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00-0104_CAPISTRANO CORNERSTONE_Agenda Item_D12 r o 9/17!2002 AGENDA ITEM D12 TO: George Scarborough, City Manager FROM: Douglas D. Dumhart, Principal Management Analyst SUBJECT: Consideration of Montanez Adobe Curator Agreement (Capistrano Cornerstone) RECOMMENDATION: By motion, receive staff report and take no further action until the City has retained a Historic Preservation Manager. SUMMARY: On September 21, 1999 the City Council approved an agreement for curator services at the Montanez Adobe Capistrano Cornerstone, Inc. The Curator Agreement has a term of three (3) years, ending with a date certain of September 21, 2002. There are no provisions for roll-over, extension or evergreen. On June 25, 2002, staff forwarded a reminder notice of the agreement's sunset date to Capistrano Cornerstone. The letter requested Capistrano Cornerstone share their expectations for transition. To date no correspondence has been received from Capistrano Cornerstone. The City sanctioned a Historic Preservation Strategy Study that was completed in January 2002. The report evaluates City-owned properties as a collection of resources and presents a strategy fortheir effective management and use. One of the primary recommendations in the Preservation Strategy is the appointment of a Preservation Coordinator. The City has budgeted forthis position in FY 02/03 and recruitment is currently underway. Should the recruitment effort be favorable, the position could be filled before the end of the year. Capistrano Cornerstone's curatorship expires after the busy summer season. Access to the Adobe is via a real estate lock box. The Historical Society and Walking Tour Docents have the codes to the lock box and alarm system. The grounds are maintained by City contractors. At this time staff is recommending the City Council take no further action on Curatorship services forthe Montanez Adobe until the Historic Preservation Manager position has been appointed and the individual has had an opportunity to evaluate the best management and use for the property. BACKGROUND: In December 1996, the City Council approved a Memorandum of Understanding (MOU) for curatorservices atthe city-owned MontanezAdobe. The MOU was with Ms. Rita Tanner Propersi and Mr. David Whittington as individuals. At the time the MOU was approved, it was with the expectation that Ms. Propersi and Mr. Whittington would be working to create a non-profit public benefit corporation to which responsibility for curator servic would ultimately be assigned. The FOR CITY COUNCIL AGEN Agenda<Item September 17, 2002 Pg. 2 benefit to creating a non-profit entity was that there would be more opportunities to apply for grant funding to benefit the preservation of the adobe. Ms. Propersi and Mr.Whittington were successful in creating Capistrano Cornerstone, Inc., a non- profit 501 (c)3. As such, they requested that the curatorship of the Montanez Adobe pass from them as individuals to Capistrano Cornerstone, Inc. The curator relationship for the Montanez was the first such arrangement of its kind for a city- owned property and staff and the curators learned much in the three years from 1996-1999. Based upon this experience, it was recognized that it would be beneficial to provide greater structure to the curator agreement to better serve the curators' needs, the City's needs, and the neighborhood's needs. To this end, a formal agreement for curator services was crafted and approved on September 21, 1999. Important changes to this agreement were as follows: Public Hours at the Adobe: The Montanez Adobe is to be open from 10:00 a.m. to 2:OOp.m. Wednesday through Sunday, at a minimum. The hours would be extended as volunteers are available. The building is to be closed to the public on Monday and Tuesday. Though on face value the changes seemed like a reduction in hours from the schedule set forth in the 1996 MOU with Ms. Propersi and Mr. Whittington, this schedule was not realistic given that keeping the Adobe open relied on the availability of volunteers. The Adobe would be open a minimum of 20 hours each week, which was still a significant benefit to the City. Impacts on Neighborhood: The Montanez Adobe is located in the Historic Los Rios District. As such, new provisions were added to the agreement to provide for better compatibility of activities within a residential neighborhood. The agreement placed restrictions on occupying the property after 9 p.m. and before 7 a.m. daily; it prohibits parking in the designated curator parking space during these same hours; it discusses the importance of not allowing events at the Adobe to spill out into the street or on adjacent properties; and, it prohibits the outside storage of materials which may be considered unsightly. All of these changes responded to the neighborhood concerns shared with City staff during the previous three years. Other Provisions:The revised agreement identifies that all improvements to the property require prior City approval; it describes the oversight duties of Capistrano Cornerstone Board Members; establishes that Capistrano Cornerstone will comply with all municipal code requirements as is common in other City agreements; and it requires that security background checks occur for all Board Members and volunteers who will be working at the Adobe. This provision is important due to the presence of children on the property and enacting this requirement is consistent with City policy and procedures for City staff and contractors, as is often seen in contracts administered by the Community Services Department. The agreement requires that Capistrano Cornerstone submit a final design for the "Polonia Pathway" project, which was a fund raising effort early on. Per Ms. Propersi, the commemorative tiles were made and were being stored off site until the pathway receives its approval from the City. Finally, the agreement set fourth a term of three years. Agenda-item September 17, 2002 Pg. 3 The City's responsibilities in terms of regular maintenance remain the same. The City is to be responsible for regular landscaping and structural maintenance, and for paying the cost of reasonable utilities. COMMISSION REVIEW: The Cultural Heritage Commission has expressed concerns regarding curator services at the Montanez Adobe over the last several years. The Commission has not taken an action on Capistrano Cornerstone's Agreement. FINANCIAL CONSIDERATIONS: N/A NOTIFICATION: Rita Tanner, Capistrano Cornerstone, Inc.* ALTERNATE ACTIONS: 1. By motion, receive staff report and take no further action until the City has retained Historic Preservation Manager. 2. Refer to staff for additional information. RECOMMENDATION: By motion, receive staff report and take no further action until the City has retained a Historic Preservation Manager. Resp ctfully submitted, Douglas D. Dumhart Principal Management Analyst