City of San Jose et al v. Office of the Commissioner of Baseball et al

Filing 26

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS COMPLAINT re 25 filed by Office of the Commissioner of Baseball, Allan Huber "Bud" Selig. (Attachments: # 1 Exhibit-A, # 2 Exhibit-B, # 3 Exhibit-C, # 4 Exhibit-D, # 5 Exhibit-E, # 6 (Proposed) Order) (Keker, John) (Filed on 8/7/2013) Text modified on 8/7/2013 (fff, COURT STAFF).

EXHIBIT A

RD:TDM:CER
4/30/2009

RES NO 74908

RESOLUTION NO. 74908
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSÉ
EXPRESSING THE DESIRE TO SUPPORT THE A’S IF MAJOR
LEAGUE BASEBALL FAVORS A RELOCATION OF THE A’S TO
SAN JOSÉ AND EXPRESSING A WILLINGNESS TO WORK TO
DEVELOP A MAJOR LEAGUE BASEBALL PARK ON THE SITE
LOCATED AT PARK AVENUE AND AUTUMN/MONTGOMERY
STREETS; ESTABLISHING NEGOTIATING PRINCIPLES FOR
THE DEVELOPMENT OF A MAJOR LEAGUE BASEBALL
STADIUM IN THE DIRIDON AREA OF DOWNTOWN SAN JOSÉ;
AND DIRECTING THE CITY MANAGER TO COMMENCE A
PUBLIC ENGAGEMENT PROGRAM REGARDING A BASEBALL
STADIUM AND OTHER MAJOR PLANNING ACTIVITIES IN THE
DIRIDON AREA

WHEREAS, on April 7, 2009, the City Council and Agency Board directed staff to return
with a resolution indicating the desire of the City of San José to support the A’s if MLB
favors a relocation of the A’s to San José and indicating that the City is willing to
accommodate the A’s on the site at Park Avenue and Autumn/Montgomery Streets
(“Site”); and
WHEREAS, on April 7, 2009, the City Council and Agency Board also directed staff to
assess the steps necessary to prepare the Site for a Major League Baseball stadium for
the A’s and directed staff to prepare an outreach program to neighboring residents and
businesses; and
WHEREAS, staff has developed a set of negotiating principles, as described in the
memorandum from the Executive Director and City Manager dated May 1, 2009, which
consists of the following five (5) principles:
1.

The stadium development must generate a significant economic

benefit to the City of San José and have a positive impact on the City of San José’s
General Fund.
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RES NO 74908

2.

The Major League Baseball team, at no cost to the City of San

José, will be responsible for building the stadium structure and improvements on the
approximate 14-acre designated stadium site.
3.

The Major League Baseball team will be responsible for paying for

all stadium operating costs related to its activities.
4.

The name of the Major League Baseball team must include San José.

5.

If the City or Redevelopment Agency recommend a contribution in

the form of land or a financial contribution for any other ballpark specific items, a vote
by the citizens of San José will be required on the stadium project; and
WHEREAS, staff recommends that City and Agency staff commence a community
engagement process that would facilitate and encourage public dialogue with
neighborhoods and stakeholders, as fully described in the May 1, 2009 memorandum
and consisting of the following four key strategies: (a) individual and small group
meetings; (b) a dedicated web site; (c) the formation of a Diridon Area Good Neighbor
Committee; and (d) formal community meetings.
NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF SAN
JOSÉ:
1.

Expresses the desire to support the A’s if Major League Baseball favors a

relocation of the A’s to San José and expresses a willingness to work to develop a
Major League Baseball stadium on the site located at Park Avenue and Autumn/
Montgomery Streets; and

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Item No.:
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2.

RES NO 74908

Establishes the negotiating principles described above for the

development of a Major League Baseball stadium in the Diridon area of downtown San
José; and
3.

Approves the commencement of a public engagement program regarding

a Major League Baseball stadium and other major planning activities in the Diridon area
as described above.
ADOPTED this 12th of May, 2009, by the following vote:

AYES:

CAMPOS, CHU, HERRERA, KALRA, LICCARDO,
NGUYEN, OLIVERIO, PYLE; REED.

NOES:

NONE.

ABSENT:

CHIRCO, CONSTANT.

DISQUALIFIED:

NONE.
CHUCK REED
Mayor

ATTEST:
LEE PRICE, MMC
City Clerk

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