REPORT TO COUNCIL AND STADIUM AUTHORITY BOARD
SUBJECT
Title
Action on a Public Safety Agreement between City and Stadium Authority
Report
BACKGROUND
Section 5.3 of the Joint Exercise of Powers Agreement Establishing the Santa Clara Stadium Authority, dated February 22, 2011 ("JPA") requires that the City and Stadium Authority enter into a separate agreement entitled the "Public Safety Agreement." The Public Safety Agreement was meant to address provision of public safety services by the City to the Stadium Authority, and the Stadium Authority's payment to the City for such services. It was noted at the Stadium Authority meeting on December 13, 2011, that the Public Safety Agreement would be brought back at a later date for further discussion and possible approval.
DISCUSSION
The proposed Public Safety Agreement does not specifically address the various public safety related tasks to be performed at Stadium events; rather it broadly defines the personnel and services to be provided. To define the actual services provided, the agreement relies upon the terms of the Ground Lease, Stadium Lease, Management Agreement, Public Safety Plan and individual Event Operations Plans, which provide much greater detail as to specific services performed by City personnel (some of which contain public safety sensitive information). Likewise, payment for such services by the Stadium Authority to the City is broadly defined as based upon the terms of the various other, more detailed, agreements. This proposed agreement does require that the Authority indemnify the City and all of its personnel for any claims or other liability arising from performance of public safety services at the Stadium, and to provide insurance coverage for same. The provisions of the Ground Lease were not sufficient to ensure this coverage.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant...
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