REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Title
Action on Stadium Authority Bills and Claims for the Month of March 2024
Report
BOARD PILLARS
Enhance Community Engagement and Transparency
Ensure Compliance with Measure J and Manage Levi’s Stadium
BACKGROUND
Disbursements made by the Stadium Authority are based on invoices submitted for payment. Prior to payment, staff reviews all disbursement documents to ensure that the invoiced goods or services have been provided.
The Bills and Claims listing represents the cash disbursements required of normal and usual operations during March 2024. Budget control is set by the Stadium Authority Board through the budget adoption process.
DISCUSSION
Effective August 31, 2022, the Stadium Authority and Forty Niners Stadium Management Company, LLC (Stadium Manager) agreed to the timely payment of Shared Stadium Expenses and other budgeted expenses in accordance with the Annual Stadium Authority Budget, except for buffet expenses invoiced pursuant to Section 4.6.1 of the Stadium Lease. The Stadium Authority maintains the right to confirm and dispute submitted charges. The Stadium Authority may raise questions with respect to any charge at any time before or after a fiscal year-end reconciliation/true-up and the Stadium Manager must assess and respond to such questions in good faith.
At its March 7, 2023 meeting, the Stadium Authority Board adopted the Santa Clara Stadium Authority Fiscal Year 2023-24 Operating, Debt Service, and Capital Budget which runs from April 1, 2023 to March 31, 2024. Significant expenditures (greater than $5,000) paid in March 2024 include:
• Payments totaling $153,522.28 to the City of Santa Clara for the following:
o $33,891.80 for Senior/Youth Fees for NFL Games 10-11
o $119,630.48 for reimbursement of General and Administrative (G&A) City payroll costs (e.g., Executive Director’s Office (City Manager’s Office), Counsel’s Office (City Attorney’s Office), and Treasurer’s Office (Finance Department))
• Payment totaling $802,078.86 to Forty Niners SC Stadium Company, LLC for Community Facilities District (CFD) Advance Payment - Principal & Interest
• Payments totaling $1,034,248.09 to Forty Niners Stadium Management Company, LLC for the following:
o $1,028,264.73 for March 2024 Stadium Manager Expenses, inclusive of Shared Stadium Expenses
o $5,983.36 for various CapEx Projects
• Payment totaling $28,800.00 to Bear Electrical Solutions, Inc. for CapEx Project - Broadcast Booth Power
• Payment totaling $157,998.30 to Blue’s Roofing Co. for CapEx Project - General Areas / Coatings Main Deck
• Payment totaling $12,860.49 to Devcon Construction Inc. for CapEx Project - Aesthetic Improvements - Premium Areas / Special Event Spaces
• Payment totaling $5,009.95 to InTWO, Inc. for Financial Management System Monthly Services (February 2024)
• Payment totaling $89,217.53 to J.S. Held LLC for Audit Services
• Payment totaling $5,640.00 to Wilson, Ihrig & Associates, Inc. for noise monitoring (November 2023 through January 2024).
• Payment totaling $72,629.75 for Legal Services (January & February 2024)
Names of law firms have been redacted from the Bills and Claims report. The Supreme Court of California in Los Angeles County Board of Supervisors v. Superior Court, (2016) 2 Cal.5th 282, held that invoices specifying the amounts billed by a law firm to a client fall within the scope of attorney-client privilege while the matters are active. In accordance with the Supreme Court’s ruling, the names of law firms retained by the Stadium Authority, and the specific amounts billed by each, have been redacted from the public report to maintain the confidentiality of billing records for specific legal services. The aggregate amount spent on legal services in the subject time period has been provided.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to section 15378(b)(4) of Title 14 of the California Code of Regulations 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.
FISCAL IMPACT
The fiscal impact to the Stadium Authority is $2,366,281.20
COORDINATION
This report has been coordinated with the Executive Director and Stadium Authority Counsel’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.
RECOMMENDATION
Recommendation
Approve the list of Stadium Authority Bills and Claims for March 2024.
Staff
Reviewed by: Kenn Lee, Treasurer
Approved by: Jovan D. Grogan, Executive Director
ATTACHMENTS
1. March 2024 SCSA Bills and Claims