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. I . I . II - Council Member Hartnett said, "I agree with Council Member Claire and Council Member Ruskin's analysis. I would like to point out that the percentage difference in the bids is quite stark. The Almanac bid is 65% less per column inch on the public notices and 85% less on the display ads. I think those percentages are quite significant. It is not a close call in terms of what is lowest. I think that the policy with respect to reaching the most people with the most information is one that this Council has already adopted separate and apart from the legal advertising. We have authorized advertising in the Tribune previously as a supplement to legal advertising from a designated newspaper. We make information available in other ways than just advertising, and I think the law does not preclude us from using our City web site ITom advertising positions that are available on our Commissions and Committees and other information related to the City. If the Council has a concern about more widely distributing information, we have it within our power to cause information to be distributed more widely, separate and apart from the legal advertising. This process ought not to be a political process. I think we need to follow the dictates of our Charter. It is not a close call ITom a legal point of view. It is not a close call ITom a financial point of view." Council Member Leipzig said, "There is a reason we put ads in the Tribune and other newspapers for the various appointments to Committees, Commissions, and City announcements we want to get out to the broadest base of people. I would suggest we could save $50,000 which is much more than we are talking here if we just eliminated the Redwood City Connection and did more advertising in the genuine newspapers." - Vice Mayor Ruskin said, "All that may be true, but we do have an obligation to follow the law. That is rather basic. We are a govemment of law, not of people, and Council Member Leipzig advised us that perhaps the paid circulations are even equal, but it is the unpaid he was thinking of. The Charter is very clear in that regard. It doesn't even mention unpaid circulation. It tells us it will be awarded to the lowest responsible bidder. If there are two or more low bids, the Council should award the contract to the newspaper having the largest paid circulation. That is what the law says, however much we might wish it to be otherwise. That's the law." Council Member Leipzig said, "We do have cases that overrule that, and that is the gray area that I am talking about, but I will call for the question." Council Member Hartnett said, "It is just wrong, in my opinion, to say that we have cases that overrule our Redwood City Charter in that respect. It is simply not correct. It was not a correct statement of the law. I think that Council Member Claire and Vice Mayor Ruskin have correctly pointed out a proper understanding of the City Charter, which is clear in the reading of the Charter." - REGULAR COUNCIL MEETING MINUTE BOOK NO. 56 JANUARY 12, 1998 MINUTES Page No. 167 PAGE 14