ITEM 9-B

City Council Meeting  4-26-94           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 WAIVING THE PURCHASING REQUIREMENTS 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
permit the use of the informal purchasing procedures set forth in
Santa Monica Municipal Code Section 2.24.090.  The procedure set
forth in Section 2.24.090  would facilitiate staff's efforts to
meet the expedited deadlines for construction of a shelter.

     The attached resolution would authorize the City Manager to
utilize the informal purchasing requirements to negotiate and
execute contracts needed to construct the shelter.  This
resolution requires five votes of the City Council for adoption.  
   
                              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


                         RESOLUTION NO. ____ (CCS)

                           (City Council Series)

              A RESOLUTION OF THE CITY COUNCIL OF THE CITY 
          OF SANTA MONICA WAIVING THE PURCHASING REQUIREMENTS 
            FOR CONSTRUCTION OF A SHELTER ON PUBLIC PROPERTY
     
     WHEREAS, individuals without shelter currently reside in
public parks of this City; 


     WHEREAS, the City Council has expressed its intent to close
the public parks each day from 12:00 A.M. to 5:00 A.M.; and 

     WHEREAS, 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 living 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 jeopardized 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 waiver of the normal bidding
requirements when necessary to address concerns such as those set
forth above,

     NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:

     SECTION 1.  In accordance with Section 2.24.071(4)(c) the City
Manager is authorized to negotiate and execute contracts for the
construction of a shelter on public property. 

     SECTION  2.  The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.

APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney