AgdaPkt 2003-02-10 - Laserfiche WebLink

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that a public notice placed in the Daily News would get to the public. He further stated that his answer is no, that it would be perfunctory. A notice, however, placed in the Independent, is not perfunctory. His conclusion was that to choose one over the other for a matter of $.03 per square inch, is upholding the letter of the law but violating the spirit and intent. Vice Mayor Ira stated that the issue is not achieving the intent of the public notices through the circulation and the mode of delivery of the Daily News. He stated that because of the total circulation and mode of circulation, that the Daily News would not be responsibly publishing the notices in Redwood City and therefore, should be rejected as not being a responsible bidder. Council Member Howard stated her pleasure with the discussion to study any interpretation that could make it a better choice each year. She further stated that an audit appears to be a requirement that would ensure circulation requirements are met. Public Comment. Rudy Luca stated that from his perspective, the Independent has been doing a good job posting the public notices and stated that he disagrees with the City Attorney that the lowest bid is taken. He stated that there have been cases where a low bid was submitted and contracts awarded to higher bidders. He asked does the Council or staff think they will obtain a better situation with $.03 less and stated that the Council should go with the Independent. Mayor Claire stated that this is not the first or the last time that this issue is before the Council. He stated that the Council has always accepted the lowest bid in compliance with the City Charter. The one time was when the Times Tribune submitted a lower bid than the Almanac. The Times Tribune headline stated that they would be out of business in six months, and at that time, he voted for the Almanac because it was, indeed, a responsible bidder. Mayor Claire further stated that the Charter is specific and does not take circulation divided into column inch or any other methodology into consideration. He stated that he thinks it is time the City seriously considers amending the Charter to bring it up to date. He also stated that he would like the City Attorney and staff to examine alternative means of delivering public notices and that it does not need to be in a public newspaper. M/S Ruskin /Ira to select the Independent as the newspaper for publishing legal notices. Vote on motion: Ayes: Council Member Ruskin and Vice Mayor Ira; Noes: Council Members Hartnett, Howard, Jordan, Pierce and Mayor Claire. The motion failed. Council Member Hartnett stated that he would like to select the Independent because of the circulation and value. He further stated he could not vote for the motion because while the spirit of the law is important, his fidelity is to the letter of the law. He stated that, unless defined in advance, what responsible means in a REGULAR CITY COUNCIL MEETING JANUARY 13, 2003 MINUTES PAGE 6