00-0104_CAPISTRANO CORNERSTONE_Agenda Item_D10 AGENDA ITEM September 21, 1999
TO: George Scarborough, City Manager
FROM: Jennifer Murray, Assistant City Manager
SUBJECT: Consideration of Agreement for Curation Services for the Montanez Adobe
(Capistrano Cornerstone, Inc.)
RECOMMENDATION:
By Motion, approve the Agreement for Curation Services for the Montanez Adobe with
Capistrano Cornerstone, Inc., as attached.
SITUATION:
In December, 1996 the City Council approved an agreement for curation services at the
City owned Montanez Adobe. The agreement, in the form of a Memorandum of
Understanding (MOU), was with Ms. Rita Tanner Propersi and Mr. David Whittington.
Since the agreement was approved, Ms. Propersi and Mr. Whittington have been
performing curation services 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 curation services would
ultimately be assigned. The benefit of creating a non-profit entity is that there are more
opportunities to apply for grant funding to benefit the preservation of the adobe.
Ms. Propersi and Mr. Whittington have been successful in creating Capistrano
Cornerstone, Inc. As such, they request that the curatorship of the Montanez Adobe pass
from them as individuals to Capistrano Cornerstone Inc. A copy of their letter requesting
this assignment of responsibility is attached.
The curation relationship for the Montanez adobe was the first such agreement of its kind
for a city owned property and staff and the curators have learned much in the last three
years. 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 new agreement was crafted, a draft
of which is attached. Important changes to the new agreement are as follows:
Public Hours at the Adobe: The Montanez Adobe will be open from 10:00 a.m. to 2:00
p.m. Wednesday through Sunday, at a minimum. The hours will be extended as
volunteers are available. The building will be closed to the public on Monday and
Tuesday. Though on face value this change seems like a reduction in hours from the
FOR CITY COUNCIL AGENI! D�
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present schedule set forth in the 1996 MOU with Ms. Propersi and Mr. Whittington, this
schedule was not realistic given that keeping the Adobe open relies on the availability of
volunteers. The Adobe will be open a minimum of 20 hours each week, which is still a
significant benefit to the City.
Impacts on neighborhood: The Montanez Adobe is located in the historically sensitive
Los Rios Historic District. As such, new provisions have been added to the agreement to
provide for better compatibility of activities within a residential neighborhood. The
agreement places restrictions on occupying the property after 9:00 p.m. and before 7:00
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 respond to neighborhood concerns shared
with City staff on occasion 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 consistant with City policy and procedures for city staff and
contractors, as is often seen in contracts administered by the Community Service
Department. The agreement requires that Capistrano Cornerstone submit a final design
for the "Polonia Pathway" project, which was a fund raising effort to assist early on. Per
Ms. Propersi, the commemorative tiles are being made and are stored off-site, until the
pathway receives its approval from the City. The agreement also establishes quarterly on-
site visits of the Adobe and grounds with city staff. Finally, the agreement sets forth a term
of three years.
City responsibilities: The City's responsibilities in terms of regular maintenance remain
the same. The City will be responsible for regular landscaping and structural maintenance,
and will pay the cost of reasonable utilities needed. A previous provision of the old MOU
was to contract with Mr. Whittington directly for performance of certain maintenance duties
at the adjacent Historic Jail Cell site. This provision has been removed as it no longer
meets the City's needs.
As with the previous MOU, the curators will be independent volunteers, not compensated
for their services by the City . The City will pay the costs associated with maintaining the
necessary insurance coverage needed by Capistrano Cornerstone, and the City will pay
the cost for finger printing all Capistrano Cornerstone Board members and volunteers
scheduled to perform volunteer hours at the Adobe.
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COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
This agreement is under the control and supervision of the City Manager. For
informational purposes, a copy of this item has been provided to members of the City's
Cultural Heritage Commission, who have maintained an interest in the two curator
agreements in place for City properties: The Montanez Adobe and the Blas Aguilar Adobe.
The Commission has not reviewed this draft agreement or been asked to provide
comments.
FINANCIAL CONSIDERATIONS:
The City will pay the reasonable cost of Capistrano Cornerstone for obtaining the
necessary insurance. The City will also pay the cost to fingerprint Capistrano Cornerstone
Board Members and volunteers working at the Montanez Adobe, at a cost of approximately
$52 per person. If funds are not available within the approved operating budget for these
expenditures, this will be addressed during the City's mid-year budget review process.
NOTIFICATION:
Mr. David Whittington and Ms. Rita Tanner Propersi
San Juan Capistrano Walking Tour Guides % Ms. Lori Dawson Porter
Cultural Heritage Commission Members
ALTERNATE ACTIONS:
1. By Motion, approve the Agreement for Curation Services for the Montanez Adobe
with Capistrano Cornerstone, Inc., as attached.
2. By Motion, identify changes to the proposed Agreement and direct staff to work with
Capistrano Cornerstone, Inc. on making the changes to the agreement.
3. Defer approving the agreement and direct staff to forward the agreement to the
Cultural Heritage Commission for their review and recommendations.
4. Request more information from staff.
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RECOMMENDATION:
By Motion, approve the Agreement for Curation Services for the Montanez Adobe with
Capistrano Cornerstone, Inc., as attached.
Respectfully submitted,
nnifer MurrayY,
ssistant City Manager
Attachment:
1. Letter from Mr. Whittinton and Ms. Propesi
2. Proposed Agreement
3. Location Map
June 24, 1999
City of San Juan Capistrano
Attention: Mr. George Scarborough
City Manager
Subject:: Transfer of Curatorship for the Montanez Adobe.
Dear George:
It is with great pleasure we request the transfer of curatorship for the Montanez
Adobe to Capistrano Cornerstone, Inc. These past years have been challeging and
exciting; Part of the efforts we have put forth was the formulation of a 501c3 non-
profit organization specifically addressing the needs of the Montanez Adobe. It is also
with great pleasure we inform you that this has been achieved and a copy of the
documentation is attached. We thank you for your continued support and efforts
through ourjourney.
Sincerely,
Rita Tanner Propersi
David T. Whittin on
i
CC: Dr.Jennifer Murray, Assistant City Manager
Capistrano Cornerstone, Inc. Board of Directors
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