Resolution 12675CITY OF ALAMEDA RESOLUTION NO. 12675
AWARDING NEWSPAPER CONTRACT FOR FISCAL
YEAR 1995/1996
WHEREAS, pursuant to Alameda City Charter section 3-18, the
City Clerk solicited bids for the publication of the City's
newspaper advertising for the fiscal year 1995-1996; and
WHEREAS, pursuant to such request for bids, bids were
submitted by the Alameda Journal and Alameda Star-Times, both
newspapers of general circulation; and
WHEREAS, the Alameda Times-Star filed objections to the bid of
the Alameda Journal on the grounds that it did not meet the
requirement of section 3-18, that it have a bona fide paid
circulation of at least 1000 copies; and
WHEREAS, the Alameda Journal filed objections to the bid of
the Alameda Times-Star on the grounds that the newspaper is not
printed in the City of Alameda, and therefore, not published in the
City of Alameda as required by section 3-18; and
WHEREAS, each newspaper has submitted to the City Council its
reasons why they meet the charter requirements; and
WHEREAS, the City Council finds that the City Charter
requirement that the newspaper of general circulation to which a
contract would be awarded be "published in the City for a period of
not less than one year immediately preceding the making of such
bid, and having a bona fide paid circulation of at least one
thousand copies" is a municipal affair, and a legal requirement of
the charter to provide a minimum standard to assure that the
newspaper advertising of the city will reach at least a minimum
number of people; and
WHEREAS, the Alameda Journal admits it does not have a paid
circulation of 1000, and is therefore disqualified under the City
Charter; and
WHEREAS, the Alameda Times-Star admits it is not printed in
the City of Alameda but contends that the City Council should
determine that it is published within the City of Alameda; and
WHEREAS, the City Council finds that it was the intention of
the drafters of the City Charter that "publish" means that it shall
be issued from the place where the paper was printed and sold; and
WHEREAS, the City Council finds that the citizens of Alameda,
in adopting the charter, could not have contemplated the
applicability of Section 6008 because that section was enacted in
1974, some thirty seven years after the adoption of the charter;
and
WHEREAS the City Council finds the Alameda Star-Times
disqualified under the City Charter because it is not published in
the City; and
WHEREAS, the City Council finds that to solicit bids and award
the City's advertising to a newspaper of general circulation
published outside the City of Alameda would not be in the best
interests of the of Alameda because none of the papers are as
likely to give adequate legal notice to the residents of the City
of Alameda as either the Alameda Times-Star or the Alameda Journal;
and
WHEREAS, both the Alameda Star-Times and the Alameda Journal
are both newspapers of general circulation for the City of Alameda,
and that failure to award the contract to publish the City's legal
advertising to these newspapers because of failure to comply with
the City Charter may be a violation of Government Code section 6041
which requires the award shall be given to a newspaper of general
circulation published within the jurisdiction, and that failure to
award to these newspapers may constitute a violation of Government
Code, Section 6044 imposing personal liability of "disregard or
violate" the provisions of the Government Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
Alameda that Council award the bid for legal advertising based upon
the cost of the advertising and the likelihood that the newspaper
that is awarded the bid is most likely to inform the greatest
number of residents at the least cost.
BE IT FURTHER RESOLVED that the award for legal advertising
for the City of Alameda for fiscal year 1995-1996 is awarded to the
Alameda Journal subject to said newspaper executing a contract with
the City.
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