REPORT TO COUNCIL AND STADIUM AUTHORITY BOARD
SUBJECT
Title
City Council and Authorities Action Delegating Authority: to the City Manager for the City; the Executive Director for the Santa Clara Stadium Authority; the Contract Administrator for the Sports and Open Space Authority; and the Executive Director for the Housing Authority during the City Council recess from July 17, 2024 through August 19, 2024
Report
BACKGROUND
The City Council is scheduled for an official recess from July 22, 2024 through August 16, 2024, during which time, no City Council/Santa Clara Stadium Authority/Sports and Open Spaces Authority/Housing Authority meetings will take place. The City Council is scheduled to meet on July 16, 2024 for their last meeting before the scheduled recess and will reconvene on August 20, 2024 for the Council and Authorities Concurrent meeting following the recess.
For prior years, the City Council has delegated authority to the City Manager/Executive Director/Contract Administrator or their 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.
The Delegation of Authority to the City Manager/Executive Director for Santa Clara Stadium Authority/Contract Administrator for Sports and Open Space Authority/Executive Director for Housing Authority will be from July 17, 2024 through August 19, 2024 which covers the City Council recess (7/22/24-8/16/24) until the City Council meets again following the recess. A report summarizing any actions taken by the City Manager/Executive Director/Contract Administrator will be presented to the City Council in September 2024.
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 and City departments have reviewed items that will be crucial to execute during the recess, including but not limited to the following:
a. Accepting grants and donations on behalf of the City and approving associated budget amendments.
b. Approving grant applications.
c. Approving purchase agreements within existing budgetary appropriations.
d. Approving amendments to agreements to ensure projects are not delayed and service is not interrupted.
Anticipated Agreements Approval During Recess
a. Approving to enter into an Aerial Easement Agreement with the Santa Clara Valley Water District (Valley Water) to allow Silicon Valley Power to install arial transmission lines over San Tomas Aquino Creek which is Valley Water owned real property. The easement area is approximately 9,118 square feet on APN parcel numbers 104-39-022 and 104-40-008.
b. Approving to enter into Fiber Entry agreements.
c. Approving to enter into an agreement with Northern California Power Agency (NCPA) for a Satellite Office.
Beyond those listed above, there may be other items that require action by the City Manager or his designee during the Council recess. If such is the case, the City Manager will use the authority delegated to them by the 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 and operations, adverse fiscal impact or in the event of an emergency. The goal of this delegation of authority is to ensure that the City of Santa Clara and public continues to receive uninterrupted services.
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 all other departments as necessary.
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> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
That the City Council/Stadium Authority Board/Sports and Open Space Authority/Housing Authority:
Adopt a Joint Resolution delegating authority to the City Manager for City/Executive Officer for Santa Clara Stadium Authority/Contract Administrator for Sports and Open Space Authority/Executive Director for Housing Authority to approve project related documents during the period from July 17, 2024 through August 19, 2024, and requiring the City Manager/Executive Director/Contract Administrator to submit a report on actions taken during the Council recess at a City Council/Stadium Authority/Sports and Open Space Authority/Housing Authority meeting in September 2024.
Staff
Reviewed by: Maria Le, Assistant to the City Manager, City Manager’s Office
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Resolution