HomeMy WebLinkAbout1987-10-20; City Council; 9191; Historic Preservation Grants-in-FundsClf- OF CARLSBAD - AGENC BILL
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AB# ?/9/ TITLE: APPROVAL OF THE APPLICATION AND DEPT. HD.a \ MTG 10120187 CERTIFICATION FOR CERTIFIED LOCAL .-
DEPT. RED GOVERNMENT STATUS
RECOMMENDED ACTION:
If Council concurs, your action is to adopt Resolution No.9262 which would approve an application and certification agreement with the State of California for the Certified Local Government Historic Preservation Program.
ITEM EXPLANATION:
The Historic Preservation Commission is recommending the City Council apply to the State of California for Certified Local Government status. This is a nationwide program established by the National Trust for Historic Preservation to provide financial assistance to preserve historic properties, buildings, structures, sites, neighborhoods and other places of importance. A local government can participate directly in this program when the State Historic Preservation Office certifies that local government has established its own Historic Preservation Commission and a program meeting Federal and State standards.
Certified local governments are eligible to apply for especially earmarked grants from their State Historic Preservation Office. Following acceptance as a Certified Local Government, they will become part of a national technical assistance network. Certified local governments will receive technical assistance and training from the State Historic Preservation Office.
FISCAL IMPACT:
With "certified local government11 status The City of Carlsbad would be eligible for grant funds for Historic Preservation activity. These grants must be matched, in kind either with
0 cash or volunteer labor.
w > I EXHIBITS: 0 ii? e l- Resolution No. 7262
Report on the Certified Local Governments in the National Historic Preservation Program.
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RESOLUTION NO. 9262
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE APPLICATION AND CERTIFICATION AGREXMENT FOR THE CERTIFIED LOCAL GOVERNMENT HISTORIC PRESERVATION PROGRAM.
4 WHEREAS, the Congress under Public Law 89-665 has
5 authorized the establishment of a Certified Local Government
6 Historic Preservation Program; and
7 WHEREAS, the State Department of Parks and Recreation is
8 responsible for the administration of the program within the
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state, setting up necessary rules and procedures governing
application by local agencies under the program; and
11 WHEREAS, said adopted procedures established by the
12 State Department of Parks and Recreation require the
13 applicant to certify by resolution the approval of
applications prior to submission of said applications to the
4 state;
16 I/ NOW, THEREFORE, BE IT RESOLVED that the City Council of
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the City of Carlsbad, California hereby:
1. Approves the filing of an application for certification under the Certified Local Government Historic Preservation Program.
2. Appoints the Mayor of the City of Carlsbad or his authorized deputy as agent of the City to coordinate, process, and execute all contracts, agreements, amendments, and ancillary documents within the scope of the attached application for certification.
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. ' PASSED, APPROVED AND ADOPTED at a regular meeting of the
1 City Council of the City of Carlsbad, California, held on the
2 20th day of October, 1987, by the following vote, to wit:
3 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
4 NOES: None
5 ABSENT: None
6 ABSTAIN: None
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8 ATTEST:
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C!LAUD% Ai LEWIS, Mayor
ALETHA L. RhENKRANZ, City qlerk
(SE=J)
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STATE OF CALIFORNIA DEPARTMENT OF PARKS AND REKREATION
NATIONAL HISTORIC PRESERVATION ACT OF 1966 CERTIFIED LOCAL GOVERNMENT PROGRAM CERTIFICATION AGREEMENT
PARTICIPANT: CITY OF CARLSBAD
RECITALS:
11 The Participant agrees to execute and administer a
program for the identification and protection of historic
architectural and archeological resources throughout its
jurisdiction according to the terms contained in the State of
California's llProcedures for Certified Local Government
Historic Preservation ProgramI' (lfProcedurestl), incorporated
herein as Exhibit A, as approved by the National Park
Service, Department of the Interior, according to the
provisions of the National Historic Preservation Act of 1966,
as amended in 1980 (16 USC 470: Public Laws 89-665 and 96-
515).
2) This agreement shall begin on the date it is signed by
the State Historic Preservation Officer (SHPO), and shall
remain in effect unless the Participant requests
decertification as a Certified Local Government or is
decertified by the SHPO, pursuant to the Procedures.
3) The Participant shall meet the provisions of the
Threshold Level of Participation delineated in the
Procedures: enforce appropriate state and local legislation
for the designation and protection of historic properties;
establish an adequate and qualified historic preservation
review commission (I'Review Commissionft) by local law;
maintain a system for the survey and inventory of historic
properties; provide for adequate public participation in the
local historic preservation program, including the process of
recommending properties for nomination to the National
Register of Historic Places (ttNational Register") and
satisfactorily perform the responsibilities delegated to it
by the state.
4) The SHPO shall submit all recommendations for
nominations to the National Register for properties in the
Participant's jurisdiction to the Participant for review and
comment by the Review Commission. The Participant agrees to
ensure that the professional technical expertise related to
the subject of each recommendation for nomination is either
available on the Review Commission or is obtained pursuant to
the Procedures.
5) The Participant shall enforce its historic preservation
ordinance, a copy of which is incorporated herein as Exhibit
B; the Participant shall obtain the prior approval of the
SHPO for any amendments to said ordinance.
6) The Participant and SHPO shall comply with all
applicable laws, rules, and regulations pertaining to the
execution and administration of the terms of the Procedures.
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7) The SHPO shall inform the Participant.of procedures for
applying for grant funds for which the Participant is
eligible as a Certified Local Government.
STATE OF CALIFORNIA PARTICIPANT
BY BY
State Historic Preservation Officer Agthorized Representative
Date
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Title CLAUDE A. LEWIS, Mayor
Date April 13, 1988
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CEiiTIFIED LOCAL COVEFWENT
HISTORIC PRESERVATION PROGRAM
CERTIFICATION APPLICATION
The city County of request9 certification ants historic preservation program in accordance with the
Procedures for Certified Local Government Historic Preservation Program of the State of California.
t1e request certification at the participation. threshhold expanded level of
Enclosed are : I 1
Copy of the local historic preservation legislation (ordinance, etc.)
Copy of local government charter,
administered with description of the boundaries
Resumes for each of the members of.the historic preservation commission
Names, resumes, and phone numbers, where appropriate, of staff members -responsible for administration of the historic preservation program for
commission or local government .
If begun, evidence of cultural resources survey(s) performed in the
community, with information on the progress and future intended uses of
the survey
Brief explanation of activities proposed by the local government to
provide the state with preliminary information on suggested work
functions for the selected level of participation
Brief description of how this local government meets each of the
requirements listed in the Procedures (pages 3-6, I-IV)
Resolution adopted authorizing application for Certified Local Govern-
ment status and specifying title of person authorized to sign program
documents and agreements \
I assure the State of California that this government fulfills and shall fulfil1 all the requirements of the certification standards.
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/ / Chief Elected Official
October 26, 1987
Date
CLAUDE A. LEWIS, Mayor m: L,^
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Certified Local
Governments
in the
National Historic
Preservation
Program
. l Benefits of Becoming A
I * Certified Local Government Spciial grants from St‘ltt? ‘Elit;tc,ric
&se~2tion Oft’icers
Local historic preservation exper- tise recognized by State and
Federal agencies
Technical assistance and training
from State Historic Preservation
Officers
Participation in nominations to the
National Register of Historic Places
National historic preservation
assistance network: publications,
professional assistance
Information exchange with State
Historic Preservation Officers
Participation in statewide presewa-
tion programs and planning
Responsibilities of a
Certified Local Government
l Maintain a historic preservation commission
l Survey local historic properties
l Enforce State or local preservation
laws
l Provide for public participation
l Other functions delegated or re- quired by the State, such as the
enactment of historic preservation ordinances or zoning restrictions
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Captions: Clockwise from the top -
Historic District Commission, Shelbyville, Kentuchy tShelb\ County Community Development Corp., Shelbyville,
Kentucky).
Park City, Utah (Debbie Temme).
Historic buildings survey, (The Historic Didrict Commi-ion
Historic Preservation Advisory Committee, Citb of
Caithersburg, hlaryland).
Wilmington City Hall-Thalian Hall (William I. hnc\ ir..
Historic American Buildings Survey, NC G-b% ILAt. A-3.
HABS NC 7-3).
Park City, Utah. Department of Communlt\ Ik’\clo}~t~l~‘rlt.
Planning a historic buildings survey. CThe Historic
District Commission, Historic Preservation Advisory
Committee, City of Gaithersburg, Maryland).
W hat is a =Certified Local Government?
The National Historic Preservation Act established a nationwide program of
financial and technical assistance to
pres&ve historic properties-buildings,
structures, sites, neighborhoods, and
dther places of importance in the
historical and cultural life of the nation. A
local government can participate directly
in this program when the State Historic
Preservation Officer certifies that the local
government has established its own
historic preservation commission and a
program meeting Federal and State stan-
dards. A local government that receives
such certification is known as a “Certified
Local Government” or “CLG.”
W hat are the Benefits of Becom-
ing a Certified Local Government?
Certified Local Governments are eligible to apply for especially earmarked grants
from their State Historic Preservation Of- ficer. At least ten percent of the annual
Historic Preservation Fund grant made to States under the National Historic Preser- vation Act must be distributed among
Certified Local Governments.
Certified ‘Local Go\,ernments are recng-
nize,d bv Federal ‘jnd St,lte ,\cencies ‘1~
I uvin s ;peci;ll c\pertiit‘ in hiitoric
prtt5er~~atl~~n.
Certified Local Governments recei\.e technical assistance and training from their State Historic Preservation Offices. Such training and assistance can help a
communitir pursue its preservation qals
and its plans for de\~elopment.
Certified Local Governments review\,
nominations of properties i\,ithin their jurisdictions to the National Register of
Historic Places before such nominations
are submitted to the State Historic Preser- vation Officer. This provides for formal local participation in the identification and national recognition of their historic resources.
Motor Mill, Clayton County, Iowa (courtesy of !owa State
Historic Preservation Office, Iowa State HibtoricJl
Deptiment).
Certified Local Governments become part
oi a national technical assistance netlvork.
Thev recei\,e publicL>tions issued ix. their Stat; Historic I’xwrx~ation Office ,I:ld b\,
the National P,lrk Ser\.ice. Thtl\, An\)\\.
ivho in the State Historic I’r&r\.,ltion Oi-
iice to call upon t’or assistance, Jncl hnI\~ to obtain aid from National Park Service
offices such as the National Register.
Technical Preserx.ation Serx.ices. Historic American Buildings Surx*ey, and the
Historic American Engineering Record.
Representatives from Certified Local
Governments are provided the opportu- nity to meet periodically \vith their State Historic Preservation 02fice, sharing ex- perience and information.
Certified Local Governments provide local
perspective to the plans and programs of
their State Historic Preservation Offices,
including statewide planning for preser-
vation and development.
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Park City, Utah (Department oi Community Develop-
ment, Park City, Utah,.
Guyton, Georgia (James R. Lockhart).
why should a local government
participate in the Certified Local Government Program?
Obtaining status as a Certified Local Government can help a local government encourage, develop, and maintain its local preservation efforts in coordination with its development plans.
No one benefits as much from the preser-
vation of local historic sites and buildings
nor suffers as much by their destruction
as the citizens of a community. It is they who live and work in historic homes and
neighborhoods, who see the effects of
rehabilitation projects every day, and who
enjoy the economic and social benefits
that rehabilitation of the community’s historic properties bring. It is they who feel most personally the loss of a treasured local landmark.
Each historic building and structure
represents a community investment that
should not be discarded lightly; maintain-
ing and rehabilitating older buildings and
neighborhoods can mean savings in time, money, and raw materials. The preserva- tion of a community’s historical resources will enrich the lives of its inhabitants now and in the future.
W hat sorts of resources must be
present in a community to make
it eligible to become a Certified
Local Government?
The national historic preservation pro- gram is concerned with preserving the integrity of properties significant in American history, architecture, engineer- ing, archeology, and culture. Properties
significant to the history, prehistory, architecture or culture of local com- munities are specifically included. A com-
munity’s historic resources might include
a vita1 ethnic neighborhood, a Queen
Anne residence, a block of nineteenth
century warehouses or stores, a 1930s bungalow, a park, a group of farms in their rural landscape, a shipwreck in a harbor, or the archeological remains of an early historic commercia! district or a prehistoric Indian village. In short, the
national historic preservation program is interested in preserving the integrity of the history of all localities-regardless of what that history is.
what kinds of projects can be funded by grants to Certified
Local Governments?
Many kinds of projects can be assisted by State grants to Certified Local Govern- ments. Some examples are:
l survey and inventory of historic
buildings and other historic features
of a community such as parks,
fences, roads, and bridges
l survey of local prehistoric and historic archeological resources
l preparation of nominations of local properties to the National Register of Historic Places.
.. activities related to comprehensive community planning such as:
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- provfiding staff support for a Cer-
tified Local Government’s historic
preservation commission
- developing published design
guidelines for use by historic
preservation commissions in Cer- tified Local Governments in their review of new construction and alterations to properties within historic districts
- writing or ammending preserva-
tion ordinances
- preparing preservation plans for the protection of local historic
resources
l testing archeological sites to deter-
mine their significance
l programs for public education in
historic preservation such as:
- preparing and producing exhibits
and brochures concerning local
historical resources and their pro-
tection and the activities of the historic preservation commission
- preparing special events that educate the public about local history, the community’s historic resources, and preservation issues.
C an Certified Local Govem-
ments apply for funds from their State Historic Preservation
Officer other than funds speci- fically earmarked for the Cer- tif ied Local Governments?
Bradley Building, Cleveland, Ohio (Cleveland Land-
marks Commission).
Yes, but so can other governments that are not Certified Local Governments, as well as non-governmental institutions, organizations, and individuals. Status as a Certified Local Government gives local governments an advantage in the com- petition for scarce funds as their pro-
grams are already coordinated with their
State Historic Preservation Office.
what is the National Register of Historic Places, and what is the involvement of Certified Local Governments in the pro- cess of nominating and review- ing nominations to it?
The National Register is a working list of properties determined to be of national, State, or local significance and worthy of preservation and consideration in plan- ning or development decisions. The National Register is maintained by the National Park Service in Washington, D.C.
Fiedrick, Maryland (Harriet Wise).
Properties are listed in the National
Register primarily through nominations
by, State Historic Preservation Officers.
The SignifiCanCe of potential entries in the
National Register are reviewed against established criteria. These criteria,
established by the National Park Service, are worded in a flexible manner to pro- vide for the diversity of resources across
the country. Sources of further informa-
tion concerning the National Register are listed at the end of this booklet.
Certified Local Governments pariicipate
in the National Register nomination proc-
ess by reviewing all nominations of prl~p-
erties in their jurisdictions. Before a ,p,V’- erty within the jurisdiction of a CertWd
Local Government may be nominated t3!’ the State Historic Preservation Officer tc’r inclusion on the National Register, tllc State Historic Preservation Officer nlllyt
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notifv the local historic preservation com-
mission, the chief elected official, and the
,\,.ner of the property. After providing
,,pportunity for public comment, the historic preservation commission can
Frepafe a reP ort as to whether or not, in
its 13Flnion, the property meets the iriteria of the National Register. Subject
to appeal, if both the chief elected official and the local historlc PreSerVatiOn com-
n,ission recommend that the property not be nominated to the National Register,
the State Historic Preservation Officer can
take no further action on its nomination.
The property may! however, be formally
determined eligible for the National
Register, even though it may not be nominated, to ensure that Federal agen-
cies tt~dl Consider it if Federal assistance
or a Federal license is involved in projects
that will affect it.
H ow does listing on the Na-
tional Register benefit Certified
Local Governments?
National Register listing can enrich local
preservation effbrts by publicly establishing that local properties are
significant enough to merit national
recognition.
Federal tax law provides incentives for
the preservation of properties listed on the National Register or included within registered historic districts. Investment tax credits are provided for the substan- tial rehabilitation of certified historic
structures, and tax deductions are permit- ted for the contribution of easements on
historic properties to qualified entities. C‘urrent information on Federal tax incen- ti\.cs can be obtained from your State 1 iistoric Preservation Officer, or from the %ltional Park Service’s Regional Office in “Our area. Your State Historic Preserva-
tic)n Officer can also provide information “” State incentives for the preservation of Ilistoric properties. 11
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L Tpe National Register is cetllral to a number of Federal programs that en-
. * courage protection and improvement of historic properties. A description of several such programs that may be of use to local governments can be found in Ap- pendix II of the revised National Park
Service publication, Guidelines ,for Lo&
Survey: A Basis for Presemation Platming.
National Register status, or a determina-
tion that a property is eligible for the
National Register, Identifies a property as one whose historical value must be con- sidered in planning by Federal agencies and by communities using Community
Development Block Grants and other
forms of Federal assistance. These agen-
cies and communities are required by the National Historic Preservation Act to ob- tain the comments of the State Historic Preservation Officer and the Advisory Council on Historic Preservation on the effects of their projects. Further informa- tion on the Advisory Council can be ob- tained from the sources listed at the end of this booklet.
W hat is a Certified Local Government required to do?
The National Historic Preservation Act. re- quires that a Certified Local Government:
l enforce State or local legislation for the designation and protection of historic properties,
l establish and maintain a qualified historic preservation commission,
l maintain a system for the survey and inventory of historic properties in coor- dination with its State Historic Preser-
vation Office,
l provide for public participation in its activities, and
l perform other agreed upon functions
delegated to it by its State Historic
Preservation Officer.
L ocal preservation ordinance
Manv States require local governments to
enact historic preservation ordinances as a
condition of certification. The require- ments of such legislation vary ividely. For example, some States require that local governments have the authority to estab- lish historic districts which are protected by zoning restrictions. Other States re- quire the delineation of historic districts but do not require local zoning ordinances.
The National Park Service encourages the enactment of local preservation legislation
for the protection and designation of
historic properties. Several publications that detail some common issues concern- ing local preservation ordinances are
listed in the publications section below.
To find out the policy of your State
regarding local ordinances, contact your State Historic Preservation Officer.
H istoric Preservation
Commissions
Many communities already have historic preservation commissions that designate historic structures, sites, and districts in accordance with criteria established by the ordinances under whose authority they operate. Usually these commissions also have the authority to review proposed
changes to designated buildings and
structures and the design of new con-
struction near historic buildings or within
historic districts. The degree of authority
granted to such commissions varies wide-
Iv; some commissions are basicallv ad-
&sow bodies, while others have the
power to control alteration or prohibit the
demolition of designated properties.
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. TO participate as a Certified Local
. - Go\.ernment, a local pwnment must establish a historic preser\.ation - C”mrnis- sion according to State Lx local Ia\v, and
give the commission responsibilities and
authorities coordinated with those of the
State Historic Preservation Officer.
W hat is a historic preservation commission required to do?
Historic preservation KmUniSSiOns of Cer- tified Local Governments are established in coordination with State Historic Preser. vation Office procedures. Thev are designed to meet the needs oi individudl communities and to complement the preservation program administered by. thtl State Historic Preservation Officer. Ail historic preservation commissions of Cer-
tified Local Governments review nornina-
tions of local resources to the National
Register.
Some States require that commissions
review and make decisions on alteration
or demolition of designated historic prcji’- erties, and that they establish and use written guidelines for their rex?ietv. In other States, such reviews are optional. In others, the primary activitv of a local historic preservation commis&on is de-
fined by the State as educating the
citizens within its jurisdiction about historic preservation. To find out ichat 15 required of local historic preservation commissions in the Certified Local
Government program in your State, con-
tact your State Historic Preservation Officer.
wh o is qualified to serve on historic preservation commit-
sions of the Certified Local
Governments? National Park Service reguhti~\I~+ ~!~‘t:!lc’
an “adequate and qualified” hi*t~~l.l~
presemation review cornrnl5~l~ll\ .I* (‘!!” ” which all members have L~t’l;l~‘Il~:!-.!:l’.i ”
terest, competence, or knowledge in
\,istoric preservation. The regulations say tl,Jt professionals from among the fields
,,f architecture, history, architectural
history, planning, archeology, or some
historic preservation disciplines, such as Llrban planning, American Studies,
American Civilization, cultural geography,
iIr cultural anthropology, should be ap- p‘jinted to the commlsslqn to the extent ,,\.aJable in the community.
The kinds of expertise needed on historic l,resemation review commissions will \.ar\r to some extent with the nature of l&l historic properties. For example, if a cLJmmunity was once the site of signifi- cant developments in prehistory, it would be ivell to include a prehistoric arche-
L~~ogist. If a community contains many
buildings representing different architec- tural styles and periods, the presence of an architectural historian on the commis- sion would be important.
’ nion National Bank, Eau Claire, Wisconsin (Mary 1 .I\ lw.
-W h’at if there are no profes-
‘I sionals in the fields recommend-
ed by the regulations who live
in a community or are willing
to serve on a historic preserva-
tion commission?
The regulations for Certified Local
Governments stipulate only that all members of a local historic presemation
commission must have demonstrated in-
terest, competence, or knowledge of
historic preservation. Certified Local
Governments are required to appoint pro- fessionals from the disciplines listed to the extent available in the communitv.
However, subject to some restrictions,
each State may specify the minimum number and type of professional
members that the local government must appoint to its commission. If a local government is certified with a historic
McLaughlin Historic District, Oregon City, Oregon
(Oregon City Planning Department).
preservation commission lacking the full range of professional expertise required by the regulations, the State must require that the communrtv obtain specific etper- tise as necessary. For example. if a
historic preservation commission is to
consider a prehistoric archeological site for nomination to the National Register, and the commission has no member with expertise in that field, the State must re- qure that it consult ivith a professional prehistoric archeologist before its decision
is forwarded to the State Historic Preser-
vation Officer.
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Archeological test excavation, Baltimore County,
Maryland (Maryland Historic Trust).
Preservation Publications and
Information
The followmp LS a partml list of puhlmtms. some free and some
for sale, that may be helpful to local governments For further m-
formation, you are encouraged to I\ nte your State Hlstonc Preser-
vatIon Offwr. your regIonal otfre of the Satlonal Park Seruce.
the Sdtwnal Trust tar Htsturic Presematum, UT the Adv~sury
Counill on Hwonc rrecrn,ltlon
Pv.Yr’tiltn’i ‘,‘* -!:‘J’rPT’t’.i .;!.I!,’ cl>:2 L,,,,i, ~~.XWIII<II~ H:.:,Y:~ Pr,~wr;~~~-
t:,ru l%~r~Ivl. i!W! R;c!c 30 C F R. l’xt @l. Depntment of the In-
teT1Llr. ~;.atwnJl rtlrh >l’r-! tie i:,.i~.t; R<y~w \‘,A u so 73. Part
v pages I48w14~1~~ A~“:1 !3. I”S.l
.~r,-l,~‘,‘!.~~:,-.~: j,,,c, ::, :i:,:.:, .;II./ Lf+ Th,vms F K;ln$. Satwnal
r’arh seivie. L I, t?~~F.mw,t i,t the Inteni~r i\.dwyton. D C
T!,k. Br,w, fi,rti .I Ll:.c,, :.‘T , ) ,“.,,.c,r: .it:<‘l! !~!‘,,~m,it:,w Dome Slad.
de\ d~t,,r it :th ti1c.n Ii. \I.l:>h The I’re-~r!.cltl<~ll I‘w*s. ?iJtltlndl
rru,t t,~ HIs:t,,ili I’Y.c.-,J:w~ \\.1411n+~n D i id83
lb
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CERTIFIED LOCAL ORDINANCES AND
CERTIFIED LOCAL GOVERNMENTS -
LOCAL HISTORIC PRESERVATION PROGRAMS
Nearly ail California city and county governments have some jurisdiction over individual historic architectural or
archeological properties, or over historic districts. Two federal certification programs are available through the
California Office of Historic Preservation (OHP) for the protection of these historic resources. While both of these
programs have very similar names, and are based on the same local ordinance provisions, each has a benefit not
available through the other.
CERTIFIED LOCAL ORDINANCE/LOCAL DISTRICT: Tax Benefits
A government may apply for Certified Local Ordinance status when it has developed an ordinance that establishes a
historic preservation review commission responsible both for the identification of historic properties and for at
least review and comment on proposed projects affecting significant properties. Once the ordinance is certified, the
review commission may designate local historic districts that qualify for Certified Local District status if they meet
National Register of Historic Places criteria.
Property owners are eligible for federal 2096 investment tax credits for the costs of rehabilitation work on income-
producing historic structures located in Certified Local Districts. In addition, this certification provides eligibility for
a charitable contribution tax deduction to owners of historic properties, including private residences, for donating
conservation easements for historic preservation purposes.
CERTIFIED LOCAL GOVERNMENT: Program .Participation and Grant Eligibility
A local government may be eligible to enter into an agreement with OHP as a Certified Local Government for local
participation in federal historic preservation programs administered through OHP. Eligibility is based on an ordi-
nance, as described above, with additional provisions for jurisdiction over the entire city or county, and for review
commissioners to represent preservation-related professions to the extent available in the community.
Governments having CLG status may choose to expand their involvement in such preservation programs as.nomi-
nations to the National Register, review of applications for rehabilitation investment tax credits, and environmental
review of projects having federal involvement. Qualified staff or consultants at the local level, working with OHP,
could expedite the review of these program components and provide the local perspective in project development.
Federal grant funds are distributed by OHP each year for preservation program activities; eligibility for these
competitive grants is limited to Certified Local Governments (CLGs).
APPLICATIONS
Applications for CLG status involve completing a local preservation program summary and obtaining a resolution
from the governing body authorizing the application, as well as two copies of the preservation ordinance and
resumes of all review commissioners. The only materials necessary for a Certified Local Ordinance application are
two copies of the ordinance and a letter from the duly authorized representative submitting the request. Both
application packets are available through OHP. The same ordinance serves as the basis for both forms of certifi-
cation, each of which has an exclusive benefit. OHP recommends that both certifications be obtained to assist
in the planning process of identifying and protecting significant cultural resources. Each may be obtained
individually.
For application materials and further information on these federal certification programs, contact Connie Finster at
OHP at (916) 322-9608, or write to the address below.
CALIFORNIA OFFICE OF HISTORIC PRESERVATION
Post Office Box 942896, Sacramento, California, 94296-0001 l (916) 4458006
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, -mAfE OF CALIFORNIA -THE RESOuRs AGENCY GEORGE DEUKMEJIAN, Gouemor
: OFFS& OF HWORIC PRESERVATION
.t DEPARTMENT OF PARKS AND RECREATION
POST OFFICE BOX 842896
SACRAMENTO, CALIFORNIA 94295.0001
1916) 445-Qoo6
HISTORIC PRESERVATION
LOCAL GOVERNMENT CERTIFICATION PROGRAM
PROVIDES GRANT ELIGIBILITY
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The California Office of Historic Preservation is pleased to announce a new
federal preservation program that significantly expands the crucial role of
local governments in the protection of their cultural resources.
Cities and counties with official legislation for identifying and preserving
their historic architectural and archeological resources are eligible for
federal status as Certified Local Governments (CLGs). Through a separate federal program, some governments already have Certified Local Ordinances that in most cases meet the requirements for CLG status.
Governments having CLG status may choose to expand their involvement in such preservation programs as nominations to the National Register of Historic
Places, review of building rehabilitation plans for investment tax credits,
and environmental review of projects having federal involvement. Qualified staff or consultants at the local level, working with this office, could
expedite the review of these program components and provide the local
perspective in project development.
Local governments that have achieved CLG status are also eligible to apply for funds from the Historic Preservation Fund. Congress has established a pass-through grant program whereby at least ten percent of California's annual federal grant.for statewide historic preservation is distributed on
a competitive basis to CLG s for local preservation programs.
Iocal preservation groups can use the CLG program as a method of organising
local planning efforts involving existing cultural resources.
There is no deadline for applying for CLG status. However, a government must
already be certified in order to apply for the CLG grant funds by the grant application deadline of December 1 of each year. The certification review period includes up to 45 days for this office's review-and fifteen days for official federal certification. The grant application is a separate form from the certification application.
If you have any questions on this program or on the attached certification application form, or you would like to request a grant application form or further information on preparing a local preservation ordinance, please
contact Connie Finster of my staff at (916) 322-9608.
State Historic Preservation Officer
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CERTIFIED LOCAL GOVERNMENT
HISTORIC PRESERVATION PROGRAM
CERTIFICATION APPLICATION
The City County of requests
certification o=ts historic preservation program in accordance with the Procedures for Certified Local Government Historic Preservation Program
of the State of California.
We request certification at the
participation. threshhold expanded level of
Enclosed are: 4 I
Copy of the local historic preservation legislation (ordinance, etc.)
Copy of local government charter,
administered
with description of the boundaries
Resumes for each of the members of the historic preservation commission
Names, resumes, and phone numbers, where appropriate, of staff members
-responsible for administration of the historic preservation program for
commission or local. government
If began, evidence of cultural resources survey(s) performed in the
community, with information on the progress and future intended uses of
the survey
Brief explanation of activities proposed by the local government to
provide the state with preliminary information on suggested work
functions for the selected level of participation
Brief description of how this local government meets each of the
requirements listed in the Procedures (pages 3-6, I-IV)
Resolution adopted authorizing application for Certified Local Govern-
ment status and specifying title of person authorised to sign program documents and agreements
I assure the State of California that this government fulfills and shall
fulfil1 all the requirements of the certification standards.
Signature of Chief Elected Official Date
SAMPLE RESOLUTION--CLG CERTIFICATION APPLICATION
A resolution from the CLG's governing body must accompany the application.
This sample shows a resolution to be passed by a city council. Simple
changes will make it applicable to any governing body.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL
CITY OF
APPROVING THE APPLICATION AND CERTIFICATION AGRZEMEXT
FOR THE CERTIFIED LOCAL GOVERXMENT HISTORIC PRESERVATION PROGRAM
WHEREAS, the Congress under Public Law 89-665 has authorized the establish- ment of a Certified Local Government Historic Preservation Program; and
WHEREAS, the State Department of Parks and Recreation is responsible for
the administration of the program within the state, setting up necessary rules and procedures governing application by local agencies under the
program: and .
WHEREAS, said adopted procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications prior to submission of said applications to the
state:
NOW, THEP.E?OFX, EE IT RESOLVED that the City Council hereby:
1. Approves the filing of an application for certification under the Certified Local Government Historic Preservation Program;
and
2. Appoints the (title) or his
authorized deputy as agent of the city to coordinate, process, and execute all contracts, agreements, amendments, and ancillary
documents within the scope of the attached application for
certification.
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COURT PAPER *TAT= 0, cALI.o”Na* *ro 113 ,lL” 8.711
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SAMPLE
STATE OF CALIFORNIA Department of Parks and Recreation
National Historic Preservation Act of 1966 Certified Local Government Program
CERTIFICATION AGREEMENT
Participant:
Recitals:
1) The Participant agrees to execute and administer a program for the
identification and protection of historic architectural and archeological
resources throughout its jurisdiction according to the terms contained in the
State of California's "Procedures for Certified Local Government Historic
Preservation Program'* ("Procedures"), incorporated herein as Exhibit A, as
approved by the National Park Service, Department of the Interior, according
to the provisions of the National Historic Preservation Act of 1966, as amended
in 1980 (16 USC 470: Public Laws 89-665 and 96-515).
2) This agreement shall begin on the date it is signed by the State Historic
Preservation Officer (SHPO) , and shall remain in effect unless the Participant
requests decertification as a Certified Local Government or is decertified by
the SHPO, pursuant to the Procedures.
3) The Participant shall meet the provisions of the Threshold Level of
Participation delineated in the Procedures: enforce appropriate state and local
legislation for the designation and protection of historic properties; establish
an adequate and qualified historic preservation review commission ("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 preservation program, including the process of recommending properties
for nomination to the National Register of Historic Places ("National Register")
and satisfactorily perform the responsibilities delegated to it by the state.
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COURT PAPER sT*T* 0, CILl,O”IIIA STD 113 ,RL”. 6.72)
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4) The SHPO shall submit all recommendations for nominations to the National
Register for properties in the Participant's jurisdiction to the Participant for
review and comment by the Review Commission. The Participant agrees to ensure
that the professional technical expertise related to the subject of each
recommendation for nomination is either available on the Review Commission or is
obtained pursuant to the Procedures.
5) The Participant shall enforce its historic preservation ordinance, a copy
of which is incorporated herein as Exhibit B; the Participant shall obtain the
prior approval of the SHPO for any amendments to said ordinance.
6) The Participant and SHPO shall comply with all applicable laws, rules, and
regulations pertaining to the execution and administration of the terms of the
Procedures.
7) The SHPO shall inform the Participant of procedures for applying for grant
funds for which the Participant is eligible as a Certified Local Government.
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STATE OF CALIFORNIA PARTICIPANT
BY State Historic Preservation Officer
Date Date
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Bv Authorized Representative
Title
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STATE OF CALIFORNIA
PROCEDURES FOR CERTIFIED LOCAL GOVERNMENT
HISTORIC PRESERVATION PROGRAM
INTRODUCTION
The 1980 amendments to the National Historic Preservation Act of 1966 provide for the establishment of a Certified Local Government (CLG) Program. This program allows for direct local government participation in California’s comprehensive statewide historic preservation plan.
The CLG Program encourages the preservation of significant cultural resources by
promoting a partnership between local governments and the State of California. Local involvement in preservation issues permits a CLG to assume a leadership role
in the preservation of the community’s cultural heritage and to have a formal participation in the National Register nomination review process. Local interests and
concerns are integrated into the official planning and decision-making processes at the ear Ii est possible opportunity.
Preserving historic properties as important reflections of our American heritage
became a national policy through passage of the Antiquities Act of 1906, the Historic
Sites Act of 1935, and the National Histork Preservation Act of 1966. In part, the National Historic Preservation Act ,of 1966 instructed the Federal Government to assist local governments to expand and accelerate their historic preservation programs and activities. Since enactment of the National Historic Preservation Act of 1966, the historic preservation expertise and activities of local governments have significantly increased. The act, however, provided no opportunity for local governments to be involved formally in the national historic preservation program administered by the Department of the Interior’s National Park Service (NPS). Lack
of formal participation by local governments often meant that historic preservation
issues were not considered until development planning was well under way. This often resulted in preservation/land development conflicts causing project delays and increasing costs. In addition, opportunities frequently were lost for preservation-oriented development that could satisfy both preservation and development goals.
In recognition of the need to involve local governments in historic preservation, the 1980 amendments to the 1966 act provided a specific role for local governments in the national program. The Secretary of the Interior (Secretary) is required by the amended legislation to develop regulations for the certification of local governments and for the allocation of Histor-ic Preservation Fund (HPF) monies by states to certified local governments. To qualify for certification, the amended legislation specifies that local governments must have certain administrative and legal
capacities. This legislation directs states with approved state historic preservation programs to develop a mechanism for the certification of qualified local governments. Once certified, a local government will be included in the process of nominating properties to the National Register of Historic Places and will be eligible to apply to the state for a share of the state’s annual HPF allocation.
At least ten percent (10%) of California’s annual HPF allocation shall be designated ’ : for transfer to the CLGs. CLGs receiving HPF grants shall be considered subgrantees , of the state. All CLGs shall be eligible to receive funds from the CLG share of the
state’s local annual HPF grant award. The state, however, is not required to award funds to all governments that are eligible to receive funds. At such time as Congress may appropriate more than $65,000,000.00 to the HPF, a different distribution formula will be in effect, resuItinq in a proportionately larger share to the CLGs.
Historic Preservation Fund grants shall be awarded to CLGs on a 50/50 matching basis. The matching share is a requirement to maintain consistency with standard federal allocations to state and to ensure standard accountability in fiscal management. Local financial management systems shall be in accordance with the standards specified in the federal Office of Management and Budget (OMB) Circular A-128 and shall also be auditable pursuant to the federal General Accounting Office’s “Standards for Audit of Governmental Organizations, Programs, Activities, and Functions.”
The California CLG program offers local governments an opportunity for involvement in historic preservation at two levels ‘of participation. A two-tier system of allocating HPF funds provides recognition for local governments capable of either assuming substantial responsibilities or opting for minimal participation in the program. Pass-through grant amounts shall be awarded commensurate with the level
of participation by the CLG. Threshold level of participation requires the local government to satisfy the five minimum requirements identified in the Code of Federal Regulations, 36 CFR Part 61. Supplemental allocation of funds for expanded level of participation shall be contingent upon satisfying additional requirements.
Responsibilities of the CLG shall be complementary to and carried out in coordination with those of the State Historic Preservation Office (SHPO) as outlined in 36 CFR 61.4(b).
THRESHOLD LEVEL OF PARTICIPATION
Any local government is eligible to apply for certification, with the exception of regional commissions and councils of governments. A local government is any general purpose political subdivision of California such as a city or a county. Local governments must:
I. Enforce appropriate state and local legislation for the designation and
protection of historic properties,
3. Establish an adequate and qualified historic preservation review commission by local law,
3. Maintain a system for the survey and inventory of historic properties,
4. Provide for adequate public participation in the local historic preservation program, including the process of recommending properties for nomination to the National Register, and
5. Satisfactorily perform the responsibilities delegated to it by tile stclte.
Local governments may be certified to participate in the CLG program at the
threshold level of participation by complying with the following requirements:
I. Enforce appropriate state or local legislation for the designation and protection of historic properties:
A. State enabling lqislation provides for local jurisdictjons to enact appropriate legislation. California Government Code Sections 65850, 25373. and 37361 enable city and county legislative bodies to provide for
“the protection, enhancement, perpetuation, or use of places, sites,
buildings, structures, works of art and other objects having a speciaJ character or special historical or aesthetic interest or value.”
R. Local governments are encouraged to adopt local historic preservation ordinances with provisions for designation and protection of historic and archeological resources.
c -. The appropriate legislation shall be consistent with the intent and purpose of the National Historic Preservation Act as amended in 1980.
11. Establish an adequate and qualified historic preservation review commission by state or local law:
A. Local governments must establish an adequate historic preservation review commission by local law. The commission shall include a minimum membership of five individuals with all members having demonstrated interest, competence, or knowledge in historic preservation.
FL Commission members sha!l be appointed from among professionals in the disciplines of architecture, history, architectural history, planning, ar cheo logy, or other historic preservation-related disciplines, such as urban planning. American studies, American civilization, cultural geography, or cultural anthropology, to the extent that such professionals are available. in the community. Commission membership shall a!so include lay mem hers who have demonstrated special interest,
competence, experience, or knowledge in historic preservation, American studies, cultural anthropology, cul tura! geography, or other historic preservation-related disciplines.
c. If a special expertise is not represented on the commission for the consideration of National Register nominations or other actions which are normally evaluated by a professional in such discipline, the local government shall obtain professional technical expertise from established organitations, institutions, public agencies, or other commissions, such as the State Office of Historic Preservation (OHPI, State Historical Resources Commission, regional archeological inforrnation renters, colleges or universities, AIA preservation officers, private preservation consultants, or regional councils of governments.
D. The local government must demonstrate that it has made a reasonable effort to fill positions on the commission with professional and lay members as high!y qualified, and representing as diverse a range nf disciplines, as possible.
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Commission members shall be appointed by the chief elected local official
and approved by the city council or board of supervisors. The chief elected local official shall make interim appointments to fill unexpired terms in the event of vacancies occurring during the term of members of the commission. The appointing authority shall act within sixty (60) days to fill a vacancy. Terms of office of the commission members shall be staggered and of two (21 year minimum duration (except as provided in the initiation of the commission).
The commission shall meet at least four (4) times per year. with meetings held at regular intervals, in a public place, advertised in advance, and open to the public, pursuant to the California Open Meeting Act. Written
minutes of commission meetings shall be kept on file and available for public inspection.
Each commission member is required to attend at least one informatjonai or educational meeting, seminar, workshop, or conference per year that pertains directly to the work and functions of the commission and would be approvable by the state. The annual State Historic Preservation Conference, sponsored by OHP, provides special sessions devoted to the issues, objectives, and responsibilities of commissions.
The commission shall publish procedural rules for registering historical
properties identified in a local cultural resources survey program for the National Register of Historic Places, in accordance with the requirements in the National Historic Preservation Act, Section 101(c)(2). The procedural requirements must include standards and criteria for individual
properties and districts with boundary identification, property owner
notification, public meeting format, and appeal procedures in accordance
with established National Register regulations. The CLG does not have the authority to nominate properties directly to the National Register.
The commission shall be responsible for overseeing the compiling,
recording, and updating of information on cultural resources within its
jurisdiction. The information shall be based on a comprehensive survey
which is conducted in conformance with state survey standards and procedures. Surveys corn pl eted prior to the certification of a local government must be done in accordance with state standards.
An annual report of the activities of the commission shall be submitted to the state at the end of each calendar year. The reports shall include, but not be limited to, such information as appointments to the commission, resumes of commission members and staff, attendance records of members, official minutes of the commission meetings, revisions in the enabling ordinance if applicable, sponsorship of special programs such as educational workshops or conferences, summaries of environmental review cases requiring commission comments, new landmarks and historic districts designated, review of National Register nominations. cultural resources survey updates, and other pertinent activities performed by the commission.
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. . . * III. Maintain a system for the survey and inventory of historic properties:
. . The CLG shall be responsible for organizing, developing, and administering an inventory of cultural resources within the entire spatial jurisdiction of the
CLG.
A. The commission shall develop procedures for conducting an inventory of
cultural resources. Survey activities shall be coordinated with and complementary to the state program to ensure that survey results produced by the CLG will be readily integrated into the statewide comprehensive historic preservation planning process.
I. As part of any ongoing survey effort, procedural requirements must allow for periodic update of survey results on an annual basis as
buildings gain maturity and as new areas are incorporated or annexed by the CLG.
2. The commission must adopt state guidelines for conducting its
inventory of historic properties. State-approved inventory forms
tDPR 5231, encoding sheets KJPR 6601, and the California Historic
Resources Inventory Survey Workbook shall he used to facilitate ‘I integration into the state electronic data system and for statewide comprehensive historic preservation planning purposes.
3. Procedural standards for evaluation of properties must be consistent with the National Register of Historic Places criteria.
B. The commission shall establish internal procedures to facilitate the use of survey results in the planning process by the CLG officials and departments. The commission shall submit survey results to the CLG. Copies of the survey must he on deposit at the local planning department and OHP. See IVB(2) below for public access requirements.
IV. Provide for adequate public participation in the local historic preservation program:
A. The CLG shall provide opportunities for public participation in all responsibilities delegated to the CLG, in accordance with appropriate regulations, standards, and guidelines.
R. The CLG shall encourage public participation in local historic preservation programs.
I. Public participation shall be fully encotrraged in direct involvement on the local historic preservation commission as professional or lav members. Commission meetings shall be open to the public. with
published agenda and minutes in accordance with the California Open Meeting Act. The published agenda shall be mailed in advance of meetings to individuals and citizen organizations interested in the commission’s activities.
2. Public participation shall he fully encouraged in the performance of ’ _I : the historic survey program at all levels of completion to identify ’ , and inventory significant cultural resources in the jurisdiction of the CLG. Survey results shall be of public record and on file at a public institution, except in the case of sensitive resources, e.g., archeological sites subject to vandalism.
3. Public participation and comment shall be fully encouraged in the nomination process for the National Register of Historic Places program. The CLC shall publish the procedures by which assessments of potential National Register nominations will be administered.
V. Satisfactorily perform the responsibilities delegated to the CLG:
A. The state shall monitor and evaluate the performance of the CLG for consistency with the identification, evaluation, and preservation priorities
of the comprehensive state historic preservation planning process.
1. The state shall conduct an annual review of CLGs to assure that
each government continues to meet the minimal requirements and is satisfactorily performing its responsibilities. As part of this review, the state shall examine the annual reports submitted by the CLGs, records of the administration of funds allocated from the HPF, and other documents as necessary. The CLG shall make these records available to the state.
3 . . If the state evaluation indicates that the CLG no longer meets the
minimal requirements or that in any other way a CLG’s performance
is not satisfactory, the state shall document that assessment and recommend to the local government steps to bring its performance
up to a satisfactory level. The CLG shall have a period of not less than 30 nor more than 180 days to implement improvements. If the state determines that sufficient improvement has not occurred, the state shall recommend decertification of the local government to the Secretary, citing specific reasons for the recommendation. Performance shall be deemed unsatisfactory if one or more of the following conditions exist or is applicable: a) the commission fails
to perform its delegated responsibilities within established time periods: b) the CLG fails to coordinate its responsibilities with the state: c) the commission substantially fails to maintain consistency of its design review decisions with the Secretary’s standards for historic preservation; d) the CLG fails to maintain a qualified historic preservation review commission membership or fails to acquire the appropriate expertise for review and comment: e) the CLG fails to enforce the provisions of the local preservation ordinance; f! the CLG fails to comply adequately with proper fiscal
management of HPF grants in accordance with OMB Circular A-128, the Single Audit Act of 1984, and the National Register Programs Manual. --
R. The state shall COndUCt financial assistance close-out procedures ptrrsuant to the National Register Programs hfimual when a loc~lf govwlrllrrit is -;-------- dccertifled.
. ^ - . \ c. CLGS may petition OHP to be decertified voluntarily and without c . prejudice.
l-3. The State shall identify specific responsibilities delegated in common to
all CLGs.
E. The CLG may assume certain responsibilities of recommending properties identified in the CLG jurisdiction to the National Register of Historic Pi aces.
1. The SHPO shall have the sole responsibility of nominating National Register properties directly to the Secretary.
2. Selection of properties for nomination to the National Register shall be based on the results of the local survey program.
3. Procedura! guidelines shall specify the process for accepting application requests, property owner notification, public hearing announcements, and coordination with the state.
4. All meetings shall be open to the public at specified intervals and must be in accordance with the California Open Meeting Act.
Published agenda and minutes of the public meetings shall be on file
with the commission and the state.
5. Decisions of the commission must be presented to the applicant, the property owner, and the state in writing with specific reference to the selected National Register criterion and the appropriate level of significance. The commission shall consider all National Register applications exclusively in accordance with the National Register criteria. Membership of the commission must include or have access to qualified experts knowledgeable in the subject area submitted for review.
6. The CLG shall establish procedures for the National Register nomination process consistent with the requirements in the National Historic Preservation Act, Section 101~~~~2~.
a. Subsection 101(c)(2)(A) states that “Before a property within the jurisdiction of the certified local government may be considered by the State to be nominated to the Secretary for inclusion on the National Register, the State Historic Preservation Officer shall notify the owner, the applicable chief local elected official, and the local historic preservation commission. The commission, after reasonable opportunity for public comment, shall prepare a report as to whether or not
such property, in its opinion, meets the criteria of the National Register. Within sixty days of notice from the State Historic Preservation Officer, the chief local elected official shall transmit the report of the commission and his
recommendation to the State Historic Preservation Officer.
Except as provided in subparagraph (Bl, after receipt of such
report and recommendation, or if no such report and recommendation are received within sixty days, the State shall
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make the nomination pursuant to Section 101(a). The State .e l
may expedite such process with the concurrence of the ,
certified local government.”
b. Subsection 191(c)f2)(8) states that “If both the commission and the chief local elected official recommend that a property not be nominated to the National Register, the State Historic Preservation Officer shall take no further action, unless within thirty days of the receipt of such recommendation by the State Historic Preservation Officer an appeal is filed with the State. If such an appeal is filed, the State shall follow the procedure for making a nomination pursuant to Section lOl(a!.
Any report and recommendations made under this section shall be included with any nomination submitted by the state to the
Secretary.
7. By mutual written agreement with the local governing body, the
state may delegate additional responsibilities to the CLC.
EXPANDED LEVEL OF PARTICIPATION
Local governments may participate at the expanded level of participation by complying with all responsibilities required at the threshold level of participation. By mutual written agreement with the ‘local governing body, the state may delegate additional responsibilities to the CLG.
Local governments may be certified to participate in the program at the expanded
level of participation by fulfilling selected elements of the following requirements:
1. State enabling legislation provides for local jurisdictions to enact appropriate legislation. The CLG shall adopt a historic preservation ordinance with the following provisions:
A. Declaration of Policy - A statement of purpose should clearly recite the reasons for enacting the ordinance and specifically contain a general welfare clause illustrating that historic preservation is in the public interest. The policy declaration shall also describe the public benefits possible for the CLG gained through educational, cultural, aesthetic, social, and economic enhancements from historic preservation.
R. Preservation Commission - The ordinance shall authorize the creation of a historic preservation commission. Provisions of the ordinance must
include specific guidance in the membership composition, qualifications, compensation, appointments, powers, and terms of office of the commission. The commission staffing, budgeting, rule-making authority, and legal jurisdiction overseeing historic preservation activities must be well defined. The ordinance shall give the commission authority to promulgate its own operating rules (by-laws). Rules of procedure adopted hy the commission shall ?e available for public inspection. The area of geographical authority for the commission shall be coterminous with the boundaries of the !ocal jurisdiction.
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C. Historic Survey and Registration - The ordinance shall include provisions for the compiling, updating, and maintaining of an inventory of historic resources located within the jurisdiction of the CLG. The ordinance must
also clearly delineate procedures for evaluating and registering both individual historic properties and historic districts.
D. Penalties and Severability - Strict criminal and civil penalty provisions must be included to ensure enforcement capability and credibility. Severability shall be included to protect against the disallowance of the total ordinance in the event that one section is determined to be unconstitutional or otherwise invalidated.
E. Operational Definitions - The ordinance shall include precise definitions of such terms as preservation commission, historic districts, eligibility
criteria, alteration and improvement standards, demolition stays, and other preservation terminology to help clarify and define administrative procedures.
The CLC may adopt a historical preservation element for the local jurisdiction’s General Plan, as authorized by the California Government Code. The CLG, in conjunction with the state, shall establish procedures for
implementation of the element.
The CLG shall participate in the environmental review of local projects in accordance with the requirements under the California Environmental Quality Act. The commission may review and comment on permit actions affecting significant listed historic properties and other resources eligible for listing, in accordance with local ordinance requirements and with the California Environmental Quality Act. Procedural guidelines should include standards for demolition stays, design review criteria, anti-neglect requirements, and appeal strategies.
IV.
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VII.
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The CLG may participate in the review and comment on historic preservation certification applications for tax incentives. The CLG and state may establish
procedures for implementation of the investment tax credit program at the local level in conformance with The Secretary of the Interior’s Standards for
Historic Preservation.
The CLG may develop educational programs promoting historic preservation at the local level such as, but not limited to, sponsorship of preservation workshops, publication of preservation information, organizing preservation fairs, conducting walking tours, and preparing preservation curricula for
schools.
Commission members may act in an advisory capacity to other officials and
departments within the local government and act as a liaison on behalf of the
CLG to individuals and organizations concerned with historic preservation.
The CLG may participate in the Mills Act property-tax relief program for owners of historic properties.
The CLG may participate in the lMarks Historical Rehabilitation Act for issuance of tax-exempt industrial development bonds, providing that the commission shall serve as all or part of the required citizen advisory board.
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Ix. By mutual written agreement with the local governing body, the state may - ‘., . . delegate additional responsibilities to the CLG. I
CERTIFICATION OF LOCAL GOVERNMENTS
State shall provide a mechanism for certifying local governments to participate in the CLG program. Local governments may submit applications for certification at
any time. Application requests shall be submitted by the chief elected local official.
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4.
The chief elected local official shall request certification from the state in
writing, with specific reference to threshold or expanded level of
participation. The official request for certification shall include:
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F.
A written assurance by the chief elected local official that the local
government fulfills and shall fulfil1 all the requirements of the certification standards,
A copy of the local historic preservation legislation and a copy of the local government charter, with description of the boundaries administered by the local jurisdiction,
Resumes for each of the members of the historic preservation commission,
Names and resumes, where appropriate, of staff members responsible for administration of the historic preservation program for the commission or local govemm ent,
If begun, evidence of a cultura1 resources survey performed in the
community, with information on the progress and future intent of the survey, and
A brief explanation of activities proposed by the local government to provide the state with preliminary information on suggested work
functions.
The state shall respond to the chief elected local official within forty-five (45)
days of receipt of an adequately documented written request.
A committee of SHPO staff members shall review the certification applications to determine the local government’s ability to meet state
requirements for the CLG program at either the threshold or expanded level of participation. SHPO concurrence shall be required for final approval of certification of a local government.
When a local government’s certification request has been approved in accordance with the state’s approved certification process, the state shall prepare a written certification agreement for presentation to the local govemm ent.
A. The certification agreement shall identify the minimum required responsibilities of the local government when certified. The agreement
shall also include any additional responsibilities delegated to the CLG.
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State shall forward to ;he Secretary a copy of the approved request and
the certification agreement.
If the Secretary does not take exception to the request within fifteen (15)
working days of receipt of the state’s request, the local government shall be regarded as certified by the Secretary.
The delegation of responsibilities assigned to the CLG may be modified by amending the certification agreement with approval of the Secretary.
TRANSFER OF GRANTS TO CERTIFIED LOCAL GOVERNMENTS
At least ten percent of California’s annual HPF allocation shall be transferred to
CLGs for implementation of eligible activities which promote the identification, evaluation, nomination, and preservation of their communities’ significant cultural resources. Specific activities may include, but not be limited to, adoption of local preservation-related legislation, development of public education programs, establishment of comprehensive communitywide historic preservation plans, nomination of properties to the National Register, administration of a preservation
revolving fund, implementation of a permanent administrative staff position
responsible for preservation activities, and publication of literature on historic preservatl;on. CLGs may not use HPF grants for the acquisition, development, maintenance, or operation of historic properties. In addition, transferred monies shall not be applied as matching share for any other federal grant or for lobbying purposes.
Any state-directed specific uses of HPF funds shall be for activities for which the state would be eligible for HPF funding, and which are consistent with the state comprehensive historic preservation planning process.
Calif omia shall make a reasonable effort to distribute HPF grants among the
maximum number of eligible local governments consistent with 36 CFR 61.7(f)(l). Reasonable distribution of funds shall include a consideration of equitable allocations between urban and rural areas and among northern, southern, and central portions of
the state. Equitable distribution discourages a disproportionate share of the allocation awarded to a single CLG.
The Cl-G’s share of the HPF shall be of a sufficient amount to produce a specific
impact and to generate effects directly as a result of the funds transfer. The state is
not required to award funds to all governments that are eligible to receive grants.
Program consistency and quality of standards require that the state not award grant funds to all eligible local governments if there is a risk of sacrificing positive, tangible results.
Eligible local governments shall adhere to the state’s instructions for allocation of the CLG share of California’s annual HPF.
The state shall periodically notify all CLGs of the funding availability of HPF grants to qualified local governments.
.
The CLG receiving a portion of the local share of the state’s annual HPF must satisfy certain minimum requirements. s -0 .
1. The CLG must maintain adequate financial management systems in accordance with the standards specified in the most recent OMB Circular A-128.
A. Local financial management systems shall be auditable pursuant to the General Accounting Office’s Standards for Audit .of Governmental Organizations, Programs, Activities, and Functions.
8. The state shall be responsible, through financial audit, for the proper
accounting of CLG share monies in accordance with OMB Circular A-128,
the Single Audit Act of 1984 (Public Law 98-502).
2. The CLG shall adhere to all requirements of the National Register Programs
Manual, which set5 forth administrative procedures and policies for HPF grants awarded by the Secretary.
3. Indirect costs may be charged as part of the CLG only if the CLG meets the requirements of the National Register Programs Manual and has a current indirect cost rate approved by the cognizant federal agency.
4. The CLG must adhere to any requirements mandated by Congress regarding the use of the HPF monies. 6
5. The CLG shall meet all certification eligibility requirements during the grant period, as specified in the written grant agreement between the state and the CLG.
The state shall award funds on a competitive basis to CLGs, contingent upon the following priorities and criteria.
1. The CLG demonstrates a clear understanding of state and local preservation
programs contributing toward the identification, evaluation, and protection of significant cultural resources within the jurisdiction of the local government.
2. The CLG provides adequate matching local share (50%) as match for the federal grant-in-aid.
3. A CLG requesting expanded level of participation shall receive higher selection priority.
4. The CLG clearly presents specific goals and objectives that are realistically attainable within the funding period.
Within thirty (30) days after the state receives formal obligation of funds from the
Department of the Interior, the state shall notify CLGs of the successful grant awards. The state shall submit the selected CLGs to the State Historical Resources Commission for concurrence. The state shall make available to the public, upon
request, the rationale for the applicants selected and the amounts awarded.
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*c APPENDIX . .
DEFINITIONS
For purposes of identification, the:
“Approved State Program” means a state historic preservation program that has been
approved by .the Secretary of the Interior.
“Certified Local Government” means a local government that has been certified to
carry out the purposes of the National Historic Preservation Act, as amended.
“Chief Uected Local Official” means the elected head of a local government.
‘Y:LG Share” means the funding authorited for transfer to local governments.
“Comprehensive Historic Preservation Planning” means an ongoing process that is consistent with techical standards issued by the Department of the Interior and which produces reliable, understandable, and up-to-date information for decision-making related to the identification, evaluation, and protection/treatment of historic resources.
“Comprehensive Statewide Historic Preservation Plan” means the part of the planning process that conforms to the Secretary’s Standards for Preservation Planning and is approved as part of the State Program Approval Process. The comprehensive plan entails organizinq a logical sequence of preservation information pertaining to identification, evaluation, registration, and treatment of historic properties, and setting priorities for accomplishing preservation activities.
“Historic Preservation Fund” means the monies accrued under the Outer Continental Shelf Lands Act, as amended, to support the program of matching grants-in-aid to the states for historic preservation programs and projects.
“Historic Preservation Review Commission” means a board, council, commission, or other similar collegial body.
“Local Government” means a city, county, parish, township, municipality or borough,
or any other general-purpose political subdivision of any state.
‘*National Register of Historic Places” means the national list of districts, sites,
buildings, structures, and objects significant in American history, architecture,
archeology, engineering, and culture, maintained by the Secretary of the Interior.
“The National Register Programs Manual” means the manual that sets forth NPS administrative procedures and guidelines for activities concerning the
federally-related historic preservation programs of the states, local governments, and
the National Trust for Historic Preservation. This manual includes guidelines and
procedures for the administration of the historic preservation grants-in-aid programs and supersedes the HPF Grants -Management Manual.
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\ . .
“National Park Service” means the bureau of the Department of the Interior to which I_ . -
the Secretary of the Interior has delegated the authority and responsibility for administering the National Historic Reservation Program.
“Secretary” means the Secretary of the Interior. Unless otherwise stated in law or regulation, the Secretary has delegated the authority and responsibility for
administering the National Historic Preservation Program to the National Park
Service.
. ‘*Secretary’s Standards and Guidelines” means the Secretary of the Interior’s
Standards and Guidelines for Archeology and Historic Preservation. The standards
and guidelines provide technical information about archeological and historic
preservation activities and methods.
“State” means the State of California, as represented by the State Office of Historic Preservation.
“State Historic Preservation Officer” is the official within California who has been designated and appointed by the Governor to administer the state historic preservation program in California.
“State Program” means the state historic preservation program in California.
“Subgrantee” means the certified local government to which a subgrant is made by the state and which is accountable to the state for use of the funds provided.
D-2337H
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