SAVE STARLIGHT CHALLENGES CITY'S ACCOUNT OF STARLIGHT BOWL DECISION

Response says City never negotiated proposed lease, never identified what information was missing, and contacted media before notifying Save Starlight of its decision

Save Starlight, Inc. has formally responded through its attorney to the City of San Diego's October 1 decision to end lease negotiations and terminate the nonprofit's occupancy of the historic Starlight Bowl.

The six-page response from our attorney disputes key elements of the City's account, asks the City to correct the record, and raises serious questions about how a decade-long relationship with the volunteer organization was brought to an end.

At the center of the dispute is a basic fact: Save Starlight had already notified the City that it intended to begin returning possession of Starlight Bowl on October 1 if a lease was not awarded by September 30. The organization's attorney says that notice was provided August 31. 

"The Parties Did Not Fail to Come to Terms; the City Failed to Negotiate"

The City's October 1 letter cited, among other reasons, an "inability to come to terms" in lease negotiations.

Save Starlight's attorney strongly disputes that characterization. We were never in negotiations. We sent a possible lease agreement 6 months ago, they failed to respond.

For months, Save Starlight says it remained ready to discuss reasonable safeguards, funding requirements, construction phases and other terms that could have addressed the City's concerns while allowing restoration of the Bowl to move forward.

City Never Said What Information Was Missing

The attorney's response also challenges the City's assertion that Save Starlight failed to provide sufficient information to resolve concerns raised in August.

Save Starlight met the City's deadline and, on August 31, submitted a 10-page response and more than 300 pages of supporting documents addressing all nine categories requested by the City. The organization also offered to provide additional confidential information if necessary.

City representatives subsequently indicated that an update was forthcoming and that Save Starlight would be told if anything further was needed. The City never requested anything further.

Allegations Are Not Findings of Wrongdoing

Save Starlight also strongly objects to allegations involving its governance, finances and former executive director being treated as though wrongdoing has been established.

The allegations, according to the attorney's letter, originated with Save Starlight's former executive director, who has since sued the organization. Save Starlight disputes those allegations and says they will be addressed in the appropriate legal forum.

"Unproven allegations should not be transformed into established facts simply because they are repeated in a government letter or a newspaper story," Save Starlight said. "Save Starlight deserves the same fundamental fairness any organization deserves—the opportunity to respond, provide evidence and have the complete record considered."

Save Starlight Says City Went to the Media First

The attorney's letter also raises a serious concern about how the City's October 1 decision was communicated.

On the morning of October 1, Save Starlight's attorney says he provided the City with an advance copy of Save Starlight's planned press release and offered to hold its release until 4 p.m., giving City officials an opportunity to respond or request changes.

According to the letter, a Union-Tribune reporter contacted Save Starlight later that day, and "it appears the City informed the press that it was removing Save Starlight from the theatre before it served its letter on Save Starlight." 

Save Starlight was not simply "booted" from Starlight Bowl. The organization had already notified the City that it would begin returning possession October 1 if a lease was not awarded. The City's termination notice came afterward.

A Decade of Investment in a City-Owned Landmark

The attorney's response also details work Save Starlight says it performed while attempting to restore the Bowl.

According to the letter, Save Starlight continued to secure, insure and maintain the property after the Special Use Permit expired in February 2023, with the City's knowledge. The letter also asserts that Save Starlight performed City-assigned work at its own expense, including a $26,000 sewer-line repair, while several City-assigned improvements remained unfinished. 

The response further states that a donor had committed $1 million upon Save Starlight obtaining a lease and an additional $4 million over time—a commitment the letter says has been waiting for five years. 

"These are volunteers who gave ten years of their lives, their labor and significant amounts of their own money trying to save a historic San Diego landmark," Save Starlight said. "They were patient. They were persistent. They tried repeatedly to work with the City. The way this relationship has ended is profoundly disappointing and, in our view, deeply unfair."

"Save Starlight would far rather be restoring the Starlight Bowl than litigating over it," the attorney wrote. The letter states that the organization will not pursue litigation or a claim that does not advance its fundamental goal: saving Starlight Bowl. 

The Mission Has Not Changed

Despite the dispute, Save Starlight's position remains the same as it has been for a decade: Starlight Bowl should be preserved, restored and returned to public use.

The organization's attorney states that Save Starlight remains willing to help the City accomplish that goal, including submitting another proposal if the City provides the opportunity. 

"We wanted to save Starlight Bowl ten years ago, and we want to save it today. That has never changed. What has changed is that we are no longer willing to allow ten years of volunteer work and good-faith effort to be reduced to a misleading narrative about how and why we are leaving."

About Save Starlight, Inc.

Save Starlight, Inc. is a nonprofit organization formed to preserve and restore the historic Starlight Bowl in Balboa Park. Its volunteers have worked for a decade toward returning the venue to public use.

Media Contact:
Save Starlight, Inc.
info@savestarlight.com
619-865-0276