Environmental concerns threaten Howard Terminal

Friday’s newswrap included a bit from @muppet151, who inquired about Howard Terminal’s costs associated with toxic cleanup at the site. As part of its use as a working port, numerous substances were capped by asphalt concrete and parts of the site were filled with concrete to prevent leaching into groundwater. Again, here’s a snippet of his letter to Oakland and Alameda County officials:

In 2002 the Department of Toxic Substances Control released an investigative study on the Howard Terminal site, a follow up to previous investigations that took place in 1998 and 2000. The study showed that having been a manufactured gas plant from 1902 to about 1960 an “area of aged hydrocarbon fuel, about three inches thick, was found in the groundwater in the southwestern corner of the Site.” This contamination does not pose an immediate risk because of an existing asphalt concrete cap. However the study concluded “that the construction activities that would breach the asphalt concrete cap would cause excessive exposure. Therefore all construction would need to be performed in accordance with a Health and Safety Plan.”

A Removal Action Work plan (RAW) was drawn up, and the RAW leads to several questions that have yet to be discussed publically by officials who have spoken in favor of an A’s stadium at the Howard Terminal site, more specifically the role City and County governments would play in regards to the RAW.

The RAW states that should these asphalt concrete caps break, the removal of contamination would cost “in excess of $100 million. It would also require the terminal to shut down for a long period of time.” If the caps were to be broken during the building of a stadium, I don’t think it’s a stretch to say cost over runs could be in the neighborhood of $200 million (contamination removal and stadium building costs), and could delay the opening of a Howard Terminal stadium by at least a year and possibly longer. The worst case scenario being the project being permanently shut down causing the A’s to leave the Bay Area altogether. Such an accident would undoubtedly find its way into a court room as well.

Late Sunday, responses started to come in. The first was from Oakland District 3 Councilperson Nancy Nadel, in whose district (West Oakland) Howard Terminal resides. If you’re not aware, Nadel has never been much of a pro sports supporter, especially when it comes to providing anything for new or improved facilities. Nadel’s response:

Dear Patrick,

Thank you for your message. I see your enthusiasm for the A’s.

You ask excellent questions to which I do not have the answers. I was unaware of such extensive contamination at the Howard Terminal site. Therefore I will have to ask the questions too.

However, since the demise of Redevelopment, there is no city money at all for a baseball only stadium in the Jack London area. I hesitate to go deep into the toxics issues unless there is some movement on the part of the owner of the A’s or MLB. I will make city staff aware of the toxics presence to be sure it’s on their radar screen, if they are doing any feasibility costing of that site, unbeknownst to me.

Our most financially sensible location for sports facilities is the Coliseum, at the expense of the teams and private parties.

Have a great evening,

Nancy Nadel

Maybe Nadel couldn’t recall the cleanup issues at Howard Terminal because they were addressed a decade ago. But she’s been in office since 1996 and Howard Terminal has aroused a good deal of attention at different points throughout her Council tenure. In any case, it’s a curious response.

That was followed up by a response from fellow Councilmember Desley Brooks (East Oakland):

Dear Patrick.

Thank you for your email and the issues you raise. I was not aware of the howard terminal issues that you raise.

I am forwarding your questions to the city administrator so she, or the appropriate staff, can respond.

Please let me know if you have not heard from her by Friday.

Best regards,

Desley

In December 2010, Oakland authorized up to $750,000 to study Victory Court and the surrounding area, including Howard Terminal. Much of that money has been spent on studies, even though the public hasn’t seen a single page produced from the work. While much of the information gathered from traffic and parking studies can be used for HT, environmental concerns about the site may require a new and larger expenditure which would be covered by a full EIR. Oakland could choose not to act on that until it hears something positive from MLB. However, if the basic principles regarding cap breach remain, site costs would double overnight, from under $100 million just for infrastructure to $200 million or more including cleanup, and that’s if the work goes smoothly (not a given). Howard Terminal’s supposed to be the cheap site, right?

Even with the cap in place, several types of buildings can’t be built on top of Howard Terminal, thanks to the Port’s 2003 Land Use Covenant.

  • Residential property of any kind
  • School
  • Day care center
  • Hospital
  • Park or open space created by excavating the cap

Where does a stadium fit into that? That’s for the state to decide. We discussed this issue in a previous comments thread, and Howard Terminal has some special similarities to AT&T Park: both are on liquefaction-prone land, and both sites were well contaminated and required cleanup before a stadium could be built. This isn’t like putting up a double-wide trailer on some blocks. It’s a cost that will need to be addressed if Howard Terminal is to be the site MLB chooses moving forward.

…..

Many thanks to muppet151 for taking the initiative to ask elected officials the right questions. We hope to get responses soon.

News for 10/5/12

It’s been a couple of weeks since I’ve done one of these. Time to catch up.

  • The A’s finished the season with a total attendance of 1,678,913, an average 20,727 per game. Not including the first two home games in Japan, the total attendance is 1,591,295 (20,143 average). That’s an increase of more than 200,000 fans over 2011, and the best number since 2007. MLB’s total attendance rose nearly 2% to 74,859,268, propelled largely by the opening of Marlins Park. If you assume that each ticket costs the FCI average of $27 and comes with $11 in additional spending (concessions, parking), MLB gets $2.84 billion in stadium revenue. If we project $7.7 billion for the 2012 season, then regular season stadium revenue accounts for 36.9% of total revenue. Wendy Thurm from Fangraphs/Hanging Sliders has more in-depth analysis. [MLB, Fangraphs]
  • TV ratings are out too. While the A’s showed marginal improvement throughout the year on CSN California (1.27 rating, 32,000 households), Wednesday’s AL West title showdown pulled an incredible 4.72 rating in the Bay Area (172,000 households), the highest rating since 2008. If the A’s could pull in half that number on a regular basis, they’d be in much better shape financially. [Sports Business Journal/John Ourand & David Broughton, Comcast SportsNet California]
  • Like the A’s and Giants, rivals Baltimore and Washington are also in the postseason. Their rivalry extends to off the field, as their ongoing battle over the Nats’ TV rights value on MASN continues. As part of the deal to move the Expos to DC, O’s owner Peter Angeles was allowed to set up MASN and own Nats’ broadcast rights, to which the O’s pay around $30 million per year. Angelos wants to raise the rights fee to $35 million, whereas Nats owner Ted Lerner is holding out for $100 million, which would put the team among the largest markets in terms of TV revenue. That number may not be feasible without a sizable bump in subscriber fees for MASN, which would get the channel into another battle with Comcast over carriage costs. ([Forbes/Mike Ozanian, Press Box/Tim Richardson]
  • The website UFE (Urine Feces Everywhere) did its own annual study of ballpark cleanliness, surveying all 30 MLB ballparks throughout the year. The Coliseum came in 4th worst in baseball (F grade), thanks to those oh-so-charming trough urinals and an embarrassing 56% of men not washing their hands. You people are disgusting pigs. For shame. The best ballpark? Busch Stadium. The worst? Wrigley Field (maybe that’s symbolic). AT&T Park came in 8th best, its only demerit being the composite trough sinks it uses (didn’t realize those were a problem). [UFE]
  • muppet151 sent a well-worded letter to City of Oakland and Alameda County officials asking about cleanup costs associated with the Howard Terminal site. I can’t say I have confidence it’ll be answered, considering how this week the City started limiting access to City Council sessions. We’ve discussed contamination and cleanup at Howard Terminal before. Furthermore, the Howard Terminal Land Use Covenant severely restricts what can be built on the site. Prohibited uses include residences, a hospital, a school or a day care center, or a park or open space (if the ground is uncapped). Here’s some relevant text from the request: [Twitter, TwitLonger, SFGate/Mattai Kuruvila]

A Removal Action Work plan (RAW) was drawn up, and the RAW leads to several questions that have yet to be discussed publically by officials who have spoken in favor of an A’s stadium at the Howard Terminal site, more specifically the role City and County governments would play in regards to the RAW.

The RAW states that should these asphalt concrete caps break, the removal of contamination would cost “in excess of $100 million. It would also require the terminal to shut down for a long period of time.” If the caps were to be broken during the building of a stadium, I don’t think it’s a stretch to say cost over runs could be in the neighborhood of $200 million (contamination removal and stadium building costs), and could delay the opening of a Howard Terminal stadium by at least a year and possibly longer. The worst case scenario being the project being permanently shut down causing the A’s to leave the Bay Area altogether. Such an accident would undoubtedly find its way into a court room as well. 

  • Arizona State University is in the middle of the Phoenix-Mesa spring training game of musical chairs. The school is looking for a much larger home than its on-campus facilities, so it is looking to either share the new Cubs’ ballpark in Mesa or move into Phoenix Municipal Stadium if the A’s vacate Muni and move to HoHoKam in Mesa. [Phoenix Business Journal/Mike Sunnucks]
  • Before the end of September, Governor Jerry Brown vetoed a series of bills meant to revive redevelopment in one form or another. Brown didn’t rule out some of the ideas completely, giving credence to the notion that some aspects of redevelopment could be restored once the state’s budget shortfalls are resolved after the old institutions of redevelopment are completely eliminated (good luck with that). Meanwhile, the League of California Cities filed a lawsuit challenging last summer’s redevelopment laws. [LA Times/Patrick McGreevy, AP/Bloomberg Businessweek]
  • Tarps continue to be a sore spot, as the A’s refuse to remove tarps for the ALDS and will only consider removing them from the ALCS. Back in 2006 was when I had first heard of a MLB rule restricting capacity. If it’s entirely the domain of the team, then why not just take some or all the tarps off? Who is it going to hurt? Let’s Go Oakland has started an online petition, though that’s not going to actually get the tarps removed. The numbers on the petition will end up on some letter to the commissioner. Frankly, if people really want to get the tarps removed, they should show up outside the Coliseum Box Office/Ticket Services with news crews in tow. Get 2,000 people there who have been shut out of buying tickets. Protest. If you’re going to get ownership to budge or MLB to push ownership, the only way may be to put real pressure on them via the media. Otherwise this is little more than political fodder. [SFGate/Carolyn Jones, Let’s Go Oakland]
  • An rally for the A’s will be held outside Oakland City Hall on Monday at 5:30 PM. The rally will be held despite the fact that Monday is a city government furlough day.
More as it comes.

Coliseum Authority, MLB, A’s considering up to 5-year extension

The Chronicle’s Matier and Ross are reporting that the A’s and the Coliseum JPA are in talks regarding what could be a five-year extension at the Coliseum. As expected, MLB is facilitating the negotiations, which is sensible considering the sides’ general chilliness towards one another. There are a couple of interesting bits to the talks:

The lease was handed over to the team three weeks ago, and while details are still to be worked out, A’s managing partner Lew Wolff told us that he is “absolutely” interested in reaching an agreement.

“Even if we were building a new ballpark, it wouldn’t be ready until then anyway,” Wolff said.

According to insiders, one possible problem may be the $50 million penalty the Coliseum wants if the team leaves early for San Jose.

First of all, Wolff is basically admitting that a ballpark wouldn’t be ready until 2018. That’s a two-year slip from previous statements. Whether that’s a process issue or more a Giants mortgage issue isn’t clear. In any case it’s a long ways off.

The $50 million exit penalty is a potential showstopper. The A’s have had exit penalties in previous lease extension, but those simply had the A’s pay the remainder of the lease upfront (plus perhaps a nominal fee) to get out. In this case the JPA is using leverage (no other MLB ballpark in the A’s territory) to effectively force the A’s to stay or pay off more of the horrendously bad Mt. Davis deal.

Wolff, for his part, says he’s interested in reaching a deal. Probably not this deal, though. He probably wants something more along the lines of the three-year deals (plus two one-year options) he bargained for previously. And a $50 million exit penalty is not something I can see either Wolff or MLB approving. To put it in perspective: the A’s haven’t paid $50 million combined in rent since Mt. Davis was built, and that was 17 years ago.

The Coliseum Authority could be playing hardball here, or it could be starting off asking for the moon. It’s the first step of a negotiation that could last all winter, and could get very testy as it moves along. We’re a long way from the situation I described in August, but if that exit penalty is real and the JPA isn’t budging on it, MLB could very well get the impetus it needs to look elsewhere.

Hearing to compel deposition (S4SJ lawsuit)

Today’s hearing was brief at only 20 minutes. Attorneys for the City/A’s and S4SJ/Giants made their cases to Judge Joseph H. Huber. Quick rehash: City/S4SJ requests a deposition of the lawsuit petitioners (S4SJ and 5 individuals) to determine if they have standing. S4SJ/Giants believe that because of CEQA law, standing is already there. A secondary argument is whether or not the business relationship the Giants have with S4SJ represents a conflict of interest.

Judge Huber will decide if the deposition request will be granted. The decision will be made in the next couple of days. Regarding the business relationship, the judge noted that many cases involve outright competitors even if a legal challenge was first made on non-competitive grounds. I suspect that he’s leaning to allow the case to move forward without narrowing the scope to just CEQA issues. As for the deposition, we’ll just have to wait for his ruling.

Again, I have to question the wisdom of the City striking the discounted land deal with the A’s. If the land option were granted at “fair market value” S4SJ wouldn’t have been able to add that issue to the case. Assuming that the redevelopment land transfer legality matter were resolved in the near future, that would’ve left only CEQA and the referendum question as the main tenets of the case. As it stands it’s a muddled mess, with the judge wondering what the next steps are as there are no additional hearings or procedural items scheduled at this point. The wheels of justice only turn so swiftly.

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Side note: The attorney for the City/A’s mentioned that one of the lawsuit petitioners actually supported the A’s move to San Jose during a previous hearing. Curious.

AEG sale could drastically change stadium landscape

Reports started to flood in Tuesday night that billionaire Phil Anschutz was looking to offload AEG, his privately held entertainment and sports conglomerate. The LA Times asked industry experts, who said that the value of the AEG portfolio is around $5 billion. A Reuters article has bidding going up to $6 billion, and that doesn’t include Anchutz’s film studio, Walden Media.

The octopus that is AEG is divided into various overlapping divisions:

  • Sports  – 50% stake in LA Kings, minority share of LA Lakers, 50% of Houston Dynamo, 3 minor league hockey teams, interests in 3 European football and hockey clubs, a minority stake in Golden Boy Promotions, plus the Bay to Breakers, Tour of California, X Games, and other properties.
  • Facilities – Staples Center, Home Depot Center are wholly owned by AEG. The company operates over 100 venues that put on 6,200 events per year, including games for all four major North American pro sports. The list includes major convention centers such as LACC.
  • Live – The concert tour promotion division, with offices and venue control from coast to coast. It also oversees the Coachella and New Orleans Jazz festivals.
  • China – A self-contained subsidiary of AEG, it operates like a miniature version of the big company, within China.
  • Digital Media – Online production and broadcasting for big events

AEG works because it one division can leverage others to lock down deals. Staples Center hosts two teams that AEG owns, benefiting the company by virtue of publicity and revenue. The same model works for live music, where AEG controls booking for many venues and the tours that would fill them up. This sort of vertical integration makes it seem as if the best deal would for the whole shooting match to take advantage of that leverage. Yet there will be many bidders that will find individual pieces extremely attractive, such as the Kings or the venue management contracts. There’s also the issue of finding a single bidder or consortium (in all likelihood) that can put up $6 billion for everything. The bidding process will run well into 2013, and it will be fascinating to observe how all of it works. Some bidders might try to put up a lower overall bid because the transaction could be cleaner and easier to pull off. On the other hand, the total price of all the properties sold separately could eclipse the value of a single complete bid. Even if the whole company was purchased intact, if that bidder were a private equity firm it’s likely that there would be a strategy to part out the divisions in sooner rather than later.

Much of the immediate reaction to the news centered around the prospects of the Downtown LA football stadium. While many felt the stadium deal was in peril, Times columnist T.J. Simers fantasized that a new owner is just what’s needed to bring the Chargers north. LA mayor Antonio Villaraigarosa knew that the sale was coming and kept it quiet. His underlings expressed confidence that the deal would continue without Anschutz, whose purse strings and willingness to accept a minority share of a team were keys to attracting a team. Front man Tim Leiweke is still onboard for the moment, but someone else would have to represent the money needed to fund Farmers Field, which will cost well over $1 billion to construct. If AEG were parted out and sold piecemeal, the strength of the football stadium plan would be severely diminished since there’s no vertical integration to incentivize the effort (the stadium is also meant to be used as an extra large exhibit hall for LACC).

Teams currently in leases with AEG-operated venues are unlikely to see any significant changes. There is at least one other project that could be seriously impacted by an AEG sale: the Coliseum City development. When AEG signed on to manage the Coliseum complex, they also got a contract to provide pre-development services. Oakland Mayor Jean Quan started talking about a convention center and a retractable dome on the Complex, which would be home to an LA Live!-style village. The uncertainty surrounding AEG and Farmers Field creates a very ironic situation in that despite an anti-poaching agreement, AEG would’ve loved to have the Raiders as a tenant at Farmers, yet Oakland could use a successful LA Live! with Farmers as an anchor to help promote a similar plan to its citizens. Without that kind of success under AEG’s belt, the mega-development becomes a harder sell and may force a major change in scope. The alternative could be a normal, outdoor football stadium replacement for the Coliseum, without a neighboring convention center or hotel complex. The problem with that kind of downsizing is that a football stadium and whatever smaller scale ancillary development accompanies it may not be able to generate enough revenue to drive visitors to the complex, and that may be a loser politically. Meanwhile, consider the idea that the 49ers stadium could be completed before studies on Coliseum City are. That’s how deliberative the process is.

Then again, it may be best if Oakland and the East Bay focus on opportunities that are less pie-in-the-sky. Whether they’re talking about a total replacement of the Coliseum or a modernization of the existing Coliseum, it seems much more feasible than a $2 billion convention center and stadium that would have competition not only from other facilities throughout the Bay Area, but also AEG’s own LACC.

The Sacramento Kings could also be affected, since AEG was supposed to be the partner in the Railyard ESC arena plan until the last moment. One of the possible outcomes of a sale is a refocusing and wholesale freeze of development activities, which would hurt both Coliseum City and Sacramento. Other companies could step up, but there is a reason why AEG won bidding in both cities: AEG has a built up an impressive level of experience managing and developing venues over the years. If AEG shifts its focus as the result of a sale, so will many of its clients.

—–

P.S. – One more log to add to the fire: The LA Daily News is reporting that officials that the Angels are talking with Ed Roski’s Majestic Realty about a ballpark at the City of Industry site Roski pitched for his own NFL stadium. Roski partnered with AEG to build Staples Center and buy half of the LA Kings. Surely these talks have gotten the City of Anaheim’s attention. Leverage – that’s how one successfully plays the stadium game.

Shaikin on A’s future, Wolff

Hopefully you’ve read LA Times baseball writer Bill Shaikin’s piece on the A’s from last night (I tweeted it shortly after I saw it in Google News). If not, take a few minutes to gather it in and then come back here.

Okay, ready? Let’s do a deep dive into the meaty parts of the column.

There are indications Selig might rule by the end of the year. Yet, rather than say yes or no, Selig appears to be considering a ruling that could challenge both the A’s and Giants to fulfill certain criteria.

“I think there will be an effort to be Solomonesque,” said someone who has spoken with Selig but declined to be identified because of the sensitivity of the issue. “This is not a ‘yes or no’ sort of thing.”

The status quo works just fine for the Giants, but it is corroding the A’s.

Lew Wolff, the A’s owner, won’t say much about the process. But he will say this: If Selig puts conditions on his ruling that require a year or so to fulfill, the waiting game is over.

“That would be a no,” Wolff said. “They might as well just tell us no.”

For instance, the burden could be put on the A’s to guarantee their financial projections. If the A’s move to San Jose, pay to build the ballpark, and come off baseball’s welfare system of revenue sharing, how can the A’s ensure the long-term sustainability of a championship-caliber club?

First, let’s look at the “Solomonesque” effort. For some time, the level-headed among us have espoused this concept. It would mean the Giants wouldn’t be able to extract $200 million from the A’s or whatever the price was they won’t communicate in private or public. And it would mean that the A’s wouldn’t get San Jose for free. There is a price. The actual number and terms are still up for debate, but despite what many think of this arduous process, Selig is at least attempting to resolve this in a fair way. If it’s done right, both sides will come away happy and with something to complain about, as is the case in most big money negotiations.

The status quo item is something we’ve covered ad nauseum here. No need to rehash it now.

Then there’s Wolff’s comment. This is the big one because it shows that he has a limit as to how long he’ll wait for an answer. Shaikin confirms this in a tweet accompanying his column:

Remember that in May, Wolff asked for a vote on the territorial rights issue. That vote did not end up on the agenda for either the May or August owners meetings. That would make the November meetings pivotal for Wolff, if not for Selig or the other owners. With the sale of the Padres out of the way and national TV deals on their way to being sealed, the A’s should be on the front burner again. (I’m not getting my hopes up.)

If Selig asks for more time, the ball’s in Wolff’s court. He could sell, which has to date not shown a willingness to do. Despite the lack of a stadium deal and the A’s being stuck (for the time being) in Oakland, the A’s could fetch $500 million easily, especially if multiple bidders were involved. Selig and the other owners, sympathetic to the Wolff’s plight (Wolff is well-liked in the Lodge), would push hard for Wolff to get top dollar for his patience. If the team were to stay in Oakland, incoming owners would have to show that they had a stadium plan ready to go and funded. The CBA’s stipulation that the 15 teams in the largest markets (which include Oakland) have to stop taking in revenue sharing is all the motivation any ownership group needs. The worrying factor is the possible emergence of a Clay Bennett-type of bidder who seeks to move the A’s out of the area. It would be difficult to pull off, but not impossible, and with the legal issues that will arise with any T-rights battle, the idea could be considered an easier path to resolution than keeping the team in the Bay Area.

Wolff could try to make it work in the East Bay, but it seems like those bridges have been burned so badly that there’s no trust upon which a relationship can be built. I’m reminded of Tom Benson’s situation as owner of the New Orleans Saints both pre- and post-Katrina. At several points it seemed like the Saints were gone, especially as the Superdome was destroyed inside and out in the wake of the hurricane. It took $320 million in mostly federal and state money to bring the Superdome up to current NFL standards. The NFL only funded $15 million of it. It took an act of god to turn the Saints around and to reform Benson’s pariah image.

The last part about guaranteeing financial projections is a fair request. It’s not just a matter of making sure Wolff gets the best deal possible, it’s also about ensuring that if the team is sold down the line it isn’t saddled with really bad debt. If, as Wolff has indicated, the ownership group will put together a lot of upfront equity for Cisco Field, that’s a huge selling point to Selig. It would reduce outstanding debt and would positively impact any future franchise sale, since the team’s interest in the ballpark would be part of the sales price. Look at it this way: while many franchise rely on regular cash calls to fund operations, the A’s don’t have to do that because of revenue sharing and tidy fiscal management. Going out-of-pocket for the ballpark is a one-time, major cash call. Seems like ownership is already leaning in this direction, the question is how much?

Numerous short-term matters will also come into play, such as the Coliseum lease and whatever progress is being made by Oakland on its Howard Terminal effort. Whatever decision Selig and the owners make, it’s better than the uncertainty that has loomed over the franchise for so long. The Lodge owes A’s fans and A’s ownership that much.

News for 9/14/12

First, an advisory for tonight’s game, which will run concurrently with a concert at Oracle by the Mexican band Maná.

On Friday, September 14 the Oracle Arena is holding a dual event beginning at 8:00 p.m. The A’s recommend traveling to the Coliseum by BART. If arriving by vehicle, the A’s recommend early arrival. Parking availability is expected to be limited by game time. Parking gates open at 4:00 p.m. and stadium gates open at 5:35 p.m. Parking is $17 until 7:00 p.m. After 7:00 p.m. parking will cost $35.

The A’s are expecting at least 30,000 for tonight’s game. A really good walkup crowd could make it a sell out. Get there early, folks. Or take BART and avoid the hassle.

And now the news.

  • The Santa Cruz City Council approved the now-$5.4 million arena plan on Pacific Avenue near Laurel, thanks in part to the City applying concessions revenue to the $4.1 million loan. If the Surf-Dubs leave before their seven-year term is up, the team will be considered in default of the loan. The City may try to bring UCSC sports teams downtown to play at the arena, though historically the athletics program at Division III UCSC hasn’t been much for bringing out crowds. [Santa Cruz Sentinel/J.M. Brown]  Note: The “South Hall” tent at the San Jose Convention Center is seven years old this year and is scheduled to be demolished soon as it has reached end-of-life.

View of Santa Cruz tent arena site from east bank of San Lorenzo River.

  • Seattle approved its arena deal with SF hedge fund guy Chris Hansen, holding out until Hansen guaranteed loan repayment, set aside $40 million for infrastructure improvements around the SODO arena site, and threw in $7 million for improvements for what would likely be the tentative venue, KeyArena. No word so far on a NHL team to partner up with the NBA franchise. KFBK-Sacramento’s Rob McAllister thinks that Hansen could buy the Kings from Maloof family for $450 million. The NBA’s relocation fee to Seattle is expected to be around $30 million, far less than the fee for the Kings moving to Anaheim, where the SoCal market already has the Lakers and Clippers. [Seattle Times/Jerry Brewer]
  • Speaking of hockey, we’re less than 36 hours from the beginning of the NHL lockout. Players currently get up to 57% of revenue, owners want 47%, players have countered with 54%. Arena operators have already been told that if the lockout happens, the first month (October) of game dates can be cleared for other events. As for businesses around HP Pavilion, it’s not looking good. [AP/Ronald Blum; SJ Mercury News/Mark Purdy]
  • The 49ers announced that they’ve sold $670 million worth of club suites and suites at the new stadium. 72% of the suites, which cost $100-500k per year to lease in long contracts, have been accounted for. That’s important because I estimate nearly half of the pledges are coming from suites. Three years ago I wrote about the tough task the Niners would be faced with in financing the stadium. They’ve been up to the task, mostly because the premium accommodations are priced as much as double the price of other new stadia. For the Niners that’s a distinct first mover advantage in a largely untapped market, Silicon Valley. It would make sense for the Niners to wait to extend an offer to the Raiders to share the stadium until after certain sales targets are met. The Raiders could benefit from a less onerous lease package, but they’d also be somewhat shut out of Silicon Valley. [Merc/Mike Rosenberg]
  • Save Oakland Sports’ fundraiser was held at Ricky’s in San Leandro last night. Proceeds will go towards either the construction of venue(s) or “community projects associated with” the venue(s). [KRON/Brian Shields]
  • Long term lease talks between the Buffalo Bills and New York State/Erie County broke down, resulting in a one-year lease at Ralph Wilson Stadium. The Bills aren’t seeking a brand new stadium, but they are trying to get around $200 million in improvements to the 39-year-old stadium. The team will miss a deadline to apply for the NFL’s G-4 stadium loan program, forcing the negotiations to move in the short-term direction. NY Senator Chuck Schumer wants the NFL to modify G-4 so that teams won’t have to complete loan payments when a team is sold, a touchy situation considering Bills owner how Ralph Wilson’s advanced age and sensitive health may affect the team’s ownership situation in the near future. [AP/Michael Virtanen; Buffalo News/Tim Graham; The Score/Devang Desai]
  • The independent St. Paul Saints, last at the trough, received $25 million in economic development grants for a new ballpark to replace Midway Stadium. Renderings of the ballpark are unlike other ballparks.

Rendering of St. Paul Saints ballpark in Lowertown neighborhood

Enjoy the game tonight and the fireworks. That other miracle team of destiny is in town. I’d dress in my Boba Fett costume, but that would look pretty stupid as I asked Bob Melvin questions during today’s blogger event.

News for 9/6/12

Update 9/6 10:30 AM – Several items added.

Not much to celebrate on the field, so we’ll focus off it.

  • Sure, the A’s didn’t draw well Tuesday and Wednesday. Neither did the White Sox, Nationals and Braves. Yet league attendance is up 3% over last year. Nothing changes overnight.
  • Brodie Brazil wrote a goofy column about stuff that should carry over from the Coliseum to a new A’s ballpark. [CSN Bay Area]
  • Good to see that the regular media (Merc, NBC BA, KQED) picked up on the recent S4SJ lawsuit activity. I’ve heard that S4SJ is expected to respond with its own motion by Monday 9/10, followed by another response by the City by 9/14. If nothing else it keeps the case in the news.
  • Forbes NFL team valuations are in right on schedule. #1 is the Cowboys at a whopping $2.1 billion, followed by the Patriots and Redskins. The 49ers are at #9 with a $1.175 billion, thanks to the team’s playoff run and the start of stadium construction. The Raiders came in at #30 with a $785 million valuation, and were one of two teams to have an operating loss (according to Forbes). [Mike Ozanian]
  • We’re 9 days from the NHL’s lockout deadline, and there’s no telling what will happen. The two sides are reportedly very far apart. [SB Nation DC/Ted Starkey]
  • With ESPN’s TV deal signed, MLB may be looking for $800 million per year for the combined Fox/Turner schedules. Combined with ESPN, MLB would net $1.5 billion per year, translating to $50 million per team. Add other central revenue to that (merchandise, MLB AM, XM, etc.) teams should be able to get $70 million in national revenue every season starting in 2014. That figure doesn’t include revenue sharing (local redistribution). [Sports Business Journal/John Ourand]
  • So I guessed wrong on 95.7 The Game getting the Warriors and switching to NBC Sports Radio. The station stayed with Houston-based Yahoo! Sports Radio, and the W’s chose to renew their deal with KNBR, apparently feeling that the signal coverage was worth the third-tier status on the stations. That’s a bad loss for Entercom, though it highlights the biggest problems with The Game: its ratings aren’t going to get much better until they get more local pro teams and boost the station’s signal. The new deal runs through the 2015-16 season.
  • The good news for The Game is that the station posted a 1.1 rating for August, the highest since the programming change. The A’s haven’t moved the needle at The Game for well over a year. Perhaps this is a sign that now they are effecting change. [BA Sports Guy/Scott Willis]
  • Legislators are attempting to bring back redevelopment through various bills that have just reached Governor Brown’s desk. I won’t give the bills much attention unless Brown signs them into law. In the meantime, some groups are applying for federal tax credits to help foot the bills for projects. [ABC 7/Kendall Taggart; 10 News San Diego]
  • Save Oakland Sports has a profile in the Tribune. When talking about the upcoming fundraiser, co-founder Jim Zelinski said, “A cynic might laugh … but it all adds up.” Sure it does. Fundraisers like this, which has no set fundraising goal, can help – about 1 PSL’s worth at a time. [Oakland Tribune/Matthew Artz]
  • The federal government will lose up $4 billion in tax revenue ($146 million annually) thanks to tax-exempt bonds used on many stadia, including the Coliseum and the new 49ers stadium. [Bloomberg Businessweek/Aaron Kuriloff and Darrell Preston]

More as it comes.

City of San Jose seeks to depose Stand for San Jose

Update 9/5 10:30 AM – If you haven’t seen it yet, the Merc’s John Woolfork has picked up the story and gotten quotes from San Jose City Attorney John Doyle.

Activity regarding the astroturf group Stand for San Jose‘s lawsuit challenging the A’s Diridon land deal appears to have picked up in the last week, as the respondents, the City of San Jose and the A’s, have submitted a request to depose Stand for San Jose and its members. I’ve uploaded a copy of the motion (6 MB PDF) for your perusal.

The thrust of the City’s argument is that it complied with S4SJ’s numerous information requests, while asserting that it has the right to request information about S4SJ’s inner workings to determine if S4SJ has standing. The motion asks for relevant documents related to the operation of S4SJ, as well as a person to represent the group in a deposition. This maneuver comes after repeated requests made by the City for this information. Through attorney Geoffrey L. Robinson from the A’s-hired firm Perkins Coie, the motion asks for some in-depth information.

The matters on which the deponent will be examined include the following:

  1. The standing of Stand for San Jose to assert any or all of the claims raised in the First Amended Petition in this case.
  2. The nature of the beneficial interest held by Stand for San Jose in the subject matter of this litigation and the extent to which those interests differ from those of the general public.
  3. The origin and formation of Stand for San Jose.
  4. The organizational purpose, structure, functions and activities of Stand for San Jose.
  5. The governance, direction, control and/or leadership of Stand for San Jose.
  6. Taxes paid by Stand for San Jose to the City of San Jose or any other public entity.
  7. The funding or financing of Stand for San Jose’s activities.
  8. The legal or financial relationships between Stand for San Jose and its members and/or any persons or entities funding or controlling its activities.
  9. Any actual or proposed use of this litigation to impose regulatory burdens on the City or Real Party in Interest.
  10. The “fees and costs, including reasonable attorneys” fees and expert witness costs” (sic)…

Named individuals in the motion include Michelle Brenot, Robert Brown, Karen Shirey, Fred Shirey, Robert Shield, and Eileen Hannan, who initially didn’t know she’d be a plaintiff in the lawsuit. Just in case you’re wondering where her allegiances lie, here’s her Facebook profile picture.

At least we know where Ms. Hannan “stands”

The challenge is a technical one – if the plaintiffs don’t have standing, the suit can be dismissed. S4SJ claims they have standing by the nature of the suit (originally an EIR challenge). The tax issue is interesting, in that the City is arguing that if the plaintiffs aren’t taxpayers in San Jose they have no standing. The motion will be made on September 21 at 9 AM. (Come on people, I’m supposed to be in an iPhone 5 line at that time! You’re killing me.)

Seriously, this is the first real sign that the legal team that the A’s were assembling in the spring is breaking out some weapons to use in could be a lengthy legal battle. Could the lawsuit blow up if it’s found that the Giants were behind the whole thing (snicker)? I guess we’ll find out.

P.S. – I look forward to reading the various lawyers’ assessments of this motion in the comments. Also – I’m not a lawyer or legal reporter, so forgive my butchery of the legalese.