CC Min 2003-01-13 Reg - Laserfiche WebLink

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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 way in which two or more bidders can provide the information in a competitive way, there is no allowance for competition in a free and fair way. If legal support for setting additional criteria is attained, then the criteria can be adopted, issued to those wishing to bid and then evaluation of the bids based upon the criteria that everyone knows about. He recommended deferring the matter, obtaining the legal — advice, and should the advice confirm that specific criteria may be required, go to bid with those qualifications. Council Member Jordan stated she would vote against the motion as well in order to avoid any legal ramifications. She further stated that she would like to make a motion to remove from the item from consideration at this time and request the City Attorney examine working with the Charter language and either further define "responsible" or incorporate circulation into the required qualifications. City Attorney Yamamoto requested clarification as to whether the motion is designed to table the item or at this time, reject all bids. If tabling the motion, the item can be brought back on a certain date, the award of this particular bid. If rejecting all bids, this particular bid process would end and at such time that the City Council directs, the City Clerk would go out for bids. M/S Jordan /Howard to table the item and direct the City Attorney to investigate whether specific bidding requirements may be used. The motion passed by a unanimous voice vote. (304) MINUTE ORDER 03 -15 REGULAR CITY COUNCIL MEETING JANUARY 13, 2003 MINUTES PAGE 7 MINUTES Book No. 59 Page No. 359