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Joyce Clark Unfiltered

For "the rest of the story"

Feb 16

4

Glendale chooses AEG to manage its arena

Posted by Joyce Clark on February 4, 2016
Posted in Arizona Coyotes • City Council Actions • City issue and actions • City of Glendale • Gila River Arena • Glendale elected officials • Glendale finances  | Tagged With: , , , , , , , | 3 Comments

It has been 18 years and 49 days since the city’s pledge to build the West Branch Library.

The City of Glendale received 3 bids to manage its arena. The bids were from AEG Facilities, Comcast Spectacor and SMG. All are extremely reputable, large national companies, experienced in operating venues throughout the country. After senior management reviewed all 3 bids it recommended AEG to the city council. All of the discussion with council was done in executive session and the public is not privy to those discussions. On January 2, 2016 in its executive session council approved AEG and directed staff to negotiate a final contract over the next 60 days.

It is a very positive development. AEG can add another premier venue to its portfolio that is sure to benefit Glendale when AEG negotiates packages of venues with performers. It had previous experience operating the Gila River Arena from 2006 – 2009 and during that period it acquired some major performers: one that comes to mind is Bruce Springstein. It manages over 120 facilities worldwide and the majority is located in the United States.

What does that mean for the Coyotes? I, and many others, remain hopeful that AEG and IceArizona can negotiate a deal that benefits both. That still is the best option for all parties: the city, IceArizona and AEG. Anthony LeBlanc, an owner of IceArizona and its spokesperson, continues to play poker when discussing the situation with such recent comments as, “The good news is that all of the discussions we have had have been pretty open as have other organizations — be it the city of Phoenix or Tempe or Arizona State. Everybody has been pretty open that we have had discussions with and they have all been positive (www.arizonasports.com, Rodney Haas).” If this is his attempt to raise the ante with Glendale or AEG it doesn’t seem to be working. One has only to look back upon his previous history of blustery statements that were found to be less than forthcoming.

If the Coyotes are serious about moving there are still major hurdles to overcome. A new facility would not be available for at least 3 years. No matter whether is it Phoenix, Tempe or Timbuktu, pesky voters will have to be swayed to support the construction of yet another sports venue. Voters are becoming more discerning and will question the value of diverting precious tax revenue away from community needs and to another subsidized sports facility. In today’s day and age, it is not an easy sell as it once was.

Then there is the issue of location…location…location. Larry Feiner, a Coyotes fan, recently tweeted the results of an informal poll he did about the difficulty of the commute. His responses were split right down the middle, 50/50. Those fans who live in the east valley consider the commute to Glendale a hassle. Those fans who live in the west valley consider the commute to the east valley a hassle. The question for the Coyotes is will the ticket holders they pick up from the east valley offset the losses of west valley fans? All of the good will created among west valley fans could be lost. That is a question only the Coyotes will be able to answer. For the past 10 years the Coyotes have had a home in the west valley and it has served them and their fans well. It is a wonderful facility build exclusively for hockey. It is not to be dismissed lightly in a pique of anger because the city is no longer subsidizing losses to the tune of $15 million dollars a year.

I remain positive and believe that a successful accommodation can be achieved between all parties. Can the Coyotes?

©Joyce Clark,2016  

  FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Feb 16

1

Jerry Moyes and money

Posted by Joyce Clark on February 1, 2016
Posted in Arizona Coyotes • City of Glendale • Glendale finances  | Tagged With: , , , , , , | 6 Comments

It has been 18 years and 47 days since the city’s pledge to build the West Branch Library.

On January 29, 2016 the Wall Street Journal (WSJ) ran a story about Jerry Moyes entitled When a CEO Borrows on his stock by Ted Mann, Robbie Whelan and Theo Francis. For those who don’t know or may have forgotten, Jerry Moyes is the founder, chairman and former CEO of Phoenix-based Swift Transportation, one of the largest trucking companies in the United States. Moyes is also owner of the charter airline Swift Air and a marina at Lake Powell. Moyes is the controlling owner of SME Steel Contractors Inc., a steel erector company based in Utah. He was a majority owner of the Phoenix Coyotes of the National Hockey League before he filed bankruptcy and the team was sold to the NHL in 2009, and the Arizona Sting of the National Lacrosse League. Moyes is also a limited partner in the Arizona Diamondbacks, and was once a minority owner of the Phoenix Suns.

Moyes is a Glendale resident best known for his bankruptcy filing of the NHL Coyotes in a failed attempt to sell the team to Jim Balsillie, one time CEO of Research in Motion (RIM), makers of the Blackberry cell phone. As a result of these manoeuvrings the team was eventually sold to the NHL and then the NHL sold the team to IceArizona resulting in a $15 million dollar a year management fee paid by the City of Glendale until recently.

The story relates the fact that Moyes has borrowed heavily against his shares of Swift Trucking. Demands for additional loan collateral were made and three times Swift’s board has taken action beneficial to Moyes in dealing with his loans. The board policy had been that senior directors could pledge no more than 20% of their stock for margin loans. In 2013, the cap was lowered to 15% as of July 2014 and then lowered once again to 10% as of July 2015.  The board then amended the 10% limit from taking effect until the end of 2016. In 2015 Swift stock lost 52% of its value and as the stock value he had pledged as collateral declined he needed to pledge even more of his stock as further collateral.

However, his use of his stock as collateral exceeded the board’s limits. Other investors including the Teamsters’ Union are concerned with the board’s actions and accused Mr. Moyes of, “using Swift as his personal bank.”

According to the WSJ, “Swifts’ board is unusually small, just six members. To analysts of corporate governance, boards size matters: While too-large boards can be unwieldy, too-small boards can turn into echo chambers and foster an eagerness among directors to get along in the face of tough decisions.” It goes on to say, “the Phoenix-based company has just four independent directors, as defined by New York Stock Exchange rules. And one of those deemed independent, Mr. Dozer, spent years helping run a business that was partly owned by Mr. Moyes, the Arizona Diamondbacks. Mr. Dozer was the baseball team’s president from 1995 until 2006, and Mr. Moyes was a minority owner from 1996 until last year.” Hmm…It looks as if you own a company you can use it as your personal bank just a long as your close friends on a very small board approve.

© Joyce Clark, 2016

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Jan 16

29

Are there more Tohono O’odham casinos in the Valley’s future?

Posted by Joyce Clark on January 29, 2016
Posted in Casino • City issue and actions • City of Glendale • Gila River-Pima-Maricopa Indian Community • Glendale finances • Phoenix Metro issues  | Tagged With: , , , , , , | 4 Comments

It has been 18 years and 42 days since the city’s pledge to build the West Branch Library.

In reviewing documents related to the casino I came across an issue about which I had previously not paid much attention. In the transcript of the December 7, 2015 oral arguments before the U.S. Court of Appeals for the Ninth Circuit in the case of State of Arizona vs. Tohono O’odham Nation the judge asked both sides a series of questions. Here is the link:  http://cdn.ca9.uscourts.gov/datastore/media/2015/12/07/13-16517 .

At issue is the ability of the Tohono O’odham Nation (TON) to place all of its permitted casinos on unincorporated land (county islands) in Maricopa County. Pratik Shah, attorney for the Gila River Indian Community, said on page 4, “under their (TON) reading, they could simply move all four casinos to Phoenix because Phoenix is 50 miles outside of Tucson.”

On page 8 of the transcript Seth Waxman, attorney for the Tohono O’odham Nation (TON) stated, “Mr. Shah is quite correct that in general what the compact says is, the nation may game on any of its Indian lands including lands covered by Section 2719.”

Further evidence of the TO’s very likely intent to locate all of its casinos in the Phoenix Metropolitan Area can be found in the March 16, 2012 deposition of Daniel Quigley, a TON attorney who has represented either the TON or its entity, the Tohono O’odham Gaming Enterprise, almost continuously since 1993. His deposition was taken with regard to one of the numerous lawsuits. In this case, it was the State of Arizona vs. Tohono O’odham Nation.

A small tutorial on lawsuits is in order. Attorneys for either side can file motions asking that something be included or excluded or for a continuance. Prior to the actual trial there is a discovery phase. Each side can request documents and take preliminary testimony from potential witnesses in the form of a deposition. The attorney representing the side that requested the deposition does the questioning.

Mr. Quigley negotiated the state gaming compact on behalf of the TO. Since 2003 he has been general counsel of their gaming enterprise entity. When he joined the law firm of Rushing Lopez & Lizardi, PLLC., the TON followed him and is currently a client of this firm. He is also the attorney for Rainer Resources, a wholly owned TO entity. It was Rainer Resources which bought the land in Glendale in 2002 and held it until the TO made their 2009 public announcement of their plans to develop a casino in Glendale.

Mr. Quigley grudgingly gave up information and often claimed attorney-client privilege. However, some of his answers were very telling. On page 19 he is asked if the TON owns other properties. Based upon the following line of questions it appears that the TON already does own additional properties. The 64 dollar questions are where? On county islands? How many? That is information the TON did not and will not give up.

  1. Q. “Other than what I’ve already asked you about,  are there any other fee lands that the Nation has an interest in?”
  2. A. “Yes.”
  3. Q. “What are those?”
  4. A. “I am aware of the property that we’ve been referring to as the West Valley Resort property in this litigation.”
  5. Q. “Anything else?”
  6. A. “I’m sure there are, but I’m not familiar with them.”
  7. Q. “How can you be sure there are if you don’t know specifically what properties they are?”
  8. A. “My best guess is that the Nation owns additional real estate beyond those.”
  9. Q. “And what do you base that on?”
  10. A. “I believe in the past, I’ve seen records of fee ownership of land.”
  11. Q. “How many additional pieces of real estate, approximately, do you believe the Nation owns?”
  12. A. “I don’t know.”
  13. Q. “How many have you seen records of?”
  14. A. “I don’t know.”
  15. Q. “Can you give me an approximate number?”
  16. A. “A couple.”

Another line of questioning on page 65 deals with the Tohono O’odham never specifically mentioning the possibility of acquiring additional land in the Phoenix metro area to be put into trust for the purpose of gaming during the time that voter approval was sought for the state compact.

  1. Q. “Because everybody knew that casinos had to be located on the Indian lands of the tribe, and the tribe had specific Indian lands in the vicinity of Case Grande, Florence, and Gila Bend. And I’m asking you, when you referred to each of those three areas, did you mean to be referring specifically to Indian lands that the tribe already had in trust?”
  2. A. “No.”
  3. Q. “How would somebody involved in those conversations have known that you were referring to something more broadly than those specific lands that the Nation already had in trust?”
  4. A. “Because the vast majority of the people who were involved in those conversations would have understood the ability to acquire additional Indian lands.”
  5. Q. “And how would they have understood about the ability to acquire additional Indian lands?”
  6. A. “Most of them would have read the IGRA (federal Indian Gaming Regulatory Act).”
  7. Q. “But that doesn’t—the IGRA doesn’t give anybody any specific right to acquire additional Indian lands. Right?”
  8. A. “No, it does not.”

On pages 87-89 the line of questioning corroborates the TON’s belief that it can locate additional casinos in the Phoenix metro area. Mr. Quigley asserts the same belief that can be found in the above reference to the judge’s questioning of the TON’s attorney Seth Waxman in December of 2015.

  1. Q. “Is it correct that under the Nation’s interpretation of the Gila Bend Act (IGRA) and the compact, it could, if it so chose, and if this made economic sense, close all of its existing facilities and locate four casinos in the Phoenix market?”
  2. A. “With the exception of the limitation on a fourth facility, if the Nation operates four facilities, the compact has no limitations on where the Nation’s Indian lands it can place its facilities other than the mile-and-a-half restriction.”
  3. Q. “So if – if, for example, the Nation were to acquire under the Gila Bend Act (IGRA) and have taken into trust parcels of land that were – it’s understood if they were taken into trust, they would be on unincorporated land on county islands or directly across the municipal limits of Chandler, Mesa, Tempe, and Scottsdale, that would be acceptable under the Nation’s view of what the compact limitation are with respect to the location of facilities?”
  4. A. “What do you mean when you say ‘that would be acceptable’?”
  5. Q. That would be legally permissible. It’s the Nation’s position that that would be allowed by the compact?”
  6. A. “If the Nation acquired lands under the Gila Bend Act (IGRA) in the locations that you specified, and if those lands were taken into trust, and if those lands were eligible for gaming, then the compact, I believe would allow the Nation to conduct gaming on those lands, assuming they met the requirements of the mile and a half between facilities and the met the requirements for the fourth facility.”

Clearly both attorneys representing the Tohono O’odham Nation, Waxman and Quigley, hold the legal opinion and have counseled their client such that the TO can establish additional casinos in the Phoenix metro area. We know that the TO owns additional land in the area. We don’t know how much or where. It may just be a matter of time. If the TO prevail against the state in court and is granted a liquor license at the Glendale casino, katy bar the door…more casinos will come.

Did you know that there are approximately 200 parcels of unincorporated land (county islands) in the Phoenix metro area? The TO used a shell company to buy the land in Glendale and they could do the same to acquire additional parcels. Are you ready to have a casino near your neighborhood in Phoenix, Scottsdale, Tempe, Chandler, Gilbert or Mesa? It may happen.

The consequences of such action would be catastrophic. It would provide incentive needed by the state legislature to open gaming to non-Tribal entities. If they were to do so the state would receive sales tax, property tax, etc. from non-Tribal casinos. It makes the prospect very attractive at a time when revenues often times do not cover all of the state’s needs. Currently there is no tax per se paid by the Tribal casinos. Under the existent compact there is what is defined as “tribal contributions.” They are distributed as follows:

  • 12% distributed by the Tribes to the cities, towns and counties of their choosing for community services and public safety programs for local governments
  • The remaining 88% of the Tribes’ total annual contribution goes to the Arizona Benefits Fund on a quarterly basis and provides funding for the Arizona Department of Gaming and the Office of Problem Gambling. The remaining funds are distributed as follows:
  • 56% to instructional improvement for schools
  • 8% to trauma and emergency care
  • 8% to Arizona tourism
  • 8% to wildlife conservation

It would blow up the existent voter approved state Gaming Compact of 2002 and would make it very difficult to negotiate and to seek voter approval on a new compact as voters would be reluctant to rely on any public statements about its provisions. After all, it was sold to the voters with the promise that “there would be no new casinos in the Phoenix Metropolitan Area.” As Mr. Quigley stated on page 177 of his deposition, “I do not think it would be a fair statement to say that one could rely on any statements in there (referring to the 2002 voter information guide) as necessarily being correct.” If the TO has a bridge to sell, would you buy it?

© Joyce Clark, 2016

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Jan 16

18

Is light rail coming to Glendale?

Posted by Joyce Clark on January 18, 2016
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances  | Tagged With: , , , | 2 Comments

It has been 18 years and 32 days since the city’s pledge to build the West Branch Library.

Valley Metro has released its recommended route for light rail for West Phoenix/Central Glendale. It will be hosting two public information meetings this week. On Tuesday, January 19, 2016 from 6 PM to 8 PM there will be a meeting at the Washington Activity Center Multipurpose Room at 2240 W. Citrus Way, Phoenix and on Wednesday, January 20, 2016 there will be another meeting 6 PM to 8 PM at the Glendale Women’s Club, 7032 N. 56th Avenue, Glendale.

Here is their recommendation: West along Camelback Road from 19th Avenue to 43rd Avenue; North on 43rd Avenue to Glendale Avenue; West on Glendale Avenue; somewhere in the vicinity of 51st Avenue it will go north to Glenn Drive; West on Glenn Drive to 59th Avenue. There is no mention of whether the route would be light rail, express bus service or street car.

Recommended route

Recommended route

Funding would be:

  • Federal ………………………………………………………………………………. 50%
  • Regional sales taxes (Proposition 400) ……………………………..10-15%
  • Local sales taxes (Glendale GO transportation tax
  • and Phoenix Transportation 2050) ……………………………..35-40%

Should light rail or some form of express transportation come to Glendale? Without more information about its effects on Phoenix, Tempe and Mesa it’s difficult to make a decision. There are some factors that would seem to indicate that it’s time may have come. Glendale is the gateway to the rest of the West Valley. If Peoria and Surprise ever hope to have light rail in their communities it is only logical that it would have to route through Glendale. Westgate with the stadium and arena would most certainly benefit from light rail. Glendale is the 6th largest city in the state with 70-80% of its population commuting to work outside of Glendale.

Factors that work against it are its cost and the routing. Today the cost per mile is pegged at $70 million dollars. Federal funding would be about $35 million per mile. Regional sales tax would cover $7-$10.5 million per mile. Glendale through its Go Transportation Tax would have to pay $24.5-$28 million per mile. Since going northward on 43rd Avenue, a boundary street shared by Glendale and Phoenix, it is assumed that the two north 43rd miles would be a shared cost between the two cities. Glendale’s exclusive portion for which it would have to provide funding would be the two miles from 43rd Avenue west to 59th Avenue. That funding would presumably be funded by Glendale’s GO Transportation Tax.

In addition to sharing information about a possible route and the form of mass transportation it is incumbent upon the Glendale City Council to hold a workshop on exactly where the revenue would come from to support this project. Will it come to Glendale? Right now there is no definitive answer.

© Joyce Clark, 2016

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Jan 16

13

Burdick’s agenda…pandering

Posted by Joyce Clark on January 13, 2016
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Glendale's Fire Union  | Tagged With: , , , , , , , , , , | 6 Comments

It has been 18 years and 27 days since the city’s pledge to build the West Branch Library.

Not only are we entering the intense portion of the national political season with the election of a new President but Glendale politics will soon heat up. Several have taken out nomination petition packets which are due in the City Clerk’s office between May 2, 2016 and June 1, 2016.

Current Mayor Jerry Weiers and mayoral contender Mark Burdick have already taken out nomination petition packets as have Vice Mayor Ian Hugh (Cactus district) and current Councilmember Ray Malnar (Sahuaro district) who recently unseated Gary Sherwood in a Recall Election. Neither of these current councilmembers, as of this date, faces a challenger. In the Yucca district current Councilmember Sammy Chavira has not taken out a nomination petition packet. Nor has anyone else.

On January 8, 2016 KJJJ radio aired interviews centered on the topic, “Is Glendale Bouncing Back?” It was a strange exercise as apparently Burdick had been interviewed by the station before talking to senior staff and Mayor Weiers and Vice Mayor Hugh. The consensus of senior staff and the Mayor and Vice Mayor is that Glendale has recovered but not completely. All felt there was more work to be done to achieve the holy grail of complete financial stability for Glendale. All believe Glendale is well on its way to doing so.

It was what mayoral candidate Mark Burdick said in this story that will trouble many. “Burdick said the fire department needs more resources to reduce response times. The police department needs more detectives in north Glendale.” Despite the published fact that Fire Department response times have not increased in the past 5 years.

Everyone should be concerned that Burdick’s major agenda is throwing more money exclusively into the Fire Department. Burdick has acknowledged that the city is not in full financial recovery yet he is willing to take dollars…from somewhere…probably all other city departments…to throw to his favorite department…the Fire Department. What would one expect from a man who retired as Glendale’s Fire Chief? What else would one expect from a candidate who is counting on the tremendous financial and manpower support of the fire unions to try to capture the mayoral seat? He will owe them big time.

With regard to calling for more detectives in north Glendale Burdick is simply pandering to voter strength. It is no secret that the 3 north Glendale districts (Cholla, Sahuaro and Barrel) outvote the 3 south Glendale districts (Cactus, Ocotillo and Yucca) by a margin of 3 to 1. If he attempts to capture the majority of the voters in the 3 north Glendale districts he is going to have to promise them some goodies. Is it any wonder that he made a call for more detectives in north Glendale when more police personnel are needed throughout the city? It’s merely the first of what may be many goodies for north Glendale.

There is no doubt that every Glendale department is stretched thin as Glendale continues its path to full financial recovery. There is no doubt that every department has needs to be met. Allocating more money to the fire department must not occur at the expense of the many needs throughout Glendale.

The Fire Department and the Police Department must be thoroughly scrutinized under zero-based budgeting. Zero-based budgeting requires each department to begin with zero dollars and to justify the need for every dollar allocated to it. Explaining what dollars are needed and where they will be utilized provides openly transparent public knowledge to every Glendale taxpayer that must foot the bill.

Be careful of Burdick’s promises. His advisors, such as Julie Frisoni formerly embroiled in alleged shenanigans related to the $15 million dollar a year Coyotes contract, appear to be a very slick bunch not above promising those things that will garner him votes and using whatever dirty tricks are at their disposal. All signs point to a fierce fight for the mayoral seat and the fight has just begun…

© Joyce Clark, 2016

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Jan 16

11

Neighborhoods with Broken Windows

Posted by Joyce Clark on January 11, 2016
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Glendale zoning issues  | Tagged With: , , , , , , , , | 2 Comments

It has been 18 years and 25 days since the city’s pledge to build the West Branch Library.

Let’s talk about Glendale’s neighborhoods. Some are great. I live in a great neighborhood. Some Glendale residents do not live in a great neighborhood. Marginal neighborhoods are most generally to be found in Glendale’s Cactus, Ocotillo and Yucca districts…southeast, south and southwest.

When I was elected as the first Yucca district councilmember in 1992 (the first year of full implementation of the district system in Glendale) one of my very first actions was to invite the City Manager Dr. Vanacour, Assistant City Manager Pam Kavanaugh, and senior management (especially department directors) on a van tour of my district ending with a picnic lunch at O’Neil Park. I heard a lot of “oh mys” during the tour and when we reached O’Neil Park some needed to use its restrooms. I never saw so many people do such a quick about face opting to wait until they returned to City Hall.

My reason for this tour was that I recognized that while city resources had been used exclusively in north Glendale to support the development of the Arrowhead area it was done at the expense of the rest of the city. That figure has been pegged as north of $80 million dollars. I wanted Glendale’s senior management to refocus and to appreciate the desperate needs of some of Glendale’s oldest, long ignored neighborhoods.

Most people have heard, at one time or another, of the Broken Windows Theory.  Roughly it states that problems, if not dealt with as soon as they occur, become much worse. That is what was occurring not only in my district but in the Ocotillo and Cactus districts as well. I believed it was time for senior staff to redirect resources to stop the decay created by years of ignoring problems.

As a result of that tour then City Manager Dr. Vanacour and Assistant City Manager Kavanaugh championed my cause and developed plans to refocus on older neighborhoods. So was born the Neighborhood Partnership Program including Neighborhood Partnership Grants. It was not all that I envisioned but it was a start and committed the city’s agenda to redressing conditions in distressed neighborhoods.

As a councilmember I was often the bane of existence for the city’s Code Compliance Department. It was not uncommon for me to drive around neighborhoods making lists of code violations. I often took my council assistant with me so that she could write down addresses and violations at a jackhammer pace. I would turn my lists into Code Compliance and request periodic reports on the disposition of violations. I took the time to ride herd on the department and to require accountability.

Are there any current councilmembers that do this kind of proactive work in their district neighborhoods? I suspect not. There is a new breed of councilmember these days. At workshops and council meetings a smattering of questions sometimes surface but they are superficial at best. Once in awhile a genuinely insightful question will surface, usually from Councilmembers Turner, Tolmachoff or now, Malnar. Councilmembers Aldama’s and Chavira’s shtick is to thank everybody and his brother for everything. Vice Mayor Hugh and Mayor Weiers are often silent. Do any bother to research or do their homework on issues coming before them? Probably not…unless it’s a major public issue like the billboard controversy. Do they have neighborhood meetings…not once or twice a year district meetings but neighborhood meetings of 15, 20 people from a neighborhood where city issues are explained and neighborhood problems emerge? Probably not.

Genuine service to the community seems to be a thing of the past and when it is requested it is performed by a council assistant…not a councilmember. One of Councilmember Aldama’s constituents has been sharing the problems of her older neighborhood with me for the past year. She requested Aldama’s assistance. He was non-responsive and passed her off to others. When she directly requested assistance from Code Compliance she finally received some help. Was it all that she expected? No but it was a start. If Aldama had taken the time to intervene the assistance she received might have been even more robust.

This new crop of council assistants have no historical memory of Glendale, may not even live in our community and seem to have no investment in working with neighborhoods. Their focus seems to be political rather than service oriented.

We appear to have a council that attends requisite meetings and generally accepts all recommendations from staff; attends ribbon cuttings and events; goes to League of Cities and Towns meetings; and remains distant from the residents they serve.

The city also had a scalloped street program that used resources to finish partial streets and to add curb, gutter and sidewalks in areas where the streets had been ignored for years. Then the Great National Recession hit and all disappeared…the scalloped streets program, the Neighborhood grants program and the Neighborhood Partnership Program became toothless. Neighborhoods are once again ignored in the city’s quest to regain financial stability. That is understandable…to a point. Now the city is on the road to economic recovery. While the focus is on Glendale’s finances it can no longer be used as a rationale to ignore the basic issues confronting neighborhoods. I challenge senior staff and the city council to once again make neighborhoods a priority. Remember Broken Windows. If a problem in a neighborhood is ignored it will only get worse. Any city, even Glendale, is only as great as its meanest neighborhoods. Ignore them at your peril.

© Joyce Clark, 2016

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This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Jan 16

9

Coyotes…stay or go…in Glendale?

Posted by Joyce Clark on January 9, 2016
Posted in Arizona Coyotes • City Council Actions • City issue and actions • City of Glendale • Gila River Arena • Gila River-Pima-Maricopa Indian Community • Glendale elected officials • Glendale finances  | Tagged With: , , , , , , , , , | 2 Comments

It has been 18 years and 23 days since the city’s pledge to build the West Branch Library.

Over the holidays there wasn’t much news about the Coyotes. Now that we are in a new year on January 7, Paul Giblin had a story in the Arizona Republic citing the results of a recent poll on the subject of a Coyotes relocation. Here is the link: http://www.azcentral.com/story/news/local/glendale/2016/01/07/poll-arizona-coyotes-should-stay-gila-river-arena-glendale/78314406/ . He reported, “Approximately 54 percent of frequent voters in Maricopa County surveyed believe the Coyotes should remain at Gila River Arena in Glendale, according to the poll that was conducted Dec. 29 for Phoenix-based public-relations firms MBQF Consulting and Marson Media.”

The problem for any other governmental agency attempting to locate the Coyotes will be to garner enough public support to pay for yet another very expensive sports facility. Thirteen years ago, in 2002, the cost to build the Gila River Arena was about $180 million dollars. The cost today to build the same type of facility has exploded. It is expected that the cost would be in the $400 million dollar range. The sixty four dollar question is can enough public support be generated in some other Valley community to use precious and scarce taxpayer dollars?

Public support would probably be found if the economy was booming and world affairs were stable. That is not the case. The economy staggers along as the middle class continues its death spiral. The general public fears more ISIS inspired events on our soil as the Middle East explodes into further turmoil while China’s stock market takes a dive and North Korea’s bomb tests reminds us that we, as a nation, are vulnerable. This is not an environment that is conducive for public sentiment to use taxpayer dollars on yet another sports facility.

Anthony LeBlanc, one of the Coyotes’ owners and apparent Public Information Officer, has had to walk back some of his previous assertions about the Coyotes.  He has hired a sports consultancy firm to assist him in his quest for a new location. It seems likely that a location in any other Valley municipality will be very difficult, if not impossible, to achieve. His only hope may be can he cut a deal for another new facility funded and built by the Gila River Pima Maricopa Indian Community? His refusal to bid for management of the Gila River Arena may come back to haunt him.

Which leads to another bit of recent news. The City of Glendale received 3 bids to manage its Gila River Arena submitted by AEG Facilities, Spectra by Comcast Spectacor and SMG. All three are “big guns” in the sports management business. All have the experience and knowledge required to successfully manage Glendale’s arena. Currently the bids are TOP SECRET. In the next few weeks Glendale’s senior management staff and city council will each receive separate briefings regarding the specifics of each proposed bid. This management deal is more complicated because the Coyotes will play in the arena for another season and it is expected the chosen management company contract would begin this July 1, 2016. That means that the preferred management company and the Coyotes would have to negotiate revenue streams for one year of Coyotes occupancy. There is always the remote possibility that a deal could be crafted comfortable enough for the Coyotes to create an incentive for them to stay at the Gila River Arena beyond their final year.

The city council may be ready to vote on an arena manager as early as February 9, 2016. If a vote is not taken around that date expect that one of the bids is in further negotiation before final acceptance. The public, as is the case with mushrooms, will be left in the dark and fed horse manure. There is no opportunity for public input in this process. While everyone understands the theory of representative government they also understand the theory of transparency. It seems that once again “father knows best” trumps the public’s right to know.

© Joyce Clark, 2016

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Jan 16

7

A tale of two parks

Posted by Joyce Clark on January 7, 2016
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale finances • West Branch Library  | Tagged With: , , , , , | 4 Comments

It has been 18 years and 21 days since the city’s pledge to build the West Branch Library.

In 1990 Glendale’s population was approximately 151,449. Two years later, in 1992, Glendale implemented a full council district system of representation with 6 council districts of approximately equal populations. At that time each district would have had about 30,000 residents. The geographical size of the districts varied to accommodate equal population distribution.

A little history is in order. In the late 1970’s to mid 1980’s the Hunt brothers, billionaires from Texas, had acquired most of the land we know today as Arrowhead. They intended to master plan and develop the entire area. In support of their plan Glendale built a water treatment plant to accommodate the anticipated population growth. Disaster struck. The Hunt brothers attempted to corner the precious metals market, especially silver. Paul Volker, Chairman of the Federal Reserve, brought their scheme to an end and by the late 1980’s the brothers were convicted of manipulating the market.

What was Glendale to do? It had invested a great deal of money in a water treatment plant now sitting idle. It took on the task of master planning the area and investing millions in developing the infrastructure of the area while ignoring the needs of the rest of the city. It also reserved a substantial parcel of land for what would become Foothills Park. It paid the Hunt brothers for the water treatment plant it had built. In essence Glendale paid twice for the very same plant.

Developers began building homes in the area. With the mayor of Glendale residing in the Arrowhead area it didn’t take long for resources to flow into development of Foothills Park and within 8 years the area also had its branch library, the Foothills Library. In 1998 the Foothills Aquatic & Recreation Center and the Western Area Regional Park had been placed on the city’s Capital Improvement Program (CIP).

Southwest Heroes Park

Southwest Heroes Park

By 1998 the city has made a commitment to a Recreation & Aquatic Center in Foothills Park and the development of the Western Area Regional Park (known today at Heroes Park) with a branch library, its very own Recreation & Aquatic Center, baseball fields, an urban fishing lake, a dog park, ramadas, basketball courts and a skate area. By 2007 Foothills Park had its Recreation & Aquatic Center. What did the Western Area Regional Park have? It had $6 million dollars diverted from building its branch library to building the Public Safety Center. It had some basketball courts and a

Northeast Heroes Park

Northeast Heroes Park

zero splash pad. The skate area and ramadas were built after 2007. The skate area sits idle…vacant…growing tumbleweeds. The ramadas were built because they generate rental income. They are used heavily. Since its arrival in 1998 on the city’s CIP there is no branch library, no Recreation & Aquatic Center, no baseball fields, no urban fishing lake, and no dog park. Only 20 acres of the total park acreage of 88 acres has been developed.

Skate Court at Heroes Park

Skate Court at Heroes Park

Splash pad

Splash Pad at Heroes Park

Make no mistake…I am as mad as hell. Over the past 18 years there has been a deliberate and concerted agenda by previous city councils to ignore the development of this park. Today with the exception of Mayor Weiers and Councilmember Turner it remains ignored and neglected. Through Mayor Weiers effort to call attention to this park this year 83rd Avenue north of Bethany Home Road (the western boundary of the park) will see road improvements in the form of curb, gutter and sidewalk. A bone to be sure but it is something. At some point a modular building will be erected, one tenth the size of the planned branch library, to serve as this area’s library. Another bone to be sure.

Senior staff is also responsible. This park is not part of their agenda either. When the city very recently decided to buy the Pendergast land for $22 million dollars not surprisingly Tom Duensing, Interim

Ramadas at Heroes Park

Ramadas at Heroes Park

Assistant City Manager and Director of Finance, found the debt capacity to accomplish this purchase. When it comes to this park’s development he wrings his hands and says there is no money and no debt capacity. I call on him to be financially creative and to find a way to increase the city’s debt capacity to cause further development of this park. I call on this city council to make meaningful development of this park a priority. One sixth of the city’s population remains ill served without any of the amenities that can be found throughout the rest of the city. To this day only 20

In the shadow of the University of Phoenix Stadium at Heroes Park

In the shadow of the University of Phoenix Stadium at Heroes Park

acres of the total park acreage of 88 acres has been developed. It is a travesty, shameful and embarrassing that the city has a major, regional park three quarters of which grows tumbleweeds.

 

 

 

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Dec 15

3

Coyotes in a pickle

Posted by Joyce Clark on December 3, 2015
Posted in Arizona Coyotes • City issue and actions • City of Glendale • Gila River Arena • Glendale finances  | Tagged With: , , , , , , , , | No Comments yet, please leave one

It has been 17 years and 336 days since the city’s pledge to build the West Branch Library.

It seems that Thanksgiving got in the way of much blog writing recently. I hope your Thanksgiving Day with family and friends was enjoyable. I hope you ate too much, laughed too much and watched too much football.

It was announced that the Coyotes hired Mitchell Ziets, CEO of Tipping Point Sports, LLC, to assist in an exploration of options for the team including a move to another venue from the Gila River Arena in Glendale. Let’s explore the reality of this option.

In a November 2, 2015 story by Craig Morgan several possible venues are offered for consideration by the Coyotes. Here is the link: http://arizonasports.com/story/436156/coyotes-in-discussions-with-at-least-three-separate-groups-for-new-valley-arena/ .

In his story Morgan offers this comment from Anthony LeBlanc, “At some point you have to make a decision that you can’t continue to talk to a wall, Coyotes co-owner, president and CEO Anthony LeBlanc said. You have to accept reality and look at what your alternatives are. That’s where we are right now.” From the time LeBlanc’s group, IceArizona, commenced its deal with Glendale for the use of its arena the Coyotes simply refused to talk to and to share information with Glendale. They were decidedly off the reservation. It has only been since the new, two-year deal was inked that IceArizona has decided to play nice with Glendale.

IceArizona may very well leave Gila River Arena in two years but options to play elsewhere in the Valley are more limited than current speculation would lead one to believe. LeBlanc admits to “conversations” with Phoenix about the possibility of a shared arena with the Phoenix Suns. Out of curiosity I checked the 2015-2016 playing schedules for both teams. Here are some comparisons:

                                                            Phoenix Suns                 Arizona Coyotes

Season                                                10/28/2015-4/13/2016     10/9/2015-4/13/2016

Number of total games                                     82                                        82

Number of home games                                   40                                        41

Out of the 40+ plus home games each team plays at its current venue, if they currently played at the same shared venue, 12 playing dates would conflict. That is ¼ or 25% of their home games. To be fair, we know that can be remedied by the leagues with a gnashing of teeth and the pulling of hair. It has worked before when the Coyotes and Suns shared a venue. One would think the Coyotes fans have warm memories of their experiences in sharing a venue with the Suns and are eagerly looking forward to do so again.

In a recent December 2, 2015 Paul Giblin story in the Arizona Republic, he cites issues that Phoenix would have to consider. Here is the link: http://www.azcentral.com/story/news/local/glendale/2015/12/02/arizona-coyotes-arizona-cardinals-wont-bid-manage-glendale-gila-river-arena/76564718/ .

  •  How much would a new arena cost? The Milwaukee Bucks’ planned new arena is pegged at $500 million.
  • How much would be privately funded? How much publicly funded? Would the public-funding source be municipal, state or some combination?
  • Can voters be sold on the idea of picking up any portion of the bill?
  • Where specifically would an arena be built?
  • When would it open?
  • Can the Suns and Coyotes work out an agreement to split revenues?

Let’s look at other possible venues. Tempe and/or Scottsdale are possible candidates. Would the voters of Tempe and/or Scottsdale approve the construction of a $180 million dollar building (cost of Gila River Arena construction in 2005) and agree to subsidize, year after year, a team that is not profitable? Remember those who do not read history are doomed to repeat it. I would think many voters would be very aware of Glendale’s history and that could certainly cause them to think twice about such a proposal.

Arizona State University has been mentioned as well. ASU receives substantial funding from the Arizona State Legislature. It is conceivable that a majority of legislators may balk at the idea of state taxpayer money being used to subsidize a for-profit company.  If ASU can fund and subsidize such a project with new, private dollars and not divert private dollars already committed for existent programs then it is possible. But wait, didn’t ASU Hockey just commit to playing its games at Gila River Arena? If that is the case, wouldn’t ASU have to build a new venue?

The last location on the menu of possibles is Talking Stick. That is certainly do-able. An Indian reservation is not subject to federal, state, county or local laws. The tribe is free to build what it wants to build on reservation land.  One has to wonder if this tribe would be willing to invest in the construction of another major venue as well as subsidizing the team in perpetuity.

There was an interesting article published on October 20,2015 by the Flordia’s Sun Sentinel regarding the NHL Florida Panthers and a Broward County proposed deal. Here is the link: http://www.sun-sentinel.com/local/broward/fl-panthers-subsidy-debate-20151020-story.html .

In some ways their deal is like comparing apples and oranges for Broward County has a population of 1.87 million people and includes 24 cities. That in itself is much different from Glendale’s population of approximately 240,000 and the fact that it is one city having to deal with a hockey arena. Some elements of their proposed deal are eerily similar to the Glendale/Coyotes deal. As of this date their deal has yet to be approved but here are some of the deal points which would expire in 2028:

  • The Panthers would continue making $5.3 million annual debt payments toward the county’s $15.3 million obligation.
  • Receive $86 million from the county, or $6.6 million a year on average, but in a schedule of front-loaded payments that starts at $12 million a year. Of the total, $39 million must be used for capital expenses at the arena, $45.5 million for operating expenses like paying the electric bill or property insurance, and $1.5 million to lure a “high impact event.”
  • Provide an irrevocable letter of credit to protect the county’s financial investment if the team defaults, files bankruptcy or relocates.
  • Grant the county development rights on land surrounding the arena, where a mixed-use entertainment complex could be considered.
  • Share proceeds with the county if the NHL expands between 2015 and 2021 and gives teams expansion proceeds. After the Panthers’ losses are covered, the county would get the remainder of the one-time expansion payment.
  • Give the county 10 percent of profits if the team, made more valuable by this new deal, were sold.
  • Give the county authority to approve where the money for capital projects is spent, and authority to replace the Panthers’ Arena Operating Company with another arena manager if needed.
  • Allow the Panthers to get out of the contract in eight years if it’s not working out. They’d have to give a year’s notice, show losses of $100 million over seven years, and pay a termination amount. For example, if the Panthers leave in year 8, they’d pay back the full $72 million the county would have given them by then.

No matter where the Coyotes end up in the Valley, whether they remain in Glendale or move to another location, their quest to be subsidized by a governmental entity is surely a public policy question deserving of much public discussion. The people of any city have a right to weigh in on the question of their tax dollars being used to subsidize a private, for-profit company.

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Nov 15

11

Welcome to Glendale’s newest Councilmember Ray Malnar

Posted by Joyce Clark on November 11, 2015
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances  | Tagged With: , , , , | 3 Comments

It has been 17 years and 314 days since the city’s pledge to build the West Branch Library.

Tonight, November 10, 2015 Ray Malnar was sworn in as Glendale’s newest councilmember representing the Sahuaro district. Gary Sherwood is definitely gone and to be forgotten. Councilmember Malnar, in his acceptance speech, set just the right tone. It was positive and hopeful as he suggested that Glendale can have better days ahead.

Many people have said that there are apparently two more sleazebag councilmembers that need to hit the brick road…Councilmembers Chavira and Aldama. Councilmember Chavira is up for reelection in 2016 and Councilmember Aldama faces reelection in 2018. We’ll see what the future holds for both.

I wanted to share an Arizona Republic news story by Chris Coppola. In it Coppola reports that Chandler is starting its search over again for a new city manager. Here is the link:

http://www.azcentral.com/story/news/local/chandler/2015/11/06/chandler-city-manager-search-starts-over/75235616/ .

Kevin Phelps, under consideration as one of two finalists for Glendale’s position of city manager, was one of the five finalists for city manager in Chandler ultimately rejected by their city council.

Let’s hope Glendale has the strength of fortitude exhibited by its sister city, Chandler, and rejects its two finalists and starts over. Glendale’s consultant, Slavin, did a poor job of securing candidates for the city. If Chandler can start over, so can Glendale. Glendale deserves better.

For the better part of an hour Glendale’s city council rubber stamped every agenda item. Not one agenda item was pulled for further questioning. Yet we know that while some of the items may have been “of a routine nature or discussed in workshop,” that was not the case with every agenda item. They appeared to show very little interest in the items they approved and on several occasions Mayor Weiers seemed to practically plead for some council input on anything. It was disappointing and literally painful to watch. Has this council slipped back into the modus operandi of previous councils?

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

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