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Adam Van Susteren, CSBN (230512) VAN SUSTEREN LA WGROUP
2 6031 Cirrus St. 3 San Diego, CA 92110
Tel: (619) 299-2326 4 [email protected]
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CLERr'\"SUPERIOH COURT SAN OtEGO CQUNTY.C'l
5 Attorney for Petitioners, STEPHEN STOPPER, SCHOOL FOR CREATIVE CAREERS
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO, CENTRAL COURTHOUSE 10
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12 STEPHEN STOPPER, an individual, SCHOOL FOR CREATIVE CAREERS, a not for profit
13 California Corporation,
14 Petitioner,
15 v.
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CITY OF SAN DIEGO, a government entity, 17 SAN DIEGO CIVIC LIGHT OPERA
ASSOCIATION, INC., a not for profit California 18
Corporation, DOES 1-20, 19
)~ Case No.: 37-2015-00030160-CU-WM-CTl
VERIFIED PETITION FOR ALTERNATIVE ) WRIT OF MANDAMUS PER CCP §§ 526a, ~ 1085; MEMORANDUM OF POINTS AND ) AUTHORITIES; REQUEST FOR ) JUDICIAL; DECLARATION OF STEPHEN ~ STOPPER; NOTICE OF LODGEMENT ) AND EXHIBITS 1-10.
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~ ~ Respondents. )
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23 I.
24 PARTIES
25 1. Petitioner, STEPHEN STOPPER ("Stopper"), is an individual residing and doing
26 business in the City of San Diego in the County of San Diego. Stopper is a San Diego City, San Diego
27 County, and California taxpayer and has been for the past thirty years.
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Petition for Writ of Mandate
2. Petitioner, SCHOOL FOR CREATIVE CAREERS ("Creative"), is a California not for
2 profit Corporation known by Entity Number C3562783, that is based in San Diego, California. Creative
3 is engaged in the training of students in the production and recording of the arts by producing and
4 recording music and theatrical performances with dozens of partners in the San Diego area.
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Stopper and Creative will be collectively referred to as "Petitioners."
Respondent, CITY OF SAN DIEGO ("City"), is a government entity that owns or
otherwise controls the land in what is commonly known as Balboa Park. Within Balboa Park there is a
four thousand seat stadium t~at was built in 1935, then known as the Ford Bowl, presently known as the
Starlight Theatre. The failure for the city to utilize its asset, the Starlight Theatre, since 2010 because of
a lease with a defunct organization is ~e general subject matter of this litigation.
5. Respondent, SAN DIEGO CIVIC LIGHT OPERA ASSOCIATION, INC. ("Tenant"), is
a California Corporation known by Entity Number C0205643, that is based in San Diego, California
operating out of P.O. Box 3519, San Diego, CA 92163. Tenant's corporate license has been suspended
by the California Secretary of State and as such they are not allowed to engage in business. Tenant
formerly occupied the Starlight Theatre pursuant to a lease agreement, however, has abandoned the
premises but the City still recognizes t~em as the lawful tenant.
6. Respondents, DOES 1 - 20, are Respondents whose identities are not known to
18 Petitioners. Petitioners will amend to insert their true names when they are known.
19 7. Respondents City, Tenant, and DOES 1-20 will be collectively referred to as
20 "Respondents."
21 II.
22 JURISDICTION AND VENUE
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8. California Code of Civil Procedure § l085(a) bestows upon this Court jurisdiction to
issue a Writ of Mandate to compel the City to comply with the requirement of California Code of Civil
Procedure § 526a that the City does not waste tax payer resources. Permitting the Starlight Theatre to
remain vacant since 2010 is such an abuse that provides this court with jurisdiction to hear this dispute.
9. City and Tenant are located within San Diego County, such that venue is proper pursuant
to California Code of Civil Procedure § 395(a).
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Petition for Writ of Mandate
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III.
PRELIMINARY ALLEGATIONS
10. In October 1980, the City entered into a written contract ("Lease Agreement") with
Tenant for the lease of Starlight Theatre which is described in the Lease Agreement as "Those certain
buildings and improvements situated in Balboa Park, in the City of San Diego, generally know as 'The
Starlight Bowl' or the 'Balboa Bowl,' Box Office, offices, costume rooms, shops and appurtenant
adjacent service buildings ... " Lodged Exhibits Page ("LE") 3.
11. Pursuant to the Lease Agreement, Tenant obtained exclusive rights for the period of
twenty five years and a renewal for another twenty five. LE 4.
12. In or about 2005, the City renewed the Lease Agreement with Tenant, providing Tenant
with another twenty five years of exclusive use the Starlight Theatre.
13. In consideration for the Lease Agreement Section A, Tenant was obligated to "conduct a
minimum of twenty-four theatrical performances annually." LE 5. Tenant is in breach of its contract
with the City by failing to perform twenty-four theatrical performances in a year since 2010. LE 121.
14. In consideration for the Lease Agreement Section C, Tenant was to assume responsibility
for maintaining the premises. LE 7. Tenant is in breach of its contract as the Starlight Theatre currently
has weeds growing in the stands, graffiti painted throughout the stage area, and semi-permanent skate
boarding structures including ramps and a metal structure on which to grind added to the stage. LE 265-
267. In the City's own words the Starlight Theatre "has become an attractive nuisance and in need of a
major clean out and securing with higherlbetter fencing." LE 268.
15. A clause in the Lease Agreement, Section 8b, requires Tenant maintain insurance on the
property where the City is named as an additional insured. LE 14. Petitioners allege that as a suspended
corporation Tenant has not and cannot procure a valid insurance policy, placing the City at risk for
liability if a trespasser is injured skateboarding or engaging in other activity at the Starlight Theatre.
16. The Starlight Theatre is located on the Southern end of Balboa Park directly under the
"flight path" of airplanes approaching San Diego's International Airport, Lindberg Field. LE 227. It
has made the Starlight Theatre a challenging location for musical performances due to noise pollution.
17. Tenant was not able to operate the Starlight Theatre without falling into debt. Tenant
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Petition for Writ of Mandate
filed for Chapter 11 bankruptcy protection from sixty-six claims totaling $1,576,815.76 in Southern
2 District of California Bankruptcy Court: Case Number 11-13070-L TIl that was dismissed, not
3 discharged, on or about February 14,2013. LE 37. Petitioner Stopper was and is a creditor of Tenant in
4 the principal amount of $20,750.00 frorn electrical and acoustical work he performed at the Starlight
5 Theatre. LE 66.
6 18. The City had knowledge that the Starlight Theatre was no longer being run by Tenant as
7 it commissioned a report for repairs and improvements that was presented on April 30, 2013 by Heritage
8 Architecture & Planning. LE 110.
9 19. On September 4,2014, Creative, through its counsel, sent a request for documents related
10 to Starlight Theatre to the City pursuant to the California Public Records Act. LE 67.
11 20. On March 30,2015 Creative, through its counsel, sent a letter to Councilman Todd
12 Gloria, notifying him that Tenant's corporate status is suspended, and that Tenant had been in breach of
13 the lease agreement and that Creative would be interested in operating the Starlight Theatre. LE 72.
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21. On June 12,2015 Stephen Hill, Senior Policy Advisor for Councilmember Todd Gloria,
responded to Petitioners' counsel's se~ond letter via email. Therein, Mr. Hill notified that the City is no
terminating the lease, but is instead granting Tenant more time to raise money to redevelop the theater.
LE70.
22. The City has made no further contact with Petitioners and has not removed Tenant from
19 the premises. As a result, the Starlight Theatre remains vacant despite an entity ready, willing, and able
20 to take over the premises to provide a ·safer environment and fulfill the purpose of the Theatre.
21 IV.
22 WRIT OF MANDATE
23 23. Petitioners refer to and inc:orporate by reference all previous paragraphs as though fully
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California Code of Civil Procedure § 526a states:
An action to obtain a judgment, restraining and preventing any illegal expenditure of, waste of, or injury to, the estate, funds, or other property of a county, town, city or city and county of the state; may be maintained against any officer thereof, or any agent, or other person, acting in its behalf, either by a citizen resident therein, or by a corporation, who is assessed for and is liable to pay, or, within one year before the commencement of
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the action, has paid, a tax therein. This section does not affect any right of action in favor of a county, city, town, or city and county, or any public officer; provided, that no injunction shall be granted restraining the offering for sale, sale, or issuance of any municipal bonds for public improvements or public utilities.
An action brought pursuant to this section to enjoin a public improvement project shall take special precedence over all civil matters on the calendar of the court except those matters to which equal precedence on the calendar is granted by law.
Petitioners contend allowing a four thousand seat venue in a prime location in San
7 Diego's Balboa Park for five years is a waste of city property that permits this Court to order the City of
8 San Diego to formally terminate its Lease Agreement with Tenant and accept bids for new operators of
9 the Starlight Theatre.
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The Starlight Theatre has weeds growing amongst the seats in the audience. LE 265.
The Starlight Theatre has been vandalized with graffiti. LE 266.
The Starlight Theatre stage has a large metal rack laid on it for skateboarders to grind
13 their trucks against in addition to makeshift ramps being built on the stage. LE 267.
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The Starlight Theatre has had trespassers growing marijuana inside of it. LE 268.
Creative stands ready, willing, and able to take possession of the Starlight Theatre and
16 could protect against trespassers, obtain insurance to protect the City from liability if a trespasser is
17 injured while skateboarding on dangerous warped wood surfaces with an open orchestra pit just feet
18 away from its ramps. Not only could·the dangerous situations be avoided immediately upon a new
19 tenant like Creative taking over Starlight, Creative believes it could have theatrical performances open
20 to the public within six months. Decl. Stephen Stopper ~ 5.
21 31. The City has not responded to Petitioners since June 12, 2015 and has not informed
22 Petitioners of any intent to void the Lease Agreement with Tenant and request proposals by prospective
23 tenants like Creative. Decl. Stephen Stopper ~ 8. This Writ is necessary to benefit the general public
24 with the operational use of t~e Starlight Theatre and is necessary because the City has failed to
25 reasonably act towards remedying the vacant facility.
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28 v. PRAYERFORRELIEF
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Petition for Writ of Mandate
WHEREFORE, Petitioners pray for entry judgment against Respondents, and each of them, as
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3 1. To issue an Alternative Writ of Mandamus ~rdering the City Council of the City of San
4 Diego to terminate the Lease Agreement for the Starlight Theatre between the City of San Diego and the
5 San Diego Civic Light Opera Association;
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2.
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F or costs of suit incurred herein;
For attorneys' fees pursuant to California Civil Code § 1021.5;
For such other relief as is deemed just, equitable and appropriate by this court.
Van Susteren Law Group,
DATED: q! L( I /(/ A~~~--Attorney for Petitioners
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MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF FACTS.
In 1980 Respondent City of San Diego ("City") gave a lease to the Starlight Theatre in Balboa
Park to Respondent San Diego Civic Light Opera Association, Inc. ("Tenant"). LE 1-35. That twenty
five year lease was renewed for another twenty five years in 2005. In 20 10, Tenant stopped having
performances at the Starlight Theatre .. LE 121. Tenant is in over one and a half million dollars worth of
debt. LE 65. Tenant's corporate status is suspended by the, California Secretary of State. LE 36. The
Starlight Theatre is currently abandoned by any lawful tenants and is occupied by weeds, vandals,
skateboarders, and at one point marijll:ana growers. LE 265-268.
The Lease Agreement did not call for Tenant to pay rent, rather it had certain obligations to
fulfill its end of the bargain. Tenant is required, as consideration for the Lease Agreement, under
Section A, to "conduct a minimum of twenty-four theatrical performances annually." LE 5. Tenant has
failed to perform twenty-four theatrical performances in a year since 2010. LE 121. In consideration
for the Lease Agreement Section C, Tenant was to assume responsibility for maintaining the premises.
LE 7. The Starlight Theatre currently has weeds growing in the stands, graffiti painted throughout the
stage area, and semi-permanent skate boarding structures including ramps and a metal structure on
which to grind added to the stage. LE 265-267. Pursuant to the Lease Agreement Section 8b Tenant is
required to maintain insurance on the property where the City is named as an additional insured. LE 14.
Petitioners contend that as a suspended corporation Tenant has not and cannot procure a valid insurance
policy, placing the City at risk for liability if a trespasser is injured skateboarding or engaging in other
activity at the Starlight Theatre.
By failing to operate the venue, maintain insurance, ,and keep up the beautiful and historic
theatre, Petitioners contend that Tenant is in breach of the material terms of the Lease Agreement and
their rights to the Starlight Theatre must be extinguished and the City must accept bids for entities
willing and able to operate the venue.
II.
ARGUMENTS
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A. THIS COURT MUST ORDER THE CITY TERMINATE ITS LEASE AGREEMENT FOR STARLIGHT THEATRE WITH TENANT.
Tenant has breached its lease with the city on three different accounts. First, Tenant agreed to
perform a minimum oftweno/ four shows a year, but has not performed a single show in the last five
years. Second, Tenant is required to maintain an insurance policy on the theater, but cannot do so
because its corporate status is suspended. Third, the lease ~equires that Tenant maintain the theater, yet
Tenant has failed to prevent natural elements and vandals from damaging the Starlight Theatre.
Because Tenant has not hosted twenty four shows per year (as is required under the lease), it has
breached the contract. Pursuant to the Lease Agreement the City Council has discretion to cancel the
lease for Tenant's failure to produce twenty four shows per calendar year. LE 5. Had Tenant put on
twenty shows per year for the past five years, the City could have terminated the Lease Agreement, or in
their discretion, permitted Tenant to st~y on. With exactly zero shows over the past five years, however,
it is an abuse of discretion and a taxpayer resource to not terminate the Lease Agreement with Tenant.
Further, Tenant's corporate status is suspended. LE 36. The law is well settled that a suspended
corporate entity cannot engage in business. Boyle v. Lakeview Creamery (1937) 9. Cal. 2d ~6, 18-19
("the corporate powers, rights and privileges of the delinquent taxpayer, if it be a domestice corporation,
shall be suspended and shall be incapable of being exercised for any purpose or in any manner except
for the purpose of amending the articles of incorporation to' set forth a new name, and the officers,
directors and stockholders or members of any such corporation may take such action in their respective
capacities as may be required by law in order to amend the articles of incorporation for such purpose
... "). Tenant is precluded from engaging in the theatrical venue hosting business because of their
corporate status so it is literally impossible for them to reasonably cure this first material breach.
Petitioners have been following and contacting Tenant on a regular basis and from all
information available believe that Tenant does not carry liability insurance as required under the Lease
Section IV (B) (8) that Tenant shall "take out and maintain public liability insurance which names City
as an additional insurer .... " LE 15. Once again Tenant has a suspended corporate status so it would be
precluded from purchasing insurance until it first made all of the government creditors whole and had its
corporate status restored. As a consequence of its suspended corporate status, it cannot conduct
business, including the act of purchasing liability insurance which the City certainly needs if the 8
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Starlight Theatre is to operate as a mapjuana growing facility and skateboard park on uneven floors next
to a giant hole in the ground, aptly named an orchestra "pit." LE 265-268. In short, and in the City's
own words, Tenant has created an attractive nuisance and that is a clear breach of the term of
maintaining the premises and inviting a dangerous and non-financially protected nuisance. LE 268. If
the City ever needed insurance coverage it would be for the Starlight Theatre as it currently stands and
absence of an insurance policy leaves the City liable for any damage caused to people on the property
and the City is unnecessarily putting taxpayers at risk of liability when they could easily lease the
Starlight Theatre to Creative or any other entity who would remediate the nuisance and purchase
insurance for which to make the City an additional insured.
Finally, under Section C of the Lease Agreement, Tenant assumes responsibility for maintaining
Starlight Theater. LE 7. When Petitioners did their walk through of the Starlight Theatre in August of
2015 they learned that most of the wood has been rotted and water pools when it rains. It is very
possible that simply neglecting routine maintenance can lead to significant structural damage. Even if
there is no major structural damage, Tenant is responsible for maintaining the property and that is a
material term upon which they are clearly in breach.
When considering policy implications of fully utilizing the Starlight Theatre, this Court can rely
on common sense that an active theatre is superior to an attractive nuisance. This Court can also
consider the San Diego City Council adopted the Balboa Park Master Plan on July 25 1989 where the
City seeks to utilize the Palisades area, where the Starlight theatre is, for cultural activities including the
performing arts 1• In the same vein, The Balboa Park Central Mesa Precise Plan reiterated the goals and
objectives of the 1992 Balbo.a Park Master Plan looked to include both community and institutions and
organizations that would encourage cultural diversity.2 As it stands, Starlight Theater is not fulfilling
the objectives of the above plans but is instead a wasted asset and potential liability. Starlight Theater is
a historical landmark; yet, contrary to the city's stated purpose of preserving historical buildings, and
utilizing them for cultural purposes, theatrical in this instance, the City Council has allowed a Tenant to
1 (available at: http://www .sandiego.gov/park -and-recreationlpdflparkdesignJbpmasterplan.pdf) 28 2 (available at http://www.sandiego.gov/planning/programs/parkplanning/pdf/bpcmpp/bpcmppfv.pdf)
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Petition for Writ ofMaI'ldate
keep possession that has left it unprotected from the elements and a criminal element. Public policy
2 demands the City protect its asset that is the Starlight Theatre and maximize its utility, clearly that is not
3 happening with Tenant.
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5 B. PETITIONERS HAVE STANDING TO BRING TIDS ACTION.
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The fact that the City needs to terminate its Lease Agreement with Tenant is likely not in dispute.
Petitioners believe that the City may argue they lack standing to bring and maintain this action, however
California Code of Civil Procedure § 526a states:
An action to obtain a judgment, restraining and preventing any illegal expenditure of, waste of, or injury to, the estate, funds, or other property of a county, town, city or city and county of the state, may be maintained against any officer thereof, or any agent, or other person, acting in its behalf, either by a citizen resident therein, or by a corporation, who is assessed for and is liable to pay, or, within o~e year before the commencement of the action, has paid, a tax therein. This section does not affect any right of action in favor of a county, city, town, or city and county, or any public officer; provided, that no injunction shall be granted restraining the offering for sale, sale, or issuance of any municipal bonds for public improvements or public utilities.
An action brought pursuant to this section to enjoin a public improvement project shall take special precedence over all civil matters on the calendar of the court except those matters to which equal precedence on the calendar is granted by law.
California Courts have broadly interpreted the idea of providing taxpayer standing. As the California
Supreme Court explained in Blair v. Pitchess (1971) 5 Cal. 3d 258:
The primary purpose of this statute, originally enacted in 1909, is to "enable a large body of the citizenry to challenge governmental action which would otherwise go unchallenged in the courts because of the standing requirement. n [] California courts have consistently construed section 526a liberally to achieve this remedial purpose.
At 276-268 (citations omitted). Under. those principals Blai1~ provided standing for taxpayer plaintiffs to
maintain an action against county officials for misusing funds. The present litigation does not allege
misuse of funds for personal gain of the City, rather an abuse of a taxpayer asset to such an extent that
this Court must be forced to step in and ensure taxpayers are represented by a competent City Council.
Petitioners contend taxpayer standing is quite clear, even if this Court disagrees, Petitioners
further contend they have standing to bring and maintain a "citizen suit" as the Court Common Cause v.
Board ojSupervisors (1989) 49 Cal.3d 432, 439 held it unnecessary to detennine if the plaintiffs had
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standing under CCP § 526a because they had "citizen standing." Connerly v. State Personnel Rd.,
(2001) 92 Cal.App.4th 5 explained that "[t]axpayer suits and citizen suits are closely related concepts of
standing. []The chief difference is a taxpayer suit seeks preventative relief, to restrain an illegal
expenditure, while a citizen suit seeks ,affirmative relief, to compel the performance of a public duty. []
Where standing appears under either rule, the action may proceed regardless of the label applied by the
plaintiff. " Id. at 17 (citations omitted). Indeed, "Citizen suits may be brought without the necessity of
showing a legal or special interest in the result where the issue is one of public right and the object is to
procure the enforcement of a public duty." Id. Petitioners are seeking to quell what the City recognizes
as an attractive nuisance by getting Tenant out of the Starlight Theatre and offering to have Creative, or
another interested entity, take control of Starlight Theatre, fix it up, and bring theatrical performances
once again to San Diego's beautiful Balboa Park. Petitioners have standing to bring either a taxpayer or
citizen suit, as clearly someone must step forward to make the City act after five years.
III.
CONCLUSION
Petitioners view the Starlight Theatre as a truly unique opportunity for the City of San Diego.
Petitioners vision would be to turn Starlight Theatre into a one of a kind, technically adept, high-end
community theatre. Petitioners fully recognize the limitations on the Starlight Theatre being under the
flight path and recognize as a mid size theatre it will struggle to operate under management like
Tenant's, where expensive lighting and sound equipment are installed and removed for every act. It
becomes financially untenable especially for those acts unfamiliar with the airplane noise as obtaining
optimized sound is quite difficult. Petitioners have the technology, equipment (a quarter million dollars
worth ready to install), and know-how to implement systems allowing for a full scale musical at night
and then a small children's show the next day, and then back to the night musical with a simple swipe of
an ipad (Plus time to change out the sets - but the sound and lighting would be digitized and could be
modified on a tablet). In the past, large scale music, theatre and touring acts balked at the set up costs at
Starlight, but would now find it as the most cost-effective and technically adapt venue in San Diego.
Under Petitioners' vision there could easily be one hundred events per calendar year at the Starlight
Theatre, everything from the musicals 'which Petitioners believe are the heart of'Starlight, to concerts,
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holiday shows, corporate retreats, kid shows, and a space where anyone who wants to do something
creative can book a beautiful venue with reasonable costs. Petitioners full well understand that their
vision is not before this Court, but their right to pitch their vision to the City is because Tenant is in
irreparable breach of their Lease Agr~ement.
After this Court orders the City to terminate its lease with Tenant, it may be that the City Council
believes another groups vision for the optimal use of operating Starlight Theatre is superior to
Petitioners. Petitioners will gladly accept that fate as the key to this litigation is to save Starlight Theatr
whether it is done by Petitioners or someone else. It has been far too long since the beautiful and
historic venue has been used. It is time that this Court order Respondent San Diego Civic Light Opera
Association, Inc. to exit stage left.
Petitioners respectfully request this Court issue a Writ of Mandate and order the City Council to
tenninate the City's Lease with Tenant.
Respectfully Submitted,
Adam Van Susteren Attorney for Petitioners
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VERIFICATION
I, Stephen Stopper, declare:
That I am a Petitioner in the ab'ove-entitled action. I have read the foregoing Petition for Writ of
Mandate and know the contents thereof and all of the allegations are true and correct based upon my
own knowledge, except as to those matters which are therein alleged on information and belief and, as to
those matters, I believe it to be true.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Executed on this 3rd day of September, 2015, at San n" go, California.
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Petition for Writ of Mandate
RE UEST FOR JUDICIAL NOTICE IN SUPPORT OF PETITION FOR WRIT OF MANDATE
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3 In support of Petitioners' Writ of Mandate to issue a Court Order to the City Council of the City
4 of San Diego to terminate its Lease Agreement with the San Diego Civic Light Opera Association for
5 the Starlight Theatre, Petitioners request this Court take judicial notice of the following documents
6 relating to the within action on the grounds that they are not reasonably subject to dispute and are
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8 capable of immediate and ac~urate determination under California Evidence Code § 452 (h) and
9 California Rules of Court 3.1306. The documents which this Court is requested to take judicial notice
10 are:
11 EXHffiIT # DESCRIPTION OF ATTACHED DOCUMENT
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1. Lease Agreement between City of San Diego and San Diego Light Civic Opera l3 2. Ca. Sec of State Status of San Diego Civic Light Opera Association
14 3. Bankruptcy Court Claims Register for San Diego Civic Light Opera Association 7. 2014 City Budget Memo
15 8. Starlight BowllTheatre feasibility study by Heritage
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19 Dated: 7111 r VAN SUSTEREN LA W GROUP
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By· ADAM VAN SU~N Attorney for Petitioners
Petition for Writ of Mandate
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DECLARATION OF STEPHEN STOPPER IN SUPPORT OF PETITION FOR WRIT OF
MANDATE
I, STEPHEN STOPPER, have personal knowledge and hereby testifies as follows:
1.
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I am above eighteen ye;rrs of age and am competent to testify herein.
I am a resident and taxpayer in the City of San Diego.
I have been involved in the arts for my entire life. I played in a band called August in the
8 late seventies or early eighties where Van Halen was an opening act for my band (before Van Halen
9 became huge). In conjunction with the School for Creative Careers this past year I have worked with
10 Death Cab for Cutie who had a number one song Black Sun and other recent hits. I have written plays,
11 musicals, and other theatrical performances. In addition to my personal life with music and the arts, my
12 career for the past thirty years has been in the audio, visual, and production aspects of events and event
13 spaces, including technical upgrades at dozens of San Diego entities.
14 4. The Starlight Theatre i~ a fantastic venue and a hidden gem in the City of San Diego that
15 I strongly believe needs to come back to life. In my professional capacity I not only worked with the
16 sound, lighting, and technical aspects, I also was made aware of day to day operations and issues. I
17 believe it sitting vacant leaves a huge hole in the San Diego arts scene. I have created the website
18 www.savestarlight.com and have taken every step I could th,ink of to work with the City of San Diego to
19 get the defunct SDCLOA out of the Theatre to bring someone else in before having this lawsuit filed.
20 5. On August 21,2015 I toured the Starlight Theatre with two different contractors and
21 believe that for less than two hundred thousand dollars the Theatre can be made safe and operational. I
22 recognize that much more money would be necessary to make this Theatre ideal, however, it could be
23 safe and operational within a few months and if the School for Creative Careers was in charge of the
24 venue it could have its first theatric performance within six months of being awarded the Theatre.
25 6. Using my previous experience with Starlight Theatre and others, coupled with my
26 experiences of the successes and growth of other community entities I partner with, such as the San
27 Diego International Fringe Festival, I am more than famili~ with the biggest obstacles to running this
28 theatre in its unique environment and know what to address. Mitigating, if not eliminating, the largest
costs associated with operating the Stariight Theatre include the installation of semi-permanent sound 15
Petition for Writ of Mandate
and lighting equipment of which the School For Creative Careers and I are ready to donate,
2 approximately one quarter million dollars-worth of equipment.
3 7. Another huge expense was the cost of producing shows in.house. We will use our
4 community connections and partner with local performance entities to bring a higher quality and a
5 higher count of shows than ever before while removing that huge outlay.
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8. Rehearsing shows for weeks on the actual Starlight stage wasted prime event times and
ran up operating costs further. In my vision, only staging and dress rehearsals will be allowed in the
theatre itself which would allow for far more shows, including touring groups interested in a one off and
not a three week series which is better suited to the smaller more intimate Old Globe.
9. As an acoustic expert, I understand the Starlight Theatre is directly under the flight path
so there are large sound qualjty hurdles, however, my experience working with acoustic environments as
sensitive as the Marine firing range at Twenty Nine Palms and the historic USS Midway Museum, I can
work with the School For Creative Careers to best position speakers to help overcome plane noises and
also counter reverberations. For delicate sound requirements of certain performances I have
partnerships ready to install noise cancelling headphones for patron use. While that may not be ideal for
optimized sound, it is a readily achievable and cost effective solution for putting on high quality events
at a beautiful venue while preserving the historic aspects of the Starlight Theatre.
10. The School for Creative Careers mission already offers the window to fulfill the theatres
long standing and endearing '.'learn by.doing" platforms and creates a strong opening for support thru
donations and philanthropic input. The City's goal should be to get the venue up and running again as
soon as possible in a cost effective way to taxpayers. The School for Creative Careers stands ready,
willing, and able to do so, and there also may be other organizations that would bid to see if they can
beat my vision for a cost effective, high end community theatre.
11. I have been in contact with the City for years and through my attorney have been in
contact with them since September 4,2014. I asked my attorney for an update as of the date of signing
this declaration and neither he, nor I, have heard from the City of any movement towards terminating its
lease with SDCLOA for the Starlight Theatre. I believe it is well past time the City act on behalf of all
residents and visitors to San Diego.
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Petition for Writ of Mandate
12. In communicating with-the City, I have been in communication with my attorney and
2 have reviewed each document that is in the Lodged Exhibits.
3 13. Lodged Exhibit 4 is a true and correct copy of a letter I authorized my attorney to send to
4 the City of San Diego to obtain more information about the Starlight Theatre.
5 14. Lodged Exhibit 5 is a true and correct copy of email communication I have reviewed
6 between my attorney on behalf of the School For Creative Careers with the City of San Diego. I
7 recognize both email addresses and have personally communicated with Stephen Hill before and am
8 familiar with his email address.
9 15. Lodged Exhibit 6 is a true and correct copy of a letter that my attorney sent to the City
10 Council by way of Todd Gloria and the entire council to which the City replied in Exhibit 5.
11 16. Lodged Exhibit 9 are true and correct copies of pictures taken by a School For Creative
12 Careers supporter on August 21, 2015: I was at the Starlight Theatre when the pictures were taken and
13 they are accurate depictions of the evidence of skateboard equipment, disrepair and unkemptness, and
14 graffiti.
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17. Pursuant the California Public Records Act Request, I have reviewed an email chain
between Susan Lowery-Mendoza, San Diego Park and Recreation Department Manager of Balboa Park
and Kimberley Layton of the board of the San Diego Civic Light Opera Association wherein Ms.
Lowery-Mendoza informed Ms. Layton that the San Diego Police Department was called because heat
lamps and marijuana plants were found in the Starlight Theatre. In this email the City recognizes that
the Starlight Theatre "has become an attractive nuisance and in need of a major clean out and securing
with higheribetter fencing." A true and correct copy of that email is attached as Lodged Exhibit 10.
LTY OF PERJURY UNDER THE LAWS OF THE STATE OF ~~ .... ~O IS TRUE AND CORRECT
28 Signed on this 3rd day ofSept~mber, 2015, in San Diego, CA.
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Petition for Writ of Mandate
