03-0121_CAMPBELL, GARY_License Agreement �4
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32400 PASEO ADELANTOL�y� IIlIVB
IIII
SAN JUAN CAPISTRANO, CA 92675 1{IllptlFl �9E( MEMBERS OF THE CITY COUNCIL
(949) 493-1171 1776 DIANE L.BATHGATE
(949) 493-1053 (FAX) JOHN S.GELFF
it,it,Ivsanj n ancapistrano.org MATT HART
• • JOE SOTO
DAVID M.SWERDLIN
CITY MANAGER
GEORGESCARBOROUGH
TRANSMITTAL
TO: Mechelle Lawrence, Economic Development Manager
FROM: Meg Monahan, City Clerk
RE: January 23, 2003
RE: License Agreement with Gary Camp
Enclosed is (1) original, executed License Agreement with Gary Campbell related to
constructing a stage device at Historic Town Center Park, and (1) copy of the same
agreement.
Please transmit the original agreement to Gary Campbell, per our discussion. The copy
is for your files.
Thank you
DRUG USE
Ui
San Juan Capistrano: Preserving the Past to Enhance the Future
LICENSE AGREEMENT
This License Agreement is entered into this Z"'day of January, 2003, by and
between the City of San Juan Capistrano (hereinafter "Licensor"), and Gary Campbell
(hereinafter "Licensee").
Licensor and Licensee hereby mutually agree as follows:
Section 1. Grant of License.
Licensor hereby grants a License to Licensee for the purpose of constructing a
stage device to be located on Licensor's property located at the Historic Town Center
Park. The stage device shall conform generally to the specifications and site plan
approved on January 21, 2003, and attached herein by reference.
It is intended by Licensee that the stage device shall be used for public, non-
profit purposes. With regard to specific uses of the stage device, Licensor and
Licensee shall subsequently enter into a memorandum of understanding which will
provide for the time, place, and manner of the operation of the stage device.
Section 2. Term.
This License Agreement shall remain in full force and effect until mutually
rescinded by the parties.
Section 3. Assignments.
The stage device shall not be transferred to any third party without the consent
of the Licensor.
Section 4. Maintenance and Liability.
Licensor shall be responsible for maintenance of the stage device. Licensor
shall arrange for liability protection of both parties by arranging to have its standard
liability insurance coverage under the City's insurance program apply to the subject
matter of this agreement.
Section 5. Notices.
All notices required to be sent under this agreement may be delivered by first
Gass mail to the following addresses:
To: Licensor
City of San Juan Capistrano
attn: City Clerk
32400 Paseo Adelanto
San Juan Capistrano, Ca. 92675
To: Licensee
Gary Campbell
27552 Rollingwood Lane
San Juan Capistrano, CA 92675
Section 5. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between
the parties and supersedes all previous negotiations between them pertaining to the
subject matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this License
Agreement on the date above written.
Licensor
City a Juan apistrano
By.
or Sc gh, •ity Manager
License
By:
Gary Campbe 1
Ik
ACCESSORY USE PERMIT 96-01 FOR THE RAMOS HOUSE CAFI= LOCATED
AT 31752 LOS RIOS STREET,LOCATED IN THE HISTORIC RESIDENTIALZONE
DISTRICT OF THE LOS RIOS SPECIFIC PLAN (HUMPHREYS/RAMOS HOUSE
CAFE)."
RECESS AND RECONVENE
Council recessed at 7:23 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:46 p.m.
ADMINISTRATIVE ITEMS
H1. CITY MANAGER
a. CONCEPT ALTERNATIVE APPROVED FOR A STAGE AT HISTORIC TOWN
CENTER PARK; CONSTRUCTION LICENSE AGREEMENT APPROVED; AND,
PROPOSED ALTERNATIVE CONCEPT DIRECTED WITHOUT FURTHER
REVIEW (60Q 30)
Project Description: The City received a generous offer from an anonymous donor
to fund a stage at the Historic Town Center Park. In addition, Mr. Michael Imlay,
resident and landscape architect,volunteered his professional services to create the
design concept. Designs include a trellis alternative and the recommended design
that incorporates a 30' long back drop wall. Staff recommends approving the
proposed concept alternative, the construction license agreement and direct the
construction of the proposed alternative concept without further review.
Written Communication: Report dated January 21, 2003, from Mechelle Lawrence,
Economic Development Manager.
Presentation: Mechelle Lawrence, Economic Development Manager, reviewed the
staff recommendation. Mr. Michael Imlay, landscape architect, presented a brief
overview of the stage design.
Council Comment:
Mayor pro tem Soto ascertained that lighting features would be functional in nature
and not overwhelming.
Mayor Gelff and Council Member Bathgate thanked staff and Mr. Imlayfor donating
his time to work on the project.
City Council Minutes 5 1-21-03
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Soto
and carried unanimously, 5-0, to approve the proposed concept alternative for a
stage at the Historic Town Center Park; approve Construction License Agreement,
and authorize the City Manager to execute the agreement; and, construction of the
proposed alternative concept directed without further review.
H2. ENGINEERING & BUILDING DIRECTOR
a. INSTALLATION OF TWO SPEED BUMPS APPROVED ON DANA MESA DRIVE
BETWEEN DEL OBISPO STREET AND CARRETERRA DRIVE (590.50)
Project Description: Residents on Dana Mesa Drive submitted a petition requesting
the City install speed bumps on Dana Mesa Drive between Del Obispo Street and
Carreterra Drive. Staff studied the locations and recommends approving the speed
bump request.
Written Communication: Report dated January 21, 2003, from William M. Huber,
Director of Engineering & Building: Letters (2) dated January 17, 2003, from Tam
Nguyen, City resident, opposing speed bumps; Voice mail, received January 19,
2003, from Theresa Sheridan & Sam Friedman, City residents, opposing speed
bumps; E-mail, received January 20, 2003, from Cheryl Kaysen, City resident,
opposing speed bumps.
Presentation: William M. Huber, Director of Engineering & Building, reviewed the
staff recommendation.
Public Comment:
Gregory A. Pasqua, Kelly Cazel, Claues Rosdank and Denny Arsenault, City
residents, expressed support for speed bumps.
John Marsden, Rod Hopkin, Nash Elliot, Tam Nguyen, Jennifer Terry and Richard
Stowe, City residents, expressed opposition to the installation of speed bumps.
Council Comment:
Council Members discussed various alternatives to reduce speed. The majority
favored first installing (2) speed bumps spaced 300 to 400 feet apart, with
installation of Stop signs at the intersection of Dana Mesa Drive and Deadwood
Drive needed.
Mayor Gelff did not support installation of speed bumps, but felt that stop signs
could be effective in slowing traffic.
City Council Minutes 6 1-21-03
• • 1/21/2003
AGENDA ITEM H 1 a
TO: George Scarborough, City Manager
FROM: Mechelle Lawrence, Economic Development Manager
SUBJECT: Consideration of a Proposed Stage Design at HistoricTown Center Park and
License Agreement.
RECOMMENDATION
By motion:
1) Approve the proposed concept alternative for a stage at Historic Town Center Park;
and,
2) Approve the construction license agreement and authorize the City Manager to
execute the agreement on behalf of the City; and,
3) Direct the construction of proposed alternative concept without further review.
A. Summary and Recommendation
During 2002, Councilmember Bathgate expressed an interest in constructing a permanent
stage at Historic Town Center Park(HTC Park). In response to Councilmember Bathgate's
interest, the City received a generous offer (approximately $100,000 -$120,000 in value)
from an anonymous donor to fund a stage. Additionally, long-time San Juan Capistrano
resident and landscape architect, Mr. Michael Imlay, volunteered his professional services
"free of charge" to create the design concept. These donations make a significant
difference in realizing the construction of an actual, permanent stage because funding is
not currently, nor planned to be, allocated in the City's Capital Improvement Budget.
Without the generosity of the donor or Mr. Imlay, the project would most likely not occur
for many years.
With significant funding and design services available, a concept was developed and
presented to the Cultural Heritage Commission, Parks, Recreation and Equestrian
Commission, Design Review Committee, and Planning Commission during 2002. That
original concept proposed a 90'long backdrop"wall"positioned above a 30"raised surface
to create the elevation and separation desired. However,the City's commissions identified
concerns regarding the project's proposed massing and its potential impact on known
artifacts.
As a result of these concerns, Mr. Imlay revised the project so that it removed the backdrop
wall and replaced it with a 30' long flat, open area centered by two trellises. This new
concept would require the City or organizations to rent canopies or tents to create the
backdrop and screening needed.
FOR CITY COUNCIL AGENDA.
CC Agenda Item -2- January 21, 2003
The donor was disappointed that the concept had been reduced to a landscape feature
centered by two trellises. (That design is provided as an Attachment 1 to this report and
is not recommended for approval). Due to the donor's lack of interest in this design, Mr.
Imlay developed a second alternative concept (Attachment 2)that would be supported by
the donor and also address the issues identified by the commissions. That concept
(Attachment 2) is recommended for the City Council's approval. Staff is also
recommending that the City Council approve the proposed construction license agreement
authorizing the City Manager to execute the agreement on behalf of the City, allowing the
construction of the stage and direct the construction of Alternative 2 without further review.
Staff notes that approval of the stage concept and license agreement this evening will allow
the project to proceed with construction, which is anticipated to be completed in time for
the San Juan Summer Nites Concert series this summer.
B. Background
1. General Plan Designation: Specialty Park.
2. Zoning Designation: Community Park.
3. Environmental Processing: The construction of a stage is not a project
under the definition of CEQA; however, issues related to cultural resources
will be managed in accordance with CEQA and with City Council Policy#601
regarding resource management and protection.
4. Community Redevelopment Agency: This project is located within the
Community Redevelopment ProjectArea; however,Agency funds will not be
used for this project.
5. Prior Entitlements: None.
6. Commission/Board Review and Recommendations:
Cultural Heritage Commission: On March 26, 2002 the Cultural Heritage
Commission reviewed the original plan that proposed a raised stage area and 90'
long solid back drop wall. The Commission reviewed the item and forwarded a
recommendation of approval, commenting that: 1)the wing walls should be deleted
in favor of non-permanent structure to allow for future sub-surface artifact studies,
2) no sub-surface digging (below the natural soil surface should occur), 3)the doors
that were proposed in the 90' long wall should use the river style wood feature as
found at the Mission, 4) the precise location of the stage should extend to the
eastern edge of the park as much as possible to prevent possible disturbance to
potential artifacts, 5)the approval of the project should not preclude the City's ability
to retain the right to study and perform future excavations.
CC Agenda Item -3- January 21, 2003
Design Review Committee: The Design Review Committee met on three occasions.
At their March 20, 2002 meeting the DRC requested that a band shell concept be
considered by the designer. At their April 9, 2002 meeting, the DRC expressed
concern regarding the permanence of the stage and the possible need to relocate
it at a future date. It was then suggested that an alternative plan be developed to
incorporate a"garden-style"trellis feature in lieu of solid walls leaving an open stage
area (free of any permanent back drop feature). It was thought that an open area
would allow organizers to place temporary backdrops,tents, or canopies as needed
for each event. The item was continued in order to develop a new alternative. The
DRC reviewed that new concept (Attachment 1) on April 17, 2002 and forwarded
a recommendation of approval to the Planning Commission.
Parks. Recreation, and Equestrian Commission: On April 15, 2002 the Parks,
Recreation, and Equestrian Commission considered the original concept proposing
a 90' long back drop wall. The Commission recommended that the design be
revised to delete the wall. The Commission also suggested that pedestrian linkages
or walkways be incorporated where possible.
Planning Commission: On April 23, 2002 the Planning Commission reviewed both
the original concept and the alternative (Attachment 1) and forwarded a
recommendation to the City Council of approval of the trellis-style alternative
concept.
A. Project Description:
There are currently two designs for a stage at Historic Town Center Park. They include a
trellis alternative(Attachment 1)and the recommended design that incorporates a 30'long
back drop wal I(Alternative 2). Both concepts require the approval of a license agreement,
which is described below later in this report.
Trellis Concept(Attachment 11:
The trellis concept evolved as a result of undergoing the development review process and
attempting to address concerns expressed by the various commissions. One of the
constraints in designing and constructing a stage at the park is that it requires taking into
consideration the needs of the many events, ensuring that the design is sensitive to the
site's archaeology, and attempting to develop something that works effectively within an
already developed site. With a great deal of effort, Mr. Imlay was able to conceive a
design that proposed the following:
Resting on top of a raised flat area that would serve as the staging area would be
two 10' high rustic trellises that have flowering vines and landscaping. (The open
area was proposed to be where the bands and speakers would be placed).
The raised flat area would be supported by a 30" high rustic stone wall retaining a
decomposed granite stage area with gentle slopes on either side to serve as access
ramps. The ramps, comprised of decomposed granite, would create improved
CC Agenda Item 4- January 21, 2003
loading and unloading of equipment and simultaneously meet the requirements of
the Americans with Disabilities Act (ADA) for access.
- The stone wall would comprise natural colors similar to those used for the
Mendelson monument already situated at the park.
- The "support columns" of the trellises would be built to allow for the attachment of
"backdrop" materials for decorative and sound purposes.
- Aside from the"support columns"the trellises the stage would not feature any solid
wall or backdrop shell.
- Accent lighting would be installed to "up light" the stage's architectural features.
- In accordance with City Council Policy #601, an archeological monitor would be
required during construction.
- The stage area is the same place where temporary rented stages are located for
the San Juan Summer Nites Concert Series (at the eastern portion of the park
within the grass area).This area was selected in order to avoid known artifacts while
at the same time ensuring that events remain visible to passers by on EI Camino
Real. This location also ensures preservation of a meadow area for picnic goers,
event patrons, and event booths.
This concept was not endorsed by either Mr. Imlay or the donor.
Recommended "Donor Endorsed"Design Alternative (Attachment 2):
After considering the new design that evolved from the development review process
(Attachment 1), the donor was concerned that the stage had become merely a raised area
surrounded by trellises without any architectural statement, and a lost opportunity to create
something that would be both beautiful and functional for future events. In response to
these concerns, Mr. Imlay then developed a new proposal (Attachment 2)that was nearly
identical except that it proposed a 30'back drop wall between the trellises. The new design
is best described as:
- This concept still proposes a 30" high rustic stone wall retaining a decomposed
granite stage area with slopes on either side that serve as access ramps. The
retaining wall would still comprise natural colors seen in the Mendelson monument
situated at the park.
Two 10' high rustic trellises with rustic peeler logs would still be proposed to have
flowering vines and landscaping. Between the trellises instead of just an open area
as proposed above would be a 30' long stage "shell" - 18' in maximum height
tapered to 15' in height. The stage shell would use similar architectural details as
found on the old Mendelson Inn and currently at the entrance to the Mission. Those
CC Agenda Item -5- January 21, 2003
details include a terra cotta vent, simple rustic lighting for architectural accent, and
smooth stucco in natural earthen tones , accented by aged brick at the base.
- In accordance with City Council Policy #601, an archeological monitor would be
required during construction.
- The stage will be placed where temporary rented stages are typically located for the
San Juan Summer Nites Concert Series (at the eastern portion of the park within
the grass area). This area was selected in order to avoid known artifacts while at the
same time ensuring that events remain visible to passers by on EI Camino Real.
This location also ensures preservation of a meadow area for picnic goers, event
patrons, and event booths.
This concept is endorsed and supported by both the donor and Mr. Imlay due to its ability
to both address the City's commissions' concerns and to provide a positive, architectural
accent to the area. Therefore, staff is recommending approval of this design.
The Proposed License Agreement:
The second aspect of the project description includes the Council's approval of a license
agreement to allow the construction of the stage facility on public property. A license
agreement is necessary because it allows the City to proceed with construction without
having to incur the costs associated with the work. This approach allows the limited
construction dollars to be stretched because the donor and Mr. Imlay are able to use their
many business contacts to contribute toward the project allowing a cost effective and high
quality project. Until the completion of construction the stage will remain in the donor's
ownership and at that time, the stage will then be officially donated to the City and
accepted as a City facility. At that time, a memorandum of understanding (MOU)will need
to be approved by the City Council to outline the stage's provisions for use and
maintenance. This use of a license agreement and MOU are routine items since the City
occasionally enters into license agreements in order to allow for privately owned facilities,
that provide a public benefit, to be built on public property. The license agreement is on
file with the City Clerk's office.
D. Issues:
Stage: Issues related to the early plan's design in terms of its proposed size,
massing, and potential impact to cultural resources were raised by all of the
commissions (addressed earlier under Commission Review Section of this report).
Each issue that was of concern to the commission was addressed through the
development of the two alternative designs proposed this evening.
Remaining at issue is whether the City Council supports the alternative, donor
endorsed concept (Attachment 2) and license agreement allowing the project to
proceed with construction.
CC Agenda Item -6- January 21, 2003
E. Staff Analysis:
The following is a summary of the various commissions' issues identified during the
review of the early concept and staff's approach to addressing those concerns.
* Cultural Heritage Commission's Concern Regarding Cultural Resources.
To ensure that the construction of the stage enhances the historic integrity of the area, all
concepts were carefully designed with this sensitivity in mind. For example, instead of
requiring excavation of the site to support the structure, a berm-like structure building upon
the existing grade (by adding more dirt to create the necessary elevation) is proposed.
Since the Commission was concerned about stage potentially impacting archeological
resources it is believed that this approach best minimizes the potential for disturbing
resources. However because the information regarding artifacts in this area is not precise,
an archeological monitorwill also monitorthe construction process. (Staff notesthatduring
the soils testing process, which involved borings taken at 3' deep in the same locations as
where the stage is proposed, no artifacts were discovered). Furthermore, there may be
a need to trench in limited locations, and staff notes that this routinely occurs in the
downtown under the assistance and supervision of archaeological professionals.
In response to considering the original design that proposed the 90' long backdrop wall,
the Cultural Heritage Commission recommended that a "more open" design be pursued.
This was recommended in order to allow as much of the area to remain available for future
resource survey work. The design that then emerged from those concerns proposed
deleting the entire backdrop wall. However,that approach was not supported by the donor
because of his concerns regarding both the aesthetics and functional aspects to a
backdrop feature. Staff also concurred that the removal of the entire wall or backdrop was
less functional since there would be no separation for performers and audience. For that
reason,that concept is not recommended for the City Council's approval. Instead,the new
alternative design (Attachment 2) which reduces the massing by more than 60' is
recommended.
• Parks, Recreation, & Equestrian Commission's Concern Regarding Security.
The Parks, Recreation,and Equestrian Commission raised concerns about security issues
related to having a 90' long back drop wall in the Park. The Commission recommended
that the final design, at most, retain only the 30'center portion backdrop. The Commission
also suggested a design that utilized a more open, trellis design. These concerns, coupled
with the direction provided by the Cultural Heritage Commission, are addressed best by
the final proposed design (Attachment 2).
The Commission also directed that staff consider the opportunities for coordinating
pedestrian walkways. However, the need to ensure that the use and set up of the park
remains as flexible as possible results in staff recommending that the subject of linkages
is believed to be adequately addressed sloping ramps are incorporated into the proposed
design.
CC Agenda Item -7- January 21, 2003
• Design Review Committee's Request for an Alternative Design.
On three occasions the Design Review Committee met regarding the proposal. At the
March 20, 2002 meeting the DRC requested that staff and the designer evaluate the
opportunities for creating a bandshell concept instead of the 90'long backdrop wall design.
On April 9th the project was reviewed again by the DRC and several members expressed
concern regarding the permanence of the stage. It was suggested that a garden-like
design be developed. On April 17, 2002 Alternative 1/Trellis Style concept(Attachment 1)
was endorsed by the DRC. However that design has since been refined to include a 30'
long back drop wall (Attachment 2). It is recommended that in order to move the project
forward, that the City Council determine that the proposed design is consistent with the
architectural quality and integrity demanded for public projects and that the design satisfies
the intent of the commissions' concerns.
* Planning Commission Concerns.
The Planning Commission reviewed plans on April 23, 2002 and endorsed the trellis style
concept(Attachment 1). At that time, it was suggested that working drawings with design
details be brought back before the DRC for consideration prior to the project's construction.
However, due to the quality the new alternative (Attachment 2) along with the availability
of funding and free design services, it is recommended that the Council determine that the
proposed project is consistent with the architectural quality and integrity demanded for
public projects and that the design satisfies the intent of the commissions' concerns.
Therefore, it is recommended that the City Council, by motion:
1) Approve the proposed concept (Alternative 2) for a stage at Historic Town
Center Park. and,
2) Approve the construction license agreement and authorize the Mayor to
execute the agreement on behalf of the City: and,
3) Direct the construction ofAltemative 2 without furtherconsideration. approve
the new design project (Attachment 2) and direct its construction.
H. FINANCIAL CONSIDERATIONS:
A donor has approached the City with an offer to fund the project. The donation is
anticipated to be from $100,000 -$120,000. Long time resident and landscape architect,
Mr. Michael Imlay, has donated his expertise and time to create the concepts presented
this evening. With the exception of staff processing time, actual costs associated with the
project are minimal.
I. PUBLIC NOTIFICATION:
*Mission San Juan Capistrano *Camino Real Playhouse
*Blas Aguilar Adobe Museum and Foundation *SJC Chamber of Commerce
*Capistrano Old Town Merchants Association
CC Agenda Item -8- January 21, 2003
ALTERNATE ACTIONS:
1. By motion: 1) Approve the proposed concept (Alternative 2) for a stage at Historic
Town Center Park,2)approve the construction license agreementand authorize the
City Manager to execute the agreement on behalf of the City, and 3) direct the
construction of Alternative 2 without further consideration: or,
2. Request additional information; or,
3. Continue item.
RECOMMENDATION:
By motion:
1) Approve the proposed concept (Alternative 2) for a stage at Historic Town Center
Park: and,
2) Approve the construction license agreement and authorize the Mayorto execute the
agreement on behalf of the City: and,
3) Direct the construction of Alternative 2 without further consideration.
pect Ily u��
Mechelle Lawrence
Economic Development Manager
Attachments:
1. Alternative 1 - Trellis Style Concept
2. Alternative 2 - Donor and Designer Endorsed Concept
3. Aerial Photo of Historic Town Center Park
C:AGENDA&2003\01 21 htWage.wpd
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32400 PASEO ADELANTO /`
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SAN JUAN CAPISTRANO, CA 926751
DLIUSI" IAEI MEMBERS OF THE CITY COUNCIL
(949) 493-1171 1776 DWNELBATHGATE
(949) 493-1053 (FAX) a JOHN S.GELFF
lvlvly sanjuancapistrano.org MATT HART
JOESOTO
DAVID M.SWERDLIN
CIWMANAGER
January 22, 2003 GEORGESCARBOROUGH
NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
On January 21, 2003 the City Council of San Juan Capistrano met regarding:
"Consideration of a Proposal Stage Design at Historic Town Center Park and
License Agreement" Item No. H1a
The following action was taken at the meeting: Proposed concept alternative for a
stage at Historic Town Center Park approved; construction license agreement
approved; City Manager authorized to execute the agreement; and construction
of proposed alternative concept directed without further review
If you have any questions regarding this action, please contact Mechelle Lawrence,
Economic Development Manager at 443-6332 for more detailed information.
Thank you,
V
Meg on an, CMC
Cit Clerk
Cc: Mission San Juan Capistrano*; Blas Aguilar Adobe Museum and Foundation*;
Capistrano Old Town Merchants Association*; Camino Real Playhouse*; SJC
Chamber of Commerce*; Mechelle Lawrence, Economic Development Manager
DRUG USE
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AB
San Juan Capistrano: Preserving the Past to Enhance the Future
32400 PASEO .ADELANTO lr}, IA[IIAIIItAI
SAN JUAN CAPISTRANO, CA 92675 • ate'
(949) 493-1171 V76MEMBERS OF THE CM COUNCIL
AAA _ 196I
(949) 493-1053 (FAX) DIANE L BATHGATE
• JOHN S.GELFF
1V 1A'1V.Sqp)tf gNCgjl%S(YgIIO.0Yg MATT HART
� JOE SOTO
DAVID M.SWERDLIN
CITY MANAGER
NOTIFICATION OF MEETING OF POTENTIAL INTEREST GEORGESCARBOROUGH
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
The City Council of San Juan Capistrano will meet at 7:00 p.m. on January 21, 2003 in
the City Council Chamber in City Hall, to consider: "Consideration of a Proposal
Stage Design at Historic Town Center Park and License Agreement' — Item No.
H1a
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at City Hall by 5:00 p.m. on
Monday, January 20, 2003 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a blue "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member Mechelle
Lawrence, Economic Development Manager. You may contact that staff member at
(949) 443-6332 with any questions.
The agenda, including agenda reports, is available to you on our web site:
www.san'uancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
council-agendasCa)sanivancapistano.org.
Meg han, CMC
Ci Clerk
cc: M.
sion San Juan Capistrano*; Blas Aguilar Adobe Museum and Foundation*;
Capistrano Old Town Merchants Association*; Camino Real Playhouse*; SJC
Chamber of Commerce*; Mechelle Lawrence, Economic Development Manager
* Received staff report
DRUG VSE
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San Juan Capistrano: Preserving the Past to Enhance the Future
MAY 219 2002
CITY COUNCIL AGENDA
H1a
TO BE CONTINUED
(DATE TO BE DETERMINED)
5/2112002
AGENDA ITEM H 1 a
TO: George Scarborough, City Manager
FROM: Mechelle Lawrence, Economic Development Manager
SUBJECT: Consideration of a Proposed Stage at Historic Town Center Park and
License Agreement (Campbell).
RECOMMENDATION
By motion:
1) Approve the proposed concept design for a stage at Historic Town Center Park,
subject to conditions, and,
2) Approve the construction license agreement and authorize the Mayorto execute the
agreement on behalf of the City.
A. Summary and Recommendation
The Mayor expressed an interest in having a permanent stage constructed at Historic
Town Center Park because it has become a successful location for hosting community
events. To facilitate these events many improvements have already been made to the
Park, including the installation of turf, fencing, monumentation, electricity, signage, and a
walkway. However, because there is no stage at the park, organizations must rent one.
Over time, these rentals represent significant costs to the non-profits that conduct regular
annual events at the Park. Additionally, the lack of a permanent stage precludes other
community organizations from even considering holding events at the Park due to the high
rental costs involved.
The City then received a generous offer from Gary Campbell to donate the construction
of a permanent stage in his wife's name, Collene Thompson Campbell. He wanted to find
a way to help the City and at the same time celebrate Collene's many contributions to the
community. The costs for designing and constructing a stage could reach as high as
$100,000.
Funding for a stage was not allocated in the City's Capital Improvement Budget and most
likely would not have occurred for several years depending on funding availability. In
moving forward with a design, long time San Juan Capistrano resident, Michael Imlay,who
is also a landscape architect, approached the City with a generous offer to design an
attractive and workable concept.
FOR CITY COUNCIL AGENDA:`
Agenda Item -2- May 21, 2002
With funding available, a concept was developed by Mr. Imlay in consultation with the
Mayor, staff, and Mr. Campbell. That concept was then presented to the Cultural Heritage
Commission, Parks, Recreation and Equestrian Commission, Design Review Committee,
and Planning Commission. The commissions identified important issues that were
ultimately incorporated into the final concept that is recommended for the City Council's
approval this evening.
Staff recommends that the City Council: 1)Approve the proposed design concept for the
Historic Town Center Park stage project, subject to conditions and 2) Approve the
proposed construction license agreement and authorize the Mayor to execute the
agreement on behalf of the City, allowing Gary Campbell to construct the stage.
Approval of the stage concept and license agreement will allow the project to proceed with
construction, which is anticipated to be completed in time for the final San Juan Summer
Nites Concert in September.
B. Background
1. General Plan Designation: Specialty Park.
2. Zoning Designation: Tourist Commercial (CT).
3. Environmental Processing: The construction of a stage is not a project under the
definition of CEQA; however, issues related to cultural resources will be managed
in accordance with CEQA and with City Council Policy#601 regarding requirements
for resource management and protection.
4. Community Redevelopment Agency:This project is located within the Community
Redevelopment Project Area; however, Agency funds will not be used for this
project.
5. Prior Entitlements: None.
6. Commission/Board Review and Recommendations:
Cultural Heritage Commission: The Commission reviewed the original plan calling
for a stage with a 90' long solid back drop wall on March 26, 2002. The
Commission reviewed the item and forwarded a recommendation of approval,with
the following comments: 1) the wing walls should be deleted in favor of non-
permanent structure to allow for future sub-surface artifact studies, 2) no sub-
surface digging (below the natural soil surface should occur), 3) the doors should
use the river style wood feature as found at the Mission, 4) the precise location of
the stage should extend to the edge of the park as much as possible to prevent
Agenda Item -3- May 21, 2002
possible disturbance to potential artifacts, 5)the approval of the project should not
preclude the City's ability to retain the right to study and perform future excavations.
Design Review Committee:The Design Review Committee met on three occasions
to review the proposal. At the March 20,2002 meeting the DRC requested that staff
and the designer evaluate the opportunities for a bandshell concept instead of the
proposed design, which called for 90' long solid back drop wall feature.
The design team then returned to the April 9, 2002 meeting. During that time, the
DRC expressed concern regarding the permanence of the stage and the possible
need to relocate it at a future date. It was then requested that an alternative plan
be developed that would incorporate a garden style feature without the solid walls
thereby leaving the stage area completely free from any permanent solid wall back
drop feature. It was thought that this approach could allow the incorporation of
tents, backdrops, or canopies to meet the specific needs of each user. It was also
thought that this alternative approach would provide the most flexibility.The meeting
was continued to allow for additional time to be spent on developing an alternative
concept that would respond to the DRC's concerns. The DRC reviewed the
alternative plan on April 17, 2002 and forwarded a recommendation of approval to
the Planning Commission.
Parks. Recreation. and Equestrian Commission: On April 15, 2002 the Parks,
Recreation,and Equestrian Commission considered the original proposal that called
for a 90' long solid back drop wall feature and recommended that: the proposed
concept be approved subject to the removal of the wing walls (leaving the center
portion as a backdrop for events) and that pedestrian linkages or walkways be
incorporated where possible from the stage.
Planning Commission: On April 23, 2002 the Planning Commission reviewed both
the original concept and the alternative plan and forwarded a recommendation to
the City Council of approval of the alternative plan.
C. Project Description:
1. Proposed Design Concept
The process of designing a stage for the Historic Town Center Park requires
considering the needs of the events and at the same time ensuring the design is
sensitive to the site's history and archaeology.What has been developed has taken
these items in consideration. The proposed concept for approval is as follows:
A 30" high rustic stone wall retaining a decomposed granite stage area with
slopes on either side that serve as access ramps. The stone rock wall will
Agenda Item -4- May 21, 2002
be in natural colors similar to the colors seen in the Mendelson monument
already situated at the park.
On top of the raised area there will be two 10' high rustic trellises that will
have flowering vines and landscaping.
The two 10' high rustic trellises will be placed on either side of a 30' long
open area. The open area will be where bands and speakers will be staged.
The support columns of the trellises will be designed to allow for the
attachment of backdrop materials for both decorative and sound attenuation
as needed or wanted.
Aside from the columns there will be no permanent solid walls as part of this
design, thereby allowing for as much flexibility as possible.
Accent lighting may be installed at a later time for up lighting of the
architectural features.
Ramps comprised of decomposed granite are situated on either side of the
stage and will create easier and safer loading and unloading for equipment
and people. The ramping on either side also meets the requirements of the
American with Disabilities Act (ADA) for access requirements.
• In accordance with City Policy 601, an archeological monitor will be required
during the construction phase of the project.
• The stage area is proposed to be placed where temporary rented stages are
typically located for the San Juan Summer Nites Concert Series (at the
eastern portion of the park within the grass area). This area was selected in
order to avoid artifacts while at the same time ensuring that events remain
visible to passers by on EI Camino Real. This location also preserves a wide
meadow area for picnic goers, event patrons, and booths.
2. Proposed License Agreement:
The second part of this project includes the proposed license agreement which allows the
construction of the facility on public property. The stage will, for some time, remain in
ownership by Gary Campbell until such time that it is officially donated. A memorandum
of understanding (MOU) will need to be developed to outline the provisions for use and
maintenance of the facility. The City routinely enters into license agreements.
Agenda Item -5- May 21, 2002
M Issues:
There were three areas where issues were raised:
1) Stage: Issues related to the project's size, massing, security, and protection of
cultural resources were raised by all of the commissions (addressed under
Commission Review Section of this Agenda Item). Each issue was addressed
through the development of an alternative plan. What follows is a synopsis of how
each Commission's concern was addressed.
2) Conditions of Approval for the Project: Staff is recommending that certain
conditions of approval apply to the construction of the stage projectto ensure issues
raised during the development review process are addressed.
3) Construction License Agreement: The only issue is the need for a memorandum
of understanding to be entered into at a later date between Gary Campbell and the
City.
Slaff Analysis:
1) Stage:
Cultural Heritage Commission's Concern Regarding the Protection of
Resources.
To ensure that the construction of the stage enhances the historic integrity of the
area, the design was carefully developed and considered. Instead of requiring
excavation of the site, a berm-like structure is recommended to create the needed
raised surface. Additionally, the landscape architect is investigating alternative
construction approaches that will avoid any impact to artifacts. The Commission
was concerned about the location impacting known resources. As a result the
project will be placed as far east as possible. An archeological monitor will be
required to be in place in accordance with City Council Policy#601 to oversee the
construction process.
The Cultural Heritage Commission also recommended that an open trellis design
be pursued in order to allow as much of the area to remain available for future
resource survey work. The recommended alternative has no solid backdrop walls
and provides much more available surface area for possible future survey work.
Agenda Item -6- May 21, 2002
Parks, Recreation, & Equestrian Commission's Concern Regarding Park
Security.
The Parks, Recreation, and Equestrian Commission raised concerns about security
and a 90' solid back drop wall design. The issues were whether the City would be
able to ensure that the wall design was not an attractive place for graffiti and other
possible illegal or illicit behavior. The Commission recommended that the final
design, at most, retain only the 30' center portion backdrop, and delete the two
proposed 30' wing walls. The Commission urged a design that utilized a more
transparent trellis approach. These concerns, coupled with the direction provided
by the Cultural Heritage Commission, were addressed through the alternative
design.
The Commission also directed that the project consider the opportunities for
coordinating pedestrian walkways from the stage to existing walkways. During the
development of construction details,the design team will incorporate a link from the
stage to any existing walkways, as is possible. As other amenities are added to the
park, staff can consider additional linkages. A condition of approval to require that
staff investigate and develop, where possible, pedestrian linkages is included as a
condition of the City Council's approval.
Design Review Committee's Request for an Alternative Design.
On three occasions the Design Review Committee met regarding the proposal. At
the March 20,2002 meeting the DRC requested that staff and the designer evaluate
the opportunities for a bandshell concept instead of the proposed design. As
mentioned, the design team and staff returned to the April 9th meeting with
additional information. During the April 9, 2002 meeting, several members of the
DRC expressed concern regarding the permanence of the stage and suggested that
the designers consider providing a second alternative that would incorporate a
garden style feature (sans the solid walls). The DRC requested that the design
team return on April 17, 2002 to consider this alternative approach. The revised
plan was presented and received endorsement by the Committee.
Planning Commission Concerns for Details to be Further Considered.
The Planning Commission reviewed the plans on April 23, 2002 and endorsed the
overall concept. Staff suggested that working drawings with design details be
brought back before the DRC for consideration prior to construction.
2) Conditions of Approval for the Stage Project:
Staff is recommending that the following conditions apply to the construction of this
project:
Agenda Item -7- May 21, 2002
a) Digging associated with the construction of the project shall avoid penetrating
below the natural soil line as much as possible and only be carried out if
alternative approaches have been considered and archaeological monitoring
is in place.
b) The precise location of the stage should extend to the edge of the Park as
much as is functionally possible in order to avoid artifacts.
C) Linkages between pedestrian walkways shall be coordinated where possible.
3) Construction License Agreement:
Because the stage will technically be under the ownership of Gary Campbell during
the construction process, and anticipated to be donated to the City at a future date,
a memorandum of understanding (MOU) will need to be developed to ensure that
issues regarding facility usage and maintenance are communicated. The
memorandum of understanding will be developed and returned to the City Council
in the next several months following approval of the project this evening. There are
no other issues related to the proposed license agreement, and it is recommended
thatthe City Council approve the license agreement and authorize the City Manager
to execute the agreement.
FINANCIAL CONSIDERATIONS:
Donor Gary Campbell has approached the City with an offer to fund the project. Volunteer
professionals have donated their design expertise to yield the concept presented this
evening. With the exception of staff processing time, actual costs associated with the
project are minimal.
PUBLIC NOTIFICATION:
*Blas Aguilar Adobe
*Chamber of Commerce
ALTERNATE ACTIONS
1. By motion:
a)Approve the proposed concept design for a stage at Historic Town Center Park,
subject to conditions, and b) Approve the construction license agreement and
authorize the Mayor to execute the agreement on behalf of the City; or,
2. Request additional information; or,
3. Continue item.
Agenda Item -8- May 21, 2002
RECOMMENDATION:
By motion:
1) Approve the proposed concept design for a stage at Historic Town Center Park,
subject to conditions, and,
2) Approve the construction license agreement and authorize the Mayorto execute the
agreement on behalf of the City.
;"Y
sub fitted,
Mechelle Lawren
Economic Development Manager
Attachments:
1. Draft License Agreement
2. Plans of Original Proposal and Alternative Concept - Provided Separately
C:AGENDAW2002W5 21htcstsge.wpd
LICENSE AGREEMENT
This License Agreement is entered into this 21" day of May, 2002, by and
between the City of San Juan Capistrano (hereinafter"Licensor"), and Gary Campbell
(hereinafter "Licensee").
Licensor and Licensee hereby mutually agree as follows:
Section 1. Grant of License.
Licensor hereby grants a License to Licensee for the purpose of constructing a
stage device to be located on Licensor's property located at the Historic Town Center
Park at Camino Real. The stage device shall conform generally to the specifications
and site plan approved on May 21, 2002, and attached herein by reference.
It is intended by Licensee that the stage device shall be used for public, non-
profit purposes. With regard to specific uses of the stage device, Licensor and
Licensee shall subsequently enter into a memorandum of understanding which will
provide for the time, place, and manner of the operation of the stage device.
Section 2. Term.
This License Agreement shall remain in full force and effect until mutually
rescinded by the parties.
Section 3. Assignments.
The stage device shall not be transferred to any third party without the consent of
the Licensor.
Section 4. Maintenance and Liability.
Licensor shall be responsible for maintenance of the stage device. Licensor
shall arrange for liability protection of both parties by arranging to have its standard
liability insurance coverage under the City's insurance program apply to the subject
matter of this agreement.
Section 5. Notices.
All notices required to be sent under this agreement may be delivered by first
class mail to the following addresses:
Attachment 1
To: Licensor
City of San Juan Capistrano
attn: City Clerk
32400 Paseo Adelanto
San Juan Capistrano, Ca. 92675
To: Licensee
Gary Campbell
27552 Rollingwood Lane
San Juan Capistrano, CA 92675
Section 5. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between
the parties and supersedes all previous negotiations between them pertaining to the
subject matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this License
Agreement on the date above written.
Licensor
City of San Juan Capistrano
By:
Licensee
By:
Attachment 2
Plans and Specifications
Site Plan and Specifications will be attached to Councilmember agenda
packets and are also available in the City Clerk's Office for public review.
�.
32400 PASEO ATRANO,O �%, MEMBERS DI THE CITY COUNCIL
SAN JUAN CAPISTRANO, CA 92675 J,3N I����r'����, BATHGATE
J O N NE S.GEL-FF(949) 493-1171 inMwwn 1961 JOHN S.GELFE
(949) 493-1053 (FAX) 1776 MATT HART
www.sanjuancapistrano.org • • DAVID M.SWERDLIN
GRY MANAGER
GEORGE SCARBOROUGH
May 22, 2002
NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
On May 21, 2002 the City Council of San Juan Capistrano met regarding:
"Consideration of a Proposed Stage at Historic Town Center Park and License
Agreement (Campbell)" Item No. H1
The following action was taken at the meeting:
To be continued - Date to be Determined
If you have any questions regarding this action, please contact Mechelle Lawrence,
Economic Development Manager at 443-6332 for more detailed information.
Thank you,
Meg Monahan, CMC
City Clerk
(949) 443-6308
Enclosed:
Cc: Blas Aguilar Adobe*; San Juan Capistrano Chamber of Commerce*; Mechelle
Lawrence, Economic Development Manager
DBDD usB
�s
San Juan Capistrano: Preserving the Past to Enhance the Future
dMar,
32400 PASEO AOELANTO � � � � � � MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO, CA 92675 mlOA,OAAIFe DANE L.BATHGATE
(949) 493-1171 tn"usAFe COLLENE CAMPBELL
1961 JOHN S.GELFF
(949) 493-1053 (FAX) 1776 WYATT HART
www.sanjuancapistratio.org • • DAVID M.5WERDLN
CITY MANAGER
GEORGE SCARBOROUGH
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
The City Council of San Juan Capistrano will meet at 7:00 p.m. on May 21, 2002 in the
City Council Chamber in City Hall, to consider
"Consideration of a Proposed Stage at Historic Town Center Park and License
Agreement (Campbell)" — Item No. H1a
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at City Hall by 5:00 p.m. on
Monday, May 20, 2002 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a blue 'Request to Speak'
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member Mechelle
Lawrence, Economic Development Manager. You may contact that staff member at
(949) 443-6332 with any questions.
Thank you for your interest,
Megon han, CMC
City ler
(949) -6308
cc: Blas Aguilar Adobe*; San Juan Capistrano Chamber of Commerce*; Mechelle
Lawrence, Economic Development Manager
* Received staff report
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