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Joyce Clark Unfiltered

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Glendale Star…sad, sad, sad

Posted by Joyce Clark on June 26, 2013
Posted in Jobing.com arena  | Tagged With: , , | 2 Comments

newsIt is truly sad when a local newspaper such as the Glendale Star will report ridiculous stories simply to “gin” up its readership and that is exactly what they have done. In an “exclusive” article by Darrell Jackson, updated on June 25, 2013 entitled Proposal gives city option to purchase the Coyotes it is reported there is a company that had reached out to and would work with the city to buy the Coyotes ala the Greenbay Packers. Here is the link but please consider not going there. Reading this inane article will just warm the cockles of the editor’s heart and perhaps encourage more of this!

http://www.glendalestar.com/news/article_fa5c1c68-dab5-11e2-9599-001a4bcf887a.html

greed 1It is a travesty of journalistic reporting when if one had taken the time to fact check one can read the NHL By-Laws to find out that it is not possible. Add to that an NHL statement from a few years back, when the idea first surfaced and quickly died, that categorically denied the viability of that strategy.

We know the Glendale Star is trying to compete with the big boys but this reporting ranks right up there with their expectation of finding a pot of gold in City Hall as a by-product of the $500,000 city audit.

While there may have been an email proposing such a scheme it would have been rejected by the staff immediately knowing the NHL’s position on the issue. That’s why the mayor has said he has not seen such a proposal. Bringing it forward would have been a waste of time and resources.

Readers would like, although they often do not get, reporting that is fair, accurate, unbiased and based upon the facts not fantasy designed to titillate its readership.

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hidden agendaThis week, June 24-28, 2013 there are 3 city council meetings scheduled. First up is a Special workshop meeting at 1:30 PM today. It consists of Executive session (Esession) items only, meaning a secret session. We all know the topic of discussion is the Renaissance Sports and Entertainment (RSE) bid for arena management. It has been reported that the details of the bid may be released on Wednesday, June 25th. The only reason for this meeting is because RSE and the city (COG) are still negotiating the terms of the deal. There would only be two outcomes: 1. the council has accepted the terms and is comfortable with them or 2. the council still has issues with the final terms. Either way, this council has signaled that it is ready to put this issue to bed and vote on it on July 2nd. Keep in mind that just because the RSE bid has finally made it to a voting meeting does not insure a positive outcome. What it does signal is that the council is ready to vote, up or down, RSE’s bid and be done with the issue.

gambling 2The evening meeting (voting meeting) of July 25, 2013 has 3 financial items of interest. The first, Item #8 is prepayment of $5.6M of General Obligation bonds (usually paid for from the city’s secondary property tax collection) by the Water and Sewer Enterprise Fund. This is an interesting strategy and may free up General Obligation bond capacity for future bonding…on what? We can only wait and see.

man moneyThe second item, Item #26 is Authorization for Lease Financing of the City Hall Complex. In 2010, the city had to pay the NHL $25M to run the arena. This $25M has been paid to the NHL. Here’s where the money came from:

  • $21M loan from the city’s Landfill Fund
  • $4M loan from the city’s Sanitation Fund

In 2011, with the Coyotes ownership issue still not resolved, the city agreed to pay the NHL a second $25 to operate the arena. This $25M is still being held in a city escrow account. Here’s where that money came from:

  • $15M loan from the city’s Water and Sewer Fund
  • $2M from the city’s Technology Replacement Fund
  • $3M from the city’s Vehicle Replacement Fund
  • $5M to be paid with an unidentified source to NHL

This lease-back deal will replace:

  • $15M loan to the City’s Water and Sewer Fund
  • $4M to the city’s Sanitation Fund
  • $2M to the city’s Technology Replacement Fund
  • $3M to the city’s Vehicle Replacement Fund
  • $5M whose source had been unidentified and unfunded to pay the last of the NHL’s second $25M
  • $1M as a new project to upgrade the city’s Human Resources software

As you can see, that leaves 1 loan payment outstanding and that is the $21M loan from the city’s Landfill fund. That $21M is part of a reserve account to cover landfill closure. Since the landfill is not anticipated to close for 30 years, the city can afford to repay this reserve account over the next 30 years. Is this a good strategy? Yes, it is. It replenishes those Funds so that they can once again operate effectively and gives the city some breathing room to pay back those costs associated with the NHL’s operation of the arena for 2 years. It is a strategy that hopefully this council will approve.

The last item, Item #27 is an increase in rates, primarily to commercial customers for roll-off bins and disposal rates. The rental cost of a roll-off bin increases from $160 to $175 and the disposal fee per ton increases from $18 to $20. These are fees that have not been adjusted in quite some time. As usual, when there are rate increases, it becomes a double-edged sword. As the rates go up, the number of customers may decrease dependent on market competition by private sanitation companies. Nevertheless it is an increase long overdue.

budget 3The third and Special Meeting is scheduled for June 28, 2013. Do not look for a vote on the Coyotes unless this meeting agenda is changed and posted by 5 PM on Wednesday, June 26th. . The city, by law, must have its tax increasefinal adoption of Fiscal Year 2012-13 Budget Amendments and the Fiscal Year 2013-14 Property Tax Levy before July 1, 2013. These items satisfy that legal prescription and will be largely unnoticed by Glendale residents due to its final adoption on a Friday morning at 9 AM. The other two items, fire-related for strength training and medical transport, were added simply because they could be at this meeting.

There you have it. Three meetings scheduled. Only one of which is the Coyotes ownership issue and we are not privy to its goings on. The other two meetings deal with financial issues created by or related to arena management.

deadline 1The finale of the Coyotes ownership RSE bid is still scheduled for July 2, 2013. Are there 4 affirmative votes? Only the councilmembers know or think they know. If RSE still wants $15M a year as the management fee and cannot or will not guarantee a minimum of $9M in “enhanced revenue streams” to the city this council may find it a difficult deal to swallow. Are we about to experience deju vu? The very mechanics of the deal could cause the Goldwater Institute to reappear. I suspect they are watching very, very closely. Then there is Ken Jones and his ilk who absolutely hate anything Coyote related. Could they mount another referendum drive? Yes, they could and would just to stall the deal. After all, how long will Fortress Investment Group leave an open-ended loan available to RSE?

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Time for another pond update! The pond water, despite temperatures of over 100 degrees in Arizona, remains clear enough to enjoy watching the fish feed every evening. We find ourselves spending about an hour every evening watching their antics.

Water clarityWe also have Gambusia (Mosquito fish) in our pond. The females grow to about 2” to 2 1/2” and the males are about 1 1/2”. They live for a year, year and a half. They breed prodigiously and breed at least 2 times during our summers. They are our “canaries in the coal mine.” If something is going to happen to the water quality, they will die off first. So far, so good. No losses of Gambusia, Goldfish or Koi.

FeedingThe hula hoop aka feeding ring is working. It now sits about a foot from the edge of the pond, over the fish cave. The big fish, being ever wary, took a few days to get used to being so close to us but now they all come into the ring to eat.

Hand feeding 2Hand feedin 1We find that the littlest Koi are very curious and will come over and check out our legs when we are working in the pond. So the other day we decided to try to hand feed them. No problem! They readily came over and joyously ate to their hearts’ content without being bothered by the big guys.

Globe 1The Aqua-Sphere that we purchased several weeks ago is not a hit…yet. When floating food is placed within it the Gambusia will readily enter and eat the food. The Koi want no part of it so far. We have also discovered that it has to be taken down and cleaned about every 2 weeks. Since we get so little rain in Arizona it becomes quite dusty on the outside and whatever algae is in the pond tends to collect within it. We will hang in there for awhile longer, waiting for cooler weather to see if that makes a difference.

Yerba ManzaWe also did some work around the pond. We have discovered that Yerba Manza is almost weed-like (or else it really likes our pond environment). So we ruthlessly cleaned it out and ended up with at least 3 large trash bags of cuttings and root balls and still have plenty left around the pond.

In July I will be in California and plan to visit Andrews Koi International in Anaheim and the Laguna Koi Ponds in Laguna Beach. I plan to take plenty of photos and will share them here. I have also visited EBay’s auction site and checked out the Koi that they auction on that site. So far I have not been successful in acquiring a fish because I often forget to go back and check my bid status. I do not want to pay “an arm and a leg” for a fish when the shipping charge for overnight is $35.00 so I tend to be a very cheap bidder!!

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When the original Arena Management docs were signed and recorded in November, 2002 I made sure to keep them. After all, one did not know if and when they would come in handy for reference or review.

Part of the RSE deal is rumored to include a parking fee. Did you know that you already pay a parking fee and a base recovery fee? If you look at the fine print on your ticket it says, “Included in the face value of this Ticket is a $2.80 City Parking Fee, a $1.55 Base Recovery Fee, and other fees when applicable. Fees are subject to change without notice.”

The original 2002 Arena Management docs had established these fees for the city and currently every ticket purchaser pays a total of $4.35 in fees. Under Article 7. Arena Accounts. Section 7.7 City Parking Fee Account it states the following: “The Arena Manager shall, prior to the Operations Start Date, establish and maintain (for the benefit of the City) one or more trust accounts (requiring the signature of only the City for withdrawals) at a federally-insured institution(s) having offices in the State of Arizona for the deposit and disbursement of City Parking Fees ( the “City Parking Fee Account”), and shall make deposits into the City Parking Fee Account as required by Section 8.1. Interest earned on amounts held in the City Parking Fee Account shall not be Operating Revenues and shall be the property of the City. The City may make withdrawals from the City Parking Fee Account at any time and from time to time in the City’s sole discretion.”

Article 7. Arena Accounts. Section 7.8 Arena Recovery Fee Account is also established.

In Article 8. Parking: Arena Recovery Fees. Section 8.1.2 (e) states in part, “The City Parking Fee shall be in the amount of Two Dollars and Forty-Five Cents ($2.45) per Qualified Ticket with respect to each Fee Activity (for which the City has not waived the City Parking Fee) That occurs during the Fiscal Year in which the Operations Start Date occurs or the first full Fiscal Year thereafter, and shall be increased by Five Cents ($0.05) for each and every Fiscal Year thereafter, beginning with the second full Fiscal Year after the Fiscal Year in which the Operations Start Date occurs, $2.55 during the third full Fiscal Year after the Fiscal Year in which the Operations Start Date occurs, and so forth).”

Article 8. Parking: Arena Recovery Fees. Section 8.2.(d) states in part, “The Base Recovery Fee shall be in the following amounts:

(i)                  For the first sixty (60) months after the Operations Start Date, $1.00 per Qualified Ticket;

(ii)                For the 61st through 120th months after the Operations Start Date, $1.50 per Qualified Ticket; and

(iii)              Commencing with the 121st month after the Operations Start Date and continuing for each month thereafter until the last month of the 30th Full Hockey Season after the Home Game Obligation Effective Date, $2.00 per Qualified Ticket.”

Until I left office on January 15, 2013 neither I or the rest of council were ever told by staff that the city is no longer collecting those fees. To the best of my knowledge ticket holders are paying $4.35 in fees on tickets. Just thought you’d like to know the facts.

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Sherwood

Councilmember
Gary Sherwood

Here is the transcription of Councilmember Gary Sherwood’s Sports 910 radio interview of Wednesday, June 19, 2013. There is no transcription of the last question asked as it was related to the Cardinals. There is no commentary offered. His words speak for themselves.

Radio Question 1 (RQ 1): “What got accomplished if anything last night, Gary?”

Sherwood Response 1 (SR 1): “Pretty much went the way I had anticipated. For most of the could they were seein’ some of the deal points for the first time. You know, had discussion on ‘em and I think there’s a lotta good that came out of it. I think there’s couple of things that had to go back to the Renaissance. I think they’re very doable. I think we’re waiting right now to get those things in writing and then there’s another meeting scheduled for Friday morning. Hopefully we’ll have consensus to take that to a public meeting. My concern, you know, was that we give the public time to vet this. So even though there’s a place holder meeting for the 28th of June there could also be one on July 2nd. So, we’re sittin’ here on the 19th, we’ll discuss this again on the 21st. If we’re good to go on it in terms of we think we have council support then either that information gets out later in day or Monday at the latest and the public has that week to vet it. We could still vote on it on the 28th. I think by Charter we’re to have it out there for 72 hours. I think we’ve always tried to do a little better than that. Again, this just came to us about four weeks ago. We had to quit acting like car dealers and each of us come with our best, you know, what we needed and their best deal instead of taking two months to go back and forth. And I think that’s what’s occurring.”

RQ 2: “That’s good to hear now. But it does sound like there’s sill some negotiation that have to take place. Do you have time to execute all that?”

SR 2: “I think so…I think so. I mean, you know, they really haven’t give us a deadline. I’ve always had July 9th nailed on my calendar. I don’t know that that maybe…I’m hearing some undertones that it’s gotta be July 2nd. I don’t know that July 9th works. There’s a few people that are going to be out of town on that week. So, I think, again we’re lookin’ at, you certainly can’t have a meeting on the 5th because that’s a long holiday weekend and I think the public would think we’re trying to pull something over on ‘em. So, I think the 2nd. Although no one’s called it that. I think that’s the date we’re shootin’ for. It could happen the previous Friday. Again, I think, I think what came out of yesterday was to be expected. There was a couple of things that we felt uncomfortable with. But surprisingly they were kinda simple things in the scheme of things. So, with that, I know our Acting City Manager in on the phone again this morning and my understanding is that those are gonna be doable in some kind of form or fashion. That should make it a go although I guess I gotta be careful of that because we’ve been down this path so many times.”

RQ 3: “Gary, when it comes to the actual lease, I mean is there an out clause? I mean is that stuff that’s still being negotiated?”

SR 3: “ Yeah, you know, I know previous council have been hung up on the length of those because they didn’t feel like there was enough time to give, you know, the fans, the sponsors, you know, people would be vested that they thought they’d have the rug pulled out from underneath them. But again, when you look at five year, uh, if truly someone’s makin’ an effort on this we gotta know whether hockey will make a go of it. I think, if ya look at the last 3 or 4 years with the threat of the team leaving every year you gotta five the folks over there, Mike Nealy, Jim Foss, and company a lot of credit for what they were able to do, um, with what sponsorships they were able to sell and keepin’ the fan base somewhat energized, um, and of course we had a good product, you know, this is a fickle sports town. We know that if you don’t have a winning product, you know, a lot has been said you know, about attendance figures over the years…10,000, 11,000. So when the DBacks made their run in their last championship they weren’t…their average attendance wasn’t even 50% of their capacity so and I know, baseball’s a little bit different to compare to there, those say hockey and basketball. But, you know, we got knocked a little bit for that. I…I think we truly, um, can make this a go, um, it just hasn’t, you know, it was under managed before, um, we got good management in there and then we didn’t have an owner. So, you know, there’s a lot of things, good things, that occurred over the last 3 and 4 years and givin’ the team with a little bit more of a budget that I’m sure they coulda done more and, um, so I’ve always been optimistic on this. And it’s not just for hockey for me. It’s just for that area. You know, if you don’t have a major tenant there, um, it basically can almost be shuttered. And again, for the mega events we’re trying to attract next door, you know, at the stadium and also the arena, the NCAA Four, the WWE, you know, all the things we’ve been kinda missin’ out on. You gotta fill that arena up. I mean, you gotta have, there’s gotta be more attractions around the area. And again, it was starting to come to fruition before the downturn and all those get put on hold and then the receivership. So that whole area, um, has a lot to gain. That’s why the city never intended to make money on the franchise, just wanted to break  even which we were doin’ until we got it with that first $25 million. And then all of a sudden, you know, again, that was supposed to be short term, we were gonna get an owner. We all know the history in the last 4 years. But when you go back in and look at the lack of revenue streams that the city had, havin’ to pay a management fee, well, then you can see that, um, that’s what we needed to make this deal work. And I think that, uh, the Renaissance group has done a good job at understanding that, uh, I guess I would feel a little better if there was more equity but there’s even some, uh, you know, there’s uh, I mean there’s even some talk about maybe more sweetin’ the pot there. But that’s hyperbole (couldn’t pronounce the word correctly!) right now. So, I feel, I’ve gone from cautiously optimistic to optimistic and again, Friday will be the proof of the pudding. I believe, again, talkin’ to the NHL they wanna know by the 24th, 25th, that we’re close, uh, and then they’ll extend. There’s no magic date but they’re not gonna have a tolerance for much later than that and again, I’ve been hearin’ the date of like, the 2nd. The 9th is maybe a little too late.”

RQ 4: “Gary, I want to piggy back on the management fee because we hear so many different numbers. Have you been able to bridge the gap and I know possibly you can split the parking and some of the other stuff. Just talk about how important that is.”

SR 4: “Well, I mean we have to, I mean, everyone knows what our budget is for that and um, and we can’t afford much more right now. So, uh, yeah, I think, I think with what we say yesterday, uh, a good part of that was closed, and, uh, we’re just lookin’ for, I guess I’ll just use the word ‘certainty.’ And it’s about really, all I can really say on that. And I think it’s, uh, I think it’s, uh, I felt it was an easy things to do and we’ll see whether they come through with that, um, later today or tomorrow. And then we’ll talk about it again on Friday and then it’s hopeful that they give us mostly what we want on that and um, then we come to agreement.”

RQ 5: “All right now. Did it surprise you to learn that the NHL has had contingency plan discussions with the City of Seattle?”

SR 5: “No, not at all. I mean, that’s somethin’ that they haven’t had in the past and uh, of course, I mean there’s 5 or 6 cities there and we hear from them all the time. So, no, I mean, Quebec, I mean they really think they’re in the running. Um, Seattle’s gotten little active here recently and, you know, whether a lot of that. I know Bill Daly, Gary Bettman have been very careful not to, you know, they’ve been through this enough times. They let out just enough information to put a little hear on us and just to let us know that, you know, and again, that’s just all the gamesmanship. You know, I listen and we’ve talked on it before, I was a little surprised is that they came out last week, with um, you know, during their um, their opening press conference for the series and said what they said but again, um, they’ve got as much, ah, experience on this as we do for the last 3 and 4 years. So, I think, that they’re just lettin’ us know that, um, that they have a plan. And whether all that can happen in time or not or whether they have to play in the stadium, arena, for a couple moths, half season, um, they are still negotiating with the players’ union for the all-star, I’m sorry, for the Olympics. So that’s another reason why their schedule’s comin’ out late. I’m sure we’re another reason but it’s comin’ out later than normal and that’s probably helpful, givin’ us a little time as well but still ya have to get goin’. And it would be nice, ya know, it was reported yesterday that Tippet’s under, he started negotiations and of course ya got free agency on the 5th. So it would be nice, well, tha this wraps up in our favor in terms of keepin’ the team here and then that we can do it by the 2nd so that, um, they have a little bit more to go on for the free agency.”

RQ 6: “All right now. There were some rumblings last week that there might be a mystery party getting involved or wanting to get involved. The Commissioner, himself, has said that his phone has been ringing a lot recently. Are you guys convinced that you’ve got the best deal in front of you, the best party, the best potential partner in front of you?”

SR 6: “Yeah. I think it’s funny how at the very last moment all these other sources start bubbling to the top and yet, ya know, we’ve had this for how long? Yeah, I’m convinced of that. There was some, they were comin’ from good sources and those, um, particular potential owners admitted they were out there, you know, lookin’ at some things that maybe they hadn’t looked at before but yeah, no, it’s really way too late for that. Um, it’s been rumored that some of them, or one in particular, may just want to add some equity to, even though, they’re completely out of it they may just want to add some equity on this deal, just to help it. Just because they want to see hockey here in the Valley even though they’re not, um, local residents. They own property here. So that’s the equity piece I spoke of earlier.”

RQ 7: “Right. What’s interesting to me is OK, you guys now, if you’ve got 3 votes and you need a fourth, then you guys need to be able to discuss and come to the agreement that the deal is doable and workable for everybody. Yet, before that even happens, you have to have a trust in the motivation and long term intent of this partner and I know that this 4 or 5 year out clause and the fact that Seattle could be such a lucrative move if a team ever went that direction. There’s fears that maybe they’re using Glendale as a stepping stone to elsewhere. Can everybody get beyond that fear? Are you confident in the intent of Renaissance Sports and Entertainment?”

SR 7: “Um, I am, I mean…I mean you have that in the back of your mind. Um, you know, what’s our alternative? You know, that we just give up on this right away? And then we’re left with whatever. We’re left with which is kinda scary for me. So, you know, if you give it a shot for 5 years and everyone puts their best foot forward and see, ya know, that we continue, you know, with the same management team that guiding the Coyotes and, um, and we do see that attendance can increase and we get those reneue streams. You know, I mean again, uh, sponsors are gonna…sponsors haven’t been paying top dollar for signage and the suites and such. A low percentage of the suites are sold. You know, if all that gets put together and we show those improvements then, you know, then the owners, the new prospective owners then are gonna be convinced to keep it here. So, you know, I mean, so, 4,5 years, ah, I think it’s certainly worth it if it’s not costin’ the city anything additional. I mean, you can do the numbers and see that it costs more money, it cost the city more money without the team than with it, you know, in lost revenue. You’ve got the arena debt service regardless of what’s in there. So, the lack of development, er, the delay of development around there. And of course, you know, attracting the major events. So, yeah, I mean it’s always goin’ to be in the back of the mind. But again, what’s the alternative? You know, at least we get a 5 year chance at this and I think we’re convinced that this particular group, um, really wants to make a run at it but um, they’re not going to stick themselves with a bad deal that they can’t get out of. So, we’re not as hung up on that and when I say ‘we’ obviously I’m new to council but speaking from the city, they…they’re really hung up on that last time around. Uh, they really wanted that out of Jamison deal there was a, that, you know, there was penalty clauses for leavin’ early and do, I, we don’t have that. I don’t believe we have that in this particular arrangement and, um, and again, I don’t know that we coulda got anyone to sign up that way.”

RQ 8: About the Cardinals. Did not transcribe.

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Some of those on council believe that all of Jobing.com’s problems regarding increasing its revenue can be solved by finding a management company that will book a ton of non-hockey events, especially major concerts.  I thought it would be interesting to take an Internet walk through the entertainment promotion industry. I don’t pretend to be an expert on this issue and I am sure somebody will correct me on something!

prop 202The gorilla in the room is LiveNation. In 2005 (last year for which I could find numbers) earned $1.3 billion dollars world-wide. It has relationships (contracts) with 135 venue sites world-wide and 92 of those are in the United States. It has relationships with Desert Sky Pavilion, Talking Stick, Comerica and Celebrity Theater (as of 2005) in the Phoenix Metropolitan area. It, like other promoters, also has a roster of national, well known artists that perform exclusively at LiveNation venues.

enter 1 The second largest is Anschutz Entertainment Live (AEG). In 2005 it earned $417 million dollars—only 20% to 30% of LiveNation’s income.  In September, 2012 AEG announced it was selling off its Entertainment Live subsidiary only to reverse that action in March, 2013. AEG is the company that currently manages Glendale’s Jobing.com Arena. The third largest company is the House of Blues Entertainment. In 2005 it earned $245 million dollars—about 10% of LiveNation’s income. But wait…the following year, 2006, LiveNation acquired the House of Blues and picked up Casino Arizona as another contract in the Phoenix area. There are many small firms (less than a handful in the Phoenix area) whose annual income is less than $20 million dollars a year.

Let’s look at the two most comparable venue sites to Jobing.com Arena. One is US Airways, home to the Phoenix Suns. It is run and events are booked by Phoenix Arena Development (one of the two bidders to be considered by Glendale). It is also the home of the Arizona Rattlers and Phoenix Mercury. In essence, it has 3 anchor tenants. Between June and December, 2013 there are 10 major concerts booked. The other comparable site is Chase Field, home to the Arizona Diamondbacks, its only major anchor tenant. SMG World manages this venue (and is also a finalist in Glendale’s bidding process) and uses Select Artists Associates of Scottsdale as its event promoter. It has 3 major concerts booked between June and December, 2013. It will be very interesting to see what each of these companies want in terms of an annual management contract. Will there be penalties in the contracts if a named minimum number of events is not achieved? Will there be an incentive if the company exceeds a mutually agreed upon goal?

As you can see, the Phoenix Metro area is a highly competitive market. There many venues from which to choose and LiveNation have contracts with many of them. You can be sure LiveNation, with a virtual monopoly in this country, dictates the terms and fees for the major events it books.

enter 3Just to give you an idea of how competitive our market is, here are just some of the sites that can and do host major concerts: ASU Gammage, Desert Sky Pavilion, Celebrity Theater, Chandler Center for the Arts, Chase Field, Comerica Theatre, Fort McDowell Casino, Herberger Theatre, Grand Canyon University Arena, Jobing.com Arena, Mesa Arts Center, Scottsdale Center for the Performing Arts, Orpheum Theatre, Talking Stick Resort, Tempe Center for the Arts, US Airways Center and University of Phoenix Stadium. This list is by no means complete and does not include dozens of smaller venues. This market is not an easy one. Steve Ellman, when he controlled Jobing.com Arena was highly successful in booking major concerts. When Jerry Moyes and the NHL took control of the arena that was not their focus and so we saw fewer and fewer major events at Jobing. This year the number of major events booked was so few that it is embarrassing.

What can a venue manager do in this highly competitive market of at least 17 major venue sites if there is no relationship with LiveNation or AEG? They host smaller, less lucrative events such as rodeos, religious groups and family events. That works well if your venue is small but large ones like Jobing.com Arena need large events to offset the costs associated with hosting. Note than even the UofP Stadium hosts RV and car sales nearly every weekend in addition to gun shows in an attempt to shore up its bottom line. I suppose a venue manager could undercut the big boys and offer the venue for rock bottom rental fees and hope to cover all or part of the loss with concession and parking revenue but that is risky on so many levels.

Hiring a non hockey arena manager has never been in the best interests of the arena or Glendale. A permanent team owner hired to manage the arena guarantees 41 nights of hockey with “butts in seats.” It will be in the owner’s best interest to mount a strong marketing campaign for the Coyotes and put even more butts in seats as well as to work to acquire as many non-hockey events as possible to increase the bottom line of profitability. This is not a difficult concept to understand and yet there are those on Glendale’s city council who refuse to acknowledge this concept—out of sheer stubbornness or because of another agenda?

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cit mtg 2Wow, we just saw a window into council priorities. Since January and the new council began meeting, their meetings are conducted with lightning speed, usually lasting half an hour and on rare occasion because of the sheer number of items on their agenda it may go as long as an hour. Today, June 18, 2013 there were only 6 items on their workshop agenda and it took them over an hour to deliberate. Why? Because these were all items that have a direct impact on them and their business.

Here’s the lineup:

  1. Council has changed the voting meeting time from 7 PM to 6PM.
  2. The Vice Mayor’s position will follow a calendar year (Jan. to Jan.) rather than the fiscal year (July to June).
  3. Council subcommittees will remain annual appointments with a 2 year consecutive term limit. After serving 2 consecutive terms a councilmember must move to the other subcommittee (there are only two). After being off for 2 years councilmember may again sit on committee vacated.
  4. Response time for Council Items of Special Interest remains 30 days for staff response.
  5. Council has traded Moment of Silence for Prayer after they have opportunity to review suggested guidelines for conducting a Prayer.
  6. Workshop meeting location has moved from Council Chambers back to its old haunt, Room B-3, or the “basement” as Mayor Weiers likes to call it.

calendarInterim City Manager Bowers announced that at the June 25, 2013 meeting the Internal Audit will come forward. After the open meeting, Council went into Esession and it was an unusually long one for them, starting at 2:45 PM and ending at about 6:30 PM. The issues were substantive. From various statements made to the media by the City Attorney and some councilmembers there will be no vote on the Coyotes deal on June 25th. So look for June 28th or July 9th. However, Council has a vacation break in July so it makes more sense for it to become an agenda item at the specially called meeting for June 28th.

polling 1We know council was briefed on the PAD and SMG bids and council probably learned their asking price to manage the arena. It probably made Councilmember Alvarez’ heart beat faster and I imagine she offered an impassioned but hardly eloquent plea for acceptance of one of them. We know another topic of discussion was the Renaissance Sports and Entertainment (RSE) bid. Councilmember Sherwood publicly admitted that there were deal points that caused council difficulty. I would think the city’s guarantee of $15M (or X number—you fill in the blank) a year without any guarantee that there would really be the elusive $8M-$11M in enhanced revenue going to the city could have been a stumbling block. Whatever the issues were, council would have given direction to staff to go back to RSE and renegotiate those deal points. The ball in now in RSE’s court. If RSE is serious, it will have to make further concessions that demonstrate their skin in the game. Councilmember Sherwood also publicly acknowledged that the deal points need to be publicized one week before the vote. I applaud council for their stance on the side of reasonable and prudent public disclosure.

Councilmember Alvarez walked out of Esession in disgust, complaining that council was making “too many concessions” to RSE. The mere idea of entertaining the RSE bid is a “concession” in Alvarez’ mind. One other Alvarezism from the open meeting springs to mind. While discussing putting public comments at the beginning of the meeting she virtually accused her fellow councilmembers of not championing Democracy and the American Way by accusatorily saying, “We’re not dictators.”

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Jerry Moyes

It is time to review some previous ownership deal making history. Jerry Moyes threw the Coyotes into bankruptcy in late 2009. In 2010 Glendale and the NHL began to entertain offers for a buyer of the team. Everyone assumed that it would be a fairly quick process but that was not to be. One deal after another was rejected throughout 2010 and 2011. In order to continue the process the NHL held up the city to the tune of $25M a year. In 2012 Greg Jamison entered the picture and a majority of council (I being one of that majority) believed we had a solid deal that was in the best interest of the city.

In June 2012 a majority of council made two significant votes. One was to accept the Jamison deal after the management fee had been reduced and penalty/incentive clauses were added. During contentious council discussions Interim City Manager Skeete presented the council information about the financial impacts of keeping the Coyotes or losing them. One of the bullet points that I remember to this day stated that over the 20 year life of the deal Glendale was better off by some $20M by keeping the team. Skeete, at that time, had worked out a financial plan that called for budget cuts over 5 years. Many became confused and blamed those projected budget cuts on keeping the Coyotes. Not so. Those budget cuts were in anticipation of losing the sales tax increase in 5 years. His plan was solid, accommodated keeping the team and was in the best interest of the city.

That same month a majority of council voted to raise Glendale’s sales tax for a period of 5 years. A fire storm lasting 6 months erupted. Ken Jones, virtually single-handedly, although the Goldwater Institute was lurking about and seen helping Mr. Jones on occasion (later they would part ways), mounted a Referendum petition drive to reject council’s vote on the Coyote deal. He failed but it created unanticipated delay. Shortly on the heels of that effort another group began an Initiative petition drive to get rejection of the sales tax increase on the November, 2012 ballot. They were successful and the voters rejected their initiative in the November election. But it created further unanticipated delay. These folks were not working to further the best interest of the city.

Leblanc

Anthony LeBlanc

The city imposed a deadline of January 31, 2013 for Jamison. He failed to meet that deadline and that is a story for another time. In May of this year the NHL identified Renaissance Sports and Entertainment (RSE) as a buyer of the team and rejected the Pastor bid outright. Has it occurred to anyone that RSE is, in fact, the ONLY bidder the NHL has? To this day they have never made a formal announcement of RSE as the buyer. Is this deal in the best interest of the city?

There are some councilmembers who understand that keeping the team is vital to the city but they are having problems guaranteeing that $15M a year that RSE has said it must have. They are between “a rock and a hard place.” It reminds me of the original Ellman deal. At one point council was presented a “bucket list” graphically. One of the diagrams showed an enormous amount of revenue being literally poured into city buckets. Unfortunately those buckets filled with oodles of revenue to the city never materialized. “Fool me once, shame on you. Fool me twice, shame on me.” Now the current council is being presented with another version of a “bucket list.” This time RSE had identified additional revenue streams that will reimburse the city for its guaranteed pledge of $15M a year for a lease management fee. Some have asked why doesn’t the city just pay the $6M a year and RSE keeps ALL of the additional revenue streams itself. It accomplishes the same thing. The assumption is that to satisfy its lenders RSE must show that it has an annual guaranteed source of $15M. Who better to guarantee that amount than a city? The problem is, will those additional revenue stream buckets fill up as assumed? No one knows. Those additional revenue streams could bring $4M or $5M a year to the city or (hallelujah chorus) they could earn $11M a year. Yet the city will guarantee $15M a year. Why is it the city’s responsibility to assume this financial risk on behalf of RSE? Is it in the best interest of the city?

Let me be very, very clear. I want the team to remain in Glendale but not if it does further financial harm to a great city that I love. My frame of reference for any deal has been in terms of whether it meets the best interest of Glendale. I have demonstrated my commitment by voting in the affirmative for the Jamison deal and subsequently losing my council seat. If not for my vote and that of 3 others, there would be no RSE deal to consider today. I want a clean deal that the city can afford to pay and I suspect some councilmembers want that as well. Can they make that happen? We won’t know until the deal is made public. I, for one, will be reading every comma, period and paragraph. Only then will we truly know if this deal is in the best interest of Glendale.

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jobing.com arena

Jobing.com arena

To date the media and Glendale residents have been denied access to the four bids submitted to Beacon Sports, the city’s $100,000 consultant hired to accept and vet all bids to manage Jobing.com arena, a city-owned facility. Very recently the city finally released the names of the four bidders and it has been reported that R Entertainment and Phoenix Monarch Group (PMG) were rejected for not meeting minimum specifications. By the way, Art Jimenez, principal of PMG, publicly stated that he has formed a new group, PMG Management and Entertainment, LLC. As of this date it is not registered with the Arizona Corporation Commission and the name is still available, if anyone out there is interested.

There is no legal basis with which to deny the public access to the Beacon bids. We first go to the City Charter to see what it says about bids. In Article VIII, Section 2-Competitive Bidding it says, “The city council shall establish by ordinance formal guidelines regulating the purchase of goods and services by the city. Such ordinance shall specify the conditions pursuant to which formal competitive bidding shall be required, conditions pursuant to which informal competitive bidding shall be required and those conditions under which no bidding for city contracts shall be required.”  Last amended on 3-15-88.

This section authorized the city council to establish a formal bidding process. That formal process is outlined in Glendale’s Municipal Code, which was originally adopted and subsequently amended by city council vote as ordinances. An ordinance is a city law and can only be superseded by the Arizona Revised Statutes (established and passed by the Arizona Legislature).

scalesWe then go to Glendale’s Municipal Code, Section 2-145, Formal Purchase Procedure, (2) b, Sealed Bidding Procedure (IFB) which states, “Bids shall be opened publicly at the time and place designated in the invitation for bids. The amount of each bid, and such other relevant information as may be specified by the materials manager, together with the name of each bidder shall be recorded as determined by the materials manager. This record shall be open to public inspection after the bid opening in a manner prescribed by the materials manager (bold mine). Except to the extent the bidder designates, and the city concurs, trade secrets or other proprietary data contained in the bid documents shall remain confidential.”

Then we have to check Arizona Revised Statutes to see if there is anything different from city code. For that information, we refer to Arizona Revised Statutes, Section 41-2533. Competitive Sealed Bidding. D. which states, Bids shall be opened publicly at the time and place designated in the invitation for bids.  The amount of each bid, and such other relevant information as may be specified by rule, together with the name of each bidder shall be recorded.  This record shall be open to public inspection at the bid opening in a manner prescribed by rule (bold mine).  The bids shall not be open for public inspection until after a contract is awarded.  To the extent the bidder designates and the state concurs, trade secrets or other proprietary data contained in the bid documents shall remain confidential in accordance with rules adopted by the director.”

Well, look at that, the Glendale Municipal Code and Arizona Revised Statutes (ARS) almost mirror one another on the language! Please take note of the sentence in the above cited ARS that says, “The bids shall not be open for public inspection until after a contract is awarded.” That prescription is lacking in Glendale’s Municipal Code. As it is not a prescription in Glendale’s Municipal Code it appears that Glendale is required to release the bid information after bid opening and I don’t think it means weeks later. Both bodies of law allow proprietary information to be redacted from any bid. And both codes allow public inspection after the bids are opened.

It would seem that Glendale has failed to follow its own Municipal Code process. It should release the results of the bidding process of all 4 bids NOW (in fact, it should already have done so) and redact only that information that is proprietary.  Just to be sure there is no confusion over what constitutes proprietary information; Webster’s defines it as, “possession, ownership or exclusive right.” It’s time for Glendale to cough it up.

There is no justifiable reason to discuss the Beacon bids in council Executive Session. They should have been publicly released by now. Those bids are what they are. The presentation on the bids should be in public workshop session. Council either accepts one or it rejects all but it would provide the public with an opportunity to discover just exactly how much two major companies, SMG World and Phoenix Arena Development think it’s worth to them to manage and operate Jobing.com.

There is also no reason why Councilmember Sherwood cannot discuss the worth of keeping the Coyotes in Glendale. After all, it’s not new information. During the Jamison negotiations, Interim City Manager Skeete publicly stated that keeping the Coyotes brings Glendale an approximate additional million dollars a year in revenue.

contractIt is justifiable and prudent that council discuss the RSE deal in Executive Session. They are in the midst of negotiations with the group. It provides the full council an opportunity to hear the terms of the deal and to offer any and all changes to those terms for further negotiation. It was no more than the former council did that resulted in a lower management fee and penalties and incentives for under/over performance. Once all terms are satisfactory to both sides, the deal terms should be released publicly and the vote scheduled for one week after release.

It has been widely reported that the Renaissance Entertainment’s management deal with Glendale may come before the council for a vote on June 25th, June 28th or as late as July 9th. When there was all of that furor over the Jamison ownership deal last acceptanceyear a court mandated that the deal be made public one week before any scheduled council vote on the issue. I suspect denialthat prescription still holds true. In that case, if the RSE deal is scheduled for a council vote on June 25th, it must be released to the public for its consideration one week before on June 19th. If the vote is June 28th, it must be publicly available on June 21st. If the vote is on July 9th, the public is entitled to review it on July 3rd. Come on, mayor and council, get your act together and practice the transparency that you love to preach.

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I wrote this blog on June 10, 2013 and have been sitting on it. Late this afternoon, June 13, 2013 Mike Sunnicks of the Phoenix Business Journal reported on Glendale’s concerns about the RSE bid. I share the city’s concerns. I see no reason to hold this back any longer.  Remember I am looking at the RSE deal having been a former councilmember. The fact that RSE is using borrowed money to finance this deal with very little of their own equity is disturbing. With such a small proportionality of investment it allows RSE a great deal of latitude to abandon Glendale and relocate in a few years.

I know how desperately fans want to keep the Coyotes here. I share that sentiment but not at any price. It’s time we all took an objective look at this deal before embracing it. There are those who will say if it’s not a Jamison deal I am against it. That is not true. If I were still on council I would have a fiduciary responsibility to make decisions that are in the best interest of Glendale based on the facts. Truthfully, if I were on council, I would not accept this deal based upon the facts that are publicly available about RSE’s deal at this time.

So please save your hate email and nasty tweets. I know that I have angered you but once you get past that initial anger, please take a hard look at this deal. Here goes what I wrote several days ago:

Everyone is well aware that the NHL blessed Renaissance Sports and Entertainment (RSE) as a legitimate contender for ownership of the Coyotes. They even chaperoned RSE’s first meeting with Glendale City officials. However, note that the NHL has NOT made a formal announcement to date stating that they are in fact, selling the team to RSE.

Coyotes logoMost of the Coyote fan base and the media seem enthralled with the news and are ready to embrace an NHL/RSE deal. But there are two factors that have so far been ignored. No one in the media has really “kicked the tires and looked under the hood” of this deal; and will Glendale be willing to pay a lease management fee greater than its budgeted and soon-to-be-approved $6M a year?

So why don’t you and I? Let’s take a closer look at this deal. RSE has raised $45M in equity ($10M coming from Gosbee). We will use these figures all of which have been widely publicized in the media and to date unquestioned by any journalist. RSE is getting $200M in loans. One loan from Fortress Investment Group is $120M. Sources say the interest rate is 8%. RSE is getting a loan from the NHL for another $80M. Sources say the interest rate is 5% and that payments start the first year – not in 5 years. The interest on these two debts could be as much as $13.6M a year. My goodness! $13.6M a year in interest! That’s WITHOUT any payment on the principle! Is it any wonder that RSE would like to get an annual lease management payment of $13M-$15M? This deal is heavily debt laden.

Let’s look at costs associated with Jobing.com. According to Coyotes Newco, LLC, the NHL entity that runs the arena, in their Annual Budget submission to the City of Glendale for Fiscal Year ending June 30, 2014, Total Annual Expenditures are projected at $12,468,912 and the Annual Net Cash Requirement as projected by the NHL is $9,088,193. Earned revenue from events will be in the $3.3M range. Based upon these figures submitted to the city by the NHL, the entity currently running the arena, RSE will spend a minimum of another $9M as a Net Cash Requirement. Who would know better what it costs than the NHL currently doing the job?

So we have $13.6M in annual interest payments and $9M in cash needed to operate the arena. Simple math says the minimum figure that RSE will spend every year is $22.6M. The $45M of equity that RSE raised will last almost two years. Where do they get the money to continue? Don’t say from the revenue generated by the arena events. That revenue will offset the total annual arena expenditures of $12M. Ok, tires kicked and the hood has been looked under.

Fortress is not in this deal out of the goodness of its heart. The reason Fortress has the option to purchase equity in the team is that they know darn good and well that when RSE flips the team, it will be much more profitable for them to be in the game and get their expansion check profits than just simply to be repaid at 8%. If RSE can get out of its lease in year 3 or 4 it’s a brilliant strategy. They will make a killing on expansion fees and will have essentially bought a team for only $45M in real equity.

Glendale City Council

Glendale City Council

That leads to the second question. Will Glendale be willing to pay a lease management fee greater than $6M a year? For the sake of argument let’s say Glendale is willing to go as high as $10M a year. How does it find the $4M it is short? Preliminary approval of the budget says monies within the budget may be reassigned to different departments/categories but overall budget expenditures are capped at the approved amount and may not be increased. One scenario could be that the NHL is willing to forgo the second $25M payment owed to it by the city. The city could then apply those funds and cover the $4M shortfall needed to pay a $10M annual lease management fee for 6 years. Or the city could ask for greater revenue sharing from the new owner in the form of a percentage of the concession revenue, a larger ticket surcharge, all of the naming rights revenue and have the team create a new revenue stream in the form of a parking charge. All seem counterproductive but could happen. Would it cover the $4M shortfall?  I am sure somebody somewhere will have created positive projections but there is no way to be sure until one sees the revenues generated in the first year of this scheme.

If the city were to agree to pay $10M a year that would cover RSE’s need for cash to operate the arena but obviously it does not cover RSE’s $13.6M (or thereabout) annual interest payment on their debt. It looks like RSE’s equity investment if used to cover only that debt would last about three years. Then what??

There are those who will be very unhappy reading this analysis because they will perceive the recitation of these facts based upon widely media reported numbers as “negative.” Why bother with facts and dash hopes of RSE becoming the new owner? These numbers are as reliable as possible using sources available. These concepts are known to the NHL and potential owners. Now the fan base should objectively analyze these numbers (or any other numbers revealed by the NHL, potential owners, the city or the media) as we hope and wait (not so patiently) for a final end to this misery of limbo regarding team ownership.

The obvious conclusion is that RSE will bleed money and that will be the rationale for their relocation of the team after a few, short years. Just the news no red-blooded Coyotes fan wants to hear.

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