Chapter 2.10 — PUBLICATION OF LEGAL NOTICES

This chapter is enacted pursuant to Sections 613 and 708 of the Charter of the city of Sunnyvale. The purpose of this chapter is to establish procedures for the designation of newspapers or the city website to be used for the publication of legal notices relating to city proceedings and to the publication of city council agendas and digests of actions. This chapter is intended only to designate the appropriate newspapers or the city website for publication of various legally required notices. Nothing contained herein shall be deemed to impose any requirement of publication not otherwise imposed by other provisions of law. Nor shall anything contained herein be construed to affect the otherwise required time, frequency, content or manner of notice. (Ord. 2059-83 § 1; Ord. 2868-08 § 1)

Prior to the beginning of each fiscal year a notice inviting bids shall be published and the city council shall contract for the publication of all legal notices or other matter, required by any provision of law to be published in a newspaper of general circulation within the city of Sunnyvale, during the ensuing fiscal year. The newspaper with which any such contract is made shall be designated as the official newspaper for the publication of such notices or other matter for the period of such contract. In no case shall the contract price charged for such publication exceed the customary rates charged by such newspaper for the publication of legal notices of a private character. The period of such contracts shall not exceed one year. Notwithstanding the foregoing, if it appears to the city council that the rates offered are unfair, it need not designate such newspaper the official newspaper. Upon making a finding to such effect, or if publication of a newspaper which has been so designated is suspended, then legal notices, ordinances or other matter otherwise required to be published in the official newspaper may be published in any other newspaper which is a newspaper of general circulation within the city of Sunnyvale, or, if none, by posting copies thereof in at least three public places in the city and also posting a copy on the official city website. The places for posting legal notices shall be fixed by ordinance of the city council.

No defect or irregularity in proceedings taken under this section, or failure to designate an official newspaper shall invalidate any publication where the same is otherwise in conformity with applicable provisions of law or ordinance. (Ord. 2059-83 § 1; Ord. 2868-08 § 1)

actions.

Prior to the beginning of each fiscal year, a notice inviting bids shall be published and the city council shall contract for the publication of city council agendas, digests of actions, or other material required to be published pursuant to Section 613 of the Charter of the city of Sunnyvale during the ensuing fiscal year. Such newspaper shall be published not less frequently than daily, Monday through Saturday, recognized holidays excepted, and shall have an average paid circulation within the city of Sunnyvale of not less than five thousand daily. The paid circulation of any newspaper may be determined by the city council based upon such evidence as may be available, including representations by the affected newspapers. Such newspaper shall

be a newspaper of general circulation within either the city of Sunnyvale or the county of Santa Clara. The newspaper with which any such contract is made shall be designated as the newspaper for the publication of items specified in Section 613 of the Charter of the city for the period of such contract. In no case shall the contract price charged for such publication exceed the customary rates charged by such newspaper for the publication of comparable advertising of a private character. The period of such contracts shall not exceed one year. Notwithstanding the foregoing, if it appears to the city council that the rates offered are unfair, it need not designate such newspaper for the publication of those items. Upon making a finding to such effect, or if publication of a newspaper which has been so designated is suspended, then such matters may be published in any newspaper or on a city website accessible through Internet or other appropriate technology, deemed by the city council to provide an effective means of public notification of city council proceedings.

As an alternative to publication in a newspaper of city council agendas, digests of actions or other material required to be published pursuant to Section 613 of the Charter of the city of Sunnyvale, the city clerk may elect to post city council agendas, digests of actions or other material to the official city website using Internet technology.

No defect or irregularity in any proceedings taken under this section, or failure to designate a newspaper under this section shall invalidate any city council action otherwise taken in accordance with law. (Ord. 2059-83 § I; Ord. 2868-08 § 1)

Pursuant to Section 1405 of the Charter of the city of Sunnyvale, the city clerk shall cause the publication of the name and occupation of, and the cumulative amount of contributions made by, any person whose cumulative contributions to any candidate for the office of city councilmember or committee supporting such a candidate equal or exceed one hundred dollars, along with the name of the candidate or committee to which the contributions were made, on the Saturday immediately preceding the date of any municipal election. Such publication shall be made in the newspaper or on the official city website accessible through Internet technology designated for publication of city council agendas and digests of actions pursuant to Section 2.10.030 of this code.

The information to be published shall be obtained from the campaign statements filed pursuant to Section 84200(b)(4) of the California Government Code or, if amended or repealed, from the most recent campaign statement required pursuant to the Political Reform Act of 1974.

Notwithstanding the provisions of Section 84205 of the Government Code, any candidate who has received cumulative contributions of one hundred dollars or more from any person shall file with the city clerk a campaign statement, in accordance with the schedule set forth in Section 84200(b)(4) of the California Government Code, setting forth the information required by Section 1405 of the Sunnyvale Charter. The city clerk shall prescribe the form of such campaign statements. (Ord. 2061-83, § 1; Ord. 2868-08 § 1)