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Santa Clara Plays Fair
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Nov. 2 2010 City Council and School Board Elections: |
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- Chris Stampolis - West Valley/Mission College Board Trustee
- Jamie Matthews - Current Santa Clara City Council Member
- City Council Seat 2 (Council members J. McLeod and Will Kennedy endorse M. Nadeem)
- M. Nadeem, Ph.D. - Professor of Business
- Pat Kolstad - Retired Police Sergeant/A founder of the 49ers campaign front group
- City Council Seat 5 (Council members J. McLeod and Will Kennedy endorse T. O'Neill)
- Teresa O'Neill - Businesswoman (HP)
- Patricia Mahan - Current Santa Clara Mayor
- Santa Clara Unified School Board Trustee Area 2 (SCPF endorses Christine Koltermann)
- Christine Koltermann, Ph.D -Geologist/Parent/Businesswoman
- Viola Smith - Santa Clara High School Math Teacher
- Ashish Mangla - Engineer/Parent/Technologist
- Ina Bendis - Incumbent
- Pat Flot - Incumbent
- Anna Strauss - Community Volunteer/Paid 49ers campaign worker (as shown by FPPC filings)
- Santa Clara Unified School Board Trustee Area 3 (SCPF endorses Adela Saadat)
- Adela Saadat - Business owner/Parent
- Andrew Ratermann - Incumbent
- (The incumbent in Santa Clara Unified Trustee Area 1 is running unopposed)
City Budget Deficit:
Santa Clara is currently running a $20 million budget deficit (2009-2010) with another $20 million deficit expected for 2010-2011. General Fund reserves have been used to cover deficits from the previous few years, and cuts were made to compensate for $15 million out of our current $20 million budget deficit. The city council and staff are still grappling with ways to cover the remaining $5 million from last year. Multi-million dollar deficits each year are projected until 2015.
Update on Tasman Substation Move-the giveaway of our electric utility's money to move a substation just to make 380 parking spaces at $52,000 each has started. We will spend $20 million of our electric utility's money at a time when Silicon Valley Power's Cost Reduction Fund is far below where it should be. Our blog has the details: http://www.stadiumfacts.blogspot.com/
What's next for the stadium?
The Stadium Authority will be formed, and the Disposition and Development Agreement (the binding agreement) will be developed. The DDA is supposed to be based on the (non-binding) Term Sheet. The DDA was supposed to be finished in July 2010-no word as to when it will actually be finished, or when Santa Clarans will be able to read it.
Here's the link to Santa Clara's website with stadium information: http://santaclaraca.gov/index.aspx?page=1197
Another $750,000 has been allocated for attorneys and consultants for the stadium project.
The legal and consulting bills continue to mount for Santa Clara's stadium. The total spent on consultants is $1.8 million to the law firm Goldfarb and Lipman LLC's, and $1.6 million to financial adviser Keyster Marston Associates. These bills are paid for from our redevelopment funds.
Information on the stadium from the city's website: "Now that the ballot measure has been approved, there are a number of actions that must occur before construction can begin. Summer 2010: Council considers approval of Joint Powers Authority (JPA) agreement between the City and the City's Redevelopment Agency to form the Stadium Authority (SA). In addition, staff will continue to work with the 49ers to develop all the necessary documents and agreements, including a Disposition and Development Agreement (DDA) and City and Stadium Authority Leases, consistent with the negotiated terms in the Term Sheet. Summer-Fall 2010: Planning Commission considers approval of the PD Zoning District Ordinance and Offsite Parking Ordinance amendments, and Stadium Project entitlements. Fall 2010: Council, the SA, and the Redevelopment Agency will consider several actions related to the proposed stadium:
Council considers approval of the SB 211 amendment, PD Zoning District Ordinance and Offsite Parking Ordinance amendments, Stadium Project entitlements, City/SA Conveyance agreement, and City/SA Ground Lease.
SA considers approval of the Disposition and Development agreement (DDA), the City/SA Lease, the Stadium Lease with the 49ers, Project Management agreement, Public Improvement agreement, and Community Facilities District (CFD) Reimbursement agreement.
Redevelopment Agency considers approval of the DDA.
2011: During this period, the Stadium design will be finalized, construction permits obtained, and the Stadium Financing Plan finalized. The Financing Plan will identify the amount and timing of the various funding sources and demonstrate to the SA's satisfaction that sufficient assets, credit and revenue streams are available to timely fund the stadium construction. January 2012: Anticipated start of construction."
Please check our 'In the News' for a listing of new articles about the stadium, Santa Clara, SCUSD, and related
articles.
http://santaclaraplaysfair.org/index.php/news
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Traffic, Parking, Neighborhoods, and Noise |
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The stadium is 14 acres on a 17-acre site, with parking for only 13% of fans.
The 49ers/Raiders stadium will have 20 NFL games, one per week from mid-August through the end of December, with both the 49ers and the Raiders playing in Santa Clara.
Listen to a Santa Clara Resident on youtube at the May 11, 2010 City Council meeting describe how bad game days will be because of police checkpoints and road closures.
What happens on NFL game days when 68,500 people descend on Santa Clara without a centralized parking location or direct freeway access to the stadium?
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22,000 cars with 68,000 fans searching for parking
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160 Police officers
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31 Police checkpoints
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17 gridlocked intersections with 101 and 237 backed up
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101 and 237 backed up
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4 roads closed
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Neighborhoods cordoned off, residents have to show i.d.
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Tons of tailgating trash and noise
At the May 11, 2010 City Council meeting, a SC resident who lives on Agnew expressed concern about how the stadium will affect him and his family:
1. Agnew Street is a major artery for Rivermark residents getting to the 101 and the Mercado area. That will be greatly impacted on any game day. 2. Agnew Street is a major artery for emergency vehicles moving east or west from one of two fire stations at either end of Agnew. It seems on any given Sunday there are 4 - 6 emergency calls. Movement of these vehicles will be impeded by street closures and other activities. 3. A small, but significant park is directly across from my house. It is heavily used on weekends. This last weekend there were a hundred or more guests at a celebration. On game days none of this could go on because of road closures. 4. While Lafayette Street will have significant police presence to make sure game-goers do not park on local streets, there are no restrictions on Bassett Street which extends parallel with Lafayette from Laurelwood Road to Agnew. It will take 30 seconds for game-goers to get around the police barriers. Such a simple problem should have been detected during your extensive examinations. It makes me wonder what else you have missed. 5. How do friends, family, and other visitors gain access to my house for a Sunday get-together on game days? 6. Due to lack of adequate, near-stadium parking, the San Tomas Aquino Creek Trail is a major, significant city asset built with taxpayer dollars both locally and federally. I use the trail a lot as a safe means of bicycling, especially on weekends. Now, for 20 to 40 Sundays a year, this trail will be impassable for most of the day. (Up to 4 hours before the game, during the game, and a couple of hours after the game.) 7. Based on your parking diagrams, up to 11,500 people will be directed to use the San Tomas Aquino Creek Trail from Agnew Street to the stadium to get to and from the game. This will effectively shut down the trail for other users. 8. Based on your analyses, there could be up to 20-25 major NFL games a year at the stadium (SF and Oakland), at least 2 major college football games, 15 other significant events, and 250 minor events. If true, the San Tomas Aquino Creek Trail will effectively be unusable by local residents every weekend during the year. 9. Getting home from work (on the 101 from the Palo Alto area) will be nearly impossible on nights when there is a game. I have been stuck in traffic nearly 2 hours trying to get to a concert at Shoreline. We exit at the Great America exit, but that will be impassible on game days. 10. Finally, as an affected resident, I feel that I will be trapped in a prison, unable to escape unless I get permission from the police to go home from the grocery store or anywhere else on any given game day. This will prove to be a huge disincentive to local residents.
Watch a video from a debate at Peterson Middle school as CM Will Kennedy and SCEP spokesman Pat Kolstad talk about how bad the traffic will be.
Santa Clara residents near the proposed stadium site are worried. They've sent emails to the City Council stating:
- "I am concerned that the Stadium will make game days for us a living hell. Noise, people, parking in our neighborhood, litter, crime, etc. Most game days are on Sunday and I do not want to be held hostage in my home on weekends because of all of the traffic and congestion that will be created by the 68,000 fans attending the games."
- "Property values will decrease in areas near any stadium, not to mention the noise pollution, environmental pollution, not to mention the decrease in the quality of life in our neighborhood -- the sound of construction going on for the next few years as well."
From a Santa Clara resident who lives near the proposed stadium site (in the SC Weekly):
- "Traffic on all the through streets surrounding this neighborhood will be congested before and after stadium events. These traffic jams will imprison us, preventing us from doing normal weekend activities such as shopping visiting friends, and going to the movies. Police screening will not prevent some of this traffic from cruising our streets."
Traffic Problems
- Unlike Candlestick or the Oakland Coliseum, the Santa Clara site is not right off of a freeway.
- Santa Clara has often lengthy surface street connections between freeways 101, 237, 880, and 280 and the stadium site.
- It is estimated that there will be 20,000+ cars.
- Traffic will cause 'significant impacts' on up to 17 freeway segments for weekday evening events at the stadium ( the EIR says 'significant unavoidable impact').
- From a northside resident as quoted from the SC Weekly, "The Santa Clara section of 101 will become a virtual parking lot on game and event days."
- Our surface streets and freeway exits were not designed to handle 68,500 people arriving/leaving within a few hours.
- The Draft EIR Main Report (Section 4.8.5, starting on page 203) states that traffic on 17 intersections will be degraded to the two worse Levels-of-Service (LOS) on game days (i.e. gridlocked).
- Intersections in Santa Clara, Sunnyvale, San Jose, and Milpitas will deal with gridlocked traffic on NFL game days (a 'significant unavoidable impact').
- The EIR describes possible improvements to these intersections, but notes that improvements will not be made: “The project does not, therefore, propose to implement any of the physical improvements described," (page 204).
- On game days, Santa Clarans on the north side will have difficulty with their normal Sunday routines, such as going to/from church, shopping, or running errands, and having friends/relatives visit.
- Just try getting in/out of the north side of Santa Clara when 68,000 people are coming here for a game or leaving our city after a game.
Source:
Environmental Impact Report Appendix H - Traffic/Parking.
http://santaclaraca.gov/ftp/csc/pdf/49er-stadium-DEIR/AppendixH.pdf
Environmental Impact Report - Main Text
http://santaclaraca.gov/ftp/csc/pdf/49er-stadium-DEIR/49er-Stadium-DEIR-Text.pdf
Road Closures
- Tasman Drive, a major thoroughfare that links Sunnyvale, Santa Clara, and Milpitas, will be closed near the stadium on NFL game days.
- Residents in 95054 will be impacted not only by the closure of Tasman Drive, but by the closure of Agnews Road, and the seven checkpoints on Lafayette Street.
- The closure of roads on NFL game days proves that there are serious problems with the site's ability to handle 68,500 fans descending on the stadium area.
Page 186 of the EIR, Figure 61, shows the road closures and intersection control.
Source:
Environmental Impact Report Appendix H - Traffic/Parking.
http://santaclaraca.gov/ftp/csc/pdf/49er-stadium-DEIR/AppendixH.pdf
Environmental Impact Report - Main Text
http://santaclaraca.gov/ftp/csc/pdf/49er-stadium-DEIR/49er-Stadium-DEIR-Text.pdf
Parking Problems
- The stadium site only provides for 13% of the necessary parking.
- The plan is to get surrounding businesses to sign up to allow fans to park in their business lots.
- After 3 years of stadium studies, there are no contracts in place with surrounding businesses to use their parking lots.
- There are no guarantees that a parking plan dependent upon the owners of private businesses will work for the first year, let alone for 40-60 years.
- In order to show Weeknight games at a reasonable hour for East Coast fans, NFL games will have to start by 5:30 pm. To provide parking for NFL fans, Santa Clara businesses participating in parking arrangements on game days will have to send their employees home starting at 3. Appendix H of the EIR states, "It is assumed that the adjacent office buildings will be vacant on Sundays, but the use of their parking lots by stadium attendees during weekday games will require that the offices be vacated prior to the arrival of stadium attendees."
- How many Santa Clara businesses will want to close early just for football games? How will employers make up for lost productivity and the salaries of workers sent home early?
- For these reasons, the NFL has doubts that Santa Clara will be able to host weeknight football games, as noted in a SF Chronicle article, "weeknight games might be a thing of the past if the 49ers move to Santa Clara," and, 'The EIR said the 49ers indicated that they would "inform the NFL they will forgo weeknight games on their schedule" for any season in which they could not secure enough parking spaces.'
Source:
Environmental Impact Report Appendix H - Traffic/Parking.
http://santaclaraca.gov/ftp/csc/pdf/49er-stadium-DEIR/AppendixH.pdf
Environmental Impact Report - Main Text
http://santaclaraca.gov/ftp/csc/pdf/49er-stadium-DEIR/49er-Stadium-DEIR-Text.pdf
Link: San Francisco Chronicle article:
Neighborhoods near Stadium Cordoned off
- Residential neighborhoods around the stadium will be cordoned off and residents will have to show identification to get to their homes.
- There will be 31 police checkpoints.
- Getting in and out of neighborhoods near the stadium will mean going through police checkpoints. Appendix H of the EIR states that, "An officer will be positioned along with barricades at each of the access points to the neighborhoods."
- How can residents have friends/family visit on game days, go shopping, go to/from church, and run errands? This represents a loss of use of residents' property, and a shattering of the peaceful weekends Santa Clarans now enjoy.
49ers stadium proposal (figure of cordoned off residential areas and 'protected zones'):
http://santaclaraca.gov/ftp/csc/pdf/49ers-20070424-stadium-proposal.pdf
Noise
- Stadium construction will cause significant noise impacts Monday-Saturday for approximately 28 months. 'Adjacent industrial, commercial, and residential land uses would continue to be subject to construction noise levels that substantially exceed ambient median and background noise levels for over two years.' The noise impacts are 'significant and unavoidable'.
- Relocation of electrical equipment from the Tasman substation to the west end of the Silicon Valley Power Northern Receiving Station will result in a significant noise impact. "Noise generated by equipment moved adjacent to residential land uses south of the stadium may exceed Municipal Code noise standards or ambient noise levels, and may result in a substantial permanent increase in background noise levels."
- Noise from stadium events is considered a 'significant impact'. Noise impacts to residential neighborhoods near the stadium will be high, estimated at 65 decibels from the screaming of fans during NFL games.
- There will also be noise impacts from tailgating-radios/stereos, televisions, portable power generators, as well as talking and shouting. Maximum noise levels generated by tailgating and post-game activities range from 65 to 75 decibels, and reach 85 to 89 decibels.
- "The fairly-steady noise generated by tailgating and post-game activities would substantially exceed typical background noise levels by 15 to 21 decibels."
- A 'significant unavoidable impact' in the EIR, Section 8, pg. 340 states: "There will be a substantial increase in ambient noise levels during large stadium events, which are likely to occur up to 46 times per year."
- And Santa Clarans who live near the proposed stadium site have written in to the SC Weekly to say:
- "This neighborhood will be negatively impacted by the noise, traffic, and trash pollution that stadium events will produce."
- "This neighborhood is already plagued with noise from low-flying jetliners from the airport, loudspeakers and fireworks from Great America, and passing freight trains. The north wind carries these sounds over the entire neighborhood. Adding stadium noise to the mix will make outdoor life intolerable, spoiling activities such as trying to talk with a neighbor or having a BBQ with friends."
Source:
Environmental Impact Report Appendix K - Noise
http://santaclaraca.gov/ftp/csc/pdf/49er-stadium-DEIR/AppendixK.pdf
Pollution
- Stadium construction 'will generate regional air pollutants in excess of established thresholds' (EIR, Section 8.0 'Significant Unavoidable Impacts').
- Tailgating will generate tons of trash, and because of the lack of on-site parking, there will be trash in off-site parking lots and neighborhoods.
- From a Santa Clara who lives near the stadium (in the SC Weekly):
- "The San Tomas Aquino Creek Trail passes right alongisde the stadium site. The bridge that connects the parking areas with the stadium site crosses over the creek. Event goers will throw garbage in the creek and disturb plant and wildlife, and they will block locals from using the recreation trail."
Loss of use of Surrounding Facilities.
- The City has not yet considered the effects of a loss of use of surrounding city facilities on NFL game days and for other large events.
- Because of street closures, access to the Youth Soccer Park and the Santa Clara Golf and Tennis club will be closed off on game days.
- The fall Youth Soccer season directly overlaps the NFL season. A couple thousand kids in Santa Clara play soccer each fall-the Soccer Park was built with city funds, and we will lose many weekend days of use of that facility.
- In addition, with construction occurring Monday through Saturday right across the street from the soccer park, and the EIR estimates extremely loud construction noise, we may not be able to use the soccer park on Saturdays during construction either, due to noise and air pollutants.
- Fans can park farther from the stadium in residential neighborhoods and use the walking/bike path to get to the stadium to avoid paying for parking, blocking locals enjoyment of the trail.
- How many conventions will want to book our Convention Center on NFL game weekends, when convention patrons will have to battle traffic and parking problems to attend? Conventions book years in advance, much earlier than the NFL announces its schedule. How many conventions will simply book elsewhere, rather than risk overlapping with a game weekend?
- Great America will have to close on game days. Great America's operators are currently suing Santa Clara because of the stadium project and the Environmental Impact Report. (See the 'Great America Lawsuits' page).
Areal map showing facilities surrounding the proposed stadium site is from the Term Sheet Exhibit 2.
http://santaclaraca.gov/ftp/csc/pdf/49ers-20090601-Exhibit-2.pdf
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Great America has just notified Santa Clara that it wants to renegotiate its lease.
- Because Great America has to close on game days, GA will lose revenue.
- Therefore, GA wants to reduce its rent from $5 million/year to a 'performance based rent', based on its actual revenues.
From the SJ Mercury News April 23, 2010:
"Cedar is demanding that the lease be altered to eliminate the minimum rent and replace it with a performance-based formula that would take into account any negative impact from an NFL stadium, such as being forced to close on game days. The proposed 68,500-seat stadium would be built on a parking lot adjacent to the theme park."
"If the city wishes to change the circumstances of Great America and take a gamble on an NFL stadium, then the city must be prepared to accept some of the risk that the revenues and profitability of Great America will be reduced," Cedar Fair attorney Geoffrey Etnire wrote in the letter."
Great America has filed 2 lawsuits against the City of Santa Clara over the 49ers stadium deal.
The first lawsuit:
- The first was filed Dec. 7, 2009 against the City, and seeks to invalidate Santa Clara's Environmental Impact Report (EIR) process.
- The first lawsuit alleges that the City of Santa Clara and the 49ers improperly entered into an agreement for the stadium project without first certifying the EIR.
- Last summer, Great America's owners sent letters to the City stating that the company was worried about how a NFL stadium would affect the amusement park's business.
The second lawsuit:
- The second was filed April 12, 2010 against the City and the 49ers, stating that the Environmental Impact Report (EIR) on the 49ers Santa Clara stadium project is not adequate and "pays mere lip service" to State of California environmental regulations.
- The second lawsuit alleges that the City' EIR report violated California environmental laws "in a rush to woo the 49ers to Santa Clara."
- In their lawsuit filed in Santa Clara County Superior Court, the owners of Great America, Cedar Fair Entertainment, stated that the EIR review process does not adequately deal with numerous potential problems regarding the stadium project (such as traffic and parking).
- The lawsuit alleges that the Santa Clara city council approved an EIR that did not provide measure to mitigate traffic congestion on game days and the lack of on-site parking for 49ers fans.
- In particular, the lawsuit points out the potential impact on Great America and its patrons. "The project would cause major congestion on roadways near the stadium, including all nearby roadways used by potential visitors to Great America."
- Santa Clara city council majority passed the EIR without a mitigation measures report.
- The lawsuit could cause the city to revisit the environmental review process.
The facts:
- The City is expecting Great America to remain closed on NFL game days.
- The stadium would be built on a parking lot next to Great America.
- The stadium will be 14 acres on a 17 acre site, with parking for only about 3,000 cars out of an expected 17,000-20,000 cars.
- Which means that 68,500 fans will descend on Santa Clara on game days, without a centralized parking location, resulting in gridlocked intersections, road closures, and the cordoning off of residential areas near the stadium.
- See 'Traffic' on our home page.
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The 49ers are owned by Denise DeBartolo York, and husband Dr. John York.
Their son, Jed, is the 49ers CEO.
Denise DeBartolo York took control of the 49ers franchise in 2000, after the 49ers' previous owner, Denise's brother Edward Jr., was convicted on federal bribery charges.
Forbes listed Mrs. DeBartolo York's net worth as $900 million last September 2009. Forbes.com also noted that Mrs. DeBartolo York just narrowly missed being one of the 400 richest people in the United States.
Forbes listed the 49ers team valuation in Sept. 2009 as $875 million, with $71 million of that amount attributed to the value of the 49ers current stadium, Candlestick Park.
Forbes.com stated the reasons why the 49ers want a new stadium:
"The 49ers are in desperate need of a new stadium. Despite playing in a large, wealthy market the
team's stadium revenues at antiquated Candlestick Park are the third lowest in the NFL.
There is no club seating and the team must share luxury suite, ad signage and concession revenues
with the city."
A new stadium would automatically increase the value of the 49ers as a team, as well as allow for higher ticket prices. The Term Sheet specifies that the 49ers would receive all NFL revenue (tickets, advertising, broadcasting) at a stadium in Santa Clara, as well as 1/2 of all non-NFL revenue. In addition, the 49ers would not share club or luxury seating revenue with Santa Clara. Even for non-NFL events, the team would get the additional revenue charged by club or luxury seating.
Links:
Forbes.com Sept. 2009 article on the net worth of Denise DeBartolo York:
http://www.forbes.com/2009/09/29/forbes-400-steve-case-mario-gabelli-sidney-kimmel-rich-list-09-near-miss_slide_6.html
Forbes.com Sept. 2009 article on the 49ers team valuation:
http://www.forbes.com/lists/2009/30/football-values-09_San-Francisco-49ers_307075.html
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SB43 Took Away our Right to Vote |
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The Santa Clara City Charter requires a competitive bid process when public funds are used.
The 49ers don't like this requirement. They want to keep the contractor they've been working with for a few years, but at the same time, they want public dollars.
So the 49ers went to Sacramento to take away our right to vote on whether or not they could bypass our city charter's requirement for competitive bidding.
Here's a July 10, 2010 article by the San Jose Mercury News reporter Karen de Sa about how laws are really made in Sacramento. The 49ers end run around Santa Clara's charter is described:
"The team was frustrated that the city's charter required them to put the contract to build the stadium out for competitive bid. Alquist's bill exempted the stadium from the bid mandate.
Alquist said she came up with the idea herself. That surprised some local officials: "It's hard for me to believe the 49ers didn't go in and ask for this bill," said Santa Clara Councilman William Kennedy, a stadium opponent. What's more, city staff said the team had mentioned during negotiations that it might turn to the Legislature for help.
"I have no idea what the 49ers said to people at City Hall," Alquist said, explaining that she simply wanted to help expedite the process. "I had nothing to do with that."
Whatever the bill's origin, the 49ers became the driving force. The team spent $73,779 on lobbyists who schmoozed the governor and the Legislature on the bill, according to reports filed with the secretary of state. The bill sailed through both houses, although legislative staffers cautioned of "a bad precedent," noting that 125-year-old "competitive bidding requirements exist to prevent favoritism, corruption and waste of public money." "
http://www.mercurynews.com/top-stories/ci_15452125
The Term Sheet signed on June 2, 2009 between the City of Santa Clara and the 49ers promised us 2 votes (Section 6.3):
- The first on the funding for the stadium, and
- The second on whether or not the 49ers could bypass our competitive bid process.
The ink on the Term Sheet wasn't even dry when the 49ers went to State legislators Elaine Alquist and John Torrico to have bill SB43 gutted and re-written just for the 49ers.
At the Oct. 27, 2009 city council meeting in which our city council majority voted to approve SB43 and take away our right to vote, the city manager said that, prior to signing the Term Sheet, the 49ers had mentioned several times in the course of meetings to negotiate the Term Sheet that they wanted to look at a state law to avoid the competitive bid process required by our charter.
Here's clips from the Oct. 27th City Council meeting that shows the taking away of our right to vote.
Also at the Oct. 27, 2009 council meeting, Council member Will Kennedy said that he thought the 49ers did some polling and found out that voters were more likely to vote the stadium down if there were two votes. In fact, in April/May 2009 before the Term Sheet was signed, the 49ers polled Santa Clarans to ask, 'Would you support or oppose allowing the 49ers to bypass Santa Clara's city charter requirement for competitive bidding?' Also at that meeting Council member McLeod noted that we haven't overridden our charter for other businesses before.
Conclusion-the 49ers knew before they signed the Term Sheet on June 2, 2009 that, while they promised in writing to let us vote on a city charter bypass, they intended to take that vote away from us through state legislation. And they did. 46,000 Santa Clara voters were disenfranchised by the 49ers,our state Senator Elaine Aquist, and our city council majority helped them do it with SB43.
The June 30, 2009 version of SB43 shows the gutted original bill together with the re-write solely for the 49ers benefit.
http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sb_43_bill_20090630_amended_asm_v96.pdf
Mayor Mahan and Councilmembers Matthews and Moore went to Sacramento to lobby for SB43 even though they too had promised us two votes. On July 8th and September 9th, 2009, the stadium proponents on our own City Council went to Sacramento and urged State Legislators to pass SB43 - and they gave away our right to vote on our own City Charter.
It was reported that our elected leaders thought two votes would 'confuse' us (San Jose Mercury News).
On July 8, 2009, at the Local Government Assembly Committee meeting in Sacramento,
Those present in support of taking away our right to vote were:
Patricia Mahan, Mayor of the City of Santa Clara
Santa Clara and San Benito Counties Building & Construction Trades Council
San Francisco 49ers http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sb_43_cfa_20090707_151024_asm_comm.html
On Sept., 9, 2009 at the Local Government Senate Committee meeting,
Those present in support of taking away our right to vote were:
San Francisco 49ers
Santa Clara & San Benito Counties Building & Construction Trades Council
Silicon Valley Leadership Group
State Building and Construction Trades Council of California
Santa Clara Mayor Patricia M.Mahan
Santa Clara Vice Mayor Jamie L. Matthews
Santa Clara City Councilmember Kevin Moore
Those present opposed to SB43 (those present who wanted Santa Clarans to have two votes):
Santa Clara City Councilmember Will Kennedy
Santa Clara City Councilmember Jamie McLeod
Members of Santa Clara Plays Fair (in person, and via email/fax and phone calls)
http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sb_43_cfa_20090909_180649_sen_comm.html
So: California's State Government Code now contains a law SB43 which has only a single purpose - To exempt the San Francisco 49ers from Santa Clara's City Charter:
"This bill would authorize the Santa Clara Stadium Authority to let a design-build contract without utilizing a competitive bid process for the stadium construction project,..."
[Emphasis ours.]
The state legislative analyst sounded some warnings about SB43:
The following are excerpts from the Legislative Analysis of SB43:
“The City and team officials believe that the team should get to hire the general contractor of its choice."
“The City Charter and the Community Redevelopment Law both require competitive bidding. SB 43 exempts the Stadium Authority from these competitive bidding requirements. The Committee may wish to consider whether Santa Clara's situation is unique enough to warrant this special exemption. If legislators allow a precedent-setting exemption so that Santa Clara can lure an NFL franchise, how can they say "no" when other communities want their own exemptions to attract professional sport franchises, other big businesses, and attractions? It's a slippery slope.”
“The design-build language in current law is based on a compromise struck in 2000 among local officials, labor groups, and contractors. Local officials wanted the flexibility and potential cost savings offered by design-build contracts. Labor unions wanted to ensure that counties pre-qualify employers to protect workers' interests. Contractors wanted to be sure they had fair access to county contracts.”
“This bill breaches the carefully crafted compromise reached in 2000 between all interested stakeholders by not including any of the language included in every other design-build authorization law. There is not a single cross-reference to existing design-build laws. This bill states that all existing design-build laws are legally inapplicable in this situation. Furthermore, this bill goes another step beyond existing design- build laws and allows the JPA to decide how subcontractors will be hired. According to the author's office, the City and 49ers have already agreed that 80 percent to 85 percent of all subcontracting work will be required to be done with local union labor. The Legislature may wish to consider whether it wishes to diverge from the well-established precedent of the 2000 compromise language.”
Sources:
June 30, 2009 version of SB43 (shows cross outs, bill gutted and re-written to favor the 49ers)
http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sb_43_bill_20090630_amended_asm_v96.pdf
Local Government Assembly Committee meeting:
http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sb_43_cfa_20090707_151024_asm_comm.html
Local Government Senate Committee meeting:
http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sb_43_cfa_20090909_180649_sen_comm.html
Final version of SB43:
http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sb_43_bill_20091011_chaptered.html
Term Sheet (see Section 6.3 - promised us 2 votes)
http://santaclaraca.gov/ftp/csc/pdf/49ers-20090601-Exhibit-5.pdf
SB43 authored by state Senator Elaine Alquist, D-Santa Clara allows the 49ers and the City of Santa Clara more than the ability to bypass the City of Santa Clara Charter in their quest to use a design-build approach to construct a stadium in Santa Clara, CA, for the San Francisco 49ers. SB43 took away the right of Santa Clarans to vote on a change in their city charter AND:
In addition, SB43 made the California Department of Transportation (CalTrans) responsible for many facets, including construction and operation of State highway improvements related to the construction of the San Francisco 49ers stadium in Santa Clara.
SB43 states that: CalTrans expenses “shall be included in the department's capital outlay support program for workload purposes in the annual Budget Act.”
Is it customary for the California State Department of Transportation to be required to pay for highway improvements deemed necessary for the construction and operation of a project such as this?
The citizens of California have the right to know that their tax dollars, which are in such short supply, are being used to make highway improvements necessitated by the building of the 49ers stadium. Why aren’t the 49ers paying for the necessary improvements?
The following are excerpts from the Secretary of State’s Chaptered 330, Statutes of 2009 on October 11, 2009:
“This bill would provide that for state highway improvement projects deemed necessary by the Department of Transportation based on the construction and maintenance of the stadium, the department is the responsible agency for project development services, as specified.”
“ (i) If the construction and operation or maintenance of a stadium as contemplated by this section is deemed by the Department of Transportation under otherwise applicable law to require improvements on the state highway system, all of the following provisions shall apply:”
“(1) Notwithstanding any other provision of this section, for any project on the state highway system deemed necessary by the department due to the construction, operation, or maintenance of the stadium as contemplated by this section, the department is the responsible agency for the performance of project development services, including performance specifications, preliminary engineering, prebid services, the preparation of project reports and environmental documents, project design, and construction inspection services. The department is also the responsible agency for the preparation of documents that may include, but need not be limited to, the size, type, and desired design character of the project, performance specifications covering quality of materials, equipment, and workmanship, preliminary and final plans and specifications, and any other information deemed necessary to design and construct a project that meets the needs of the department.”
“(2) The department may use department employees or consultants to perform these services, consistent with Article XXII of the California Constitution. Department resources, including personnel requirements necessary for the performance of those services, shall be included in the department's capital outlay support program for workload purposes in the annual Budget Act.”
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What have we paid the Consultants? |
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Stadium Spending Update: The legal and consulting bills continue to mount for Santa Clara's stadium. The total spent on consultants is $1.8 million to the law firm Goldfarb and Lipman LLC's, and $1.6 million to financial adviser Keyster Marston Associates. These bills are paid for from our redevelopment funds.
Keyser Marsten studies
- Those studies show that the stadium provides a substantial negative return on investment for the City's General Fund.
- The 49ers campaign cites their own studies (by CSL) over the city's studies (by KMA) because the 49ers studies have inflated numbers that include regional benefits (the region isn't paying for the stadium) and include the 49ers training facility (which has been in Santa Clara since 1988, so does not bring new benefits to the city).
In addition, city staff have spent countless hours of staff time on the stadium project, without an accounting of those hours to the public, even though they were asked to provide an accounting of hours.
And the Measure J election is costing our city another $390,000 in RDA money. City staff estimated that a June 2010 election should cost $190,000, but the 49ers-sponsored initiative was longer than what city staff had planned, hence the election cost was about double the original estimate.
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"Most stadium jobs will be part-time and low wage, the constructions jobs are temporary and fewer than 7% will go to Santa Clarans." (Council Members Will Kennedy and Jamie McLeod)
Even stadium proponents admit the jobs will be low wage and a few days per year (video).
CM Will Kennedy explains why the 'jobs' are Reason Number 4 to Vote No on Measure J (video).
- Most stadium jobs will only be available a few days per year and will not be highly paid.
- The game day jobs aren't new jobs. They are jobs currently at Candlestick. The Candlestick job holders will apply for those jobs if the stadium moves to Santa Clara. They will want to keep their jobs just like the people who worked at Giants games at Candlestick wanted to keep their jobs when the Giants moved to ATT Park in SF.
- Construction jobs will be available, but will only last 31 months.
- The construction jobs are regional. They will occur regardless of whether the stadium is in Santa Clara, San Francisco, or Oakland.
- According to the economic report, 93% of construction jobs will go to non-Santa Clarans. That leaves only 90 construction jobs for Santa Clara residents.
Source: New 49ers Stadium Economic Impact Analysis, CSL (49ers’ consultants)
The SF Examiner analyzed the economic impact of the 49ers on San Francisco's economy and found a minimal impact:
- "During game days, the team employs 1,500 part-time workers to maintain its concessions, take tickets, help with parking and undertake various other tasks. But most of those employees are part of a circuit that regularly works at a number of different concessions "
- "Ian Lewis, research director for Unite Here Local 2, the union that represents concession workers at Candlestick Park, said many of the game-day employees have full-time jobs, or work a string of other concession opportunities, such as openings at AT&T Park. There is a chance that some of the employees would seek work at the 49ers’ stadium in Santa Clara"
- “Certainly, no one is able to pay the rent and sustain a family by working just at Candlestick Park,” said Lewis. “One of the realities of the service sector is that you have to string together a number of employment opportunities to make ends meet. "
- “You’re still going to be seeing shots of Telegraph Hill and Fisherman’s Wharf during breaks in the action,” D’Alessandro said. “San Francisco will still be the main focus, even if the team plays in Santa Clara.”
In addition:
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