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HomeMy WebLinkAboutAGENDA REPORT 1985 0522 CC REG ITEM 12C MOORPARK Jrzwitc. ALBERT PRIETO STEVEN KUENY Mayor ,.- •& City Manager JAMES D. WEAK o' /�� CHERYL J. KANE Mayor Pro Tern . City Attorney THOMAS C. FERGUSON w49%4g1 NIALL FRITZ Councilmember � Director of DANNY A. WOOLARD i+ Community Councilmember �•�� Development LETA YANCY-SUTTON •*.. R. DENNIS DELZEIT Councilmember City Engineer V. GILLESPIE DORIS D. BANKUS City Clerk Chief of Police JOHN C. GEDNEY City Treasurer MEMORANDUM TO: The Honorable City Council 44;41 FROM: Doris D. Bankus, City Cler DATE: May 15, 1985 SUBJECT: Newspaper Adjudication - Moorpark News BACKGROUND INFORMATION On May 1, 1985, a Judgment was entered in the Superior Court of Ventura County ascertaining and establishing the Moorpark News as a newspaper of general circulation for the City of Moorpark. A copy of that adjudication was filed with this office on May 1, 1985, and we have attached a copy to this memorandum for your information. On May 2, 1985 we addressed a communication to the City Attorney requesting instructions regarding the City' s legal publications, and attached is a copy of her reply, dated May 10 , 1985. Our legal responsibilities are clear and we will proceed immediately to comply. There are, however, three areas which require a Council decision: 1 . Waiver of bid requirement (See pages 1 and 2 of the City Attorney report, under Paragraph No. 1) RECOMMENDATION: Adopt a policy annually to waive the requirement of competitive bidding for the City' s legal advertising, as required by Section 21069 of the Public Contract Code, if, by the last Council meeting in May, the City has not received notice that more than one newspaper has been adjudicated for Moorpark. 799 Moorpark Avenue Moorpark,California 93021 (805)529-6864 The Honorable City Council May 15, 1985 Page 2 2. Direction for preparation and publication of ordinance summary, rather than publication of the entire ordinance. RECOMMENDATION: Direct the City Clerk to cause a summary of each ordinance to be prepared and published, both prior to and after its adoption, pursuant to the provisions of Section 36933 of the Government Code. (Note: This Code section also provides that the full text of the ordinance shall be posted in the office of the City Clerk at least 5 days prior to the Council Meeting at which the same is to be adopted, and that within 15 days after adoption, a certified copy of the full text of the ordinance, along with the names of the City Council members voting for and against the ordinance, shall be posted in the office of the City Clerk. ) 3. Policy re posting of notices RECOMMENDATION: That public notices no longer be posted at the three public places within the City, and we have prepared and attached hereto a resolution which rescinds Resolution No. 83-11 , adopted July 2, 1983, which so ordered. Adopt Resolution No. 85- , rescinding Resolution No. 83-11 , adopted July 2, 1983 . In lieu of the direction contained in said Resolution No. 83-11, we would recommend that we continue to post all notices at the City Hall, and that only when specifically directed by law, or by special order of the City Council, would we post in other places in the City. attachments 1 i 1 WALDO, MALLEY & LACEY A Law Corporation 2 450 Rosewood Avenue Camarillo, California 93010 3 (805) 482-8866 F in E I:) 4 MAY - 1 1985 5 Attorneys for Petitioner MOORPARK NEWS RICHARD D.DEAN,EAtV,County Ctecic By 7 SPY County clerk 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF VENTURA 9 10 11 ) Case No. 87389 IN THE MATTER OF THE PETITION 12 OF PEGGY FORD TO HAVE THE ) JUDGMENT ASCERTAINING AND STANDING OF THE MOORPARK NEWS ) ESTABLISHING NEWSPAPER AS 13 AS A NEWSPAPER OF GENERAL ) ONE OF GENERAL CIRCULATION CIRCULATION ASCERTAINED AND ) [Government Code §60231 14 ESTABLISHED 15 16 The verified petition of Peggy Ford to have the standing 17 of the MOORPARK NEWS ascertained and established as a newspaper of 18 general circulation , as defined in Section 6008 of the Government 19 Code, came on regularly for hearing by the court on May 1, 1985 , 20 in Courtroom 41 , of the above-entitled court. Petitioner appeared 21 by her attorney, Waldo, Malley & Lacey, by Robert S. Waldo. 22 Evidence , both oral and documentary, was introduced on 23 behalf of MOORPARK NEWS, and the matter was argued and submitted 24 for decision. On proof made to the satisfaction of the court, the 25 court finds as follows : 26 1 . The substance of the petition and notice of intention 27 of petitioner to apply to the court on a named day for an order 28 declaring the newspaper to be a newspaper of general circulation WALDO & MALLEY LAWYERS A LAW CORPORATION RECEIVED ASO ROSEWOOD AVENUE CAMARILLO. MAY C� 1 1985 CALIFORNIA •70f0 (805) 482-8866 City of hMnrrrnri, c t • 1 was duly published pursuant to Section 6062 of the Government 2 Code, proof of such publication was duly made, and the court set 3 the petition for hearing, as required by Sections 6021 and 6022 of 4 the Government Code. 5 2 . The MOORPARK NEWS is a newspaper of general circula- 6 tion, published for the dissemination of local news and intelli- 7 gence of a general character in the City of Moorpark , County of 8 Ventura , California . 9 3 . The petitioning newspaper has a bona fide subscrip- 10 tion ' ist of paying subscribers numbering 700 , and a substantial 11 distribution to paying subscribers numbering 1, 300 within the City 12 of Moorpark , Ventura County, California . 13 4 . For more than three (3) years preceding the filing of 14 the petition, the newspaper has been established under the name of 15 MOORPARK NEWS and has been so established and published, that is , 16 issued and sold or distributed at regular intervals of not less 17 than weekly in the City of Moorpark . 18 5 . During each year of such three (3) year period, the 19 newspaper has maintained a minimum coverage of local news and 20 intelligence of a general character of not less than twenty-five 21 percent (25%) of its total inches ; and has only one principal of- 22 fice of publication, located in the City of Moorpark. 23 WHEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED that the 24 MOORPARK NEWS is a newspaper of general circulation, as defined in 25 Section 6008 of the Government Code, for the City of Moorpark , 26 Ventura County, California . 27 Dated: MAY - 11985 • 28 JOE D. HADDEN WALDO & MALLEY LAWYERS Judge of the Superior Court A LAW CORPORATION •00 ROSEWOOD AVENUE CAMARILLO. CALIFORNIA •3010 (605) 462.8866 -2- LAW OFFICES BURKE, WILLIAMS $c SORENSEN ONE WILSHIRE BUILDING MARTIN J. BURKE' THOMAS H. DOWNEY 624 SOUTH GRAND AVENUE, IITH FLOOR TELEPHONE: 12131 623-1900 G EO RGE W. TACKABURY• PETER M, THORSON LOS ANGELES, CALIFORNIA 90017 TELECOPIER: 12131 623-8297 JAMES T. BRADSHAW,JR.' HAROLD A. BRIDGES MARK C. ALLEN,JR• CHERYL J. KANE TELEX: 671-1271 RICHARD R. TERZIAN' RAYMOND J. FUENTES MARTIN L. BURKE' RONALD E. LEVINE CABLE ADDRESS CARL K. NEWTON• CHARLES L. EDDLEMAN May 10, 1985 B W SLA U W J. ROBERT FLANORICK• VIRGINIA R. PESOLA DENNIS P. BURKE' S. PAUL BRUGUERA • LELAN❑ C. DOLLEY• MICHEEE R. VADON COLIN LENNARD• B. DEREK STRAATSMA R. MICHAEL WILKINSON• NEIL C. EVANS HARRY C. WILLIAMS BRIAN J. SEERV• SCOTT F FIELD 11912-19 6 71 THOMAS J. FEELEY' CRISTINA L. SIERRA ROYAL M. SORENSEN NEIL F. YEAGER• JOHN W. BELCHER BRIAN A. PIERIK• DANIEL D. LAUFENBERG RECEIVED 11 9 14-1 9 8 3) KATHERINE E. STONE• BENJAMIN S. KAUFMAN CHARLES M. CALDERON' MICHAEL J. LONG ELLEN M. BENDER MAY -1 4 1985 OF COUNSEL DWIGHT A. NEWELL •PROFESSIONAL CORPORATION GEORGE W. WAKEFIELD City of Moorpar' Ms. Doris Bankus City Clerk CITY OF MOORPARK 799 Moorpark Avenue P.O. Box 701 Moorpark, CA 93021 Re: ADJUDICATION OF MOORPARK NEWS Dear Doris: The Moorpark News has been adjudicated as a newspaper of general circulation for the City of Moorpark, as of May 1, 1985. This letter is written in response to the questions that you have posed relative to that adjudica- tion by memorandum dated May 2, 1985. 1. Does the City now have to publish ordinances? Yes. Government Code Section 36933 requires that ordinances be published "at least once in a newspaper of general circulation . . . , or if there is none, . . . posted in at least three public places . . . . " Now that there is such a newspaper in the City, ordinances will have to be published. Public Contracts Code Section 20169 requires that: "Annually before the beginning of the fiscal year . . . where there is more than one newspaper of general circulation . . . , the legislative body shall publish a notice inviting bids and contracts for the publication of [all] notices . . . during the fiscal year. If there is only one such newspaper, the legislative body may contract without advertising for bids. " Ms. Doris Bankus May 10, 1985 Page Two Since Moorpark only has one adjudicated newspaper, and assuming that no other newspaper will be adjudicated before the end of this fiscal year, it is clear that the City does not have to go out to bid for fiscal year 1985-1986. Somewhat less clear is whether the City even has to have a contract when there is only one newspaper. Of course, since publication is now required, it may be in the best interest of the City to negotiate rates with the Moorpark News that will be held firm for next fiscal year. In view of the history of the publication issue in the City, I believe it may be advisable for the City Council, at its next meeting, to adopt a policy that it may annually waive the bid requirement if it has not received notice by its last meeting in May that more than one newspaper is adjudicated for Moorpark. This time frame would allow for the award of a contract (negotiated or by bid) before the beginning of the subsequent fiscal year. 2. May the City Council designate "staff" rather than a specific individual to summarize proposed ordinances? Government Code Section 36933 (c) (1) provides that "The City Council may publish a summary of a proposed ordinance . . . . Such summary shall be prepared by an official designated by the City Council. " Since this language has not as yet been judicially construed, it is open to interpretation. Assuming that the courts will not strictly construe the language, the designee could be "staff" . An alternative approach would be for the City Council to direct the City Clerk to cause the summary to be prepared, in which event the actual preparation could be done by somebody other than the City Clerk but with the City Clerk having final responsibility for its preparation. 3 . Should the City publish notices of hearings -- planning as well as other matters? Whether or not notices of public hearing must be published depends upon the statute under which the hearing is to be held. For example, public hearings must be held on the adoption/amendment of general plan elements (Gov't Code § 65353 and § 65355) , zone changes (Gov't Code § 65854 and § 65856) and variances, conditional use permits and similar use permits (Gov't Code § 65905) and the notice of such Ms. Doris Bankus May 10, 1985 Page Three hearings must be published in accordance with Government Code Sections 65090 and 65091. In other words, whenever a public hearing is required to be held it will also be necessary to refer to the applicable statute to deter- mine how notice of that hearing is to be given. Not only are there statutory requirements with respect to the publication of public hearing notices, but certain other actions of the City are also subject to publication. For example, now that there is an adjudicated newspaper, notice inviting bids on public works contracts must be published pursuant to Public Contracts Code Section 20164 . Again, it will be necessary to refer to the enabling statute to determine in the particular instance whether notice must be given and, if so, how it is to be given. 4. If notice of hearings must now be published, does the City also continue to post? As a general rule the answer is no. In most instances, State law provides for the posting of notices in lieu of publication when there is no newspaper of general circula- tion. Of course, there is nothing to prohibit the City from continuing to post the notices as long as they are also published. And in a few instances, you may find that State law requires that notice be given by more than one means (e.g. , publication, posting on and off site and direct mailing or a combination thereof) ; this is another reason why it is important to always refer back to the relevant statute. I hope that this letter provides you with the general information that you have requested. I will of course be glad to advise you with respect to the type of notice that must be given for any particular public hearing or other matter. Very truly yours, .CHER L . KANE CITY ATTORNEY, MOORPARK; and BURKE, WILLIAMS & SORENSEN CJK/le