Crane No-Bid contract: Response to Steve Talt Esq. to read San Marino City Ordinance 02.05.06 in its entirety.

Merry Christmas Steve.  I'm finally getting around to your suggestion below that I read 02.05.06 in its entirety.

I could not find Ordinance 02.05.06 in the City's website.  What I was referring to in my email was 02.06.05  I'll assume yours is a typo.

O-02-06-05 was amended by O-20-1366 in June, 2020.  This was mentioned by Mayor ShepherdRomney during a CC meeting.

I would like to reciprocate and ask that you read O-20-1366 that amended O-02-06-05.

Section B. Procurement Of Goods And Services Other Than Public Projects: Procurement of goods and services, but excluding contracts for public projects, shall comply with the following procedures:

2.b. Waiver Of Bidding: Bidding required by this subsection B for procurements of thirty thousand dollars ($30,000.00) or less may only be dispensed with when the City Manager or the Director of the department undertaking the procurement determines in writing that the goods or services are only available from one (1) source or that the best interests of the City are served by dispensing with competitive bids. Bidding required by this subsection B for procurements over thirty thousand dollars ($30,000.00) may only be dispensed with when the Finance Officer determines in writing that the goods or services are only available from one (1) source or that the best interests of the City are served by dispensing with competitive bids and are authorized by the City Council.

Attached is the response to my Public Records Act request for the Finance Officer's written determination that waived the bidding requirement.  My exact request is in City's the response.

The Finance Director only "reviewed" the July 31, 2020 Staff Report titled "Award of a Professional Design Services Agreement in the amount of $349,660...."

Therefore, I received a "Staff Routing Slip" where the Finance Director did not indicate under "Review" column that his comments were attached.  Since no Finance Director written determination exists to satisfy the requirement in B2.b., the City could  not provide me a copy of the written determination required  to waive bidding for procurement of services over $30,000.

Unless I am reading the above section incorrectly, it seems like the Finance Officer's written determination is required under O-20-1366 Section B.2.b in order to invoke the "Waiver of Bidding."  Since none exists after "research and review of the documents in the City's possession," waiving competitive bidding to award Crane a services contract is a violation of San Marino local ordinance, i.e. law.

Wishing you a Happy and Healthy New Year.

City Council approves no-bid contract despite warning from Mayor that it is illegal

 Ignoring 35 written comments opposing the $4mm San Marino Center renovation, our City Council voted 3 to 2 to proceed with a no-bid $349,660 architectural services contract award that would lead to a $4mm renovation of the San Marino Center.

  The services contract was awarded without competitive bidding as required by our Ordinance and Municipal Code.  Mayor Gretchen warned the council “I don’t think it would be legal for us to enter into this today without that process (competitive bidding) and without receiving at least 3 bids.”

  Zane Hill's Tribune articles quoted Councilman Talt saying "That's one of the reasons why you have this professional services exception," and Public Works Director Throne said “he recommended continuing to work with Crane….” as justification for waiving formal bidding.  Both are incorrect.  Dispensing with competitive bidding is not an authority invested in the Director for procurement of services. 

  Ordinance O-20-1633 that amended SM Municipal Code 02.06.05 was cited by Mayor Gretchen during the CC meeting as requiring 3 bids.  She is correct. She is also correct in questioning the legality of the Crane agreement process that does not conform to SM Municipal Code 02.06.05. 

  SM Municipal Code 02.06.05 is for “PROCUREMENT OF GOODS, SERVICES AND CONTRACTS FOR PUBLIC PROJECTS”   

  Under section B.5 for " Procurements Greater Than Thirty Thousand Dollars: Written notices inviting bids for procurement of goods and written requests for proposals to procure services shall be provided to at least three (3) vendors and to all vendors requesting to receive notices inviting bids and requests for proposals for the types of services or goods to be procured. With the exception of contracts for services, the award shall be made to the lowest responsible bidder." 

  Councilman Talt voted for the Ordinance and should know that the only exception for services is the award does not have to be to the lowest bidder. But there are still bidders. Read the code: there is no “professional services exception” to formal bidding for procurements over $30,000.. 

  The authority Director Throne does seem to have is that the person responsible for the procurement may select the winning bid for services which does not have to be the lowest bid.  But he does NOT have the authority to use his recommendation of a vendor to dispense with bidding.

San Marino Ordinance O-20-1366 on Scribd

San Marino Staff Report to ... on Scribd

SMUSD $3 million budget deficit and $2219 charge at Palm Desert Mastro's steakhouse

Where are all the school district issued credit card statements?

Why are there 3 charges in Palm Desert?

SMUSD Aug2019 Palm Desert Credit Card Charges on Scribd

OMG: In San Marino, the end justifies the means according to Mayor Steven Huang

Mayor Steve Huang attended the Preserving San Marino meeting on Tues Dec 3rd.  

I asked the Mayor if the public safety tax did not pass, would the City Council really lay off all but 1 firefighter and 1 policeman.  He replied they would find the money.  I added:...like from the reserves?  

That means the fear mongering message from the Committee of San Marino Residents for Measure SM of only having 2 first responders is NOT TRUE.  Then I said the Committee of SM Residents for Measure SM placed an ad that says all but 2 first responders would be laid off and the City Council did not refute this claim but also signed and endorsed another ad from the same Committee for Measure SM.  

Mayor Huang's response was "Whatever works."  

I guess the "end justifies the means" is the MO of San Marino.   What ever happened to honesty and integrity?

San Marino High School Visual and Performing Arts Car Wash Fundraiser

In this flyer, Friends of SMHS VAPA state: "Tax Deductible Checks can be made to Friends of SMHS VAPA."

This is not so according to the IRS.  If a benefit is received by the donor, e.g. a car wash, then the value of the car wash is not tax deductible.  Let's obey the tax laws.

Get a Tax Deductible San Marino HS Car Wash on Scribd

October 25, 2019 San Marino CA 91108 City Council Meeting

I attended the City Council Meeting and the first item on the agenda was the hiring of the new Finance Director.

Councilman Ken Ude asked if Mr. Paul Chung is "coachable."  Mr. Chung is an analyst and does not have experience as a Finance Director.  City Manager Marlowe said "yes."  Mr. Ude asked if the City Council can be involved in the coaching.  Ms. Marlowe said "no, he reports to me."  Marlowe must have forgotten she reports to the City Council.

The City Manager said Mr. Chung is available to start work on Monday November 25th.  I asked to be heard and explained the following to the Council which went completely over their heads:

1) Week of Nov 24th is a short week since it is Thanksgiving.
2) Why pay someone 5 days to work 3; plus most staff leave early on Wednesday before Thanksgiving

Plus the staff Mr. Chung needs to meet might not be in during that short week.

But since the City Council members are not hiring for their own business or practice and it's only our taxpayer dollars, wasting 2 days' salary is not an issue.

The Councilmembers need to be "COACHED" to think of the City's money as their own money.  Spend the City's money as if you are spending your own money.

They need to lead by example.  San Marino has a revenue and expense problem according to the City Manager and the Council because it needs to have a Utility Tax and a Special Public Safety Tax in order to operate. 

Let's start reducing expenses, NO MATTER HOW SMALL THE REDUCTION THE COUNCIL NEEDS TO START.  Don't be led by the City Manager.  Manage the City Manager for once.

The San Marino Tribune Will Never Print This Letter

I sent this letter to Tribune writer Mitch Lehman.  Another San Marino resident went down to the Tribune office to submit his "Dear Editor" letter and was given an indication that it would be printed.  No such luck.  Very one-side publication but how can an objective newspaper stand by false information and data?  Fake News!

The group "San Marino Residents for Measure SM" is saying defeat of this Special Public Safety Tax will leave San Marino CA 91108 with 2 first responders: 1 firefighter and 1 police officer.

This group must have confirmed with the City Council that the Council will allow this to happen; the City Council will not eliminate other non-essential expenses and programs in order to protect the lives and properties of San Marino residents.  That would be a first anywhere.  A City Council will not adjust the City's budget to make sure fire and police protection remain intact.

The Truth Behind San Marino Parcel Tax Measure SM on Scribd