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.

Blake Griffin says he’s working on improving his three-point shot

LOS ANGELES, CA - DECEMBER 21:  Blake Griffin #32 of the Los Angeles Clippers shoots a jumper over Serge Ibaka #9 of the Oklahoma City Thunder during a 100-99 loss to the Thunder at Staples Center on December 21, 2015 in Los Angeles, California.  NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this Photograph, user is consenting to the terms and condition of the Getty Images License Agreement.  (Photo by Harry How/Getty Images)
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2016-17 is going to be a big year for Blake Griffin. He missed much of last season with a quad injury and a broken hand stemming from a punching incident, and he has the ability to opt out of his contract next summer. When Griffin was healthy, he was his usual All-Star self for the Clippers, but he played just 35 games. He’s healthy now, at the start of training camp, and he says he wants to improve his three-point shot.

From Dan Woike of the Orange County Register:

“I want to be someone who shoots from there confidently, for sure,” Griffin said after Thursday’s practice at UC Irvine’s Bren Events Center. “A lot of us power forwards, our strength is inside or our versatility. You look at the best power forwards, Anthony Davis, LaMarcus (Aldridge), Draymond (Green) … they can all shoot but they can all put the ball on the floor and they can all score inside. I don’t necessarily think falling in love with the 3-point shot is a good idea, but shooting it confidently from there is great.”

Not only has Griffin not hit his threes in his career (his overall mark from beyond the arc is an awful 27.1 percent) but he doesn’t take very many of them. The most threes he’s ever shot in a season is 44 in 2013-14, and he hit 12 of them. Griffin is only 27, so he’s theoretically not done improving as a player, but it’s hard to imagine a dramatic jump this far along when that hasn’t been a part of his game at all to this point.

 

Steve Kerr endorses shorter preseason to limit back-to-backs

OAKLAND, CA - JUNE 19:  Steve Kerr of the Golden State Warriors speaks to members of the media after being defeated by the Cleveland Cavaliers in Game 7 of the 2016 NBA Finals at ORACLE Arena on June 19, 2016 in Oakland, California. 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 Thearon W. Henderson/Getty Images)
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There are too many preseason games. The NBA has its reasons for playing them — namely, to allow for games in non-NBA markets — and sometimes they can be valuable for teams to experiment with rotations. But most teams play seven or eight preseason games, which is unnecessary. Warriors coach Steve Kerr agrees, according to the San Francisco Chronicle‘s Connor Letourneau:

“I kind of like the idea that’s been tossed around the last couple summers to start the regular season a little earlier, maybe a week early,” Kerr said Thursday afternoon after Warriors practice. “Play five exhibition games instead of eight. I kind of like that, just so you have fewer back-to-backs in the regular season.”

The NBA has floated the idea in the past of cutting the number of preseason games in order to stretch out the regular season, thereby lessening the burden of travel and back-to-backs. The NBA has made an effort this season to cut down on back-to-backs, and this would be a logical way to do that.

Hornets’ Batum won’t let big contract affect how he plays

MIAMI, FL - APRIL 20: Nicolas Batum #5 of the Charlotte Hornets drives on Joe Johnson #2 of the Miami Heat  during game two of the Eastern Conference Quarterfinals of the 2016 NBA Playoffs at American Airlines Arena on April 20, 2016 in Miami, Florida. 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 Mike Ehrmann/Getty Images)
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CHARLOTTE, N.C. (AP) Nicolas Batum said he isn’t planning to alter how he plays the game after signing a five-year, $120 million contract with the Charlotte Hornets.

And that’s just fine with coach Steve Clifford.

Clifford said Batum doesn’t need to put additional pressure on himself to score just because he’s now the highest-paid player in Hornets history. He told him to play how he plays.

“You don’t change the nature of how you play. I think guys get messed up with that,” Clifford said. “… I don’t think you try to reinvent yourself because the money changed. We gave him the money because he played so well. In my opinion he was an All-Star-caliber player last season when healthy.”

Batum was acquired in a trade with Portland before last season and turned out to be a gem for Charlotte, which won 48 games and tied for the third-best record in the Eastern Conference. Batum averaged a career-high 14.9 points and 5.6 assists while becoming one of the team’s top three go-to options.

Batum said he’s learned from experience that it’s not worth putting pressure on himself just because he signed a big contract.

He did in that 2012 after inking a four-year, $46 million deal to remain with the Portland Trail Blazers. While he still played well, he said it was pointless.

“I was a young guy at the time and I didn’t know what to expect,” Batum said. “Now I know. I know what I have to go through right now. I know what the views of the media and the public will be. I know that, and I’m good with it.”

For Batum, pressure no longer enters the equation because the Hornets trust him and believe in him.

“It’s more relief than pressure,” Batum said.

The Hornets made re-signing him their No. 1 priority, offering the Frenchman a huge deal about an hour into the free-agency signing period. Batum also received several offers from other teams shortly after the deadline, which he called flattering.

The 6-foot-8, 200-pound Batum enters the season as Charlotte’s best all-around player and a favorite among teammates.

“Guys are so much more comfortable when he’s out there on the floor because he makes it so much easier at both ends,” forward Marvin Williams said.

Williams said there’s a naturalness to Batum’s game, and he’s incredibly unselfish – he’s always looking for the better shot option.

“He likes to make the assist, and he likes to get everyone involved,” Williams said. “I think that is why so many people like playing with him. It’s why I love playing with him.”

And why Clifford views him as irreplaceable.

When Batum went down in the second half of last season with an ankle injury, the Hornets struggled to find their rhythm.

“He’s not a numbers guy to me,” Clifford said. “People can say, `Well, he’s making this or he’s making that (much money),’ but if he plays at the level he played at last year when he was healthy, we have a chance to be a really good team.”

The Hornets continue to work on 5-on-5 scrimmages extensively during practice as Clifford gets a feel for his team.

But there were several key players missing on Thursday.

Point guard Kemba Walker (knee) and center Cody Zeller (knee) remained out of practice while rehabbing from injuries. Guard Jeremy Lamb did not practice after stepping on a basketball and twisting his ankle, while Brian Roberts was held out after injuring his hamstring when he slipped on some water on the court. Clifford said he hopes to have Lamb and Roberts back in a few days.

Watch Klay Thompson, Kevin Durant make every shot they take for 75 seconds

Golden State Warriors' Kevin Durant (35) poses for photos during NBA basketball media day Monday, Sept. 26, 2016, in Oakland, Calif. (AP Photo/Marcio Jose Sanchez)
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Here’s the thing that should make teams nervous — this doesn’t even include the best shooter in the game today. Stephen Curry was on the other end of the court working on something else.

Meanwhile, Kevin Durant and Klay Thompson exchanged shots at the Golden State Warriors practice and didn’t miss one for more than a minute, closer to 75 seconds. No, they were not being guarded, and this was just some light shooting at the end of practice. Still.

From Anthony Slater of the San Jose Mercury News.

It’s going to take at least until Thanksgiving and maybe closer to Christmas for the Warriors to figure out how to play together, what the rotations will look like, and just become comfortable with what is largely a new team. But once they do, the firepower on this squad is insane.