HomeMy WebLinkAbout12-13-2011, C1- CERTIFIED LOCAL GOVT~ council.A aGenda uEpont
Meeting Datei2J/3//Item Number
C l
C I T Y O F S A N L U I S O B I S P O
FROM :
Derek Johnson, Community Development Directo r
Prepared By :
Phil Dunsmore, Senior Planner
SUBJECT :
Application for Certified Local Government Program (CHC 103-11 )
RECOMMENDATION
As recommended by the Cultural Heritage Committee, adopt a resolution approving th e
application and authorize the City Manager to sign the certification agreement for the Certifie d
Local Government program .
DISCUSSIO N
Backgroun d
The Certified Local Government (CLG) program is a nationwide program established in 1980 a s
an amendment to the National Historic Preservation Act of 1966 . It is designed to encourag e
direct participation of local governments in the identification, evaluation, registration, an d
preservation of historic properties . It achieves this by providing specific guidelines for
preservation programs and by providing funding to support these programs . The CLG program i s
a partnership among local governments, the State Office of Historic Preservation (OHP), and th e
National Park Service (NPS).
Historic Preservation was identified as a 2011-2013 Council priority "As Resources Permit" t o
"Continue to promote historic resource preservation opportunities and update Historic Resourc e
Inventory ." Since adoption of the Historic Preservation Ordinance, the Cultural Heritag e
Committee (CHC) has expressed interest in completing the CLG application process . The
ordinance was the final component the City needed to meet the minimum qualifications t o
become a CLG . The CHC reviewed and endorsed the CLG application process on November 28 ,
2011 (Attachments 2 and 3).
What is the CLG Program ?
Being certified as a CLG under the National Historic Preservation Act Certification ensures tha t
the local jurisdiction's historic preservation program is consistent with the National Histori c
Preservation Program . Local governments that have achieved CLG status are considered ful l
partners with OHP in carrying out the protection of cultural resources . There are currently 6 0
certified local governments in the state . In our region that includes the Cities of Monterey an d
Ventura . Once certified, the local government is included in the process of nominatin g
properties to the National Register of Historic Places and is also eligible to apply for a share of
the state's annual Historic Preservation Fund administered by the OHP . The annual grant
funding can support important activities including completion of a preservation element or plan ,
a survey, preparation of a National Register district application, or the update of an ordinance .
Council Agenda Report
Certified Local Government Page 2
When a city decides to become a CLG, it agrees to carry out the intent of the Secretary of th e
Interior's Standards . The OHP provides an advisory role by reviewing the structure and processe s
of the local preservation program . The OHP may make suggestions about strategies a loca l
government can use to accomplish its goals and objectives to achieve a good balance betwee n
development and preservation . Beyond that, neither the NPS nor OHP have any regulator y
authority over local governments . Therefore local jurisdictions with CLG status continue to ac t
autonomously in implementing their historic preservation programs .
General Plan Discussio n
The City's Conservation and Open Space Element (COSE) provides General Plan goals, policie s
and programs in support of historic preservation . The following COSE policies support the inten t
of the CLG program .
3.3.1 Historic preservation .
Significant historic and architectural resources should be identified, preserved an d
rehabilitated.
Staff Response :The CLG program provides technical and financial assistance to assist loca l
jurisdictions in the identification and preservation methods of historic properties .
3 .3 .5 Historic districts and neighborhoods .
In evaluating new public or private development, the City should identify and protec t
neighborhoods or districts having historical character due to the collective effect o f
Contributing or Master List historic properties .
Staff Response :The CLG program can provide technical assistance, training, and funding t o
assist with Historic Resource Inventories to help identify the boundaries of historic districts .
3 .6.7 Partnering for preservation .
The City will partner with agencies, non-profit organizations and citizens groups t o
help identify, preserve, rehabilitate and maintain cultural resources .
Staff Response :The CLG program is a "partnership" with the OHP and the NPS that will assis t
with the identification and preservation of cultural resources .
CLG Requirement s
The City may be certified to participate in the CLG program by complying with fiv e
responsibilities :
1.
Enforce appropriate state and local legislation for the designation and protection o f
historic properties ;
2.
Establish an adequate and qualified historic preservation review commission by local law ;
3.
Maintain a system for the survey and inventory of historic properties ;
Council Agenda Report
Certified Local Government Page 3
4.
Provide for adequate public participation in the local historic preservation program ,
including the process of reviewing and recommending properties for nomination to th e
National Register of Historic Places ; and
5.
Satisfactorily perform the responsibilities delegated to it by the State .
Participating cities complete annual reporting to OHP to document properties that have bee n
evaluated or listed through the city's historic review process, however the OHP does not hav e
regulatory authority over the city's programs . This level of reporting is already under way at th e
city as part of our existing historic preservation program . The recently adopted Histori c
Preservation Ordinance completes the picture and codifies the nuts and bolts of San Lui s
Obispo's Historic Preservation Program consistent with OHP guidelines . The State Histori c
Preservation Officer has reviewed the City's Historic Preservation Ordinance, guidelines an d
CHC responsibilities and determined that the City meets the eligibility criteria . The attached
CHC report (Attachment 3) contains additional information and details on the program .
CLG Benefit s
Becoming a CLG is a significant tool for achieving community preservation goals . Onc e
certified, a local government has access to technical and financial assistance with identifying ,
evaluating and encouraging preservation of historic resources . Although there are many benefit s
of becoming a CLG as listed in the attached OHP summary (Attachment 1), the most substantia l
benefits include direct technical assistance from OHP, streamlined CEQA review, and financial
benefits that can be utilized to enhance the historic preservation program .
Technical assistance through the CLG program is offered through an email listsery hosted by th e
State Office of Historic Preservation . Membership to the listsery is limited to OHP staff, CL G
coordinators, members of CLG boards/commissions/committees, and other interested staff in th e
CLG . It is a communication tool that offers the Office of Historic Preservation and CLGs th e
opportunity to submit suggestions or questions to other members of the listserv . OHP staff also
uses the listsery to forward information about training opportunities, publications, grants, and a
variety of technical assistance to CLGs .
Environmental review may be streamlined because a component of the CLG program include s
adopting the Secretary of Interior Standards for the treatment of historic properties . The City
actively follows the Secretary of the Interior's Standards and having CLG recognition will allo w
the use of exemptions under the California Environmental Quality Act (CEQA), or in findings o f
no adverse effect . Including the National Register criteria and the Secretary of the Interio r
Standards in the local ordinance integrates local, state, and federal levels of review . It bring s
clarity to the question of what resources are significant when it comes to CEQA and Section 10 6
of the National Historic Preservation Act .
Perhaps the most visible benefit is the financial assistance . Each state is required to pass throug h
10% of its annual Historic Preservation Fund grant from the National Park Service to CLGs t o
fund preservation activities . The funding available is not a large amount, but it can suppor t
important activities such as completion of a preservation element or plan ; survey work ;
preparation of a National Register district application ; preparation of a context statement ; or the
update of an ordinance . Funding is not available for construction or restoration projects . Grants
Council Agenda Report
Certified Local Government Page 4
are awarded to CLGs on a competitive basis, require a 40 percent local government match an d
are used to facilitate the recognition and preservation of local historical resources . CLG project s
are generally funded in amounts from $2,500 - $25,000 .
CONCLUSIO N
Participation in the CLG program has been a goal of the City's Historic Preservation Program fo r
several years . The City meets the program requirements . Becoming a Certified Local
Government provides resources in the form of technical and financial assistance, thus helping th e
City achieve its preservation goals .
FISCAL IMPACT S
There is no cost to the City to participate in the CLG program . Annual reporting required by th e
program will not entail additional work efforts by staff The reports that staff provides on a
quarterly basis for the Mayor's meeting with advisory bodies will meet the program reportin g
requirements . The City is already performing all of the required CLG functions, therefore no
additional staff time will be required by becoming a Certified Local Government . If the Cit y
pursues grant funding through the program, a 40% grant match from the City would be required .
Finally, the City may terminate participation in the program at any time .
CONCURRENCE S
Becoming a Certified Local Government will assist the City in meeting historic preservatio n
goals and will provide funding for continued inventory efforts . Application to become a
Certified Local Government is being recommended by the Cultural Heritage Committee and is
supported by staff .
ALTERNATIVE S
1.The Council may wish to continue the discussion for additional information on th e
program . Specific directional items to staff would be needed . This alternative is no t
recommended because action on the CLG application before the end of the calendar year
will ensure the City's application is approved prior to the state grant cycle for CLGs i n
2012 .
2.The Council could opt not to apply to become a CLG . This alternative is no t
recommended because the City is already operating a historic preservation program tha t
meets the CLG standards without access to the benefits of CLG participation .
ATTACHMENT S
1.State Office of Historic Preservation description of CLG progra m
2.Draft CHC minutes 11-28-1 1
3.CHC report 11-28-1 1
4.City Council Resolutio n
T:\Community Development\CARs\CC rpt 12-13-11 CLG .doc
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California Office of Historic Preservatio n
Department of Parks & Recreatio n
Local Government Assistance
Attachment 1
INTRODUCTIO N
Preserving important historic properties as reflections of our American heritage becam e
a national policy through passage of the Antiquities Act of 1906, the Historic Sites Act o f
1935, and the National Historic Preservation Act of 1966, as amended (16 1J .S .C . 470 )(NHPA). In part, the NHPA instructed the Federal Government to assist loca l
governments to expand and accelerate their historic preservation programs 'an dactivities. Since enactment of the NHPA, the historic preservation expertise an d
activities of local governments have significantly increased . The act, however, provide d
no opportunity for local governments to be involved formally in the national histori cpreservation program . Lack of formal participation by local governments often mean t
that historic preservation issues were not considered until development planning wa swell underway . This often resulted in preservation/land development conflicts causin gproject delays and increasing costs . In addition, opportunities frequently were lost fo r
preservation-oriented development that could satisfy both preservation an d
development goals .
In recognition of the need to involve local governments in historic preservation, the 198 0
amendments to the NHPA provided a specific role for local governments in the nationa l
program by establishing the Certified Local Government (CLG) program . A CLG is a
local government whose local historic preservation program has been certified pursuan tto Section 101 (c) of the NHPA . Any local government is eligible to apply fo r
certification . Once certified, a local government must be included in the process o f
nominating properties to the National Register of Historic Places and will be eligible t o
apply to the state for a share of the state's annual Historic Preservation Fund (HPF )allocation .
What is the Certified Local Government Program ?
The 1980 amendments to the National Historic Preservation Act of 1966, as amende d(16 U .S .C . 470), provided for the establishment of a Certified Local Government (CLG )Program . The CLG program is a national program designed to encourage the direc t
participation of a local government in the identification, registration, and preservation o f
historic properties located within the jurisdiction of the local government . A loca l
government may become a CLG by developing and implementing a local histori c
preservation program based on federal and state standards . The CLG program i s
administered in California by the State Office of Historic Preservation (OHP).
The CLG program is intended to foster the integration of preservation planning int o
other planning processes and ensure that historic resources are identified an dconsidered in making planning decisions . It is not intended to be another or mor e
burdensome layer of control, but instead to support good planning practices . The CL G
program encourages the preservation of cultural resources by promoting a partnershi p
among local governments, the State of California, and the National Park Service (NPS )
4
Attachment 1
which is responsible for the National Historic Preservation Program . Becoming a CLG
can provide local staff and commissions the tools, technical training, and mor e
meaningful leadership roles in the preservation of the community's cultural heritage .
Local interests and concerns are integrated into the official planning and decision -
making processes at the earliest possible opportunity .
In response to the federal government's 1995 initiative for simplifying the National Par k
Service's oversight of the national historic preservation program, the NPS revised 3 6
CFR 61 to provide each state with greater discretion in carrying out the responsibilitie s
mandated in the National Historic Preservation Act . Decisions on membershi p
requirements for local preservation commissions are left entirely to the states . Th e
requirement that local preservation commissions consult outside professionals in certai n
instances is eliminated .
Who Can Apply for Certified Local Government Status ?
Any local government is eligible to apply to the State Historic Preservation Office r
(SHPO) for certification . A local government is any general purpose political subdivisio n
of California such as a city, county, or city/county ; or any other general purpose politica l
division of the state with the exception of regional commissions, councils o f
governments, and special districts . It is important to be aware that certification pertain s
to the entire local government and its agencies, not simply to the preservatio n
commission that serves the local government .
When Are CLG Applications Accepted ?
Local governments may apply for CLG status at any time . However, in order to apply fo r
grants through the CLG program, a local government must be certified prior to the gran t
application deadline which is usually the last week of April . Note that the CLG gran t
application process is separate from the certification application and require s
completion of a grant application form .
What are the Procedures for Certification ?
Prior to submitting an application or obtaining the elected officials' authorization, OH P
encourages the local government representative to consult with the Local Governmen t
Unit of the California State Office of Historic Preservation and submit a draft applicatio n
for a preliminary review to ensure that the local government's preservation progra m
meets the state requirements and National Park Service CLG program criteria .
Once the draft application has been approved, the chief elected official of the loca l
government applying for CLG status shall request certification from the California Stat e
5
Attachment 1
Historic Preservation Officer (SHPO) in writing . The official request for certification shal l
include the Certification Application Checklist, CLG Certification Application Form, an d
CLG Certification Application Attachments found in Appendix A .
Within forty-five (45) days of receipt of an adequately documented application, th e
SHPO shall review the certification application . If certification is recommended, th e
SHPO will forward a Certification Agreement to the local government for signature . Th e
Certification Agreement shall identify the required responsibilities of the loca l
government when certified . SHPO concurrence, which shall include a copy of th e
signed certification agreement and a signed review checklist, shall be forwarded to NP S
for final review and approval as a CLG . NPS has final approval to certify loca l
governments as CLGs ; their date of approval is the effective date of certification .
Why Become a Certified Local Government ?
What does certification mean? What's in it for the local jurisdiction? Why would yo u
want to associate your local preservation program with state and federal programs ?
Does certification create additional state or federal oversight or control over loca l
programs?
Credibility :The National Historic Preservation Act (NHPA), passed in 1966, built upo n
established preservation practices . The NHPA created the National Register of Histori c
Places ; its criteria are widely recognized and they have been tested legally (reviewed ,
refined by adoption into regulations, tested and upheld in courts). Amendments to th e
NHPA created the CLG program . The Secretary of the Interior's Standards an d
Guidelines for preservation planning and the identification, evaluation, registration, an d
treatment of historic properties were published in 1983 . Although the California Registe r
of Historical Resources is much newer (1992), its criteria and procedures parallel th e
National Register .
When your local survey program is consistent with the Secretary of the Interior's
Standards and Guidelines for Archaeology and Historic Preservation and you r
designation criteria are consistent with the National Register and California Registe r
criteria, you know you are on safe ground . Similarly, use of the Secretary of th e
Interior's Standards for Treatment of Historic Properties provides established criteria fo r
evaluating projects and granting Certificates of Appropriateness that have stood th e
tests of time, reasonableness, and the courts . Consistency with national and stat e
regulations and established preservation practices insulates the local preservatio n
program from charges of being arbitrary and capricious . Becoming a CLG provides th e
local program the added value of prestige and cachet .
Technical Assistance :OHP provides technical assistance, training, workshops, an d
consultation services to CLGs . A perquisite for becoming a CLG is access to a listser yhosted by the OHP . Membership to the listsery is limited to SHPO staff, CLG
coordinators, members of CLG boards/commission, and other interested staff in th e
6
Attachment 1
Economic Benefits :Although there are no direct economic benefits to being a CL G
other than the opportunity to compete for CLG grants, your CLG's commitment to
historic preservation does result in multiple economic benefits to the community . Where
preservation is supported by local government policies and incentives, designation ca n
increase property values and pride of place . Revitalization of historic downtowns an d
adaptive reuse of historic districts and buildings conserves resources, uses existin g
infrastructure, generates local jobs and purchasing, supports small busines s
development and heritage tourism and enhances quality of life and communit y
character .
Preserve America :Because CLG status indicates a community's commitment t o
historic preservation at the local level, it makes the local government a prime candidat e
to become a Preserve America community and streamlines the application process .
Preserve America is a national initiative that recognizes and designates communities ,
including neighborhoods in large cities that protect and celebrate their heritage, us e
their historic assets for economic development and community revitalization, an d
encourage people to experience and appreciate local historic resources throug h
education and heritage tourism programs . In addition to White House recognition an d
local signage, Preserve America communities are eligible for federal grants to suppor t
community efforts to demonstrate sustainable uses of their historic and cultural site s
and the economic and educational opportunities related to heritage tourism . OHP doe s
not administer the Preserve America program . However, Preserve America Applicant s
are required to consult with the SHPO as part of the application process .
What are the Requirements for Certification ?
FIVE BASIC PROGRAM REQUIREMENT S
The chief elected official of the local government must submit an application to th e
SHPO requesting certification . Local governments may be certified to participate in th e
CLG program by complying with the five minimum responsibilities of a CLG . Loca l
governments must :
•Enforce appropriate state and local legislation for the designation and protectio n
of historic properties ;
•Establish a qualified historic preservation review commission by local law ;
•Maintain a system for the survey and inventory of historic properties ;
•Provide for adequate public participation in the local historic preservatio n
program, including the process of reviewing and recommending properties fo r
nomination to the National Register of Historic Places ; an d
•Satisfactorily perform the responsibilities delegated to it by the state .
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Attachment 1
Enforce appropriate state and local legislation for the designation and protectio n
of historic properties .
CLGs must enact and enforce a local historic preservation ordinance . State enablin g
legislation, found at California Government Code Sections 65850, 25373, and 37361 ,
provides for local jurisdictions to enact appropriate historic preservation legislation .
Additionally, the local legislation shall be consistent with the intent and purpose of the
National Historic Preservation Act of 1966, as amended (16 U .S .C . 470).
Along with other local governments, CLGs must enforce the California Environmenta l
Quality Act (CEQA) regulations in relation to historical resources, and participate, a s
appropriate, in the environmental review of federally-sponsored projects under Sectio n
106 of the National Historic Preservation Act of 1966, as amended .
Designation refers to the identification and registration of both historic and prehistori c
properties for purposes of protection using criteria established by the local government .
Designation requirements and procedures must be consistent with the Secretary of th e
Interior's Standards for Identification and Registration . Adoption of criteria that closel y
follows the National Register of Historic Places and the California Register of Historica l
Resources is encouraged .
Protection refers to the local review process under local law for proposed demolition of ,
changes to, or other action that may affect properties that have been designate d
pursuant to the local ordinance . This would not include properties listed on o r
determined eligible for the national Register of Historic Places or California Register o f
Historical Resources unless those properties were also designated under the loca l
designation process .
The CLG will prepare a comprehensive local historic preservation plan or preferably,a
historic preservation element in the community's general plan . The plan or element wil l
identify preservation missions, goals, and priorities and will establish preservatio n
strategies, programs, and time schedules . It will also be used to support and justify CL G
grant applications .
The CLG is encouraged to adopt and implement the Secretary of the Interior's
Standards and Guidelines for Archeology and Historic Preservation relevant to CL G
need and activities (www .nps .gov/history/local-law/arch stnds 0 .htm).
Establish a qualified historic preservation review commission by local law .
A qualified historic preservation review commission means a board, council, committee ,
commission or other similar body established by local legislation whose primar y
purpose is historic preservation and whose membership includes a minimum of five (5 )
individuals, all of who have a demonstrated interest in, competence or knowledge i n
historic preservation .
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Attachment 1
Members must be appointed by the chief elected official of the jurisdiction, unles s
otherwise provided by local legislation . The appointing authority shall make interi m
appointments to fill unexpired terms in the event of vacancies occurring during the ter m
of members of the commission within sixty (60) days .
To the extent available in the community, the CLG will appoint a minimum of tw o
professional members from the disciplines of architecture, history, architectural history ,
planning, archeology, or other historic preservation related disciplines, such as urba n
planning, American studies, American civilization, cultural geography, or cultura lanthropology. Local governments can be certified without this minimum professiona l
qualified membership if they can demonstrate they have made a reasonable effort to fil lthose positions .
When a relevant historic preservation discipline is not represented in the commissio n
membership, the commission shall be encouraged to draw upon such expertise in thi s
area when considering National Register nominations requiring the application of suc hexpertise.
The commission must meet a minimum of four times per year and each commissione r
must attend annually at least one training session that meets the requirements of th eCLG program . CLG commissioners and staff should develop training requirements tha t
meets the needs of local historic preservation programs .
The commission is the local governmental entity responsible for preparing an d
submitting an annual report to the SHPO each year . The format and content the mos trecent annual report is available on the SHPO's website
(www .ohp .parks .ca .gov/?paqe id=21239).
Maintain a system for the survey and inventory of historic propertie s
Because historical contexts and surveys are the foundation of preservation planning ,
CLGs must develop or have in place a system for identifying, evaluating, inventorying ,
and registering historical and cultural resources within their jurisdiction ,
Upon certification, CLGs will forward to the SHPO copies of all pre-existing survey an dinventory information .
Surveys carried out by or at the direction of a CLG are expected to meet the Secretar y
of the Interior's Standards and Guidelines for Identification and Evaluation, and us e
State-approved inventory forms (DPR 523 series) and/or electronic data standards t o
ensure that the data can be integrated into the statewide California Historical Resource sInformation System (CHRIS). (This policy does not apply to survey data produce d
before the effective date of CLG certification .)
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Attachment 1
Evaluative criteria must be consistent with the National Register of Historic Places an d
the California Register of Historical Resources, and conform to the Secretary of th e
Interior's Standards for Identification and Evaluation . (This policy does not apply t o
survey data produced before the effective date of CLG certification .).
Communities which have conducted surveys in the past must periodically update thei r
survey data as new resources become eligible for consideration, or when older survey s
warrant re-examination over time . CLGs are required to submit survey updates and ne w
surveys to OHP for inclusion in the statewide database .
The CLG commission shall establish internal procedures to facilitate the use of surve y
results in the planning process by the CLG officials and departments . The commissio n
shall submit survey results to the local government for adoption, then forward to OHP .
Copies of the survey results must be made available to the public, with the exception o f
certain sensitive historic and prehistoric sites and should be on deposit at the loca l
planning department, building and safety office, public works department, an d
redevelopment agency . Local libraries, colleges, and historical societies should als o
receive copies . SHPO will make copies available for the appropriate CHRIS regiona l
center .
Provide for adequate public participation in the local historic preservatio n
proqra m
Public participation is an integral feature of any preservation program and the CLG shal l
provide opportunities for public participation in all CLG programs and activities .
The CLG will encourage public participation at commission meetings . All loca l
preservation commission meetings must be open to the public and meet th e
requirements of the Ralph M . Brown Act for open meetings (California Governmen t
Code Section 54950 et seq .). Meeting agendas and minutes of commission meeting s
must be publicly available .
Public participation shall be encouraged in the CLG's survey program at all levels o f
responsibility to identify and inventory significant cultural resources . Survey results shal l
be a public record and on file at a public institution, with the exception of archeologica l
and other sensitive sites .
The local government must provide for public participation in the CLG's process fo r
evaluating properties for nomination to the National Register of Historic Places .
The CLG shall encourage the public to participate in the review of projects an d
undertakings subject to the California Environmental Quality Act and Section 106 of th e
National Historic Preservation Act .
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Attachment 1
Satisfactorily perform the responsibilities delegated to it by the stat e
The CLG must have the legal authority to fulfill the minimum requirements specified i n
this application manual .
At the discretion of the SHPO and with mutual written agreement with the loca l
government, or by federal mandate from the National Park Service, additiona l
responsibility may be delegated to the CLG .
ADDITIONAL REQUIREMENTS .
National Register Nomination s
The CLG has the obligation to participate in the nomination of properties to the Nationa l
Register of Historic Places pursuant to Section 101 (c)(2)(A) of the National Histori c
Preservation Act : "Before a property within the jurisdiction of the certified loca l
government may be considered by the State to be nominated to the Secretary [of th e
Interior] for inclusion on the National Register, the State Historic Preservation Office r
shall notify the owner, the applicable chief local elected official, and the local histori c
preservation commission . The commission, after reasonable opportunity for publi c
comment,shall [emphasis added] prepare a report as to whether or not such property ,
in its opinion, meets the criteria of the National Register."
Annual Review s
In order to maintain certification, CLGs are required to submit reports annually tha t
detail their historic preservation programs' accomplishments and actions . The annua l
reports cover the federal fiscal year, October 1 — September 30 . Each CLG is sent a
reminder letter and the annual report format . The CLG must have submitted an annua l
report for the previous reporting period in order to be eligible to submit a CLG gran t
application . Although the majority of the report format remains fairly constant, som e
changes may occur from year to year . The format for the most recent annual report i s
posted on SHPO's website (www .ohp .parks .ca .govl?page id=21239).
Decertificatio n
In order to remain a CLG the local government must continue to meet the minima l
requirements of the program and to meet the performance standards specified in th e
CLG certification agreement .
The SHPO may recommend decertification to the National Park Service if all of th e
following conditions have been met :
• The SHPO determines that a CLG's performance does not meet the performanc e
standards specified in the Certification Agreement ; an d
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Attachment 1
•The SHPO specifies to the CLG in writing ways to improve performance with a
period of time by which deficiencies must be corrected or improvements must b e
achieved ; an d
•After the period of time stipulated by the SHPO, the SHPO determines that there
has not been sufficient improvement .
Failure to perform acceptably under a Historic Preservation Fund grant is not in itsel f
sufficient grounds for decertification . The SHPO must notify the CLG in writing prior t o
or at the time of its recommendation to NPS for decertification . The notification mus t
state the specific reasons for the proposed decertification, describe the SHPO's
technical assistance efforts, and affirm that the SHPO will notify the CLG of the NP S
concurrence with the decertification .
The SHPO may also recommend decertification if a CLG requests in writing to b e
decertified . The SHPO must forward a copy of the CLG's letter as an enclosure to th e
SHPO's request to decertify the CLG .
If the CLG had been delegated Section 106 responsibilities in its jurisdiction by th e
State, and a Programmatic Agreement had been executed by the Advisory Council o n
Historic Preservation (ACHP), then the SHPO must notify the ACHP that the CLG ha s
been decertified .
The effective date of decertification is when the National Park Service concurs in writin g
with the SHPO's recommendation to decertify the CLG . If the local government wishe s
to become recertified it must reapply for certification .
What about the CLG Grants Program ?
OHP is required by federal law to pass through at least 10% of its annual Federa l
Historic Preservation Fund (HPF) allocation to Certified Local Governments for histori c
preservation planning projects and programs which promote the identification ,
evaluation, nomination, and preservation of their communities' significant cultura l
resources and are consistent with the Statewide Historic Preservation Plan . Bricks an d
mortar projects are not eligible .
The annual grant cycle begins with the notification to all CLGs of the funding availabilit y
in January of each year . Grant applications are due at the end of April and the recipient s
are announced by June . Grant funded projects are to begin October 1 and must b e
completed by the following September . CLG grants are awarded on a competitive basi s
in amounts from $2,500 - $25,000 . Cash or in-kind match is required : 60% Federal/40 %
applicant.
The CLG grants program manual and grant application is available on OHP's website a t
www .ohp .parks .ca .qov/?paqe id=24493 .The grants manual is updated annually t o
reflect statewide preservation priorities, Consult the manual for detailed informatio n
13
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Attachment 1
about what activities are eligible for funding, the criteria used in awarding the grants ,
and the obligations of grant recipients .
Grant-eligible activities include projects such as the following :
•Developing or revising general plan historic preservation element s
•Ordinance revision s
•Developing historic contexts and conducting historic resource survey s
•Preparing National Register of Historic Places district nominations or multipl e
property submission s
•Developing archaeological preservation plan s
•Developing design guidelines for historic propertie s
•Developing community-based preservation education and outreach program s
including historic homeowner education . OHP will consider joint proposals wit h
other local governments to fund a circuit rider staff person to provide technica l
assistance to a group of local government preservation programs .
•Preparing historic structure reports/historic structure preservation pla n
•Historic Resource information management such as developing a web-base d
application to make historic resource information publically available onlin e
CLGs may not use HPF grants for construction or restoration of buildings an d
structures, acquisition of historic properties, maintenance or operation of histori c
properties, interpretive displays, or purchase of computers or other equipment . CL G
grant funds can not be used as match for any other federal grant or for lobbyin g
purposes .
Where Can I Get More Information ?
If you have any questions about this program, the certification application process, o r
the preparation and development of local preservation documents and programs, e .g .,
preparation of a historic preservation ordinance, development of a survey program, etc .,
please contact the Local Government Unit, Office of Historic Preservation, Post Offic e
Box 942896, Sacramento, CA 94296-0001, phone (916) 653-6624, fax (916) 653-9824 .
Information on the Certified Local Government Program is available online a t
www .ohp .parks .ca .gov .
Also see Section 101(c)(1) and 9(c)2 of the National Historic Preservation Act of 1966 ,
as amended (http ://www .nps .gov/history/historvlonline books/fhpl/nhpa .pdf)and 36
CFR Part 61 .6 of the Procedures for State, Tribal, and Local Government Histori c
Preservation Program s
(httpJ/edocket .access .gpo .gov/cfr 2005/iulgtr/pdf/36cfr61 .6 .pdf)..
14
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Attachment 2
DRAFT
SAN LUIS OBISP O
CULTURAL HERITAGE COMMITTEE MINUTE S
November 28, 201 1
ROLL CALL :
Present :Committee Members Hemalata Dandekar, John Fowler, Jaime Hill, Buz z
Kalkowski, Bob Pavlik, Vice-Chair Enrica Costello, and Chairperson Jeff
Oliveira
Absent :Non e
Staff :Senior Planner Phil Dunsmore and Recording Secretary Allison Zik e
ACCEPTANCE OF THE AGENDA :
The agenda was accepted as presente d
MINUTES :
Minutes of October 24, 2011 were approved as presented .
PUBLIC COMMENTS ON NON-AGENDA ITEMS :
There were no comments made from the public .
PUBLIC HEARING ITEMS :
1 .City Wide .CHC 103-1 ; Review Certified Local Government (CLG) application ; City
of San Luis Obispo, applicant .(Phil Dunsmore)
Phil Dunsmore, Senior Planner, presented the staff report, recommending th e
Committee endorse the application and certification agreement for the Certified Loca l
Government program to the City Council based on findings which he outlined .
Chair Oliveira requested clarification on CLG application deadlines .
Phil Dunsmore clarified that the application will be due prior to January 1, 2012 .
Vice-Chair Costello asked that staff provide a schedule of CLG grant deadlines at th e
January 2012 CHC meeting, pending application approval, and suggested staff als o
explore grant options from private organizations .
Committee Member Dandekar asked for clarification about the CEQA waiver .
Phil Dunsmore explained that some historic preservation efforts in compliance wit h
Secretary of the Interior standards are exempt from CEQA requirements .
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Draft CHC Minute s
November 28, 201 1
Page 2
Attachment 2
PUBLIC COMMENTS :
Eric Meyer, San Luis Obispo, asked staff if there are any downsides to becoming a
Certified Local Government .
Pierre Rademaker, San Luis Obispo, spoke in support of the City becoming a Certifie d
Local Government .
There were no further comments made from the public .
COMMITTEE COMMENTS :
Committee Member Hill asked if City Council had seen the list of economic incentive s
for the City to become a CLG .
Staff stated that City Council had not yet seen a staff report on the item .
Committee Member Fowler asked what the extent is of required reports on an y
properties in the City that have received grant assistance .
Staff stated that current City ordinances allow the City to obtain that information .
Committee Member Fowler stated that becoming a CLG should not drive the addition o f
more resources to the Master or Contributing List of Historic Resources .
There were no further comments made from the Committee .
On motion by Committee Member Fowler, seconded by Vice-Chair Costello, to endors e
the application and certification agreement for the Certified Local Government proqra m
to City Council for approval .
AYES :Committee Members Fowler, Kalkowski, Dandekar, Hill, Pavlik, Vice-Chai r
Costello, and Chair Oliveir a
NOES :Non e
RECUSED :Non e
ABSENT :Non e
The motion passed on a 7 :0 vote .
2 .City-Wide CHC 134-11 ; Review design and location of new signs to identify Ol d
Town, Chinatown, and Downtown Historic Districts ; City of San Luis Obispo ,
applicant .(Phil Dunsmore)
Phil Dunsmore, Senior Planner, presented the staff report, recommending th e
Committee continue the item with specific direction on design changes, and comment s
on sign locations as appropriate and public outreach opportunities .
Committee Member Kalkowski asked what the material of the signs will be .
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,ent 3
CITY OF SAN LUIS OBISP O
CULTURAL HERITAGE COMMITTEE STAFF REPORT
ITEM #1
BY :Phil Dunsmore, Senior Planner
MEETING DATE :November 28, 201 1
FROM :Kim Murry, Deputy Director, Long Range Planning
FILE NUMBER :CHC 103-1 1
PROJECT ADDRESS :Citywid e
SUBJECT :Application for Certified Local Government Program .
SUMMARY RECOMMENDATION :
Recommend the City Council approve the application and certification agreement for th e
Certified Local Government program .
BACKGROUND :
Situatio n
With adoption of a Historic Preservation Ordinance last year, the City now meets the minimu m
eligibility requirements to become a Certified Local Government (CLG). Since adoption of th e
Historic Preservation Ordinance, the Cultural Heritage Committee has expressed interest in th e
CLG program as a tool for achieving preservation goals . In order to complete the applicatio n
process, endorsement by the CHC and a signed resolution by the City Council are required . In
order for the City to be eligible for the next round of grant funding which will occur next spring ,
the application and signed resolution need to be completed and delivered to the State Office o f
Historic Preservation (OHP) before the end of the year . This item is scheduled to be reviewed b y
the City Council on December 13,2011 .
DISCUSSIO N
What is the CLG Program ?
The CLG is a nationwide program established in 1980 as an amendment to the National Historic
Preservation Act of 1966 .It's designed to encourage direct participation of local governments i n
the identification, evaluation, registration, and preservation of historic properties . It achieves thi s
by providing specific guidelines for preservation programs and by providing funding to suppor t
these programs . The CLG program is a partnership among local governments, OHP, and th e
National Park Service (NPS). A CLG is a local government whose local historic preservatio n
program has been certified under the National Historic Preservation Act (NHPA). Onc e
certified, the local government is included in the process of nominating properties to the Nationa l
Register of Historic Places and will be eligible to apply to the state for a share of the state's
annual Historic Preservation Fund administered by the California Office of Historic Preservation .
These grants are awarded on a competitive basis and require a 40% match from the CLG .
Attachment 1 provides for a more comprehensive overview of the program as defined by OHP .
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CLG program (CHC 103-11 )
Page 2
t 3
When a city decides to become a CLG, it agrees to carry out the intent of the Secretary of th e
Interior's Standards . The OHP provides an advisory role by reviewing the structure and processe s
of the local preservation program . The OHP may make suggestions about strategies a loca l
government can use to accomplish its goals and objectives to achieve a good balance betwee n
development and preservation . Beyond that, neither the NPS nor OHP have any regulator y
authority over local governments . Therefore local jurisdictions with CLG status continue to ac t
autonomously in implementing their historic preservation programs .
General Plan Guidance
The City's Conservation and Open Space Element (COSE) provides General Plan goals, policie s
and programs in support of historic preservation . The following COSE policies support the inten t
of the CLG program .
3 .3 .1 Historic preservation .
Significant historic and architectural resources should be identified, preserved an d
rehabilitated .
Staff Response :The CLG program provides technical and financial assistance to assist loca l
jurisdictions in the identification and preservation methods of historic properties .
3 .3 .5 Historic districts and neighborhoods .
In evaluating new public or private development, the City should identify and protec t
neighborhoods or districts having historical character due to the collective effect o f
Contributing or Master List historic properties .
Staff Response :The CLG program can provide technical assistance, training, and funding t o
assist with Historic Resource Inventories to help identify the boundaries of historic districts .
3.6. 7 Partnering for preservation .
The City will partner with agencies, non-profit organizations and citizens groups t o
help identify, preserve, rehabilitate and maintain cultural resources .
Staff Response :The CLG program is a "partnership" with the HPO and the NPS that will assis t
with the identification and preservation of cultural resources .
CLG Requirement s
The City may be certified to participate in the CLG program by complying with fiv e
responsibilities :
1.
Enforce appropriate state and local legislation for the designation and protection o f
historic properties ;
2.
Establish an adequate and qualified historic preservation review commission by loca l
law ;
3.
Maintain a system for the survey and inventory of historic properties ;
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CLG program (CHC 103-11)
Attachment 3
Page 3
4.Provide for adequate public participation in the local historic preservation program ,
including the process of reviewing and recommending properties for nomination to th e
National Register of Historic Places ; and
5.
Satisfactorily perform the responsibilities delegated to it by the state .
The City has continuously maintained a historic resources inventory and Cultural Heritag e
Committee since the early 1980's thus performing the duties required by the CLG program .
However, the missing component was the recently adopted Historic Preservation Ordinanc e
which effectively applies the local legislation for the designation and protection of histori c
properties .
Annual Reportin g
Once the City becomes a CLG, there is an annual reporting requirement that includes item s
already tracked by the City . These reporting requirements include the following :
a.How many properties added to Historic Resource inventory ?
b.How many properties added to local register historic district ?
c.How many properties added to tax incentive program ?
d.How many properties assisted with local grants ?
e.How many properties reviewed by CHC for historic compliance ?
f.Did the City acquire any historic properties ?
Benefits
Local governments that have achieved CLG status are considered full partners with th e
California Office of Historic Preservation in carrying out the protection of cultural resources .
This partnership includes a series of benefits including the following :
Credibilit y
The National Historic Preservation Act has been around since 1966 . The National Register o f
Historic Places and its criteria are widely recognized . The California Register of Historica l
Resources was introduced in 1992, and its criteria and procedures parallel the National Register .
The adoption and use of the Secretary of the Interior's Standards provides criteria for projec t
evaluation which, have stood the tests of time, reasonableness, and the courts .
Having a local survey and designation program consistent with the National Register an d
California Register provides credibility for the local program . Similarly, in project review, th e
use of the Secretary of the Interior's Standards provides consistent criteria for project evaluation .
It provides the local agency with an accepted standard on which to base the preservatio n
program .
Technical Assistance
CLG members are provided access to an email listsery hosted by the State Office of Histori c
Preservation. Membership to the listsery is limited to OHP staff, CLG coordinators, members o f
CLG boards/commission/committee, and other interested staff in the CLG . It is a communicatio n
tool that offers the OHP and CLG's the opportunity to submit suggestions or questions to other
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CLG program (CHC 103-11)
Attachment 3
Page 4
members of the listserv . OHP staff also uses the listsery to forward information about trainin g
opportunities, publications, grants, and a variety of technical assistance to CLGs .
Streamlinin g
The use of the National Register/California Register criteria and the Secretary of the Interio r
Standards integrates local, state, and federal levels of review . It brings clarity to the question o f
what resources are significant when it comes to environmental review and Section 106 of th e
National Historic Preservation Act . Adopting the Secretary of the Interior's Standards will allo w
the use of exemptions under the California Environmental Quality Act (CEQA), and likely resul t
of findings of no adverse effect under Section 106 . The use of these criteria and standards mak e
environmental review more efficient .
Fundin g
Each state is required to pass through 10% of its annual Historic Preservation Fund grant fro m
the National Park Service to CLGs to fund preservation activities . The amount of funding is no t
large, but it can support important activities such as completion of a preservation element o r
plan ; surveywork ; preparation of a National Register district application ; development of a
context statement; or the update of an ordinance . Funding is not available for construction o r
restoration projects . Grants are awarded to CLGs on a competitive basis, require a 40 percen t
local government match and are used to facilitate the recognition and preservation of loca l
historical resources . CLG projects are funded in amounts from $2,500 - $25,000 . In 2011, OH P
selected ten local governments to receive grants totaling $184,500 for the following projects :
Burbank,$5,000 . Develop an education and outreach campaign to provide mor e
information to the public about Burbank's preservation programs and to engage th e
community in on-going preservation efforts .
Elk Grove,$22,500 . Prepare a historic context statement for the Elk Grove Histori c
District Special Planning Area and surrounding neighborhood .
La Quinta,$10,000. Digitize two City of La Quinta historic properties surveys an d
make them available on the City's website as part of its outreach and public educatio n
program .
Los Angeles,$22,500 . Expand the Participation and Outreach Implementation Program
for SurveyLA including the development of a social media strategy . It will focus on th e
following 12 community plan areas, along with industrial-zoned properties citywide : 1 )
Venice ; 2) Westwood ; 3) Wilshire ; 4) Van Nuys-North Sherman Oaks ; 5) Chatsworth-
Porter Ranch ; 6) Northridge ; 7) Reseda-West Van Nuys ; 8) Granada Hills-Knollwood ;
9) Sylmar ; 10) Sun Valley-La Tuna Canyon ; 11) Northeast Los Angeles ; and 12) th e
Los Angeles International Airport .
Monterey,$22,500 . Prepare a historic context statement and reconnaissance histori c
survey for the New Monterey Residential Neighborhood and the New Montere y
Business District .
Norco,$12,000 . Extend the City's historic context statement to address its modern era ,
from 1946 through 1966 .
Pasadena,$22,500 . Prepare a Multiple Property Documentation Form about cultura l
landscapes in Pasadena, concentrating on historic designed landscapes from the turn o f
the twentieth century through the recent past .
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CLG program (CHC 103-11)
Attachment 3
Page 5
Riverside,$22,500 . Prepare a historic context and intensive-level survey for th e
proposed Cliffside Historic District which includes a cohesive collection of homes of th e
recent past, dating from 1950-1960 .
Sacramento,$22,500 . Revise and expand the City of Sacramento's historic context t o
provide direction and guidance for future historical and cultural resources surveys .
San Francisco,$22,500 . Prepare a historic context and survey of residential trac t
developments constructed from 1930-1950 in the Sunset District .
Economic Benefit s
Although there are no direct economic benefits to becoming a CLG other than the opportunity t o
compete for CLG grants, the City's commitment to historic preservation does result in multipl e
economic benefits . Where preservation is supported by local government policies an d
incentives, designation can increase property values and pride of place . Revitalization of histori c
downtowns and adaptive reuse of historic districts and buildings conserves resources, uses
existing infrastructure, generates local jobs and purchasing, supports small business developmen t
and heritage tourism and enhances quality of life and community character .
Autonom y
When the City decides to become a CLG, it agrees to carry out the intent of the NHPA and th e
Secretary of the Interior's Standards . OHP plays an advisory role in reviewing the loca l
government's historic preservation program structure and processes to ensure they achieve a
good balance between development and preservation . OHP may also make suggestions abou t
strategies a local government can use to accomplish its goals and objectives . Beyond that, neithe r
the NPS nor OHP have any regulatory authority over local governments.
Neither the NPS nor OHP dictate the content of historic preservation plans or ordinances ; neither
the NPS nor OHP review nor is their approval needed prior to the selection and appointment o f
individual local preservation committee members by local government officials . In no way is th e
autonomy of a local government decreased by becoming a CLG . However, a CLG may be
decertified if it establishes policies or adopts practices that violate the intent of the Nationa l
Historic Preservation Act . Also, the City is able to opt out of the program at any time .
CONCLUSIO N
The Cultural Heritage Committee meets all of the features and services required under the CL G
program and the City already has an Ordinance and Guidelines that meet the CLG requirements .
Other than the initial application, maintaining CLG status requires annual reporting to OHP . I f
the state recognizes San Luis Obispo as a CLG, the City would become eligible for financia l
support for preservation activities, and expedited approval of environmental and Section 10 6
reports . More importantly, CLG is a tool for achieving community preservation goals .
ATTACHMENT S
1)OHP overview of CLG progra m
2)CLG application narratives (One of several required components of the CLG application
3)Draft City Council Resolution authorizing CLG application
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Attachment 4
City Council Resolution No . (2011 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO APPROVING TH E
APPLICATION AND CERTIFICATION AGREEMENT FOR THE CERTIFIED LOCA L
GOVERNMENT PROGRAM
WHEREAS, The United States Congress under the National Historic Preservation Act o f
1966, amended (16 U .S .C . 470), has authorized the establishment of a Certified Local Governmen t
program ; and
WHEREAS, the State of California, represented by the State Historic Preservation Officer ,
is responsible for the administration of the program within the state and the establishment o f
necessary rules and procedures governing the application by local agencies under the program ; and
WHEREAS, said adopted procedures established by the State of California require the
applicant to certify by resolution of the local government's elected officials the approval of a n
application prior to submission of said application to the state ; an d
WHEREAS, notices of said public hearing was made at the time and in the manne r
required by law ; an d
WHEREAS, the City Council has duly considered all evidence, including the testimony o f
the applicant, interested parties, and the evaluation and recommendations by staff', presented at sai d
hearing .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Lui s
Obispo as follows :
1.Approve the filing of an application for certification under the Certified Loca l
Government Program ; and
2.Appoint the Community Development Director or authorized deputy as agent of the city to
coordinate, process, and execute all contracts, agreements, amendments, and ancillar y
documents within the scope of the attached application for certification .
On motion of , seconded by , and on the
following roll call vote :
AYES :
NOES :
ABSENT :
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Attachment 4Resolution No . []
Certified Local Government Program, December 2011 (CHC 103-11 )
Page 2
The foregoing resolution was passed and adopted this day of , 2011 .
Mayor Jan Howell Mar x
ATTEST :
Elaina Cano, City Clerk
APPROVED AS TO FORM :
T :\Community Development\CARs\CLG Council Reso 12-13-11 .docx
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