Email sent to the City.
To whom it may concern
Tuesday, January 26, 2010 5:13 PM
From: “H Dent”
To:admin@ci.twentynine-palms.ca.us, cityclrk@ci.twentynine-palms.ca.us, findir@ci.twentynine-palms.ca.us, info@29palmsfire.org, comserdr@ci.twentynine-palms.ca.us, spear@ci.twentynine-palms.ca.us, klink@ci.twentynine-palms.ca.us, jcole@ci.twentynine-palms.ca.us, harris@ci.twentynine-palms.ca.us, flock@ci.twentynine-palms.ca.us, commdev@ci.twentynine-palms.ca.us… more
I am requesting that this be read into the minutes of Council.
I am in opposition to any further funding of the Chamber of Commerce building that was awarded to them by the City of Twentynine Palms Council. It is also requested that all construction stop until the legality of the matter be resolved.
Under the California Municipal Law Chapter VII § 7.1.05 BIDDING.
(A) General Requirement. Competitive bidding for public works contracts for public projects over $5,000 is required for general law cities, Cal. Pub. Cont. Code § 20162, and redevelopment agencies, Cal. Pub. Cont. Code § 20688.2. A project may not be split into smaller portions to avoid the competitive bidding requirement. Cal. Pub. Cont. Code § 20163. If the public entity has elected to be subject to the uniform construction accounting procedures under Cal. Pub. Cont. Code §§ 22000 et seq., then certain less formal procedures may be available for contracts less than $100,000. Cal. Pub. Cont. Code § 22032. Note that although state general law bidding procedures do not bind charter cities where the subject matter of the bid constitutes a municipal affair, R & A Vending Services, Inc. v. City of Los Angeles, 172 Cal. App. 3d 1188, 218 Cal. Rptr. 667 (1985), the Public Contract Code applies to charter cities in the absence of an express exemption, a city charter provision, or ordinance that directly conflicts with the Public Contract Code. Cal. Pub. Cont. Code § 1100.7.
(B) Public Project. Public project is defined for bidding purposes as: (1) the erection, improvement, painting, or repair of public buildings and works; (2) work in streams, bays, etc.; (3) street or sewer work, except maintenance or repair; and (4) furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers. Cal. Pub. Cont. Code § 20161. Under certain circumstances, leases of city property may be considered public works contracts subject to bidding requirements. See Boydston v. Napa Sanitation District, 222 Cal. App. 3d 1362, 272 Cal. Rptr. 458 (1990).
(C) Exceptions to Competitive Bidding.
(1) Emergency. Contracts may be awarded without competitive bidding if the legislative body makes a finding by a four-fifths vote that an emergency exists. Cal. Pub. Cont. Code §§ 1102, 20168, 22050.
(2) Professional Services. Contracts for professional services such as private architectural, landscape architectural, engineering, environmental, land surveying, or construction management firms need not be competitively bid, but must be awarded on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. Cal. Gov’t Code § 4526. However, if the professional services are too closely akin to the work typically performed by public works construction contractors (for example, some services performed by construction managers), then competitive bidding may be required. City of Inglewood-Los Angeles County Civic Center Authority v. Superior Court, 7 Cal. 3d 861, 103 Cal. Rptr. 689 (1972).
(3) Special Services. The legislative body of any public or municipal corporation may contract with and employ any persons for the furnishing to the corporation special services and advice in financial, economic, accounting, engineering, legal, or administrative matters if such persons are specially trained and experienced and competent to perform the special services required. Cal. Gov’t Code § 53060. The test as to whether services are special services depends on the nature of the services, the necessary qualifications required of a person furnishing the services, and the availability of the service from public sources. California School Employees Association v. Sunnyvale Elementary School District, 36 Cal. App. 3d 46, 60, 111 Cal. Rptr. 433 (1973).
From the brief above the chamber NEVER met any of the requirements required.
It would stand to reason that what the City of Twentynine Palms Council did was illegal.
Citizen of Twentynine Palms
H. Dent
Stop the Chamber Funding,
And if they do go through with it?
Update errata correction: this should read if they do -not- go through with it.
Vote them out. The new council can then resend the dirty deeds.
Of course this depends if they were not removed in cuffs.
Maybe they should also read:
CALIFORNIA GOVERNMENT CODE SECTION
37380. (a) A city may lease property owned or held or controlled by
it, or any of its departments, for not to exceed 55 years.
(b) Notwithstanding the 55-year limitation in subdivision (a), a
city may lease property owned or held or controlled by it, or any of
its departments or boards for a period exceeding 55 years but not
exceeding 99 years, if all of the following conditions are met:
(1) The lease shall be subject to periodic review by the city and
shall take into consideration the then current market conditions. The
local legislative body may, prior to final execution of the lease,
establish the lease provisions which will periodically be reviewed,
and determine when those provisions are to be reviewed.
(2) Any lease entered into pursuant to this section shall be
authorized by an ordinance adopted by the legislative body. The
ordinance shall be subject to referendum in the manner prescribed by
law for ordinances of cities.
(3) Prior to adopting an ordinance authorizing a lease, the
governing body shall hold a public hearing. Notice of the time and
place of the hearing shall be published pursuant to Section 6066 in
one or more newspapers of general circulation within the city, and
shall be mailed to any person requesting special notice, to any
present tenant of the public property, and to all owners of land
adjoining the property.
(4) Any lease shall be awarded to the bidder which, in the
determination of the legislative body, offers the greatest economic
return to the city, after competitive bidding conducted in the manner
determined by the legislative body. Notice inviting bids shall be
published pursuant to Section 6066 in one or more newspapers of
general circulation within the city.
The provisions of paragraphs (2), (3), and (4) do not apply to any
charter city, which may utilize a procedure as specified by charter
or adopted by ordinance in accordance with its charter.
Or even read their own Twentynine Palms Municipal Code, Title 3, REVENUE AND FINANCE Chapter 3.01 Purchases
29 Palms has a City Attorney that informs council members of legal matters such as this. Was his council sought by the council? If not, why not? Isn’t this what he is getting paid for? The city attorney needs to do more that just show up at meetings.
Was legal council sought on the controversy high-powered rifle range within city limits? A good question for the Council. The community is waiting for an answer on this. What is the legal advise? Is that so difficult? Is it ‘hide the ball’, ‘don’t say anything’, ‘the problem will go away.’
Council members are elected to move problems, take action, solve problems, make matters right. Seems this is not happening.
I agree with others that 29 needs an elected City Attorney, or a law firm that is not so far away at one of the beach cities.
There is a place that you can go if you feel that there is no way the city will listen to your complaints or issues.
http://www.fppc.ca.gov/enforce/complaint_form.1.pdf
Also under the same web site is quite a bit of info like;
Regulations of the Fair Political Practices Commission Title 2, Division 6, California Code of Regulations
§ 18217. Nonprofit Organization as Controlled Committee.
Chamber of Commerce? Since they offer a “A voice at City Hall” and “Council Connections”
or
§ 18239. Definition of Lobbyist.
Wouldn’t Gary Don’tknow be considered a lobbyist?
or
§ 18728. Reporting of Income and Gifts; Honoraria and Awards (87207).
Might check with Steve Flock and Jim Harris if this was reported (note http://vote29.com/newmyblog/?p=2112)
These are just a few of the items available.