8D Consent 2011 0321 - Laserfiche WebLink

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CITY OF SAN LEANDRO APPROVED AND FORWARDED STAFF REPORT TO CITY COUNCIL Stephen Hollister DATE: March 21, 2011 City Manager TO: Stephen Hollister, City Manager FROM: Michael Bakaldin, Director of Public Works MS BY: John Camp, Environmental Services Supervisor SUBJECT PROJECT /PROJECT DESCRIPTION: AN ORDINANCE REPEALING SECTION 3- 17- 125(c) OF THE SAN LEANDRO MUNICIPAL CODE, AND ADOPTING A REVISED SECTION 3- 17- 125(c) RELATING TO COMMUNITY RIGHT TO KNOW - TRADE SECRETS SUMMARY AND RECOMMENDATION In order to comply with State law, it is recommended that the San Leandro Municipal Code [SLMC], Title 3 Health and Safety, Chapter 17 Hazardous Materials, Section 125 Community Right to Know —Trade Secrets, be amended to reduce the number of days from 45 to 30 within which information must be released to the public by the Administrator after notice to the handler. BACKGROUND San Leandro's municipal code pertaining to hazardous materials trade secret timelines is not in conformity with State Law. State Law, in Section 25511(c) of the California Health and Safety Code, requires a maximum time frame of 30 days. While the City may be more stringent and set the time frame to fewer days in a local ordinance, it may not be less stringent setting the time frame to more than 30 days. Consequently, the ordinance must be revised to meet the minimum time frame of 30 days. In addition, minor text changes are recommended in order to provide increased clarity. Current City Council Policy Current policy to maintain control of regulatory programs at the local level in lieu of those programs being implemented by a county, state or federal agency provides a higher degree of integration and strategic planning into the overall plan and development of the City. It promotes stability, consistency and provides a local single point of contact within the community. Previous City Council Action(s) On March 19, 2001 Ordinance No. 2001 -07 amended Title III, Chapter 17, Hazardous Materials. Fiscal Impact There is no fiscal impact associated with this recommendation.