REPORT TO COUNCIL
SUBJECT
Title
Action on a Joint Resolution Delegating Authority to the City Manager/Executive Officer for Santa Clara Stadium Authority/Contract Administrator for Sports and Open Space Authority/Executive Director for Housing Authority During the Council Recess from July 14, 2021 to August 16, 2021
Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
City Council will take a scheduled recess from July 14, 2021 to August 16, 2021, during which time, no City Council/Santa Clara Stadium Authority/Sports and Open Spaces Authority/Housing Authority 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/Executive Director/Contract Administrator will be presented to the City Council in September 2021.
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.
During the 2020 Council Recess, the City did not issue a resolution specific to this authority, as authority was already granted to the City Manager through the Proclamation of Existence of a Local Emergency issued on March 17, 2020. This proclamation will continue through the 2021 Council Recess, but Council is encouraged to pass the attached resolution as the City works to return to its standard operating procedure as is possible.
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:
• Accepting grants and donations on behalf of the City and approving associated budget amendments
• Approving grant applications
• Approving purchase of and settlement agreements for overhead electric easements on the South Loop Reconfigure Project
• Approving amendments to agreements to ensure projects are not delayed and service is not interrupted
Beyond those listed above, there may be other items that require action by the City Manager or her designee during the Council recess. If such is the case, 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 and operations, adverse fiscal impact or in the event of an emergency. The goal of this delegation of authority is to ensure that the Santa Clara community 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/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 Council recess from July 14, 2021 to August 16, 2021 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 2021.
Staff
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Resolution