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12-0927_CALIFORNIA, STATE OF_Corrective Deed Restriction_2012000568194 This Document was electronically recorded by CR South County C PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: Recorded In Official Records,Orange Count! Tom Daly,Clerk-Recorder 1111 111111111111111111 1111111l1l11111111llilllllll IIIIIII!II.NO FEE AND WHEN RECORDED MAIL TO: 2012000668194 10:1 tam 09127/12 oto clsitfis ad IA-A� &rK"(ej 37 402 DID 18 0.00 0.00 0 Do 0.00 51,00 0.00 0.00 0.00 �ac;rnrt) ft), GA *1.14-ox) THIS SPA CL'IN FOR RECORDERS(ISS"ONLY A Ae 6I0,3 gal co . ('Otte(-file Tres er 1o4 (Please fill in document title(s)on this line) rpwrd4 ,pp. ltd. 062 o1 5�gz110 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (ADDITIONAL RECORDING FILE APPLIES) I RECORDrNG REQUESTED BY: Calif€mia Depart meat of Parks and Recreation 2 Office of Grants and Local Services 3 WHEN RECORDED MAIL'r0: Office of Grants and Local Services 4 PO Box 942896 Sacramento,CA 94296-0001 5 Alum: Melinda Steinert Ci 7 8 CORRCC R-Ilff 1r EED RESTR CTION 9 10 1. WHEREAS, City of San Juan Capistrano,(hereinafter referred to as"Owner(s)" is/are I 1 recorded owner(s) of the real property described in Exhibit A,attached and incorporated herein by 32 reference(hereinafter referred to as the"Property"); and 13 11, WHEREAS,the California Department of Parks and Recreation(hereinafter referred to 14 as "DPR") is a public agency created and existing under the authority of section 5001 of the California 15 Public Resources Code(hereinafter referred to as the "PRC"); and 16 III, WHEREAS, Owner(s)(or Applicants)applied to DPId.for grant funds available pursuant 37 to the 2006 Parks Bond Act, Nature Education Facilities Program for a development project at the Blas 18 Aguilar Adobe in the City of San Juan Capistrano to construct an interpretive well, horno oven,ethno- 19 20 botanical native plant garden/orchard, and repair to an historic adobe wall, roof, window, and trim on the 21 Property; and 22 lv. WHEREAS, on April 12, 2011, DPR's Office of Grants and Local Services 23 conditionally approved Grant NE-30-004 , (hereinafter refen•ed to as"Grant") for a development project 24 at the Blas Aguilar Adobe in the City of San Juan Capistrano to construct an interpretive well,horno 25 oven, ethno-botanical native plant garden/orchard, and repair an historic adobe wall,roof, window, and 26 trim on the Property, subject to, among other conditions, recordation of this Deed Restriction on the 27 Property; and 3 l V. WHEREAS, but for the imposition of the Beed Restriction condition of the Grant, the 2 Grant would not be consistent with the public purposes of the 20061 Parks Bond Act, Nature Education 3 Facilities and the funds that are the subject of the Grant could therefore not have been granted; and 4 V1. WHEREAS,Owner(s) has/ve elected to comply with the Deed Restriction of the Grant, 5 so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant; 6 NOW,THEREFORE, in consideration of the issuance of the Grant funds by DPR,the 7 undersigned Owner(s)for himselVhessclf/themselves and for his/her/their heirs, assigns,and successors- in-interest, hereby irrevocably covenant(s)with DPR that the condition of the grant(set forth at 9 paragraph(s) I through 5 and in Exhibit B hereto)shall at all times on and after the date on which this lD Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use i] and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective 12 components thereof. 13 I. DURATION. (a)This Deed Restriction shall remain in full force and effect and shall 14 15 bind Owner(s)and all his/her/their assigns or successors-in-interest for the period running from July 1, 16 2009 through June 30,2029. 17 2. , TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable 1s and shall constitute an enforceable restriction within the meaning of a)Article XIII,section 8, of the 19 California Constitution; and b) section 402.1 of the California.Revenue and Taxation Code or successor 20 statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to 21 the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code,or 22 successor statue,which survives a sale of tax-deeded property, 23 3. RIGHT OF ENTRY, DPR or its agent or employees may enter onto the Property at times 24 reasonably acceptable to Owner(s)to ascertain whether the use restrictions set forth above are being; 25 observed. 26 4. REMEDIES. Any act,conveyance, contract, or authorization by Owner(s) whether 27 written or oral which uses or would cause to be used or would permit use of the Property contrary to the 2 terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and I z all available legal and/or equitable remedies to enforce the terms and conditions of this Heed Restriction. 3 In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof 4 shall not be deerned a waiver of enforcement rights regarding any subsequent breach. 5 5. SP,VERABILITY. If any provision of these restrictions is held to be invalid,or for any 6 reason becomes unenl5orceable,no other provision shall be affected or impaired. 7 S Approved: September 4`h,2012 9 CITY OF sAN UAN CA-PISTRAN 10 a,. r z 1 I # By. , . € .. 12 l rsy Kramer, tvl y rr 13 AJ'4JT-S1` t4 i s _ f `. r 1 S lvr la [i is, Clerk 17 APPROVED AS TO FORM: 18 19 O liarSandial;.City Attorney 20 23 "NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE" 22 23 24 25 26 27 3 PUBLIC AGENCY O OF ACKNOWLEDGEMENT State of California ) County of Orange } ss. City of San Juan Capistrano ) (Gov't Cade 40814 &Cavil. Code 1 l 8 1) On Se.Le ber 4 2012, before ane, Christy_Jakl,_ DepuLx City Clerk, personally appeared Larry_ sager,Mayor,who proved to me on the basis of satisfactory evidence to the;be person(s) whose na:nie(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/there signature on the instrument the person(s), or the entity Capon behalf of which the person($) acted, executed the instrument. I certify under PENALTY O PERJLJ RY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL) Whf1tiESS nay hand and official seal. C rN—t -1;akt,, Deputy City 91erk OPTIONAL Capacity da et by Signets Description of Attached Document '11tio or Type of Document Mayor Deed Restriction for the Blas Aguilar Adobe .'Title Date ofDocuaicnt: September 4, 2012 Signer is Representing Nu mor of Pages: 7 City of San Juan Capistrano " EHIIT EXHIBIT b1A" TO ESCROW INSTRUCTIONS LEGAL DESCRIPTION CHURCH (BLAS AGUILAR) (124-160-08) Lot 19 of Tract No, 103, as shown on a map recorded in Book 11, Pages 29 to 33 " inclusive of Miscellaneous Maps, Records of Orange County, California. Excepting therefrom the following; Beginning at: a po:irst on the south line of Lot 19 of Tract No. 103, as shown on a reap re trrd d zn Bei0k 11, Page 29 to 33 inclusive of Miscellaneous Maps, Records of Orange County, California, 91.98 feet east of the southwest corner of srid Lwi; running, th nce easterly 91.97 feet to a point; thence northeasterly 60 feet tts a point; thence westerly 98.64 feet to a point; thence sOUt46rly 61,.05 feet to the point of beginning, being the east half of tht south half a.f said Sot 19. Also excepting therefrom the following, Beginning at the southwest corner of Lot 19 of Tract No. 103, as shown on a Map retorde�d iij Book 11, Paces 26 to 33 inclusive of Miscellaneous Maps, s�eca pod.k nt Orange County, Ca.lafor.nia thence north 5 deg. 53, 30" .east 53 feet to a point; hence easterly 58.89 .feet to a point; thence southerly 61.05 feet to the sauth line of Said Lot 19a t-htiMCO westerly along said south line 91.89 feet to the paint. 6f b6ginnl,ag beantl the west half of the south half of said .Lot 19: CHURCH (Blas Aguilar) (124-160-09) That portion of Lot 19 of Tract No. 103, as "shown on a map recorded in Book 11, Pages 29 to 33 inclusive to Miscellaneous Maps, Records of orange County, California, described as follows. Beginning at a point on the south line of said Lot 19, said point being 91.98 feet east of the southwest corner of said Lot 19; thence easterly 91.97 feet; thence northeasterly 60.00 feet; thence westerly 96.64 feet; thence southerly 61,05 feet to the point of beginning, being the east half of the south half of said Lot 19. CHURCH (Blas Aguilar) (124-160-10) That portion of Lot 19 of Tract No. 103, as shown on a map recorded in Book 11, Pages 29 to 33 inclusive of Miscellaneous Maps,, records of Orange County, California, described as follows; Beginning at the southwest corner of said Lot 19; thence north 5 deg. 55, 30'1 east 63.00 feet; thence easterly 98,64 feet; thence southerly 61.05 feet to the south line of said Lot 19; thence westerly along said south line 91.89 feet to the point of beginning, being the west half of the Lot 19. south half of said CHURCH (Blas Aguilar) (124-160-11) Lot 16 of Tr c't. No. 103, as an ' 1on a map recorded in Book 11, Pages 29 to 33 inclusive of scellaneous Map Fecords of Orange County, California. 11-22�t3� 761t/`z"249f'1Q Exhibit A f -bbb1f h CHURCH (Blas Aguilar) (124-160-27) Lot 3 in Block 10 of San Juan Capistrano, as shown an a map recorded in Book 3, Page 120 and following, of Miscellaneous Records of Los Angeles County, California, and the west one-half of Garcia Street, adjoining said Lot on the east, abandoned by order of the Board of supervisors of Orange County, California. Excepting therefrom that portion lying northerly of the southerly line of the northerly 75.00 feet of the southerly 94.00 feet of said Lot 3. Mm i 8 -65Zr6 V4HIHIT "A" TO ESCROW INSTRUCTIONS LEGAL DESCRIPTION CHURCH (El Peon) (124-160-Z3) Lot 24 of TractNo, 103, as shown, on a map recorded in book 11, Pages 25 to 33 inclusive of Miscellaneous Haps, records of orange County, California. I 7 ?k� 2 9t I0 Exhibit A EXHIBIT B { State of California Natural Resources Agency DEPARTMENT OF PARIS AND RECREATION AMENDMENT TO CONTRACT Contract leo, 06903031 Amendment No: 1 THIS AMENDMENT is hereby made and agreed upon by the State of California, acting through the Director of the Department of Parks and Recreation and by the City of San Juan Capistrano The State and, City of San Juan Capistrano In mutual consideration of the promises made herein and in the contract in which this is an amendment, do promise as follows: This contract amendment (#1) is to increase the contract amount from $25,000 to $473,434 for a total of$498,434. In all other respects, the contract of which this is ars amendment, and the terms and conditions if relevant thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this amendment as of the date entered below. ^ STATE DEPARTMENT OF PARKS AND RECREATION Tom- By », Datec h_ ` ', Apprcant's Authanzed Representative as shown In Resolution Date �`' CERTIFICATION OF FUNDING (FOR STATE USE ONLY) b5NTRACT 00 I A � ENTqO� CASTRSIcUU0R—NC) '--i FRo —NO;; C6903031 000000441500 ' NE-3o•aoa ASNCUMBERDOCUMENTEDBYTHIS 1"UND�' — I DOCUMENT SAFE DRINKING wTR,COASTAL PROTECTION FUND OF 2006 �F-ENCUM�BERED PRIOR AMOUY T iS �3790-101-6051 CHAPTER — TATUTE FiSUA 'YAR 00 r (1) 1109 109 2009110 TOTAL RNIOUNT F iGU SE{tE0 TO 0PT1 INDt 7C� � 013j 9RPE 0 ' PCR {� PR[?JIWcT sVY7F§C i $498,434 i 1091 702 65000 PHASE T;R.A.NQ f hereby ry upon my bwn persona tsio tdg 'ttrt E��rit� Curds arevltila for ihst urri.tartc ; r _NATU ff .Ft,h!a' gtGNATU E C r-C—NG UNTIFF1 IAT E t State of Catitornis•Natural Resources Agency ~` Department of Parks and Recreation GRANT CONTRACT 2006 Parks Bond Act Nature Education Facilities GRANTEE City of San Juan Capistrano GRANT PERFORMANCE PERIOD Is from July 01,2009 through June 30,2017 CONTRACT PERFORMANCE PERIOD Is from Julys 1,2008 through Jima 30,2029 PROJECT TIT � .. G..AS AGUILAR ApaBE e.�:�..�.. PROJECT NUMBER The GRANTEE agrees to ttte Terms and conditions of this caclrael;hereinafter referred to as AGREEMENT,and the State of California,acting through its 0� w r of e ts.aftd Recreation,pursuant to-the state of Gefifornia,agrees to fund the total State grunt amount indicated below. The GRANTEE agrem tc ci3mplete the GRANT SCOPE alis Intht GRANT SCOPE!Cost Estimate Form of the APPLICATION filed with the State of California referenced by the application number Indicated above, PROJECT DESCRIPTION A development project at the Stas Aguilar Adobe in the City of San Juan Capistrano to construct an Interpretive well,horno oven,ethnobotanlcal native plant garderVorchard,and repair an historic adobe wall,roof,window,and trim. City of San Juan Capistrano The General and Special Provisions attached are made a part Grantee of and Incorporated Into the Contract, By Dave Adams Typed or printed name of Aulhorized Represantotive STATE OF CALIF' RN DEPARrEfft ' iS AND ECREA'I'IONWgtiature of Authorized Rapresenlelha Address 324©0 Pasco Adelanto,SX,CA 92675 By Y Date .- 1 - Title Interim Cit Manager Date 6- CER1IFICA'1ION OF FUNDING GONTitACT NO AMENLMENT N4CAiSYAFiS 11ENR P34, I r?RC3JEt;T Nom; i 08903031 00000044-1500NE-30-W4 I AMOUNT ENCU[tiiHERED 13Y 7f{iS 0C9CUMENT �. i $25,000,00 SAFE DRINYJNG WTR,COASTAL PROTECTION FUND OF 2009 I PREdR AR+K)UNr E�PCUMBERE�'i FOR'r�llS 1. ;CHAPTER—s �STATUTE F�SSCAt.YEARonr cr 3790-101-6051(1) 11D9 08 2010111 ---------- 70TAL AMOUNT ENCUMBERED roDATE INDEX. 05S,60EN0PCA. FROJECf7tlJORKf?liA.&t ; s $25,000,00 1081 702 65000 T.S,A.N0. }I hereby Aartify upon my personal knawtwig�rnwt bud®aced funds are®vallahla for this snournbrence. f O.lr Nt �� A C}t1N#h7 GyF�EG R'S5IG TlJR! 'DATE — _ a I. RECITALS 10 This AGREEMENT is entered into between the State of California, by and through the California Department of Parks and Recreation (hereinafter referred to as"STATE') and City of San duan Capistrano (hereinafter referred to as "GRANTEE"), 2. The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Band Act of 2006 authorizes STATE to award grants to eligible entities for the purpose of Division 43 of the Public Resources Code, 1 Pursuant to the Statewide Park Development and Community Revitalization Act of 2008, STATE is authorized to oversee and manage grants to eligible entities for the purposes stated within its provisions. Funding for this three hundred sixty eight million ($368 million) grant program was made available through the Sustainable Communities and Climate Change Reduction chapter In Proposition 84. (Public Resources Code Division 43, Chapter 9, §75065(b). 4. Pursuant to the Proposition 84 2006 Bond Act, STATE is authorized to oversee and manage grants to eligible entities for the purposes stated within Its provisions. Funding for the ninety three million ($93 million) Nature Education Facilities Program grant program was made available through the Parks and Nature Education Facilities chapter in Proposition 84. (Public Resources Code Division 43, Chap. 8, §75063 (b). 5. Sustainable Communities and Climate Change Reduction chapter in Proposition 84. (Public Resources Code Division 43, Chapter 9, §75065(b)., STATE is authorized to oversee and manage grants to eligible entities for the purposes stated within its previsions. Funding for this three hundred sixty eight million ($368 million) grant program was made available through the Sustainable Communities and Climate Change Reduction chapter in Proposition 84. (Public Resources Code Division 43, Chapter 9, §75065(b), 6, The STATE hereby grants to GRANTEE a sum (hereinafter referred to as "GRANT MONIES") not to exceed twenty five thousand dollars ($25,000.00), subject to the terms and conditions of this AGREEMENT, the GUIDES, any legislation applicable to the ACT, and the APPLICATION, 7. In consideration thereof GRANTEE agrees to abide by the terms and conditions of this AGREEMENT as well as the provisions of the ACT. GRANTEE acknowledges that the GRANT MONIES are not a gift or a donation. 8. In addition to the terms and conditions of this AGREEMENT, the parties agree that the terms and conditions contained in the documents set forth below are hereby incorporated Into and made part of this AGREEMENT, a. The GRANT ADMINISTRATION GUIDE; b, The APPLICATION GUIDE; c. The submitted APPLICATION. Propoa iort 84-5tatewfde Park Program I Grant Contract Provtaions 11. GENERAL PROVISIONS A. Definitions As used in this AGREEMENT, the following words shall have the following meanings 1. The term"ACT"means the statutory basis for these grant programs. 2. The term"APPLICATION" means the individual project application packet for grant pursuant to the enabiing legislation and/or grant program process guide requirements. 9, The term"ACQUISITION" means to obtain fee title of real property or a permanent easement which provides the recipient permanent rights to use the property for the purposes of the project, Leases or rentals do not constitute ACQUISITION. 4. The term"CONTRACT PERFORMANCE PERIOD"means the period of time described in Section 1 of this AGREEMENT. 5. The term"COMPETITIVE GRANT PROGRAM"means the Statewide Park Program or Nature Education Facilities Program. 6. The term"DEVELOPMENT"means capital improvements to real property by means of construction of permanent or fixed features of the property. 7. The term"GRANT PERFORMANCE PERIOD" means the period of time described in the contract face sheet during which eligible costs can be charged to the grant and which begins on the date of appropriation and ends on the fund liquidation date. 8, The term"GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form found in the APPLICATION. 9. The term"GUIDES"means the documents Identified as the"Application Guide for the Statewide Park Development and Community Revitalization Act of 2008",or the"Application Guide for the Nature Education Facilities Program"and the"Grant Administration Guide", The GUIDES provide the procedures and policies controlling the administration of the grant, 10. The term"PROJECT TERMINATION"refers to the non-completion of a GRANT SCOPE. 11. The term "STATE" refers to the State of California acting by and through the California Department of Parks and Recreation, B. Project Execution 1. Subject to the availability of GRANT MONIES in the ACT,the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this AGREEMENT, In consideration of, and on condition that,the sum be expended In carrying out the purposes set forth in the GRANT SCOPE,and under the terms and conditions set forth in this AGREEMENT, The GRANTEE shall assume the obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE. Proposition 84-stateyme Paris Program 2 Grant Contract ProvlsMs 2. After STATE has approved the APPLICATION, all changes and alterations to the GRANT SCOPE must be approved in writing by the STATE. GRANTEE'S failure to comply with this provision may be construed as a breach of the terms of the AGREEMENT and result in the enforcement of the Project Termination provision section E. found in this AGREEMENT, To maintain the integrity of the COMPETITIVE GRANT PROGRAM, the GRANTEE agrees that any other project changes or alterations which deviate from the project selection criteria responses provided by the GRANTEE in the original competitive APPLICATION must be submitted In writing to the STATE for prior approval, 3. The GRANTEE shall complete the GRANT SCOPE in accordance with the time of the GRANT PERFORMANCE PERIOD set forth on page one of this AGREEMENT,and under the terms and conditions of this AGREEMENT. 4. The GRANTEE shall comply with the California Environmental Quality Act(Public Resources Code, Section 21000, et, seq., Title 14, California Code of Regulations, Section 150€ 0 et. seq.), 5. The GRANTEE shall at all times comply with all applicable current laws and regulations affecting ACQUISITION and DEVELOPMENT projects, Including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1890 (42 U.S.C. §12101 et.seq.)and the California Unruh Act(California Civil Code §51 et seq.) 6. If the GRANT SCOPE includes ACQUISITION of real property, the GRANTEE agrees to comply at all times with all applicable State and local laws or ordinances affecting relocation and real property ACQUISITION. 7. GRANTEE agrees that lands acquired with GRANT MONIES shall not be acquired through the use of eminent domain. C. Project Costs 1, GRANTEE agrees to abide by the GUIDES, 2. GRANTEE acknowledges that the STATE may make reasonable changes to its procedures as set forth in the GUIDES. If the STATE makes any changes to Its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time, D. Project Administration 1. If GRANT MONIES are advanced for ACQUISITION projects,the GRANT MONIES shall be placed in an escrow account. If GRANT MONIES are advanced and not expended, the unused portion of the advanced funds shall be returned to the STATE within 60.clays after the close of escrow. 2. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended, Advanced funds must be spent within six months from the date of receipt, unless the STATE waives this requirement. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If GRANT MONIES are advanced and not expended, the unused portion of the grant and any Psopasttion 84-3tatawWe Park Program 3 Grant Contravt Pr©*slons interest earned shall be returned to the STATE within 60 days after project completion or the end of the GRANT PERFORMANCE PERIOD whichever is earlier, 3, The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event,the GRANTEE: shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the GRANT PERFORMANCE PERIOD, whichever is earlier. The GRANT PERFORMANCE PERIOD is identified on page one of this AGREEMENT, 4, The STATEN shall have the right to inspect all property or facilities acquired and/or developed pursuant to this AGREEMENT and the GRANTEE shall make such property or facilities available for inspection upon 24 hours notice from the STATE. 5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete. 6. Any grant funds that have not been expended by the GRANTEE= shall revert to the STATE. E. Project Termination 1. In the event of non-completion of a GRANT SCOPE, the GRANTEE shall return all GRANT MONIES to the STATE. 2. This AGREEMENT may be rescinded, modified or amended only by mutual written agreement between the GRANTEE and the STATE, unless the provisions of this AGREEMENT provide that mutual agreement Is not required for a rescission, modification or amendment, 3. Failure by the GRANTEE to comply with the terms of this AGREEMENT, as well as any other grant contracts or other agreements that GRANTEE has entered Into with STATE, may be cause for suspension of all obligations of the STATE under this AGREEMENT unless the STATE determines that such failure was due to no fault of the GRANTEE, In such case, STATE may reimburse GRANTEE for eligible costs property Incurred in performance of this AGREEMENT despite non-performance of the GRANTEE.To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ablllty. 4. The GRANTEE agrees that in the event of a breach of this AGREEMENT, the STATE may seek, in addition to all remedies provided by law, specific performance of the AGREEMENT in accordance with the purpose of the AGREEMENT to preserve, protect and increase the quantity and quality of parks, public recreation facilities, opportunities and/or historic resources available to the people of the State of California. F. Budget Contingency Clause For purposes of this program, Ef funding for any fiscal year is reduced or deleted by the budget act, executive order,the legislature, or by any other provision of statute,the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a contract amendment to GRANTEE to reflect a reduced grant amount.This paragraph shall not require the mutual agreement as addressed in Paragraph E, subsection 2, of this AGREEMENT, Proposttton 84-statewide Perk Program 4 Grant Contract Provisions G. indemnity 1. The GRANTEE=shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or Incident to this AGREE=MENT except valid legal claims arising from the concurrent or sole negligence of the STATE:, its officers,agents, and employees. 2. To the fullest extent of the law, the GRANTE=E shall Indemnify, hold harmless and defend the STATE=, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 8952 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees. 3, The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et. seq.,the GRANTEE shall notify the STATE of such fact and shall represent the STATE: In the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the STATE shall bear its own litigation costs, expenses, and attorney's fees. 4, The GRANTEE:and the STATE agree that in the event of Judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE*, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent Jurisdiction, 5. The GRANTEE:shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with Items to which it has certified. H. Financial Recon 1, The GRANTEE shall maintain satisfactory financial accounts, documents and records for the project and make them available to the STATE for auditing at reasonable times. The GRANTEE'_also agrees to retain such financial accounts, documents and records for five years following project termination or final payment,whichever is later. 2. The GRANTEE=shall keep such records as the STATE shall prescribe, including records which fully disclose (a)the disposition of the proceeds of GRANT MONIES, (b)the total cost of the project; (c)the amount and nature of project funds provided by other sources, and (d)any other records that will facilitate an effective audit of use of the GRANT MONIES. 3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this AGREEMENT or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this AGREEMENT. Such accounts,documents,and records shall be retained by the GRANTEE.for 5 years following final payment of GRANT MONIES. Proposttdon 84�Statewide Psrtc Program Grant Contract Provisions S , 4, The GRANTEE shall use a generally accepted accounting system. I. Use of Facilities 1. The GRANTEE agrees to operate and maintain any property acquired or developed with the GRANT MONIES for the duration of the CONTRACT PERFORMANCE PERIOD, Z The GRANTEE agrees that during the CONTRACT PERFORMANCE PERIOD, any income earned by the GRANTEE from a STATE approved non-recreational use of the project shall be used for recreational purposes at the project, or, if approved by the STATE, for recreational purposes within the GRANTEE'S jurisdiction. 3. All facilities shall have operating hours consistent with the times proposed In the APPLICATION and be open to members of the public in accordance with the project selection criteria in the APPLICATION, unless otherwise granted permission by the STATE and except as noted under the special provisions of this AGREEMENT or under provisions of the enabling legislation and/or grant program, 4. The GRANTEE agrees that for the duration of the CONTRACT PERFORMANCE PERIOD, any property acquired or developed with GRANT MONIES under this AGREEMENT shall be used only for the purposes of the grant and consistent with the GRANT SCOPE referenced in the APPLICATION unless prior written approval is given by the STATE, 5, The GRANTEE agrees to use any property acquired or developed with GRANT MONIES under this AGREEMENT only for the purposes of the grant and no other use, sale, or other disposition shall be permitted except as authorized by a specific act of the legislature in which event the property shall be replaced by the GRANTEE with property of equivalent value and usefulness as determined by STATE. S. The property acquired or developed with GRANT MONIES may be transferred to another eligible entity only if the successor entity assumes the obligations Imposed under this AGREEMENT and with written approval of the STATE, 7. Any real property(including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the GRANT MONIES were awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE'S rights to enforce performance under this AGREEMENT. 8. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants required and approved by the STATE. If the project property Is taken by use of eminent domain, GRANTEE shall reimburse the STATE an amount at least equal to the amount of GRANT MONIES received from the STATE or the pro rated full market value of the real property, including Improvements, at the time of sale, whichever is higher. 9. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint. Proposition 84-Statewide Park Program Grant Contract Provisions J. Nondiscrimination 1, The GRANTEE shall not discriminate inate against any person on the basis of sex, race,creed, color, national origin, age, religion, ancestry,sexual orientation, disability, medical condition, or marital status in the use of property Or.a specific facility Included in the GRANT SCOPE, 2, The GRANTEE shall not discriminate against any person on the basis of residence, and shall not apply differences in admission or other fees on the basis of residence. l=ees shall be reasonable and not unduly prevent use by economically disadvantaged members of the public. K. Severability If any provision of this AGREEMENT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the AGREEMENT which can be given effect without the invalid provision or application, and to this end the provisions of this contract are severable. L. Liability STATE assumes no responsibility for assuring the safety ofconstruction, site improvements or programs related to the GRANT SCONE. The STATE'S rights under ibis AGREEMENT to review, inspect and approve the GRANT SCOPE and any final plans of im lementation shall not give rise. to any warranty or repre entatiOn that the GRANT SCOPE.and anys or improvements are free from hazards or defects. M. Assignability Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this AGREEMENT shall not be assignable by the GRANTEE either in whole or in part, N. Section Headings The headings and captions of the various sections of this AGREEMENT have been inserted only for the purpose of convenience and are not a part of this AGREEMENT and shall not be deemed In any manner to modify, explain, or restrict any of the provisions of this AGREEMENT. PrvposHton 64-statewide Park PWTam 7 Grant Contrast Provisions 4, Waiver Any failure by a party to enforce its rights under this AGREEMENT, in the event of a breach, shell not be construed as a waiver of said rights; and the waiver of any breach under this AGREEMENT shall not be construed as a waiver of any subsequent breach, City of San Juan Capistrano Grantee BY: Signature df Authorized Representative (Position Authorized in the Resolution) Title, Interim City Manager Date, w '7 I f Proposition 64•Statewide Paris Program Grant Contract Provisions Christx JAI From: Ayako Rauterkus Sent: Thursday, September 27, 2012 11:00 AM To: Christy Jakl Cc: Bill Ramsey Subject: RE: Bias Aguilar Adobe Deed Restriction Attachments: NE-30-004 - Corrective Deed Restriction Bias Aguilar Adobe.pdf Hi Christy: Last Monday, I took the Deed Restriction to the Recorder's Office in Laguna Hills and I gave you a copy of the recorded document. We found out that the Deed Restriction was missing Exhibit 13, so I had to re-record it. Attached is the re- recorded Deed Restriction. Please file it in your office. Thank you! Ayako Rauterkus Development Services Dept. 949A43.6325 From. Christy Jakl Sent: Monday, September 10, 2012 3:57 PM To, Ayako Rauterkus Subject. RE: Bias Aguilar Adobe Deed Restriction There are seven pages. Christi JAI Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax Please share your experience with the City by taking our Survey. ............ From: Ayako Rauterkus Sent* Monday, September 10, 2012 3:28 PM To: Christy Jakl Cc: Bill Ramsey Subject: RE: Bias Aguilar Adobe Deed Restriction Hi Christy, According to Bill, we are paying for it. How many pages total? I will prepare a check request and provide a check. "thank you! Ayaka Rauterkus Development Services Dept. 9.443. 325 ......... From: Christy Jakl Sent: Monday, September 10, 2012 12:24 PM To: Ayako Rauterkus Subject: Blas Aguilar Adobe Deed Restriction Hi Ayako, I'm preparing to send out the Bias Aguilar Adobe Deed Restriction to the Recorder's but notice that it does not state it is for public benefit, Are we paying for this? Thanks! Cl irist-� J akl Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax Please share your experience with the City by taking our Survey. 2 This Document was electronically recorded y CR South County A Recorded in Official Records,Orange County Tom Daly, Clerk-Recorder 1 RECORDING REQUEST D BY: 1111 11L1 III Il 11111 1JI11V I II [1111111111 1111 11 I11111124.00 California Department of Parks and Recreation 2012000542405 11.36am 01,07/12 7/12 2 : Office of Grants and Local Services 66 401 R29 7 0.00 0.00 0.00 0.00 18.00 0.00 0.00 0.00 3 WHEN RECORDED MAIL TO: Office of Grants and Local Services PO Pox 942896 Sacramento,CA 94296-0001 5 Attn: Melinda Steinert 6 8 DEED RESTRICTION 9 10 I. WHEREAS, City of San Juan Capistrano,(hereinafter referred to as"Owner(s)" is/are 1 I recorded owner(s)of the real property described in Exhibit A,attached and incorporated herein by 12 reference(hereinafter referred to as the"Property");and 13 II. WHEREAS, the California Department of Parrs and Recreation(hereinafter referred to 14 ' as"DPR") is a public agency created and existing under the authority of section 5001 of the California 15 P01ic Resources Code(hereinafter referred to as the"PRC");and 16 III, WHEREAS,Owner(s)(or Applicants)applied to DPR for grant Hands available pursuant 17 to the 2006 Parks Bond Act, Nature Education Facilities Program for a development project at the Pias 19 Aguilar Adobe in the City of Sari Juan Capistrano to construct an interpretive well, porno riven,ethno- 19 botanical native plant garden/orchard, and repair to an historic adobe wall, roof, window,and trim on the 2(1 21 Property;and 22 IV. WHEREAS,on April 12,2011,DPR's Office of Grants and Local Services 23 conditionally approved Grant NE-30-004 ,(hereinafter referred to as"Grant") for a development project 24 at the }blas Aguilar Adobe in the City of San Juan Capistrano to construct an interpretive well,horno 25 oven, ethno-botanical native plant garden/orchard,and repair an historic adobe wall, roof,window, and 26 trim on the Property,subject to, among other conditions, recordation of this Deed Restriction on the 27 property,, and i V. WHEREAS, but for the imposition of the Deed RestTictiofl condition of the Grant, the E 2 Grant would not be consistent with the public purposes of the 2006 Parks Bond Act, Nature Education 3 Facilities and the funds that are the subject of the Grant could therefore not have been granted; and q, Vl. WHEREAS, Owner(s)has/ve elected to comply with the Deed Restriction of the Grant, 5 so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant; 6 NOW,THEREFORE, in consideration of the issuance of the Grant funds by DPR,the 7 undersigned Owner(s) for hirnselfrherself/themselves and for leis/her/thoir heirs,assigns, and successors- 8 in-interest, hereby irrevocably covenant(s)with DPR that the condition of the grant(Set forth at 9 paragraph(s) 1 through 5 and in Exhibit B hereto)shall at all times on and after the date on which this E£) Deed Restriction is recorded constitute for all purposes covenants,conditions and restrictions on the use 1E and enjayrnent of the}property that are hereby attached to the deed to the Property as fully effective 12 components thereof. 13 1. DURATION. (a)This Deed Restriction shall remain in full force and effect and shall 14 bind Owner(s)and all his/her/their assigns or successors-in-interest for the period running from July 1, 15 16 2009 through June 30,2029. 17 2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrcvocabie is and shall constitute an enforceable restriction within the meaning of a)Article XIII,sections 8,of the 19 Califomia Constitution;and b) section 402.1 of the California Revenue and Taxation Cade or successor 20 statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to 21 the Property within the meaning of section 3712(d)of the California Revenue and Taxation Code,or 22 successor statue,which survives a sale of tax-deeded property. 23 3, RIGHT OF ENTRY. DPR or its agent or employees snay enter onto the Property at tim.cs 24 reasonably acceptable to Owner(s)to ascertain whether the use restrictions set forih above are being 25 observed, 26 4. REMEDIES. Any act,conveyance, contract, or authorization by Owner(s) whether 27 written or oral which cases or would cause to be used or would permit use of the Property contrary to the 2 terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pt rsue any and 1 2 all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction, 3 In the event of a breach, any forbearance on the part of DDR to enforce the terms and provisions hereof 4 shall not be deemed a waiver of enforcernent rights regarding any subsequent breach, 5 5. SEVERABILITY. If any provision of these restrictions is held to be invalid,or for any b reason becomes unenforceable, no other provision shall be affected or impaired. 7 Approved: September 4`E',2012 9 CITY OF SAN I.AN CAP ISTRA iU 11 By :.: �__. 12 ul ru Kramer, May l E 3 � l 5 iJi�a��.a Mara r , l rk 16 17 APPROVED AS TO FORM: 18 19 6mar;san 'al,Cit4Attor�ney 2,) 21 **NOTARY ACKNC}WLEl OLMENT ON THE NEXT PAGE** 22 23 24 25 26 27 3 PUBLIC AGENCY FORM OF ACKNOWLEDGEI ENT State of California ) County of Orange City of San Juan Capistrwio ) (Gov't Code 40814 & Civil Cocke 1181.) On Se tember 4, 2012, before me, personally appeared Lar Kramer- Ma ear, who proved to me on the basis of satisfactory evidence to the be person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to the that he/she/they executed the same: in his,her/their authorized capacity, and that by his/her/there signature on the instrument the person(-,), or the entity upon behalf of wl:rich the person(s) acted, executed the instrument . i certi#:y under PENALTY OF PERJURY tinder the laws of the State of California that the foregoing paragraph is true and correct. (SIAL,) W11'NESS my hand and official seal. Cl nNvy a'kl; Deputy �Lylerk OPTIONAL. Capacity Claimed by Signers Description of Attached Document Title or Type of Document .Mayor Deed Restrict.ion for the Blas Aguilar Adobe Title Date of Docutrnent: September 4, 2012 Signer is Represeuting Numbor of Pages: 7 City of Satz.Tuan. Capistrano EXHIBIT A • EX;IBIT "A" TO ESCROW INSTRUCTIONS LEGAL DESCRIPTION CHURCH (BLAS AGUILAR) (124-160-08) Lot 19 of Tract No. 103, as shown on a map recorded in Book 11, Pages 29 to 33 inclusive of Miscellaneous Maps, Records of orange county, California. Excepting therefrom the following: Beginning at a point on the south line of Lot 19 of Tract No. 103, as shown on a map recorded ira Stiok 11, ;Page 29 to 33 inclusive of Miscellaneous Maps, Records of Orange Coulit,y 91.98 feet east of the southwest corner Of said Lo C; zut,nzrag: then c: eastetl:y 91.97 feet to a point; thence rtorta�e stexl5 56 s to. a: VOibtl, theMe westerly 98.64 feet to a point; thence southerly .A5 fiat. to Vie point of beginning, being the east half of they south 116,1f Of s la L6 � Also excepting therefrom the following Beginning at the southwest corner of Lot 19 of Tract No. 103, as shown on a snap r corded in B&04.. 11, Page$ 29 to 33 inclusive of Miscellaneous Maps, Records of. Orange Coutlty, Galifaihi:ax 'thence north 5 deg, 531 30" east 63 feet to a po ntr thence easterly M 4. feet to a point; thence southerly 61.05 feet to the tsut}; line of saidLat, l p tb0hce westerly along said soot, line 91.69 feet to the pd rpt sof hegitni>ng being the west half of the south half of said Lot 19. CHURCH (Blas Aguilar) (124-160-09) That portion of Lot 19 of Tract No. 103, as shown on a map recorded in Book 11, Pages 29 to 33 inclusive to Miscellaneous Maps, Records of Orange County, California, described as follows; Beginning at a point on the south line of said Lot 19, said point being 91.98 feet east of the southwest corner of said Lot 19; thence easterly 91.97 feet; thence northeasterly 60.00 Peet; thence westerly 98.64 feet; thence southerly 61.05 feet to the point of beginning, being the east half of the south half of said Lot 19. CHURCH (nlas Aguilar) (124-160-10) That portion of Lot 19 of Tract No. 103, as shown on a map recorded in Book 11, Pages 29 to 33 inclusive of Miscellaneous Maps, records of Orange County, California, described as follows. Beginning at the southwest corner of said Lot 19; thence north 5 deg. 53' 3011 east 53.00 feet; thence easterly 98.64 feet; thence southerly 61.05 feet to the south line of said Lot 19; thence westerly along said south line 91.89 feet to tie point of beginning, being the west half of the south half of said Lot 19. CHURCH (Blas Aguilar) '124 164,11) Lot IS of Tr t-,Na. 103, a s ,.ori a map ""arded ir; BOOk 11, P"age's 29 tai 33 inclusiveof scellaneaus MDean e County, California, � al � 6k/2.29'9i1C1 Exhibit A CHURCH (Blas Aguilar) (124-160-27) Lot 3 in Block 10 of San Juan Capistrano, as shown on a map recorded in Book 3, Page 120 and following, of Miscellaneous Records of Los Angeles County, California, and the west one-half of Garcia Street, adjoining said Lot on the east, abandoned by order of the Board of Supervisors of Orange County, California. Excepting therefrom that portion lying northerly of the southerly line of the northerly 75.00 feet of the southerly 94.00 feet of said Lot 3. C(/co) li e } �l�r'22°,9 fr 8abi.F A EIMIJaIT "A1° TO EscRoW INSTRUCTIONS LEGAL DESCRIPTION CHURCH (E1 Peon) (124-160-23) Lot 24 of Tract No. 103, as shown on a reap recorded in Hook 11, Pages 29 to 33 inclusive of Miscellaneous Maps, records of Orange County, California, i ?k 2"�911D Exhibit A Christ Jakl From: Christy Jakl Sent: Monday, September 10, 2012 12:25 PM To: Ayako Rauterkus Subject: Blas Aguilar Adobe Deed Restriction Hi Ayako, I'm preparing to send out the Blas Aguilar Adobe Deed Restriction to the Recorder's but notice that it does not state it is for public benefit. Are we paying for this? Thanks! Cl-trist-� Jakl Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San .Tuan Capistrano, CA 92675 (949) 443-6310 l (949) 493-1053 fax Please share your experience with the City by taking our Survey. Ab& UY,9 Christ Jakt From: Christy Jakl Sent: Monday, September 10, 2012 12:45 PM To: Bili Ramsey Cc: Aya o Rauterkus; Christina Gomez Subject: Blas Aguilar Adobe Resolution Attachments: 12-09-04-04.pdf Good Afternoon, For your records, attached is the executed resolution for the Blas Aguilar Adobe, Thanks! Cl-trisl� JAI Deputy City Clerk City of San .Juan Capistrano 32400 Paseo Adelanto San .Tuan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax Please share your experience with the City by taking of r Survey t RESOLUTION NO. 12-09-0404 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN .JUAN �j CAPISTRANO, CALIFORNIA APPROVING SITE DEVELOPMENT PLANS FOR THE BLAS AGUILAR ADOBE LOCATED AT 31806 EL CAMINO REAL AND AUTHORIZING RECORDATION OF THE NATURE EDUCATION FACILITY (NEF) GRANT DEED RESTRICTION (ASSESSORS PARCEL NUMBER: (CAPITAL IMPROVEMENT PROJECT 07403) WHEREAS, the City has prepared a site development plan for the Blas Aguilar Adobe property including (1) removal of landscaping at the front of the Adobe to create a larger, safer gathering area near the Adobe's entrance; (2) reconstruction of the above- ground platform and hoist over the historic well; (3) reconstruction of an authentic homo oven near the Adobe's south wall; (4) outlining the perimeter of the foundation of the farmer Casa Tejada Adobe; and, (5) installing interpretive and educational enhancements including a California native ethno-botanical garden toward the rear of the Adobe; and, WHEREAS, the project is being substantially funded by a State of California Nature Education Facility (NEF) Grant awarded to the City in May 2011, and the grant program requires that the City record a deed restriction to assure the completion and maintenance of grant-funded improvements; and, WHEREAS,the proposed project has been processed pursuant to Section 9-2.301, i Development Review of the Land Use Code and specifically, Section 9-2.337, Public improvement plans and outside agency development review; and, WHEREAS, the Environmental Administrator has previously reviewed the initial study prepared pursuant to Section 15063 and 15064 of the CEQA Guidelines,has issued a negative declaration pursuant to Section 15070 of those guidelines; has caused a Notice of Intent to Adopt a Negative Declaration to be posted pursuant to Section 15072 of those guidelines, and has otherwise complied with all applicable provisions of the California Environmental Quality Act(1970); and, WHEREAS, on May 15, 2012, the City Council adopted a Mitigated Negative Declaration (MND) and Mitigation Monitoring & Reporting Program (MMRP) for the proposed project; and, WHEREAS, the Cultural Heritage Commission conducted a duly-noticed public meeting on June 26, 2012, pursuant to the provisions of Title 9, Land Use Code, Section 9- 2.302, public meeting procedures to consider public testimony on the proposed project and recommended City Council approval; and, WHEREAS,the Design Review Committee conducted a duly-noticed public meeting on July 5, 2012, pursuant to the provisions of Title 9, Land Use Code, Section 9-2.302, public meeting procedures to consider public testimony on the proposed project and I recommended City Council approval; and, EE 1 8/412012 WHEREAS,the Planning Commission conducted a duly-noticed public meeting on August 14, 2012, pursuant to the provisions of Title 9, Land Use Code, Section 9-2.302, Public Meeting Procedures to consider public testimony on the proposed project and recommended City Council approval subject to preparation and review of a landscape plan 71 for the ethno-botanical garden. f NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings: 1. The proposed project is consistent with the policies and objectives of the San Juan Capistrano General Plan, specifically, the Cultural Resources Element because the project includes improvements that re-create important, historical site elements that further enhance the historical, interpretive value of the Blas Aguilar Adobe; and, 2. The proposed project is consistent with the policies and objectives of the San Juan Capistrano General Plan, specifically, the Parks and Recreation Element because the site development plan creates a seamless transition between the Blas Aguilar Adobe site and the Historic Town Center Park to create a seamless, integrated community park able to accommodate either adobe programs or park events/programs. NOW, THEREFORE, BE IT FURTHER RESOLVED,that the City Council of the City of San Juan Capistrano hereby approves the proposed project subject to the following conditions of approval: 1. The project plans and specifications will include design details for a free-standing, monument sign consistent with the City's design standards for parks consisting of wood-routed and painted signage indicating the name "Blas Aguilar Adobe Museum"or similar language approved by City Council and the street address,with days and hours of operation. 2. The project plans and specifications will include proposed materials and design details for the proposed site improvements(i.e.the front porch stairs,fencing on the north property line, perimeter tile around the adobe,the zanja irrigation channel, site delineation, Tejada foundation, etc.)which shall be subject to review and approval by the City's Design Review Committee and Planning Commission. 3. Prior to the installation of the ethno-botanical garden, the City will assure the preparation of landscape plans for the garden area which shall be subject to review and approval by the City's Design Review Committee and Planning Commission. 2 91412012 PASSED, APPROVED AND ADOPTED this 4t.' day of September 2012. '--`CARRY KRAMr= ;'MAYOR f ATTEST` 11 to MOR,1 1S, ITY LER . STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF SAID JUAN CAPISTRANO } 1, MARIA MORRIS; appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 12-09-04-04 was duly adopted by the City Council of the City of Sari Juan Capistrano at a Regular meeting thereof', field the 41h day of September 2012, by the following vote:. AYES: COUNCIL MEMBERS, Freese, Reeve, Taylor and Mayor Kramer NOES COUNCIL EMBER: None ABSENT; COUNCIL MEMBER: All vato Yy 7. MARIA MORRIS, Cj1y Clerk 3 914/2012 9/4/2012 Hlb City of San Juan Capistrano A ort TO: Karen P. Brust, Citynag 04 FROM: Grant Taylor, Deveiopme t Services Director Prepared by: William msey, AICP, Assistant Development Services Director DATE: September 4, 2012 SUBJECT: Consideration of the Preliminary Site Development Plan and State- Mandated Deed _Restriction for the Blas Aguilar Adobe Nature Education Facility (NEF) Grant Project (CIP No. 07403) RECOMMENDATION: By motion, 1) Adopt a resolution approving the Preliminary Site Development Plan and State- Mandated Deed Restriction for the Blas Aguilar Adobe Nature Education Facility (NEF) Grant Project, and, 2) Authorize City Clerk to forward the Deed Restriction to the Recorders office for recordation. EXECUTIVE SUMMARY: In May 2011, the State of California awarded the City a $498,434 Nature Education Facility (NEF) Grant for repairs to the Blas Aguilar Adobe Repair and certain site improvements. The approved grant application included a site development concept for the Blas Aguilar Adobe property that included (1) removal of landscaping at the front of the Adobe to create a larger, safer gathering area near the Adobe's entrance; (2) reconstruction of the above-ground, platform and hoist over the historic well; (3) reconstruction of an authentic homo oven near the Adobe's south wall; (4) outlining the perimeter of the foundation of the former Casa Tejada Adobe; and, (5) installing interpretive and educational enhancements including an ethno-botanical native plant garden toward the rear of the Adobe (Attachment 2). In November 2011, the City retained RJM Design Group to prepare the site development plans for the proposed project. Earlier this year, City staff, RJM Design Group staff, and the Blas Aguilar Adobe Foundation Board conducted several design worksessions to refine the site development design, Over the past several months, the City Council Agenda Report September 4, 2012 Page 2 project has been reviewed by the City's Cultural Heritage Commission, the Parks, Recreation, and Senior Services Commission, the Design Review Committee, and the Planning Commission and is now ready for review and final action. DISCUSSION/ANALYSIS: The General Plan Land Use Element designates the Historic Town Center Park including the Blas Aguilar Adobe property as "Specialty Park" and the City's Official Zoning Map designates the area as "CP" (Community Park). The proposed project furthers the General Plan's Cultural Resources Element Goal 1 and Policies 1.1 and 1.2 and Parks and Recreation Element Goal 1 and Policies 1.1, 1.3, 1.5, and 1.6. The site development plan creates a seamless transition between the Blas Aguilar Adobe site and the Historic Town Center Park. In doing so, the Bias Aguilar Adobe and Historic Town Center Park become integrated and are able to accommodate either adobe programs or park events/programs without the limit imposed by the existing equestrian fencing. The grant-funded improvements include historical amenities such as the recreated water well, horno oven, "zanja" irrigation ditch, and Tejada Adobe foundation. The proposed improvements also include widened walkways and greater accessibility to the park which improve safe and convenient access. A location has been identified for a potential future sign which would be implemented separate from the NEF Grant upon direction from the City Council. Finally, the proposed improvements create an enhanced attraction to the Historic Town Center Park for both recreational and historic educational purposes, and will further enhance historic preservation efforts for the adobe. As a condition of the Nature Education Facility (NEF) Grant, the City is required to record a deed restriction on the property to protect and preserve the improvements funded through the grant. The deed restriction provisions are substantially consistent with the City's preservation and rehabilitation of the adobe (Attachment 3). FISCAL IMPACT: The total grant amount is $498,434, and the approved Fiscal Year 2011-2012 budget was $461,027 with prior expenditures occurring during the two prior fiscal years. All eligible costs expended in accordance with the Proposition 84 NEF Grant within the contract term from July 2009 through completion are 100% reimbursable. The eligible costs include pre-construction "soft costs" (building and landscape design, archaeological testing, CEQA, and construction documents, etc.) incurred after July 2009 as well as the future construction costs. ENVIRONMENTAL- IMPACT: The Initial Study was prepared in consultation with Blas Aguilar Adobe Foundation representatives and evaluated the project's potential impacts with a focus on cultural resource impacts. The Initial Study concluded that the project qualified for issuance of a Mitigated Negative Declaration (MND) and on April 23, 2012, the City posted an MND with the County Clerk-Recorder. City Council Agenda Report September 4, 2012 Page 3 PRIOR CITY COUNCIL. REVIEW: • On May 18, 2010, the City Council directed staff to submit grant applications to the State of California for funding under the Proposition 84 Nature Education Facilities (NEF) Grant Program. • On November 15, 2011, the City Council approved a Personal Services Agreement with RJM Design Group to prepare the development plans for the proposed project. • On February 7, 2012, the City Council approved a Personal Services Agreement with Ed Almanza &. Associates for performing the California Environmental Quality Act (CEQA) review of the Blas Aguilar Adobe project. • On May 15, 2012, the City Council approved a Mitigated Negative Declaration (MND) for the project and directed staff to assure signage would be provided along the property frontage. The project plans and specifications will include the design and location of such a sign (Attachment 4). COMM ISS[ON/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: • On June 18, 2012, the Parks, Recreation and Senior Services Commission (PRSS) forwarded the project to the City Council with a favorable recommendation subject to establishing an operational area/plan for special events on the Historic Town Center Park so that such events could be conducted in a harmonious fashion. • On May 14, 2012, at its special meeting, the Cultural Heritage Commission (CHC) recommended approval of a Mitigated Negative Declaration for the project and on June 26, 2012, forwarded the site development plan to the City Council with a recommendation of approval. • On July 5, 2012, the Design Review Committee (DRC) commented favorably and recommended that a landscape plan be reviewed and approved for the project site. • On August 14, 2012, the Planning Commission (PC) recommended City Council approval of subject to preparation and review of a landscape plan for the ethno- botanical garden. City Council Agenda Report September 4, 2012 Page 4 PUBLIC NOTIFICATION: Pursuant to Title 9, Land Use Code, Section 9-2.302(f), Notification procedures, a public meeting notice has been mailed to all real property owners within 1,000 feet of the project (as listed on the Orange County Real Property Tax Assessment rolls), and posted at three public locations. This agenda item has been provided to the applicant and their representative through posting of the agenda packet on the City's website and the following persons have been notified: David Belardes, Blas Aguilar Adobe Foundation Craig Sensenbach, RJM Design Group Larry Ryan, RJM Design Group Attachments: 1 - Draft Resolution 2 - Nature Education Facilities (NEF) Grant Application, Blas Aguilar Adobe 3 - Nature Education Facility (NEF) Grant Deed Restriction 4 - City Council May 15, 2012 Minutes Enclosure: Blas Aguilar Adobe Site Development Plan, RJM Design Group RESOLUTION NO. 12-09-04-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING SITE DEVELOPMENT PLANS FOR THE BLAS AGUILAR ADOBE LOCATED AT 31806 EL CAMINO REAL AND AUTHORIZING RECORDATION OF THE NATURE EDUCATION FACILITY (NEF) GRANT DEED RESTRICTION (ASSESSORS PARCEL NUMBER: (CAPITAL IMPROVEMENT PROJECT 07403) WHEREAS, the City has prepared a site development plan for the Blas Aguilar Adobe property including (1) removal of landscaping at the front of the Adobe to create a larger, safer gathering area near the Adobe's entrance; (2) reconstruction of the above-ground platform and hoist over the historic well; (3) reconstruction of an authentic homo oven near the Adobe's south wall; (4)outlining the perimeter of the foundation of the former Casa Tejada Adobe; and, (5) installing interpretive and educational enhancements including a California native ethno-botanical garden toward the rear of the Adobe; and, WHEREAS, the project is being substantially funded by a State of California Nature Education Facility (NEF) Grant awarded to the City in May 2011, and the grant program requires that the City record a deed restriction to assure the completion and maintenance of grant-funded improvements; and, WHEREAS, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code and specifically, Section 9-2.337, Public improvement plans and outside agency development review; and, WHEREAS, the Environmental Administrator has previously reviewed the initial study prepared pursuant to Section 15063 and 15064 of the CEQA Guidelines, has issued a negative declaration pursuant to Section 15070 of those guidelines; has caused a Notice of Intent to Adopt a Negative Declaration to be posted pursuant to Section 15072 of those guidelines, and has otherwise complied with all applicable provisions of the California Environmental Quality Act (1970); and, WHEREAS, on May 15, 2012, the City Council adopted a Mitigated Negative Declaration (MND) and Mitigation Monitoring & Reporting Program (MMRP) for the proposed project; and, WHEREAS, the Cultural Heritage Commission conducted a duly-noticed public meeting on June 26, 2012, pursuant to the provisions of Title 9, Land Use Code, Section 9-2.302, public meeting procedures to consider public testimony on the proposed project and recommended City Council approval; and, WHEREAS, the Design Review Committee conducted a duly-noticed public meeting on July 5, 2012, pursuant to the provisions of Title 9, Land Use Code, Section 9- 2.302, public meeting procedures to consider public testimony on the proposed project and recommended City Council approval; and, 1 ATTACHMENT 1 WHEREAS, the Planning Commission conducted a duly-noticed public meeting on August 14, 2012, pursuant to the provisions of Title 9, Land Use Code, Section 9-2.302, Public Meeting Procedures to consider public testimony on the proposed project and recommended City Council approval subject to preparation and review of a landscape plan for the ethno-botanical garden. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings: 1. The proposed project is consistent with the policies and objectives of the San Juan Capistrano General Plan, specifically, the Cultural Resources Element because the project includes improvements that re-create important, historical site elements that further enhance the historical, interpretive value of the Blas Aguilar Adobe; and, 2. The proposed project is consistent with the policies and objectives of the San Juan Capistrano General Plan, specifically, the Parks and Recreation Element because the site development plan creates a seamless transition between the Blas Aguilar Adobe site and the Historic Town Center Park to create a seamless, integrated community park able to accommodate either adobe programs or park events/programs. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano hereby approves the proposed project subject to the following conditions of approval: 1. The project plans and specifications will include design details for a free-standing, monument sign consistent with the City's design standards for parks consisting of wood-routed and painted signage indicating the name "Blas Aguilar Adobe Museum" or similar language approved by City Council and the street address, with days and hours of operation. 2. The project plans and specifications will include proposed materials and design details for the proposed site improvements (i.e. the front porch stairs, fencing on the north property line, perimeter tile around the adobe, the zanja irrigation channel, site delineation, Tejada foundation, etc,) which shall be subject to review and approval by the City's Design Review Committee and Planning Commission. 3. Prior to the installation of the ethno-botanical garden, the City will assure the preparation of landscape plans for the garden area which shall be subject to review and approval by the City's Design Review Committee and Planning Commission. 2 PASSED, APPROVED AND ADOPTED this 4th day of September 2012. LARRY KRAMER, MAYOR ATTEST: MARIA MORRIS, CITY CLERK 3 Proposition 84 Grant Program Nature Education Facilities (NEF) Blas Aguilar Adobe Submitted by: City of San Juan Capistrano Community Development Department 32400 Paseo Adelanto San Juan Capistrano, California 92675 Submittal date: July 1, 2010 Grant Taylor, Community Development Director Teri Delcamp, Historic Preservation Manager William Ramsey, AlCP, Principal Planner David Contreras, Senior Planner ATTACHMENT 2 Proposition 84 Grant Program Nature Education Facilities (NEF) Bias Aguilar Adobe Table of Contents 1. Application Form.................. ...............__............ ............ .............Page 4 2. Non-Profit Organization Requirements (N/A) ............. ............ ............. Page 6 3. Joint Powers Authority Requirements (N/A) ... ........... .......... .............. Page 8 4. Authorizing Resolution ... .......... .............. ........__............. ...... Page 10 5. Certification Letter (State Agencies Only) N/A............. ........__.......... Page 13 6. Grant Scope/Cost Estimate................ ......... .................... ............ ..Page 15 7. Funding Sources... ................. ................. .......... .............__.... Page 17 8. California Environmental Quality Act (CEQA) Compliance........1-1............. Page 19 9. Land Tenure Requirement ............. .......... ..............__.......__.... Page 21 10. Sub-Leases or Other Agreements.......... ......... ................ ..................Page 28 11. Concept Level Site Plan and Floor Plan...................__.................. ............. Page 35 12. Project Location Map ..... .............__................. ............. .............. Page 38 13. Photos of the Project Site.............._................ ........... ............. ........ Page 40 14. Project Summary (one page maximum) ................_................ .................. Page 45 15. Project Selection Criteria (20 page maximum) ................. ............ ............ Page 47 Application Form R z„ Application Form STATE OF CALIFORNIA—THE RESOURCES AGENCY— DEPARTMENT OF PARKS AND RECREATION PROJECT APPLICATION 2006 Bond Act (Proposition 84 - NATURE EDUCATION FACILITIES PROGRAM PROJECT NAME ` Blas Aguilar Adobe Tier(Select orae) ❑A ❑ B ©C ❑ D ❑ E PROJECT PHYSICAL ADDRESS (including zip code) 31806 El Camino Real Requested GRANT Amount 8498,434.00 San Juan Capistrano, CA 92675 Nearest Cross Street County of PROJECT Location Total Other Fund Sources $0 Ortega Highway Orange County Est, Total PROJECT Cost 8498,434.00 APPLICANT(CITY, COUNTY, DISTRICT, JPA, STATE AGENCY OR NON-PROFIT ORGANIZATION) City of San Juan Capistrano, CA i Describe the PROJECT SITE LOCATION: 0.65 Acres owned in fee simple by Applicant Acres aVakable under`year proposed or existing land tenure agreement 0.65 Total Acreage of the PROJECT site DIRECTOR/PRESIDENT/CEO Joe Tait, City„Ma,na,g,er 32400 Paseo Adelanto San Juan Capistrano,-CA 92675 Name (typed orprinted)and Title Mailing Address DIRECTOR/PRESIDENT/CEO (9491443-6317 JTait sanivanca istrano.or Panne Email address DAY-TO-DAY CONTACT for ADMINISTRATION of the GRANT(if different from AUTHORIZED REPRESENTATIVE) Teri Delcamp, Historic Preservation Mana-ger 32400 Paseo Adelanto San Juan Capistrano,.CA 92675 Name(typed orptinted) and Title Mailing Address DIRECTOR/PRESIDENT/CEO (949)443-6330 TDeicampftsanivancapistrano.oru Phone Email address GRANT SCOPE: I represent and warrant that this APPLICATION PACKET describes the intended use of the requested GRANT to Complete the FEATURES and MAJOR SUPPORT AMENITIES listed in the attached GRANT SCOPE/Cost Estimate Form. I certify that the information contained in this APPLUCATION PACKET, including required attachments, is accurate. AUTHORIZED REPRESENTATIVE AS SHOWN IN RESOLUTION OR CERTIFICATION LETTER he e,A .. .. f Sig ature AUTHORIZED REPRESENTATIVE Date Joe Name at, City Manager �and Tale JTait san'uanca istrano.or (9491443-6317 Email.address Phone City of San Juan Capistrano Application Form Bias Aguilar Adobe 4 Non-Profit Organization Requirements V 2. NON-PROFIT ORGANIZATION REQUIREMENTS This section does not apply, as the City of San Juan Capistrano is not a non-profit organization. The City of San Juan Capistrano is a city in the County of Orange. 6 Joint Powers Authority Requirements 3. JOINT POWERS AUTHORITY This section does not apply, as the City of San Juan Capistrano is not a Joint Powers Authority. 8 Authorizing Resolution Y _'JA"y .: qqtyy''■■`��¢¢aa 9 RESOLUTION NO. 10-03-02-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO APPROVING APPLICATIONS FOR THE NATURE EDUCATION FACILITY PROGRAM FUNDS, SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD' CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006. WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Nature Education Facilities Program, setting up necessary procedures governing the Application; and, WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application(s) before submission of said application(s)to the State; and, WHEREAS, the applicant will enter into a contract with the State of California to ccmplete the projects. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Juan Capistrano hereby approves the filing of an application for the following projects: 0 Northwest Open Space, Phase I improvements consisting of community gardens and the historic Williams-Swanner property with an agricultural, educational, and historical interpretive elements. 0 Los Rios Community Park, Phase 2 Improvements including a potential historic structure, California native landscaping and an "active recreational field" situated along Paseo Adelanto (maximize distance from residential). 0 Kinoshita Farm, Community Garden improvements consisting of a new community garden area at Kinoshita Farm. 0 Bias Aguilar Adobe repair and restoration. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Juan Capistrano hereby; 1. Certifies that said applicant has or will have available, prior to commencernent of any work on the project included in this application, the sufficient funds to complete the project. 2. Certifies that the applicant has or will have sufficient funds to operate and maintain the project. ' 3. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide. 3-2-2010 10 4. Certifies that this project is consistent with the applicable city or county, or appropriate planning document, as the case may be. 5_ Delegates the authority to the City Manager to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the project. 6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. Approved and adopted the 2"of_Mar 14. DR. LOWRES USO, MAYOR_,_ I r�d MARIA MORRIS, CLERK STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO 1, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 10-03-02-02 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 2nd day of March 2010, by the following vote: AYE QOUNCIL MEMBERS: Allevato, Nribar, Nielsen, Freese and Mayor Uso NOES: - OUNCIL MEMBER: None A14SE 1 : OUNCIL MEMBER: None MAARVRIS, City 3-2-2010 Certification Letter wl �4. x 12 5. CERTIFICATI©N LETTERS This section does not apply, as City of San Juan Capistrano is not a California State Agency. 13 Grant Scope/ Cost Estimate 14 GRANT SCOPEXOST ESTIMATE FORM APPLICANT CITY OF SAN JUAN CAPISTRANO PROJECT NAME BLAS AGUILAR ADOBE GRANT SCOPE ITEMS ESTIMATED DEVELOPMENT A List each FEATURE and MAJOR SUPPORT AMENITY i COST Seismically stabilize historic adobe wall, repair roof, windows, trim $ 197,140.00 1 Construct interpretive well/hoist, horno oven, enhanced access $ 67,367.00 Create ethnobotanical native plant garden and orchard, drip irrigation $ 109,830.00 i i TOTAL ESTIMATED: FEATURES AND MAJOR SUPPORT AMENITIES $ 374,337.00 PRE-CONSTRUCTION COSTS CEQA COSTS $25,000 (If not complete at time "a Iicat'ron ALL, OTHER PRE-CONSTRUCTION COSTS $99,097 TOTAL.ESTIMATED: PRE-CONSTRUCTION COST $ 124,097.00 ESTIMATED TOTAL PROJECT COST $ 498,434.00 The APPLICANT understands that this form establishes the expected GRANT deliverables. Therefore, all of the FEATURES and MAJOR SUPPORT AMENITIES listed on this form must be complete and open to the public before final GRANT payment is processed as specified in the GRANT ADMINISTRATION GUIDE, The APPLICANT also Understands that no more than 25% of the GRANT amount may be on PRE-CONSTRUCTION Costs. Signature AP ICANT'S U HCRIZED REPRESENTATIVE DateI Zg /p City of San Juan Capistrano Grant ScopelCost Estimate Form Blas Aguilar Adobe 15 Funding Sources .......... .......... .......... .. a 16 FUNDING SOURCES FORM APPLICANT CITY OF SAN JUAN CAPISTRANO PROJECT NAME BLAS AGUILAR ADOBE FUNDING SOURCE DATE AMOUNT COMMITTED Nature Education Facility Grant Request TBD $498,434.00 $ $ $ isi I $ 1 TOTAL. FUNDING SOURCES 0$498,434.0 Must Equal Estimated Total PROJECT Cost ..0 The APPLICANT understands that the PROJECT cannot be funded unless the requested GRANT equals the estimated total PROJECT cost, or, the requested GRANT plus additional committed funds equals the estimated total PROJECT cost, The PROJECT must be completed and open to the public before final GRANT pa ment is processed. Signature APPICANT'S UTHORIZE❑REPRESENTATIVE Date $ !© City of San Juan Capistrano Funding Sources Form Bias Aguilar Adobe 17 California Environmental Quality Act (CEQA) Compliance 18 I, �u 32400 PASEO ADELANT4 I r MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 ii �, ALLEVATO (949)498-1171 SAM ,L Flo€oevNANIt¢ LAiJRAFAFREES REESE (949)493-1053F'Ax ° fSSkBusNEN THOMAS W.HRIBAR !h''l�iL'.,5'CIJ1jifC13tCClpl.Sll'[I!1C).o g I776 MARK NIELSEN $ • DR.LONDRES USO e s June 29, 2010 Sandy Berry California Department of Parks and Recreation Office of Grants and Local Services 1416 Ninth Street, Room 918 Sacramento, CA 95814 Subject: CEQA Certification; Nature Education Facilities (Prop 84) Grant Program Project: Blas Aguilar Adobe Rehabilitation Dear Ms. Berry: This letter is to inform you that should the proposed project receive an award of grant funding from the State, the City of San Juan Capistrano will complete an Initial Study pursuant to the provisions of the California Environmental Quality Act (CEQA) and otherwise comply with all applicable provisions of CEQA. Based on our knowledge of the area and prior experience, we anticipate that the proposed project will qualify for an Mitigated Negative Declaration (MND) and that all impacts will be mitigated to a level of insignificance, However, the Initial Study to be completed by the City will establish the actual CEQA determination. Based on our preliminary project schedule, we are confident that we can and will complete the full CEQA review process for this project within the required one-year timeframe from the date of award of the grant. Our tentative CEQA review schedule will conclude within eight months of the award of grant funding as follows: Preparation of preliminary design plans: January-April 2011. Preparation and posting of CEQA documentation: April-May 2011. Commission review of preliminary design plans: June-July 2011, City Council approval of CEQA and preliminary design plans August 2011. Preparation of construction plans and specifications: September 2011-December 2011 We tentatively estimate that the CEQA review process for the proposed project will cost approximately $25,000. Should you have any questions about the City's administration of the CEQA review process, please don't hesitate to contact me at (949) 443-6334. Sincerely, Wi liam A. Ramsey, AICP Environmental Administrator Cc: Grant Taylor, Community Development Director San ,duan Capistrano: Preservirj# the Past to Enhance the F'tsture Otr Pintcd on Opp%recycled paper Land Tenure Requirement AIIw 20 9. Land Tenure Agreement The City of San Juan Capistrano owns the Project Site. Please see the following pages for appropriate documentation as proof that the City of San Juan Capistrano is the land owner. 21 IMMAPWASPM33AA MMRORAWWCOUNTY ASSMAW"xo As sONLY rTHE ASSM 124 - 16 Marl A A� FORORIF1i tle. ��lpPYTOHANtlE COUNTY A�E&BOR� 3 668-?4 'a 100 3 Af /o-aT 53 a. N ss -rr PORLor s..sr. j NI i project site JrO � �� s• n $I i a t07"8 p b' $.�G. 3S 08 ® 1.38 AC. 12 1 ti S.J.C. C7 m 6LAI. /O SL K 5 nC N III # ry 2 AC, 5[ p f1 48' F2 S. (Ir6-36 lro ) ISga DA.s&- ! 1 EF L..- `B"a. f N C4Rf/NO q � RE/!L --�-- " - V J 1 �3.s� . , NO. 103 t' �• ` -,2a v 6 ss.rz' ,,p m F8 s RS.SAN a JU PoR,car/5- 0.4 s_GA7-RANO © 1 6 t t7 I g� � � B, � ¢, .00.5• ,.s• cAPJsrRANO CC /cr.te. CAMINONOTE—ASSESSOR'S BLOCK B ASSESSOR'S MAP —I----~ 124 PARCEL NUMBERS BOOK[24PAGE 16 'MAWCH 1951 SHOWN IN CIRCLES COUNTY OF ORANGE \ R"5, SAN JUAN CAPISrRANO,R"S.2-35 12€—14 SAN JUAN CAPI.STRANO L:A.I—25 TO 30 TR�As1O_,103 _.. M.M. /! 29 �� Property Detail Report Page I of 1 Property DIGITAL MAP" Be9offid?appiN Detail Report for: =ryuT 31806 EL CAMINO REAL, SAN JUAN CAPISTRANO r , HCA , 9Y2675-3206 ----------- .,.._.. ..,._u� .._._.._- Owner Information: Owner Name: SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT Mailing Address: 32400 PASEO ADELANTO,SAN JUAN CAPISTRANO,CA,92675-3603 Vesting Code: COMPANYICORPORATION(INCORPORATED Phone Number: m._„_,__-e_.. . ._,.,.._.._ ..,.. Location Information: Legal Description: TR 103 LOT 19 N112 County: ORANGE FIPS Code: 06059 Census Trct/Bik: 0423122/2 APN: 12416008 Alternative APN: 12416008 Map Ref: C1-972 Twnshp-Rnge-Sect: -- Legal Book/Page: 124-161 Tract No: Legal Lot: 19 Legal Block: Subdivison: -----.m —------ Last --Last Market Sale Information: Sale Date: 01101/1987 Sale Price: 1”Mtg Amount: Sale Doc No: 0000655276 Price Per SgFt: 1st Mtg Int Type: Transfer Doc No: Price Per Acre: 2nd Mtg Amount: Multi/Split Sale: 1 sf Mtg Doc No: 2nd Mtg Int Type: Sale Type: Deed Type: Title Company: Lender: Seller Name: ....... . __. _, Property Characteristics: v „�,_.k, _..�. ,__..,_ . ___.__.__...__. ___. Building Area: 2,046 Total Rooms: Construction: Living Area: 2,046 Bedrooms Heat Type: Garage Area: Baths: Air Cond: Basement Area: Fireplace: Roof Type: Parking Type: No of Stories: Roof Material: Yr Built/Effective: 19371 Quality: Style: Pool Code: _ k Tax and Value Information: Assessed Value: $598,121 Assessed Year: 2009 Est Parket Val: Land Value: $597,388 Property Tax: Assessor Appd Va(: Improvement Value: $733 Improvement%: 0.12 Total Taxable Value: $ Tax Exemption: OTHER Site Information: Assessor Acres: 0.2961 Zoning: Land Use: 600 Assessor Lot SgFt: 12,900 No of Buildings: Land Use Desc: PUBLIC(NEC) Assessor Lot WID: 1 Res/Comm Units: County Use Code: Calculated Acres: 0.2961 Sewer Type: Calculated Lot SgFt: 12,900 Water Type: In Seismic Liquefaction Hazard Not in Seismic Landslide Hazard Not in Fault Zone Hazard In One Mile Industrial Commercial Zone Not in 100yr.FEMA Flood Zone Not in Dam Inundation Hazard Not in Wildland Fire Hazard Not in Severe Fire Hazard 23 bttp://z aps.digitalmapcentral.corn/production/CityGIS/vO7_O1_O62/index_62b.html 611.5/2010 Property Detail Report Page I of I [DIGITAL AP:. Property Detail Report for- 31796 EL CAMINO REAL, SAN JUAN CAPISTRANO CA , 92675- .......... Owner Information: Owner Name: SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT Mailing Address: 32400 PASEO ADELANTO,SAN JUAN CAPISTRANO,CA,92675-3603 Vesting Cade: COMPANY[CORPORATION/INCORPORATED Phone Number: ............. Location Information: Legal Description: TR 103 LOT 19 SE114 County: ORANGE FIPS Code: 06059 Census Trct/B1k: 042312212 APN: 12416009 Alternative APN: 12416009 Map Ref: GI-972 Twnshp-Rnge-Sect: -- Legal Book/Page: 124-16/ Tract No: Legal Lot: 19 Legal Block: Subdivison: Last Market Sale Information: Sale Date: 11/20/1987 Sale Price: 15t Mtg Amount: Sale Doc No: 0000655276 Price Per SqFt: 1St Mtg Int Type: Transfer Doc No: Price Per Acre: 2nd Mtg Amount: Multi/Split Sale: 12�t Mtg Doc No: 2nd Mt,Int Type: Sale Type: Deed Type: Title Company: Lender: Seller Name: ---------- ............ Property Characteristics; Building Area: Total Rooms: Construction: Living Area: Bedrooms Heat Type: Garage Area: Baths: Air Cond: Basement Area: Fireplace: Roof Type: Parking Type: No of Stories: Roof Material: Yr BuilUEffective: f Quality: Style: Pool Code: ............-......... Tax and Value Information: Assessed Value: $270,219 Assessed Year: 2009 Est Market Val: Land Value: $270,219 Property Tax: Assessor Appd Val: Improvement Value: Improvement%: Total Taxable Value: $ Tax Exemption: OTHER ................ Site Information: Assessor Acres: 0.1331 Zoning: Land Use; 600 Assessor Lot SqFt: 5,800 No of Buildings: Land Use Desc: PUBLIC(NEC) Assessor Lot W/D: I ReslComm Units: County Use Code: Calculated Acres: 0.1331 Sewer Type: Calculated Lot SqFt: 6,800 Water Type: In Seismic Liquefaction Hazard Not in Seismic Landslide Hazard Not in Fault Zone Hazard In One Mile Industrial Commercial Zone Not in 100yr. FEMA Flood Zone Not in Dam Inundation Hazard Not in Witdiand Fire Hazard Not in Severe Fire Hazard 24 http://map,s.digitalmapcentral.com/production/CityGIS/vO7—O]—O62/index-62b,html 6/16/2010 Property Detail Report page 1 of 1 DIGITAL MAP Property Detail Reportfor: PROOUC,S 31796 EL CAMINO REAL, SAN JUAN CAPISTRANO CA , 92675- x.. ...._ .. Owner Information: Owner Name: SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT Maiiing Address: 32400 PASEO ADELANTO,SAN JUAN CAPISTRANO,CA,92675-3603 Vesting Code: COMPANY/CORPORATIONItNCORPO RATED Phone Number: ----------- _ ,,.,, Location Information: Legal Description: TR 103 LOT 19 SWI/4 County: ORANGE FIDS Code: o5069 Census TrctlBik: 042312212 APN: 12416010 Alternative APN: 92416010 Map Ref: C1-972 Twnshp-Rnge-Sect: -- Legal Book/Page: 124-161 Tract No: Legal Lot: 19 Legal Block: Subdivison: Last Market Sale Information: Sale Date: 0110111987 Sale Price: 1st Mtg Amount: Sale Doc No: 0000655276 Price Per SgFt: 1st Mtg int Type: Transfer Doc No: Price Per Acre: 2nd Mtg Amount: Multi/Split Sale: 1st Mtg Doc No: 2nd Mtg Int Type: Sale Type: Deed Type: Title Company: Lender: Seller Name: Property Characteristics: Building Area: 879 Total Rooms: Constructfon: Living Area: 879 Bedrooms Heat Type: Garage Area: Baths: Air Cond: Basement Area: Fireplace: Roof Type: Parking Type: No of Stories: Roof Material: Yr Built/Effective: 19421 Quality: Style: Pool Code: Tax and Value Information: Assessed Value: $261,749 Assessed Year: 2009 Est Market Val: Land Value: $261,749 Property Tax: Assessor Appd Val: Improvement Value: Improvement%: Total Taxable Vatue: $ Tax Exemption: OTHER Site Information: Assessor Acres: 0.1354 Zoning: Land Use: 600 Assessor Lot SgFt: 5,900 No of Buildings: Land Use Desc: PUBLIC(NEC) Assessor Lot W/D: ! Res/Comm Units: County Use Code: Calculated Acres: 0.1423 Sewer Type: Calculated Lot SgFt: Water Type: In Seismic Liquefaction Hazard Not in Seismic Landslide Hazard Not in Fault Zone Hazard In One Mile Industrial Commercial Zone Not in 100yr.FEMA Flood Zone Not in Clam Inundation Hazard Not in Wildiand Fire Hazard Not in Severe Fire Hazard 25 bttp://maps.digitalmapeentral.corn/production/CityGIS/vO7_O 1_062/index_62b.html 6/16/2010 Property Detail Report Page 1 of 1 rope : Detailfor: DIGITAL MAP ®epe�rRP�rp.�is� 31782 EL CAMINO REAL, SAN JUAN CAPISTRANO CA , 92675- ., . .....,.._. Owner Information: Owner Name: SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT Mailing Address: 32400 PASEO ADELANTO,SAN JUAN CAPISTRANO,CA,92675-3603 Vesting Code: COMPANYICORPORATIONIINCORPORATED Phone Number: __.,-. ._.._, __..._.,.-.m �....._..,. ._ �.._. ._w . Location Information: Legal Description: SAN JUAN CAPISTRANO LOT 3BLK 10 SLY 94 FT-EX NLY 75 FT- County: ORANGE FIPS Code: 06059 Census Trct/Blk: 0423122/2 APN: 12416027 Alternative APN: 12416027 Map Ref: C1-972 Twnshp-Rnge-Sect: -- Legal Book/Page: 124-161 Tract No: Legal Lot: 3 Legal Block: 10 Subdivison: SAN JUAN CAPISTRANO Last Market Sale Information: Sale Date: 01101/1987 Sale Price: 1ST Mtg Amount: Sale Doc No; 0000655276 Price Per SgFt: 1st Mtg Int Type: Transfer Doc No: Price Per Acre: 2nd Mtg Amount: Multi/Split Sale: ill'Mtg Doc No: 2nd Mtg Int Type: Sale Type: Deed Type: Title Company: Lender: Seller Name: . .... ........ _._. Property Characteristics: Building Area: Total Rooms: Construction: Living Area: Bedrooms Heat Type: Garage Area: Baths: Air Cond: Basement Area: Fireplace: Roof Type: Parking Type: No of Stories: Roof Material: Yr Built/Effective: / Quality: Style: Pool Code: Tax and Value Information: Assessed Value: $189,657 Assessed Year: 2009 Est Market Val: Land Value: $189,657 Property Tax: Assessor Appd Val: Improvement Value: Improvement%: Total Taxable Value: $ Tax Exemption: OTHER Site Information: Assessor Acres: 0.0918 Zoning: Land Use: 600 Assessor Lot SgFt: 4,000 No of Buildings: Land Use Desc: PUBLIC(NEC) Assessor Lot W/D: I Res/Comm Units: County Use Code: Calculated Acres: 0.1046 Sewer Type: Calculated Lot SgFt: Water Type: In Seismic Liquefaction Hazard Not in Seismic Landslide Hazard Not in Fault Zone Hazard In One Mile Industrial Commercial Zone Not in 100yr.FEMA Flood Zone Not in Dam Inundation Hazard Not in Wildland Fire Hazard Not in Severe Fire Hazard 26 http://maps.digitalmapcentral.com/production/CityGIS/vO7_o 1_062/index_62b.htm1 6/1.5/2010 Sub-Leases Or Other Agreements 27 1.0 SUBLEASES OR OTHER.AGREEMENTS m Memorandum of Understanding between San Juan Capistrano Community Redevelopment Agency and the Blas Aguilar Foundation, dated March 4, 1997. 28 1 Memorandum Curator Responsibilities for the Bla§ Aguilar_dobe This Memorandum of Understanding between the Blas Aguilar Foundation(Foundation) and the San Juan Capistrano Community Redevelopment Agency(Agency) establishes the duties and responsibilities of all parties concerning the Blas Aguilar Adobe. The Agency Board of Directors has designated the Blas Aguilar Foundation as curator of the Agency awned property known as the Blas Aguilar Adobe located at 31806 El Camino Real, San Juan Capistrano,CA. The Blas Aguilar Adobe is an historic property which requires sensitive care and treatment. I. cervices to be Rendered As curator, the Foundation agrees to do the following: A. Open the building and grounds to the public for the implementation of educational programs and activities. The Agency is to be notified, in writing, of scheduled activities such as living history demonstrations, museum openings and any other special events taking place within the interior or on the exterior grounds of the site. if the Foundation sets a specific schedule of hours when the Adobe will be open for activities, the Agency will be notified, in writing, of such a schedule. A sign shall be posted at the Adobe indicating the days and hours of operation, B. A Foundation member or their designated representative shall remain on site at all times the building and grounds are open to the public. A pamphlet shall be made available to visitors conveying historic information about the Adobe. C. Provide routine upkeep of the interior of the structure. D. Provide routine upkeep of the exterior of the structure. E. Provide routine.maintenance of the grounds by picking up trash, removing weeds, and by cleaning up fallen leaves and other yard debris. F. Develop interpretive displays of artifacts consistent with the periods of the Adobe. C. Provide quarterly reports to the Agency Executive Director regarding the numbers of visitors to the Adobe and restoration activities. 29 i 2 II. Prohibitcd Actin A. The Foundation shall not make, or allow to be made, structural modifications of any kind to the Blas Aguilar Adobe without prior written approval of the Agency. The Agency may require review of proposed plans by appropriate Agency Co n missions and Boards as determined by the Agency Director. The report "Architectural Investigation of the Blas Aguilar Adobe" prepared by Gilbert Sanchez, Inc, shall be used as a guide in considering any proposed alterations. B. The Foundation shall not allow nails, tacks or other sharp objects to be placed in the adobe walls, roof or ceiling of the structure. All parties acknowledge that there are pre- existing nails, nail holes and other marks on the walls of the Adobe. C. The Foundation shall not allow holes to be drilled into the structure for any purpose. D. The Foundation shall make no permanent alterations to the floor of the Adobe. Temporary floor treatments must be non permanent and reversible. F. The Foundation shall provide to the Agency a list of holders of keys received from the Agency to the Adobe. III. Modifications Requiring Prior Ag ncv AApproval A. No modifications to the exisfmg yard & landscaping will be made without prior approval of the Agency. Any proposed plans for landscaping changes must be submitted in written form to the Agency for review and approval. B. The Agency may require review of proposed plans identified in A above, by the appropriate Agency Commissions and Boards as determined by the Agency .Executive Director. M Mie& eous—awdsions A. The antique white stave shall remain in the Adobe. No other furnishing or fixture shall be removed without prion Agency approval. B. Any artifactual items recovered or found on the site are Agency property and shall remain at the Adobe. Agency staff shall be notified of any finds so that materials can be cataloged 30 ` 3 and inventoried. The Agency reserves the right to remove artifactual items from the property as determined by the Agency Executive Director, V. Inkpaident Contractors At all times during the term of this Agreement, the Blas Aguilar Foundation shall be an independent contractor and shall not be employed by the Agency. Agency shall have the right to control the Foundation only insofar as the results of services rendered pursuant to this Agreement; however, Agency shall not.have the right to control the means by which services are accomplished or rendered pursuant to this Agreement. All persons employed to provide services under this Agreement shah, be employees or contractors of the Foundation. The Foundation shall be responsible for providing worker's compensation insurance coverage for all persons employed to perform services under this Agreement. Except as Agency may specify in writing, the Foundation shall have no authority, express or implied, to act on behalf of the Agency in any capacity whatsoever as agent. The Foundation shall have no authority, express or implied pursuant to this :Memorandum of Understanding to bind the Agency to any obligation whatsoever. VI. Insurance Requirements The following shall be required of the Foundation and of any subcontractor employed by the Foundation to perform services under this memorandum. The Foundation shall supply evidence of valid, current coverage in all specified areas for all services covered by this memorandum, whether performed by them or a subcontractor or volunteer. A. Comprehensive General Liability. The Foundation shall maintain in full force and effect comprehensive general liability coverage, including premises operations, broad form property damage, and blanket contractual liability in the following minimum amounts: $500s000 -�c property damage; g = $500,000 injury to one person/any one occurrence/ not limited to contractual period; } t,, $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. The Foundation shall provide an endorsement to the Agency establishing that the Agency has been legally added as an additional insured to the insurance policies required 31 4 under this Agreement. B. Worker's Compensation. If the Foundation employs employees or use volunteer services to perforin services under this memorandum, they shall obtain and maintain, during the life of this agreement, Worker's CompensationEmployer's Liability Insurance in the statutory amount as required by state law. This policy/policies shall not terminate, nor shall they be canceled, nor the coverage reduced until after 30 days written notice is given to the Agency. VII. Amu ResponsibilWo A. The Agency shall maintain the electrical, plumbing and water systems serving the stricture. The Agency shall be responsible for monthly usage charges for these utilities. B. The Agency shall provide installation of one dedicated telephone line to provide telephone service to the Adobe and will pay the monthly costs for basic phone coverage. The Foundation will be responsible for all telephone usage charges over and alcove the monthly basic charges. s Vlll. Cmmsatn The Foundation shall receive no compensation from the Agency for their services. The Agency shall, however, pay reasonable costs associated with securing, on behalf of the Foundation, the necessary insurance as required in Section VI above. IX Tem►and Cancellation A. This agreement shall remain in effect until one of the following occurs. 1. The Foundation desires to cease volunteer service at the Adobe and provides 30 days notice to the Agency. 1 The Agency cancels this agreement immediately for cause for violation of any part of Section H "Prohibited Actions" by the Foundation or anyone acting at their direction. 3. The Agency provides 180 days written notice of intent t€3 cancel the agreement. B. The Agency agrees that if the Agency Board of Directors desires to consider a lease arrangement for the property with any other party, the Foundation shall be given first right of refusal upon 180 days notification, under teams no less favorable. 32 S X Asssi gnmeut This agreement may not be assigned by the Foundation. XI. Liaison kbxce A. The Agency shad designate staff to serve as a liaison with the Foundation for the purposes of carrying out this agreement. The terms and conditions described above are agreed to: CBlasA�guilar(FZounLdafio�n, by JDo WyaVlart .. Agency Cha4m= Approved as to Form: Agency Counsel Date ATTEST: Agency SeA6W Date 33 Concept Level Site Plan d t; 34 k,i v- t oe -~-- �Y k� q X y� Li J,`J PPIt'I�1N� H l C oyP- !�G_` o w N t � � s I 111,E a" oNtl'd 0 tt4lf"RASA G�ANtYG SItEWA l� �A%Aux-nLi) A�Gd 75c)U U`[Y OF SAN `-VAH CA�A'7(P-.}-�6, CA[A l�OV-t4kA I L lmf"Vem" RAN 6CoAMLAkM/ s v toPriPNY MVV 2oto 35 ----------- - ------------- -D.G.Sidewalk Covered Porch rts Artifact x v Museum CtlYa11011x _°_ , - . 050 S.F. 350 S.F. r(5 p V_ K Museum Museum Educational Office collections Perimeter Pence 300 S.F. in each of three rooms �x �r S has Aguilar Adobe - Floor Flan App!-eox. 1,900 interior S.F. jcale: NT,5 Project Location Flap _ a 37 c � 1- { _ 3 �x - c {�e1(3b+srJ�$i aD i ain no t xi 0T- 1, 73 M CL C 4uskios in. _ n O sa t.os Rios st _ 0 O CD a N Photos of the Pr®mect Site r s` 39 Otb R IGi I t�E t. FagE r 4j At ell v ,. ! L _. Y'i�S�f A...Wig. 3., a .Y�* :..{4?T.,.Y Sf // 3 I } 4 p 3 17 110WAV I s, �F ; /E / ® ® s lis 444 P ® ® ® ® w �M. W,? r r r > � � .............. 4. i. r r er 'J Y n� 3 � t r ."+ 46T 141 I.Varr, Unknown ®ate 1 885 r==te �4 l e .. ' . [Ngna3y pr9dvcid 6y the?VSC LAgMal Ar:hiv¢3cIz00E,Calikrnal3istoricalla><iy.E1CbPo-�crrc.ctss:su ��`��""��" 8 i' 4' Unknown ®ate 1899 f� IV r � / rs d c, r QY rJN:enoa�cNUyfbrvsC[�ypH firshne,naz if CaJlo �iinm,aaisaMrr ».n;z µ � - ,,,z r�ri4�4[JYI lJ3 {� �f lh .,: n,f.. ,b3h�:4'$�ffr�f�f�L��,,./ :�}j..3.E I Z�'f Fred}�.ray.s �,f �f ��iry - ;i ��✓� � f"< Y 43 Project Summary %Ziil 4w 4s r.- e 44 Section 14, Proiect Summary Bias Aguilar Adobe The Blas Aguilar Adobe project is a 0.65 acre project site located adjacent to and partially within the Historic Town Center Archaeological Park on Bl Camino Real south of Ortega Highway in the heart of San Juan Capistrano's historic downtown and within walking distance from economically disadvantaged residential areas. The project includes the seismic stabilization and repair to the roof of a historic adobe listed in the National Register of Historic Places and the creation of interpretive historic features and a native plant garden/orchard that will expand the natural, historic and Native American resource educational programs of the Museum which is housed in the Adobe. Historic photographs from the turn of the last century show the original building complex including the former Casa Tejada on the other side of a walled courtyard south of the Blas Aguilar Adobe. A well with a wooden hoist structure and an hormo oven were both present within the courtyard. The adobe complex, known as La Hacienda Aguilar, was owned by the last alcalde of San Juan Capistrano, Don Blas Aguilar. Today, the Adobe is home to the Bias Aguilar Adobe Museum and Juaneno Acjachemen Cultural Center operated under license from the City by the Blas Aguilar Adobe Foundation. The Museum curates and displays historic and pre-historic artifacts and eco-artifacts including manos, metates, points, shells and beads, baskets and textiles, Native American canoe, animal skins and teeth, etc., and features historic photographic displays and an interpreted late-1800s era bedroom. The project proposes to re-create the missing exterior well and porno features as a means of enhancing the interpretive quality of the site and expanding the educational aspect of the Museum to the outdoors. Other interpretive and nature education enhancements would include a native/California friendly plant garden by the Adobe and outlining the front courtyard wall and possibly the foundations of the former Casa Tejada either at-grade with stones or with low adobe walls. There is the possibility of re-creating a zanja water feature near an existing drainage feature as well as a historically compatible storage building behind the Adobe so that the existing artifact curation room could become exhibit space for collections, these may be phased as use agreement details are worked out through the design process. Other proposed enhancements would increase the public's ease of access to the Adobe and functionality of the facility. These include the removal of the in-ground landscape at the front of the Adobe with creation of a patio with ladrillo tiles or other rustic material and potted plants. The patio would allow individuals and tour groups more room and a safer area to gather near the Adobe's entrance. A decomposed granite pathway would be installed along the street in front of the Adobe down to the entrance to the Park for continuity of access. The outdoor interpretive features and garden will be open to the public year-round and will serve all County residents. The Museum will continue to be open on the weekends, for special events and during the week by appointment to visiting tour groups and individuals. this project will provide the opportunity for the Adobe to not only continue to serve as a museum, but also to expand outside its walls in enhanced Native plantings, re-constructed features, programs and classes which emphasize that connection. The project will demonstrate to visitors the history of the importance of the natural environment to the indigenous Native American community and how principles banded down from generation to generation are valid for today's environmental stewardship. 45 Project Selection Criteria goo d F .!Y s . 46 Section 15, Project Selection Criteria Proposition 84, Nature Education Facilities (NEF) Blas Aguilar Adobe 1. NEED FOR NATURE EDUCATION (25 PTS): a.1, The Blas Aguilar Adobe project will exhibit and interpret collections and re- created historic features, and further develop programs that educate the public about the local Native American population, its history and the relationship of Native American cultures to the environment. The project includes an interpretive landscape of flora that reflects the native, ethnobotanical influence of the area's indigenous people and the former adjacent orchard of the Mission's founding period. The project also features a historic resource, including the repair and seismic stabilization of a vernacular historic adobe structure. Species in the garden would include agave, aloe, artemesia, sage, cactus, and various native grasses, etc., used for numerous traditional purposes. The spatial relationships between the Adobe, well feature, cooking horno and artifacts such as grinding stones, conversation stone, manos and metates, will show how humans worked with their environment and transitioned from pre-historic hunter-gatherers to historic agriculturists to support the daily industry of their lives. a.2. Improving public understanding of these resources is important for several reasons and can be easily accomplished by the Blas Aguilar Adobe project. The public has a limited understanding of the natural and historic resources from the area's pre-historic and Mission founding period as the context relates to life outside of the Mission complex. The adobe houses the existing Blas Aguilar Adobe Museum and Juaneno Acjachemen Cultural Center (Museum), which is operated under Section 15, Project Selection Criteria City of San Juan Capistrano Proposition 84,Mature Education Facilities Bias Aguilar Adobe (1 of 20) 47 license by the non-profit Blas Aguilar Adobe Foundation, and has garnered several Donors and awards for its programs. The Foundation's mission is to preserve, advance and promote - for the benefit of the public - historic resources in South Orange County; to advance and promote museum, archival and cultural center development of periods related to those historic resources; to promote, conduct and coordinate research and preservation projects resulting in the preservation and collection of artifacts and historic reconstruction of related landmarks in the area; and to provide educational opportunities for students and the public community interested in these historic periods. The Museum is located adjacent to, and is visually a part of, the Historic Town Center Archaeological Park in the middle of San Juan Capistrano's downtown but within easy walking distance to two elementary schools and residential neighborhoods which have more than 2,000 working-class families, many of them with income levels that qualify them for public assistance. The project would be available to all ages and income ranges, especially those represented by the critically underserved community surrounding the project area. As such, the Museum serves a unique opportunity to increase the public's understanding of the historic significance of the area that is much broader than simply the Mission San Juan Capistrano. The connection between Native peoples and the environment — the land, water and air that sustains all things — is currently within the confines of an historic Adobe. While historically significant, this project will provide the opportunity for the Adobe to not only continue to serve as a museum, but also to expand outside its walls in enhanced Native plantings, re-constructed features, programs and classes which Section 15,Project Selection Criteria City of San Juan Capistrano Proposition 84,Nature Education Facilities Blas Aguilar Adobe (2 of 20) 48 emphasize that connection. The project will demonstrate to visitors the history of the importance of the natural environment to the indigenous Native American community and how principles handed down from generation to generation are valid for today's environmental stewardship. a.3. The Blas Aguilar Foundation is the only museum in San Juan Capistrano and the South Orange County region that is focused on the history and ways of life of this area's local indigenous people, the Acjachemen Nation, Other Native American resource centers are primarily related to different tribal groups and/or are located at a distance from this area of the county, such as the Bowers Museum in Santa Ana, or are completely outside Orange County, such as Riverside, Los Angeles and San Diego counties. San Juan Capistrano has the distinct honor of the only Mission in Orange County, providing a unique opportunity for our region to understand the Spanish and Mexican periods of our history and how people lived off the land. However, the enhancement of the Museum to expand programs related to the area's pre-history and the indigenous peoples' connection to the Pre-Contact environment before the Mission was established will fill a much needed opportunity for South Orange County communities. a. 4. Humans are not sustainable in and of themselves; we need natural resources. In addition, humans need to respect those resources in order to live and to ensure that the earth continues to replenish and sustain itself, its resources and its creatures. Modern generations are realizing the finite quality of certain resources, the consequences of over--using resources and the need to live in a sustainable Section 15, Project Selection Criteria City of San Juan Capistrano Proposition 84, Nature Education Facilities Blas Aguilar Adobe (3 of 20) 49 manner, and we can learn from our ancient forbearers who understood these precepts and lived accordingly. The term "ethnobotany" was not coined until 1895, but the understanding of the complex relationships between cultures and uses of plants is something that Native peoples have passed down from one generation to the next over the centuries through oral traditions. The Museum curates natural inorganic artifacts and eco-artifacts, as well as the products of organic plant materials, including manos, metates, points, shells and beads, baskets and textiles, animal skins and teeth, etc. Having a Native American interpretive plant garden, along with re-created historic well and horno features, will enable the Museum to enhance the components of their program to better promote and educate the public about the relationship of humans to the environment. b.1. The Blas Aguilar Adobe was originally built in 1794 by Native Americans as one of several such homes to house Native American Mission neophytes and soldiers attached to the Mission. The building was purchased as a residence in 1841 by Don Blas Aguilar, who was the last alcalde of San Juan Capistrano in 1847. His home complex was known as La Hacienda Aguilar and the north wing (the Blas Aguilar Adobe) was Casa de Esperanza, or House of Hope. Pending project detailed design, the City hopes to include at least a stone foundation outline of the actual location of the former Casa Tejada, which was the other home in the La Hacienda complex across a courtyard to the south. The Adobe was listed in the National Register of Historic Places in 1990. The site is owned by the City of San Juan Capistrano, and licensed to the Blas Aguilar Adobe Foundation as a museum and curation facility. The project demonstrates the importance of being good stewards of Section 15, Project Selection Criteria City of San Juan Capistrano Proposition 84, Mature Education Facilities Blas Aguilar Adobe (4 of 20) 50 historic buildings as environmental resources by repairing the Adobe's roof and restoring a portion of the south wall. The educational programs and exhibits provided by the Blas Aguilar Adobe Foundation, both on-site and at local and regional events and in school classrooms, emphasize the importance of Native American heritage and the environmentally sound practices that are a part of that heritage. b.2. There has been much study about how modern masonry buildings act during earthquakes and the best measures to retrofit them to ensure their continued viability. However, until recently, not much was specifically known about how historic, unreinforced adobe buildings act during a seismic event. California's historic adobe buildings, including Missions and secular buildings, have been particularly hard hit by devastating earthquakes. In 1990 the Getty Conservation Institute began a research project on seismic retrofit methods for historic adobes to find less invasive alternatives than those in practice at the time. The Northridge earthquake six years later unfortunately provided a significant amount of new information that helped formulate the final recommendations of the Getty's study. The findings of this study are incorporated into the project's design for the seismic stability of the building. There are so few historic adobes built by the first peoples that still remain in California that preserving them is critical to the historic and cultural education and understanding of adults and children alike from all backgrounds. b.3. The photographic documentation on the seismic repair of the historic adobe will educate the public about the unique attributes of earthen buildings, the steps necessary to maintain them and the importance of using compatible materials to Section 15,Project Selection Criteria City of San Juan Capistrano Proposition 84,Nature Education Facilities Blas Aguilar Adobe (5 of 20) 51 3 ensure continued preservation. The additional educational benefit from locating the historic well and re-creating the above-ground structure is two-fold in that the well feature will educate people about sources of water and the evolution in delivery of water as a resource, as well as the archaeological information that will result from the ground sensing radar technique and limited excavation of the well and artifacts encountered. The re-creation of the cooking "horno" or oven will provide a historic precedent for modern-day pizza ovens which are often the only experience people have with this type of cooking facility. These features, as well as exhibited metate or grinding stone artifacts combined with the demonstration native/early California plant garden and orchard, will demonstrate history in a tangible way and provide opportunities for enhanced educational programming and living history demonstrations. c.1. The Blas Aguilar Adobe Foundation submits quarterly reports to the City, outlining the programs and events conducted and the number of visitors served either on-site or through off-site outreach programs. This mechanism will provide the opportunity to evaluate the effectiveness of the facility on an on-going basis. The Blas Aguilar Adobe Foundation will also utilize surveys to evaluate the effectiveness of programming and events. 2. EDUCATIONAL OPPORTUNITIES 25 PTS): a.1: Adobe buildings exemplify the earthen architecture of our Spanish colonial and Mexican rancho past in the Americas. Historic adobes are a vanishing feature - in California, there are only about 350 historic adobes remaining statewide (for order of Section 15, Project Selection criteria city of San Juan Capistrano Proposition 84, Nature Education Facilities Blas Aguilar Adobe is of 20> 52 magnitude, consider that there are estimated to have been 900 adobes originally constructed in the San Francisco Bay area alone, let alone the rest of the state). There are only a handful of National Register-significant historic single adobes remaining in San Juan Capistrano, one of which is the Bias Aguilar Adobe. Added to the general significance of the historic earthen architecture of the Adobe is the fact that it was originally built by the hands of the Native Americans who lived on the land before the Mission was even established. Compared to the other adobes in town, the Bias Aguilar Adobe is unique in that it evokes a whole evolution of history from its earliest period through to the present. Lime-plastered adobe mud bricks from the earliest vernacular methods are clearly apparent, the clay roof tile material that would have replaced original tole reeds in the mid-1850s is present today; and changes that were made in the early 1900s to make the Adobe a habitable residence are still present inside the museum, yet "windows" through the gypsum board to the adobe bricks beyond are left open for visitors to see and understand the methods of construction. a.2. The Blas Aguilar Adobe museum with its enhanced exterior features will present a historic adobe in the context of other historic adobes, but will also knit together this aspect of the built environment with the historic and pre-historic cultural richness of the local indigenous peoples. The historic context around the Adobe, which has been affected by the intrusion of the modern-day context, will be restored to include a re-creation of the well and horno features along with a native plant garden. Both the interior exhibits and displays about the history of the Acjachemen Nation and the added exterior features will educate visitors of all ages and backgrounds about the Section 15, Project Selection Criteria City of San Juan Capistrano Proposition 84, Nature Education Facilities Blas Aguilar Adobe (7 of 20) 53 depth and breadth of the local Native American history, which extends back to about 10,000 BP and ranged across much of the land within today's Orange County. a.3. Visitor's senses will be engaged through viewing various exhibits and listening to the history associated with the Blas Aguilar Adobe and Acjachemen Nation. Interior displays include photographic exhibits, maps, archaeological artifacts from the project site, and an interpreted 1800s bedroom. Hands-on, tactile experiences will be featured in the native plant garden and at the interior and exterior exhibits, including touching flora, fauna, stone and shell artifacts, playing with Native American toys, tools and musical instruments; and learning to grind acorns with traditional manos and mutates as well as making and braiding rope and baskets with native plant materials. The project will broaden and enhance the Blas Aguilar Adobe Museum's hands-on learning experiences to include both the interior and the exterior grounds for regular visitors, group tours and special events throughout the year. The learning experiences also emphasize the connectivity between humans and their environment, utilizing the cultural history of the local indigenous people to encourage use of natural materials, recycling of those resources and utilizing resources efficiently so as not to waste them. Partnerships between the City Cultural Heritage Commission, Parks Department, Historical Society, Walking Tour docents, Mission and others will continue and be expanded to bring these experiences to all sectors of the public. a,4. See response to a.3 above. Section 15, Project Selection Criteria City of San Juan Capistrano Proposftion 84, Nature Education Facilities Blas Aguilar Adobe (8 of 20) 54 a.5. Artifacts on display in the Museum will provide interpretations based on their historic and prehistoric period. Many of these artifacts resulted from archaeological monitoring and excavation during modern development. Archaeology provides us with information about cultures in our past, and enables us to extract that information and either preserve artifacts for display or preserve and protect artifacts in place after the information has been gathered. The knowledge gained from the study of our historic and pre-historic past helps continue the Native American traditions of teaching, passing down knowledge by the elders from generation to generation. a.6. As an example that illustrates connections between challenges and solutions for these resources, the traditional teachings by descendants of Native peoples focus on the Duman connection with the use of flora, fauna and natural materials within the context of the surrounding ecosystem. Teachings include the various species of plants and how they are managed and perceived by Duman populations as food, for medicines, as clothing and household goods, for barter and currency, in rituals and celebrations, etc. According to Moerman's Native American Ethnobotany, there are over 31,000 species of plants in North America, and Native Americans historically used about 4,000 of these plants. California-native and California-friendly plants, in contrast to ornamental landscape, also require less water and so tread more lightly on our environment. Adobe buildings exemplify the use of soil, branches and reeds, and other natural elements for shelter. Section 95,Project Selection Criteria City of San Juan Capistrano Proposition 84,Nature Education Facilities Blas Aguilar Adobe (9 of 20) 55 a.7. The proposed Blas Aguilar Adobe project will provide a multi-layered understanding of past, present, and future challenges to the Native American ways of life, adobe historic resources and native and indigenous materials and plants. The native plant garden, interpretive exhibits and re-created features will demonstrate the extremely low environmental impact of the Acjachemen native peoples on local resources. The windows through the gypsum board and chicken wire lath to view the original adobe mud bricks, wood headers and areas of concrete block that were used to fill gaps and the documentation of the adobe's repair will help demonstrate the importance of using compatible mud plaster with adobe bricks and the deterioration that can occur when water infiltrates adobe bricks behind or next to harder stucco or concrete material. The California native plant garden and orchard also provide the opportunity to demonstrate how functional landscape can be re- established so as to reduce future environmental impacts through reduced water use and sustainable food sources. a.8. Interpretive displays along with lectures, tours and presentations provide a variety of opportunities to present practical solutions to targeted visitors for the protection of natural, historic and Native American resources. These solutions can be easily incorporated in interpretive displays, brochures and hands-on demonstrations related to environmental topics including native plants being used for food, clothing and household goods, water conservation, energy conservation, historic adobe preservation, and cultural resource protection. Section 15,Project Selection Criteria City of San Juan Capistrano Proposition 84, Nature Education Facilities Blas Aguilar Adobe (10 of 20) 56 b. The design team for this project was comprised of a professional historic preservation architect and a structural engineer; landscape designer; city planner and historic preservation planner; and Native American representatives, all with significant prior historic preservation, landscape design and/or interpretive program experience. Representative projects designed by members of the team include the Los Rios Park Phase I which included a historic depiction wall, Montanez Adobe restoration and interpretation, Montanez Adobe native plant gardens, and Blas Aguilar Museum interpretive programs, etc. The design team developed the design concept for this project through a series of meetings with key stakeholders and Commission input to garner approval for the concept from the public, residents and interested parties. The planners and preservation architect conducted the conceptual design process for the adobe seismic restoration and repair with the overall goal of including a nature education and historic interpretive program. 3. VISITOR OUTREACH TO TARGETED GROUPS 15 oints a.1. The repaired Blas Aguilar Adobe and expanded interpretive program will serve senior citizens, surrounding economically disadvantaged residential neighborhoods, the local Native American population and public/private school children within the community and regionally as well as history buffs and native plant gardeners and organizations. These targeted visitors currently do not have free and easy access to an interpreted native plant garden in the downtown area. The City has a larger than expected senior population with 13.1% of residents, or 4,564 persons being 65 years of age or older. Of the City's 34,839 residents, roughly one- third (33.1%) are of Hispanic or Latino origin and account for 11,532 City residents. Section 15,Project Selection Criteria City of San Juan Capistrano Proposition 84,Nature Education Facilities Blas Aguilar Adobe (11 of 20) 57 The City serves as home to thirteen public and private schools which have an on- going need for, and would benefit from, and enhanced nature education provided by the Blas Aguilar Adobe. a.2. The Blas Aguilar Adobe project will serve a diverse population, in terms of age ranges, cultural groups and socio-economic backgrounds. In addition to K-12, and especially 4tn grade school groups, the facility serves seniors, teachers, historic preservationists and history buffs, and diverse cultural groups interested in learning about the local area history, adobe architectural history and pre-history of the Acjachemen Nation. The addition of the exterior interpreted features will enhance the overall programming of the facility and attract more of the individuals in these target groups. The intentional native plant garden will enhance the experience for these populations but will also attract new populations that have interests in native plant gardens, ethnobotany and the inter-relationship between flora, ecosystems and humans. The Museum currently averages over 500 visitors a month, and volunteers, including multi-lingual and culturally diverse individuals, log close to 200 hours a month with additional hours provided by visiting tour group leaders. b. The City `s strategy in providing effective outreach will involve partnering with the !Foundation to provide expanded museum and outdoor education tours, living history and hands-on/interpretive demonstrations, lectures and activities. Many of the activities will be coordinated with events at the adjacent Historic Town Center Park as the Adobe transitions from a stand-along facility to become a key and active component of the Park through this project. The City and Foundation will also rely on Section 15,Project Selection Criteria Cfty of San Juan Capistrano Proposition 84, Nature Education Facilities Blas Aguilar Adobe (12 of 20) 58 city parks program and associated publications and brochures to provide community outreach and inform potential targeted visitors of upcoming programs. City notifications are provided in both English and Spanish. The City's website will also provide press release postings on the homepage of upcoming lectures and presentations and subscribers to the City's E-blast (electronic press releases) will be informed by e-mail. c. The City has extensive experience and has been effective in its previous efforts at attracting user groups to the City's parks and historic resources. The City's outreach efforts have resulted in the development of an active senior citizen support program through the community center with outreach provided via local newspapers, mailers and noticing directed to the City's numerous mobilehome parks many of which are age-restricted to persons 55 years of age or older. The City's Walking Tour Docent Guides program attracts school, senior citizen, scout troop, historical society and other groups to the City on a weekly basis. The City owns and retains South Coast Farms which includes the "Ecology Center" that operates under license agreement granted by the City and provides organic farming, sustainable agriculture and environmental education outreach and bands-on programs. The Blas Aguilar Foundation is already effectively reaching out to targeted visitors and is extensively involved on a monthly basis with programs on- and off-site, including California Missions Studies Association, Acjachemen Tribal Meetings, fellow tribal Indian Days celebrations and pow-wows; taking the hands-on educational program to other school districts; participating in local summer concert, parade and annual tree lighting events, walking tours, historic preservation week Section 15,Project Selection Criteria City of San Juan Capistrano Proposition 84,Mature Education Facilities Bias Aguilar Adobe (13 of 20) 59 tours; and hosting tour groups from Orange, San Diego, Riverside and Los Angeles counties. The strategy has resulted in an eight-fold increase in the average visitors to the Adobe in the past two years. Additional volunteers and volunteer hours will be provided as needed to accommodate increased visitor demand for the project. 4. PROJECT ACCESS (10 points): a. The exterior interpretive grounds and native plant garden will be open daily from sunrise to sunset. Based on these operational hours, the grounds would be available to the general public and targeted visitors about 4,380 hours annually, which averages to 84 hours per week. The Blas Aguilar Adobe Museum will continue to be open to the general public ten hours on the weekends, as well as during the week for the many scheduled tour groups and by appointment. The estimated weekly average is 20 hours, which peaks seasonally during summer, spring and winter holiday periods. The City will actively engage in any Foundation planning to increase the museum's open hours through its license agreement. b. Because the exterior hours of operation would be extensive, and the Foundation accommodates all special event and requested tour group appointments, the project is capable of accommodating any and all targeted visitor groups. The Museum provides a handicap accessible entrance at the north entry door and the addition of the gathering plaza and decomposed granite sidewalk in front of the Adobe will make access that much more efficient. c. The City envisions that nature and Native American education programs conducted at the Blas Aguilar Adobe project will be provided through the effective Section 15,Project Selection Criteria City of San Juan Capistrano Proposition 84, Nature Education Facilities Blas Aguilar Adobe (14 of 20) 60 outreach program of the Foundation, supplemented with program information and offerings on the City's website and through links on the City's website to those of non-profit groups who conduct tours, lectures, and presentations at the Adobe and adjacent Historic Town Center Park. The City also envisions that local and regional schools, colleges, garden organizations and Native American groups will rely on the project as an educational resource that provides alternate access to nature education. d. The Blas Aguilar Adobe project is easily accessible by various modes of transportation. The Adobe is situated in the historic downtown located a quarter of a mile from Interstate-5. It is also within easy walking distance of the Santa Fe Railroad Depot located about 700 feet to the west and served by Amtrak and Metrolink rail service. The Orange County Transportation Authority operates bus route 91 which stops less than a quarter of a mile south of the Adobe. Finally, the project site is accessible by the existing sidewalk and pedestrian pathway network in the downtown, as enhanced with the proposed addition of a decomposed granite sidewalk to fill a missing link in the network directly in front of the project. Public parking is already available in four public lots surrounding the project site and overflow on-street parking is available along El Camino Real. 5. SUSTAINABLE DESIGN (10 points): a.1. The process used to consider all possible sustainable design features or techniques involved reviewing all techniques identified by the "Green Building Resource Guide" which is part of the City's adopted green building program officially Section 15, Project Selection Criteria City of San Juan Capistrano Proposition 84, Nature Education Facilities Blas Aguilar Adobe (15 of 20) 61 adopted by the City Council in December 2007. In addition, staff relied on the California Office of Historic Preservation's "Review of Green Preservation Projects: An Approach" and the Secretary of the Interior's Standards for the Treatment of Historic Properties to guide the design because the site is listed in the National Register. Those sustainable techniques which were deemed appropriate to the conceptual design of the planned project and those for which the planned project provided an opportunity to showcase, were included in the design. a.2. The sustainable techniques that were considered for the project reflected the outdoor nature of the project design coupled with the preservation and repair of the historic adobe building. Because the Adobe is listed in the National Register, and the site is within and adjacent to a community park within a historic downtown, the introduction of recycled plastic products was rejected in favor of natural materials and preserving, repairing and salvaging existing materials. To the extent possible, the goal was to incorporate energy and water efficiency into the project. a.3. The project does not involve the construction of any new permanent habitable structures but it does involve continued re-use of an existing historic building. The requirement to maintain the integrity of the historic structure and its character- defining features, materials, context and setting could be considered an obstacle in that the project needs to be sensitive to those features and materials. However, studies show that re-using historic buildings and existing materials results in less energy usage because projects don't lose embodied energy through demolition of an existing building. Although some new energy usage will occur through the Section 15,Project Selection Criteria City of San Juan Capistrano Proposition 84, Nature Fducation Facilities Blas Aguilar Adobe (16 of 20) 62 construction on the repair and outdoor features, the project will not result in significant new energy usage in the harvesting, manufacture, transportation and labor that would otherwise occur in the all-new construction of a similar facility. a.4. The sustainable techniques that were selected for the project include the use of pervious walkway materials (i.e. decomposed granite); use of natural or recycled building materials (recycled/salvaged wood where feasible, adobe mud bricks and mud piaster, repairing rather than replacing existing wood windows, doors and trim, re-using salvaged clay roof tiles); use of LED or similar efficient security lighting; and replacement of outdated plumbing with low-flow fixtures. The historic Adobe that was originally built as a house has already been adaptively re-used ("recycled" in total) as a museum; the project continues the sustainable practice of repairing and re- using the historic building for expanded programs. This reduces the carbon footprint by maintaining the Adobe's existing embodied energy and avoiding energy consumption associated with all-new construction, b. The Museum and outdoor features will include interpretive displays that provide education and explanation as to the sustainable techniques incorporated into the project design, why such techniques were selected for use, and the benefits of the selected sustainable techniques. 6. PROJECT READINESS (S points); a. Assuming grant funding would be awarded in December 2010, the City envisions the following project schedule (maintaining Museum's open hours throughout): Section 15,Project Selection Criteria City of San Juan Capistrano Proposition 84, Nature Education Facilities Bias Aguilar Adobe (17 of 20) 63 Completion of preliminary design plans: March 2011 Preparation of CEQA documentation: March-April 2011 Commission review of preliminary design plans: May 2011 City Council approval of preliminary design plans: June 2011 Preparation of construction plans/specifications: July-Sept 2011 City Council approval of construction plans: Oct 2011 Bid Process and City Council award of contract: Jan 2012 Begin construction: March 2012 Complete construction: October 2012 Project opens to the public: November 2012 b. The City has extensive prior experience administering grant-funded projects especially for capital road improvement projects and for water system projects (reservoirs and distribution lines). The City employs four associate or senior civil engineers and a Historic Preservation Manager (equivalent to Senior Planner/Senior Project Manager) with extensive experience managing capital projects, one of whom will provide lead management for this project. Historically, the City has not relied on grants for park and historic preservation improvement projects but has used voter- approved bond funds or capital improvement funds to construct improvements. Several similar projects are notable: the construction of the City's community center and sports park, completed in 1990-1997; the development of Los Rios Community Park, Phase 1 completed in 2009; the adaptive public re-use of the previously restored Congdon House, completed in 2009; and the seismic rehabilitation of the Montanez Adobe and gardens, completed in 2010. Section 15, Project Selection Criteria City of San Juan Capistrano Proposition 84,Nature Education Facilities Blas Aguilar Adobe (18 of 20) 64 The projects were all completed within the approved project budgets including budgeted contingencies, which ranged from $250,000 for the Montanez Adobe project to approximately $4 million for the Los Rias Community Park Phase 1 project. Virtually all of these projects were completed within the approved construction schedule with only the Los Rios Community Park Phase 1 completed slightly over schedule by three months due to approved rain day delays in late Winter 2008 (scheduled for completion in March but completed in ,lune 2009). More importantly, the City is presently working on a reorganization which includes the addition of an "Open Space Manager" position which will have exclusive project- management responsibility for assuring that capital park projects are completed on- time and within the City Council-approved budget. 7. OPERATIONAL. SUSTAINABILITY (7 points). The City has extensive experience operating parks and historic preservation programs throughout the City. A Nature Education Facility represents a new and different program from those previously managed by the City. However, the City's record of success in park and historic preservation program management is extensive. The City has retained sufficient staff to manage these programs, has extensive partnerships with local non-profit historic preservation and Native American organizations, and a strong record of agreements with stable licensees to operate facilities. Fiscally, the City is much better positioned than other cities and maintains an operating reserve that far exceeds the upper recommended limit of 15% established by the Government Finance Officers Association (GFOA). Section 15, Project Selection Criteria City of San Juan Capistrano Proposition 84, Nature Education Facilities Blas Aguilar Adobe (19 of 20) 65 The City's Community Services Department consists of a staff of eight (8) full-time employees and fourteen (14) part-time staff who implement the City's extensive parks programs through a $2.8 million Department operating budget. Operation of the project would be funded through the City's annual operating budget augmented by the financial and operational commitment of the Blas Aguilar Adobe Foundation. Operation of the project would be overseen by the Foundation and supplemented by City staff members. Historic Preservation Manager, Community Services Manager, and Public Works Supervisor and crew. These combined staff will devote at least 240 hours annually to the operation of the project to augment the extensive volunteer hours contributed by the Foundation. Section 15, Project Selection Criteria City of San Juan Capistrano Proposition 84, Nature Education Facilities Blas Aguilar Adobe (20 of 20) 66 1 RECORDING REQUESTED BY: California Department of Parks and Recreation 2 Office of Grants and Local Services 3 WHEN RECORDED MAIL TO: Office of Grants and Local Services 4 PO Box 942896 Sacramento,CA 94296-0001 5 Attn: Melinda Steinert 6 8 DEED RESTRICTION 9 10 1. WHEREAS, City of San Juan Capistrano,(hereinafter referred to as"Owner(s)" is/are 11 recorded owner(s)of the real property described in Exhibit A, attached and incorporated herein by 12 reference(hereinafter referred to as the"Property„); and 13 11. WHEREAS,the California Department of Parks and Recreation(hereinafter referred to 14 ' as"DPR") is a public agency created and existing under the authority of section 5001 of the California 15 Public Resources Code(hereinafter referred to as the"PRC"); and 16 111. � WHEREAS,Owner(s)(or Applicants)applied to DPR for grant funds available pursuant 17 to the 2006 Parks Bond Act, Nature Education Facilities Program for a development project at the Blas 18 Aguilar Adobe in the City of San Juan Capistrano to construct an interpretive well, horno oven, ethno- 19 20 botanical native plant garden/orchard, and repair to an historic adobe wall,roof, window, and trim on the 21 Property;and 22 IV. WHEREAS,on April 12,2011, DPR's Office of Grants and Local Services 23 conditionally approved Grant N -30-004 , (hereinafter referred to as"Grant")for a development project 24 at the Bias Aguilar Adobe in the City of San Juan Capistrano to construct an interpretive well,homo 25 oven, ethno-botanical native plant garden/orchard,and repair an historic adobe wall,roof,window, and 26 trim on the Property,subject to, among other conditions,recordation of this Deed Restriction on the 27 Property; and 1 ATTACHMENT 3 V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the 1 z Grant would not be consistent with the public purposes of the 2006 Parks Bond Act, Nature Education 3 Facilities and the funds that are the subject of the Grant could therefore not have been granted;and 4 VI. WHEREAS, Owner(s)has/ve elected to comply with the Deed Restriction of the Grant, 5 so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant; 6 NOW,THEREFORE, in consideration of the issuance of the Grant funds by DPR,the 7 undersigned Owner(s)for himself/herself/themselves and for his/her/their heirs,assigns,and successors- 8 in-interest, hereby irrevocably covenant(s)with DPR that the condition of the grant(set forth at 9 paragraph(s) I through 5 and in Exhibit B hereto)shall at all times on and after the date on which this 16 Deed Restriction is recorded constitute for all purposes covenants,conditions and restrictions on the use 1I and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective 12 components thereof. 13 1. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall 14 bind Owner(s)and all his/her/their assigns or successors-in-interest for the period running from July 1, 15 16 2009 through June 30,2029. 17 2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable 18 and shall constitute an enforceable restriction within the meaning of a)Article XIII, section 8, of the 19 California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor 20 statue. Furthennore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to 21 the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code,or 22 successor statue,which survives a sale of tax-deeded property. 23 3. RIGHT OF ENTRY. DPR.or its agent or employees may enter onto the Property at times 24 reasonably acceptable to Owner(s)to ascertain whether the use restrictions set forth above are being 25 observed. 26 4. REMEDIES. Any act,conveyance,contract, or authorization by Owner(s) whether 27 written or oral which uses or would cause to be used or would permit use of the Property contrary to the 2 terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and 1 2 all available legal and//or equitable remedies to enforce the terms and conditions of this Deed Restriction. 3 In the event of a breach,any forbearance on the part of DPR to enforce the terms and provisions hereof 4 shall not be deemed a waiver of enforcement rights regarding any subsequent breach. 5 5. SEVERABILITY. If any provision of these restrictions is held to be invalid,or for any 6 reason becomes unenforceable, no other provision shall be affected or impaired. 7 Approved: September 4'h,2012 9 CITY OF SAN JUAN CAPISTRANO 10 [1 By 12 I.,arry Kramer, Mayor 13 AT'T'EST: 14 15 Maria Morris, City Clerk 16 17 APPROVED AS TO FORM: 18 —('k� 19 Omar Sando al, City Attorney 20 21 **NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE** 22 23 24 25 26 27 3 1 State of California 2 County of Orange 3 On before me, a Notary Public, 4 personally appeared Larry Kramer, Mayor, who proved to me on the basis of satisfactory evidence to be 5 the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that b he/she/they executed the same in his/her/their authorized capacity(ics),and that by his/her/their 7 signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, 8 executed the instrument. 9 10 I certify under PENAL'T'Y OF PERJURY under the laws of the State of California that the 11 foregoing paragraph is true and correct. 12 WITNESS my hand and official seal. 1.3 14 Signature (Seal) 15 15 17 18 19 20 21 22 23 24 25 26 27 l 1 4 EXHIBIT A EXHIBIT "A" TO ESCROW INSTRUCTIONS LEGAL DESCRIPTION CHURCH (BLAS AGUILAR) (124-160-08) Lot 19 of Tract, No. 103, as shown on a map recorded in Book 11, Pages 29 to 33 inclusive of Miscellaneous Maps, Records of orange county, California. Excepting therefrom the following, Beginning at a point on the south line of Lot 19 of Tract No. 103, as shown on a map recorded in Book 11, Page 29 to 33 inclusive of Miscellaneous Maps, Records of orange County, California, 91.98 feet east of the southwest corner of said Lot; running thence easterly 91.97 feet to a point; thence northeasterly 60 feet to a point; thence westerly 98.64 feet to a point; thence southerly 61.05 feet to the point of beginning, being the east half of the south half of said Lot 19. Also excepting therefrom the following. Beginning at the southwest corner of Lot 19 of Tract No. 103, as shown on a map recorded in Book 11, Pages 29 to 33 inclusive of Miscellaneous Maps, Records of orange County, California; thence north 5 deg. 53` 30" east 63 feet to a point; thence easterly 98.64 feet to a point; thence southerly 61.05 feet to the south line of said Lot 19; thence westerly along said south line 91.89 feet to the point of beginning being the west half of the south half of said Lot 19. CHURCH (Blas Aguilar) (124-160-09) That portion of Lot 19 of Tract No. 103, as shown on a map recorded in Book 11, Pages 29 to 33 inclusive to Miscellaneous Maps, Records of Orange County, California, described as follows: Beginning at a point on the south line of said Lot 19, said point being 91.98 feet east of the southwest corner of said Lot 19; thence easterly 91.97 feet; thence northeasterly 60.00 feet; thence westerly 98.64 feet; thence southerly 61.05 feet to the point of beginning, being the east half of the south half of said Lot 19. CHURCH (Blas Aguilar) (124-160-10) That portion of Lot 19 of Tract No. 103, as shown on a map recorded in Book 11, Pages 29 to 33 inclusive of Miscellaneous Maps, records of orange County, California, described as follows: Beginning at the southwest corner of said Lot 19; thence north S deg. 53' 30" east 63,00 feet; thence easterly 98.64 feet; thence southerly 61.05 feet to the south line of said Lot 19; thence westerly along said south line 91.89 feet to the point of beginning, being the west half of the south half of said Lot 19, CHURCH (Blas Aguilar) (124-16D-11) Lot 18 of Tract.No. 103, of s l on a map recorded in Book 11, Pages 29 to 33 inclusive of scellaneous'Mapsl ;' ecords of Orange Count } 9 y, California. } 3�$v1tl2Z94f IC! Page 5 EXHIBIT A CHURCH (Blas Aguilar) (124-160-27) Lot 3 in Block 10 of San Juan Capistrano, as shown on a map recorded in Book 3, Page 120 and following, of Miscellaneous Records of Los Angeles County, California, and the west one-half of Garcia Street, adjoining said Lot on the east, abandoned by order of the Board of Supervisors of Orange County, California. Excepting therefrom that portion lying northerly of the southerly line of the northerly 75.00 feet of the southerly 94.00 feet of said Lot 3. \t i i i 5.3.-.i2_47 Page 6 EXFHISIT "A" To ESCROW INSTRUCTIONS LEGAL DESCRIPTION CHURCH (El Peon) (124-160-23) Lot 24 of Tract.Mo. 103, as shown on a map recorded in Book 11, Pages 29 to 33 inclusive of Miscellaneous haps, records of Orange County, California. r " :7 jU 'f��7ki'�2�5r10 Page 7 Council Action"JMoved by Council Member �4evato, seconded cil Member Freese, and carried unanimously to adopt Reso n No. 12-0 - 5 entitled "A RESOLUTION OF THE CITY COU NC THE CITY OF SANN CAPISTRANO. CALIFORNIA, I tNG A CODE AMENDMENT END TITLE 9, LANDU , OF THE SAN JUAN CAPISTRANO MUNI CODE REG G AUTO DEALER SIGN STANDARDS." 11. CONSTRUCTION CONT FOR T TY HALL "ONE STOP SHOP" PROJECT AWARD INSLEY CONSTRU ' INC., IN THE AMOUNT OF $60,582 THE COST OF PER RM AND LABOR AND MATERI ONDS); AND CITY MANAGER AUTHORI 0 APPROVE C S IN A TOTAL AMOUNT NOT TO EXCEED 10% OF TH TRACT OUNT (CITY COUNCIL URGENT STRATEGIC PRIORITY NO. 5) (6 . 12. MITIGATED NEGATIVE DECLARATION FOR THE BLAS AGUILAR ADOBE NATURE EDUCATION FACILITIES GRANT PROJECT, APPROVED (910.50) Council Action: Moved by Council Member Freese, seconded by Mayor pro tem Taylor, and carried unanimously to approve the Mitigated Negative Declaration for the Blas Aguilar Adobe Nature Education Facilities Grant Project; and staff directed to include proper identification signage along the EI Camino Real frontage. AWARD OF BID FOR THE PURCHASE OF AN IRRIGATION SYS OOSTER PUMP FOR THE 2C RANCH TRABUCO CREEK TAT TORATION PROJECT TO GREEN PRODUCT SALES REP NTING BAR ENGINEERED PUMPS FOR $23,018.63 TO BE F FUNDED WITH G T FUNDS, APPROVED (370.30) 14. CONSIDERATI OF A FIRST AMENDMENT T HE SITE ACCESS LICENSE FOR TH N JUAN CAPISTRANO O N SPACE FOUNDATION TO DESIGN AND C TRUCT A PASSIV ARK AT THE EAST OPEN SPACE, PARCEL NO. EMON G E (CITY COUNCIL URGENT STRATEGIC PRIORITY NO. (60 ) — ITEM REMOVED FROM THE AGENDA BY STAFF PUBLIC HEARINGS: None ADMINISTRATIVE ITEMS: F1 FINANCIAL SE CES a. FISCAL R 2011/12 THIRD QUARTER FINANCIAL REP RECEIVED AND D; AND PROPOSED ADJUSTMENTS TO THE CITY'S RATING A CAPITAL PROJECT FUNDS APPROVED AS PRE TED ITY COUNCIL URGENT STRATEGIC PRIORITY NO. 6) (330.20) 4 5/16/2012 ATTACHMENT 4 > y lr- k - ! 4 ' lot YP X1'1 �� 1 z k 176, 1w Min _rIV p e :JUV'V•�l ",..-_-, I � .._ `` i _ `'__, 1-Y/ Y3fl ',;IFS `1; .L.� i / Ft . r4 f� • I � J ( �. 04/25/2012 CONCEPTUAL DESIGN A BLAS AGUTLAR ADOBE E RJMOU MG © 4' 8' 16• CITY OF SAN JUAN CAPISTRANO, CALIFORNIA m z 0 r- 0 C Pu m