REPORT TO COUNCIL AND STADIUM AUTHORITY BOARD
SUBJECT
Title
Action on Approval of Amendment No. 5 to the Agreement with the California Highway Patrol
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 may include traffic management, air operations, SWAT, bicycle patrol, and crowd control. The City has agreed to indemnify and defend the State for claims resulting from injury or damage caused by City employees only. 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, Amendment No. 1 increased 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 City Council approved the amendment to address 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 the 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.
The costs associated with the CHP’s services at the Stadium are required to be reimbursed to the City in accordance with Measure J.
DISCUSSION
Levi’s Stadium has been the host to 146 public events with attendance of 20,000+ since the opening in August 2014.
As the lead law enforcement agency, the Police Department secures local, State and Federal resources, as necessary, to mitigate traffic congestion for event patrons and local traffic, provide a safe venue for attendees, performers and stadium personnel as well as prevent intrusion into neighborhoods while maintaining access to adjacent business properties.
The CHP has been an essential public safety partner in the implementation of the traffic plan for Levi’s Stadium. Since 2014, CHP has provided vehicles, radios, personnel and other necessary equipment to provide critical services for 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 traffic plan varies according to the event type, day and time, anticipated attendance, dignitaries present, intelligence gathered and potential threat(s). The number of CHP personnel planned for the 2022/2023 event season has been significantly reduced from passed years. The CHP contract allows for its’ employees to be paid their hourly wage from their home station to their return to the home station, including mileage. In Fiscal Year 2021/22, there were 10 NFL events (between August 14, 2021 through January 2, 2022) and 1 non-NFL event (Coldplay concert on May 15, 2022). The average CHP cost was approximately $99,960 for each NFL event; as of the writing of this report, the billing is not yet complete for the concert.
As written, Amendment No. 5 extends the term of the agreement for traffic management and support related services from June 30, 2022 to June 30, 2024 and adds $2,875,189 for a total not to exceed $11,300,000. All other terms and conditions will remain the same, and the Police Department will continue to receive the CHP’s annual salary and benefit overtime rate sheet by classification according to their collective bargaining agreement.
At the time of this report, the following major events are planned through this calendar year. It is unknown how may additional event(s) may be scheduled this year, and at the writing of this report, the Stadium Authority is aware of only one concert scheduled beyond 2022.
Regardless, the Police Department is responsible to implement security measures, and corresponding contingency plans, in anticipation of the events currently planned at Levi’s Stadium. To accomplish this task, the Department needs to take into consideration the necessary approvals that need to take place with our law enforcement partners.
|
DAY / DATE |
EVENT |
|
Saturday, July 2 |
Concert - Grupo Firme |
|
Friday, July 29 |
Concert - Red Hot Chili Peppers |
|
Friday, August 12 |
49ers vs. Green Bay Packers (pre-season) |
|
Saturday, August 27 |
Concert - The Weeknd |
|
Sunday, September 18 |
49ers vs. Seattle Seahawks |
|
Monday, October 3 |
49ers vs. Los Angeles Rams |
|
Saturday, October 8 |
Concert - Elton John |
|
Sunday, October 9 |
Concert - Elton John |
|
Sunday, October 23 |
49ers vs. Kansas City Chiefs |
|
Sunday, November 13 |
49ers vs. Los Angeles Chargers |
|
Sunday, November 27 |
49ers vs. New Orleans Saints |
|
Sunday, December 4 |
49ers vs. Miami Dolphins |
|
Sunday, December 11 |
49ers vs. Tampa Bay Buccaneers |
|
Sunday, December 24 |
49ers vs. Washington Commanders |
|
TBD, January 7 - 8 |
49ers vs. Arizona Cardinals |
Per Measure J and applicable contracts, all public safety costs associated with Levi’s Stadium, including specialized law enforcement services provided via Agreement, are to be reimbursed to the City by the 49ers and Stadium Authority.
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
Amendment No. 5 adds $2,875,189, for a maximum amount not to exceed $11,300,000, and will allow the CHP to continue to provide necessary traffic management and related support services for Levi’s Stadium. To date, the City has expended a total of $6,787,178 on the CHP agreement.
COORDINATION
This report was 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.
RECOMMENDATION
Recommendation
Authorize the City Manager/Executive Director to execute Amendment No. 5 to the Agreement with the California Highway Patrol in the amount of $2,875,189, for a maximum not to exceed amount of $11,300,000, and extend the term of the agreement to June 30, 2024, for traffic management and support services for special events at Levi’s Stadium.
Staff
Reviewed by: Pat Nikolai, Police Chief
Approved by: Rajeev Batra, City Manager/Executive Director
ATTACHMENTS
1. State of California Standard Agreement and Amendments No. 1, 2, 3 and 4
2. State of California Standard Agreement Amendment No. 5