seattle arenas

Lawsuits in Seattle give Sacramento head start in race to approve an arena

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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.

Jimmy Butler’s ascent continues into superstardom

NEW YORK, NY - OCTOBER 31:  Jimmy Butler #21 of the Chicago Bulls signals to his teammates against the Brooklyn Nets during the first half at Barclays Center on October 31, 2016 in New York City. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this photograph, User is consenting to the terms and conditions of the Getty Images License Agreement.  (Photo by Michael Reaves/Getty Images)
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Jimmy Butler was in Milwaukee and hundreds of miles from his home of Tomball, Texas. He was trying to fit in with his new Marquette teammates, most of whom he had never met before. He had to change his playing style as he transitioned up a level.

And then it snowed.

“Unbelievable to me,” Butler said. “I don’t know if I was happy or pissed off that it was snowing. I had never seen snow before. I was incredibly cold.

“That was the biggest culture shock of everything. It was hard. But we got through it. We always do.”

He always does.

The Bulls wing called going from junior college to the Big East the most difficult step in his basketball journey. What he’s doing this year, it’s not easy. But Butler has overcome numerous other challenges.

A rough childhood, getting overlooked in recruiting, rising from junior college to top-shelf college basketball, climbing draft boards as a relatively unheralded prospect, carving out a role in the NBA, working his way into stardom.

Now, Butler – the NBA’s Most Improved Player in 2015 – is pushing himself into the NBA’s elite. He’s averaging 26.0 points, 6.7 rebounds an 4.1 assists per game. He ranks third in real plus-minus, sixth in PER and fourth in win shares.

MVP? Another MIP?

Butler dismisses the “individual s—” with a grimace, but he’s taking to his elevated stature.

“I figured, ‘Why can’t I be up there with the best of them?'” Butler said. “And I continue to think that way.”

Butler didn’t always carry such confidence, and he doesn’t have to think far back to remember the days he lacked it. Jerel McNeal, Wesley Mathews, Lazar Hayward, Darius Johnson-Odom and Jae Crowder overshadowed him at Marquette. Derrick Rose, Luol Deng, Joakim Noah and Carlos Boozer once dwarfed his presence on the Bulls.

“I wasn’t always a really good player,” Butler said. “I just worked harder than everybody. I just played harder than everybody.”

Butler developed his skills. He gained fame and fortune.

He just never lost his work ethic.

As he continue to practice and study, he learned how far that could take him. Butler has made the last two All-Star games and last three All-Defensive second teams. Now, he’s recognizing his own potential.

“Your confidence comes from your work,” Butler said.

That confidence is spreading.

Say whatever you want about how he has handled his rise into stardom, Butler continues to rise. He deserves more credit for his jump from star to superstar, maybe one of the most difficult leaps in sports. But his continued evolution has warped expectations.

Bulls teammate Dwyane Wade first noticed Butler at Marquette, their shared alma mater. Could Wade envision then Butler turning into an NBA player?

“That was hard to see,” Wade said.

What about once Butler got into the league? Did his star potential show?

“No, didn’t see that,” Wade said.

Then Butler’s leap to superstardom surely must have also caught Wade off guard, right?

“I won’t say surprise,” Wade said. “He’s playing with the talent he has.

“He’s not doing nothing overcomplicated. He’s not crossing people, making them fall. He’s not jumping over tall people. He’s playing his game. He’s getting to the basket, hitting the mid-range pullup, doing things like that.”

Unfortunately for Butler’s MVP chances, he’s doing it in a year so many other players are posting unworldly numbers. His combination of 26.0 points, 6.7 rebounds an 4.1 assists per game have been matched over a full season just 56 times in the NBA’s 70-year history. Do that in the right year – especially with Butler’s efficiency: shooting 47.2% from the field, 35.1% on 3-pointers and 88.9% on free throws – and Butler walks away with MVP.

But this season, four players – Russell Westbrook, James Harden, Kevin Durant and Butler – are on pace to hit that combination scoring/rebounding/passing combination, which would be a record. To win MVP, Butler must fend off those other three and Chris Paul and Anthony Davis and Kawhi Leonard and LeBron James and…

Still, Butler has a more realistic chance of making history given his humble entry into the NBA. The No. 30 pick in the 2011 draft, he could o become the highest finisher in MVP voting in his lifetime who was drafted so low. The current bar is seventh in MVP voting, done by both No. 35 pick Draymond Green and undrafted Ben Wallace.

Butler could also break records with his sustained improvement.

Several Most Improved Players – Ryan Anderson, Kevin Love, Monta Ellis,* Bobby Simmons, Zach Randolph, Gilbert Arenas, Jermaine O’Neal, Tracy McGrady and Rony Seikaly – received votes for the award after winning it. But none seriously contended for a repeat. The closest was 1990 winner Seikaly, who finished 12th in 1997 – with a single vote.

*Ellis received is the only player to receive MIP votes in multiple seasons after winning it. He won the award in 2007 and then made his way onto the ballot in 2008 and 2010.

Giannis Antetokounmpo has emerged as a strong frontrunner for 2017 Most Improved player, but Butler belongs in the mix.

To cherry-pick one measure among the many that showcases Butler’s improvement, his PER has risen from 21.3 each of the last two season to 27.8 this year. Only Terry Rozier and Giannis Antetokounmpo have made bigger jumps from their previous career-high PER to a new career high this season (minimum: 200 minutes each season):

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Butler’s ascension has invited greater leadership responsibilities, an area that drew immense scrutiny last season.

Chicago traded Rose and watched Noah walk over the summer. Newcomers Dwyane Wade and Rajon Rondo declared the Bulls to be Butler’s team.

The pressure was on, and Butler appears to be delivering.

Chicago coach Fred Hoiberg, who drew public criticism from Butler last year, called him a “great leader.” Butler again asked Hoiberg to coach him harder before this season, and his teammates have noticed.

“Is he hard on himself? Is he hard on guys when they’re not doing what they’re supposed to? Yes. He’s supposed to be hard on them,” Wade said. “But I think he’s as advertised.”

That’s because Butler continues to show his genuineness.

“He has a little different personality,” Wade said. “You come in, and everybody talk about it. He’s in the locker room singing country music and all these songs that most people ain’t used to listening to.”

That’s Butler from Tomball, Texas.

He’s now on an effectively max contract, in commercials and headed toward an even higher level of stardom on the court.

Yet, he remains relentless in his approach.

“I’m about right now,” Butler said. “Every single day, what can I do right now to get better for tomorrow – and that’s not even promised. What can I do right now to finish out the day right?”

Did Draymond Green hit Blake Griffin in the nuts? (video)

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Stephen Curry nutmegged DeAndre Jordan in the Warriors’ win over the Clippers last night.

Did Draymond Green do something similar to Blake Griffin – except with his hand rather than the ball and connecting rather than going between Griffin’s legs?

At first glance, that swipe at the ball didn’t look so sinister.

But then you watch Griffin’s reaction.

And you read about Griffin’s response. Dan Woike of The Orange County Register:

And you consider Green’s reputation.

Really, that’s why we’re addressing this. With another player, it probably gets glossed over. But Green long ago lost the benefit of the doubt.

Whatever happened on that play, Green frustrated Griffin all night. Green had 22 points on 8-of-10 shooting with five rebounds, four assists and two steals and helped hold Griffin to 12 points on 5-of-20 shooting with seven turnovers and four fouls.

Griffin had this nice dunk over Green, featuring some hands to the face:

Otherwise, Griffin was left with a loss and Green’s parting shot.

Report: Rockets will leave Donatas Motiejunas’ offer sheet open

NEW YORK, NY - JANUARY 12:  Donatas Motiejunas #20 of the Houston Rockets and Bojan Bogdanovic #44 of the Brooklyn Nets fight for the loose ball at the Barclays Center on January 12, 2015 in the Brooklyn borough of New York City.The Houston Rockets defeated the Brooklyn Nets 113-99. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and/or using this photograph, user is consenting to the terms and conditions of the Getty Images License Agreement.  (Photo by Elsa/Getty Images)
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Donatas Motiejunas’ agent, B.J. Armstrong, said he knows their rights.

Apparently, so does Houston.

Motiejunas has refused to take a physical with the Rockets since they matched his offer sheet from the Nets. So, Houston will hold him on that offer sheet indefinitely.

Jonathan Feigen of the Houston Chronicle:

Motiejunas can’t sign an offer sheet with another NBA team. He probably can’t even join an overseas team in a FIBA-accredited league, because his NBA holdout will prevent him from getting clearance.

All he can do is submit to a physical or negotiate a new deal with the Rockets.

Motiejunas could undergo a physical anytime between now and March 1. If he passes, he’d join Houston on the terms of his matched offer sheet. If he fails, he’d go to Brooklyn on the original offer-sheet terms (which are $6 million apart).

Motiejunas could also negotiate a new deal with the Rockets. They have immense leverage with his matched offer sheet in place, but perhaps a compromise could be forged. Motiejunas obviously wants a chance at that $6 million, but he’ll have to concede something in exchange. Maybe that’s a later guarantee date on his 2017-18 salary. If both sides agree to a different contract, Houston would withdraw its match, which would make Motiejunas a restricted free agent. Then, the Rockets could re-sign him.

They sure aren’t letting him out of this limbo just to seek a better offer sheet from another team. A new contract must already be agreed upon.

In the meantime, Motiejunas will continue to count toward the Nets’ team salary while the offer sheet is open, which is a nuisance but not hugely disruptive. They have plenty of cap space anyway, and the odds of adding significant salary in a trade are low.

Houston will continue to play without Motiejunas. That’s also not ideal for the Rockets, but they’ve been fine without him so far.

The qualifying offer will expire on March 2, when Motiejunas will no longer be eligible to sign an offer sheet with another team. He’d still be allowed to re-sign with Houston, though. Failing that, he’ll re-enter free agency next summer, when the Rockets could again make him restricted, and we’ll start the process all over again – with the caveat that the Nets can’t sign him for one year after his offer sheet expires.

Maybe something will break before it gets to that point, but Houston and Motiejunas have trudged deeper into this standoff than ever imaginable.

Stephen Curry skips pass between DeAndre Jordan’s legs, gets Zaza Pachulia a layup (video)

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Nicolas Batum wasn’t the only player to bounce a pass through an opponent’s legs last night.

Stephen Curry nutmegged DeAndre Jordan on this sweet assist to Zaza Pachulia.