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CHC Minutes-2011-10-25MEMORANDUM October 26, 2011 T0; Karen P, Brust, City Manager Grant Taylor, Development Services Director FROM: Teri Delcamp, Historic Preservation Manager Cultural Heritage Commission Secretary SUBJECT: Cultural Heritage Commission Actions of October 25, 2011 This memorandum summarizes the actions taken by the Cultural Heritage Commission (CHC) at their Tuesday, October 25 meeting, No action is required unless the City Council wishes to hold special review of an item, CALL TO ORDER Chair Porter called the meeting to order at 5:00 p,m, ROLL CALL Present: Lorie Porter, Chair Don Tryon, Vice -Chair Rhonda deHaan Janet Siegel Absent: Nathan Banda (excused) Staff: Teri Delcamp, Historic Preservation Manager/Cultural Heritage Commission Secretary ORAL COMMUNICATIONS None, OLD BUSINESS None, NEW BUSINESS Item 2 was taken out of order to allow more arrive, time for the applicant for the first item to 1, Consideration Mills Act Contract (MAC) 11-002, Salvador Labat House, located at 31600 Los Rios Street, (Applicant: Rick & Deborah Warkentien) Project Manager Teri Delcamp made the staff presentation and recommendation that the CHC recommend approval to the City Council for a Mills Act Contract on the Salvador Labat House, The house is a contributor to the Los Rios Street National Register CHC Action Memorandum of October 25, 2011 Historic District, noted as the Cliff Blank House #1 in the District form, The Mills Act is state legislation that allows owners of historic properties to receive a potential property tax reduction in return for the continued preservation of the historic home. The contract has a perpetual 10 -year term unless there is notice of non -renewal or a cancellation by the City. Several historic properties in San Juan Capistrano (and many throughout California) have Mills Act Contracts, A Mills Act Contract is recorded on the property after City Council approval, and passes on to successors in interest. The potential reduction in property taxes has a minimal impact on the City's budget, but is often a big benefit to the owners who incur the costs for maintaining their historic buildings, Staff and the CHC noted a letter received on these two Mills Act Contract items from Cameron Grenier, referring to another historic property with a Mills Act Contract (Forster Mansion). The letter requested the CHC to continue consideration and encourage the City Council to change the contract language in the interim to include a section requiring owners with a Mills Act Contract to comply with all applicable codes and regulations. In response to questions regarding the letter, Ms, Delcamp responded that including a requirement for compliance with all applicable codes and regulations in the Mills Act Contracts would provide an additional mechanism for enforcing codes, The City Council previously considered a similar request and declined to add the section to the Mills Act Contract, Deborah Warkentien, owner of the Salvador Labat House, was available for questions and responded that she has owned and lived in the house for four years, teaches history and loves the Los Rios area, After due consideration, Commissioner Siegel moved, and Commissioner Tryon seconded, to recommend that the City Council approve a Mills Act -Contract for the Salvador Labat House, 31600 Los Rios Street, APN 121.142-13, as presented by staff. The motion passed 4.0, ideration of Mills Act Contract located at 31321 Andres Pico Road, (Applicant. Jorge & Estela Puelma) Project Manager Teri Delcamp made the staff presentation and recommendation that the CHC recommend approval to the City Council for a Mills Act Contract on the Albert Pryor, Junior House, The house is listed on the City's Inventory of Historic and Cultural Landmarks (INCL) and is within the Mission Hill area east of the library. The property is in escrow, and the purchaser requested the current owner to apply for the Mills Act Contract, All the particulars stated for the first agenda item similarly apply to this item. Jorge Puelma, owner of Albert Pryor Junior House, arrived at the meeting after the item was concluded. CNC Action Memorandum of October 25, 2011 In response to questions, Ms, Delcamp clarified that the current owner had applied to have this house and another house he owns on EI Camino Real designated on the IHCL, The CHC and City Council approved the designation of this house, but not the other house; the CHC deemed an arbor in front of the other house detracted from the historic character of the house but the owner was not willing to remove it. As far as staff knows, the owner and purchaser are separate entities. After due consideration, Commissioner Siegel moved, and Commissioner deHaan seconded, to recommend that the City Council approve a Mills Act Contract for the Albert Pryor Junior House, 31321 Andres Pico Road, APN 124- 201.17, as presented by staff. The motion passed 4.0, PUBLIC HEARINGS None, COMMISSION/STAFF COMMENT In response to questions from Chair Porter and Commissioner deHaan, Ms. Delcamp clarified that the letter from Ms, Grenier would be forwarded to the City Council with the agenda report for the Mills Act Contract items. The City Council has the authority to decide if they want to make changes to those Mills Act Contract. If the CHC wants to discuss recommending alterations to the boilerplate Mills Act Contract, it can be agendized for a future meeting. Chair Porter was excited about the recent archaeological test excavations by the Blas Aguilar Adobe as part of the Nature Education Facility grant project and noted that all the Commissioners present had seen them. In response to her question, Ms. Delcamp clarified that this work is a small part of the overall grant, and that no more excavations would be done unless the archaeologist recommends it for a future phase, Chair Porter also announced that the annual Ghost and Legends Walk this Saturday is sold out with about 260 people registered: They may do the tours two nights next year, Also, author Frank Ritenour is currently writing a book about Dana Point, but will next turn his attention to a book on San Juan Capistrano, Chair Porter also mentioned she has been reading the fascinating court case about Modesta Avila and historical information from the case will be incorporated into the walking tours. Vice -Chair Tryon announced he will be doing a book -signing of the Images of America 'San Juan Capistrano book at the newly expanded Costco on November 16, He also asked about the status of the Marriott Residence Inn Historic Depiction Program (HDP), Staff responded that the developer has retained an individual to finish it and submit it.to the City and Ms, Delcamp spoke with her late last week. Commissioner Siegel asked if the CHC will have a meeting to consider the Historic Town Center Master Plan EIR during the 45 -day public review period. Staff will follow up CHC Action Memorandum 4 Meeting of October 25, 2011 with the project manager for the EIR to find out the projected schedule, and forward her request to him. Ms. Delcamp asked if Commissioners would be in town for the next regularly scheduled meeting on November 22, which is during Thanksgiving Week. She is not available, and some other staff members are also out of the office. There is a potential that business may need to be conducted in November or December, and the December meeting is often cancelled. The Council Chamber is available the week before, on November 16. Commissioners responded that some will not be here for the regular meeting but others won't be here the week before. Ms. Delcamp suggested that the meeting be adjourned as usual. She will follow up with Commissioner Banda as well, and let them all know what other dates or staffoptions might be available for a special meeting in November or December if necessary, ADJOURNMENT Chair Porter adjourned the meeting at 5.35 p,m, The next regular Cultural Heritage Commission meeting is scheduled for Tuesday, November 22, 2011, at 5;00 p.m, in the City Council Chamber. cc, Teri Delcamp, Historic Preservation Manager Christina Gomez, Administrative Specialist CHC Members CNC Minutes File