REPORT TO COUNCIL
SUBJECT
Title
Action on Introduction of an Ordinance Prohibiting Certain Activities within a Protected Area (Clean Zone) in Connection with the 2019 College Football Playoff National Championship Game
Report
BACKGROUND
As announced in November 2015, Levi's Stadium will host the College Football Playoff (CFP) National Championship Game on January 7, 2019. CFP events in both Santa Clara and San Jose will begin January 4, culminating with the game at Levi's Stadium.
Effective as of October 23, 2016, Forty Niners Stadium Management Company, LLC (ManCo) entered into the CFP National Championship Game Agreement as the Host Committee. The Forty Niners Football Company LLC (Forty Niners) incorporated the Bay Area Host Committee (BAHC) in January 2018 to take on the rights and obligations of the Host Committee.
On July 17, 2018, the Santa Clara Stadium Authority Board approved the Assignment and Assumption Agreement to grant, transfer, convey and assign to the Bay Area Host Committee all of Forty Niners Stadium Management Company, LLC’s rights, title and interest in and to the CFP National Championship Game Agreement.
Under the CFP National Championship Game Agreement, BAHC agreed to establish a protected area prohibiting certain activities within an area defined by approximately a one mile radius surrounding Levi's® Stadium ("Clean Zone"). The attached Ordinance establishes the temporary Clean Zone and stipulates that certain activities will be restricted or prohibited during the period beginning at 6:00 a.m. December 31, 2018, through and until 6:00 p.m. January 8, 2019. This Ordinance is specific to the 2019 CFP National Championship and will not be codified. The map attached to this Ordinance shows the boundary of the Clean Zone.
DISCUSSION
The Santa Clara Municipal Code already prohibits many of the Clean Zone obligations required in the CFP National Championship Game Agreement, such as unauthorized signage or banners, or transacting commercial business on public streets, sidewalks or public rights of way. In addition to all other activities prohibited by City Code, state or federal laws, the following activities shall be regulated in the Clean Zone as follows:
A. The outdoor sale of any food or beverages to the public visible from any public street, sidewalk or public rights of way shall be prohibited, including alcoholic beverages, except food or beverages sold or distributed in the ordinary course of business at a location for which a Certificate of Occupancy or Conditional Use Permit has been issued by the City.
B. The outdoor sale or distribution of merchandise to the public visible from any public street, sidewalk or public right of way shall be prohibited, except merchandise sold or distributed in the ordinary course of business at a location for which a Certificate of Occupancy or Conditional Use Permit has been issued by the City.
C. Vending from any "mobile unit," which includes any vehicle, truck, trailer, push cart, wagon, bicycle, dray, conveyance or structure on wheels, not firmly fixed to a permanent foundation, which is not required to have a license to operate issued by the California Department of Motor Vehicles, is prohibited.
D. The sale or distribution of unauthorized or illegal, non-licensed merchandise is prohibited.
E. No temporary structure shall be constructed, placed, occupied or used unless previously approved with a permit issued by the City.
F. The distribution or provision of free products, service or coupons and other promotional giveaways on public streets, sidewalks or rights of way or outside an enclosed building is prohibited.
Note that the City shall establish areas in or around the Clean Zone that allow for the reasonable expression of non-commercial speech and expressive conduct by the public in a manner that shall not be disruptive to the surrounding businesses, activities and events.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of a California Environmental Quality Act (“CEQA”) pursuant to the 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 related to this report except for staff time transmitting the information.
COORDINATION
This report has been 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.
ALTERNATIVES
1. Introduce an Ordinance Prohibiting Certain Activities within a Protected Area (Clean Zone) in Connection with the 2019 College Football Playoff National Championship Game.
2. Do not introduce an Ordinance Prohibiting Certain Activities within a Protected Area (Clean Zone) in Connection with the 2019 College Football Playoff National Championship Game.
3. Any other Council direction.
RECOMMENDATION
Recommendation
Alternative 1:
Introduce an Ordinance Prohibiting Certain Activities within a Protected Area (Clean Zone) in Connection with the 2019 College Football Playoff National Championship Game.
Staff
Reviewed by: Walter C. Rossmann, Chief Operating Officer
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Ordinance