REPORT TO COUNCIL/STADIUM AUTHORITY/BAYSHORE NORTH PROJECT ENHANCEMENT AUTHORITY/SUCCESSOR AGENCY TO THE CITY OF SANTA CLARA REDEVELOPMENT AGENCY
SUBJECT
Title
Approval of Fifth Amendment to Joint Exercise of Powers Agreement; Resolution declaring the necessity of board approval prior to entering into Stadium Authority contracts
Report
BACKGROUND
On February 22, 2011, by the City of Santa Clara Resolution No. 11-7825, the City authorized the execution of a Joint Exercise of Powers Agreement (“JPA Agreement”) with the Redevelopment Agency of the City of Santa Clara (the “Former RDA”) to form the Santa Clara Stadium Authority.
On November 13, 2012, the Second Amendment to the JPA Agreement was executed to reflect the dissolution of the Former RDA and to clarify implementation of the Stadium Authority procurement policies and procedures.
On June 27, 2017, the Third Amendment to the JPA Agreement was executed to separate the duties of the Current Stadium Finance Director/Treasurer/Auditor function into two positions - Stadium Authority Treasurer and Stadium Authority Auditor.
On March 26, 2019, the Fourth Amendment to the JPA Agreement was executed to amend Section 3.2 designating the Assistant City Clerk as the Secretary of the Stadium Authority.
On October 8, the City Council acting as the Stadium Authority Board enacted Ordinance No. 2005 Amending Sections 17.30.080 ("Best Value Selection Procedures"), 17.30.090 ("Formal Bidding Procedure"), And 17.30.120 ("Service Contracts-Signature Authority") Of Title 17 ("Development") Of "The Code Of The City Of Santa Clara, California" to eliminate the authority of Executive Director to enter into Stadium Authority contracts without prior Board approval.
The Joint Powers Agreement that formed the Stadium Authority contained provisions that also recited certain expenditure and contract signing authority that would be inconsistent with the recently enacted ordinance.
DISCUSSION
In order to align the JPA with the recent change in delegated authority, staff proposes that the provisions of the JPA regarding expenditure and contract signing authority be amended to eliminate the authority of Executive Director to enter into Stadium Authority contracts without prior Board approval.
Additionally, staff is recommending adoption of the attached Resolution to put the public on notice that all Stadium Authority contracts must be approved by the Stadium Authority Board prior to execution by the Stadium Manager.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
There is no fiscal impact other than administrative expense.
COORDINATION
This report has been coordinated with the Stadium Authority Executive Director.
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
1. Approve the Fifth Amendment to Joint Exercise of Powers Agreement to eliminate the authority of Executive Director to enter into Stadium Authority contracts without prior Board approval; and
2. Adopt Resolution declaring the necessity of Stadium Authority Board approval prior to entering into Stadium Authority contracts.
Staff
Reviewed by: Brian Doyle, City Attorney/Stadium Authority Counsel/Authority Counsel
Approved by: Deanna J. Santana, City Manager/Executive Director
ATTACHMENTS
1. Fifth Amendment to Joint Powers Agreement
2. Resolution declaring the necessity of Stadium Authority Board approval prior to entering into Stadium Authority contracts