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 20, 2018 to August 20, 2018
Report
BACKGROUND
City Council will take a scheduled recess from July 20, 2018 to August 20, 2018, 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 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 early September.
DISCUSSION
The City Manager requested that departments submit on items that will be crucial to execute during the recess. As a result, the below list reflects the identified items by departments that are necessary to the on-going operation of the City. The City Manager will use the authority delegated to her by City Council 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’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.” In the event that unanticipated contracts arise during the recess that are not on this list, the City Manager will only take action should they meet the above criteria.
The attached detailed list provides more information (Attachment 2):
1. Approve Policy Manuals to Provide Operation Guidance for City Housing Programs, including Neighborhood Conservation and Improvement Program (NCIP), Tenant Based Rental Assistance (TBRA) and Below Market Purchase (BMP)
2. Approve Construction Contract for Traffic Signal at Pruneridge Ave. and Cronin Dr.
3. Approve Agreement for the Performance of Services with The Energy Corporation to Provide High Energy Piping Services
4. Approve Agreement for the Performance of Services with Intelligent Technologies and Services, Inc. to Provide Fire System Maintenance
5. Approve Special Facilities Agreement with Santa Clara Gateway, LLC, and Arista Networks, Inc.
6. Approve Pacific Gas and Electric Company Settlement Agreement 2019 Gas Rate Case, details TBD
7. Approve Amendment No. 2 to the Agreement Between the City of Santa Clara, CA and GEI Consultants, INC. for Management Support of the Bucks Creek Project
ENVIRONMENTAL REVIEW
Most of the actions being considered do 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 or pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
Construction project are required to obtain CEQA prior to the start of construction.
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> or at the public information desk at any City of Santa Clara public library.
ALTERNATIVES
1. Delegate 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 10, 2018 to August 20, 2018, which is anticipated to include the items listed in this report, as well as other time-sensitive issue that may arise.
2. Do not delegate 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 20, 2018 to August 20, 2018. This may result in project delays, additional costs, interruption of service delivery and more.
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/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 20, 2018 to August 20, 2018 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 2018.
Staff
Reviewed by: Nadine Nader, Assistant City Manager
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Resolution
2. Items to be Considered for Approval by City Manager during July 20 to August 20, 2018