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