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if that were the case right now. But right now there is no candidacy. Should there be a candidacy that would be a consideration. A citizen qualified to run for office has every right to do so. However, there is not necessarily a right to have a contract with the government which requires meeting certain qualifications. The second issue aside from implied endorsement, whether it is true or not, if it comes to your attention as a representative of the people it would be a legitimate matter in which you could exercise your discretion. The other issue is, as the newspaper would be receiving compensation or payments from the City for official advertising, one might ask the questions, whether or not those payments so substantially bore upon the financial integrity of the newspaper itself, as to give rise to the use of public funds or the vehicle for the candidacy of the publisher. It is an unusual situation if not without precedent. It is the flip side of the mass mailing issue for incumbents. It may be a legitimate question for the Council if the occasion arises to inquire of the newspaper as to what percentage of the gross revenues of the newspaper is supported by the City. In response to questions from the Council as to the appropriateness of Mr. Joe Steinfeld passing notes to Councilwoman Steinfeld during Council discussion, or any member of the public passing notes to Council Members, City Manager Everett advised that the issue could be discussed during the Council workshop on January 28, 1995. MEMO 12/20/94 Councilwoman Steinfeld referred to the Tribune's endorsement of three candidates in the City of Redwood City in the last election and their unprecedented mass mailing. Councilwoman Steinfeld added that should the owner of the Redwood City Almanac become a candidate for Council in the future, the Council could look at and look into temporary suspension of the official newspaper contract. Councilwoman Steinfeld called for the question. In order to allow for further speakers, Councilman Sanfilipo withdrew his second and the motion died for lack of a second. MINUTE ORDER NO. 94-273 William Pritchard, Attorney in Redwood City, 710 Winslow, Redwood City, stated that the issue of responsibility is not a matter to be considered, as the Almanac was the publisher of the City's legal advertising 12 ofthe last 13 years. As to the City Attorney's comments about percentage of income, the Almanac is still publishing in absence of the contract and will continue to do so. Mr. Pritchard stated the issue is the City Charter, and contrary to the opinion of the City Attorney, the Charter provision could not be more clear. Courts in interpreting these issues look at common English usage - lowest means lowest - in a group of things, only one can be lowest, unless it is a tie. The Almanac is the lowest bidder and is responsible based on its track record, and the Council has no other legal choice but to award the bid to the Redwood City Almanac. MINUTE BOOK NO. 52 Regular Meeting Minutes Page No. 474 December 19, 1994 Page 11