Niners New Stadium Clears Major Hurdle

The Santa Clara City Council voted early Wednesday to approve the final environmental impact report authorizing the construction of a stadium for the San Francisco 49ers next to the Great America theme park.

The council also decided to place the proposal for the $937 million, 68,500-seat stadium on the June 8, 2010 primary election ballot at a cost of about $152,000.

The 5-2 decision to certify the report was made at about midnight, five hours into a meeting at which the council heard from dozens of speakers on both sides of the issue.

Councilwoman Jamie McLeod and Councilman Will Kennedy disssented. McLeod said the report didn't sufficiently address issues such as traffic, parking, noise and air quality.

"I want to make sure we're fiscally responsible and responsible for mitigating impacts," McLeod said.

The owners of the Great America theme park filed a lawsuit in Santa Clara County Superior Court on Monday related to an agreement of terms for the project between the 49ers and the city.

"They believe that the city should have completed the California Environmental Quality Act process before signing the term sheet or agreeing to term sheet measures," said Deputy City Manager Carol McCarthy.

McCarthy said that the city still had not been served with the lawsuit, filed by Cedar Fair Entertainment.

The city has stressed that the term sheet is non-binding, McCarthy said.