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Coliseum City: New Oakland Proposal To NFL, Raiders Is Unconstitutional

Coliseum City: New Oakland Proposal To NFL, Raiders Is Unconstitutional - Video

It pains me to have to repeat something that I have informed the people involved in representing the City Of Oakland in the matter of building a stadium for the Oakland Raiders, but the new proposal that consultant Mitchell Sweitz is going to present to the City and the Raiders and the NFL is unconstitutional. And it is for the same set of reasons that doomed Floyd Kephart's deal: the use of Mello Roos Financing or something like it that forms a taxing district. The idea with Mello Roos Financing is that property owners in a set part of a city in California can work with the City Council to draw boundaries and tax themselves. This has been standard practice for years until 2014. Then, the case of City of San Diego vs Shapiro - 228 Cal.App.4th 256 (Shapiro) hit the California Appellate Court. In Shapiro, hotel property owners wanted to tax themselves to pay for the expansion of the San Diego Convention Center for Comic Con. But the challenge issued in Shapiro says that both the California Constitution and Proposition 218 prohibit a tax district which includes as so called voters property owners who are not registered voters in that City. Thus, the entire City of San Diego would have to vote on the proposed tax and not the hotel owners. That same fate awaits the newest Coliseum City proposal that has a taxing district in it. I have told the Mayor this and a number of people but now I have to repeat it. We need to just drop housing from the Coliseum City Plan - and that will reduce the high infrastructure cost down to manageable levels. It's reasons like that one that I created my plan, the one requested by Mark Davis, with a large sports themed 1,000 room hotel as an anchor rather than housing. It pencils out and is legally safe. A better Coliseum City proposal. Otherwise Oaklanders would have to be able to vote on the Coliseum City plan and that is a losing proposition to say the least. Stay tuned.
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