A Coincidental Complaint?

CONTEXT: For years and years, the City of Carmel-by-the-Sea has failed to annually budget for maintenance, improvements and upgrades to the Forest Theater property. Then, within a three month period (June 2007 – September 2007), the City has focused unprecedented attention onto the Forest Theater; reassigning Carmel students from the “Forest Theater Native Plants Landscape Restoration Project” to the “Forest Hill Park Landscape Improvements” project, posting of “NO PARKING ANY TIME” metal signs on the grape stake Forest Theater fence and considering the execution of a Consultant Services Agreement with JRP Consulting, LLC to perform a “historic evaluation of the Forest Theatre property.”

Timeline for the “NO PARKING ANY TIME” signs posted on the west side of Guadalupe Street is, as follows:

I. 8 June 2007
Carmel High School Ornamental Horticulture Regional Occupational Program (ROP) Class, Carmel Middle School students and Craig Hohenberger, Director of the Hilton Bialek Biological Sciences Habitat, Carmel Middle School, complete Phase I of the Forest Theatre Native Plants Landscape Restoration Project.

(Reference: Monday, June 11, 2007
Forest Theatre Native Plants Landscape Restoration Project (Phase One): Carmel High School Ornamental Horticulture Class or Labels: Forest Theatre Native Plants Landscape Restoration Project)

II. 7 August 2007
At the City Council meeting on August 7, the City Council approved a resolution “awarding recycling grants totaling $26,450 to youth service organizations.” One of the grants was awarded to Carmel Middle School Hilton Bialek Biological Sciences Habitat for “Forest Hill Park Landscape Improvements.” Last year, however, it was understood that Carmel Middle School Hilton Bialek Biological Sciences Habitat would be applying for a grant for a three year, three phase "Forest Theater Native Plants Landscape Restoration Project;" Phase I was completed Spring 2007, Phase II to be completed Spring 2008 and Phase III to be completed Spring 2009. Thus, after successfully completing Phase I, the "Forest Theater Native Plants Landscape Restoration Project" was abruptly terminated and the students were reassigned to Forest Hill Park for 2008.

III. 30 August 2007
The “City” posted seven “NO PARKING ANY TIME” metal signs on the grape stake fence of the Forest Theater on the west side of Guadalupe Street. Based on a complaint by an unidentified citizen, a Police Officer stated that they were just enforcing Resolution No. 2001-44; City Hall provided the Police Department with Resolution No. 2001-44, but failed to provide the Police Department with the superseded, amended resolution, Resolution No. 2001-106. Resolution No. 2001-106 established No Parking Zones on the east side and parking on the west side of Guadalupe Street. Note: A 20 year plus permanent Guadalupe Street resident doubted that a resident on Guadalupe Street made the complaint.

(Reference: Wednesday, September 05, 2007
City Hall Commits “Grave Error” Leading to the Authorization & Posting of “NO PARKING ANY TIME” Metal Signs or Labels: NO PARKING ANY TIME)

IV. 11 September 2007
At the City Council’s 11 September 2007 meeting, the City Council will consider the execution of a “Consultant Services Agreement with JRP Consulting, LLC to perform a historic evaluation of the Forest Theatre property” as part of the “preliminary planning” for the “rehabilitation of the property and an expansion of the facilities.”

References:
City Council Agenda
Regular Meeting
September 11, 2007

VII. Consent Calendar

These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.

H. Consideration of a Resolution authorizing the City Administrator to execute a Consultant Services Agreement with JRP Consulting, LLC to perform a historic evaluation of the Forest Theatre property.


Description: The Forest Theatre is in the preliminary process of developing a Master-Plan for the rehabilitation of the property and an expansion of the facilities. A historic evaluation is an essential part of the preliminary planning as it will help the City understand and determine the potential significance of the site. The field work will be performed on September 13th and 14th of 2007.

Overall Cost:
City Funds: $7,800
Grant Funds: N/A
Staff time: N/A

Important Considerations: Prior to the approval of any development project, the City requires that a historic evaluation be performed. The Forest Theatre has, and continues to play, and important role in the character of the City.

(Source: City Council Agenda Item Summary, Sean Conroy, Senior Planner, 11 September 2007)


Establish Forest Theater Enterprise Unit and Work with Foundation to establish Phases for Implementation of Master Plan –
The Forest Theater Foundation has reviewed the first draft of the pre-design for the Forest Theater and returned it to the architect for update. The Foundation is awaiting the completed pre-design before submitting it to the City. Meta Bunse will begin an historical inventory and evaluation of the property in September.

(Source: Guillen FY 2006-07 Financial Report, September 11, 2007, http://www.ci.carmel.ca.us/)

City Hall Commits “Grave Error” Leading to the Authorization & Posting of “NO PARKING ANY TIME” Metal Signs

View of Guadalupe Street from Mt. View Avenue towards 7th Avenue
Time: Saturday, September 8, 7:00 P.M., Forest Theater Production of "Peter Pan"


View of Guadalupe Street from Mt. View Avenue towards 7th Avenue
One of Seven "NO PARKING ANY TIME" Metal Signs Posted on the West Side of Guadalupe Street between 7th Avenue & Mt. View Avenue

UPDATE: The "NO PARKING" wooden post was observed gone from the west side of Guadalupe Street by Saturday, 8 September 2007.

UPDATE: As of today, Thursday, 6 September 2007, the 7 "NO PARKING ANY TIME" metal signs on the grape stake fence of Forest Theater on the west side of Guadalupe Street have been removed; there remains one "NO PARKING" wooden post on the west side of Guadalupe near 7th Avenue.

ABSTRACT: The City’s Ad Hoc Traffic Committee decided to post seven “NO PARKING ANY TIME” metal signs on the grape stake fence of the Forest Theater along the west side of Guadalupe Street between 7th Avenue and Mt. View Avenue based on information provided by City Hall, namely Resolution No. 2001-44. Subsequently, a resident discovered a superseding resolution, Resolution No. 2001-106 and brought this resolution to the attention of the Police Department and City Hall. Resolution No. 2001-106 amended Resolution No. 2001-44 to relocate the “NO PARKING ZONES” on Guadalupe Street from the “West Side to the East Side.” Finally, Sandy Farrell, Executive Assistant, found Resolution No. 2001-106, stated that the posting of the "NO PARKING ANY TIME” signs was a “grave error” and would forward Resolution No. 2001-106 to the Police Department and Public Works for the removal of the “NO PARKING ANY TIME” signs. The “NO PARKING ANY TIME” signs have yet to be removed.

On Thursday, August 30, 2007, seven “NO PARKING ANY TIME” metal signs were posted on the grape stake fence of the Forest Theater along the west side of Guadalupe Street between 7th Avenue & Mt. View Avenue (1 block)

Later, a resident living on the east side of Guadalupe Street called the police department about the signs. The resident said the police officer “sympathized” with the resident, but another resident had complained about vehicles parked on the west side of Guadalupe Street. Upon researching the issue, the police authorized the posting of the “NO PARKING ANY TIME” signs citing Resolution No. 2001-44. Furthermore, the police had no choice but to post the signs when Resolution No. 2001-44 was brought to their attention, the police officer told the resident.

Resolution No. 2002-44 was unanimously passed by the City Council at their 3 April 2001 meeting, as follows:

City Council Minutes
Regular Meeting
3 April 2001

IX. Resolutions
A. Consideration of Resolution No. 2001-44 establishing no parking zones on Guadalupe Street, Santa Rita Street, Mt. View and Eighth Avenue, in the vicinity of the Forest Theater.

Entered into the record were memoranda from Public Works Director Cullem dated 20 March and Resolution No. 2001-44.

Public Works Director Cullem gave the staff report and addressed questions of Council.

Mayor McCloud opened the public hearing.

Linda Anderson, Stephan Moorer, Carolyn Hardy and Antonia Verleye addressed the Council.

There being no further public comment, the hearing was closed.

The Council discussed Provision 5 of the Resolution, which includes the unpaved areas within the Forest Theater fence in the designated no parking zone. City Attorney Freeman advised the Council that this area should not be included in the Resolution as it was not specifically identified in the notice that was provided to the general public. He advised the Council that the signage in that area may meet the criteria for administrative approval. If that is not the case, this area will be brought back for Council review. A MOTION WAS MADE BY LIVINGSTON, AND SECONDED BY HAZDOVAC TO ADOPT RESOLUTION NO. 2001-44, EXCLUDING THE PROVISION FOR THE UNPAVED AREAS WITHIN THE FOREST THEATER FENCE. THE MOTION CARRIED ON THE FOLLOWING ROLL CALL VOTE:

AYES: COUNCIL MEMBERS: Ely, Hazdovac, Livingston, Rose, McCloud

NOES: COUNCIL MEMBERS: None

Over the Labor Day weekend, another resident discovered a superseding resolution which amended Resolution No. 2001-44. Resolution No. 2001-106, amending Resolution No. 2001-44, was unanimously passed as a Consent Calendar agenda item at the City Council’s 7 August 2001 meeting, as follows:

City Council Minutes
Regular Meeting
11 September 2001

The Regular Meeting
Tuesday, 7 August 2001

VII. Consent Calendar

D. CONSIDERATION OF RESOLUTION NO. 2001-106 AMENDING RESOLUTIONS NO. 2001-44 TO RELOCATE THE NO PARKING ZONES ON GUADALUPE STREET, SOUTH OF 7TH AVENUE FROM THE WEST SIDE TO THE EAST SIDE OF THE STREET.


A MOTION WAS MADE BY ROSE, AND SECONDED BY ELY TO ADOPT THE CONSENT AGENDA, MINUS ITEMS E AND ITEM L. THE MOTION CARRIED UNANIMOUSLY.

Upon calling the Carmel-by-the-Sea Police Department, a resident spoke with the Watch Commander and related a Police Officer had informed concerned citizens who called about the posting of the seven “NO PARKING ANY TIME” signs on Guadalupe St. about Resolution No. 2001-44, but failed to mention Resolution No. 2002-106. When Sgt Muki was asked the source of the Police Department’s information on this matter, he pleaded “ignorance,” as he was not part of the committee who made the decision. Furthermore, he assured the resident that the decision was not "arbitrary," but the Chief of Police would have to be informed about the new information.

A resident’s call to Police Chief/Public Safety Director George Rawson was returned by Sgt. Muki. (Previously, as Public Safety Director, George Rawson refused to directly address a citizen’s question regarding the reason the Fire Department failed to conduct standardized water flow tests for over ten years.) Sgt. Muki recited Resolution No. 2001-44, but failed to remember Resolution No. 2001-106.

Some time later, another resident called Sandy Farrell, Executive Assistant at City Hall; the resident specifically asked Ms. Farrell to look up Resolution No. 2001-106. During a three minute interval, Sandy Farrell located Resolution No. 2001-106 in the archives downstairs, read the Resolution and stated there had been a “grave error” and she would act as the “messenger” and forward Resolution No. 2001-106 to the Police Department and Public Works for the removal of the “NO PARKING ANY TIME” signs on the west side of Guadalupe Street.

In this particular instance, it appears that the Ad Hoc Traffic Committee, including Police Chief/Public Safety Director George Rawson, decided to post seven “NO PARKING ANY TIME” metal signs along the west side of Guadalupe Street based on incomplete information provided by City Hall. Not only was a decision made without Resolution No. 2001-106, but there appears to have been little or no thought to the possibility of displacing parking from one area which had not had a record of public safety complaints to another area where public safety could be impacted to a greater extent.

This instance begs the following questions:
• Will the City Administration and Police Department rectify this situation with the prompt removal of the “NO PARKING ANY TIME” signs along the west side of Guadalupe Street?

• What other decisions and actions have been taken by the City’s Administration and Police Department based on incomplete, misleading or erroneous information?

• And how many of these dubious decisions and actions have not been brought to the attention of the City and rectified?