5/23/23 Item#8
City Council and
Stadium Authority
Meeting
CITY OF Item #8 (RT#23-680)
Report on Status of Obtaining FIFA World
IA Cup 2026 Documents at Levi's Stadium
1852 and Potential Action on Terms for an
Information Sharing Agreement and
THE MISSION CITY Guiding Principles for FIFA World Cup
2026 Events
May 23, 2023
1 City of
Santa Clara
The Center of What's Possible
Agenda
1. Background
2. Recent Efforts to Obtain World Cup 2026 Documents
3. Staff Document Assessment & Event Preparations
4. Draft Guiding Principles for World Cup 2026 Events
5. Next Steps
This report only discusses World Cup 2026. Staff will provide a separate report on Super Bowl IX. 2 POST MEETING MATERIAL
1 City of
Santa Clara
he Centero was PossibE
Background
City of
Santa Clara
FIFA +
SCSA
Background City of
Santa Clara
The Center of What's Possibla
World Cup 2026
• World Cup is an international soccer competition between men's national teams of FIFA. It is the most widely viewed and followed single sporting event in the world and is held every four years. • In June 2018, Canada, Mexico, and the United States were selected to jointly host World Cup 2026.
• In June 2022, FIFA announced 16 regions that will host World Cup 2026 matches across Canada (2), Mexico (3), and the United States (11). • World Cup 2026 is scheduled to take place from June - July 2026. • Match schedule expected to be announced in late summer/early fall 2023.
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Background City of
Santa Clara
The Center of What's Possible
Host Regions/Cities
• Host Regions/Cities are responsible for providing:
- A stadium for games
- Additional facilities for team training and base camps - Services likely to include:
• Security services for competition locations and other locations • Providing and securing a Fan Fest location
• Host City's duties can be administrated by government agency or local associations formed for such purpose.
• Host Cities' relationship with their respective host venue vary and are unique in nature.
5 Background City of
Santa Clara
The Center of What's Possible
Bay Area Host Committee
• Bay Area Host Committee is signator/designated "Host City" in the Host City Agreement and will serve as the San Francisco Bay Area's official Host City.
• Bay Area Host Committee is a 501(c)(6) non-profit corporation created to bring major, world-class events to the Bay Area that drive economic vitality, community-wide engagement, civic pride and global • Bay Area Host Committee will partner with local jurisdictions to procure services for World Cup 2026 events.
• Bay Area Host Committee provided letter expressing their intent for • their relationship with the City.
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Background City of
Santa Clara
The Center of What's Possible
General Responsibilities
of the Santa Clara Stadium Authority (SCSA)
• Measure J prohibits the expenditure of City funds to cover Stadium- related operational and maintenance expenses.
• SCSA, separate from the City, is financially responsible for Non-NFL events.
• On behalf of SCSA, Stadium Manager manages and operates Levi's Stadium and is responsible for marketing, booking, and executing Non- NFL events such as concerts and Non-NFL sporting events. • City is responsible for planning and providing public safety resources for all major events at Levi's Stadium but is reimbursed for such , services by SCSA for Non-NFL events and the 4gers for NFL games. 7 Background City of
Santa Clara
The Center of What's Possible
Alternative Structure for the
World Cup 2026 at Levi's Stadium
• World Cup 2026 could be operated as a "Non-NFL event" under existing operations structure
--Under this model, SCSA would be financially responsible for costs associated with the overall execution of the event at the Stadium. • Alternatively, World Cup 2026 responsibilities can be assigned and assumed by the Bay Area Host Committee via a negotiated process • Super Bowl 50 and College Football Playoff National Championship Game were planned and implemented in partnership with Bay Area Host Committee. 8 4
Background City of
Santa Clara
The Center of What's Possible
Highlight of Efforts to Obtain
World Cup 2026 Documents
• September and October 2021: Letters sent to Stadium Manager requesting information related to potential and/or known obligations and commitments for SCSA/City associated to Levi's Stadium being a host venue. • December 2022: Interim City Manager and Interim City Attorney requested copies of World Cup 2026 documents from Stadium Manager. • January 2023: City/SCSA received a "confidential" copy of Stadium Agreement.
• February 2023: Interim City Attorney requested additional documents and a meeting to discuss related World Cup event issues.
- April 1gth meeting was scheduled in response to February 2023 request. 9 Background City of
Santa Clara
The Center of What's Possible
Council Direction
• On April 4, 2023, Council considered a Written Petition submitted by Mayor Gillmor requesting an item be placed on a future Council agenda to subpoena and compel the production of a full and complete set of World Cup 2026 documents from the Stadium Manager, Bay Area Host Committee, or other San Francisco Forty Niners entity as appropriate. • Council directed staff to return with a report after an April 1gth meeting with World Cup 2026 event proponents, including status and options to obtain documents needed for the World Cup 2026 event and potential Super Bowl LX.
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5 City of
Santa Clara
The Center of What's Possible
Recent Efforts to Obtain
World Cup 2026 Documents
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City of
Santa Clara
The Center of What's Possible
Initial All Hands Meeting
• April 19, 2023: Meeting with Stadium Manager, Bay Area Host Committee, and FIFA to discuss City/SCSA's request for World Cup 2026 agreements and better understand confidentiality issues related to documents.
• Legal working group formed between City/SCSA, Stadium Manager, and Bay Area Host Committee to address City/SCSA's required access to all documents associated with World Cup 2026 contemplating any City/SCSA obligations; and to address potential confidentiality issues associated with all documents.
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6 City of
Santa Clara
The Center of What's Possible
Consensus Regarding Documents
• General consensus among all parties (City/SCSA, FIFA, Bay Area Host Committee, and Stadium Manager) that City/SCSA is entitled - and will receive access - to all agreements and implementing documents that have impact on City/SCSA revenues, costs and responsibilities related to World Cup 2026 events and activities held at Levi's Stadium and Santa Clara. • Parties also acknowledge that "public records" in the City's possession are subject to disclosure requirements under the CA Public Records Act. • Consensus among staff that some of these documents may contain proprietary or other privileged information (e.g., certain financial information or venue security details) that need to be kept confidential and not shared publicly.
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City of
Santa Clara
The Center of What's Possible
Information Sharing Agreement
• Proposed agreement would balance and address interests. • At a minimum, it will include the following terms:
- Timing/process for obtaining information necessary for City/SCSA to evaluate whether to pursue an event model similar to 2019 College Football Playoff by entering into some type of Assignment and Assumption Agreement, or continue to follow existing SCSA "Non-NFL event" model.
- Timing/process for obtaining information necessary for Santa Clara Police Department to develop an assessment of risk and planning requirements needed to secure necessary public health and safety resources.
- Levels of access and confidentiality for various types of information consistent with framework to categorize World Cup 2026 documents into 3 categories. 14 14
7 City of
Santa Clara
The Center of What's Possible
Category 1:
• Documents to be provided to the City/SCSA with unlimited distribution, including availability to the public.
• Generally, "event related" agreements the Stadium Manager may have executed on behalf of SCSA, or to which City or SCSA are expected to be parties.
• Sample documents include:
- United 2026 Bid (already public)
- Stadium Agreement between Stadium Manager and United States Soccer Federation
- Addendum to Stadium Agreement
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City of
Santa Clara
The Center of What's Possible
Category 1 (cont'd) :
• Stadium Agreement:
- Outlines use and operation of Levi's Stadium for World Cup 2026 events, obligations of the Stadium Manager, FIFA's requirements for Stadium physical improvements, rental fee terms, and FIFA's retention of all related commercial and sponsorship rights to the event.
- Agreement in City/SCSA's possession and being reviewed by all parties for potential redaction of proprietary information.
• Addendum to Stadium Agreement
- Expected to provide details to the existing general terms - Addendum not in City/SCSA's possession but access (if not possession) expected after execution of Information Sharing and Event Cooperation Agreement. 16 16
8 City of
Santa Clara
The Center of What's Possible
Category 2:
• Documents to be available for review by City/SCSA, if not possession, but with limited distribution/access.
• Generally, "event related" agreements with theoretical/potential impacts on City/SCSA responsibilities, revenues, or costs, but to which none of City/SCSA or Stadium Manager are parties.
• Sample documents include:
- Host City Agreement: Document not in City/SCA's possession but access expected after Information Sharing and Event Cooperation Agreement is executed.
- Addendum to Host City Agreement
17 City of
Santa Clara
The Center of What's Possible
Category 3:
• Documents to be identified but not necessarily available for review or distribution.
• Generally, agreements to which City/SCSA/Stadium Manager are not parties and that don't bear directly on City/SCSA responsibilities, revenues, or costs.
• Sample documents include:
- Airport Agreements
- Hotel Agreements
- Training Site Agreements
• Staff will work with Bay Area Host Committee to prepare a i comprehensive list of these documents.
18 City of
Santa Clara
The Center of What's Possible
Staff Document Assessment &
Event Preparations
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City of
Santa Clara
The Center of What's Possible
Initial Document Assessment
• Assessment Ongoing for Received Documents Underway
- Evaluating potential revenues, resource needs, costs and other benefits/impacts for City and SCSA
- Assessment to also include review of elements of risk to City/SCSA, identification of potential use of City facilities, and other areas of City/SCSA interest. • Awaiting authorization and signing of an Information Sharing & Event Cooperation Agreement
• FIFA's assignment of number of matches and round of match play will be an important factor in the assessment.
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10 City of
Santa Clara
The Centerof What's Possible
Staff Event Preparations
• Defining internal organization structure for SCSA and City staff needed for pre-event planning (including management and legal resources) • Active partnership and initial discussions with the Bay Area Host Committee
• Staff reviewing actions plans and post-event reports from Super Bowl 50 and 2019 College Football Playoff National Championship • Public safety evaluating resource needs from Federal and State partners • Initiating outreach to transit and transportation partners • FIFA's assignment of number of matches and round of match play will be an important factor in the assessment
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City of
Santa Clara
The Center of What's Possible
Draft Guiding Principles for
World Cup 2026 Events
SCSA
1852
THE MISSION CIA SANTA CLARA STADIUM AUTHORITY
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11 City of
Santa Clara
Draft Guiding Principles for
World Cup 2026 Events
1. Professionally oversee FIFA World Cup 2026 events in a manner that positively highlights the City of Santa Clara and celebrates the rich diversity of Santa Clara's neighborhoods.
2. Obtain reimbursement of City of Santa Clara event costs (including pre- planning and post-event expenses).
3. Ensure direct benefits to the Santa Clara community and Santa Clara businesses.
4. Plan and provide for communication and engagement with residential neighborhoods adjacent to Levi's Stadium and other venues that will be utilized for large events.
23 Draft Guiding Principles City of
Santa Clara
The Center of What's Possible
5. Ensure specific benefits to and involvement of Santa Clara youth and adult soccer programs.
6. Seek revenue generating utilization of the Santa Clara Convention Center and other event and recreation spaces (including college and school facilities) in the City of Santa Clara without any impact to the General Fund.
7. Seek mitigation of City and Stadium Authority financial risks and liabilities.
8. Engage in transparent communication on pre-planning efforts, with periodic progress reports to the City Council, including reports published on the City's website to promote engagement and awareness for residential neighborhoods adjacent to the Stadium and the City as a whole.
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City of
Santa Clara
The Center of What's Possible
Next Steps
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City of
Santa Clara
The Center of What's Possible
Next Steps
1. Negotiate and execute an Information Sharing and Event Cooperation Agreement, which is expected to provide staff with immediate access to Categories 1 and 2 Documents. Documents will be reviewed for potential impacts to City/SCSA.
2. Evaluate the possibility of entering into an Assignment & Assumption Agreement (or similar agreement) for hosting the World Cup 2026 or hold the games under the existing "Non-NFL event" model.
3. Work with all parties to identify additional necessary documents, including a list of Category 3 Documents.
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13 City of
Santa Clara
The Center of What's Possible
Next Steps
4. Continue to meet with all involved parties on regular basis to stay informed on World Cup 2026 event planning and operations and ensure City/SCSA participation aligns with Council/Board's Guiding Principles.
5. Update will be provided to the Council/Board in Fall 2023 on these efforts after FIFA's anticipated match schedule announcement. 27 27
City of
Santa Clara
The Center of What's Possible
Recommendation
1. Adopt the Santa Clara City Council Guiding Principles for World Cup 2026; and
2. Direct the City Manager/Executive Director and City
Attorney/Stadium Authority Counsel to negotiate and execute an Information Sharing and Event Cooperation Agreement with Bay Area Host Committee, United States Soccer Federation, FIFA, and Forty Niners Stadium Management Company LLC to facilitate the sharing of information on substantially the terms presented, in a final form approved by the City Attorney.
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