Saturday, May 03, 2014

COMMENTARY City’s Stewardship Record of Neglect & Deferred Maintenance of Public Assets for Years: Forest Theatre, Scout House, Public Works Forest Park Beach Building & Flanders Mansion

The City of Carmel-by-the-Sea has a stewardship record of neglect and deferred maintenance of public assets over years and years, especially Forest Theatre, Scout House, Public Works Forest Park Beach Building and Flanders Mansion. The City should be guided by Stewardship Principles, such as the City must maintain and upgrade existing civic assets to accommodate public needs with the goal of contributing to Carmel-by-the-Sea’s legacy.

FOREST THEATRE:
Mountain View Av. & Santa Rita St.


FOREST THEATER SIGN: DANGER KEEP OUT (Mountain View Av. & Santa Rita St. Gate)
DANGER
Do Not Enter! Unsafe To Occupy!
“This Structure is Unsafe and its Occupancy Has Been Prohibited by the Code Official”
KEEP OUT
It is a misdemeanor for any person to enter or occupy these premises for any purpose except to make authorized repairs or to effect demolition thereof.
Address: Forest Theater
Date 4/23/14
Signed Building Official
It is a misdemeanor to remove or deface this notice without permission of the Building Official.
Permit & Inspection Services Division
831.646.3890

Both the City of Carmel-by-the-Sea Five Year Capital Improvement Plan, July 1, 2014 – June 30, 2019 (March 18, 2014), and the City of Carmel-by-the-Sea Fiscal Year 2014-2015 Operating Plan & Budget (Proposed May 6, 2014) state identical Description and Justification for the Forest Theater Renovation, as follows:

Description Broadly defined, the scope of work includes: 1) demolition and reconstruction of all of the stage area except the existing understage concrete structure which currently houses the Children's Experimental Theater, dressing rooms, storage space, etc.; 2) demolition and reconstruction of the audience seating area; 3) demolition and reconstruction of a show production booth; 4) demolition and reconstruction of the concession building, restrooms, box office, and pathways to the various buildings, audience seating, and stage so all are ADA compliant; and 5) demolition and reconstruction of the parking area.

Justification This historic asset requires maintenance upgrades to meet current needs of the theater and to facilitate access for the visiting public. The renovation components of both phases can be segregated and accomplished at later dates based on budgetary constraints. Without certain upgrades the facility will not be useable.

In The City of Carmel-by-the-Sea Five Year Capital Improvement Plan, July 1, 2014 – June 30, 2019, (March 18, 2014), the Forest Theater Renovation Project Construction/Maintenance costs are $180,000 (FY 2014-2015) and $950,000 (FY 2016-2017) for a total of $1,130,000. In the City of Carmel-by-the-Sea Fiscal Year 2014-2015 Operating Plan & Budget (Proposed May 6, 2014), the Construction/Maintenance costs are $180,000 (FY 2014-2015), $950,000 (FY 2015-2016) and $2,000,000 (FY 2016-2017) (Unfunded) for a total cost of $3,130,000. From March 2014 to May 6, 2014, the total cost of the Forest Theater Renovation Project increased by $2,000,000. In both Plans, the Project’s Urgency level is 1 “Critical.” Yet, even though Mayor Jason Burnett stated that “We already knew the Forest Theater was being held together with chewing gum and baling wire” and the city administrator wrote that “without certain upgrades the facility will not be useable,” since the City hired City Administrator Jason Stilwell in 2011, the City has not proactively or constructively addressed the known serious public safety issues or publically held hearings on the described Forest Theater Renovation Project. Parenthetically, a recent facilities report of the Forest Theater by Harris and Associates, according to Mayor Jason Burnett, documenting “serious structural and electrical issues” leading to the immediate closure of the Forest Theater with chains and padlocks of each of the two vehicular gates and four pedestrian gates was not necessary to know there were serious issues with the Forest Theater. And while the decision to close the Forest Theater was made by “the public safety, building safety, and risk management professionals in the interest of protecting the public,” it is unimaginable that the city council would allow a tourist attraction, such as Carmel Beach. Devendorf Park or Sunset Center, to deteriorate to the extent that the City required public safety, building safety, and risk management professionals to mandate the “closure” of these public assets to tourists.

SCOUT HOUSE
Mission St. & 8th Av., N.E. Corner

The City of Carmel-by-the-Sea Five Year Capital Improvement Plan, July 1, 2014 – June 30, 2019, (March 18, 2014), states the Description, Justification and Budget Impact/Other for the Scout House Renovations, as follows:

Description This project involves accessibility renovations and other improvements to the Scout House. The project includes designing an exterior lift from Mission Street to the entry patio, renovating the existing restrooms, replacing the roof and gutters, electrical and plumbing repairs, exterior painting and landscaping.

Justification An analysis of the feasibility of the upgrades was conducted in 1999 and estimated the cost of the accessibility renovations at $284,000 and other improvements at $87,000. Accounting for inflation, the estimated cost for these improvements would be $391,385. Once renovated to meet accessibility requirements, the facility could be used for community and private events.

NOTE: The Justification should also state: Meets the requirements of maintenance of a Historic Resource. “The Carmel Scout House is significant under California Register criteria 1 in the area of history, as an important component of the civic and social fabric of the community,” according to the DPR Form 523 prepared by Kent L. Seavey, Preservation Consultant, 2002. A copy of the three-page DPR Form 523 document is embedded.  
DEPARTMENT OF PARKS AND RECREATION (DPR 523)
Scout House (2002)

Budget Impact/Other The City currently pays for minimal preventative maintenance and security costs associated with this building.

The Scout House Renovations Project Planning/Design costs are $50,000 (FY 2015-2016) and Construction/Maintenance costs of $350,000 (FY 2016-2017) for a total of $400,000.  In the City of Carmel-by-the-Sea Fiscal Year 2014-2015 Operating Plan & Budget (Proposed May 6, 2014), the Scout House Renovations Project cost is $350,000 (FY 2016-2017) (Unfunded). In both Plans, the Project’s Urgency level is 3 “Important.”

While the “Scout House has been an integral part of the civic and social fabric of the community from the time it was built in 1931,” and used over the years by the Boy Scouts and Girl Scouts, and community groups, the City evicted all the users from the Scout House and closed the building to the public in 2002. And since the City hired City Administrator Jason Stilwell, the City has done nothing more than pay for “minimal preventative maintenance and security costs.”

PUBLIC WORKS FOREST PARK BEACH BUILDING:
E/s Junipero Av. between 4th Av. & 5th Av.

Both the City of Carmel-by-the-Sea Five Year Capital Improvement Plan, July 1, 2014 – June 30, 2019, (March 18, 2014), and the City of Carmel-by-the-Sea Fiscal Year 2014-2015 Operating Plan & Budget (Proposed May 6, 2014) state identical Description and Justification for the PD/PW Roof/Patio Replacement, as follows:

Project Name PD/PW Roof/Patio Replacement
Description This project is the replacement of the water proof membrane and concrete roof/patio structure at the front of the Police Department and over the Public Works garage/shop.

Justification This item has long been identified as a necessary and paramount matter for repairs. The existing structure is riddled with leaks that have rusted and deteriorated the reinforcing steel within the slab/roof. The structure is a vital building housing all of the Public Works equipment and personnel.

In The City of Carmel-by-the-Sea Five Year Capital Improvement Plan, July 1, 2014 – June 30, 2019, (March 18, 2014), the PD/PW Roof/Patio Replacement Planning/Design costs are $75,000 (FY 2014-2015) and Construction/Maintenance costs of $500,000 (FY 2015-2016) and $500,000 (FY 2016-2017) for a total of $1,075,000. In The City of Carmel-by-the-Sea Fiscal Year 2014-2015 Operating Plan & Budget (Proposed May 6, 2014), the Planning/Design costs are $75,000 (FY 2014-2015) with “Future” cost $5,000,000 and Construction/Maintenance costs $500,000 (FY 2015-2016) for a total cost of $575,000 and a total project cost of $5,575,000. From March 2014 to May 6, 2014, the total cost of the PD/PW Roof/Patio Replacement Project increased by $4,500,000. In both Plans, the Project’s Urgency Level is 1 “Critical.”

The City of Carmel-by-the-Sea Five Year Capital Improvement Plan, July 1, 2014 – June 30, 2019, (March 18, 2014) states the Description and Justification for the PD/PW Re-Painting, as follows:

Project Name PD/PW Re-Painting
Description This project is to paint the Police Department and Public Works buildings both interior and exterior. (This project does NOT include the interior of the shop area.)

Justification Both of these facilities are high profile use for both City staff and the public. The last time they received a thorough painting was about 25 years ago. Peeling, chipping and fading have occurred throughout both rendering an unsightly and old, dirty appearance.

The “Future Consideration” (Urgency 5) PD/PW Re-Painting Project Construction/Maintenance cost is $27,000 (FY 2016-2017) for a total cost of $27,000.

PW Garage Roll-Up Door Replacement: Table of Contents page 55, but not present

While the Public Works building holds city documents and is accessible to city staff, the building has been inaccessible to the public for years. And since the City hired City Administrator Jason Stilwell, the City has not done the minimum maintenance or construction needed to make the Public Works Forest Park Beach building accessible to the public.

FLANDERS MANSION (OUTLANDS IN THE EIGHTY ACRES, a National Register of Historic Places Resource, 1989)
Mission Trail Nature Preserve

Both the City of Carmel-by-the-Sea Five Year Capital Improvement Plan, July 1, 2014 – June 30, 2019, (March 18, 2014) and the City of Carmel-by-the-Sea Fiscal Year 2014-2015 Operating Plan & Budget (Proposed May 6, 2014), have no project entries for the Flanders Mansion. In City of Carmel-by-the-Sea Five Year Capital Improvement Plan, July 1, 2012 – June 30, 2017, there were three “unfunded” projects, namely Flanders Plumbing and Plaster Repairs, Flanders re-roof project and Flanders Sewer Line Repair/Replacement (all Priority 3 “Important”).

Project Name Flanders Plumbing and Plaster Repairs
Description
This project involves repairs/replacement of components in compliance with the Historic Buildings Act.

Justification
Meets regular maintenance of an Historic Resource.

The Flanders Plumbing and Plaster Repairs Project Construction/Maintenance costs were $8,000 (FY 2013-2014), $8,000 (FY 2014-2015) and $8,000 (FY 2015-2016) for a total cost of $24,000. The Project’s Priority Level was 3 “Important.”

Project Name Flanders re-roof project
Description
This project involves the removal of the existing roof tiles, repair of the underlayment and replacement of the existing roof tiles. The new underlayment would be the water barrier of the roof eliminating any leaks.

Justification
Meets the requirements of maintenance of a Historic Resource.

The Flanders re-roof project Construction/Maintenance costs were $225,000 (FY 2015-2016) for a total cost of $225,000. The Project’s Priority Level was 3 “Important.”

Project Name Flanders Sewer Line Repair/Replacement
Description
This project would include digging, trenching and exposing areas of the main sewer line and repairs or replacement as necessary to eliminate any current or future leaks.

Justification
Since the building is not currently occupied Staff has been able to make repairs as needed. However, more work is needed to maintain the building sewer line to meet Historic Resource conditions.

The Flanders Sewer Line Repair/Replacement Construction/Maintenance cost was $35,000 (FY 2014-2015) for a total cost of $35,000. The Project’s Priority Level was 3 “Important.”

Budget Impact/Other
Proper repairs would eliminate staff time needed except for yearly inspection and maintenance.

Note: All “Unfunded” Projects

Recent Background: In January 2013, the city council decided to offer the Flanders Mansion for lease. After one year, in January 2014, the city council voted 4-1 “to examine all the options, including holding onto the mansion, hiring a consultant to examine its historic designation, installing a curator, continuing to pursue a lease and taking the necessary steps toward a sale.” “Of about two dozen city-owned buildings, the Flanders Mansion shouldn't be regarded as a top priority,” City Council Member Victoria stated. And Mayor Jason Burnett stated "I want to resolve Flanders, but I don't want it to distract from higher priorities." “He, too, said there are other city buildings with more important immediate needs than the vacant home. He listed the police and public works facilities and children's library as examples.”

For years and years, the City had been intent on selling the Flanders Mansion Property, despite all the state and local laws protecting parkland. With the current city council, there appears to be no urgency or commitment to lease the Flanders Mansion as a single-family residence. Moreover, finding a public use for the Flanders Mansion as an integral part of Mission Trail Nature Preserve for park users was not seriously considered.

NOTE: The City of Carmel-by-the-Sea Fiscal Year 2014-2015 Operating Plan & Budget (Proposed May 6, 2014) includes as one of its Key Initiatives in 2014 “Flanders: Investigate the five options to move toward reaching a final resolution.”

CONCLUSION

The City of Carmel-by-the-Sea, Public Works Department Mission Statement states, in part, as follows:

It is the mission of the Public Works Department of the City of Carmel-by-the-Sea to provide and maintain public services, facilities and equipment, as established and assigned by the City Council and State Law, that contribute to the health, safety, and well-being of the community and to do so in an efficient and cost effective manner that has minimally detrimental effects on the environment.

The Department of Public Works is tasked with overseeing the structural integrity and maintenance of all City-owned facilities, including roads, as well as the City's fleet of vehicles.

A fundamental responsibility of city government is the care and maintenance of public facilities. Yet the City has failed to uphold the mission of the Public Works Department of the City of Carmel-by-the-Sea despite City Budgets of over $20 million over the years, including FY 2012-2013 Actual Budget of $21.06 million and FY 2013-2014 Revised Budget of $22.43 million. The FY 2014-2015 Proposed Budget is $23.95 million. Hence, taxpayer dollars are not the issue; rather priorities and commitment are the issues. Moreover, the Vision of the City of Carmel-by-the-Sea should be to ensure that all facilities are operated in a safe and habitable condition in support of government operations and public access. The Mission of the City should be to ensure responsive and effective city government operations through lease, design, construction, renovation and maintenance of City properties, while always keeping in mind the needs of the City’s customers, namely residents of and visitors to the City of Carmel-by-the-Sea.

Establishing Ordinance

THE CITY OF CARMEL-BY-THE-SEA is hereby determined to be primarily, a residential City wherein business and commerce have in the past, are now, and are proposed to be in the future subordinated to its residential character; and that said determination is made having in mind the history and the development of said city, its growth and the causes thereof; and also its geographical and topographical aspects, together with its near proximity to the cities of Pacific Grove and Monterey and the businesses, industries, trades, callings and professions in existence and permissible therein.

Adopted by Ordinance No. 96 passed on this 5th day of June 1929.

Given Ordinance No. 96, that “THE CITY OF CARMEL-BY-THE-SEA is hereby determined to be primarily, a residential City wherein business and commerce have in the past, are now, and are proposed to be in the future subordinated to its residential character,” it is especially egregious that the Forest Theatre, Scout House, Public Works Forest Park Beach Building and Flanders Mansion are inaccessible to the public because they are primarily resident-serving and/or resident-oriented facilities.

ADDENDUM:
The City of Carmel-by-the-Sea Fiscal Year 2014-2015 Operating Plan & Budget (Proposed May 6, 2014) includes “Significant Changes: Consider long-term options for City facilities including Forest Theatre; Public Services/Public Safety Building, Scout House, and Park Branch Library.”

Written, Compiled & Published by L. A. Paterson

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