REPORT TO COUNCIL
SUBJECT
Title
Action on Amendment No. 1 to the Agreement for the Performance of Services with Wilson, Ihrig & Associates for Noise Monitoring Services at Vantage CA2 Data Center and Owens Corning Facility and Related Budget Amendment
Report
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
The City has received multiple complaints from residents regarding an intermittent noise issue commonly occurring during the nighttime within their neighborhoods. While the source of this noise disturbance has not been substantiated, the complaining parties have suggested that it is possibly associated with operations at the Vantage CA2 Data Center and/or the Owens Corning facility operating in Santa Clara. As an initial effort to determine the source of the noise, the City entered into an agreement with Wilson, Ihrig & Associates (Consultant) with a scope to explore the noise source for a two-week period at a cost of $10,000. This initial contract was completed in June of this year. During the 2-week time-period the consultant was not able to document any noise issues that exceed City standards. The City also did not receive any complaints during the time-period that the consultant was monitoring.
DISCUSSION
At the conclusion of the initial two-week monitoring, the Consultant recommended additional, focused monitoring and reporting with the intent to find the specific noise source, if any, and to develop recommendations to address the condition as appropriate. The proposed contract would provide for 4 months of monitoring with equipment installed at five locations, two in proximity to the potential noise sources and three within neighborhood areas. The consultant will also provide analysis of the noise data and monthly reports to City staff. The cost of the additional focused monitoring is $76,600 and is proposed as part of Amendment No. 1 to the existing agreement.
Sole source procurement is justified in this case as the consultant is already engaged with the City in noise monitoring issues and has conducted a significant amount of preliminary analysis that would need to be repeated if the City were to seek other potential consultants to conduct the work.
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. 1 increases the not to exceed amount of the Agreement by $76,600 for a total of $86,600. The funding for the original agreement utilized salary savings within the Code Enforcement program of the Community Development Department. Use of the General Fund Land Sale Reserve is recommended to fund the one-time additional cost of $76,600 for Amendment No. 1 as detailed below.
Budget Amendment
FY 2021/22
|
|
Current |
Increase/ (Decrease) |
Revised |
|
General Fund |
|
|
|
|
|
|
|
|
|
Use of Funds |
|
|
|
|
Community Development Department |
$6,070,207 |
$76,600 |
$6,146,807 |
|
|
|
|
|
|
Land Sale Reserve |
$23,381,324 |
($76,600) |
$23,304,724 |
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>.
RECOMMENDATION
Recommendation
1. Authorize the City Manager to execute Amendment No. 1 with Wilson, Ihrig & Associates to expand the Scope of Services, and increase maximum compensation by $76,600 for a total not to exceed amount of $86,600; and
2. Consistent with City Charter Section 1305, “At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least five members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget,” approve the related FY 2021/22 budget amendment in the General Fund to increase the Community Development Department appropriation by $76,600 and decrease the Land Sale Reserve by $76,600. (five affirmative Council votes required for the use of unused balances).
Staff
Reviewed by: Andrew Crabtree, Director, Community Development Department
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Amendment No. 1 to the Agreement with Wilson, Ihrig & Associates
2. Original Agreement with Wilson, Ihrig & Associates