Feb 22, 2013, 4:08 PM EDT
The question of which city, Sacramento or Seattle, is ahead in the race to bring the NBA a brand new arena attached to a shiny new public subsidy is unclear at this time, but sources with intimate knowledge of the situation tell PBT that so long as Sacramento Mayor Kevin Johnson delivers on his promises that Sacramento will be ahead in that process.
A lot of that comes down where each city is legally within that process, and how that process is conducted in both Washington and California.
While some early media reports might have led folks to believe that Chris Hansen’s arena deal (and offer to buy the team) were a slam dunk, the documents laying out the framework of his arena proposal are under siege.
Specifically, the Memorandum of Understanding (MOU) and Interlocal Agreement (IA) he entered into with the city of Seattle and King County have been under intense scrutiny locally, as they are currently the target of two lawsuits. The first of those lawsuits is potentially being decided today at 1:30 PT.
The first suit brought by the International Longshoreman’s Workers Union challenges the site selection process within Washington’s Environment Impact Review (EIR) process, saying that Hansen and the local government conducted a “sham” site review process that did not provide reasonable, actionable alternatives other than Hansen’s hand-picked site.
That site, located in Seattle’s SODO district, has been the battleground of competing arguments regarding traffic and how it might impact Port of Seattle’s operations, and otherwise cause gentrification, loss of business in the area, and impact a large number of family-wage jobs in exchange for temporary construction jobs and a smaller number of low-paying arena jobs.
Arena proponents point out that most of the events at the proposed SODO site would occur after the Port’s business hours. Arena opponents say that the cumulative impact of creating a third large-scale sports and entertainment facility within their maritime industrial area, with an L.A. Live-like experience of retail outlets and restaurants, will necessarily bring more traffic to the region regardless of hour and disrupt Port operations.
These kinds of lawsuits are standard fare in any large-scale development project nationally right now, but they can have impacts on developments. In this case, opponents of the current MOU and EIR process point out that it could take “hundreds of millions of dollars” to mitigate the traffic issues a new arena would face, according to head lawyer for the ILWU suit Peter Goldman.
Hansen has offered $40 million to address traffic mitigation concerns, but in reality the question of who pays what for additional mitigation has yet to be solved because the EIR has yet to address the issue. Should Hansen have to pay for additional mitigation, it could further strap him and his group as it relates to their overall offer for the Kings, but the fear for locals is that the money would have to come from the public coffers.
The ILWU’s suit alleges a number of concerns relating to the site selection process, and asks the court to force Hansen and the local government to declare the MOU and IA “null and void” because they are in violation of the State Environmental Policy Act (SEPA).
It is unclear whether or not this would impact Hansen and the local government’s warranties to the NBA about its current arena situation.
(UPDATE: The judge ruled in favor of Hansen, Seattle, and King county and dismissed the lawsuit. Hansen and governmental officials argued they did not have an arena agreement in place and that they would look at other locations.)
Goldman said that this suit was “preliminary,” and cited the broad swath of industry that is opposing the arena proposal in its current form. He pointed out that there will be more times for lawsuits to be filed down the road, but that he and his client were concerned that the site selection process wasn’t being conducted according to current state laws.
The second lawsuit relates to Seattle’s in-force Initiative 91 and the contention by its co-author Mark Baerwaldt that the current MOU does not meet the law’s criteria.
Baerwaldt is careful to point out that the courts would decide the matter. His complaints focus on the financing mechanisms that Hansen and the local government are using to meet the statute’s definition of turning a profit on public subsidies for sports arenas. This lawsuit is awaiting response from Hansen, Seattle, and King County.
I-91’s other co-author, Chris Van Dyk, has also been at the center of this discussion, being cited by many Seattle media outlets as being supportive of Hansen and Seattle’s MOU. He addressed those reports exclusively with PBT, saying he “never said it was compliant” and that “if he’s the best cheerleader (Hansen and Seattle) can come up with then they’re in trouble.”
Van Dyk also offered that “he’s looking forward to hearing the expert testimony,” because he didn’t think “I-91 anticipated meeting the type of funding mechanism that Hansen has presented.”
Whether or not the Longshoreman’s suit goes in favor of the plaintiff or Hansen and Seattle, Goldman says to expect more legal resistance down the road. If they win, Hansen and Seattle has to start over with their MOU and come to the table with alternative sites that they may not like. Then the city would have to choose between the site that Hansen wants, and a potential site that presents better alternatives in terms of environmental concerns and traffic.
If they lose today, he says that there is a “significant appetite” not just by his clients but a broad swath of industry including the Port of Seattle to appeal the decision and fight the EIR process at every stage. All of the potential delays and injunctions were reflected when David Stern told Jonathan Feigen of the Houston Chronicle that the NBA had “no approved plan for an arena in Seattle.”
Therein lies the rub for the Seattle group. While they seek to convince the BOG that they have an actionable arena plan, they are arguing in court that their MOU and IA just lay out a process for reviewing and financing an arena proposal and do not constitute an ‘action’ under state EIR laws. Therefore, they contend that the Longshoreman’s suit is not “ripe” and are asking for it to be thrown out.
Sources with intimate knowledge of the situation tell PBT that this is a tightrope that the Seattle group can walk, and Scott Howard Cooper of NBA.com illustrated that point by saying the league isn’t overly concerned with legal issues in either Seattle or Sacramento, but the question goes back to points made by TNT’s David Aldridge about which city can get an arena deal done first.
Aldridge, who had previously reported Seattle had a “clear path” to obtaining the Kings, said on Saturday “there are questions about whether or not the Seattle deal is as airtight as they say it is.”
After Stern’s press conference on Saturday Aldridge elaborated, “We have very equal bids here. What it comes down to is the feel the owners have on ownership groups, and which arena can be built the fastest.”
The EIR process in Seattle is underway, but with two lawsuits pending and only the judges in both suits being capable of delivering an up-or-down answer to the litany of issues presented, the uncertainty over what type of delays Seattle could face and what type of mitigation will be needed to preserve other parties’ rights are huge question marks.
On the other side, it’s Johnson’s track record of delivering on promises to the NBA that has insiders optimistic about Sacramento’s chances of delivering that ‘fair and competitive’ offer that will include a significant public subsidy and downtown arena.
That effort has been underway for a while now, as the NBA negotiated the current arena deal that the Maloofs backed out of, a deal that Johnson and Sacramento have maintained is still on the table.
Additionally, proposed arena locations in Sacramento aren’t likely to have the same types of blowback being faced in Seattle, where their sizable maritime industrial economy feels threatened by Hansen’s proposal.
One source with intimate knowledge of the situation speaking to PBT under conditions of anonymity spoke about Sacramento’s pair of proposed locations:
“Both potential Sacramento sites are complimentary to the existing downtown commercial uses, and unlike the fight in Seattle the downtown proposals are being welcomed as a revitalization project. Both are efficient reuses of developed property, and both sites qualify under the expedited state AB 900 CEQA process, which limits the delay from any potential lawsuits. Having already approved a deal structure a year ago with no lawsuits filed, Sacramento has a big advantage to deliver a timely arena facility.”
That AB 900 CEQA process is an interesting wrinkle to Sacramento’s effort to keep their team, as the bill creating that process was recently signed into law and co-authored by Think Big Sacramento supporter and California Senate President pro Tem Dan Steinberg. According to law firm Stoel and Rives:
“The (bill provides) an incentive for applicants to move forward with their projects because any challenge to a leadership project Environmental Impact Report (“EIR”) under the California Environmental Quality Act (“CEQA”) will be venued immediately in the Court of Appeal. The court will then have a maximum of 175 days to issue its decision on the challenged EIR”
Incidentally, the bill was passed in part to help facilitate the potential Farmer’s Field deal to bring NFL football back to L.A. The company driving that proposal is AEG, who is supporting Sacramento’s bid and being pursued for purchase by Ron Burkle, who is one of the ‘whales’ that reportedly stands behind Sacramento’s offer.
“It’s time for big thinking and big projects that put Californians back to work,” said California Governor Brown. “Projects like Farmers Field can create thousands of jobs during a tough economic time, so it is imperative for the state to cut the red tape that could delay projects like this for years. These bills strike the right balance between protecting our environment and kick-starting jobs and investment in California.”
Sources say NBA owners will be weighing the totality of the arena timelines for both sides, and in Seattle’s case how many years a potential Sonics team will have to play at Key Arena, a facility deemed by the NBA to not meet its standards when the Sonics left for Oklahoma City in 2008.
Hansen’s current plan calls for a potential Sonics team to play in Key Arena (with modest improvements) for as little as two years, while arena opponents believe that timeframe could be extended to as many as four years if lawsuits hold up the process. While Sacramento could face similar lawsuits, they didn’t face any during the 2011 arena deal, and the expedited review process and potential for less environmental concerns at the city’s proposed sites have sources pointing at the issue as a point in favor of Kevin Johnson’s expected proposal.
While Seattle’s lawsuits aren’t likely to be the defining factor in this saga – Sacramento’s production of an actionable offer will be that factor –the fact that the Emerald City can’t say with certainly how long they’ll be locked up at Key Arena could be the starting point for their bid to take the Kings to unravel.
May 22, 2013, 1:09 PM EDT
Looks like Kevin Love will not have to do any recruiting after all. After saying before, during and immediately after Team USA won the gold medal in London last summer that he was done as the head coach of the team, Mike Krzyzewski has had a change of heart. Coach K will be back to…
May 22, 2013, 12:55 PM EDT
We said as much in our story telling you Vinny Del Negro was not coming back to the Clippers — this was what Chris Paul wanted. Clippers owner Donald Sterling personally liked Del Negro a lot and was his biggest supporter in the organization, so something had to override that. It was free agent to…
May 22, 2013, 11:54 AM EDT
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May 22, 2013, 11:14 AM EDT
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May 22, 2013, 10:25 AM EDT
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May 22, 2013, 8:45 AM EDT
NEW YORK – Kevin Love and Flip Saunders shared lunch yesterday, as both were headed to the NBA Draft lottery that night. They talk about the same issues that dominate their bi-daily conversations – leadership, expectations, workouts and, as Saunders put it, “more than anything, just about the vision that we have and how we…
May 22, 2013, 8:44 AM EDT
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May 22, 2013, 8:12 AM EDT
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May 22, 2013, 2:57 AM EDT
That was more like what we expected out of this series — close, intense, physical. Well, it was close for the final 17 minutes (just ignore the first 36), but in the end the Spurs got the win and are up 2-0 in the series. Here are three takeaways from this game. • Yes, Tony…
May 22, 2013, 1:32 AM EDT
The Spurs looked every bit as dominant through three quarters of Game 2 against the Grizzlies as they did in completing a rout of their opponent in the first game of the series. Memphis couldn’t score, Tony Parker was carving up the Grizzlies’ defense on the way to a career-high 18 assists, and San Antonio…
Tony Allen flops on flagrant foul from Manu Ginobili that helped Grizzlies force overtime in Game 2 (VIDEO)
May 22, 2013, 12:45 AM EDT
Late in the fourth quarter of Game 2 between the Spurs and the Grizzlies, San Antonio was clinging to a four-point lead with under 30 seconds remaining. Manu Ginobili was double-teamed by Zach Randolph and Tony Allen, and lost the ball to Randolph, who flipped it ahead to Allen for what was sure to be…
May 21, 2013, 11:36 PM EDT
Two years ago, Nick Gilbert made famous his catch phrase – “What’s not to like?” – when his father’s Cavaliers won the NBA Draft lottery with Nick as the team’s on-stage representative. Since, Nick has been asked many times, “What’s not to like?” by interviewers who expect a response without considering that the phrase is…
May 21, 2013, 11:13 PM EDT
NEW YORK – If Mike Krzyzewski is unsure whether to return as USA Basketball’s coach for the 2016 Olympics, would Kevin Love try to convince the Duke coach to return? “Of course,” Love said. Love said he’s been in “constant contact” with Men’s National Team Director Sean Ford about Krzyzewski’s status. “I’ve really enjoyed my…
May 21, 2013, 11:00 PM EDT
That sequence — seven missed shots inside five feet in a row — pretty much sums up the first half for Memphis. Tony Allen has his shot rejected blocked. But he got the ball back then missed a bunny. Zach Randolph came in and missed a tip in (he was 1-of-10 shooting in the first…
May 21, 2013, 9:18 PM EDT
You need some luck if you’re going to build a winner through the lottery (just ask the Thunder). Cleveland has gotten it’s share luck lately. Or, it’s just Karma balancing itself out, if you prefer. For the second time in three years the Cleveland Cavaliers have got the balls to bounce their way and have…
May 21, 2013, 8:08 PM EDT
While the defensive minded teams are left (not so coincidentally) and that has some fans missing the flavor of the day in the NBA playoffs (Curry?), there have been some good plays. So for a little fun, here are the top 10 dunks of the second round of the NBA playoffs as compiled by the…
May 21, 2013, 7:44 PM EDT
UPDATE 7:44 pm: Michael Jordan stepped on stage and made it official. Saying he wanted to “bring the buzz back” to Charlotte, he confirmed that the Bobcats will change their names to the Hornets. The goal is to have that in place by the start of the 2014-15 season (they will play one last season…
May 21, 2013, 6:54 PM EDT
And then there were four… With the NBA down to the final four in the conference finals, today Kay Adams and I talk about the Heat and the Pacers. The central matchup to me is Roy Hibbert and Chris Bosh — how much of a disruptive force can Hibbert be defensively if he is watching…
May 21, 2013, 5:28 PM EDT
Bryan Colangelo is still going to collect a paycheck from the Raptors. But he’s not going to have sway over the basketball side of the operations — and that’s what matters most to Raptors fans. Tim Leiweke, the new CEO of Raptors owner Maple Leaf Sports and Entertainment, confirmed previous reports Tuesday on a conference…
May 21, 2013, 4:51 PM EDT
SEASON RECORDS Indiana 49-33 (Third seed in East) Miami 66-16 (First seed in East) PLAYOFF RECORDS Indiana 8-4 (beat Atlanta 4-2 in the first round, New York 4-2 in the second) Miami: 8-1 (swept Milwaukee in first round 4-0, beat Chicago 4-1 in the second) SEASON SERIES Indiana won the regular season series 2-1 with…
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