ABSTRACT: According to the Ralph M. Brown Act, § 54954.2. Agenda requirements; Regular meetings, “No action or discussion shall be undertaken on any item not appearing on the posted agenda...” The agenda item on the November 2, 2010 City Council agenda stated as follows: F. Receive report and provide policy direction on circulating a Request for Proposal (RFP) for the management and operation of the Children’s Experimental Theater. Moreover, the Staff Report, prepared by City Administrator Rich Guillen, stated in the SUMMARY, as follows: “An RFP is an excellent way to evaluate the best organization that has both the management expertise and the financial liquidity to operate the indoor theater.” § 54954.2. Agenda requirements; Regular meetings, the Agenda Item, Agenda Item Summary and Staff Report are reproduced and a link to the archived video of the meeting is provided.
54954.2. Agenda requirements; Regular meetings
(a) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting.
No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.
(Source: APPENDIX B THE RALPH M. BROWN ACT CONTENTS § 54954.2. Agenda requirements; Regular meetings, Pgs. 58-59)
AGENDA PACKET
Regular Meeting
Tuesday, November 2, 2010
4:30 p.m., Open Session
Archived video streaming
(4:59:00 – 5:11:55)
Broadcast date
Sunday, November 7, 2010
8:00 a.m., MCAET Channel 26
City Hall
East side of Monte Verde Street
between Ocean and Seventh Avenues
XI. Orders of Council
F. Receive report and provide policy direction on circulating a Request for Proposal (RFP) for the management and operation of the Children’s Experimental Theater.
Meeting Date: November 2, 2010
Prepared by: Rich Guillen
City Council
Agenda Item Summary
Name: Receive report and provide policy direction on circulating a Request for Proposal (RFP) for the management and operation of the Children’s Experimental Theater.
Description: Stephen Moorer of the Pacific Repertory Theater (PacRep) informed staff that he is authorized to manage the Children’s Experimental Theater (CET) and requested that his lease with the City for the use of the Forest Theater include using the CET indoor theater. PacRep has the keys and oversight of CET’s assets and indoor theater. Forest Theater Guild (FTG) board member Safwat Malek also inquired about using the CET indoor theater and asked for FTG’s contract to be amended to manage CET. Since the lease agreements for both PacRep and FTG have expired, now is a good time to review each lease to determine which agreement should be amended to include managing and operating CET and its indoor theater.
Overall Cost: The current leasing rate for use of the indoor theater is $160/month, plus any user charging admission or collecting a donation as a condition of admission must pay 10% of gross receipts. Staff recommends as part of evaluating any RFPs received that consideration be given to revising this fee structure.
Staff Recommendation: Provide policy direction.
Important Considerations: Preparing and circulating an RFP is the most equitable way to select a manager/operator of the CET indoor theater. At minimum, the RFP should include goals and objectives for the operation of the CET indoor theater, operational budget, qualifications and evaluation criteria.
Once the RFPs are received, an independent evaluation committee must review and recommend to the Council the most qualified candidate. Council will make the final decision on who is selected. Another alternative based on the attached letter submitted by the PacRep, would be to forego circulating an RFP and instead direct staff to negotiate a lease agreement with them.
Decision Record: None.
Reviewed by:
_____________________________ __________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
FROM: RICH GUILLEN, CITY ADMINISTRATOR
DATE: NOVEMBER 2, 1010
SUBJECT: RECEIVE REPORT AND PROVIDE POLICY DIRECTION ON CIRCULATING A REQUEST FOR PROPOSAL (RFP) FOR THE MANAGEMENT AND OPERATION OF THE CHILDREN’S EXPERIMENTAL THEATER
RECOMMENDATION
Provide policy direction.
BACKGROUND
Staff was recently notified by Mr. Stephen Moorer at the Pacific Repertory Theater (PacRep) that her is authorized to manage the children’s Experimental Theater (CET) and requested that his lease with the city for the use of the Forest Theater include the use of the CET indoor theater. PacRep currently has the keys and oversight of the CET assets and indoor theater.
During a subsequent meeting with Mr. Safwat Malek, who is on the Board of the Forest Theater Guild (FTG), he inquired about the use of the CET indoor theater and requested that FTG’s lease agreement be amended to authorize it to manage CET.
Both the PacRep and FTG lease agreements have expired and this would be a good time to review their respective leases to determine whose agreement should be amended to include the management and operation of the CET and its indoor theater.
STAFF REVIEW
The preparation and circulation of a Request for Proposal is the most equitable way to select a manager/operator of the CET indoor theater. The RFP should include at a minimum, such items as goals and objectives for the operation of the CET indoor theater, operational budget, qualifications and evaluation criteria.
Once the RFPs are received, an independent evaluation committee will review and recommend to the Council the most qualified candidate. The final selection decision will be the responsibility of the City Council.
Another alternative based on the letter submitted by the PacRep, would be to forego the circulation of a RFP and direct staff to negotiate a lease agreement with them. The attached letter from Mr. Stephen Moorer outlines its goals for the operation of the indoor theater and is a formal request to enter into a lease agreement to continue the “tradition of an active children’s school.”
FISCAL IMPACT
The current leasing rate for the use of the indoor theater is as follows:
1. User pays $160 per month; and
2. Any user that charges admission or collects any donation as a condition of admission is required to pay 10% of gross receipts.
Staff recommends as part of evaluating any RFPs received that consideration be given to revising the above fee structure.
SUMMARY
A RFP is an excellent way to evaluate the best organization that has both the management expertise and the financial liquidity to operate the indoor theater.
3 comments:
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These citations make it clear the Brown Act was ignored by the Council and the action must be re-raised. But it seems to all comes back to the Mayor as nothing happens in this town without her direction or consent. This raises the question about the link between all the theater groups in Carmel and this latest incident.
What has been behind largely ignoring the Forest Theater Guild, the failure of the Theater upgrade and the use of Pac Rep’s out of town architect who came up with an overly expensive and unfeasible plan, the idea that Stephen Moorer and Pac Rep can somehow take over CET without an RFP competition and public input, and the Mayor’s reputed micromanagement of the Sunset Center board and the subsequent uncertainty there? Just what outcome is trying to be controlled and achieved? Adam Moniz, thank you for standing up for us disenfranchised residents of Carmel. Pac Rep’s angry reaction is regrettable but not surprising. Let’s start over.
Why can’t we all just get along? Why can’t the principals involved put the children ahead of their own egos? This situation does not have to be a zero-sum situation where one wins and another loses. There is an opportunity here. There is no reason why we cannot have a win-win situation. Why can’t the city grant both groups use of the Indoor Forest Theater and have both groups teach children? All the children would benefit because FTG has strengths that PacRep does not have and PacRep has strengths that FTG does not have. FTG and PacRep need to cooperate and put the children first. And keep the histrionics on stage for dramatic effect.
All Californians should know about, read and understand the Brown Act or commonly called California's Sunshine Law. It is meant for the people to make certain our elected and appointed representatives conduct most of the essential business of government in the public domain, not secretly.
The attitude that the general public cannot understand or know the Brown Act is a misconception. The Brown Act is not an esoteric law written with arcane vocabulary for a small minority of people. It is for the people and any belief short of that is an abdication of citizenship.
So Stephen Moorer and PacRep supporters should do the right thing and recognize the city council must go back to the drawing board and reagendize this item. PacRep would be wise to direct their energy to crafting a competitive proposal for the Indoor Forest Theater and CET and stop trying to discredit FTG.
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