REPORT TO COUNCIL AND STADIUM AUTHORITY BOARD
SUBJECT
Title
Action on a Standard Agreement with the California Highway Patrol for Traffic Management and Law Enforcement Services Related to Levi’s Stadium Events
Report
COUNCIL PILLARS
Deliver and Enhance High Quality Efficient Services and Infrastructure
Ensure Compliance with Measure J and Manage Levi’s Stadium
BACKGROUND
On May 6, 2014, the City Council approved a standard agreement with the California Highway Patrol (CHP) for traffic management and support services provided by the CHP for special events at Levi’s Stadium. CHP duties include traffic management, air operations, SWAT, bicycle patrol, and crowd control. Through the Standard Agreement including the State’s mandatory “General Terms and Conditions” (some of which are inapplicable to the present agreement) the City is required to indemnify and defend the State for claims resulting from injury or damage caused by City employees in connection with CHP’s services. The terms and conditions of the agreement are not negotiable.
The term of the original agreement was July 1, 2014 through June 30, 2016, totaling $1,724,811. When this agreement was initially established, the Police Department estimated 23 events that would require CHP services. On July 14, 2015, the City Council approved Amendment No. 1 to increase the funding of the original agreement by $1,000,000 to $2,724,811 over the same term to address the increase in events over the preliminary projection. The amendment addressed the revised projection of 45 events scheduled during the contract period.
On July 19, 2016, the City Council approved Amendment No. 2 to extend the term of the agreement with CHP for an additional 24 months, retroactive to June 30, 2016 and extending through June 30, 2018. Amendment No. 2 increased the agreement by $1,700,000, for a total not to exceed amount of $4,424,811.
On June 12, 2018, the City Council approved Amendment No. 3 to extend the term of the agreement with CHP from July 1, 2018 through June 30, 2020. Amendment No. 3 added $1,500,000 for a maximum amount not to exceed $5,924,811.
On June 23, 2020, the City Council approved Amendment No. 4 which added $2,500,000 to the agreement, extended the term from July 1, 2020 through June 30, 2022 and adjusted the maximum amount not to exceed $8,424,811.
Most recently, Amendment No. 5 extended the term of the agreement for traffic management and support related services from June 30, 2022 to June 30, 2024 and added $2,875,189 for a total not to exceed amount of $11,300,000. All other terms and conditions remained the same; during this timeframe the Police Department continued to receive the CHP’s annual salary and benefit overtime rate sheet by classification according to the collective bargaining agreement.
The costs associated with the CHP’s services at the Stadium are required to be reimbursed to the City in accordance with Measure J. From July 2014 through March 2024, approximately $9,370,047 in CHP services have been paid and subsequently reimbursed.
A new Standard Agreement with CHP for traffic management and law enforcement services for Levi’s Stadium events with a not to exceed amount of $5,000,000 over a four-year term is being presented to the Council for its approval.
DISCUSSION
Levi’s Stadium has been the host to 185 public events with an attendance of over 20,000 since its opening in August 2014.
As the lead law enforcement agency, the Police Department secures local, State, and Federal resources, as necessary, to implement security measures, and corresponding contingency plans, in anticipation of the events currently planned at Levi’s Stadium. This includes, but is not limited to, mitigating traffic congestion for event patrons and local traffic, providing a safe venue for attendees, performers, and stadium personnel as well as preventing intrusion into neighborhoods while maintaining access to adjacent business properties. The Police Department is also the lead in obtaining the necessary approvals required to enter into agreements with law enforcement partners.
The CHP has been an essential public safety partner in the implementation of the traffic management and event plans for Levi’s Stadium events. Since 2014, CHP has provided vehicles, radios, personnel, and other necessary equipment for traffic management and related support services on Highway 101 and Route 237, which they have jurisdiction over. In addition, CHP is also instrumental in helping the Police Department obtain threat intelligence information.
The number of CHP personnel necessary to implement the plans varies according to the event type, day and time, anticipated attendance, dignitaries present, intelligence gathered, and potential threat(s). The standard agreement requires compensation to be paid according a CHP hourly employee cost (e.g., salary, benefits, overhead, etc.) from their home station to their return to the home station, including mileage.
In Fiscal Year 2023/24, there were 12 NFL events and six non-NFL events. The average CHP cost was approximately $49,576 per NFL event and $48,153 per non-NFL event.
As of the writing of this report, there are 14 events scheduled for Fiscal Year 2024/25 (10 NFL events and four non-NFL events); it is unknown how many additional event(s) may be scheduled over this timeframe. In addition, there are seven significant events scheduled (e.g., Super Bowl LX and FIFA World Cup 2026) for Fiscal Years 2025/26 and 2026/27; a separate Agreement will be crafted to address these events with the CHP and other entities as needed. As written, this new Agreement is for traffic management and law enforcement services over a four-year term from July 1, 2024 to June 30, 2028 with a not to exceed amount of $5,000,000. All other terms and conditions will remain the same, and the City will reimburse CHP based on the agency’s rates, including any rate increases in salary and benefits which are governed by the agency’s respective collective bargaining agreements.
Below is a schedule of upcoming major events at Levi’s Stadium:
|
DAY / DATE |
EVENT |
|
July 2, 2024 |
COPA America - Brazil vs Colombia |
|
July 17, 2024 |
Rolling Stones |
|
July 24, 2024 |
Chelsea FC vs Wrexham AFC |
|
July 27, 2024 |
San Jose Earthquakes vs Chivas Guadalajara |
|
August 18, 2024 |
San Francisco 49ers vs New Orleans Saints |
|
September 9, 2024 |
San Francisco 49ers vs New York Jets |
|
September 29, 2024 |
San Francisco 49ers vs New England Patriots |
|
October 6, 2024 |
San Francisco 49ers vs Arizona Cardinals |
|
October 20, 2024 |
San Francisco 49ers vs Kansas City Chiefs |
|
October 27, 2024 |
San Francisco 49ers vs Dallas Cowboys |
|
November 17, 2024 |
San Francisco 49ers vs Seattle Seahawks |
|
December 8, 2024 |
San Francisco 49ers vs Chicago Bears |
|
December 12, 2024 |
San Francisco 49ers vs Los Angeles Rams |
|
December 30, 2024 |
San Francisco 49ers vs Detroit Lions |
|
February 2026 |
Super Bowl LX* |
|
June 13, 2026 |
FIFA World Cup 2026* |
|
June 16, 2026 |
FIFA World Cup 2026* |
|
June 19, 2026 |
FIFA World Cup 2026* |
|
June 22, 2026 |
FIFA World Cup 2026* |
|
June 25, 2026 |
FIFA World Cup 2026* |
|
July 1, 2026 |
FIFA World Cup 2026* |
* As noted above, a separate agreement with the CHP and other agencies will be drafted to support these events.
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(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
This Standard Agreement with CHP for traffic management and law enforcement services for Levi’s Stadium events is for a not to exceed amount of $5,000,000 over four years, July 1, 2024 - June 30, 2028, to provide necessary traffic management and related support services at the venue. Funding for this agreement has been factored into the Fiscal Year 2024/25 Non-Departmental operating budget appropriation, subject to approval. For future Fiscal Years, funding for this agreement will likewise be subject to the appropriation of funds.
Per Measure J, the City cannot be liable for the obligations of the Stadium Authority, including operating expenses. As such, all public safety services for Levi’s Stadium events provided by or paid for by the City, including specialized traffic management and law enforcement services provided through this Agreement, will be reimbursed to the City by the 49ers and Stadium Authority for their respective events.
COORDINATION
This report was coordinated with the Finance Department and City Attorney’s Office.
RECOMMENDATION
Recommendation
Authorize City Manager to execute the Standard Agreement with the California Highway Patrol for traffic management and law enforcement services for Levi’s Stadium events, in an amount not to exceed $5,000,000 over a four-year term (July 1, 2024 - June 30, 2028).
Staff
Reviewed by: Pat Nikolai, Chief of Police
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Proposed State of California Standard Agreement
2. Exhibit C General Terms and Conditions (GTC 04/2017)