SR-9-B (54)
. 98
CA:f:atty\muni\strpts\mtt\shelter MAY 1 0 199't
City Council Meeting 5-10-94 Santa Monica, California
STAFF REPORT
TO: Mayor and City council
FROM: city Attorney
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA TO FOREGO STANDARD BIDDING PROCEDURES FOR
CONSTRUCTION OF A SHELTER ON PUBLIC PROPERTY
The current purchasing requirements for public works projects
and the purchase of supplies, materials, equipment and contractual
services will not permit staff to meet the present schedule for
construction of a shelter on public property. However, if the City
Council adopts the proposed changes to the purchasing provisions of
the Municipal Code at this meeting, the City Council will have the
authority upon a two-thirds vote to forego standard bidding
procedures pursuant to Santa Monica Municipal Code sections
2.24.071(4) (c), 2.24.073(4) , and 2.24.100.
The attached resolution would authorize the City Manager to
forego standard bidding procedures in order to construct the
shelter. This Resolution requires five votes of the city Council
for adoption.
MAY 1 0 199't
1 98
RECOMMENDATION
It is respectfully recommended that the accompanying
resolution be adopted.
PREPARED BY: Marsha Jones Moutrie, city Attorney
Martin T. Tachiki, Chief Deputy City Attorney
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CA:f:\atty\munl\laws\mtt\shelter.res
City Council Meeting 5-10/94 Santa Monica, californla
RESOLUTION NO.8750 ( CCS )
(City Councll Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA TO FOREGO STANDARD BIDDING PROCEDURES
FOR CONSTRUCTION OF A SHELTER ON PUBLIC PROPERTY
WHEREAS, individuals without shelter currently reside in
public parks of this city; and
WHEREAS, the City Councll has expressed its lntent to close
the public parks each day from 12:00 A.M. to 5: 00 A. M. ; and
WHEREAS f the City Council seeks to expeditiously address the
provision of necessary shelter to individuals currently residing in
public parks and to address health and safety concerns attendant
upon persons llving without shelter; and
WHEREAS, this urgent need to commence the process for
construction of the shelter and address the attendant health and
safety issues would be jeopardlzed by adhering to the normal
bidding procedures; and
WHEREAS, Santa Monica Municipal Code sections 2.24.071(4),
2.24.073(4) and 2.24.100 provide for walver of the standard bidding
requirements when necessary to address concerns such as those set
forth above,
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. In accordance w1th Santa Monica Municipal Code
section 2.24.071(4) (c), the City Manager 15 authorlzed to negotiate
and execute contracts for the construction of a shelter on public
property.
SECTION 2. The City Clerk shall certlfy to the adoption of
this Resolutlon, and thenceforth and thereafter the same shall be
ln full force and effect.
APPROVED AS TO FORM:
~U~ '1--~-iW
SHA JONEsJMOUTRIE
Clty Attorney
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Adopted and approved thIS 10th day of May, 1994
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/'" 1 ayor
I hereby certify that the foregomg Resolutlon No 8750 (CCS) was duly adopted at a
meetmg of the CIty CouncIl held on the 10th day of May. 1994 by the followmg vote
Ayes Councl1members Abdo, Genser. Olsen, Rosenstem. Vazquez
Noes' Councllmembers' None
Abstam CouncIlmembers None
Absent. CouncIlmembers Greenberg, Holbrook
ATTEST
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/(r;/?-(lAa:x- 0 k~/ .
- City lerk'
MEMORANDUM 9C
HAY 1 0 1994
MEETING DATE: May 10, 1994
TO: Mayor and city Council
FROM: Marsha Jones Moutrie, City Attorney ~
SUBJECT: Threatened Litigation
As you know, the Brown Act authorizes the city Council to
meet in closed session with legal counsel to discuss litigation
which is either already on file or threatened.
This memorandum is to advise you that, based on existing
facts and circumstances, there is a very significant chance that
two separate lawsuits will soon be filed against the City. In
each of these cases, the attorney for plaintiff has informed me
that his client intends to file suit. In one case, the attorney
gave me a copy of the proposed complaint. In the other case, the
attorney explained the facts and legal theories which the
complaint will embody. I believe these facts constitute ample
grounds for you to conclude that litigation is imminent as to
each case.
muni\memos\mjm\brown
MAY 1 0 199't
9C
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