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HomeMy WebLinkAboutAGMT - Seal Beach News- Enterprise ' ID • NEWS- ENTERPRISE 3622 Florista Street P.O. Box 1010 Los Alamitos, CA 90720 (310) 431 -1397 (714) 527 -8210 Keith Till City of Seal Beach 211 8th St. Seal Beach, CA 90740 January 24, 1996 Dear Mr. Till: In response to our telephone conversation, enclosed is a copy of the Court Order granting the Seal Beach News - Enterprise adjudication for the City of Seal Beach. Also enclosed are copies of the Government Code sections dealing with adjudication of a newspaper of general circulation. Please advise me of the date when the adjudication issue will be before the Seal Beach City Council. If you have any questions, or if I can be of any further assistance, please call me at (310) 431 -1397. Sincerely, S t/v 1-1 "' r( "<-6 17-e1141 ) i Germaine R. Erskine, Publisher NEWS - ENTERPRISE GRE /giw Enclosures 7. 1 ROBERT F. TYLER Bar No. 18963 and F I PSI F D 2 FRANCIS E. SMITH Bar No. 2S7g9 ORANGE cota t LIPER:0a000RT 3 9020 Reseda Blvd., Suite 201 Northridge, CA 91324 FEB B 8 V94 4 (818) 349 -4144 ALAN SLATER, ecuLve Oifwe►Verk 3 Attorneys for Petitioner DEPUTY 8 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 FOR THE COUNTY OF ORANGE 9 10 In the Matter of the Proposed ) CASE No. A170863 Ascertainment and ) 11 Establishment of "SEAL BEACH ) ORDER AND DECREE NEWS - ENTERPRISE" as a ) ESTABLISHING THE SEAL 12 Newspaper of General ) BEACH NEWS ENTERPRISE AS Circulation. ) A NEWSPAPER OF GENERAL 13 ) CIRCULATION 14 ) 16 The Amended Petition to Ascertain and Establish the 18 standing of The Seal Beach News - Enterprise as a Newspaper of 17 General Circulation pursuant to Government Code •6000 and 18 •6006 came on regularly to be heard in Department 702, the Honorable Julee Robinson, Judge pro tem presiding, on the 2nd 20 day of February, 1994, Robert F. Tyler and Francis B. Smith by 21 Francis E. Smith appearing on behalf of the Petitioner; and no 22 person appearing to object or to contest the Petition; due 23 notice of the time and place of hearing having been giver: in 24 the form and manner required by law; evidence, both oral and 26 documentary, having been introduced and the Court having heard e8 all of the evidence presented and the matter having been taken 27 under submission by the Court; the Court makes the following 28 findings and order: • 1 1. The seal Beach News - Enterprise is a newspaper 2 established and published at regular intervals, to wit, 3 weekly, for the dissemination of local and telegraphic news of 4 a general character in seal Beach, Orange County, California. 5 2. The Seal Beach News - Enterprise has a bona fide list 6 of paid subscribers in the City of Seal Beach, California 7 consisting of 767 paid subscribers. 8 3. The Seal Beach News - Enterprise has been published in 9 the City of Seal Beach for more than one year immediately 10 preceding the date of this Petition. li 4. The Seal Beach News - Enterprise was established as a 12 weekly newspaper of general, circulation in the area now known 13 as Seal Beach, Orange County, California, prior to 1923 and 14 continuously since then up to and including the date of filing 15 of this Petition said newspaper has been published as a weekly 16 newspaper. The said newspaper in exempt, pursuant to Govt. C. 17 ¢6006, from the requirement of having to be printed in Seal 18 Beach, California. 19 5. The Seal Beach News - Enterprise has only one 20 principal office of publication which office is located at 210 21 Main Street, City of seal Beach, county of Orange, state of 22 California, which is the political subdivision for which the 23 newspaper is seeking adjudication. 24 6. The said newspaper is not devoted to the interests 25 of any particular class, profession, trade, calling, race or 26 denomination, or for any number thereof, nor, is its purpose to 27 entertain or instruct any of such classes. 28 // 2 - • 1 • 2 IT XS ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 3 The Petition is granted and THE BEAL BEACH NEWS - 4 ENTERPRISE is adjudicated a newspaper of general circulation g for the City of Seal Beach, County of Orange, State of 6 California, pursuant to Government Code 16000 and 16006. 7 Dated: FE8 0 1994 s , 9 Judg ro Tem Oran e County Superior Court 10 6J t11{4b1Ui..ER JUICE RQ%ii;.c, » 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 26 27 28 3 :i • 11- it IF r2 Div. 7 NEWSPAPERS § 6000 Section Chapter .t. • 21. Public Pension and Retirement Plans 7500 .- -- 4:-. 22. Letters and Correspondence 7525 - 23. Public Agency Name Reform 7530 23. Documents and Written Reports 7800 Chapter 1 4 24 PUBLICATIONS AND OFFICIAL ADVERTISING Section ': Arti Cie 6000 '` 1. General 2. Establishing Standing as Newspaper of General Circulation -. -_ 6020 3. Publications 6040 I. 4. Manner of Publications 6060 5. Foreign Language Newspapers 6075 Article 1 GENERAL S ec. - =_ 6000. Newspaper of general circulation. t 6001. Newspapers for particular classes. 6002. Established; modification of name. ,. 6003. P - s - 6004. Published. a 6004.5. General circu ''' 6005. Printed and published as not synonymous. 6006. Standing of prior newspaper. 6007. Discontinuance of publication because of war. v 6008. Newspaper of general circulation. -. • 1 Y • § 6000. Newspaper of general circnlation ` • " • i A "newspaper of general circulation" a newspaper published :. for the dissemination of local or telegraphic news and intelligence of = _ - 1.:: a general character, which has a bona fide subscription list of paying ) • •• = ] -fl it'° _ subscribers, and has been established, printed and published at regu- :;:. !tc• lar intervals in the State, county, or city where publication, notice by publication, or official advertising is to be given or made for at least . one year preceding the date of the publication, notice or advertise- ment. . • (Stats.1943, c. 134, p. 987, § 6000.) '� 477 t • R § 6000 PUBLICATIONS - � -,,,,..4.4.`: ; ' y. Note I I Title 1 �'"B :: ble; finding whether paper is of general 6020 to 2- circulation is for superior court under less shown as matter �of law o yna "� Pol -C- § 4462 (repealed; 04 see. now §§ ported. Id. § 6001. Newspapers for particular classes = A newspaper devoted to the interests, or published for the enter- tainment or instruction of a particular class , profession, trade, call - �. ing, race, or denomination, or for any number thereof, when the avowed purpose is to entertain or instruct such classes, is not a news- -`"'" - paper of ...1 general circulation. : ; ' (Stats -1943, c -134, p. 988, § 6001 -) 4.i I iistorical Note - . „ Derivation: PoLC. § 4460, added by } " Y Stats.1905, c. 345, P. 407, § 1- _ ' Livery References . 'Newspapers X1(3), 3(5). papers §§ 1, 3 et a s _ In era( 1 Not of Decisions _ pan , Determination n general I Particular classes 3 of status 4 newspaper of general circulation. In re Green (1913) 131 P. 91, 21 C.A. 138. :. Purpose for publication 2 3. Particular classes __ newspaper Publishing only local items of particular interest to building Indus- ' "` cries was not "newspaper of general dr- I. In general By the term "newspaper of general cir- 419, 9 98 n ". ]n re David (1929) 276 P. eulation," as used in PoI.C. § 4460 (re- 419, C.A. 68. c VP - peated; see, now. this section and § Newspaper published at county seat was 6000), the legislature had in view a pub- one devoted to the interest and published lication to which the general public would for the entertainment of a • - resort to be informed of the -news and in- 'galas- 80 as not to be one of general particular , telligence of the day, editorial opinion, and culation for the publication of notices or • ,,FaT advertisements, to render it probable that official advertisements as defined by PoL notices or official advertising published C. § 4460 (repealed; see, now, this sec- - • therein would reach the public. Applies- don and § 6000), though circulated in a do of Herman (1920) 191 P. 934, 183 C. number of cities and towns through three counties, and among at leant ten profea- �`� A newspaper of general circulation, coons, trades, and callings. Application of within PoLC. § 4460 (repealed; see, now, Herman (1920) 191 P. 934, 183 C. 153. this section and § 6000), need not publiah 4. Determination of status x ; both local and telegraphic news, and the x ?� question of general circulation depends on Where avowed purpose of Spanish-Ian- the diversity of its subscribers rather guage newspaper was not to entertain or ' �" than on mere numbers. In re Green inatract a particular class, tested by eon- ' ,, (1913) 131 P. 81.21 C.A. 238. tent of newapaper and not 4 whom it a pp persons to t ° • ppealed, record supported deter- 2. Purpose for publication minadon that newspaper was not devoted .,.. being classified A newspaper which is published daily to particular class or race within this sec - except Mondays and legal holidays. which tinn prohibiting such newspaper classified ere newspaper of general has a circulation among various classes of circulation t people is the county, and which, is addi- qualified to carry legal adver- ': don to items of local news, tunag and notices merely because news pa- 1 , publishes real per was �- estate transfers, court news, and tele- published m Spanish. In re La _ s; _ 8rapluc dispatches of sacra! interest, Opinion (1970) 89 CaLB tr. 404, 10 C.A. a _ .. s : _ g t,is8 3d 1012. p " ' - 484 L : : -. -- 1 , ...:., • _ • • • • cr }:. w _ • • 4. . • Div. 7 NEWSPAPERS § 60 Notes of Decisions . k"-: _ I. Construction and application Where following adjudication that news- `'• Newspaper. which produced master paper was one of general circulation in - ▪ sbeets of its paper in county where it was city and county. publisher ceased publish- -- located but which had press work done ing paper in city and commenced publish- ' , • outside county of its location in city ing it in a plant outside city limits, news- where offset printing method was em- paper was no longer entitled to adjudica- ployed. could not be recognized as newspa- tion as a newspaper of general circulation, per of general circulation because it was printed and published within city, but was • "printed" on a monthly average for more entitled to retain its adjudication as a - than 50 percent of the year previous to newspaper of general circulation printed the filing of the petition in county other and published within the county. Petition than county where newspaper was located, of San Gabriel Val. Newspapers, Inc. : , and therefore requirements of this section (1960) 2 Cal.Rptr. 134. 177 C.A.2d 315. for newspaper of general circulation were Th . s ect i on properly construed, means not satisfied. In re News-Ledger (1967) that a newspaper of general circulation 83 Cal.R1 r. 69, 355 C.A.2d 211. must be both printed and published in the Although a newspaper printed and pub- jurisdiction within which the legal publics - lashed in one city may not qualify as a tion is required by law to be made. and newspaper of "general circulation" for an- therefore. newspapers printed wholly other city, it does qualify as a newspaper within one city of a county, and published -- - - of general circulation for the county in in two other cities of the same county - - which it is both "printed" and "publish- were qualified as papers of general circa- - ed ". Western States Newspapers. Inc. v. lation in such county. Petitions of Herald Gehringer (1962) Z CaLRptr. 144, 203 Pnb. Co. (1957) 313 P .2d 584, 152 C.A.: d _ C.A.2d 793. , 901. - § 6005. Printed and published as not synonymous -- - "Printed" and "published" are not synonymous. Each relates to separate acts or functions necessary to constitute a newspaper of gen- = - r eral circulation. (Stats.1943, c. 134, p. 988, § 6005.) • _ Historical Note • Derivation: PoLC. f 4463, added by ' Stats1923, c. 258, p. 512, f 1, amended by Stats1927, c. 286, p. 485, 3 1. Library References Newspapers X1(2, 3), 3(5). C.J.S. Newspapera if 1, 3 et seq.. 4. 5. § 6006. Standing of prior newspaper ' Nothing in this chapter alters the standing of any newspaper which, prior to the passage of Chapter 258 of the Statutes of 1923, • was an established, newspaper of general circulation, irrespective of _ whether it was printed in the place where it was published for a peri- • od of one year as required. • • (Stats.1943, c. 134, p. 988, § 6006. Amended by Stats.1951, c. 1044, p. 2776, • § 1; Stats.1961, c. 1217, p. 2955, § 1.) 489 - f 1_ r , L • • :i i,, Titl 1 § 60 06 PUBLICATIONS i Historical Note -• The 1 amendment added a proviso to The 1961 amendment deleted the prom this section which read: "provided. how- so. i465, added by ever. that this section shall apply only m Derivation: Pol.C. $ ' . • the event that said newspaper has altered Stats.1923, c. 258. p. 513, § 3. 4 neither the county, nor the town. nor the - city of its publication or printing, or both. • since the effective date of this act." , . Library References Newspapers X1(3), 3(2. 5). C.J.S. Newspapers §3 1. 3 et seq., 4, 5. e Notes of Decisions • In general 2 o ••, Validity of prior law I shall apply only in event newspaper has ,•... altered neither county nor town of publi- cation since printing placed section back _ _ to irs original interpretation which was 1 . Validity of prior law that it was not retroactive and applied PoLC. 3$ 4.163 and 446. (repealed: see. only to newspapers which were not estab- ° now. $3j 6002 to 6005 and this section) re- Ifalted as newspapers of general dreula- 3.' •: lion at date of enactment of statute in - • quiring mechanical work of newspapers of 1��• In re Anaheim Daily Gazette general circulation to be Performed ac ( 2 ) P ;" place of its issue. not applicable to news• 1c^ ^i Cal-Rptr. 520, 214 C.A d 438 it papers of general circulation already es- This section creates two classes of - tablished as such. was not unconstitutional . newspapers of gene circulation. that is 1 t- > • se attempting to classify such news- ti e v ,se In existence before 1923 and those ' : papers into two classes. In re Byers t ed thereafter. and exempts and publics- .: page (1931) 27 P2d 641. 319 C. 16. rion of first class from requirement that y { printing be done in place of publication. 2. In general Id. ''`• Newspaper could properly qualify. under 34. ..i this section. as established newspaper of `V here court found that particular _t" general circulation before 1923 though newspaper had existed and was estab- ;-, • t-- city of publication was not incorporated 1! lied in city as newspaper of general dr- ;� until after 1923 and though at that rime cL.:ation for almost 100 years, it was a _# it had obtained no court decree so declar- newspaper of general circulation in city . -r lag. In re Norwalk Call (1965) 41 Cal. for purpose of this section prior to 1923, nit Rptr. 666. 397 P.2d 426, 62 C.2d 155. ap- although judicial decree determining it as circu 1 b peal dismissed 86 S.Ct. 41. 382 U.S. 13. a n ewsy of otficial lmg�was not tion for :A! 13 L.Ed._'d 8. si:ned until 1953. and newspaper. which R Gz Purpose of limiting publication to news- was now printed at another city in coua- - , papers meeting certain standards is to as- tv, was exempt from requirement that Id. r •'r sure that published material will come to printing be done in city of publication. • 1 1 ••- . )- attention of substantial number of persons in area affected. Id. Judgment decreeing that newspaper was s • -:f s Under this section. newspaper of genet- one of general circulation. then and con - :3 5 al circulation in existence before 1923 was tinuously since 1884 established. printed. ;: . : not required to be printed in place of pub- and published at certain city, did not es- Iication, though such requirement was tablish its standing as such before passage a dded in that year which was subsequeatlY of Pol.C. i •1:•165 (repealed: see. now, this , -` eliminated in 1961. Id. subject) preserving standing of such pre - Repeal in this section of proviso that viously established newspapers. whether provision of this section respecting estab- printed at place of publication for one t" lishment of newspaper of general circula- year or not. In re Napa Journal (1933) • • : don for printing of official advertising 2 P.2d 772. 132 339. - ` • § 6007. Discontinuance of publication because of war • The status of a newspaper of general circulation remains un- • • changed in the event that the publication of the newspaper is discon- . 490 Y • -, I.d. C't f _ f_- t * - f •.. +c - • =- -7.: -, r T.:. Div. 7 NEWSPAPERS § 6008 tinued by reason of economic or other conditions induced by any war _ ' to which the United States is a party and the publication is then re- newed either while the war is still pending or within a period of one --• year from and after the date on which hostilities officially terminate. _ (Added by Stats.1945, c. 641, p. 1186, § 1. eff. May 31, 1945.) . Historical Note i • -- This section was added as an urgency priving persons of valuable assets because measure under the following statement of of war conditions is apparent. Inasmuch ar- facts: "Because of war conditions various as the elimination of this situation will • t' newspapers of general circulation have permit absent newspaper men to return to suspended publication and such newspa- their former business after the war and in x pens and others which are likely to sus- the meantime fulfill their war dudes with pend publication because of the drafting peace of mind as to their business affairs of their owners will lose their status as at home, this act should take immediate newspapers of general circulation. Such effect." status is valuable and the inequity of de- Library References Newspapers 6=1(3). 3(5). C.J.S. Newspapers §§ 1. 3 et seq., 4. 5. Notes of Decisions 1. Construction and application Where mechanical work of printing a within one year after date on which hos- newspaper was not done is cows where ble. Application of Hancock 1949) =0T tilides officially terminated, was applies. K. Paper was circulated as required by § „ ( 6000 because of war conditions, this sec- P - 61, 92 C.A�d 481. ii Lion providing that status of a newspaper Status of a newspaper of general circa - of general circulation would remain un- lation was unaffected by change of owner- _ changed in event publication was discon- ship and resumption of publication be- tinned by ream: of economic conditions cause of war induced conditions. 47 induced by war if publication was renewed Ops.Atty.Gen. 197, S-25-17. § 6008. Newspaper of general circulation = - Notwithstanding any provision of law to the contr • ary, a newspa- _ • per is a "newspaper of general circulation" if it meets the following Z. criteria: (a) It is a newspaper published for the dissemination of local or I. : telegraphic news and intelligence of a general character, which has a bona fide subscription list of paying subscribers and has been estab- ikshed d and published at regular intervals of not less than weekly in •: the city, district, or judicial district for which it is seeking adjudica- tion for at least three years preceding the date of adjudication. i (b) It has a substantial distribution to paid subscribers in the - _ _ ty, district, or judicial district in which it is seeking adjudication. • £ � a (c) It has maintained a minimum coverage of local or telegraph- 1.41 : is news and intelligence of a general character of not less than '25 percent of its total inches during each year of the three -year period. - (d) It has only one principal office of publication and that office is in the city, district, or judicial district for which it is seeking adju- dication. • v .'. 491 • • - I , • i § 6008 PIIBLICATIONS Title 1 • 1 r` ' For the purposes of Section 6020, a newspaper meeting the mite- : 'tN ..: ii ria of this section which desires to have its standing as a newspaper � , , of general circulation ascertained and established, may, by its pub - .1 " ' lisher, manager, editor, or attorney, file a verified petition in the su- • y ` perior court of the county in which it is established and published. i ' + + .' As used in this section: d t u; (1) "Established" mean in existence under a specified name t=1: " during the whole of the three -year period, except that a modification %'''`- - ' of name in accordance with Section 6024, where the modification of • '•t name does not substantially change the identity of the newspaper, =' -' shall not affect the status of the newspaper for the purposes of this ......4..-.••1. r; • definition. (2) "Published" means issued from the place where the newspa- �F 1 ;i I per is sold to or circulated among the people and its subscribers dur- . a: �,;i s , ' ing the whole of the three -year period. . 43! ' 412.1 (Added by Stats.1974, c. 241, p. 448, 3 1.) i i - , .4 :: Library References r ' . s ' .14 Newspapers 41=3(1). C.J.S. Newspapers $ 3 et seq. -, i 1 ` Notes of Decisions - i It i. Definitions 2 hers" was unconstitutionally vague, the en- - Validity I tire section was invalid and the newspa- ,, ..• ? e per. which was not printed in the city, *3 • R s s could not qualify as a newspaper of gen- . �► *: ■ eral circulation. In re Carson Bulletin _ . •.� 1 ,� . 1. Validity (1978) 149 Ca1.Rptr. 764, 85 C.A.3d 785. =4 {: Where publisher initially filed petition • `'' 9 '^ for a judgment establishing his newspaper 2. Definitions ``i u a newspaper of general circulation un- Term "substantial distribution" as used ` f r - ! t der provision of this section requiring in provision of this section requiring that -': . that such newspaper have a substantial a newspaper of general circulation have a =y f? distribution to paid subscribers in the city. "substantial distribution" to paid subacrib- • publisher could not prevail against adverse ? .t( ! ers in the city was reasonably certain and 4. 't• ' S determination by challenging the '•snbstan- required that newspaper have more than { '' tial distribution" requirement as unconsti- 12 paid subscribers out of a population of . •' .. .• tutionaily vague: if the requirement of 79,000. In re Carson Bulletin (1978) 149 F=°' "substantial distribution to paid subscri- CaLRptr. 764, 85 C.A.3d 785. �r - - z - • ' • % �r - s , a t., �__. tt 492 ,--• - >CI • . -• 4• - . . , L � i� r r-. e, 1 c c� 4 4,v v �4 t - - ,Y , v •,' , ,,, "'4X t .-J- ` Y., 1 � 1-;+ • 4 "-t, - ti ... • -, - ' t! 1. < ; - h '''''1,';,.!-,'72,::•'-':''`''-4-41—':'-• '� . r- .'''-'"if',-' 1, ; ' ' i1.7`t��y iK' '`r i '' c *- : +� F • �, -r . L', '" . .� � .f ''; tD S1.L.S�C � 9 c• r , T y-� 4‘,..-."-.,---.1. .,..L" c '1 i` �f 4 + 7.