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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2011 -005 AN ORDINANCE OF THE CITY OF SAN LEANDRO 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. The City Council of the City of San Leandro does ORDAIN as follows: SECTION 1. PURPOSE. In order to comply with State law, the San Leandro Municipal Code, Title 3 Health and Safety, Chapter 17 Hazardous Materials, Section 125 Community Right to Know —Trade Secrets is 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. SECTION 2. AMENDMENT OF CODE. Section 3- 17- 125(c) of the San Leandro Municipal Code is repealed and replaced to read as follows: (c) Upon receipt of a request for the release of information to the public which includes information identified by the handler to the Administrator as a trade secret under subsection (b) of this section, the Administrator shall notify the handler in writing of the request by certified mail, return receipt requested. The Administrator shall release the information to the public, but not earlier than thirty (30) days after the mailing of such notice, unless prior to the expiration of said thirty (30) days, the handler institutes an action in an appropriate court for a declaratory judgment that such information is subject to protection under subsection (b) of this section and/or obtains an injunction prohibiting disclosure. The handler and the member(s) of the public requesting disclosure shall be considered the real parties in interest in any such action, and the City of San Leandro, if named, will be a disinterested party. SECTION 3. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of San Leandro hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof is declared invalid or unenforceable. SECTION 4. EFFECTIVE DATE AND PUBLICATION. This ordinance shall take effect thirty (30) days after adoption. The City Clerk is directed to publish the title once and post a complete copy thereof on the City Council Chamber bulletin board for five (5) days prior to adoption.