portion of the Right-of-Way and schedule a Public Hearing. (Motion passed 6-2) February 19, 2019, Public Hearing
February 19, 2019, Public Hearing and Meeting – Item 4
COUNCIL OPTIONS 1. Adopt the ordinance as proposed. 2. Adopt the ordinance with modifications as determined by the City Council. 3. Take no action on the ordinance.
CITY MANAGER’S RECOMMENDATION No recommendation at this time.
MOTION Move to adopt Council Bill 5203, an Ordinance Concerning Unlawful Transfer on Vehicular Portion of Right-of-Way, Adding Section 5.170 to the Eugene Code, 1971, and Amending Section 5.990 of that Code.
ATTACHMENTS A. Ordinance on Unlawful Transfer on Vehicular Portion of the Right-of-Way
FOR MORE INFORMATION Staff Contact: Lieutenant Jennifer Bills Telephone: 541-682-5820 Staff E-Mail: jbills@eugene-or.gov
ATTACHMENT A
Ordinance - Page 1 of 1 February 19, 2019, Public Hearing and Meeting – Item 4
ORDINANCE NO. ________
AN ORDINANCE CONCERNING UNLAWFUL TRANSFER ON
VEHICULAR PORTION OF RIGHT-OF-WAY, ADDING SECTION 5.170
TO THE EUGENE CODE, 1971, AND AMENDING SECTION 5.990 OF
THAT CODE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 5.170 of the Eugene Code, 1971, is added to provide as follows:
5.170 Unlawful Transfer on Vehicular Portion of the Right-of-Way. Unless the
vehicle is legally parked, no person, while a driver or a passenger in a
vehicle, may give or relinquish possession or control of, or allow
another person in the vehicle to give or relinquish possession or
control of, any item of property to a pedestrian.
Section 2. Section 5.990 of the Eugene Code, 1971, is amended by adding
subsection (7) to provide as follows:
5.990 Penalties - Specific.
(7) Violation of Section 5.170 is punishable by fine not to exceed $50.
Section 3. The City Recorder, at the request of, or with the consent of the City
Attorney, is authorized to administratively correct any reference errors contained herein,
or in other provisions of the Eugene Code, 1971, to the provisions added, amended or
repealed herein.
Passed by the City Council this Approved by the Mayor this
___ day of _______________, 2019 ____ day of _______________, 2019
______________________________ ______________________________
City Recorder Mayor