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.

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.

News for 8/30/12

Here we go. We’ll start off with some minor league news.

  • The Santa Cruz Warriors continue to work with the City of Santa Cruz to get their tent arena built in time for the 2012-13 D-League season. Final approval hasn’t happened yet, let alone construction, so the D-League put the Surf W’s on a loooo-o-ng road trip before the team’s first home game around Christmas. That gives the two parties 16 weeks to get the arena approved, built, and buttoned up. No pressure. The Surf W’s could play on the road for additional games until the project is completed, or if there are extensive delays or the project isn’t approved, hopefully there’s a backup plan like the San Jose Civic Auditorium. Cost for the downtown arena have already ballooned from $4 million to $5 million because of foundation issues that were identified. Ticket prices have also been released. [Santa Cruz Warriors; Santa Cruz Sentinel/J.M. Brown]
  • Head north on Highway 1 and you’ll eventually get near the Cow Palace, where the San Francisco Bulls are quietly fixing up the old arena. $2 million of updates will be paid for by the team, including a center-hung scoreboard, a first for the Cow Palace. A schedule and ticket prices have also been announced. I may have to ring up the Bulls to see if I can get a sneak peek of the place. [CSN Bay Area; SF Bulls]
  • The first debate for the at-large seat on the Oakland City Council happened last night, and the two main candidates, incumbent Rebecca Kaplan and challenger (and current D5 council member) Ignacio De La Fuente both had something to say about the tenant teams at the Coliseum complex. [East Bay Citizen; Steven Tavares]

On the issue of the city’s professional sports teams, Kaplan and De La Fuente differed, if not, in terms of their priorities for retaining the A’s, Raiders and Warriors in Oakland, with Kaplan being more optimistic. “Let’s face it, the A’s don’t know the way to San Jose,” said Kaplan, and adding the current Coliseum City proposal will bring shop owners, bars and restaurants to the city along with fans and conventioneers to the area, said Kaplan, while also creating jobs.

De La Fuente was less sanguine saying he would only turn his attention to the Coliseum once crime in Oakland is sufficiently quelled. “I learned from my mistakes,” he said, referring to the botched return of the Raiders in 1995. “They are in the business of making money,” De La Fuente said, believing the public sector should no longer have a role in financing stadiums.

  • The Earthquakes announced their general seat pricing and posted a seating chart. The big ticket item is the establishment of a 1,400-person supporters section in the closed end, which will have its own bar and storage area for the flags and banners they use during the game. Interestingly, the language is “1,400-person”, not “1,400-seat”, which leads me to believe that this area will be a standing terrace. That’s fine since fans in the supporters sections are expected to stand anyway. I’m pretty sure it’s the only to fit 1,400 people in what looks like a pretty small space between the elevated seating bowl and the pitch. [SJ Earthquakes]
  • The Quakes also announced today that they are negotiating with three Fortune 100 companies on naming rights for their 18,000-seat stadium. Fortune 100, eh? Club president said that some of these companies are tech or Silicon Valley firms. Recently, new MLS stadia have netted $2-3 million per year in naming rights, which if matched by the Quakes would go a long way towards paying off the stadium. FWIW, I don’t think any local tech company should be ruled out, including Cisco (and no, that doesn’t mean Cisco is dumping the A’s). [SJ Mercury News/Elliott Almond]
  • On Saturday I’ll be in Berkeley for the first Cal football game at the rebuilt Memorial Stadium. I’ll be sure to get there early to take lots of pictures and document the experience. Somehow I was able to buy one of the last available $19.32 tickets for the opening game. I’ll be in the south end zone, a mere 5 rows up. As an aside, I was somewhat surprised at how many tickets remained for the game. I expected a sell out long ago. One thing to consider is that we’re the only market with three FBS (D-I) college football teams. Combine that with small or not-terribly-fervent fanbases and two NFL teams, and it’s easy to see why our general reaction to college ball is a collective “Meh.” [UC Berkeley]
  • On a related note, the Pac-12 Network launched two weeks ago and is still negotiating carriage deals. Comcast is not an issue since the cable provider is a partner. The issue is working out a deal with DirecTV, which is not only the provider with the most regional sports and college networks, but also the provider of choice in most bars throughout the country thanks to NFL Sunday Ticket. DirecTV purportedly rejected a deal of $0.80 per subscriber/month, leaving many fans up and down the left coast without many opening week games. Dish Network, Verizon FiOS, and AT&T U-Verse customers are also affected. [SF Business Times/Eric Young]
  • The State Controller reversed a slew of land transfers between the cities of Milpitas, Morgan Hill, and their respective (and now defunct) redevelopment agencies. That doesn’t bode well for the Diridon ballpark land transfer, though it has to be pointed out that the Controller has already ruled once in San Jose’s favor, saying that Santa Clara County went to far in holding tax increment funds that were due to the City. [Merc /Tracy Seipel]

Finally, I have to thank a reader out there for giving me four prime tickets behind the A’s dugout for Wednesday’s day game against the Angels. I’m only going to use one, so if anyone’s interested in joining me and talking baseball and ballparks or economics, reply with a comment or send me a tweet.

More tomorrow.

Earthquakes Stadium Groundbreaking on 10/21

Prior to tonight’s Quakes-Rapids game at Buck Shaw, the Earthquakes announced that the long-awaited, oft-delayed groundbreaking will finally occur on October 21, before the home finale against the LA Galaxy.

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Quakes President David Kaval makes the big stadium announcement. San Jose Mayor Chuck Reed (in blue) was also there in support.

Knowing how long the fanbase has suffered waiting for the Quakes’ permanent home to be built, the team is making the groundbreaking a big public event. They’re inviting every fan to come to the ceremony and participate, in hopes of breaking the Guinness record of 4,532 simultaneous “groundbreakers” at a similar ceremony in India. Sounds like fun. Will the Quakes have enough hard hats on hand?

Update 7:00 PM – The San Jose Earthquakes have put up a press release for the event, which will be at noon on October 21. Fans can RSVP for the ceremony here.

Port gives Howard Terminal thumbs up, warns of hurdles

The Trib’s Matt Artz wrote today that the Port of Oakland is “very interested” in converting Howard Terminal into a ballpark/commercial site. That’s a big step. Having the Port and Matson onboard is a good start. Now Oakland boosters have to get SSA Terminals onboard, which is suing the Port over contract terms. I wrote about that and other challenges two weeks ago. It’s worth a read if you hadn’t seen it it.

Artz also brilliantly sums up Oakland’s broader challenge at the moment.

With A’s owner Lew Wolff determined to move his team to downtown San Jose, Oakland needs to show baseball officials that it too has a viable site for the team that could persuade baseball owners against pursuing the very touchy subject of rescinding the San Francisco Giants’ territorial rights to San Jose.

Viable, unfortunately, is a term that is prone to subjectivity. Knowing that, let’s try to break it down into what MLB’s goals are in its neverending exploration:

  • Can the site be acquired cheaply and quickly? That’s an unknown as long as the SSA issue remains in litigation. Otherwise, it’s a site that can be configured and prepped fairly quickly, as long as cleanup isn’t too lengthy or expensive.
  • Overall, is it cheaper to pursue this site than to build in San Jose and compensate the Giants? Another unknown. The only thing we have a decent idea about right now is what it will cost to build in San Jose (including remaining land acquisitions). There’s still much to determine regarding Howard Terminal. Will infrastructure costs be borne by the club, the City, or some combination of the two? Will the cost be too expensive for either to bear, as was apparently the case with Victory Court? Plus we have no idea what proper compensation is for the Giants.
  • Will the risk that comes with Howard Terminal be too great or manageable? It’s unfair to Oakland, but when you combine the lackluster attendance history with the poor corporate base compared to San Jose, it has to be asked. How can an individual team such as the A’s pull this off, especially if they are not expected to get significant monetary help from either MLB or the City, County, or other public entity?

In the end, it’s all a big cost-benefit analysis. And if it means Oakland, I’ve gotten accustomed to taking the Capitol Corridor train to day games. It’s no sweat off my back. This is when we find out if and how Oakland can put together a good deal for the A’s and for MLB. This is how we define viable.

I want to go to there

I could stay here forever. Or at least until the sprinklers come on.

So there I was lying on the Coliseum grass, just beyond the infield rim where Jemile Weeks normally mans 2B. The fog had invaded, covering up any stars. I saw closeup how well Clay Wood and his staff covered up all of the evidence of a football game just five days prior. Temperatures had dipped below 60 and the breezes were starting to kick up. At least a thousand fellow A’s fans were assembled on the field, most with blankets, some clutching cups of coffee. It was 10 o’clock, and we were waiting for Moneyball.

The movie itself was introduced by Scott Hatteberg, and just as we did in the pregame ceremony several hours earlier, we cheered players as they were announced or as they appeared on the smallish portable screen. Sound bounced off the still concrete bowl, creating an eerie, unintended echo effect. The stadium lights darkened, and for a moment everything was still, everything was perfect.

I’ve probably seen Moneyball seven or eight times now (three in theaters plus I own a Blu-ray combo pack), so the movie itself wasn’t the attraction. I didn’t go to the red carpet premiere at the Paramount, so this was as much about community as anything else. Yet I distanced myself from people and stayed way back, in an open spot as close to the cordoned off infield as possible. Every so often I would stand up and look back at the old seating bowl, where the safety lights were on and the media had cleared out of the press boxes. For better or worse, this is my second home, I said to myself.

The infield and warning track were off limits to the faithful. From what I could see in fans’ faces, no one cared.

As the movie ended, I gathered all of my things and, mindful of how long I had been there and how emotional the day was, felt absolutely exhausted. Many friends who I had seen in the Coliseum had left long ago. In light and in darkness Mount Davis stood, impressive in scale and magnitude. For once I didn’t hate the edifice. It was just sitting there, alone and somewhat forlorn, no lights on. As I started to walk toward the stairs I thought to myself, I wish one of those suites was my apartment so that I could head up there and go to sleep instead of driving home.

If I had the money and someone built it, I’d live in an apartment or condo overlooking an A’s ballpark. Not one with a postage stamp sized view like in San Diego, detached from the action. A place that was as far as the upper Mt. Davis suites are now, with a balcony. I could wake up, observe the grass get cut and the mound manicured over a cup of Aeropressed coffee. Watch as tour groups came through and wave to them in my robe smoking jacket. Head downstairs, where there would probably be some retail component, for a sandwich or pastry. And watch the game from the balcony, or head down to one of the field box seats that were mandatory to buy with the apartment lease or condo purchase.

None of this is possible at the Coliseum, of course, for myriad reasons. The Raiders need those suites to be used as suites. Mt. Davis was never built with this kind of mixed use in mind. It’s something I can still dream about at a new ballpark. Given the cost of developing a park these days, it’s not a bad way to help with the financing. Follow me on this.

When NASCAR was at its peak before the crash, several tracks built condo complexes that overlooked the action. Most often, it was rich racing aficionados who bought up the units, forgoing an RV weekend in the paddock for an pied-à-terre above the track. To me that sounds crazy, considering that most tracks will get one or two races a year plus various minor events. It doesn’t compare with 81-82 games plus concerts and whatever else the team can attract to a stadium. Yet the closest thing to a residential component we’ve ever seen is the hotel at Rogers Centre (formerly SkyDome), now a Marriott Renaissance property. Lew Wolff once had an interest in it, so he should know quite well how it’s run.

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Bay Street in Emeryville, a mixed residential/commercial development

If someone were to experiment with this kind of feature, one can’t expect a big, 400-foot long apartment building with 200 units facing the ballpark. There’d probably be a “boutique” style building with no more than 40 units, 20 facing the ballpark, 6 stories tall, roof deck with a pool on top. How would they be sold? Upfront as condos with high HOA dues, or extremely expensive apartments? Maybe fans who aren’t one-percenters could enter a lottery for one or two units, or perhaps for a year-long lease. 25 years ago the apartments on Waveland and Sheffield outside Wrigley Field could be rented by an average family. Now they’re all corporate suites, better than the ones inside the park. In either condo or apartment form the units could provide a not-small financing piece, up to $30 million towards the ballpark’s total construction cost after factoring in overhead. That’s about as much as anyone could expect from a seat license sale, and it wouldn’t come with the uncertainty or negative vibe associated with PSLs.

Taken as part of the growing number of luxury options, these could be considered as either complementary or competitive with regular suites. The biggest difference would be the view and the access, since suites are not normally available 24/7 the way a housing unit has to be. One could even see a player or two take advantage of the convenience, though he’d have to make sure his curtains are drawn at the proper moments. That is, unless he likes the attention.

Sharks ownership speaks out

Two great pieces on Sharks ownership by the Merc’s David Pollak. Regarding the team, lead owner execs Kevin Compton and Stratton Sclavos remain committed to keeping payroll near salary cap levels ($70 million in 2013) despite the ownership group losing money on an annual basis. We don’t have access to their books so we can’t validate ownership’s claims, but they are saying that they regularly make cash calls of the ownership group. If that’s the case then there is something to what they’re saying.

The second piece is a wide-ranging Q&A covering multiple off-field topics such as the possibility of competition in the form of a Warriors arena in San Francisco, a looming lockout, and a reaction to the A’s heading 35 miles south.

On the possibility of the A’s moving to San Jose:

Sclavos: “You can always look at these things as a problem or an opportunity. In our discussions, we’re led to believe there’s probably opportunity there for us. We do a lot of things really well in sports marketing and ticket sales and sponsorship sales. We think those assets could be leveraged other places.”

Compton: “Our big concern would be to see that the fan experience doesn’t change as far as parking and traffic and things like that. We’re not going to compromise on that.”

You have to think that the two ownership groups have been talking a good deal about how to share the sandbox that is downtown San Jose. It’s good to hear, and a stark contrast from the bile spewing from the Giants. Compton also had an honest take on the impact of a SF arena. It hadn’t occurred to me that HP Pavilion is now the 6th oldest arena in the league. It makes me wonder what could done to improve the arena in order to raise revenues. More clubby stuff in the rafters like MSG? Changes to the seating bowl?

Compton’s concerns about parking were partly addressed when the Sharks struck a deal with the City for a garage north of the arena. The approved Diridon ballpark EIR calls for no new parking to be built at the ballpark aside for a small amount dedicated for team use. I’m more interested in what could happen with the old San Jose Water property, since that contains the largest lot in the immediate area aside from the arena lots.

This really makes me hope that there isn’t a lengthy work stoppage in the NHL this season. It would be a shame if the only hockey we had to watch this fall were at the Cow Palace.

There’s also a sidebar listing all members of the Sharks ownership group.

The other kind of walkoff

The A’s made hay in July via a series of walkoff wins. It’s fitting that the team is capitalizing on a phenomenon coined by former Athletic Dennis Eckersley, almost karmic (I’d rather have won the ’88 WS). The A’s soccer brethren, the Earthquakes, have also gotten into the act, stringing together several winning and tying goals in the waning moments of numerous games this season. Let’s just say that the organization is no stranger to theatrics.

That comes in stark contrast to the neverending ballpark struggle, which has entered its 41st month according to our counter, but really has gone on for more than twice that long if you count back to when the Wolff/Fisher group took ownership. And if you believe Jayson Stark’s take coming out of the owners meetings this week, there’s no end in sight:

For about the 78th consecutive meeting of baseball’s problem-solving owners, there was no resolution this week of the A’s-Giants standoff. But if it wasn’t clear before now, it’s more obvious than ever that, in the words of one baseball official, that moving the A’s to San Jose is, most likely, “never going to happen.”

One sports attorney who has looked into this told Rumblings that the Giants have “a hell of a case” — centered around a document signed by the commissioner defining their territorial rights to include San Jose. And that’s critical, because any move by the A’s, or by the sport, to ignore or override those territorial rights could open a messy can of larvae for baseball.

How? Well, if the Giants’ territorial rights were suddenly deemed to no longer apply, it could set a precedent that might inspire some other team to attempt to move to New York or Southern California, by arguing the territorial rights of the Yankees, Mets, Dodgers and Angels were no longer valid, either.

So if the A’s aren’t bound for San Jose, what is likely to happen to them? Behind the scenes, baseball people are predicting they’ll eventually have to give up on this battle and settle for a new, Pittsburgh-size park in Oakland — and then do their best to beat up on the Giants in interleague play.

Stark didn’t articulate how this ballpark would be paid for. It’s a legitimate question. Oakland isn’t alone here. Field of Schemes’ Neil deMause pointed out in a recent Slate article that Seattle is facing the same dilemma.

Stanford economist Roger Noll pegs the operating profits of a typical arena at somewhere between $20 and $30 million a year. That could be enough—barely—to pay off $400 million or so in arena debt. But then Hansen and his as-yet-unnamed investors will still need to put down a huge amount of money to purchase an NBA franchise to play there. If every penny of revenue is going to pay off construction debts, that will leave nothing to offer his moneymen as return on their investment. “The gross revenues of an NBA team in Seattle could not possibly be sufficient,” says Noll, to cover the costs of both building an arena and buying a team.

Replace Seattle with Oakland and “NBA team” with “Athletics” and you have the first half of our local quandary. The crux of the argument to keep the A’s in Oakland is that some sugar daddy ownership group (Don Knauss & Co.) will swoop in, buy the A’s from Wolff/Fisher ($500 million) and pay for a new ballpark ($500-600 million). Using deMause’s corollary, which we’ve espoused here repeatedly, how does this new ownership make money, or even prevent themselves from being buried in debt? Even in San Jose a $500 million ballpark will require tons of upfront commitments to ensure that Wolff/Fisher aren’t leveraged to the hilt.

Moreover, this ongoing stalemate does no one any favors except the Giants, who must love the status quo – except for that pesky drug suspension thing. If the other big market teams are truly afraid of breaking precedent, then the naysayers are right, there is no way to San Jose. We’ve never heard anything directly from any owner to confirm this, so it’s just more grist for the mill. Funny thing is that there are protections in the Major League Constitution to keep the two-team markets safe. From Doug Pappas’ old article dissection the Major League Rules (emphasis mine):

Under Rule 1(c), either league can move into a territory belonging to a club in the other league, so long as (a) 3/4 of the affected league’s teams consent; (b) the two parks are at least five air miles apart unless the two clubs mutually agree otherwise; (c) the newcomer pays the existing club $100,000 plus half of any previous indemnification to invade the territory; and (d) the move leaves no more than two clubs in the territory. This provision dates to late 1960, when it was adopted to establish the terms for the expansion Los Angeles Angels to play in the territory claimed by the Dodgers in 1958.

That leaves Boston and Philadelphia as the only “vulnerable” markets, and any move to either city would face just as many political and logistical obstacles as the A’s face going to San Jose, if not more. Even with that technicality out of the way, the big market owners may be looking at T-rights as sacrosanct and untouchable, nevermind the actual language.

Bringing us back to Stark’s blurb, what can Wolff do? He seems content to play the nice guy role among the owners and not push the matter. If the Giants are lined up looking to sue, the A’s can do the same. San Jose is putting together its own legal resources should a decision come down not in their favor. But there is one maneuver, one trump card that Wolff can play that we’ve only skirted around, and it’s fairly simple.

Wolff could refuse to negotiate a Coliseum lease extension.

Fitting that this last bit of “inaction” could finally force action. It worked for the Minnesota Vikings. It most certainly won’t get the kind of results Zygi Wilf got (a publicly financed stadium), but it would at least force the powers that be to act. It would absolutely burn the last bridge Wolff had with Oakland and would be the worst PR move ever on top of many other missteps, but as we’ve seen in the Vikings’ case, it’s practically standard operating procedure for owners looking to get new stadia. Oakland pols have bragged that the A’s have nowhere to play besides the Coliseum. Do they really want to make that bluff?

Wolff’s refusal would create a nightmare for MLB. MLB could proceed one of two ways, either A) rule once and for all on the T-rights matter and let the franchise move forward, or B) try to assume control of the A’s by alleging that Wolff was not acting as a proper caretaker of the franchise in the market. The A’s can’t be contracted through the rest of the current CBA. Two teams would have to be contracted as a matter of practice and the Rays are locked into their lease, making contraction impossible in the near term. If MLB rules for the Giants, then at least Wolff would be able to decide if he wants to build in Fremont or give up completely and sell the team. And if MLB rules for the A’s, then Wolff will have gotten what he wanted, although he had to be a dick to Selig and the Lodge to make it happen, and Selig would have to deal with the Giants’ legal onslaught.

Selig could try to buy Wolff’s silence by subsidizing an East Bay stadium (also unprecedented) or having the other owners buy out the Wolff/Fisher group, which won’t be cheap. Wolff/Fisher are in a strong position in that they don’t have to sell, at any price if they don’t like.

Now, if MLB were to try to wrest control of the A’s from Wolff, the league would land in litigation hell. Wolff could easily point to Selig’s committee’s 41 months with no plan or decision, and it would drag out for a long time. Unlike the McCourt-Dodgers fiasco, the Wolff/Fisher group are more than solvent (underneath it all A’s ownership is the 4th richest in baseball). T-rights would finally be dragged out into the open, in court. Meanwhile, MLB would have to step in and negotiate lease terms with Oakland/Alameda County for some unknown period. They can’t go around Wolff to negotiate a lease while he’s still the franchise’s control person, since he still has to sign on the line which is dotted. MLB can’t get an injunction on Wolff not doing something. Can they force him to negotiate a lease? We’ll see. Beyond the Bay Area, there will be at least one mayor who’ll look at the ending lease and make a play for the A’s, even if the resources aren’t there. Effectively the A’s would turn into the Expos, a team in limbo for an indeterminate period.

All of that’s possible from Wolff making a simple declaration. He doesn’t have to make it now. He could wait until the end of the 2013 season if he likes. The chaos would put a great toll on the franchise and the fanbase, and you’d have to wonder if, in the end, it’s worth it. Walking away from the lease could be the first domino. At least someone would be playing. We’ve been talking about post-2013 for a while now. The closer we get to that point without a resolution, the more likely someone’s going to make a move out of desperation. Often large bureaucratic organizations don’t make moves until things reach crisis mode. If Selig wanted to end his tenure without drama, this definitely wouldn’t be a way to do it.

Nothing to see here, move on

The owners meetings came and went with barely a peep. The only major news was the slam-dunk approval of the Padres sale. A single, solitary update on the state of the A’s came via MLB.com’s Barry M. Bloom:

 

That’s it, as expected. Good thing the game starts in a few minutes.

No stone left unturned

Two articles from Sunday (Chronicle: Matier and Ross, Mercury News: Bruce Newman/Sharon Noguchi) point to a special trip made to the Bay Area last week by Commissioner Bud Selig’s three-person committee. The committee, which has been studying the A’s stadium issue for more than 40 months, met with San Jose officials on Tuesday, followed by Oakland officials on Wednesday.

The M&R report indicates that Oakland’s bid is moving towards a potential deal at Howard Terminal, anchored by a $40 million sale of land there to help kick things off. Present were Clorox CEO Don Knauss and Signature Properties’ Mike Ghielmetti.

The $40 million part has me confused. To whom would Howard Terminal be sold? To the A’s or some ownership group? To other developers like Ghielmetti? For years, the minimal entry for any Oakland site had to be to take care of the land and any infrastructure at the very least. But if that responsibility has to be shouldered by whomever builds a ballpark, the price to build the venue will only get higher. Remember that at Howard Terminal, some amount of reconstruction of the site’s foundation will be required to make it safe and suitable for a ballpark and perhaps other surrounding commercial development. If the ballpark costs $500 million just in construction cost, and the land acquisition and site preparation costs $140 million, the final price tag is $640 million!

It would’ve been interesting to find out how much time Knauss & Co. spent presenting themselves as ballpark backers first before jumping to a different role as would-be owners. Assuming that they pay the full freight on a ballpark and a minimum $500 million for the A’s, they’d have to come up with $1.14 billion for the whole package. That’s a tall sum just to keep the A’s in Oakland, no matter how it’s sliced. A downtown site such as Howard Terminal was expected to be more expensive than the Coliseum because of the added complexity in pulling off the deal, but is that difference (at least $100 million) worth it? It’s hard to pass judgment on Howard Terminal until we know more specifics. Nevertheless, at this point the committee is probably of many of these details, and that will be important for MLB’s continued evaluation.

Last Tuesday’s meeting with San Jose seemed to be a more ho-hum affair, with the exception of the presence of Brad Ruskin, a very prominent lawyer who has at one time represented all of the major pro sports leagues other than Major League Baseball (he has also represented some MLB clubs). One of his specialties is antitrust law, and he is a trial lawyer, so his presence may be to show that he could represent MLB in an antitrust case if push comes to shove. Opposing Ruskin would presumably be Allen Ruby, who the A’s brought on board earlier in the year.

For his part, Lew Wolff continues to be defiant in the face of questions about selling the team. His angle is that, unlike much outdated criticism about his previous efforts to put together a ballpark deal in Oakland and Fremont, his plan is simply to build a ballpark. Ancillary development using surrounding land is becoming more increasingly difficult to pull off, yet that’s the formula being espoused by all of the Oakland bids: Howard Terminal, Coliseum City, and Victory Court. The committee has to be taking all of this into account.

Another factor is State Controller John Chiang’s review of the land transfers between San Jose’s defunct Redevelopment Agency and the son-of-redevelopment San Jose Diridon Development Agency. If the transfers are upheld, Santa Clara County has indicated that it won’t make any further challenges to the land deal so the ballpark could conceivably move forward. If the transfers are ruled improper, the land would go to the the redevelopment successor agency, which would subsequently auction off the land. The land would be sold to the highest bidder, who may be someone other than Wolff. Keep in mind that San Jose would still hold the final trump card as it was would have any final determination over what could be done with the land. As much as AT&T claims that its land is of paramount importance to its service delivery model, they’d have sold the land years ago if it could’ve been rezoned to medium-density residential as was considered a decade ago. In any case, Wolff seemed confident that he’d be able to get the land however Chiang’s office ruled. That ruling is due in the next couple of weeks.

The cynic in me looks at this trip with a simple explanation. Summer owners’ meetings are scheduled for next week, and while there will be more pressing matters on the agenda (Padres sale, national TV deals, Nats-O’s-MASN deal) it’s expected that there will be some sort of update on the A’s-Giants ongoing saga. What better way to look like you’re doing something than to have a couple of meetings right before the owners’ sessions? It seems unlikely that Selig will be able to render a decision or bring up a vote based on whatever new information was gathered based on the trip since it’s so fresh, so it’s just one more opportunity to kick the can down the road – at least until November. In the meantime, whatever’s happening to the A’s on the field can take precedence, and that’s not a bad thing at all.