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.

Steven Adams gets his revenge, dunks all over Draymond Green (VIDEO)

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That’s a piece of revenge.

Draymond Green twice kicked Steven Adams in the nether regions this series, but with the chance to close out the Warriors in Game 6 Adams got some revenge — he put Green in a poster and dunked all over him.

This came as part of a second quarter run when the Thunder stretched the lead out to double digits.

Jordan Clarkson says he wants to return to Lakers, play for Luke Walton

TORONTO, ON - FEBRUARY 13: Jordan Clarkson of the Los Angeles Lakers is introduced for the Taco Bell Skills Challenge during NBA All-Star Weekend 2016 at Air Canada Centre on February 13, 2016 in Toronto, Canada. 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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Lakers guard Jordan Clarkson is a restricted free agent, and he is the kind of quality rotation player that teams with cash to burn may well try to poach. The Lakers have the right to match and likely will unless the offer is way over the top. But make no mistake, Clarkson will go with the team that offers him the most money.

That’s July, right now Clarkson is saying the right things about wanting to stay with the Lakers and play for new coach Luke Walton.

Clarkson was interviewed by Chris McGee of Time Warner Cable, as reported by lakersnation.com.

I want to stay in LA….I don’t really look at it as me being a free agent; I want to be here…

He (Luke) called me a few days after he got hired. We talked about the offensive system, what he sees in us young guys, where he sees the organization, the style we’re gonna play. I’m excited for him to come and work with us.

Most likely he gets a chance, the Lakers want to keep him. They see him as part of the future (or at least as an asset they can trade to get parts for their future). He’s saying all the right things to make Laker nation happy.

But it’s going to be about the money. It always is.

DeMarre Carroll was playing through a litany of injuries in playoffs

TORONTO, ON - MAY 23: DeMarre Carroll #5 of the Toronto Raptors defends LeBron James #23 of the Cleveland Cavaliers in the first quarter in game four of the Eastern Conference Finals during the 2016 NBA Playoffs at the Air Canada Centre on May 23, 2016 in Toronto, Ontario, Canada. 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 Vaughn Ridley/Getty Images)
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Toronto’s DeMarre Carroll was unquestionably terrible in the Eastern Conference Finals.

He shot just 30 percent overall and 19 percent from three. They brought him in as a “3&D” guy to slow down players like LeBron James, but he didn’t even register as a pest on LeBron’s radar. Heck, at one point Richard Jefferson blew past Carroll on the drive.

But as always, there is context. Remember that Carroll came back from knee surgery just for the playoffs, and that was far from the only injury he was dealing with, reports Bruce Arthur of the Toronto Star.

Apparently Carroll had everything but leprosy.

Did the gamble pay off? Carroll didn’t play well all playoffs, but the Raptors did reach the Eastern Conference Finals. It depends on perspective.

But Carroll needs to get healthy this summer and earn that $45 million over three years still left on his deal.

DeMar DeRozan doesn’t sound like guy looking to leave Toronto

TORONTO, ON - MAY 27:  DeMar DeRozan #10 of the Toronto Raptors reacts in the third quarter against the Cleveland Cavaliers in game six of the Eastern Conference Finals during the 2016 NBA Playoffs at Air Canada Centre on May 27, 2016 in Toronto, Canada. 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 Vaughn Ridley/Getty Images)
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DeMar DeRozan will be a free agent come July 1, and in a market flooded with money he’s going to have options. His name has been linked through rumors to his hometown Lakers all season, but they will be far from the only team making a call.

However, DeRozan doesn’t sound like a guy looking to leave Toronto.

He has said multiple times before how much he wanted to finish what was started north of the border and how much he loved the team and city. He said all of it again after the Raptors were eliminated from the playoffs by the Cavaliers on Friday. Check out this exit interview quote when DeRozan was asked if he could find a better situation than the one he’s in, via Zach Harper at CBSSports.com.

“I don’t think so,” DeRozan said. “My mindset has always been Toronto. I always preached it. I was passionate about it when we was losing. When we was terrible, I said I’m going to stick through this whole thing and I want to be that guy who brings this organization to where it is now. I definitely don’t want to switch up after we win.”

Or this.

But how appealing is Los Angeles?

“How appealing? I grew up in L.A.,” DeRozan said. “That’s my home. There’s not a part of L.A. I haven’t seen. I don’t get caught up into it. I let whoever comes up with that say what they want to say. Only thing appealing to me is the things I’ve done in this organization and the things that can be done here. And that’s always been my mindset.”

What should you read into this? If the money is equal, he’s going to choose Toronto over Los Angeles or any other destination.

But make no mistake, this is about the money. In most summers I would not say DeRozan is a max player, but in this summer with so much money flooding the market someone is going to offer it — and it’s probably the Raptors. Despite the holes in his game — lack of outside shooting, inconsistent defense — if the Raptors lose him for nothing they take a big step back. I expect next season he will be putting on a Raptors jersey again.

But July is always an unpredictable month.