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 period from July 16, 2025, through August 18, 2025
Report
BACKGROUND
The City Council is scheduled for an official recess from July 21, 2025, through August 15, 2025, during which time, there are no scheduled City Council/Santa Clara Stadium Authority/Sports and Open Spaces Authority/Housing Authority meetings. The City Council is scheduled to meet on July 15, 2025, for their last meeting before the scheduled recess and will reconvene on August 19, 2025, for the Council and Authorities Concurrent meeting following the recess.
As in previous 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 that would otherwise require the approval of the City Council or corresponding Board.
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 16, 2025, through August 18, 2025, which covers the City Council recess until the City Council reconvenes on August 19, 2025. A report summarizing any actions taken by the City Manager/Executive Director/Contract Administrator will be presented to the City Council in August 2025.
DISCUSSION
The City’s Municipal Code Section 2.105.300 provides the City Manager with approval authority on contracts up to $250,000. Additionally, Code Section 17.30 provides the Executive Director with approval authority up to and including $100,000.00, as allocated to and authorized by the Stadium Authority by adoption of the annual budget. A Contracts above that amount require City Council/Board approval.
The following time-sensitive items are anticipated to be approved during council recess and are as follows:
• Approve a budget amendment for the $648,764 Plumbing - Boilers Capital Expense (CapEx) project line item in the Stadium Authority FY 2025/26 CapEx Budget to increase the budget by $298,000 from the Capital Budget Ending Fund Balance, for a total budget amount of $946,764.
• Agreement with Mesa Energy Systems, Inc. in the amount of $654,611 to complete the Plumbing - Boilers CapEx project at Levi’s Stadium with the following actions:
o Authorize Stadium Manager to execute change orders up to 10% or $65,461.10 for a total not to exceed construction contract amount of $720,072.10; and
o Authorize the Stadium Manager to execute all documents associated with, and necessary for the award, completion, and acceptance of this Project.
• Amendment No. 2 to Agreement with Cupertino Electric to extend the term and increase the not-to-exceed compensation amount and authorize issuance of a task order for the Distribution - High Voltage PSG 12 KV Electrical Power Study, Assessment and Replacement at Quad Substations CapEx Project at Levi’s Stadium in the amount of $201,910 and the following actions:
o Authorize the Executive Director to approve change orders for the project up to $323,090 (equal to the remainder of the approved $525,000 budget amount for this project) for any required repairs or replacement work identified during the testing and inspection process; and
o Authorize the Stadium Manager to execute all documents associated with, and necessary for the award, completion, and acceptance of this project.
Should additional unanticipated contractual items arise, they may require City Manager action in the following categories:
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 agreements or amendments to agreements to ensure projects are not delayed and service is not interrupted.
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 throughout the City Council recess. Any such actions will be subject to review and approval by the City Attorney for compliance with the terms of the delegation, and as to form for any related contracts.
FISCAL IMPACT
Agreements, Amendments, Change Orders, and Award of Contracts that are approved during the Council recess period other than that which is already appropriated within the existing approved budget will be summarized and presented to the City Council in August 2025.
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 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 (1) delegating authority to the City Manager, or their designee, in their capacity as for the City Manager for the City, Executive Director for the Santa Clara Stadium Authority, Contract Administrator for the Sports and Open Space Authority, and the Executive Director for the Housing Authority to take actions otherwise subject to Council/Board approval where inaction would result in project delays, interruption of services and operations, adverse fiscal impact or in the event of an emergency, during the period from July 16, 2025 through August 18, 2025, with any such action being subject to review and approval by the City Attorney for compliance with the terms of such delegation, and as to form for any related contracts;
and (2) requiring the City Manager to submit a report on actions taken during the Council recess at a City Council/Concurrent Authorities Meeting in August 2025.
Staff
Reviewed by: Maria Le, Assistant to the City Manager, City Manager’s Office
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Resolution