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Joyce Clark Unfiltered

For "the rest of the story"

prop 202A number of people have asked me (as a former councilmember) to weigh in, pro or con, regarding the Renaissance Sports and Entertainment bid. It may very well become a moot issue if RSE rejects the city’s latest proposal to have the same 5 year opt-out clause as RSE enjoys. Until now I have instead spent all of my time since the original bid was made public reviewing and analyzing it. Note that a revised version has since been made public. In the newest public version changes that had been discussed at the city council workshop of June 28, 2013 are incorporated. There is now a joint defense clause, removal of all “novation” provisions and the city receives all insurance proceeds in the Casualty and Condemnation provisions. These changes and others make it a better deal for the city. Council gave direction to continue negotiations up until the eleventh hour (Tuesday, July 2nd council meeting at 7 pm). We can hope that RSE and the city will continue in the spirit of cooperation.

numbers 2As for the deal itself let me share my analysis. Let’s look at the numbers. The first premise is that RSE MUST have $15M a year guaranteed by the city. Why? An assumption, that has never been refuted, is that RSE needs $15M a year guaranteed by the city to satisfy the lender’s (Fortress Investment) requirements. The city has an approved budget that allocates $6M a year thereby creating a $9M a year shortfall for the city. RSE has proposed to sweeten the pot and supplant that $9M a year by creating “enhanced revenue streams.” Some are revenue streams whose numbers can be accepted with some sense of surety. The hockey ticket surcharge is based on 41 games with an average attendance of 12, 630. Those are reasonable numbers based on past performance. You may think the average attendance figure is low but it is RSE’s number and to be applauded because of their conservative approach. The “enhanced revenue” produced from this calculation is $1,553,490. It is a number we can accept as valid.

The next number is the team rental of $500,000 a year. That is, of course, a reliable number. One obvious question is why does this number not increase over time? In previous deals the team rental charge escalated over time. Another fairly reliable number is the sales tax generated at hockey games. RSE pegs it at a little over $600,000 a year; the city uses a little over $400,000 a year. I am inclined to accept the RSE number for the sake of argument.

So far, so good. We know the city can rely on these “enhanced revenue streams” of Hockey ticket surcharge, team rental payment and sales taxes generated from hockey games. Those items total $2,690,420 and we can be confident in realizing that revenue.

numbers 1But a look at the rest of the estimated revenue numbers show they appear to be overinflated. Let’s take the easiest one first, Naming Rights for which the city will receive 20%. Typically this fee is paid in installments. For argument’s sake let’s peg the Naming Rights fee at $10M. Generally, this would be paid over a period of years and often it is a 10 year period. That payment would be approximately $1M a year and the city’s portion would be $200,000 a year for 10 years. So instead of the RSE Naming Rights figure of $671,600 a year, a more conservative and reasonable number is $200,000 a year. As a point of comparison, this is similar to the Naming Rights deal at Chase Field and it receives a payment of $1.1M a year.

The parking revenue figure is highly inflated. The presumption is that all 5,500 parking spaces will generate $10.00 a space at every hockey game. Did you know that there are an additional 9,500 parking spaces at Westgate not subject to this surcharge? Hockey fans can park at Tanger, behind the AMC Theater, etc. and it is a short walk to the arena. Sooner or later, the owners of these businesses will become very unhappy to see hockey fans occupying their customer parking and will begin to charge…$5 a car which will be reimbursed to their patrons. I have also been informed that should there be a new parking fee imposed by the city and the team the Cardinals will charge $5 a car for their 6,000 spaces on Maryland Avenue, across the street from Jobing.com arena. There is also a secondary, but an equally important issue, the number of hockey fans parking in the Desert Mirage neighborhood across the street from Jobing.com arena will most surely increase. It is a neighborhood of over 1,200 homes and some hockey fans (although a minimal number) already park in their neighborhood on hockey game days. The RSE number also includes parking for non-hockey events with 23 events a year and 15,000 attending each of those 23 events. In my estimation it is unrealistic. More about that when we review the $5 per ticket surcharge for non-hockey events. RSE, and the city accepts, a figure of over $2M for parking revenues. This is way too optimistic and a more conservative and realistic figure is half that, or about $1M for parking revenues.

The last number RSE offered was revenue generated per year of $1,725,000 for a non-hockey ticket surcharge of $5.00 per ticket for 23 events a year and attendance of 15,000 at each event. I dug out old material I had related to arena event and attendance figures and I also reached out to people knowledgeable in the concert venue business. From 2003 (the year the arena opened) until today the maximum number of events ever held at the arena in one year that generated an attendance of 15,000 or more has been 15 events. Did you know that throughout the entire Phoenix Metro area there are typically 25 major concerts (what is called in the business, Type “A,” such as a Justin Bieber) a year? 4 of them were held in Jobing.com Arena this year. RSE’s estimate of 23 such concerts drawing 15,000 or better is wishful thinking. A more realistic revenue number for the non-hockey ticket surcharge would be under $1M a year. For the sake of argument, we will use $1M a year. How do these numbers add up? $200,000 a year for Naming Rights; $1M a year for Parking Revenue; and $1M a year for the ticket surcharge for non-hockey events totaling $2,200,000.

question 3Let’s add our reliable, take-it-to-the bank number of $2,690,420 and our far more conservative number of $2,200,000. The total is $4,890,420 and the magic number in “enhanced revenue streams” that must be achieved to make the city whole is $9M. Oh wait, there’s still the Supplemental Ticket surcharge of $1.50 on every ticket. RSE’s number is $1,294,245. It is an overestimate because it is based on that same pesky non-hockey event estimate of 23 events with 15,000 or greater attendees. A more realistic estimate would be no more than $1M a year. So add another million dollars to our $4,890,420 and our final total of “enhanced revenue streams” is $5,890,420 – not the $6.7M used by the city or the $7.3 used by RSE.  Yet we need $9M a year. We are short $3,109,580. How can that shortage of a little over $3M a year be covered by the city? Where will the money come from? In my next blog we’ll look at the city’s budget and its overall financial health.

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A disclaimer: I have not made a decision on the Renaissance Sports and Entertainment bid to manage the city’s arena. It is not possible until I have read the document. To date it is not available to the public.

I don’t usually post 3 blogs in one day but this appears to be one of those days that demands it.

On June 25, 2013, Paul Giblin, a reporter for the Arizona Republic issued the following story online, Glendale still unsure about Phoenix Coyotes deal. Here is the link: http://www.azcentral.com/community/glendale/articles/20130625glendale-unsure-phoenix-coyotes-deal.html . Several aspects of his story are troubling. One issue is that a vote is still scheduled for hidden agendaTuesday, July 2, 2013. It is my understanding that the council has requested another Executive Session for Thursday, June 27, 2013. The city had better made sure that notice of another Esession on June 27th is properly posted 24 hours in advance. Which means that the meeting notice has to be posted on Wednesday, June 26th…today. However, even more worrisome is that with an Esession scheduled for June 27 the very earliest the deal points could be posted publicly would be on Friday, June 28th or even as late as on Monday, July 1st. Could the city post as late as 24 hours before a scheduled vote? Yes, they could but would they? I hope not as suspicions will shoot through the roof if the public is given one day to review and understand any deal between Renaissance Sports and Entertainment (RSE) and the city.

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Glendale City Hall Complex

Now, about that second $25M the NHL has offered (at the 11th hour) to take payments on of $5M over each of the next 5 years. Great…too little, too late and it doesn’t solve the city’s problems. The $30M leaseback of City Hall was designed to replenish the city’s Enterprise Funds, Vehicle Replacement Fund and Technology Replacement Fund.  Glendale staff crafted a brilliant strategy. Now that strategy has been tabled by council until after the scheduled Coyotes vote on July 2nd… Hmmmm…The $20M the city has held in an escrow account for the NHL payment simply isn’t enough to cover all of the city’s needs. It will pay back some of the loans leaving $5M still outstanding.  While a generous offer on the part of the NHL, it could have been done a long time ago and in fact, I and several former councilmembers called for just such an arrangement. Why now? I suspect it is in reaction to what they perceive as a very negative story about the city planning to enter a leaseback of City Hall to pay back loans directly related to the $50M partially paid and partially still owed to the NHL.

To discover that councilmembers are not on top of the revenues derived from either the Westgate area (remember those revenues are already being used to pay off the original construction debt on the arena and are NOT new found money) or the arena is disturbing to say the least. At least one of them has touted himself as an expert on the entire RSE deal.

Norma Alvarez

Norma Alvarez

Lastly, good old Councilmember Alvarez and her statements have got to have you snapping your heads in double-take mode. Alvarez said, “I called them knuckleheads, because they don’t get it. They don’t get it. They don’t get it. They’re going to continue discussions. Discussions of what? We’re selling City Hall because of paying $50 million. C’mon. C’mon.” Factually she is incorrect. The city is proposing a leaseback arrangement not an outright sale of City Hall with visions of employees moving out after a sale. As for continuing discussions, they should continue but they don’t have to result in acceptance of the deal…not if RSE cannot or will not guarantee “enhanced revenue streams” for the city.

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A disclaimer is in order. I neither support nor reject the current RSE bid to manage Jobing.com Arena. I cannot make an informed decision until I have had the opportunity to review the proposed lease management agreement and that document is not yet publicly available.

Boy, thanks to SRP, leave a person without power…or the Internet…or air conditioning… for not just a day but 5 hours on the first day and 10 hours on the second day can make a person very grumpy and very testy. In an effort to play “catch-up” on today’s Coyotes’ news I was sent a link to KTAR radio’s Karie Dozer opinion piece entitled Final Word: Phoenix Coyotes aren’t the economic engine Glendale needs posted on June 25, 2013. Here’s the link: http://ktar.com/100/1644653/Final-Word-Phoenix-Coyotes-arent-the-economic-engine-Glendale-needs?fb_action_ids=566353163423827&fb_action_types=og.recommends&fb_source=other_multiline&action_object_map=%5B504510449622426%5D&action_type_map=%5B%22og.recommends%22%5D&action_ref_map=%5B%5D#

baseball 1hockey 1Dozer, Dozer, mmmm, that name sounds awfully familiar. Is Karie Dozer the wife of Rich Dozer, one of the Arizona Diamondbacks’ former Presidents?? I think so. I am sure Ms. Dozer is an expert on baseball, especially the Arizona Diamondbacks but an expert on anything hockey related?? I don’t think so. She made some amazing statements that certainly warrant comment. One was, “Look, I like hockey. What great fun, especially in Phoenix, IN JUNE, to go into an ice palace for sports. But I don’t like it enough to pay for it.” Of course she wouldn’t like hockey enough to pay for it. It is a sport in direct competition for your sports entertainment dollar with her husband’s business, the Arizona Diamondbacks.  If she were to attend any sports event you can bet it would be baseball. Does she get the best seats in the house? Are they free of charge? Could there be a conflict of interest on her part?

In an effort to show genuine concern for the residents of Glendale and her perception of the drastic loss of services because of hockey she goes on to say, “This in a city where 911 service was at risk last year.” What bunk. As a councilmember until January of 2013 I can tell you that the city’s 911 service has NEVER been at risk. Chief Black spoke at several council meetings in the past few months reassuring everyone that police service and most specifically, 911 service (especially Priority One calls involving imminent bodily danger or loss of life), would remain at the same level of service that Glendale’s residents have enjoyed for years.

She then opines, “I know, a lot of people’s jobs depend on the Coyotes. Shops at Westage (sic) and security jobs all could go away if the Coyotes leave.” First, it’s WESTGATE, not Westage. Second, how about a minimum of 1600 jobs in the immediate Westgate area (restaurants, hotels and retail)…and that does not include the almost 2,000 jobs at Tanger Outlet Mall, Cabela’s or Humana. Throwing 1600 jobs out the window doesn’t seem to bother her but what the heck, she’s got a radio hosting job.

Lastly, she said, “I think sports teams CAN be a great economic engine. This one just isn’t.” Really, Ms. Dozer? Of course she thinks sports teams are a “great economic engine.” She appears to enjoy the financial benefits of one of those “great economic engines.” To say that the Coyotes are not  shows her lack of history or knowledge about the Coyotes since they came to Glendale in 2003. For she would know that the team, through circumstances not of its own making, has never had the opportunity to demonstrate its ability to become a “great economic engine.” Stick to baseball, Ms. Dozer.

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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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Hockey fans…check your tickets

Posted by Joyce Clark on June 20, 2013
Posted in City of Glendale  | Tagged With: , , , | 5 Comments

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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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.

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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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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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Below is a verbatim transcript of the Bettman press conference. I prefer to personally hear what is being said about important issues and to make my own verbatim transcript for reference. I did this often when I was on city council and made verbatim transcripts of the former mayor’s remarks as well as staffers and other councilmembers.

It begins with the end of Commissioner Bettman’s opening remarks. I have only transcribed those portions of the press conference relevant to the Coyotes issue but I have inserted time markers for unrelated reporters’ questions. The video is posted on many sites. I pulled it from the Coyotes team website.

Bettman

NHL Commissioner
Gary Bettman

Gary Bettman (GB): “Phoenix. No doubt we’ll get a question. Obviously, we’re getting to the point where some decisions are going to have to be made both by the City of Glendale and by us. I haven’t set a deadline but time is getting shorter. We’re looking forward to realignment for next season. We’re looking forward to the future. But as we look back on this season and take a deep breath before we look ahead to the Stanley Cup Final and then to next season, we find ourselves in a good, strong place. And we’re grateful to be there. And we’re grateful to be here with all of you. So, we’ll take your questions.”

4:55 Reporter question 1 (RQ 1):  What preparations for stormy weather in Chicago?

6:20 RQ 2: Why is Olympic process dragging on so long?

7:52 RQ 3: Question about realignment, names of conferences, etc.

RQ 4: “Bill, you mentioned that Phoenix somewhat impacts the schedule being released. Does that mean or suggest the team won’t be playing there next year?”

Daly

Deputy NHL Commissioner
Bill Daly

Bill Daly (BD): Yes. It’s certainly possible the team won’t play there next year. Look at the short strokes in Phoenix now. The ownership group we’ve negotiated a deal with has been negotiating with the City of Glendale. I think everybody knows kinda what’s on the table. I think the puck is pretty much in the City of Glendale’s end with respect to how they want to deal with that.”

RQ 5: “Just to go a little further on Phoenix. Time is short. How much time do you have left? Why not have a deadline at some point?”

GB: “No reason to. It’s been a complicated process. In our minds understand that we’re dealing with a time frame. But a specific day isn’t going to do it but time is getting short and as Bill said, this is really going to be a decision that the City of Glendale is going to have to make.”

9:27 RQ 6: Stanley Cup questions

RQ 7: “Bill or Gary, I’m sure you have a Plan B or even a Plan C for Phoenix. But if they’re not playing in Phoenix next year will Quebec City, might be a Plan B or Plan C for the league?”

GB: We’re still focused on making it work with the Coyotes staying in Arizona. I don’t wanna begin a process, particularly publicly, with, where there’s gonna be a lot of speculation where the team might go, if it moved because all that would do would be to unfairly raise expectation in places and I don’t want to do that to fans in these communities. So we’re just going to leave it that we’re still focused on the Coyotes in Arizona.”

10:52 RQ 8: how were revenue earnings in a shortened season?

11:21 RQ 9: officiating during the play offs

13:38 RQ 10: Original 6 final game?

14:42 RQ 11: despite loss of 42% of season is NHL impenetrable?

16:53 RQ 12: low scoring in playoff games

RQ 13: “Does the Phoenix issue affect realignment at all especially if they have to move somewhere?”

GB: “Since one’s hope is that they’re going to stay where they are it shouldn’t and if the team is forced to relocate then we’ll have a look at it and make a decision as to whether or not it is impacted.”

18:19 RQ 14: concessions

19:51 RQ 15: after lockout will there be better revenues in the future?

RQ 16: “Two questions on Phoenix that perhaps Bill could answer. If we understand that you’ve got an ownership in place who will only take control of the team once the city council of Glendale strikes a deal, it seems that we’re working off a timeline that is controlled by the city council of Glendale. Is that correct?”

GB: “No. I’ll answer the question. The answer is no. At some point we’re going to have to make a decision.”

BD: “In other words, delay could be a no decision. Or no decision could be a decision in this case. So they understand. There’s no misunderstanding with respect to when our time table is vis a vis the city of Glendale. They know what our decision time line is and what are the decisions we have to make. There’s no misunderstanding on the parties.”

RQ 17: “You’ve spoken of keeping the team there and relocation. Does a third option of having the franchise in hiatus exist?”

GB: “There are a myriad of options and we’re not prepared to engage in speculation as to what the optionality (sic) is. The focus, at least for the time being, remains on having the Coyotes in Arizona. Obviously, we’ll have lots of choices, options and decisions and at the time, if we get to that point, and hopefully we won’t, then we’ll focus on which one is the best.”

21:40 RQ 18:  has a series with two of original 6 teams been achieved?

22:44 RQ 19: results of investigation into deaths of 2 NHL players

RQ 20: “Do you need a decision on Phoenix by the Board of Governors’ meeting on June 27th?”

GB: “Maybe. Are you trying to get me to set a deadline?”

RQ 21: “I’m just curious.”

GB: Listen. There’s a Board of Governors meeting on the 27th. There’s a city council meeting on June 28th.”

BD: “June 25th.”

GB: “I’m sorry. June 25th. Stuff’s gonna happen.”

24:10 RQ 22: world cup hockey

RQ 23: “Gary, question #15 on the Coyotes, if I may. You mentioned that you don’t want to make expectations in other places. Are there that many markets out there available that you could turn around and go to?”

GB: “There are a number of markets that have been expressing an interest to us over the years and the phone keeps ringing more regularly the longer that the Coyotes situation stays unresolved and based on the dates we just happened to talk about with the previous question, it’s causing the phone to ring even more.”

26:01 RQ 24: will acrimony of lockout be present and will GB present Stanley Cup?

26:28 RQ 25: will players participate in future world championship?

RQ 26: “If the phone is ringing about interest from other markets why is Phoenix still the best option for the NHL and can the franchise not just survive but thrive with new ownership?”

nealy

Mike Nealy

Maloney

Don Maloney

GB: “That’s a great question. So let me answer it in two parts. The first is, we try to avoid franchise relocation. We try to do everything possible. We don’t think it’s fair to fans and we don’t think it’s fair unless you have to move, to do it to communities that build you buildings. And so we’re not going to get involved in a bake-off where we’re gonna say, you know, we’d rather be here than there. We’re gonna try to preserve what’s in place. That’s what we’ve always done even when it’s resulted previously in franchise relocation. That only happens when we’ve exhausted all possibilities. We’ve now operated this club for about three years indirectly. We’ve had ownership of it. We’ve had great support by the people on the ground doing there. Mike Nealy and Donny Maloney in particular, have done a particularly strong job. We actually believe that if you gave the community an owner, not the league, who said, I’m committed to being here, this franchise could actively be successful from a business standpoint. We’ve seen what the fan base will do with all the uncertainty. We understand the dynamics from the business community and the broadcasters and the media and the people who buy suites and naming rights and all that stuff. If there was certainty surrounding this franchise its fortunes would improve dramatically and immediately just by virtue of putting in a real owner.”

BD: “No matter how this plays out I don’t think anybody can accuse us of a kind of grass is greener type approach to this. We’ve been committed to this market. We’ve done everything humanly possible to make this franchise work in this market. And now’s the time we’re gonna find out if that works.”

Glendale City Council

Glendale City Council

GB: “And again, when the obligation that we take so seriously, it starts with the fans and the community but for those of you who have been to the arena in Glendale, you know, I worry about what’s gonna happen to the arena if the team isn’t there. I think it’s likely to get boarded up because they’re not gonna have enough events to sustain it. I worry about what happens to Westgate and all the businesses and people who are employed there. I worry about the impact it may have on the football stadium, having a situation on its front steps that may not be ideal anymore and so we’re taking, we’ve taken all of those things into account over the last three years as we’ve tried to make it work. That’s why ultimately it’s up to the City of Glendale to make the decision that they think is in the best interest of their constituents and whatever they decide, we’ll abide by but ultimately whether or not this team stays at this point is their call.”

END OF PRESS CONFERENCE

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Dominguez 2

Commander Greg Dominguez
Glendale Police Department

Recently former Glendale Assistant Police Chief Greg Dominguez has been in and on the media…a lot. The internal Glendale police department’s investigation of his situation is sealed so the media does not know exactly and specifically what happened and can only report on it in a general sense. They do not have anything other than a non-specific Peoria complaint. We do know it was a situation in which no charges were filed.

What happened? We know a broad and general outline. Allegedly Assistant Police Chief Greg Dominguez on two separate occasions threatened a clerk at a Peoria smoke shop and told him to stop selling spice to his then drug impaired son. Dominguez claims he does not remember what he said to the clerk but the clerk, in his Peoria police report, alleges that Dominguez threatened to burn the place down and to kill the clerk. True? Not true? We can’t know because we are not privy to the results of the internal investigation.

As a result of that investigation Dominguez has been demoted from Assistant Chief to Commander and suspended for a week. The Arizona Republic, never willing to let what facts it reports stand in the way of stirring up more controversy, ran an article questioning the appropriateness of the punishment meted out to Dominguez.

Everyone will have an opinion. Was the punishment too severe? Just right? Too lenient? The union supports Dominguez’ belief that the punishment was too severe. I assume they have retained an attorney on his behalf to appeal the decision.

Before I go any further let me say that I, personally, like Greg Dominguez and his wife. They are not only both fine officers but good people and parents. Commander Dominguez was always very responsive to my questions, concerns and requests made as a councilmember on behalf of my constituents. He did his job and did it well.

But he was the Assistant Chief of the Glendale Police Department and as such is held to a higher standard than you or I. Is that fair? Probably not but life is not always fair. Throughout history police officers have always been held to a higher standard because they symbolize adherence to law for all of us. When they ignore or bend the law it is an action that betrays and erodes that supreme trust. There is also the issue of perception. If, as an Assistant Chief, he did not receive this level of sanction, you can be sure the rank and file as well as ordinary citizens would be saying he received lenient treatment because of his position. Quite frankly, newly promoted Chief Black was damned if she did, and doubly damned if she didn’t.

If anything, I was very surprised to learn of Commander Dominguez’ actions. If he were angry enough to threaten someone in that situation could he become angry enough to use similar threats in other situations? I suspect upon reflection, Commander Dominguez not only realizes that he made a dumb mistake but now realizes that there were other ways he could have handled the situation. As a civilian, I can think of a couple of things that could have been done. I can remember times when my kids were teenagers and they were in situations that had me nervous, down-right crazy or scared. I never once considered the threat of bodily harm as an option.

Black

Chief Debra Black
Glendale Police Department

Was the punishment appropriate? Yes. Chief Black had a very difficult decision to make and as a former Glendale councilmember I support her decision. She needed to send a message not just to every officer but to every Glendale resident that the actions taken by the second highest officer in the department would not be tolerated and that there is a strong ethic of responsibility for one’s actions.

 

 

 

 

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