HomeMy WebLinkAboutStaff Report 5.F 5/19/2014DATE: May 19, 2014
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Heather Hines, Planning Manager
SUBJECT: Discussion and possible direction regarding Certified Local Government (CLG)
status.
RECOMMENDATION
Staff recommends that the City Council provide input related to the pursuance of Certified Local
Government (CLG) Status. This request is for an informal discussion intended to provide a basis
for subsequent actions.
The Certified Local Government Program is a nationwide program established in 1980 as an
amendment to the National Historic Preservation Act of 1966. The program is intended as a
partnership between local governments, the State Historic Preservation Office (SHPO) and the
National Park Service (NPS). It was designed to aid local governments and encourages direct
participation of local governments in the identification, evaluation and registration of historic
properties. The CLG framework is effective because it provides technical support and the
opportunity for funding needed to cant' out its directives.
CLG status offers four primary benefits to local governments:
Credibility: The CLG program represents a formal adoption of National Register and
California Criteria for identification and evaluation of resources. Further, CLG status
communicates the City's strong commitment to historic preservation and protection of the
city's valued historic and cultural resources. The City would obtain the backing of the State
Office of Historic Preservation and National Park Service.
2. Technical Assistance: The City of Petaluma would be eligible to receive technical assistance
and support for preservation activities.
3. Autonomy: CLG Status would improve cross jurisdictional communication through access to
a CLG wide listserv. The listsery provides an opportunity to share questions and answers,
find out about training opportunities, technical assistance, publications and funding
opportunities.
Agenda Review:
City Attorney Finance Director City Mana&F �
4. Funding: CLG status provides jurisdictions access to grant funding for preservation projects.
California is required to pass through 10% of funding to state CLGs through a competitive
bid process. The grant awards require a 40% match which may consist of public funds,
private funds and allowable in-kind donations. The 2013-2014 Grant consisted of $185,000
and was distributed between nine cities and counties in California. It is noted on the State
OHP website that available grant funds typically exceed $150,000 and are available to
California's CLG communities in amounts ranging from $2,500 to $40,000. The CLG Grant
funds can be used for a range of activities including, but not limited to, the preparation of a
historic context, preparation or augmentation a historic resource inventory, or drafting or
updating a historic preservation ordinance.
There are five basic requirements for a jurisdiction to qualify and maintain CLG status:
1. Enforce appropriate state and local Imus and regulations for the designation and
protection of historic properties.
2. Establish an historic preservation review commission by local ordinance.
3. Maintain a system for the survey and inventory of historic properties.
4. Provide, for public participation in the local preservation program.
5. Satisfactorily perform responsibilities delegated to it by the state.
In addition, as part of its CLG duties the jurisdiction is required to prepare an Annual Report
outlining historic preservation undertakings. The report covers activities performed during the
federal fiscal year and is due on December 3 V' of each year. In addition, it is also required that
each historic preservation review commissioner and staff member attend one training event each
year.
In 2007/2008, the City Planning staff, with support from the Historic and Cultural Preservation
Committee (HCPC) and City Manager, commenced the process of applying to and becoming a
CLG. Due to events beyond the City's control that process did not continue through to
completion. Recent assessment of the City's preservation program and identification of
opportunities and constraints has created a renewed interest in pursuing CLG status. It is
expected that CLG Status would allow the City to bolster its preservation program and have a
greater impact with respect to preservation of the City's cultural and historic resources.
Becoming a State CLG would further the goals of the 2025 General Plan by reinforcing the
City's commitment to preservation and also by providing technical and possible monetary
assistance to carry out goals and objectives. With CLG Status, the City would be able to directly
and/or indirectly meet several of its goals and objectives set forth in Chapter 3 of the 2025
General Plan. Below is a representative (and abbreviated) example of General Plan goals and
policies that align with pursuing CLG Status:
3 -P -D-1: Conduct a Comprehensive Survey
3 -P -1-F: Pursue CLG Status
3 -P -1-L: Ensure City Staff responsible for decisions affecting historic resources are well
versed in historic preservation theory and practice
3 -P -2-E: Take Advantage of CLG Program benefits, such as grant funding
3-P4: Foster appreciation for Petaluma's cultural heritage and encourage greater public
participation in education regarding resources
3 -P -4-D: Provide opportunities for ongoing education on historic preservation for City Staff
and elected/appointed officials
3 -P -5-B: Ensure future plans, ordinances, and City Planning is complimentary to the
historic preservation goals and policies contained within this plan.
Additionally, CLG Status and associated grant opportunities could help the City achieve the
priorities outlined in 2013-2015 City Council Goals, including updates to the IZO and Historic
District Guidelines to bring existing provisions current with up to date practices and procedures.
At present, the City of Petaluma satisfactorily meets four of the five requirements stipulated by
the California CLG program as outlined below:
1. Enforce appropriate state and local laws and regulations for the designation and
protection of historic properties.
This requirement is met through Section 15.040 through 15.100 of the Implementing
Zoning ordinance which outline regulations for the designation and protection of
Petaluma's historic properties.
2. Establish an historic preservation review commission by local ordinance.
The Historic and Cultural Preservation Committee currently serves as the City of
Petaluma's historic review commission. The HCPC's nine person membership
includes the seven individuals appointed by the City Council to the Planning
Commission with an additional member appointed by recommendation of Heritage
Homes and another member appointed by recommendation of the Petaluma Museum
Association. The present configuration of the Historic and Cultural Preservation
Committee does not meet the California CLG Standards. (See detailed discussion
below)
3. Maintain a system forr the survey and im entoof historic properties.
ry
The City has maintained an informal process for survey and updates of historic
resource surveys as resources are available. The last overall surveys of designated
districts were completed at the time of district adoption with the exception of the
Oakhill Brewster District for which staff recently completed an updated
reconnaissance survey of all properties in the district and completed updated
Department of Parks and Recreation (DPR) forms for each property. Additionally,
historic evaluations that are completed as part of development review projects are
kept on file in the Planning Department and a list of local landmark designations is
maintained. Additionally, staff utilizes the city's GIS system to identify those
properties designated with the —H overlay district.
4. Provide for public participation in the local preservation program.
The city's existing Historic Preservation Ordinance (IZO Chapter 15) encourages
public participation as part of the discretionary review process for modifications to
properties with identified resources. Preservation is also an important part of CEQA
review and the built in public review processes required by state law. All HCPC
meetings are televised on the local access channel and agendas and associated
materials are published online for ease of public viewing.
5. Satisfactorily perform responsibilities delegated to it by the state.
The City of Petaluma is well equipped to effectively carry out responsibilities
delegated by the State. In addition to HCPC members, there are currently three
members of the planning staff that have both educational and work experience in
historic preservation.
Obtaining CLG Status would require a restructuring of the City's Historic and Cultural
Preservation Committee (HCPC). One of the CLG requirements (as stated above) is that the
HCPC be comprised of at least five members all having a demonstrated interest, competence or
knowledge in historic preservation. It is strongly encouraged that at least two of the members be
appointed from among professionals in the fields of historic preservation, architectural history,
cultural anthropology, landscape architecture or related fields. It is stated that commission
members may also include lay members with demonstrated interest/ competence and/or expertise
in historic preservation.
A recent telephone conversation with the representatives from the California Office of Historic
Preservation (SHPO) indicated that the SHPO would not provide a recommendation to the
National Park Service for Petaluma's certification as a CLG with the present configuration of the
HCPC. The SHPO's concerns are outlined as follows:
® It is believed that the HCPC should ultimately reflect a special interest (historic
preservation); it is believed that the combination with the planning commission creates an
inherent conflict of interest.
a
• The SHPO believes that the hierarchal nature of the current set up, where the HCPC
powers and duties are not equal to those of the Planning Commission exacerbates the
potential for conflict of interest.
The SHPO disapproves of the designated seats for particular groups as currently
structured on the HCPC. Ideally the commission should be open to anyone with a
background and/or demonstrated interest in historic preservation. While members of the
Museum and/or Heritage Homes would be welcome to apply for a seat on the Committee,
it is not considered acceptable for them to have a designated seat.
• The SHPO would prefer that the HCPC have more discretionary power.
Next Steps
Based on initial input from the SHPO, reorganization of the Historic and Cultural Preservation
Committee would be necessary to meet eligibility criteria for certification. Such reorganization
would require minor text amendments to IZO Chapter 15 to modify the HCPC composition to
include the following:
• Five committee members with demonstrated interest/expertise in preservation
• At least two committee members shall be professionals in Historic Preservation or related
field
• Committee members shall be appointed by the City Council
• The HCPC shall meet at least four times per year
Costs associated with updates to the ordinance and enabling legislation may be defrayed by
future grant funding. In addition, technical assistance and guidance would be readily available to
aid in efforts to strengthen Petaluma's preservation program.
If the City Council is supportive of pursuing Certified Local Government status the next steps
would include:
1. Draft text amendments to modify IZO Chapter 15 and update HCPC enabling legislation
to satisfy CLG requirements and present to Planning Commission for recommendation
and City Council for adoption;
2. Return to Council with a resolution supporting CLG application; and
3. Submit Application to California Office of Historic Preservation
FINANCUL IMPACTS
The application will be compiled and submitted under the base level contract with Metropolitan
Planning Group, with no direct expense to the General Fund. Certification creates opportunities
for grant funding of up to $40,000 per year.
N
ATTACHNIE NTS
CLG Requirements, Excerpt from Appendix G, Certified Local Government Application
and Procedures, August 1999, pp 41-47.
C/
ATF C� MFNT
Requirements
(Excerpt from Appendix G, Certified Local Government Application and Procedures,
August 1999, pp 41-47.)
Local governments may be certified to participate in the CLG program by complying
with the following requirements:
Enforce appropriate state or local legislation for the designation and protection of
historic properties:
A. State enabling legislation provides for local jurisdictions to enact appropriate
historic preservation 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 special
character or special historical or aesthetic interest or value."
B. Local governments must adopt local historic preservation ordinances with
provisions to enforce the designation and protection of historic and
archeological resources.
C. 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).
D. The CLG will adopt a historic preservation plan or a historic preservation
element for the local jurisdiction's General Plan, as authorized by the
California Government Code, prior to or upon applying for a CLG grant.
E. The CLG commission will participate in the environmental review of specific
federally sponsored projects, such as community development programs
involving HUD Block Grant funds unless it is determined by OHP that the
necessary expertise is not available to the local government. The CLG will
establish programmatic agreements with the state agreeing to ensure
compliance with Section 106 provisions of the NHPA.
F. The CLG commission will participate in the environment review of local
projects in accordance with the requirements under the California
Environmental Quality Act (CEQA). 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 CEQA. Procedural guidelines should include
standards for demolition stays, design review criteria, anti -neglect
requirements, and appeal strategies.
Establish an adequate and qualified historic preservation review commission by
local law:
A. The commission shall include a minimum membership of five (5) individuals
with all members having demonstrated interest, competence, or knowledge in
historic preservation.
B. At least two (2) Commission members are encouraged to be appointed from
among professionals in the disciplines of history, architecture, architectural
history, planning, pre -historic and historic archeology, folklore, cultural
anthropology, curation, conservation, and landscape architecture or related
disciplines, such as urban planning, American studies, American civilization,
or cultural geography, to the extent that such professionals are available in
the community. Commission membership may also include lay members who
have demonstrated special interests, competence, experience, or knowledge
in historic preservation.
C. A local government may be certified without the minimum number or types of
disciplines established in state procedures if it can be demonstrated to the
satisfaction of the state that it has made a reasonable effort to fill those
positions, or that some alternative composition of the commission best meets
the needs of the protection of historic properties in the local community.
D. Commission members shall be appointed by the chief elected local official,
city council, or board of supervisors consistent with the provisions of the
preservation ordinance. The appointing authority 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 also act within sixty (60) days to fill a vacancy. Terms of office of the
commission members shall be according to the local preservation ordinance.
E. The commission shall meet at least four times a year, with meetings held in a
public place, advertised in advance, and open to the public, pursuant to the
Ralph M. Brown Act (G.C. Section 54950 et seq.) for open meetings.
Written minutes of commission meetings shall be kept on file, available for
public inspection, and submitted to the state as a part of the CLG Annual
Report.
F. Each commission member is required to attend at least one informational 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 CLG Regional Workshops sponsored by the OHP are
important sources of information. The annual State Historic Preservation
Conference generally provides special sessions devoted to the issues,
objectives, and responsibilities of commissions. Commissions may also bring
in professionals to provide training on site.
G. 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 narrative summary of accomplishments,
summaries of new and corrected survey activities, number of properties
designated under local ordinance in relation to inventory for community,
summaries of National Register applications reviewed, summaries of
historical contexts prepared, number of federal tax certifications reviewed,
number of properties on which design review was held, number of properties
on which environmental project reviews were conducted, property owners of
Mills Act contracts approved, summarization of local preservation activities,
list of local landmark designations, description of public education activities,
lists of commission members and resumes, list of staff and resumes, detailed
listing of commission and staff training received, commission attendance
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records, summary of changes in preservation laws, summary of adoption or
updates of historic preservation plan or historic preservation element of your
community's General Plan, commission meeting minutes and agendas, and
other pertinent activities performed by the commission.
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
culture 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.
1. The CLG shall be responsible for overseeing the compiling, recording, and
updating of inventory information on cultural resources within its
jurisdiction. The information shall be based on comprehensive surveys
conducted in conformance with state survey standards and procedures.
Surveys completed prior to the certification of a local government may be
re-evaluated in accordance with state standards and may be submitted for
inclusion in the State database.
2. As part of any ongoing survey effort, procedural requirements must allow
for periodic update of survey results as buildings gain maturity and as new
areas are incorporated or annexed by the CLG.
3. The commission must adopt state guidelines for conducting its inventory
of historic properties. State -approved inventory forms (DPR-523, A -L) and
the OHP's Instructions For Recording Historical Resources shall be used
to facilitate integration into the state electronic data system and for
statewide comprehensive historic preservation planning purposes. Dimitri
software is available for the DPR 523 forms.
4. Standards for the evaluation of properties must be consistent with the
National Register of Historic Places criteria.
A. 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 local government for
adoption, then forward to OHP. Copies of the survey should be on deposit at
the local planning department, building and safety office, public works
department, and redevelopment agency. Libraries, colleges, and historical
societies should also receive copies. OHP will make copies available for the
appropriate "California Historical Resources Information System" regional
center. See IV(A)(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.
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1. Public participation shall be fully encouraged at local commission
meetings. Commission meetings shall be open to the public, with
published agenda and minutes in accordance with the Ralph M. Brown
Act (G.C. Section 54950 et seq.) for open meetings. 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 be fully encouraged in the performance of the
historic survey program at all levels of responsibility to identify and
inventory significant cultural resources in the jurisdiction of the CLG. The
public can serve as volunteers to assist in the survey effort. 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 shall be fully encouraged in the nomination process for
the National Register of Historic Places program. The CLG shall invite
comments from the general public regarding National Register
nominations.
4. Public participation shall be fully encouraged in all public hearings on
projects related to CEQA and Section 106 processes.
V Satisfactorily perform the responsibilities delegated to the CLG:
A. The CLG shall prepare a comprehensive local historic preservation plan
which would identify preservation missions, goals, and priorities. The plan
would also establish preservation strategies, programs, and time schedules.
B. The CLG will 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.
C. Each CLG must have a local historic preservation plan prior to or upon
becoming a CLG before any additional grant applications will be considered.
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. Annual Review of CI -Gs:
The State shall conduct an annual review of CI -Gs 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 CI -Gs, 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.
A more thorough review and site visit to the Certified Local Government
will occur at least once every three (3) years.
2. Procedures for Decertification:
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
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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 decertify the local
government, citing specific reasons for the decertification. 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; e) the CLG fails to enforce the provisions of the local
preservation ordinance; f) the CLG fails to enforce its CEQA and Section
106 responsibilities; g) the CLG fails to adequately survey historical
resources in its jurisdiction; and h) the CLG fails to comply adequately with
proper fiscal management of HPF grants in accordance with the National
Register Programs Guideline, OMB Circular A-128, and 43 CFR 12.
3. Decertification Appeal:
If the state recommends decertification, the local government may appeal
to the NPS. The NPS has 45 days to respond to the appeal.
4. Decertification Wthout Prejudice:
CLGs may petition the OHP to be decertified voluntarily and without
prejudice.
5. Financial Assistance Close-out:
The state shall conduct financial assistance close-out procedures
pursuant to the National Register Program Guideline when a local
government is decertified.
VI The CLG shall assume certain responsibilities for reviewing and recommending
properties within its jurisdiction to the National Register of Historic Places.
A. The SHPO shall have the sole responsibility of nominating National Register
properties directly to the Secretary of the Interior (Secretary).
B. The CLG shall establish local procedures for the National Register nomination
process consistent with the requirements in the NHPA, Section 101(c)(2).
1. Before a property within the jurisdiction of a CLG may be considered by
the state to be nominated to the National Register, the state shall notify
the owner, the applicable chief elected local 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 (60) days of notice from the state, the chief elected local official shall
transmit the report of the commission and his/her recommendation to the
state. After receipt of such report and recommendation, or if no such
report and recommendation are received within sixty (60) days, the state
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shall process the National Register nomination. The state may expedite
such process with the concurrence of the CLG.
If both the commission and the chief elected local official recommend that
a property not be nominated to the National Register, the state shall take
no further action, unless within thirty (30) days of the receipt of such
recommendation by the state, 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 101(a). Any report and recommendations
made under this section shall be included with any nomination submitted
by the state to the Secretary.
VII 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 specific program activities under Programmatic
Agreements.
A. 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, preparing preservation curricula for schools,
etc.
B. 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
issues at the local level.
C. The CLG may participate in the Mills Act program or other economic incentive
programs to provide property -tax relief for owners of historic properties.
D. The CLG may participate in the Marks Historical Rehabilitation Act for
issuance of tax-exempt industrial development bonds, providing that the
commission shall serve as a part of the required citizen advisory board.
E. The CLG may assume certain responsibilities of recommending National
Register of Historic Places properties, identified in the CLG jurisdiction,
directly to the State Historical Resources Commission.
F. By mutual written agreement with the local governing body, the state may
delegate additional responsibilities to the CLG.
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