REPORT TO COUNCIL
SUBJECT
Title
Action on Amendment No. 5 to the Agreement for the Performance of Services with Wilson, Ihrig & Associates for Noise Monitoring Services at Levi’s Stadium
Report
COUNCIL PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium
BACKGROUND
On August 30, 2016, in response to complaints from residents about noise emanating from the San Francisco 49er’s football practices, the City Council directed staff to establish a noise monitoring system for Levi’s Stadium and training facility.
Following Council direction, the City solicited bids from acoustic engineers and after receiving three proposals, entered into an agreement on February 7, 2017 with Wilson, Ihrig & Associates to provide noise monitoring services at Levi’s Stadium. Since that time the consultant has implemented a noise monitoring program that includes four noise monitoring stations as well as a comprehensive website (<https://seti-media.com/infopopulation/levis_stadium/>) that provides reporting information from the monitors as well as a portal for residents to issue noise complaints. The contract covers the ongoing cost to rent noise monitoring equipment from the consultant and maintenance of the website.
In December 2017, Amendment 1 was executed to extend the term of the Agreement by twelve months ending on December 31, 2018.
In August 2018, Council approved Amendment No. 2 to this agreement which added $150,000 to the Agreement and extended the contract term by twenty months ending on August 31, 2020.
In October 2020, Council approved Amendment No. 3 to this agreement to extend the term of the Agreement thru September 30, 2021, with no additional funding.
On September 7, 2021 Council approved Amendment No. 4 to this agreement to extend the term of the Agreement thru March 31, 2022, with $50,000 of additional funding.
DISCUSSION
At the September 7, 2021 meeting, some Councilmembers requested analysis of the noise data received and also wanted information regarding an option to purchase the noise monitoring equipment rather than rent it, which is the current approach as rental of noise monitoring equipment is included in the agreement with Wilson, Ihrig, & Associates. As such the Council extended the agreement six months in order to re-assess a longer agreement extension with the requested information.
Noise Analysis
In response to the recent request from the City Council, Wilson, Ihrig, & Associates prepared the attached noise analysis of data collected in 2021. The analysis compares noise levels adjacent to the Stadium during all Sundays without NFL games to Sundays with 49er games at the Stadium (Attachment 7). The analysis does not include concerts as none took place during this time period. The analysis uses the hourly average noise levels generated and maximum instantaneous noise levels generated as they were the standards used in the adopted Environmental Impact Report (EIR) prepared for the 49ers Stadium. The analysis compares these noise levels to the anticipated noise levels included in the EIR.
The analysis calls out that hourly average noise levels during 49er games are mostly below the noise range anticipated in the EIR (Attachment 7, page 5-9); however, the maximum instantaneous noise levels generated are often greater during 49er games than anticipated in the EIR (Attachment 7, page 10). Jet noise has been filtered out in the noise levels; however, other non-Stadium activity can also be contributing to noise levels in general.
Concerts have also been identified as a Stadium activity that produces noise that affects adjacent properties. While there have not been concerts since the Covid-19 pandemic began in 2020, attached are reports that were previously prepared by Wilson, Ihrig, & Associates regarding noise levels generated during two concerts, U2 on May 17, 2017 and Coldplay with fireworks on October 4, 2017 (Attachments 8 & 9). These analyses indicate that the U2 concert exceeded the target noise level for one of the four neighborhood noise monitoring locations (and also that ambient noise levels also exceeded the target).
The consultant is able to modify analyses of noise data based on any specific feedback the Council provides. Attachment 7 is an example of an analysis template that could be provided to the Council or could be modified at the Council’s request.
Noise Monitoring Equipment
Attachment 10 includes information gathered from three noise monitoring equipment firms to determine the estimated cost of purchasing equipment. Seti Media, whose equipment is currently used by Wilson Ihrig, & Associates, for Stadium monitoring, does not offer the sale of their equipment. Note that only Seti Media has the capacity to filter out jet noise. Two other firms sell monitoring equipment for a one-time cost that range between $50,740 and $51,300 for four stations; however additional support costs range between $15,020 and $30,240 annually.
Staff recommends continuing the practice of renting stationary noise monitoring equipment as purchasing equipment would lock in the City to current monitoring options, and it would be costly to upgrade equipment if technology improves or if future customization is desired. Also, equipment found that can filter jet noise is only available for rent and such a filter is a useful tool for analyzing noise specifically attributable to Stadium activity as distinct from locational conditions. If the City went the route of purchasing noise monitoring equipment, the City would also need to enter into an agreement for services to analyze the data collected, which is a service provided currently through the Wilson, Ihrig & Associates agreement.
The agreement with Wilson, Ihrig & Associates is nearing its expiration date. Amendment five will extend the term by 2 years and align the contract with the Stadium Authority fiscal year. The contract will allow the City to continue the noise monitoring program for ongoing use of the existing monitors to verify compliance with City permits and provide continuity for data collection to support policy making over the long-term. Much of the contract cost occurred at the beginning of the contract for installation of the equipment and creation of the monitoring website. The primary recurring costs are the equipment rental fees costing approximately $45,000 dollars annually. In recognition that the City Council provided feedback that deeper analysis of data and reporting was desired, $50,000 has been added to the contract for this service.
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 as a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
Amendment No. 5 increases the not to exceed amount of the contract by $140,000 for a total of $439,840. Funding for this service was included in the Fiscal Year 2021/22 Annual Operating Budget and appropriations in future years will be subject to future appropriation of funds.
COORDINATION
This report has been coordinated with the Finance Department, City Attorney’s Office, and City Manager’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>.
ALTERNATIVES
1. Authorize the City Manager to execute Amendment No. 5 with Wilson, Ihrig & Associates to extend the term of the Agreement through March 31, 2024, and increase maximum compensation by $140,000 for a total not to exceed amount of $439,840, subject to Santa Clara Stadium Authority Board appropriation of funds.
2. Authorize the City Manager to execute Amendment No. 5 with Wilson, Ihrig & Associates to extend the term of the Agreement through March 31, 2023, and increase maximum compensation by $70,000 for a total not to exceed amount of $369,840, subject to Santa Clara Stadium Authority Board appropriation of funds and direct staff to initiate a Request for Proposals to evaluate a new potential vendor for noise monitoring services.
3. Direct staff on an alternate approach to noise monitoring adjacent to the 49ers Stadium.
RECOMMENDATION
Recommendation
Alternative 1:
Authorize the City Manager to execute Amendment No. 5 with Wilson, Ihrig & Associates to extend the term of the Agreement by 2 years ending on March 31, 2024, and increase maximum compensation by $140,000 for a total not to exceed amount of $439,840, subject to Santa Clara Stadium Authority Board appropriation of funds.
Staff
Reviewed by: Andrew Crabtree, Director, Community Development Department
Approved by: City Manager’s Office
ATTACHMENTS
1. Amendment No. 5 to the Agreement with Wilson, Ihrig & Associates
2. Amendment No. 4 to the Agreement with Wilson, Ihrig & Associates
3. Amendment No. 3 to the Agreement with Wilson, Ihrig & Associates
4. Amendment No. 2 to the Agreement with Wilson, Ihrig & Associates
5. Amendment No. 1 to the Agreement with Wilson, Ihrig & Associates
6. Original Agreement with Wilson, Ihrig & Associates
7. Stadium Noise Monitoring Report, prepared by Wilson, Ihrig & Associates, Feb 9, 2022
8. Stadium Noise Monitoring Report of U2 Concert, prepared by Wilson, Ihrig & Associates, May 23, 2017
9. Stadium Noise Monitoring Report of Coldplay Concert & Fireworks prepared by Wilson, Ihrig & Associates, October 10, 2017
10. Summary of Rent vs Buy Options for Noise Monitoring Stations