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HomeMy WebLinkAbout02/06_1/2001, C10 - APPOINTMENT OF REPRESENTATIVES TO AN AD HOC PERFORMING ARTS CENTER ENDOWNMENT DEVELOPMENT TASK FORCE Council Mmb° z _ �_ol j acEnaa REpoRt I=N°°� >_O CITY OF SAN LUIS OBISPO FROM: Wendy George, Assistant City Administrative Officer (lJ� SUBJECT: APPOINTMENT OF REPRESENTATIVES TO AN AD HOC PERFORMING ARTS CENTER ENDOWNMENT DEVELOPMENT TASK FORCE CAO RECOMMENDATIONS: Appoint Council Members Marx and Mulholland to represent the City on an ad hoc task force being established to explore ways of developing an endowment for the Performing Arts Center and reviewing other long-term funding issues. DISCUSSION Background In 1986 the City of San Luis Obispo, the Foundation for the Performing Arts Center(FPAC) and California Polytechnic University (Cal Poly) formed a partnership to create and operate a state- of-the-art performing arts facility. Two important agreements were created between the parties. The Development Agreement laid out the responsibilities of the parties during the construction of the building. The agreement stated that Cal Poly would donate the land and construction costs would be paid 2/3 by the University, 1/6 by FPAC and 1/6 by the City. An Operating Agreement said that FPAC and the City would make up any annual operating deficits on the part of the PAC on an equal basis. In order to assist the cash flow of the PAC, each year the two parties have paid an estimated amount toward the operating deficit in advance. Currently, the Council has approved an annual operating subsidy of $100,000 for the upcoming Financial Plan period. Additionally, Cal Poly has provided over $260,000 a year over and above its commitment to cover routine maintenance and utilities. Need for an Endowment In the Operating Agreement, the partners envisioned a facility that would be "self-sustaining", without reliance on annual contributions from the partners. They understood that the fees earned from the sale of tickets and rental of the hall are only minor, albeit important, sources of revenue. They also appreciated the fact that the three partners could not continue to subsidize operations in perpetuity. Accordingly, from the start FPAC began fundraising for an endowment, as well as for construction, so that interest from the endowment would make up any operating deficit. Unfortunately, the partners were forced to use the endowment funds to make up construction cost overrides. As a result, the City and FPAC have been subsidizing PAC operations ever since. Based on current estimates of operating needs, the shortfall could increase to an annual total of $500,000, on top of anticipated major maintenance, repair and replacement expenses. C10-1 Council Agenda Report—Appointment to PAC Task Force Page 2 Endowment Development Task Force During the recent public forum portion of the Council's goal setting process, representatives of FPAC and Cal Poly asked the City Council to appoint two representatives to an ad hoc task force that will assist the partners in developing a plan for an estimated $10 million endowment for the PAC. Such an endowment would provide a permanent solution to the PAC's on-going operational funding needs, and would ensure the protection of the already significant investment made by the partners. At the same time, the task force would address needed revisions to the Operating Agreement to more accurately address methods of funding the short term operating deficit, as well as other long-term funding issues. At the suggestion of the Mayor, staff is recommending that Council Members Marx and Mulholland serve as the City's representatives to the task force, with the Assistant CAO serving as staff support. FISCAL IMPACT There is no fiscal impact to this appointment. However, recommendations from the task force could have significant fiscal consequences in the future. The goal is that recommendations from the task force will be brought back to the Council in time to be considered as part of the 2001-03 Financial Plan development. ATTACHMENTS Letter from Cal Poly C10-2 CAL POLY Calitiiruia Polytechnic State.Uluversity Sau Luis Obispo,CA 93.407 Administration&Fin-mcc Division (805) 756-2171 ^ Fax 15051 756-7560 January 12, 2001 Mayor Allen Settle& City Council Members City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Dear Mayor Settle and Council Members: On behalf of the Central Coast Performing Arts Center Commission (CCPACC), I am forwarding the enclosed statement of request for Council consideration in the upcoming budget deliberations. This request has the conceptual endorsement of the CCPACC and reflects the ongoing commitment of the Partners to ensure stable funding to address the operating needs for the Performing Arts Center over the next five years. While this request addresses the short-term strategy to protect the collective investments of the Partners in the Performing Arts Center, a permanent solution rests with the successful raising of an endowment. This need is articulated in the enclosed letter of support from the Foundation for the Performing Arts Center(FPAC). Needed revisions in the Operating Agreement and the development of a strategy to aggressively build the endowment will require active participation by the City as a Partner. We encourage the formation of a work group with representation from the Council with the charge being to address these two priorities. We appreciate favorable consideration of the budget request and the naming of Council and City staff representatives to the work group. Sincerely, 11? Frank Lebens Vice President for Administration&Finance Enclosures: (1) PAC Budget Request from CCPACC (2) Letter of Support from FPAC cc: CCPACC Members RECEIVED W. Baker .104 12 2001 K. Hampian 3LO CITY COUNCIL TL, Stem Llura o-.Bok'-11,1,l•C6.mn.I IJan.h•I.I,1,,,• Ixp�ull;;ne till..•In . .I ill,n,io• .1.1 and• I'll III •I.m,11,.x.5 I \ 1 n D.I.mna\Ila, •N,111116,lg, •Ranon.1•S.t, a, I•San li.rn.n,lim,•$,in 11i�g„.ti,in Pr.inaur,••ti.m L,., •ti:n,I.ui.t.1'jNI"•ti,in\tai,t - ti Performing Arts Center Budget Request To meet Community Expectations for a Quality PAC HISTORYAND VISION OF THE PARTNERSHIP In 1986, the City of San Luis Obispo, the Foundation for the Performing Arts Center (FPAC), and Cal Poly formed a unique partnership to create and operate a state-of-the-art, world-class performing arts facility. Ten years later, in September 1996, the Christopher Cohan Center opened as a result of the dedicated efforts of the three partners. The three Partners had an uncompromising vision for the facility—"to create a home for the performing arts in San Luis Obispo County and to do it with taste, distinction, and quality."t They conceived of an architecturally exciting Center, equipped for acoustical and theatrical excellence. Their mission would be to dedicate such a splendid resource to both local arts groups and major touring acts. JVHAT HAS BEENACCOMPLISHED The facility has become the home for fourteen community-based groups, as well as Cal Poly Arts, a campus-based arts presenter. In addition, four area public schools currently stage concerts that feature student musicians. The center's Outreach Services program exists to promote ease of use to the center and its services, primarily for area youth. In 2000-01, 14,000 K-12 students will attend performances there, and 4,400 students will perform on the main stage in Harman Hall! Community arts organizations will produce more than 100 public performances in the Cohan Center. The Performing Arts Center has enhanced San Luis Obispo's cultural life, intensified the spirit of community, and brought economic benefits to the city and local businesses. The Performing Arts Center(PAC) also serves Cal Poly, as well as the local schools and surrounding communities. It is a portal to the campus, making a dramatic impression on arriving students and parents. The campus hosts many dignitaries at the Cohan Center with tours, meetings, receptions and concerts. Cal Poly students, faculty, and staff perform in academic productions that are enhanced by the acoustical and theatrical excellence of Harman Hall. During the academic year, for instance, Cal Poly will hold more than 225 activities in the Cohan Center. Carnpus pride and prestige are entwined in this unique Partnership with the community. Across public higher education,this Partnership is viewed as a model for town-gown collaboration and success. PARTNER CONTRIBUTIONS TO DATE Design and construction costs of the PAC totaled $30,412,654 with Cal Poly,through the state capital outlay program,providing $17,519,044 of this total. The state sources were legislatively !t Warren Sinsheimer and John Hartman."A Vision Comes Into Focus." A Performine Arts Center for San Luis Obispo County. 1990. Pagel 01/11/01 C10-4 capped at this amount. FPAC contributed $7,832,110 and the City of San Luis Obispo provided $5,061,500 toward design and construction. Key to the Partnership has been an Operating Agreement that defines the responsibilities of the partners once the PAC began operations. The Operating Agreement calls for Cal Poly to cover the costs of routine maintenance and utilities. Operating revenues and endowment earnings were to cover the balance of the operating costs of the Performing Arts Center. Any shortfall in the source of funds for operations were to have been covered equally by the City of San Luis Obispo and the Foundation for the Performing Arts Center. As a result of the need to redirect what endowment had been raised by FPAC to cover the cost of initial construction, all three partners have rallied to cover operating needs since the PAC began operations. Over the last three full years of operation(July 1997 through June 2000)partner contributions toward operations and miscellaneous equipment have been as follows: Cal Poly $2,224,297 (incl. utilities and routine maintenance) FPAC $1,120,289 City of SLO $512,434 (including an unspent commitment of$150,000 for acoustical upgrades). NEEDS TO FULFILL THE VISION— Operations maintenance repair and replacement Already a fine venue with an ambitious mission, the Cohan Center is poised to become one of the elite halls in world, befitting the cultural vitality of the Central Coast. However, it will take a sustained, cooperative efforts of the three partners to insure that the vision is fulfilled. Stability in a source of fund for operations is critical. Likewise, while Cal Poly can fulfill the commitment to routine maintenance, the expectation is that this facility merits high standard of care with an extraordinary level of maintenance beyond the routine, and predictable repair and replacement cycles for key equipment and amenities. Lastly, there still exists the need to invest in some key acoustical enhancements in Harman Hall, and equipment to make the Pavilion ultimately operational. A Self-Sustaining Institution: In the Partners' Operating.Agreement, the founders of the Christopher Cohan Center envisioned a facility that would be "self-sustaining,"without reliance on}annual contributions from the Partners to the operating budget. They deeply valued the generosity of the City, the Foundation, and Cal Poly, but understood that public entities can change priorities. They also knew that, as for all performance halls, fees earned from the sale of tickets are an important but minor source of revenue. Lacking an endowment at the present time, in 2000-01, Cal Poly,has been providing over$260,000 per year over and above the commitment to cover routine maintenance and utilities (approximately$300,000), and the City and FPAC have each contributed $50,000 to $65,000 per year in necessary annual operating support. It is projected that it will take an average of$500,000 per year from the three partners to cover PAC operating budget needs each year through 2006 beyond what is provided by other revenues until such time as the endowment can be raised. Continuation of this approach or any variation that does not follow the Operating Agreemenkt provisions, will require a revision of that document. 2 C10-5 The Partners have made the Operating Endowment their number one priority. Earnings from an accumulating principal will make up any annual shortfall between revenue and operating costs. In year 2000 dollars, a fully funded endowment will require $10 million in principal. A fully funded endowment guarantees stability and ensures that the Center will be a major community resource in perpetuity. It is an insurance policy against the economic and political uncertainties that often beset the finest cultural institutions. Maintaining Excellence: In addition to completing the.Center as the Partners envisioned, it must be maintained with a very high standard of care. The facility is a visible symbol of partnership, quality and culture. According to the Partners' Operating Agreement, the University will underwrite utilities, minor repairs, and daily custodial care, while keeping up the major structural elements and systems. The major maintenance, repair and replacement of furnishings, finishes and equipment, were to be paid out of a sinking fund, created with a Facility Fee levied on tickets. Instead, the revenue from this fee repays a$1 million loan that funded equipment necessary for the Center to open in 1996. Until this loan is retired in 2006, the Partners must cover non-routine maintenance, repair and replacement. Were this to be funded on an equal basis among partners, each Partner would be expected to provide $125,000 toward this effort through the year 2006. Alternatively, a revised formula that aggregates this need with operating shortfalls and the routine maintenance and utilities could be adopted. This revised approach is addressed later in this document. NEEDS TO FULFILL THE VISION— Capita!items Acoustical Excellence in Harman Hall: Audiences and performers, appreciative of the sound that Harman Hall now produces, sense that it can deliver even better acoustical quality. At the request of the three Partners, the acoustical design firm Kirkegaard and Associates has confirmed this fact. They have identified technical improvements to the Hall that will gather and direct sound so artists can hear themselves clearly and improve their orchestrated effects. Other technical changes will suppress ambient noise and balance the dispersion of sound throughout Harman Hall. These changes will enhance the sounds from the perspective of the audience. Versatility in the Pavilion: The Pavilion is a multi-use venue for rehearsals, receptions, banquets, dances, parties, meetings, speakers, displays and expositions. It was also designed to ser�ce as a performance venue,but it lacks equipment and its rigging is insufficient. As a result, , formance capability is limited and the cost of staging events often is prohibitive. Outfitted properly, this space could serve as an incubator for new groups and artists, stage conferences and exhibitions, and provide profitable returns to performing groups and the Center. The City of San Luis Obispo has already committed$150,000 toward acoustical enhancements and Cal Poly has committed$600,000 total toward this effort spread over the next four years. FPAC has expressed a willingness to match the$150,000 commitment from the City over the next four years as well. Clearly, capital improvements differ in terms of the manner by which costs are apportioned by partner e.g. designated gifts through FPAC, special requests by the University for specific enhancements, etk. This suggests that cost of capital items will continue to be addressed on a case basis. 3 C10-6 PROPOSED ANNUAL PARTNER PARTICIPATIONIN FUNDING THE ENVISIONED NEEDS THROUGH 200512006 To fulfill the vision for the Performing Arts Center, it is recognized that the involvement of each of the three partners is critical. Fulfillment of the grand vision related to fully funding an endowment as well as funding all of the capital needs of the facility will depend in part on the success of a fund raising campaign. However, it is critical that commitments be made now to facilitate timely decisions geared toward protecting the investment that the partners have made in the facility. Likewise, some of the capital items are needed now to meet the expectations of the community patrons. These should not be delayed and can be accommodated with relatively small commitments on the part of the partners. Absent an endowment, strict implementation of the current Operating Agreement calling for the City of SLO and FPAC to share the cost of any shortfall from operations would result in combined contributions from the City and FPAC averaging$500,000 per year for the next five years. Cal Poly would continue to provide routine maintenance and utilities at an estimated $325,000 per year over the five year period. These partner commitments are in addition to what would be required to address the major maintenance, repair and replacement needs. It is estimated it will take sinking fund investments of approximately $375,000 per year. Again it has been proposed that the partners share equally in the obligation for this sinking fund until such time as the facility fee income now used to retire the equipment loan from heritage Oaks Bank can be made available in 2006. Using this model or even one in which Cal Poly would continue to subsidize operations beyond the Operating Agreement, places a potentially unworkable burden on all three Partners with less than adequate incentives for all the Partners to aggressively work to raise the endowment. A more predictable approach preferred by the Central Coast Performing Arts Center Commission, alluded to earlier in this document, would aggregate operations, routine maintenance and utilities, and major maintenance, repair and replacement. The total requirement could then be apportioned using the oft cited 2/3, 1/6, 1/6 split to Cal Poly, FPAC and the City, respectively. This would, using the estimated annual needs cited above, assign averaged costs ove the five years to the partners as follows: Cal Poly $800,000 FPAC $200,000 SLO $200,000 As endowment and other earnings sources materialize, they would be used to reduce the total obligation while maintaining the same apportionment among the three partners. All other factors remaining stable, since inflationary factors have been applied to the estimates, actual assessments to the Partners would be slightly less in the earlier years of the five year agreement and slightly more in the later years. !� 4 C10-7 Anticipating a restructured Operating Agreement, the three entities that comprise the partnership will be asked to participate in the funding model outlined above. Favorable action by the Council of The City of San Luis Obispo is key to the success of the Performing Arts Center over the next five years. Concurrently, the Partners will work aggressively together to insure that the endowment objectives are achieved and that appropriate sources of funding for the capital improvements are raised. �f 5 C10-8 UNDATION FOR THE FORMING January 5, 2001 USCU ER City of San Luis Obispo Attention: Department of Finance 990 Palm Street San Luis Obispo, CA 93401 Dear Council members: RE: GOAL SETTING AND THE PERFORMING ARTS CENTER Background Over the past 13 years the City of San Luis Obispo has been a partner with Cal Poly University and the Foundation for the Performing Arts Center(FPAC) in designing and building the magnificent San Luis 01ispo Performing Arts Center. !-I-e itc opening in 1996, more than 100,000 visitors each year have attended events at flic Center; it has brought both cultural and financial benefits to our community. A UCSB economic report showed the first 13 months of the Center's operations in 1996/97 brought in a total of $8.3 million in economic activity to the County of San Luis Obispo, with the City of San Luis Obispo receiving the majority of that benefit Today, that totalis certainly much greater, as is the wealth of cultural events hosted at the Center. It is surely fair to say that none of the partners -- including the City Council that voted to involve itself in the effort --anticipated the huge cultural success of the Center or its contribution to the local economy. Since 1996, the partners have continued to support the Center financially each year-- providing the equipment essential to running it; funding repair and maintenance of major equipment items; and supporting annual operations. Individuals and organizations in our County, through their contributions to FPAC, have provided a total of over$10.2 million to the project, far exceeding the amount of the original FPAC commitment. The City has generously contributed a total of approximately $5.5 million to the project and the University has contributed a total of approximately $20 million thus far. The partners have learned from experience that approximately $500,000 is required on an annual basis for operations to sustain this level of successful utilization. In addition, approximately $2 million is required to complete the facility's equipment needs. In recent months, a consensus has emerged that a four-year campaign to raise $10 million for endowment (generating $500,000 in annual operating income)and $2 million for equipment is the most responsible and effective way to provide for the Center's stability and future. I. O. Box 1137 in Luis Obispo difomia,93406 C10_9 '05/541-5401 805/781-3484 Page 2 WHAT? The partners feel that it is important to use this hearing process to keen the r.'ity Council apprised of these discussions. The University is pursuing a plan to contribme one-third of the monies required ($4 million). The Foundation is prepared to make plans to raise a further one-third of the monies, on the basis that the City will continue to be a dollar-for- dollar matching partner of the Foundation. The exact funding requirements of the campaign and their timing will be the subject of careful examination in the coming weeks. WHY? Although the City and FPAC have been generally equal partners, FPAC has contributed considerably more than the City -- its equal partner. Yet the City is receiving income or revenue from the investment of all the partners. Contributions to assure the continued success of the Center really constitute an enterprise investment for the City. not just another cost, for it is probable that the community benefits from mor- than X8.3 million in economic activity as a result of the Center's current operations. Mreover, as long ago as 1996, the Center was supporting 146 local jobs, bringing in large n,!mbers of overnight visitors and generating over$3 million in personal income. All of t!,. ;e economic activities have increased -- and certainly will continue to increase il'«c complete the partnership investments. The continued and growing contribution that the Center makes to the community's quality of life is, of course, an equally important reason for this investment decision. HOW? The Center's design, its building and its funding were all done as a result of a unique public-private partnership agreement. This request continues the partnership concept with this additional highly desirable prospect: We are within four years of a steady-state operation. The $12 million endowment plan gives the partners a realistic expectation that the Center's success will become truly secure. In this way, with the three partners each contributing a one-third share, we will secure the future of the Center and will do it in the next few years. Only by doing so can we maintain the value of our original investment; only by doing so can we continue to realize and increase the important economic benefits that the Center provides to the community; and only by doing so can we assure the Center's continuing enrichment of our community's cultural life. Sincerely yours, Bert Forbes 4resident President C10-10