The City Council still has not adopted any language for how the City is to award professional services or consulting contracts despite our own municipal code requiring it.
Earlier this year, I helped some clients with the sale of their home, which was a City of Moorpark First Time Home Buyer home. I learned the City has only had one hired agent to manage the City’s First Time Home Buyer program sales, and there was never any bidding for that job. Based on my experience with her, as well as what I hear from others, this agent does a pretty bad job. So, I looked into how to bid on that service, and was surprised to find out that the City has no process for bidding on that job or any professional services contracts. The awarding of contracts seems to be largely discretionary. I checked with the city manager and did a public records request and found that is a fact.
I sent the below letter 3/22/19 via email to citycouncil@moorparkca.gov
Dear Mayor, Council and Mr. Manager,
No more than a few months ago, I had the opportunity to represent clients in the sale of their first home, which they purchased under the City’s First Time Home Buyer (FTHB) program. The City provides this attractive program, that gives buyers a shot at owning a home in a nice City they might not otherwise afford. During the recent representation of my clients (escrow closed early this year), I found a number of problems that I think deserve attention. Separately (another day), I would like to raise some issues of the administration of the City FTHB program. More pressing however is the fact that the City’s Municipal Code does not fully cover bidding for professional consulting services because the Council for some reason has not yet adopted the required resolution.
Article IV. Consulting or Contractual Services
3.04.290 Requirements.
The city council shall by resolution prescribe procedures, rules and regulations governing the solicitation, selection and award of proposals or bids for the furnishing of personal services or professional or consulting services or for other contractual services, the contracts for which may be awarded without observing the bidding procedures provided for in this chapter. Such procedures, rules and regulations shall have as one (1) purpose the obtaining of contractual services of the highest quality together with cost-effectiveness. (Ord. 2 § 1,1983)
During this transaction I mentioned above, I worked with the City’s only hired “professional consultant” for real estate services in the City’s FTHB program – Ms. Linda Toth. I represented the seller. Ms. Toth represented the buyer. I believe that Ms. Toth was the only option the buyer had for an agent because the City has only hired this one agent. The City’s own FTHB program language allows for buyers and sellers to hire their own agent but the City has no process for allowing bidding from outside agents to provide agent services. Ms. Linda Toth is the only agent that the City has ever hired for the FTHB program buyers. As a result, Ms. Toth is the only agent that buyers believe they have when purchasing a home under the program.
This problem apparently extends to more than just real estate agents working for the City of Moorpark, because the City has not adopted the required language as to all consulting and contractual services.
I believe that consumers in Moorpark would be better served if a competitive process was adopted for these contracts. I urge the City Council and Staff to work together on finally adopting this language.