In today’s Pasadena Star-News, you will read in the editorial section, the paper’s opinion of Measure A, the NFL ballot initiative.  The editorial board is urging a “NO” vote on Measure A.   To read the editorial ahead of the early edition, click on the link below.

From the Pasadena Star-News

Firm `no' to NFL and Measure A

Article launched on website:10/26/2006 05:25:47 PM PDT

To read the complete editorial click on:  http://www.pasadenastarnews.com/opinions/ci_4555594

The “No on Measure A” campaign is in full gear.  Yard signs are sprouting all over the city.  Volunteers are working at a frenzied pace.  Mayor Bill Bogaard, Vice Mayor Steve Madison, Councilmembers Victor Gordo, Steve Haderlein and Sid Tyler are fully supportive and campaigning to defeat Measure A.  Pasadena First PAC Against Measure A mailings have started to land all over the city and will continue to do so up to election day.

More and more Pasadena residents are coming to the same conclusion as the majority of the City Council – that Measure A, the 95-page, binding contract, written with the help of NFL lawyers should be rejected.

Election day is less than 2 weeks away and there is much more work to be done…

If you haven’t ordered a yard sign, we have a few left.  Just email us at info@PasadenaFirst.com and we will deliver one to you (be sure to provide your name, address and phone number.)

If you haven’t sent in a donation, it is very much needed… all of the Pasadena First PAC team are volunteers - we have no paid staff or office space.  This campaign is truly a grass-roots campaign and we have been successful because of the volunteer efforts and the donations received so far.  However, this city-wide campaign is expensive -- our bills have just started coming in and we have a budget deficit to make up in order to complete our planned mailings and voter outreach – and finally defeat Measure A.  You can logon to www.PasadenaFirst.com and click on “Getting Involved” – print out the form (please!) and mail with your check to Pasadena First PAC Against Measure A, P.O. Box 50093, Pasadena, CA 91115.  We thank you, and we thank the other many donors who have been so generous to us with their time and their financial support. 

Finally, and most importantly, please be sure to tell your Pasadena friends, neighbors and family to Vote NO on Measure A on November 7!

October 10, 2006

On November 7, Pasadena voters will be asked whether control of the Rose Bowl should be transferred to the NFL for the billion dollar business of professional football. 

Measure A, the NFL ballot initiative, is almost 100 pages long and is a binding legal contract that would allow the NFL to control the Rose Bowl and the surrounding parkland for up to 55 years. 

Pasadena First is very concerned that professional football would be a disaster for our National Historic Landmark Rose Bowl, for all of the recreational activities in the Arroyo Seco and for nearby neighborhoods.  Pasadena First has formed a committee, Pasadena First PAC, to oppose this ballot initiative and is committed to educating the voters on the issue through the clutter of the November election.

Your ongoing support is critical in this effort because the city-wide campaign against Measure A is expensive, both in time and resources.  The campaign is just starting and there is much more work to be done.  Therefore, we hope you will continue your interest and your support.   

IMPORTANT!

YARD SIGNS:  It would be a tremendous help if you were willing to have a NO ON MEASURE A sign in your yard.  If you are willing, please email info@PasadenaFirst.com and we will deliver one to your home.  Be sure to include your address and phone number and one of our volunteers will contact you.

VOLUNTEERS NEEDED:  If you are willing to volunteer, we could definitely use your help.  In your email indicate your willingness to pitch in.

Thank you!

Please tell your friends and neighbors to Vote NO on Measure A on November 7!

August 11, 2006

At 1:30 p.m. today, the Honorable Judge C. Edward Simpson ruled that “the court will not consider the validity of Measure A prior to the November, 2006 election and will retain jurisdiction in this matter to resolve the issues raised in the petition, post-election.”

Earlier this morning, Judge Simpson heard extensive oral argument on our petition for a writ of mandate ordering the City and County to stop all action in furtherance of putting the NFL Initiative (Measure A) before the voters on the November 7 ballot.  At the conclusion of the hearing, the Judge took the matter under submission.  At 1:30 p.m., after indicating in the morning hearing that he would rule on the merits of our petition, Judge Simpson decided not to rule on the merits of our petition and instead ruled that he will retain jurisdiction of the matter until after the election and then rule at that time. 

This was surprising, in that every other signal from the Judge was that he was going to rule on the merits of the case.   Further, during the July 28^th hearing, Judge Simpson made numerous comments indicating that there is a “strong likelihood that the plaintiffs will prevail” in their lawsuit.   It is the view of Pasadena First that our lawsuit has solid legal grounding and that whether it is today, or November 8, we feel the law is clear and that this initiative is unconstitutional and otherwise legally invalid.

However, as a result of today’s ruling, there will be an election on the NFL Initiative (Measure A) on November 7, 2006.

Related news articles:

August 10, 2006

Tomorrow, Friday, August 11th at 8:30 a.m., our attorney Fred Woocher will be arguing the merits of our lawsuit in Superior Court of the State of California for the County of Los Angeles, Northeast District, the Honorable Edward C. Simpson presiding.  There is a link to a related news article below.

Based on the comments Judge Simpson made at the July 28^th hearing, we are very hopeful that Pasadena First will prevail tomorrow and that the Judge will declare the NFL initiative unconstitutional and otherwise invalid, and take the initiative off of the ballot. 

Our attorney, Fred Woocher was interviewed yesterday on “California Politics Today”, a program of the Online Broadcasting Service, a web news service.  Mr. Woocher has very eloquently outlined Pasadena First’s legal arguments.  You can hear the audio interview by clicking on the link below to listen to him first hand.  Also, there is an audio interview of Pasadena First President, Carolyn Naber that was conducted this morning and there are video interviews of Sue Mossman of Pasadena Heritage, Mayor Bill Bogaard and Councilmember Chris Holden that were conducted last June.  All of the interviews are centered around the NFL ballot initiative (Measure A). 

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From the Pasadena Star-News, August 10, 2006

NFL legal fight nears conclusion

Ruling expected on Pasadena ballot measure

By Gary Scott, Staff Writer

For the complete article click on: http://www.pasadenastarnews.com/news/ci_4160008

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From California Politics Today, Online Broadcasting Service, August 10, 2006

NFL in Pasadena?

By Marc Strassman, Reporter

To hear the interviews, click on: http://etopiamedia.net/empnn/pages/cpt-emnn/cpt-emnn621-5551212.html

Or click on: http://etopiamedia.net/empnn/pages/cpt-emnn/cpt-emnn622-5551212.html

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July 28, 2006

Earlier today, Judge Edward Simpson of the Los Angeles County Superior Court held the hearing on Pasadena First's motion for a preliminary injunction, which asked the Court to issue an order before a trial on the merits requiring the Pasadena City Clerk to take the NFL Initiative off the November ballot.

At the beginning of the hearing, the Judge explained that under California law he must make two findings before he could grant the motion.  First, he needed to find that Pasadena First was likely to prevail on the merits of its case at the time of trial, i.e. that the initiative is unconstitutional and otherwise legally invalid.  Second, that there was irreparable injury to be prevented that outweighed any harm from issuing the injunction.

On the first question, after reviewing all of the briefs and hearing oral argument, Judge Simpson found that there is substantial evidence and legal support to conclude that the plaintiff (Pasadena First) is likely to prevail on the merits at the time of trial.   In fact, Judge Simpson indicated that there is a “strong likelihood that plaintiffs will prevail.”

On the second question, however, the Judge explained that since this was a motion for preliminary injunction, he needed to address the question of harm, unlike a petition for writ of mandate, where he would focus only on the substantive deficiencies of the initiative.  Because he was ruling narrowly on the question of the preliminary injunction, he then concluded that the alleged harm in having the City pay for the election did not outweigh the public's right to vote.

Based upon the Judge's comments, Pasadena First intends to file a petition for writ of mandate next week, having proven once again that the initiative is legally invalid.

June 27, 2006

As reported in the Pasadena Star-News “The Pasadena City Council sent a clear message to member Chris Holden late Monday: You’re on your own.”  (see below for the complete article.) 

At last night’s Pasadena City Council meeting, the Council voted to ask the court for a pre-election review (a decision on the Pasadena First lawsuit in advance of the scheduled November special election) in light of the approximately $200,000 in taxpayer expense to conduct the election.  The motion made by Vice Mayor Steve Madison and seconded by Councilmember Sid Tyler was carried with one abstention. 

The City Council then discussed with the City Attorney the City’s position regarding the NFL Initiative.  The City Attorney confirmed that the City will articulate points 2, 3 and 4 of their outside legal counsel’s memo (from the law firm of Bell, McAndrews & Hiltachk, LLP) as the basis of their plea.  The conclusion of this memo stated “… the NFL initiative contains a number of legal problems that raise grave doubts about its legality…”   To view this memo, click on:

http://www.cityofpasadena.net/councilagendas/2006%20agendas/May_08_06/7B1%20CITY%20ATTORNEY%20MEMO.pdf

In May, according to election law, the City Council placed Measure A on the ballot for a November 7 special election.  (Measure A would read “Shall the ordinance providing for the National Football League renovation of the Rose Bowl Stadium for professional football use and for lease of the Rose Bowl Stadium to the National Football League be adopted?”  YES/NO.)    On June 21, attorneys for Pasadena First filed a motion with the Superior Court of California requesting a preliminary injunction to stop the special election from taking place.

To view the Pasadena First “Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction” click on:

http://www.cityofpasadena.net/councilagendas/2006%20agendas/jun_26_06/7B15.pdf

The following is a news article related to last night’s Pasadena City Council action:

From the Pasadena Star-News

City will not go to mat for NFL

Council majority sides with Pasadena First

By Cortney Fielding Staff Writer

For the complete article click on: http://pasadenastarnews.com/news/ci_3984472

June 23, 2006

News articles related to Pasadena First’s filing of a Motion for Preliminary Injunction to seek to remove the NFL Initiative from the November 7, 2006 ballot:

From the Pasadena Star-News

Suit seeks to bar NFL from ballot

By Gary Scott, Staff Writer

For the complete article click on:  http://pasadenastarnews.com/ci_3970444

From ESPN.com

Pasadena group fighting Rose Bowl NFL effort

Associated Press

For the complete article click on:  http://sports.espn.go.com/nfl/news/story?id=2498498

June 21, 2006

Tomorrow morning, Pasadena First will file a Motion for Preliminary Injunction with the Superior Court of the State of California for the County of Los Angeles.  This motion will seek to remove the NFL Initiative from the ballot and “seeks to prevent the wasteful expenditure of hundreds of thousands of taxpayer dollars for a special election in the City of Pasadena on a blatantly unconstitutional and unenforceable initiative that has been proposed for the November 2006 ballot.” (From the text of the court filing.) 

There is precedent for this type of pre-election challenge, “…That the people’s right to directly legislate through the initiative process is to be respected and cherished does not require the useless expenditure of money and creation of emotional community divisions concerning a measure which is for any reason legally invalid.” Citizens for Responsible Behavior v. Superior Court (1991), a Cal.App.4^th 1013, 1023

The NFL Initiative election date has been set for November 7, 2006.  The cost to the taxpayers of Pasadena for this special election has been estimated at $200,000.00 while at the same time, every indication from the NFL is that the only Los Angeles area sites under consideration are the Los Angeles Coliseum and Anaheim.  Pasadena First has filed this action to avoid a divisive, expensive election over an initiative that is unenforceable. 

The court date has been tentatively scheduled for July 28, 2006.  We will keep you apprised of the progress of this court action.    

On Monday, May 15^th at 6:00 p.m., on T.V. Channel 55, Crown City News interviewed our Pasadena First Board Member Richard McDonald.  Richard talked about the NFL ballot initiative.  Richard is a member of the City of Pasadena Planning Commission and is an attorney and a member of the Pasadena First legal team.  The program will be repeated on Wednesday, May 17^th at 2:30 a.m. and 2:30 p.m., Monday May 22^nd at 6:00 a.m. and then on Channel 3 on Wednesday, May 24^th at 6:30 a.m.

Included in the discussions on the program will be the legality of the NFL Initiative itself and what other alternatives could be considered to bring in economic benefits to the City.

May 9, 2006

On Monday, May 8, 2006, according to State election law, the Pasadena City Council determined a November 7, 2006 election date for the NFL ballot initiative.  Simultaneously, a majority of the City Council including Mayor Bill Bogaard, Vice Mayor Steve Madison, Councilmembers Victor Gordo, Steve Haderlein and Sid Tyler, voted to write the opposition to the NFL Initiative in the voter pamphlets.  

The voter pamphlets will be printed in Spanish (over the objections from Councilmember Joyce Streator) as well as in English.  In the voter pamphlets, there will be a 500-word “impartial analysis” of the initiative.  Sadly, voters will not be provided the entire, 100-page long ballot initiative wording unless the voter specifically requests a copy from the Pasadena City Clerk or takes the time to log-on to the City of Pasadena website to view the initiative.  The cost of the special election will be approximately $150,000 to $200,000 in taxpayer dollars.

To find out more about the NFL Initiative, log on to www.PasadenaFirst.com and to read the NFL Initiative click on: 

http://www.ci.pasadena.ca.us/cityClerk/roseBowl/rosebowl.asp

Pasadena First has filed a lawsuit challenging the legality of the NFL Initiative and is waiting on the Court’s calendar.

In other news, at the May 8^th City Council Meeting, the Council unanimously approved a funding request and a work plan from the Rose Bowl Operating Committee (RBOC) for the Rose Bowl Strategic Plan.  The City will be contributing $250,000 and the Tournament of Roses and UCLA will each contribute $125,000 for a total of $500,000 for this plan, commonly referred to as the No-NFL “Plan B” which was mandated by the majority of the City Council last June, 2005.

For related news, click on the links below.

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From the Pasadena Star-News

Voters will decide fate of NFL bid

By Gary Scott Staff Writer
Pasadena Star-News

For the complete article click on http://pasadenastarnews.com/ci_3800444

From the Pasadena Star-News

Panel OKs renovation to Coliseum

By Rick Orlov Staff Writer
Pasadena Star-News

For the complete article click on http://pasadenastarnews.com/search/ci_3804313

May 8, 2006

An item related to the NFL ballot initiative will be included on the Pasadena Council Agenda on Monday’s meeting, May 8, 2006. The City Council will receive a report from the City Staff which will include responses to questions posed by various City Council members, report on the effect of the proposed NFL Initiative and provide a report from outside legal counsel as to the merits of the lawsuit filed by Pasadena First. For the City Council’s consideration, City Staff will be bringing forward a resolution to place the NFL Initiative on the November 7, 2006, ballot. 

The City Staff reports are available on the City of Pasadena website at www.CityofPasadena.net under “Council Agendas” via “Mayor/Council.”

Included in the City Staff reports is a memo to the City Council from the City Attorney and a memo from the City’s outside legal counsel.  In the conclusion, it states “…although we conclude that the NFL initiative contains a number of legal problems that raise grave doubts about its legality, case law is clear that the City Council has a ministerial duty to place the measure on the ballot.  After placement on the ballot, the City Council or any other party may seek declaratory and injunctive relief to determine whether the measure should be presented to the electorate.”  To see the complete text, click on:

 http://www.cityofpasadena.net/councilagendas/2006%20agendas/May_08_06/7B1%20CITY%20ATTORNEY%20MEMO.pdf

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Also on the May 8^th City Council Agenda, the Rose Bowl Operating Committee (RBOC) will present a request for funding and approval of a work plan for the Rose Bowl Strategic Plan.  This plan, commonly referred to as the No-NFL “Plan B” was mandated by the majority of the City Council last June, 2005.  The report is also available for public review on the City website.

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From the Pasadena Star-News

Review finds flaws in NFL plan

By Gary Scott Staff Writer
Pasadena Star-News

For the complete article click on http://pasadenastarnews.com/ci_3794810

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May 3, 2006

The NFL's L.A. Working Group met in Dallas, Texas on Monday and Tuesday of this week.  Presentations were made by the L.A. Coliseum Commission and Mayor Villaraigosa and by the City of Anaheim and Mayor Curt Pringle.   Governor Schwarzenegger was there as well and took the time to be pictured with the two mayors.

Pasadena’s Councilmember Holden also attended the meeting, trying to convince the NFL to delay making their decision on the Southern California location until after the NFL ballot initiative vote in November.   In today’s Pasadena Star-News (see the link to the article below), Mr. Holden was quoted saying, "We were received very favorably …They didn't ask many questions…We are interpreting that as (meaning) we addressed all the concerns they may have had."

(Hmmm.  The silence in that room must have been deafening.)

The Pasadena Star-News goes on to report that “Like representatives from Los Angeles and Anaheim, Holden talked about stadium plans and discussed details of a proposed lease arrangement. Holden also walked the committee through the finer points of California election law.”  

(Hmmm.  The Pasadena First lawsuit text reads, "The NFL Initiative is blatantly unconstitutional and invalid, violating at least five separate, fundamental precepts of initiative law.")

There are several news reports on the NFL meeting in Dallas.  See links to articles from the L.A. Times, L.A. Daily News and the Pasadena Star-News below. 

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From the Pasadena Star-News

Holden woos NFL owners

Pasadena pitch details plans for Rose Bowl

By Gary Scott Staff Writer
Pasadena Star-News

For the complete article click on http://pasadenastarnews.com/news/ci_3778142

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From the Los Angeles Times

Governor, Mayors Make Pitch

Coliseum and Anaheim backers say it's possible for NFL team to thrive in area, without public funds.

By Alan Abrahamson
Times Staff Writer

For the complete article click on http://www.latimes.com/sports/la-sp-nfl3may03,1,4375802.story?coll=la-headlines-sports

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From the LA Daily News

NFL tells Arnold 1 team's enough
BY BILLY WITZ, Staff Writer
LA Daily News

For the complete article click on http://www2.dailynews.com/news/ci_3777786

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