REPORT TO COUNCIL
SUBJECT
Title
Action on Proposed Council Policy 053 - Santa Clara Convention Center and Levi’s Stadium Policy for Operational Tours for Designated City/Stadium Authority Officials
Report
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
On October 10, 2022, the Santa Clara County Civil Grand Jury (Grand Jury) transmitted a letter to the City of Santa Clara along with a report entitled “Unsportsmanlike Conduct: Santa Clara City Council”. The Report included discussion of operational tours of Levi’s Stadium and the following recommendation (Recommendation 5a):
The City/Stadium Authority should adopt a policy and outline procedures for elected and appointed officials to conduct operational tours of the Stadium. This document should be published on the City’s website to properly inform the public. This recommendation should be implemented by February 1, 2023.
On December 8, 2022, the City Council/Stadium Authority Board provided the following response regarding Recommendation 5a:
The Council/Board will implement Recommendation 5a because, contrary to Finding 5, no such protocol exists. The Council/Board finds it would benefit from a straightforward policy outlining the appropriate procedures for elected officials to conduct operational tours of all City or Authority assets, including the Stadium. The policy will be widely distributed so that all elected officials are aware of its terms, including any consequence for any violation of the policy. A defined and accessible policy of this nature would serve to reduce the possibility of unfounded accusations and the risk of unequal enforcement.
However, the City/Stadium Authority is unable to implement the Recommendation in the proposed timeframe. The City/Stadium Authority will first consider and review a policy for adoption by July 31, 2023.
Additional time beyond the stated July 31, 2023 deadline was required to allow the new City Manager and City Attorney with sufficient time to familiarize themselves with the issues and existing processes to bring forward the proposed Policy. The proposed Council Policy 053 - Santa Clara Convention Center and Levi’s Stadium Policy for Operational Tours for Designated City/Stadium Authority Officials (Policy) is being presented to the full Council for its consideration and approval.
DISCUSSION
The City of Santa Clara owns the Santa Clara Convention Center (Convention Center) and the Santa Clara Stadium Authority owns Levi’s Stadium. Both public facilities are operated under contracts with third party management companies. Operational tours of these publicly owned facilities will benefit the City Council and Stadium Authority Board in their official roles as the respective governing boards of the Convention Center and Levi’s Stadium.
The proposed Policy establishes clear guidelines and procedures for how such operational tours will be conducted in a manner that is fully compliant with the requirements of the Ralph M. Brown Act (Brown Act), and state and local ethics laws. Below are key components of the proposed Policy.
City and Stadium Authority Officials Covered
The Policy applies only to City officials that are elected to the City Council and concurrently serve as members of the Stadium Authority Board. No other City/Stadium Authority officials or employees shall have access to operational tours of these facilities without the prior written approval of the City Manager/Executive Director or their designee.
Informational Purposes
An operational tour of the Convention Center or Stadium facility may be provided by City/Stadium Authority employees and/or the contracted operator of the Convention Center or Stadium, respectively. Every operational tour will be designed to provide touring City/Stadium Authority officials an opportunity to observe the various operations occurring at or around the facility premises before, during and after an event. Emphasis shall be on providing information that will be useful to the City/Stadium Authority officials in their decision-making capacity.
Special Rules for Operational Tours During Live Ticketed Events
Operational tours conducted during live ticketed events will be subject to the following additional requirements:
1. Tours of areas with seating reserved for ticket holders with or without special access privileges (e.g., exclusive lounges, suites/private boxes, etc.) may occur but should be limited to no more than 30 minutes in any one such area, and no more than one (1) hour total for all such areas for the duration of any tour.
2. Any food or beverage provided and consumed by touring City/Stadium Authority officials other than what is routinely provided to City staff working at events during breaks shall be subject to applicable gift limits and disclosure requirements under state and local law.
3. No City/Stadium Authority official shall attend more than two (2) operational tours held during a live ticketed event within any consecutive twelve (12) month time period.
City/Stadium Authority officials that have purchased or otherwise obtained tickets to an event in a manner consistent with state and local laws may also request an operational tour at such event from the City Manager/Executive Director or their designee. In that case, all of the rules set forth in the Policy shall apply, except that such tour shall not be counted towards the limit on the number of allowed operational tours per 12-month period set forth in Rule Number 3, above, and the official may enjoy the benefits associated with their purchased ticket before or after the operational tour.
City/Stadium Authority officials may invite a guest to attend an operational tour at a live, ticketed event with prior approval from the City Manager/Executive Director or their designee, provided, however, any such guest shall be excluded from access to areas that may pose security risks, and must also abide by the rules set forth in this Policy.
No Gifts
Other than access badges (including access to parking) and printed facility-related informational materials, no other materials, merchandise or gifts shall be offered or accepted during an operational tour.
Reporting
City/Stadium Authority officials attending an operational tour that is subject to the City’s public calendar ordinance (Santa Clara City Code Chapter 2.160 - Calendars of Certain City Officials) shall include the operational tour as a listed and disclosed meeting.
Brown Act Compliance
In order to avoid the creation of a “meeting” for Brown Act purposes, no more than three City/Stadium Authority officials may participate in the same operational tour.
Exemptions
The Policy is not intended to prohibit City/Stadium Authority officials from purchasing a ticket to attend an event, receiving a ticket to attend an event from a third party subject to all applicable state and local laws (including gift limitations), or attending an event that is open and/or generally accessible to the public.
The Policy is also not intended to apply to City/Stadium Authority employees. City/Stadium Authority employees at the Convention Center or Stadium that are attending a live ticketed event as part of their scope of employment, or that are otherwise hired by the City/Stadium Authority or a facility manager to provide operational support services at an event, are not subject to the terms of the Policy. Standard state and local rules regarding gift limits and disclosure requirements would continue to apply to all City employees at an event.
Procedures
The Policy outlines the following procedures for the operational tours:
1. The City Manager/Executive Director or their designee will be the point of contact for City/Stadium Authority officials to request an operational tour of the Convention Center or Stadium.
2. The request should include the following:
a. Preferred date(s) and time(s), if any.
b. Operations that the elected official would like to observe during the tour.
c. Names of other elected officials that may participate in the operational tour, if applicable. No more than three elected officials may participate in the same operational tour.
3. Requests should be submitted to the City Manager/Executive Director or their designee at least fifteen (15) business days in advance of the requested tour date to provide sufficient time to coordinate the tour.
4. The City Manager/Executive Director’s Office will review the request and coordinate with the appropriate City/Stadium Authority employees and/or respective facility operator to schedule the operational tour and determine who will facilitate the tour (City/Stadium Authority employee(s), facility operator, or both).
5. Alternative dates and times may be offered to the City/Stadium Authority official if the preferred date(s) and/or time(s) are not feasible due to business reasons.
6. Once the operational tour has been scheduled, staff or the respective facility operator will send a confirmation email to the elected official with the date and time of the operational tour, instructions on where to meet for the tour, and an agenda outlining the information that will be covered during the tour.
7. Any access badges, brochures, and other informational materials received during the operational tour will be considered transitory documents not subject to the City’s Retention Policy or considered a public record. For security purposes, access badges should be returned to the tour organizer upon exiting the event, or as soon as practicable thereafter.
8. If any non-City/Stadium Authority officials/employees participated in the operational tour, after the conclusion of the tour, City/Stadium Authority officials should include on their public calendars, in accordance with Santa Clara City Code Chapter 2.160, the name(s), title(s), and affiliated organization(s) of all participants in the tour and general statement of the issues discussed during the tour.
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 a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
There is no fiscal impact other than administrative staff time.
COORDINATION
This report was coordinated with the 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
Adopt a Resolution approving Council Policy 053 - Santa Clara Convention Center and Levi’s Stadium Policy for Operational Tours for Designated City/Stadium Authority Officials.
Staff
Prepared by: Christine Jung, Assistant to the City Manager
Approved by: Jōvan D. Grogan, City Manager
ATTACHMENTS
1. Resolution Adopting Council Policy 053 - Santa Clara Convention Center and Levi’s Stadium Policy for Operational Tours for Designated City/Stadium Authority Officials