A lease agreement was passed tonight. Not the lease agreement the JPA sent to Oakland’s City Council. Instead the Council voted 5-2 (with 1 abstention) to approve an amended lease that included fairly minor changes. Among those changes:
- A clarification on how the A’s use their termination clause. Example: If the A’s provide notice on January 1, 2016, the lease ends on December 31, 2018. If they provide notice after 1/1/16, termination doesn’t occur until 2019. This was not actually a point of dispute, it’s just that the language was somewhat confusing so an example was provided.
- A typo in the the agenda document indicated that the the developer fee/deposit for continuing redevelopment at the Coliseum (Coliseum City) was both $10 million and $20 million. This was clarified as $10 million, and was agreed upon in the lease approved by the JPA on July 3.
- A new section 42.7 that codified lease practices defined in the 2013 (current) lease.
- A section on Licensor (JPA) default was removed for some reason. It has been added back to the agreement.
- If the A’s are sold, there is a clause (16.1) that explains how the team transfers the lease to the new owner without requiring JPA approval. The requested change is to include the fact that new owner must be MLB-approved.
- Removal of language that makes the JPA liable for Raiders’ acts/omissions that are approved by the JPA. The language now solely deals with the A’s revenues and benefits going strictly to the A’s, not to any third party.
- There’s also a need to clean up language, which is customary in contract negotiations. It’s unclear what those cleanups are.
All in all, there’s little reason for the A’s to decline the lease. On the other hand, these changes are so minor it’s a wonder why they had to be debated in public, with the exception of the typo in the second bullet point.
Council President Pat Kernighan put forth a motion early on to consider the lease with these amendments. That caused CM Larry Reid, who is also a JPA board member, to put forth his own substitute motion that would have the Council vote on the lease as is. At the end of the session, Reid’s substitute motion lost 4-3. Kernighan’s won 5-2. After the votes the Council tried to clear up whether or not the JPA or the Alameda County Board of Supervisors would have to vote on the revised agreement. Naturally, the answer is YES. The BoS will meet on July 29 to go over this new lease and perhaps the old lease two, so they may end up voting on both. The JPA will have to take another special session vote shortly thereafter, and A’s ownership will also have to sign off.
A’s President Mike Crowley was on hand to witness the festivities. After JPA counsel Jon Streeter presented the lease in great detail and asked questions, Crowley was asked to provide a comment on the amended lease. Kernighan was concerned about putting Crowley on the spot, while Reid encouraged Crowley’s opinion. Crowley said that he preferred the original lease as is, though he allowed for the typo correction. After the vote he said he was “disappointed” by the Council’s action. Whether he’s disappointed in the terms or in the fact that everyone’s in for 2 more weeks of gestation over a lease wasn’t clear. Crowley reserved further comment until he had a chance to review the terms. Kernighan mentioned that she talked with Lew Wolff earlier in the morning, and with a caveat that she wasn’t representing him, revealed that the changes didn’t seem like showstoppers.
There was plenty of time for grandstanding, so several Council members took turns doing it. CM Desley Brooks considers the lease a regression from terms outlined last November. Streeter rebutted that, explaining the back-and-forth of the lease talks that dated back to a year ago. Streeter’s main points were that the A’s are paying double the annual rent of the pre-2013 deal, were guaranteeing $20 million even if they stayed less than the full 10 years, and provides flexibility for all interests (A’s, Raiders, BayIG, JPA, City/County). CM Dan Kalb was unusually high-strung,
Kalb went on to chastise the A’s in advance, in case the A’s don’t approve the deal with the changes. Reid and Noel Gallo were the dissenters, instead voting for the original agreement. They both sowed FUD in their comments, Gallo was more restrained while Reid pulled the full “do what you want, it’s not my fault” card.
Libby Schaaf’s comments were noticeably brief, calling an approved lease (without saying which one) a crucial step towards keeping the A’s in Oakland. Both Schaaf and Rebecca Kaplan opened with some campaign speak, which I necessarily tuned out. Schaaf, Kaplan, Kalb, Kernighan, and Lynette Gibson McElhany provided the Yes votes.
A bizarre moment came late when Alameda County Supervisor and JPA President Nate Miley took time to explain to Gallo how the City of Oakland’s Coliseum City discussions with BayIG worked. At least an hour was spent explaining details that the Council not only should’ve known weeks ago. Current former JPA members such as Reid, Kaplan, and Brooks talked up their knowledge of the issues, yet the rest of the Council seemed inexplicably in the dark. Before Kernighan made her motion, Brooks asked for a full presentation, this after Streeter answered numerous questions about the lease and negotiation. Communication between the JPA, City, and County is so broken that it’s hard not to be skeptical about the group’s ability to work out a deal as large and complex as Coliseum City. The lack of preparation on the Council’s part was on full display and it wasn’t pretty.
Nearly 30 public comments were given. They included Raiders fans like Dr. Death and Bauce, who raged against the Council. Lil Bartholo spoke first about the team’s and MLB’s blackmail and extortion techniques. The anti-lease, generally anti-Wolff crowd was well represented. However, interspersed among them were several A’s employees who mostly spoke about simply keeping the A’s in Oakland. Out of the five employees I observed, only one overtly called for the lease to be approved. They talked about how they were both fans and employees, about how some of them had union jobs, about how they were trying to collectively bargain for benefits, but the lease fiasco puts such negotiations on hold. An SEIU rep even called for the lease to be tied to a 10-year labor agreement, which is probably an overreach. Regardless, the image of employees coming forth to stand for their jobs was powerful.
Also present was a rep from the scoreboard installation company that could be contracted to work on the Coliseum. The man (whose name I didn’t get) emphasized that the lease had to be approved soon to allow for the equipment to be ordered and installed in time for the next baseball season. Emperor Nobody got some good anger at the system in, though he ran out of time (he’s on the KTVU clip so that’s good, right?).
Attorney Streeter acquitted himself well, handling all of the questions that came his way. He had to explain the rent provisions at least twice, and covered all of the major lease aspects well. It took 2 hours and 10 minutes, but the $200 million debt elephant finally came up. There’s no obvious answer as to how it the debt gets retired. Miley mentioned that the A’s are looking to buy the Coliseum land. Those who distrust Wolff don’t believe that. Streeter then boiled down the whole point of the lease.
Streeter addressed the A’s-Oakland parking fee dispute. Arbitration is pending. Oakland is asking for $5.4 million. If the City wins they could also be reimbursed $600,000 in legal fees. The amount that the A’s are willing to pay was not disclosed. Streeter factored a discounted amount of a potential arbitration award into the lease. Why? There’s the inherent risk that the City could lose the arbitration. That makes the lease a sort of hedge.
Finally, as further questions were asked about the leases of both the A’s and Raiders, especially the ongoing operating subsidy. While I’ve always known about the subsidy, I’ve never heard it explained in such simple terms. Basically it goes like this:
- The A’s pay for all gameday operations: power, water, groundskeeping, security. This is for a 180-day season.
- The A’s pay $1.5 million in rent per season.
- The A’s receive revenue from pouring rights, stadium advertising, and a chunk of concessions.
- The A’s keep parking revenue with the exception of the tax that has to be paid to the City & County.
Contrast this with the Raiders
- The Raiders pay $400,000 per year in rent.
- The Raiders split parking revenues with the JPA, their share being roughly $1.75 million for the 2013 season.
- The Raiders pay for zero stadium operating costs, and are subsidized to the tune of $7 million per year, including the costs to convert the stadium between baseball and football (and vice-versa).
Late tonight, word came that the Raiders may want a year extension, though it wasn’t clear if that’s on top of the 2015 option year or something else. I hope the Raiders’ lease gets the same kind of scrutiny the A’s lease gets. It’s the painful yet needed part of the ongoing adult conversation.
P.S. – Wolff met with San Jose Mayor Chuck Reed yesterday at the SJ Fairmont. The meeting was described as a “check-in.”