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CHC Minutes-2007-11-27MEMORANDUM December 19, 2007 TO: Dave Adams, City Manager Steven Apple, Planning Director FROM: Teri Delcamp, Historic Preservation Manager Cultural Heritage Commission Secretary SUBJECT: Cultural Heritage Commission Actions of November 27, 2007 This memorandum summarizes the actions taken by the Cultural Heritage Commission at their meeting on Tuesday, November 27, 2007. No action is required unless the City Council wishes to hold special review of an item. CALL TO ORDER Chair Tryon called the meeting to order at 5:00 p.m. ROLL CALL Present: Don Tryon, Chair Ed Nunez, Vice -Chair Jess Andrews Nathan Banda Alana Jolley Janet Siegel Absent: Lorie Porter (excused) Staff: Teri Delcamp, Cultural Heritage Commission Secretary ORAL COMMUNICATIONS None. OLD BUSINESS 1. Consideration of Site Plan Review (SPR) 07-001. Mission Rectory Garden (continued from October 9, 2007); an application for approval of modifications to a historic site including but not limited to installation of landscape, hardscape, and accessory structures located adjacent to the priests' residence (Rectory) in the area north of the Serra Gate and the wall defining the north end of the publicly accessible cemetery at the Mission San Juan Capistrano. The site is located at 26801 Ortega Highway, with a General Plan designation of Public and Institutional, and a zoning designation of Public and Institutional. (APN: 124-180-06) (Applicant: Mission San Juan Capistrano) Teri Delcamp made the staff presentation and recommendation Dave Adams, City Manager 2 December 19, 2007 that the Commission receive public input and continue consideration to January 22, 2008, as requested by the Staff explained. the various regulations and factors that are associated with this particular project as indicated in the staff report's flowchart. The Mission is continuing to prepare the additional information that the City has required before the application can be deemed complete. The Mayor has also spearheaded a mediation process between the applicant and the Juaneno Band of Mission Indians, Acjachemen Nation, which is on-going. Father Art Holquin addressed the Commission on behalf of the applicant. He stated that the project meant no disrespect, but was developed out of joy and as a tribute to the memory of Monsignor Martin. He asked that the Commission deny the complete removal suggested by the opposition. Public input in favor of the project was given by the following individuals: Thomas Hunn, SJC Patriarch: He stated that he spoke with authority as a 75 -year resident and a descendant of the Juaneno Band of Mission Indians, Acjachemen Nation (JBMI) with family connections to the Mission. The garden is appropriate to honor the memory of Monsignor Martin. Wick Lobo: He stated his family pre -dates European first contact with the Native Americans in 1769. He concurs with Happy Hunn's remarks. The continuance is necessary to prepare complete reports and information. Although errors were made, the decisions made by Father Art were correct and the errors are being rectified. Public input in opposition to the project was given by the following individuals: Jane Olinger, representing the California Cultural Resource Preservation Alliance (CCRPA): She referenced a letter submitted to the Commission which states the. CCRPA's position. There has been a lack of compliance with local, state and federal laws. CCRPA recommends that 1) the site be restored to its original condition; 2) the Mission consult with all of the JBMI groups; 3) all archaeology reports for work at the Mission be brought up to date; and 4) further archaeology including records search, oral histories and remote sensing techniques need to be done to accurately map the historic cemetery. Joyce Perry, JBMI: She supports the requested continuance. She discouraged the City from participating in the mediation because laws cannot be mediated. The Commission should only consider the project after all of the facts have been presented; it would be inappropriate for the Commission to make up their minds ahead of time. Rebecca Robles, JBMI: She and her family work to protect Native American sacred sites. She is concerned with the lack of compliance. She reminded the Commission of their responsibility and a mediation process will not relieve the Commission of that responsibility or the applicant from the requirements. The Dave Adams, City Manager 3 December 19, 2007 site is on the Sacred Lands file and deserves respect; the project raises legal, moral and ethical issues. David Belardes, JBMI: Respectfully submitted that there are better areas than ancestors' graves to honor the memory of Monsignor Martin. He attended mediation in the interests of the community. There are still outstanding archaeology reports at. the Mission that need to be finalized and would have alerted the Mission to what was there in the project area. After receiving public input, Commissioner Siegel moved, and Commissioner Banda seconded, to continue the project to January 22, 2008. The motion was approved by a vote of 6-0. NEW BUSINESS None INFORMATION ITEM None. COMMISSION/STAFF COMMENTS Staff announced the following: • Calendars featuring historic and current day images of San Juan Capistrano are available for purchase to raise funds for next year's Historic Preservation Week. • The Montanez and the Blas Aguilar Adobes will both be open for the City's tree lighting ceremony in December. • The Planning Department required archaeological monitoring for a recent Public Works department project to upgrade the electrical service at Historic Town Center Park. A minor amount of historic artifacts were encountered and a report will be submitted to City staff. • The consultant working on the Parra Adobe Historic Structures Report has carefully removed the plywood sheathing from the south side of the adobe to accurately assess the condition of the wall. The bracing is still in place and the structural engineer indicated the sheathing could be removed and would not change the stability of the adobe. A Tree Removal Permit has also been issued by the City for the ash tree at the far southeast corner that was damaging the adjacent private property owner's wall. ADJOURNMENT Chair Tryon adjourned the meeting at 5:34 p.m. to the Adjourned Regular Cultural Heritage Commission meeting to be held on Tuesday, December 11, 2007, at 5:00 p.m. Dave Adams, City Manager 4 December 19, 2007 cc: Cindy Russell, Assistant City Manager Grant Taylor, Assistant Planning Director Teri Delcamp, Historic Preservation Manager Christina Gomez, Administrative Specialist CHC Members CHC Minutes File Douglas Dumhart, Economic Development Manager