Guest Opinion: The Council Allows 49ers To Act Differently Than Other Santa Clara Businesses and Ignore Laws

By Kirk Vartan

On Jan 26, 2021, I joined the Santa Clara Council meeting to hear the update on the City’s first-of-its-kind Worker Cooperative Initiative. I was excited to hear about the progress, the experts, and share what I was working on with Mission College to further support this effort.

I decided to stay for some of the meeting. It was kinda exciting to sit in once again on local politics as I used to do so often. A seemingly routine consent item regarding “Conflict of Interest” got pulled due to a letter from the 49ers organization asking for a literal last-minute continuance. The request seemed typical of this organization: no warning, no data, no good will, and most of all…no participation or attendance.

After hearing the City Attorney speak about how he made a request for clarification back in May 2020 on this very item that was never answered, with multiple meetings between then and now, I was shocked when I heard Councilmember Kevin Park’s comments. He spoke about how he was not familiar with the issue, wanted to learn more about it, was not aware of issues from the past, etc.

I have known Kevin for over a decade. He was a strong voice in the Citizens Advisory Committee (CAC), I saw him regularly at council meetings, and I have heard him speak intelligently and thoughtfully about council issues. And as a fellow engineer, I respect and understand the methodology he uses to review data and draw conclusions.

I don’t know what happened to the Kevin I knew, but what I witnessed on Tuesday was none of that. 

I heard hair-splitting comments about what he “said” vs “what he was saying” and that he was not familiar with the concern being raised and wanted time to review the information himself. The City Attorney moments before literally shared the relevant information. The City Manager was also sharing the information. And then he said they need to be heard just like other companies like “A Slice of New York” — my restaurant.

That was when I felt compelled to speak during public comment. I stated that I was shocked at Councilmember Park’s comments. Even though he had just heard the City Attorney and City Manager cite specific information, he didn’t see any problem with a continuance request made only 6 minutes before the meeting started. He was ready to give them the benefit of the doubt, implying the request was done in good faith. 

I referenced examples where the 49ers were absent at all Stadium Audit meetings, missing in action at council meetings, showing up with a riotous crowd to tear down the Mayor, basically not attending anything expected, including this meeting. It’s not like they couldn’t attend via Zoom. ANYONE could have attended to represent this item, yet they did not. If A Slice of New York is expected to present or speak about an item, or has an issue with an item, we show up. The 49ers are never apologetic, they continually sue the City multiple times, complain about how mean the council is to them, and spent $3 Million to elect current members.

I attended all the 49er Stadium Audit Committee meetings and recorded every one. When all the concerns were brought up at these meetings and brought back to the council, how many 49er representatives showed up? Zero. None. Never. They provide minimal data (like their mandated Marketing Plan that is basically non-existent or 24 months late).

The 49ers are PARTNERS with the City, yet here is their level of respect and good faith. They want to:

 – Take the youth soccer park

– Cancel the agreement to rebuild soccer parks in the City

– Reduce their rent

– Change the rules of Measure J

– Avoid paying for adequate policing around the stadium and stick the extra costs to Santa Clara

– Funded lawsuits

– Not share financial data with the City

– Bring a mob to City Hall under false pretense

– And most consistently, not show up at relevant meetings even when they are virtual!

An intelligent, data driven engineer should conclude these partners are not displaying good-faith behaviors. Therefore, this most recent request to continue a consent item to an unknown time in the future, when they were asked back in May 2020 for data, is disingenuous and consistent with how the 49ers have been treating the City. It happens to be with the same, smug tone that Councilmember Park used when he addressed the Mayor.

Additionally, this is about Form 700s and conflicts of interest, an area already shown to be fraught with problems since a top executive (Jim Mercurio) had to redo them once questioned. And another top executive (Al Guido) is refusing to turn in his form even though it’s clearly required by law.

So how much more information do you need to determine if this is a good faith, urgent request by the 49ers? The City Manager and City Attorney said they could always amend the policy if evidence shows a reason for it, something the 49ers can do at any time. What is someone in my shoes supposed to think? I see a response that seems to only be rooted in opposition to the Mayor, as if being able to stop the process “just because” is justification enough for this action.

15 comments

  1. Kirk, bravo!
    Thank you and to all the other people who have chimed in on this. Are any of us surprised? Did we all see this coming?
    Now Kevin you have got to come up with some better excuses, come on man, you say your educated… really?
    Teresa O’Neil…. how did you ever lose to this guy?
    Yes, I can still count to 750,000 so I already know how he beat her. I’m just sorry that this guy actually represents me in our City Discussions. Might as well have Jim Mercurio, Al Guido, or Jed himself sit up there and spew their lies.
    Mr. Park $750,000 is a lot of money, even here in Santa Clara Valley, believable lies should not cost that much more.

    Burt Field

  2. Dedicated to all of Jed’s losers in the 2020 3 million $$ election. Bet your’e still embarrassed about that 4th seat. No one else lies like you do, Jed. Spend, Spin, Spend. Break the laws until there’s nothing left to mend. Go, Jed, Go. Very sad.

    When you need to smile
    But you can’t afford it
    Go on point it out
    I’m gonna steal it
    When the floor is more familiar than the ceiling
    I will break in late at night

    Shake up how you’re feeling
    I’ll never stop
    Breaking the law for you
    I’ll never stop
    Helping to pull you through
    Whatever it takes to get what you need
    Ignore the alarm
    Ignore the police
    I’ll never stop
    Breaking the law for you

    When you’re taking steps
    But you need to go faster
    We can speed through streets
    So the shadows can’t catch ya
    When the corridors and all the stairs are making you tired
    I will come for you
    Set the building on fire
    I’ll never stop
    Breaking the law for you
    I’ll never stop
    Helping to pull you through

    Whatever it takes to get what you need
    Ignore the alarm
    Ignore the police
    I’ll never stop
    Breaking the law for you
    I’ll never stop
    Breaking the law for you
    I’ll never stop
    Helping to pull you through

    Whatever it takes to get what you need
    Ignore the alarm
    Ignore the police
    I’ll never stop
    Breaking the law for you

  3. J B Flake spends way to much time concerning himself with Santa Clara. No one cares what this non-resident says or his opinion. Are you a registered lobbyist?

    San Jose is a mess, go give them your wonderful advice.

    I’m sure there’s a program out there that can benefit you greatly.

  4. Thank you, Mr. Vartan for this OpEd about the despicable 49er behavior toward the governance of the City of Santa Clara. This past election made it clear Mr. Jed York wants to run the City of Santa Clara and paid $3 million to do so. Today we have 3 under qualified “elected”, (questionable at best) representatives that do not a clue as to how to govern a very well run city. It disturbs me every time I watch the council meetings to hear nasty comments made about Mayor Gillmor and Council member Watanabe, the disrespect alone is unacceptable behavior. It is painful when City Attorney Doyle and Manager Santana layout in crystal clear detail the issue at hand and give a timeline of events leading up to “make a decision” that it became clear Park was doing the bidding for the 49er political machine. Park’s reasoning for not being “familiar” and willing to continue should not be acceptable to those who “elected” this person to represent their district as well as the entire city. Park, you are doing exactly what you were told to do, being a good soldier, making sure the 49er money will be well spent.

    To, SC resident, FYI, the 49ers sent in 2 bus loads of employees and friends to a council meeting to berate Mayor Gillmor and city council on an issue they were guilty of. Please watch the old (2016-2018) stadium authority meetings to refresh your memory, this meeting could have been one of the last meetings a representative of the 49er organization attended. The 49ers have made it clear they are unwilling to work with the city. So now with great regret this city is run by the San Francisco 49ers, “Yorkville”

  5. Should City Council members who endorsed and indeed campaigned for Measure J be held accountable for the stadium disaster?

    • Yes the council that brought this boondoggle to town should be held accountable:

      Patti/Jamie/Desperate Dom/Kevin/Pat

      Yep.

    • Firstly, thank you to Kirk Vartan for a thoughtful and accurate op-ed. Secondly, J. Byron Fleck needs to remember that Measure J was endorsed, campaigned for, and passed by a majority of people in Santa Clara, only a few of whom happen to be on the city council now. I am more concerned with current city council people like Kevin Park, Suds Jain and Anthony Becker, all of whom were backed by Jed York and all of whom (along with some of the current city council) seem to want to bend or break good busines rules and practices (that SHOULD BE followed) to accommodate 49er owner, Jed York. If J. Byron Fleck was against Measure J when it was first passed, then he should be even more concerned at what is happening now with the current council and their disregard for Santa Clara’s well being.

  6. I’ve had interactions with Kirk before and found him to be someone who is responsible and lives up to his word. How dare the City Council compare his business to the 49ers? The 49ers don’t care about the city, they’re only here because they found a stupid and corrupt city council that would waste taxpayer money to host them. That was an older city council, this one still makes exceptions for them as they bleed the city. Keep up the fight Kirk!

  7. I don’t remember the angry mob at City Hall. Can someone remind me? Seems like something I wouldn’t forget

    • Another description for the mob is the 4 men of the apocalypse + 1. Pretty definitive of Chahal, Hardy, Becker, Park and Jain.

    • SC Resident, I guess you just had to be there. It was about 4 years ago when the 49ers brought in what looked like a couple of bus loads of angry 49er Stadium employees. Speaker after speaker or should I say reader after reader, ripped our City Council, Mayor, City Attorney, City Manager, basically anyone associated with Santa Clara that wanted to hold this one Santa Clara based company accountable.
      Why? Because the City pulled the Management of Levi Stadium away from them… for a lot of very good reasons.
      Sadly most of the speakers seemed to not even understand what they were reading. It was ugly, uncomfortable and very embarrassing for the 49ers. It was obvious to us in the audience, someone else had written their little scrips.
      I’d have to check, but the 49ers also sued the City over this, and unlike their victories in our most recent election, they are still 0-6 (at least) in lawsuits won.
      Hope that helps to fill in a missing piece for you.
      Burt Field

  8. As a citizen in District 4, Kevin Park’s district, though I didn’t vote for him I hoped that he would bring fresh thinking to the Council. Instead he seems to be channeling very old, Jamie Mathews City Council 49ers apparatchik sort of thinking. I hope that this view is incorrect and he turns out to be saner than this early city council meeting might suggest.

    • SE Hinton!! Not sure someone who has DSL has “fresh ideas.” The Jed York $3M acclaimed Scientist (or was Park the Engineer?) should be expected to have new ideas. Sounds more like a dinosaur. You get what you pay for, Jed! LOL!!

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