The Costs in 49ers Measure J

What were the Costs to Santa Clara and its Agencies Listed on the 49ers Stadium Ballot Measure J?


Here are the links to the June 8, 2010 ballot question and ballot measure known as 49ers 'Measure J.

 

Here's the 49ers Measure J ballot question:

http://santaclaraca.gov/ftp/csc/pdf/49ers-20100209-ballot-questions.pdf

Here's the 49ers Measure J ballot initiative:

http://santaclaraca.gov/ftp/CSC/PDF/49ers-20100119-Voter-Initiative.pdf

 

Here are the stadium costs listed in the ballot question:

There are no costs listed, but it does say that Redevelopment Agency funds will be capped.

 

Here are the stadium costs listed in the 49ers Measure J ballot initiative:

1) Redevelopment agency funds of $40 million (Section 17.20.020 h)

2) Hotel tax to raise $35 million (Section 17.20.020 i)

3) That's it!  The existence of the Stadium Authority is mentioned (Section 17.20.020 a), but there's no mention of any dollar amount for Santa Clara's Stadium Authority or loans for which the Stadium Authority would be responsible.

 

Here are the stadium costs listed in the Term Sheet text which was appended 'for informational purposes only' to the 49ers Measure J ballot measure:

1) Redevelopment agency funds of $40 million (Section 7.4)

2) Hotel tax to raise $35 million (Section 7.5)

3) That's it! No mention of loans to be taken out by the Stadium Authority or any dollar amount for which the Stadium Authority would be responsible.

4) Not appended with the Term Sheet text was the Term Sheet table of costs (Exhibit 14), which did list $330 million to be raised by the Stadium Authority.  The table of costs was kept off of the ballot.


Here are the stadium costs listed in the Santa Clara City Attorneys 'impartial' analysis:

1) Redevelopment agency funds of $40 million

2) Hotel tax to raise $35 million

3) That's it!  No mention of loans to be taken out by the Stadium Authority or any dollar amount for which the Stadium Authority would be responsible.

 

Because the 49ers Measure J ballot measure did not disclose the costs listed in Term Sheet Exhibit 14 (table of costs),  a Santa Clara resident took the city to court to try to force the ballot measure to contain the Stadium Authority debt listed in the Term Sheet Exhibit 14 ($330 million).

April 4, 2010  Santa Clara County Superior Court Case No. 1-10-CV-166465 and 1-10-CV-167697


Santa Clara's interim city attorney argued before the court that state law does not require city-wide ballot measures to disclose costs.  The court transcript shows that she said:

Pg. 15 "There is no requirement in the law that in writing the impartial analysis the city attorney include a physical* analysis."  "The legislature clearly knows how to require that kind of analysis, if they want.  It did not require city attorney to include a fiscal analysis in the impartial statement impartial analysis. That's one reason we shouldn't include."

*(note, the court reporter mistyped 'fiscal' as 'physical')


Attorneys paid by the 49ers Measure J campaign also argued in a court brief that there is no requirement for the Stadium Authority to provide any amount of money for stadium construction, and that the numbers appear 'to have been plucked out of thing air' when in fact those numbers come from Term Sheet Exhibit 14:


Pg 12 "There is nothing in the Term Sheet that requires the Stadium Authority to provide $330 million (or any other amount) for stadium construction."

"Petitioner refers to a $114 million "direct subsidy" by the City for the stadium.  She says that this figure should appear in the City Attorney's analysis.  That figure appears to have been plucked out of thin air."

"There is no reference in the Term Sheet to a $17 million parking garage (or any parking garage, for that matter."

They also denied the $20 million that is being spent to move an electric substation.

This legal document (Memorandum of Points and Authorities in Opposition to Petition for Writ of Mandate) was filed by attorneys for the 49ers Measure J stadium campaign Santa Clarans for Economic Progress (Yes on Measure J group funded almost entirely by the 49ers).

 


 
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