STEPHEN BEALS │PLC
ATTORNEYS AT LAW
26350 Carmel Rancho Lane
Suite 215
Carmel, CA 93923
P.O. Box 223399
Carmel, CA 93922
Voice: 831.626.6400
Fax: 866.624.7746
www.stephenbeals.com
January 12, 2011
VIA FACSIMILE AND US MAIL
Mr. Donald Freeman, City Attorney
City of Carmel
PO Box 805
Carmel, CA 93921-0805
RE: CARMEL CITY COUNCIL MEETING NOVEMBER 2, 2010- AGENDA ITEM XI, F
Dear Mr. Freeman:
As I mentioned in our last telephone conversation I represent the Forest Theater Guild regarding the above referenced matter. I was recently informed that the City of Carmel has agreed to bring this matter back to the Council for consideration at their February meeting- if this is not correct please let me know immediately.
As a formality, I believe it is necessary to explain our position regarding the action taken, which I will do below.
The Agenda for the November 2, 2010, meeting states:
“Receive report and provide policy direction on circulating a Request for Proposal (RFP) for the management and operation of the Children’s Experimental Theater.”
What occurred was the Council took action that directed staff to negotiate a lease agreement for the theater; which is absolutely not what is described in the Agenda. This action clearly violated California Government Code § 54954.2. On November 24, 2010, the City was provided written notice of objection to the action from Mr. Safwat Malek.
I understand the City has decided it is best to bring this matter back to the Council and place the item on the February Agenda. My clients look forward to having an opportunity to present their proposal for the “Youth Arts Academy.”
My client appreciates the City’s decision to consider all possible options for the Children’s Experimental Theater. As you know, Forest Theater Guild has been Carmel’s and Forest Theater’s “community” theater since its founding by Herbert Heron in 1910. My client is eager to present their proposal to the Council as their proposed use of the indoor space would allow a year round Forest Theater Guild operated program for youth in Carmel and offer the community an expansion into multi-media arts and film.
Assuming the City has agreed to properly re-notice this matter and conduct a public hearing at its City Council meeting in February, as I understand it has, I have been directed to withhold taking further legal action against the City at this time.
Very truly yours,
STEPHEN BEALS │ PLC
SJB;jmh
cc: Council Members, City Administrator
8 comments:
Oh, dear. Here they go again. Beals opines "As you know, Forest Theater Guild has been Carmel’s and Forest Theater’s “community” theater since its founding by Herbert Heron in 1910." Wasn't it brought up here a few months back that the Forest Theater Guild is no where near 100 years old? Can you repost your research on that? It's bad enough that Sue likes to rewrite history on occasion, but now this again? P.S. - I attended the FT anniversary, at which the Guild participated, and the documented history in the event program (which I kept) was very clear: The first guild lasted only a dozen years starting around 1950. A different guild (this one) started decades after that. If these are the kinds of facts they play loose with, god help us if they ever start teaching our children.
IMPORTANT DATES:
By February of 1910, construction began on the theater. It was a simple plan: a wooden proscenium stage with a scrim of pines and plain wooden benches. Meanwhile, Heron was busying organizing the first production with the help of the newly minted ‘Forest Theater Society.’ The first theatrical production, David, a biblical drama by Constance Lindsay Skinner, inaugurated the Forest Theater on July 9, 1910.
In 1924, in order to solve this dilemma and rebuild a healthy theater scene, the producing organizations merged under the auspices of the old Carmel Arts and Crafts Club, forming the Forest Theater Corporation, a unifying entity to produce and manage the plays staged at the Forest Theater.
In 1949, realizing that a supporting organization was needed for the City-owned facility, Heron organized and co-founded the Forest Theatre Guild.
Unfortunately, despite some continued play production, parts of the theater were left in disrepair. Upkeep was not maintained by the City and, during the mid-1960s, the weed in the stage and seating rotted and the grounds became rundown. By this time, the Forest Theater Guild had become dormant, and, with a few minor exceptions, no plays were being shown on the main stage.
The Forest Theater Guild (FTG) was reactivated and, in 1971, in order to raise needed funds as well as draw attention to the possible closure, produced a staged reading of Robinson Jeffers’ Medea and The Tower Beyond Tragedy, featuring an electrifying performance by world renowned actress Dame Judith Anderson.
Source: Forest Theater Foundation Newsletter ‘Centennial Celebration’ with the ‘History of the Forest Theater,’ by Rose McLendon (Local History Librarian).
Monday, January 25, 2010
Forest Theater Foundation Newsletter: Centennial Celebration Forest Theater (July 9, 1910, July 9, 2010)
http://villageinforest.blogspot.com/2010/01/forest-theater-foundation-newsletter.html
I'll take the Forest Theater Guild any day over Steven Moorer and the Pac Rep!
The City should place the agenda item Receive report and provide policy direction on circulating a Request for Proposal (RFP) for the management and operation of the Children’s Experimental Theater on the February City Council agenda. In fact, the City should have recognized its egregious error and placed it on the December or January city council agenda. The City, particularly Mayor Sue McCloud, has a history of Brown Act violations and City Attorney Don Freeman has had a cavalier attitude toward these violations knowing the D.A. does not have adequate resources to investigate and individuals and organizations are loath to expend limited resources for attorneys. Therefore, the City should consider any and all proposals for the operation of the Indoor Forest Theatre by the Forest Theater Guild, PacRep and any and all other organizations with proposals. Perhaps this will represent an opportunity for the City to think and act creatively and put forth some constructive suggestions which would above all benefit the children of our community now and into the future for generations to come.
I am inclined to cut FTG some slack here. There is a commonality between the Society and the Guild. His name was Herbert Heron. Without Herbert Heron and his vision we would not have what we have today in the Forest Theater.
Anyway, FTG has a claim to a longer historical association with the Forest Theater than PacRep.
The earlier rants from Stephen Moorer shows he is a poor role model for our kids.
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