For over a year I have monitored contracts issued by Mission Viejo staff that raises a flag. Under the pretense of “streamlining” of consultant contracts we have empowered the city manager to execute agreements for a variety of professional services that are under $30,000. All contracts above $30,000 will still require City Council approval. These contracts are awarded to those whose names appear on a pre-qualified listing.
I have the Mission Viejo 6 page listing of City Consultants that contains around 300 firms. Under the category designated as “Construction Design Services” you will only find two names. Richard Fisher Associates (located on E. First Street in Santa Ana) and RJM Design Group from San Juan Capistrano.
While I have addressed my concerns over the huge discrepancy favoring RJM at a city council meeting, true to form the mayor couldn’t wait for my three minutes to end and move to the next speaker.
After submitting two public records requests, and visiting our Records Coordinator, I discovered the following facts. Since Jan 2006, through April of 2010, we either issued or made payments against 28 “no bid” purchase orders to RJM Design Group totaling $1,103,650.98
In the same timeframe we located six purchase orders with Richard Fisher Assoc totaling $76,357 (rounded off) . Source. City of MV Records Coordinator hard copies.
In reviewing the two vendors I would opine that Richard Fisher is qualified to have undertaken the same contracts awarded to the favored vendor whose pricing is not challenged.
A disturbing fact uncovered recently is that we have even given RJM Design authority to negotiate with the landowner of the Casta Golf Course. Yes, the same golf course related to Measure D. In this case the city is pressing a CIP to spend almost $4 million to add one tennis court, lighting and remodel a clubhouse in which the proposed project requires cooperation from American Golf due to added parking on land that we do not own.
Note: I seem to recall council member Schlicht asking for a status report on that land but not getting a response.
Page 133 of 159 package contains a Feb 17, 2010 email from Larry Ryan (RJM) to our city manager Dennis Wilberg and two senior staff.
“Good morning,
I just wanted to let you know that I have had a lengthy conversation with Christine Chong of American Golf. I believe we have made some progress in explaining our situation and our goal of gaining either an easement or title to a portion of their land adjacent to the Tennis Complex expansion…”
He continues “Christine briefly explained the realities of their economic situation and how difficult it might be for their lender to simply hand over approximately 3 acres of land…”
On April 1st, page 145, Larry Ryan sends Christine another email.
“Hello Christine,
I’m sorry to bother you but I desperately need to get in touch with you. As previously discussed we are assisting the city of Mission Viejo and are proceeding with our project and need to confirm American Golf’s position with regards to the property in question adjacent to the Casta Del Sol golf course…”
Amazing. We rush ahead with a “special interest” project that will require land that we do not own, a potential delaying or cost driven aspect of the proposed CIP that I do not recall being shared with the voters and permit a contractor to apply pressure to a local property owner.
This is not the first clue for me that we are a “closed city.” The other episode, covered many years ago by the LA Times, will not enter the picture today.
Interesting to see the city is asking for an easement. Looks like a gift of public funds if the city is improving the property of American Golf.
Three acres for a parking lot? Is this where the 4,000 truckloads of dirt are needed to fill in a ravine? This whole project makes no sense.
Crazy.
Yes, we are nuts. Let’s hide the entire project scope from the voters. But, wait a minute, we also hide the plan from one of our city council members, Cathy Schlicht, who questioned the CIP on the thousands of truckloads of dirt to be added in part on land we do not own. Transparency in MV. Are you kidding me???
The cities garbage contract was just concluded and though the competitive process was employed, it was tainted. Even with this “tainted process” the citizens realized a reduction in the costs of the service provider. So competitive bidding works !!!
Just why isn’t competitve bidding used on the design work, and why is RJM the recipient of so much largess?? Maybe the Public Works Dept head Keith Rattay would like to explain this to the citizens of Mission Viejo !!!
I have also questioned the relationship between RJM and the city of Mission Viejo. Specifically just what is the relationship between Keith Rattay, who in effect designates RJM for just about every project, and RJM Design. It appears to many individuals that there is a VERY unhealthy relationship between these two parties. And I would ask–what is 15% of the $1 million of the contracts awarded to RJM???
LOng Time MV Observer.
As I sent email copies of this story to around one hundred people, including the City Manager and City Attorney, let’s see if they dare respond to the post and your comment
While I was on council I went to several ‘vendor fairs’ mostly held at LOC conferences. I collected a whole lot of information and talked with many contractors that we do not hear from and asked them to please please get involved and submiit bids. They would tell me that they had done that before and been put off and ignored by MV staff because we are a “CLOSED CITY’. You are right to take a look at our vendors and ask why no one else gets the business. The biggest ones start out with low ball offers, then the add ons kill us. Why else would a $5.5million addition to the community center end up as $15 mil. They know how to work the system… forward and backward.
New guys, it truly is who you know not what you know.
Madam Mayor. Inside baseball may confuse some of our readers.
LOC represents the League of Cities which conducts training on how to game the system. Larry, be careful here. At one League event, held in the quaint town of Monterey, CA., one of the LOC speakers was from the same RW&G law firm we utilize.
Their session speaker James L. Markman, who specializes in Municipal Law and redevelopment, taught elected officials and staff on how to circumlocute the Brown Act as he joked about his experiences. I still have a transcript of his remarks and a bootlegged tape somewhere in my vault.
One point overlooked in the post deals with a senior staffer, Keith Rattay, being questioned on what finance felt should be an increase to a purchase order to RJM design which would have warranted prior approval from the city council. I have the email exchanges between Nancy Livingston in purchasing (or finance) and Director Keith Rattay.
In time I may submit this entire package to the Grand Jury and let someone else see if I am off base.
i.e. Re: PR R9919 to RJM for $9,500 in “miscellaneous design services , etc.” It looks like that requisition should be an change order to exisitng PO 060161. PO 060161 was issued to RJM in September 2005 for $14,900 using a very similar description–miscellaneous design, graphics, coordination, etc. A $9,500 change order to that PO would then, of course, require Council approval, because of the amount of the initial PO. Thanks. Nancy.”
I have a follow up email that reads in part regarding this same order: “you’re going to have to provide a much different description for it not to be a change order, because the wording is almost exactly the same (and both are pretty generic) for the first PO in this same fiscal year to RJM for the $14,900. Can it become a new “miscellaneous” amount for a new 06-07 PO?”
Dir. Keith Rattay responded. “No problem, I will develop a different set of words.”