REPORT TO COUNCIL
SUBJECT
Title
Action on a Joint Resolution Delegating Authority to the City Manager/Contract Administrator for Sports and Open Space Authority/Executive Director for Housing Authority During the Council Recess from July 15, 2020 to August 14, 2020 [Council Pillar: Deliver and Enhance High Quality Efficient Services and Infrastructure]
Report
BACKGROUND
City Council will take a scheduled recess from July 15, 2020 to August 14, 2020, during which time, no City Council/Sports and Open Spaces Authority/Housing Authority/Successor Agency meetings will take place. In prior years, Council has delegated authority to the City Manager/Executive Director/Contract Administrator or her designee through resolution (Attachment 1) to approve contracts and take other administrative actions as necessary during the Council recess on items vital to the function of the City. A report summarizing actions taken by the City Manager /Contract Administrator will be presented to the City Council in September.
Given the Stadium Authority Board’s recent action on removing delegated authority for procurements, no delegated authority is requested during this recess. Staff does not anticipate any procurement needs during this time.
DISCUSSION
The City’s Municipal Code Section 2.105.300 provides cases for emergency procurement by the City Manager where an emergency is defined as, “a situation where immediate action is required to preserve the public peace, health and safety and/or to avoid severe degradation of City property or a facility.” If contracts arise during the recess that were not previously anticipated, the City Manager will only act should they meet the above criteria.
The City Manager requested that departments submit items that will be crucial to execute during the recess, but no items were identified as potentially urgent or time sensitive. However, if an occasion arises where action must be taken, the City Manager will use the authority delegated to her by City Council to take the necessary steps. This authority will be used only in cases where inaction would result in project delays, interruption of services, adverse fiscal impact or in the event of an emergency.
The City Manager in her role as Director of Emergency Services issued a declaration of emergency on March 11, 2020 regarding the COVID-19 pandemic that was ratified by City Council on March 17, 2020 (Attachment 2). This Proclamation of Local Emergency provides the authority to:
• Provide and request mutual aid from state and other governmental agencies consistent with the provisions of local ordinances, resolutions, emergency plans, and agreements.
• Promulgate orders and regulations and exercise emergency police powers necessary to provide for protection of life and property.
• Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use.
• Require emergency services of any City officer or employee and activate the use of disaster service workers who shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered disaster service workers.
• Requisition necessary personnel or material of any City department or agency.
The City of Santa Clara remains in a state of local emergency regarding COVID-19. Action on this resolution will not impact the pre-existing declaration of emergency approved by Council on March 17, 2020.
FISCAL IMPACT
The approval of Agreements, Amendments, Change Orders, and Award of Contracts is anticipated to be within the Council approved budget amounts for the projects.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov>.
RECOMMENDATION
Recommendation
That the City Council/Sports and Open Space Authority/Housing Authority/Successor Agency:
Adopt a Joint Resolution delegating authority to the City Manager/Contract Administrator for Sports and Open Space Authority/Executive Director for Housing Authority to approve project related documents during the Council recess from July 15, 2020 to August 14, 2020 and requiring the City Manager/Executive Director/Contract Administrator to submit a report on actions taken during the Council recess at a City Council/Sports and Open Space Authority/Housing Authority/Successor Agency meeting in September 2020.
Staff
Reviewed by: Nadine Nader, Assistant City Manager
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Resolution
2. Report to Council on Declaration of Local Emergency on March 17, 2020