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Home My WebLink About2011/07/19 Item 08 Attachment A Appendix_C_Certified_Local_Government_Program_Appication ïð Ý»®¬·º·»¼ Ô±½¿´ Ù±ª»®²³»²¬ Ð®±¹®¿³ ß°°´·½¿¬·±² ú Ð®±½»¼«®» 1416 9th St, Rm 1442-7 Sacramento CA 95814 PO Box 942896 Sacramento CA 94296-0001 phone: (916) 653-6624 fax: (916) 653-9824 email: calshpo@parks.ca.gov website: www.ohp.parks.ca.gov California Office of Historic Preservation th 1416 9 St, Sacramento CA 95814 PO Box 942896, Sacramento CA 94296-0001 Phone: (916) 653-6624 Fax: (916) 653-9824 Email:calshpo@parks.ca.gov Website:www.ohp.parks.ca.gov This publication has been financed in part with Federal funds from the National Park Service, Department of the Interior, under the National Historic Preservation Act of 1966, as amended, and administered by the California Office of Historic Preservation. The contents and opinions do not necessarily reflect the views or policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior. Under Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, the U.S. Department of the Interior strictly prohibits unlawful discrimination on the basis of race, color, national origin, age, or handicap in its federally- assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to: Office for Equal Opportunity U.S. Department of the Interior National Park Service Box 37127 Washington DC 20013-7127 Original Publication Date: May 1985 First Revision: November 1995 Second Revision: April 1996 Third Revision (non-substantive): August 1999 Revised May 2007 Revised December 2009 2 TABLE OF CONTENTS INTRODUCTION.........................................................................................4 WHAT IS THE CERTIFIED LOCAL GOVERNMENT PROGRAM?............4 WHO CAN APPLY FOR CERTIFIED LOCAL GOVERNMENT STATUS?5 WHEN ARE CLG APPLICATIONS ACCEPTED?......................................5 WHAT ARE THE PROCEDURES FOR CERTIFICATION?........................5 WHY BECOME A CERTIFIED LOCAL GOVERNMENT?..........................6 WHAT ARE THE REQUIREMENTS FOR CERTIFICATION?....................8 WHAT ABOUT THE CLG GRANTS PROGRAM?....................................13 WHERE CAN I GET MORE INFORMATION?..........................................14 APPENDIX A: APPLICATION MATERIALS.............................................15 APPENDIX A: APPLICATION MATERIALS.............................................16 CAC ...............................................................................16 ERTIFICATION PPLICATION HECKLIST ACLGC ....................................17 PPLICATION FOR ERTIFIED OCAL OVERNMENT ERTIFICATION CLGCAA ................................................................19 ERTIFICATIONPPLICATION TTACHMENTS SCQ ..................................................................20 TATEMENT OF OMMISSIONERUALIFICATIONS APPENDIX B: SAMPLE RESOLUTION..................................................21 APPENDIX C: SUGGESTED PRESERVATION PLAN/HISTORIC PRESERVATION ELEMENT OF THE GENERAL PLAN COMPONENTS ...................................................................................................................22 APPENDIX D: SAMPLE CERTIFICATION AGREEMENT.......................23 3 INTRODUCTION Preserving important historic properties as 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 Historic Preservation Act of 1966, as amended (16 1J.S.C. 470) (NHPA). In part, the NHPA instructed the Federal Government to assist local governments to expand and accelerate their historic preservation programs 'and activities. Since enactment of the NHPA, 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. Lack of formal participation by local governments often meant that historic preservation issues were not considered until development planning was well underway. 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 NHPA provided a specific role for local governments in the national program by establishing the Certified Local Government (CLG) program. A CLG is a local government whose local historic preservation program has been certified pursuant to Section 101 (c) of the NHPA. Any local government is eligible to apply for certification. Once certified, a local government must 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 Historic Preservation Fund (HPF) allocation. What is the Certified Local Government Program? The 1980 amendments to the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), provided for the establishment of a Certified Local Government (CLG) Program. The CLG program is a national program designed to encourage the direct participation of a local government in the identification, registration, and preservation of historic properties located within the jurisdiction of the local government. A local government may become a CLG by developing and implementing a local historic preservation program based on federal and state standards. The CLG program is administered in California by the State Office of Historic Preservation (OHP). The CLG program is intended to foster the integration of preservation planning into other planning processes and ensure that historic resources are identified and considered in making planning decisions. It is not intended to be another or more burdensome layer of control, but instead to support good planning practices. The CLG program encourages the preservation of cultural resources by promoting a partnership among local governments, the State of California, and the National Park Service (NPS) 4 which is responsible for the National Historic Preservation Program. Becoming a CLG can provide local staff and commissions the tools, technical training, and more meaningful leadership roles in the preservation of the community's cultural heritage. Local interests and concerns are integrated into the official planning and decision- making processes at the earliest possible opportunity. In response to the federal government's 1995 initiative for simplifying the National Park Service's oversight of the national historic preservation program, the NPS revised 36 CFR 61 to provide each state with greater discretion in carrying out the responsibilities mandated in the National Historic Preservation Act. Decisions on membership requirements for local preservation commissions are left entirely to the states. The requirement that local preservation commissions consult outside professionals in certain instances is eliminated. Who Can Apply for Certified Local Government Status? Any local government is eligible to apply to the State Historic Preservation Officer (SHPO) for certification. A local government is any general purpose political subdivision of California such as a city, county, or city/county; or any other general purpose political division of the state with the exception of regional commissions, councils of governments, and special districts. It is important to be aware that certification pertains to the entire local government and its agencies, not simply to the preservation commission that serves the local government. When Are CLG Applications Accepted? Local governments may apply for CLG status at any time. However, in order to apply for grants through the CLG program, a local government must be certified prior to the grant application deadline which is usually the last week of April. Note that the CLG grant application process is separate from the certification application and requires completion of a grant application form. What are the Procedures for Certification? Prior to submitting an application or obtaining the elected officials? authorization, OHP encourages the local government representative to consult with the Local Government Unit of the California State Office of Historic Preservation and submit a draft application for a preliminary review to ensure that the local government?s preservation program meets the state requirements and National Park Service CLG program criteria. Once the draft application has been approved, the chief elected official of the local government applying for CLG status shall request certification from the California State 5 Historic Preservation Officer (SHPO) in writing. The official request for certification shall include the Certification Application Checklist, CLG Certification Application Form, and CLG Certification Application Attachments found in Appendix A. Within forty-five (45) days of receipt of an adequately documented application, the SHPO shall review the certification application. If certification is recommended, the SHPO will forward a Certification Agreement to the local government for signature. The Certification Agreement shall identify the required responsibilities of the local government when certified. SHPO concurrence, which shall include a copy of the signed certification agreement and a signed review checklist, shall be forwarded to NPS for final review and approval as a CLG. NPS has final approval to certify local governments as CLGs; their date of approval is the effective date of certification. Why Become a Certified Local Government? What does certification mean? What?s in it for the local jurisdiction? Why would you want to associate your local preservation program with state and federal programs? Does certification create additional state or federal oversight or control over local programs? Credibility: The National Historic Preservation Act (NHPA), passed in 1966, built upon established preservation practices. The NHPA created the National Register of Historic Places; its criteria are widely recognized and they have been tested legally (reviewed, refined by adoption into regulations, tested and upheld in courts). Amendments to the NHPA created the CLG program. The Secretary of the Interior's Standards and Guidelines for preservation planning and the identification, evaluation, registration, and treatment of historic properties were published in 1983. Although the California Register of Historical Resources is much newer (1992), its criteria and procedures parallel the National Register. When your local survey program is consistent with the Secretary of the Interior?s and your Standards and Guidelines for Archaeology and Historic Preservation designation criteria are consistent with the National Register and California Register criteria, you know you are on safe ground. Similarly, use of the Secretary of the Interior?s Standards for Treatment of Historic Properties provides established criteria for evaluating projects and granting Certificates of Appropriateness that have stood the tests of time, reasonableness, and the courts. Consistency with national and state regulations and established preservation practices insulates the local preservation program from charges of being arbitrary and capricious. Becoming a CLG provides the local program the added value of prestige and cachet. Technical Assistance: OHP provides technical assistance, training, workshops, and consultation services to CLGs.A perquisite for becoming a CLG is access to a listserv hosted by the OHP. Membership to the listserv is limited to SHPO staff, CLG coordinators, members of CLG boards/commission, and other interested staff in the 6 CLG. It is a communication and networking tool that offers the Office of Historic Preservation and CLGs the opportunity to submit suggestions or questions to other members of the listserv. SHPO staff also uses the listserv to forward information about training opportunities, publications, grants, and a variety of technical assistance to CLGs. Streamlining:The use of the National Register/California Register criteria and the Secretary of the Interior Standards integrates local, state, and federal levels of review. It brings clarity to the question of what resources are significant when it comes to CEQA and Section 106 of the National Historic Preservation Act. Adopting the Secretary of the Interior?s Standards will allow the use of categorical exemptions under CEQA, and likely result of findings of no adverse effect under Section 106. The use of these criteria and standards make environmental review faster, more efficient, and reduces costs and delays. Involvement:The CLG program brings local preservation boards and commissions into broader local land use planning and project approval processes. CLGs have the responsibility to involve their boards/commissions in the CEQA and Section 106 review process, as well. Funding:Each state is required to pass through 10% of its annual Historic Preservation Fund grant from the National Park Service to CLGs to fund their preservation activities. California has chosen to make this money available to CLGs for a wide variety of preservation planning activities through a competitive grant program. This funding is not a large amount ? grants range between $5000 and $25,000 ? but it can support important activities including completion of a preservation element or plan, developing a historic context, conducting a survey, preparation of a National Register district application, or the update of an ordinance. Work funded by a CLG grant is expected to conform to state and federal standards. Autonomy: When your local government decides to become a CLG, it agrees to carry out the intent of the NHPA and the Secretary of the Interior's Standards. Recognizing that individual local governments and individuals employed by those local governments often do not have all the background, training, and skills to achieve a good balance between development and preservation, SHPO reviews the structure and processes of the local preservation program, and may comment on or make suggestions about strategies a local government can use to accomplish its goals and objectives. Beyond that, neither the NPS nor SHPO have any regulatory authority over local governments. Neither the NPS nor SHPO dictate the content of historic preservation plans or ordinances; neither the NPS nor SHPO review nor is their approval needed prior to the selection and appointment of individual local preservation commissioners by local government officials. In no way is the autonomy of a local government decreased by becoming a CLG. However, a CLG may be decertified if it establishes policies or adopts practices that violate the intent of the National Historic Preservation Act. 7 Economic Benefits:Although there are no direct economic benefits to being a CLG other than the opportunity to compete for CLG grants, your CLG's commitment to historic preservation does result in multiple economic benefits to the community. Where preservation is supported by local government policies and incentives, designation can increase property values and pride of place. Revitalization of historic downtowns and adaptive reuse of historic districts and buildings conserves resources, uses existing infrastructure, generates local jobs and purchasing, supports small business development and heritage tourism and enhances quality of life and community character. Preserve America: Because CLG status indicates a community?s commitment to historic preservation at the local level, it makes the local government a prime candidate to become a Preserve America community and streamlines the application process. Preserve America is a national initiative that recognizes and designates communities, including neighborhoods in large cities that protect and celebrate their heritage, use their historic assets for economic development and community revitalization, and encourage people to experience and appreciate local historic resources through education and heritage tourism programs. In addition to White House recognition and local signage, Preserve America communities are eligible for federal grants to support community efforts to demonstrate sustainable uses of their historic and cultural sites and the economic and educational opportunities related to heritage tourism.OHP does not administer the Preserve America program. However, Preserve America Applicants are required to consult with the SHPO as part of the application process. What are the Requirements for Certification? FIVE BASIC PROGRAM REQUIREMENTS The chief elected official of the local government must submit an application to the SHPO requesting certification. Local governments may be certified to participate in the CLG program by complying with the five minimum responsibilities of a CLG. Local governments must: Enforce appropriate state and local legislation for the designation and protection of historic properties; Establish a qualified historic preservation review commission by local law; Maintain a system for the survey and inventory of historic properties; Provide for adequate public participation in the local historic preservation program, including the process of reviewing and recommending properties for nomination to the National Register of Historic Places; and Satisfactorily perform the responsibilities delegated to it by the state. 8 Enforce appropriate state and local legislation for the designation and protection of historic properties. CLGs must enact and enforce a local historic preservation ordinance. State enabling legislation, found at California Government Code Sections 65850, 25373, and 37361, provides for local jurisdictions to enact appropriate historic preservation legislation. Additionally, the local legislation shall be consistent with the intent and purpose of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470). Along with other local governments, CLGs must enforce the California Environmental Quality Act (CEQA) regulations in relation to historical resources, and participate, as appropriate, in the environmental review of federally-sponsored projects under Section 106 of the National Historic Preservation Act of 1966, as amended. Designation refers to the identification and registration of both historic and prehistoric properties for purposes of protection using criteria established by the local government. Designation requirements and procedures must be consistent with the Secretary of the Interior?s Standards for Identification and Registration. Adoption of criteria that closely follows the National Register of Historic Places and the California Register of Historical Resources is encouraged. Protection refers to the local review process under local law for proposed demolition of, changes to, or other action that may affect properties that have been designated pursuant to the local ordinance. This would not include properties listed on or determined eligible for the national Register of Historic Places or California Register of Historical Resources unless those properties were also designated under the local designation process. The CLG will prepare a comprehensive local historic preservation plan or preferably, a historic preservation element in the community?s general plan. The plan or element will identify preservation missions, goals, and priorities and will establish preservation strategies, programs, and time schedules. It will also be used to support and justify CLG grant applications. The CLG is encouraged to adopt and implement the Secretary of the Interior?s relevant to CLG Standards and Guidelines for Archeology and Historic Preservation need and activities (www.nps.gov/history/local-law/arch_stnds_0.htm). Establish a qualified historic preservation review commission by local law. A qualified historic preservation review commission means a board, council, committee, commission or other similar body established by local legislation whose primary purpose is historic preservation and whose membership includes a minimum of five (5) individuals, all of who have a demonstrated interest in, competence or knowledge in historic preservation. 9 Members must be appointed by the chief elected official of the jurisdiction, unless otherwise provided by local legislation. 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 within sixty (60) days. To the extent available in the community, the CLG will appoint a minimum of two professional members from the disciplines of architecture, history, architectural history, planning, archeology, or other historic preservation related disciplines, such as urban planning, American studies, American civilization, cultural geography, or cultural anthropology. Local governments can be certified without this minimum professional qualified membership if they can demonstrate they have made a reasonable effort to fill those positions. When a relevant historic preservation discipline is not represented in the commission membership, the commission shall be encouraged to draw upon such expertise in this area when considering National Register nominations requiring the application of such expertise. The commission must meet a minimum of four times per year and each commissioner must attend annually at least one training session that meets the requirements of the CLG program. CLG commissioners and staff should develop training requirements that meets the needs of local historic preservation programs. The commission is the local governmental entity responsible for preparing and submitting an annual report to the SHPO each year. The format and content the most recent annual report is available on the SHPO?s website (www.ohp.parks.ca.gov/?page_id=21239). Maintain a system for the survey and inventory of historic properties Because historical contexts and surveys are the foundation of preservation planning, CLGs must develop or have in place a system for identifying, evaluating, inventorying, and registering historical and cultural resources within their jurisdiction, Upon certification, CLGs will forward to the SHPO copies of all pre-existing survey and inventory information. Surveys carried out by or at the direction of a CLG are expected to meet the Secretary of the Interior?s Standards and Guidelines for Identification and Evaluation, and use State-approved inventory forms (DPR 523 series) and/or electronic data standards to ensure that the data can be integrated into the statewide California Historical Resources Information System (CHRIS). (This policy does not apply to survey data produced before the effective date of CLG certification.) 10 Evaluative criteria must be consistent with the National Register of Historic Places and the California Register of Historical Resources, and conform to the Secretary of the Interior?s Standards for Identification and Evaluation. (This policy does not apply to survey data produced before the effective date of CLG certification.). Communities which have conducted surveys in the past must periodically update their survey data as new resources become eligible for consideration, or when older surveys warrant re-examination over time. CLGs are required to submit survey updates and new surveys to OHP for inclusion in the statewide database. The CLG 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 results must be made available to the public, with the exception of certain sensitive historic and prehistoric sites and should be on deposit at the local planning department, building and safety office, public works department, and redevelopment agency. Local libraries, colleges, and historical societies should also receive copies. SHPO will make copies available for the appropriate CHRIS regional center. Provide for adequate public participation in the local historic preservation program Public participation is an integral feature of any preservation program and the CLG shall provide opportunities for public participation in all CLG programs and activities. The CLG will encourage public participation at commission meetings. All local preservation commission meetings must be open to the public and meet the requirements of the Ralph M. Brown Act for open meetings (California Government Code Section 54950 et seq.). Meeting agendas and minutes of commission meetings must be publicly available. Public participation shall be encouraged in the CLG?s survey program at all levels of responsibility to identify and inventory significant cultural resources. Survey results shall be a public record and on file at a public institution, with the exception of archeological and other sensitive sites. The local government must provide for public participation in the CLG?s process for evaluating properties for nomination to the National Register of Historic Places. The CLG shall encourage the public to participate in the review of projects and undertakings subject to the California Environmental Quality Act and Section 106 of the National Historic Preservation Act. 11 Satisfactorily perform the responsibilities delegated to it by the state The CLG must have the legal authority to fulfill the minimum requirements specified in this application manual. At the discretion of the SHPO and with mutual written agreement with the local government, or by federal mandate from the National Park Service, additional responsibility may be delegated to the CLG. ADDITIONAL REQUIREMENTS. National Register Nominations The CLG has the obligation to participate in the nomination of properties to the National Register of Historic Places pursuant to Section 101 (c)(2)(A) of the National Historic Preservation Act: ?Before a property within the jurisdiction of the certified local government may be considered by the State to be nominated to the Secretary [of the Interior] 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 [emphasis added] prepare a report as to whether or not such property, in its opinion, meets the criteria of the National Register.? Annual Reviews In order to maintain certification, CLGs are required to submit reports annually that detail their historic preservation programs? accomplishments and actions. The annual reports cover the federal fiscal year, October 1 ? September 30. Each CLG is sent a reminder letter and the annual report format. The CLG must have submitted an annual report for the previous reporting period in order to be eligible to submit a CLG grant application. Although the majority of the report format remains fairly constant, some changes may occur from year to year. The format for the most recent annual report is posted on SHPO?s website (www.ohp.parks.ca.gov/?page_id=21239). Decertification In order to remain a CLG the local government must continue to meet the minimal requirements of the program and to meet the performance standards specified in the CLG certification agreement. The SHPO may recommend decertification to the National Park Service if all of the following conditions have been met: The SHPO determines that a CLG?s performance does not meet the performance standards specified in the Certification Agreement; and 12 The SHPO specifies to the CLG in writing ways to improve performance with a period of time by which deficiencies must be corrected or improvements must be achieved; and After the period of time stipulated by the SHPO, the SHPO determines that there has not been sufficient improvement. Failure to perform acceptably under a Historic Preservation Fund grant is not in itself sufficient grounds for decertification. The SHPO must notify the CLG in writing prior to or at the time of its recommendation to NPS for decertification. The notification must state the specific reasons for the proposed decertification, describe the SHPO?s technical assistance efforts, and affirm that the SHPO will notify the CLG of the NPS concurrence with the decertification. The SHPO may also recommend decertification if a CLG requests in writing to be decertified. The SHPO must forward a copy of the CLG?s letter as an enclosure to the SHPO?s request to decertify the CLG. lf the CLG had been delegated Section 106 responsibilities in its jurisdiction by the State, and a Programmatic Agreement had been executed by the Advisory Council on Historic Preservation (ACHP), then the SHPO must notify the ACHP that the CLG has been decertified. The effective date of decertification is when the National Park Service concurs in writing with the SHPO?s recommendation to decertify the CLG. If the local government wishes to become recertified it must reapply for certification. What about the CLG Grants Program? OHP is required by federal law to pass through at least 10% of its annual Federal Historic Preservation Fund (HPF) allocation to Certified Local Governments for historic preservation planning projects and programs which promote the identification, evaluation, nomination, and preservation of their communities' significant cultural resources and are consistent with the Statewide Historic Preservation Plan. Bricks and mortar projects are not eligible. The annual grant cycle begins with the notification to all CLGs of the funding availability in January of each year. Grant applications are due at the end of April and the recipients are announced by June. Grant funded projects are to begin October 1 and must be completed by the following September. CLG grants are awarded on a competitive basis in amounts from $2,500 - $25,000. Cash or in-kind match is required: 60% Federal/40% applicant. The CLG grants program manual and grant application is available on OHP?s website at www.ohp.parks.ca.gov/?page_id=24493. The grants manual is updated annually to reflect statewide preservation priorities, Consult the manual for detailed information 13 about what activities are eligible for funding, the criteria used in awarding the grants, and the obligations of grant recipients. Grant-eligible activities include projects such as the following: Developing or revising general plan historic preservation elements Ordinance revisions Developing historic contexts and conducting historic resource surveys Preparing National Register of Historic Places district nominations or multiple property submissions Developing archaeological preservation plans Developing design guidelines for historic properties Developing community-based preservation education and outreach programs including historic homeowner education. OHP will consider joint proposals with other local governments to fund a circuit rider staff person to provide technical assistance to a group of local government preservation programs. Preparing historic structure reports/historic structure preservation plan Historic Resource information management such as developing a web-based application to make historic resource information publically available online CLGs may not use HPF grants for construction or restoration of buildings and structures, acquisition of historic properties, maintenance or operation of historic properties, interpretive displays, or purchase of computers or other equipment. CLG grant funds can not be used as match for any other federal grant or for lobbying purposes. Where Can I Get More Information? If you have any questions about this program, the certification application process, or the preparation and development of local preservation documents and programs, e.g., preparation of a historic preservation ordinance, development of a survey program, etc., please contact the Local Government Unit, Office of Historic Preservation, Post Office Box 942896, Sacramento, CA 94296-0001, phone (916) 653-6624, fax (916) 653-9824. Information on the Certified Local Government Program is available online at www.ohp.parks.ca.gov. Also see Section 101(c)(1) and 9(c)2 of the National Historic Preservation Act of 1966, as amended (http://www.nps.gov/history/history/online_books/fhpl/nhpa.pdf) and 36 CFR Part 61.6 of the Procedures for State, Tribal, and Local Government Historic Preservation Programs (http://edocket.access.gpo.gov/cfr_2005/julqtr/pdf/36cfr61.6.pdf). . 14 APPENDICES Appendix A: Application Materials* Certification Application Checklist CLG Certification Application Form CLG Certification Application Attachments Statement of Commissioner Qualifications Form Appendix B: Sample Resolution Appendix C: Sample Certification Agreement Appendix D: Suggested Preservation Plan Model * Available online in WORD format at www.ohp.parks.ca.gov/?page_id=24493 15 Appendix A: Application Materials Certification Application Checklist A complete certification application must include the following: _____ Transmittal letter signed by the Chief Elected Local Official forwarding all required documents. _____ Resolution adopted by the elected officials authorizing application for Certified Local Government status and specifying the name and title of the person authorized to sign program documents and agreements. _____ Completed certification application form and application attachments (see pages 17-19). _____ Resumes and commissioner qualifications forms for each of the members of the local historic preservation commission/board. _____ Names, telephone numbers, resumes, and professional qualifications forms for staff members responsible for administration of the historic preservation program for the local government. _____ Organization charts for local government and for department that administers historic preservation program. _____ If in process or completed, copies of cultural resources survey(s) performed in the community, with information on the progress and future intended uses of the survey. _____ Copy of the local historic preservation legislation. _____ Copy of the local historic preservation plan or historic preservation element of the General Plan. NOTE: Please read the Application Procedures carefully before completing the application. Applicants must submit one (1) original, signed application with complete attachments to: Local Government Unit Office of Historic Preservation 1416 Ninth Street, Sacramento, CA 95814 PO Box 942896 Sacramento, CA 94296-0001 (916) 653-6624 phone (916) 653-9824 fax Application for Certified Local Government Certification Applicant (attach general organization chart) Local Government Address Chief Elected Local Official Name Title Legislative Representatives (list names and district numbers) California Assembly California Senate U.S. Congress Local Government Contact Person (enclose résumé, professional qualifications, and departmental organization chart) Name Title Department Address Telephone Number Fax Number Email Address Resolution of Local Government (attach) Date Approved Authorized Signature 17 Local Commission/Board (Attach a current résumé and commissioner qualification form for each commission member.) Name of Commission/Board Names and Professions of Members Local Historic Preservation Ordinance or appropriate section(s) of municipal code (attach) Name of Document Date of Enactment Local Historic Preservation Plan or Historic Preservation Element of General Plan (attach) Name of Document Date of Enactment Plans to prepare a Plan or Element if one has not been adopted Local Government Assurance I assure the State of California, Office of Historic Preservation, that this government shall comply with and fulfill all the requirements of the Certified Local Government program. __________________________________ ___________________________________ Signature of Chief Elected Local Official Printed Name of Chief Elected Local Official ___________________________________ ___________________________________ Title Date 18 CLG Certification Application Attachments Provide a narrative summary describing historic contexts developed and past and current historic resource survey activities, including type of survey (reconnaissance or intensive) and percentage of coverage of local jurisdiction. Additionally, provide information regarding future survey plans and how they will conform to the state and federal standards for surveys. Provide a narrative summaryof current historic preservation program activities performed by the local government. For example, local designation programs, educational/outreach programs, design review, etc. Provide a narrative summary explaining any new or additional historic preservation program activities that will be carried out as a result of becoming a CLG. Provide a narrative summary which explains the current functions, responsibilities, and authority of the local review commission/board. Provide a narrative summary describing economic incentive or other benefits offered by the local government to owners of historic properties. Provide a narrative summary describing how review of projects affecting historical resources in the local government jurisdiction is carried out under the California Environmental Quality Act and Section 106 of the National Historic Preservation Act. 19 Statement of Commissioner Qualifications Local Government ________________________________________________ Name of Commissioner ____________________________________________ Date of Appointment _______________ Date Term Expires _____________ Certified Local Government procedures require local commissions to meet specific professional requirements. The commission shall include a minimum membership of five individuals with all members having demonstrated interest, competence, or knowledge in historic preservation. At least two 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 Are you a professional in one of the disciplines associated with historic preservation listed above? Yes No Summarize your qualifying education, professional experience, and any appropriate licenses or certificates. Attach a resume. 20 Appendix B: Sample Resolution A resolution passed by the city council or board of supervisors must accompany the application. Below is a sample resolution which can be adapted to meet local needs. RESOLUTION NO. _______ RESOLUTION OF THE CITY COUNCIL/BOARD OF SUPERVISORS CITY/COUNTY OF _________________________________ APPROVING THE APPLICATION AND CERTIFICATION AGREEMENT FOR THE CERTIFIED LOCAL GOVERNMENT HISTORIC PRESERVATION PROGRAM WHEREAS, the United States Congress under the National Historic Preservation Act of 1966, amended (16 U.S.C. 470), has authorized the establishment of a Certified Local Government program; and WHEREAS, the State of California, represented by the State Historic Preservation Officer, is responsible for the administration of the program within the state and the establishment of necessary rules and procedures governing the application by local agencies under the program; and WHEREAS, said adopted procedures established by the State of California require the applicant to certify by resolution of the local government's elected officials the approval of an application prior to submission of said application. to the state; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL/BOARD OF SUPERVISORS hereby: 1. Approves the filing of an application for certification under the Certified Local Government Program; and 2. Appoints the (position/title) or 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. ______________________________________ Mayor/ Board of Supervisors Chair Attest: Other signatures as appropriate 21 Appendix C: Suggested Preservation Plan/Historic Preservation Element of the General Plan Components The following is a list of ten essential components that should be considered or addressed in every formal preservation plan or historic preservation element of the General Plan: 1. Statement of historic and/or archaeological preservation goals in the community, and the purpose of the preservation plan. 2. Definition of the historic and/or archaeological character of the community. Are there one or more historic contexts which are important in the development of your community? 3. Summary of past and current efforts to preserve the community's character. 4. A survey of historic and archaeological resources in the community, or a definition of the type of survey that should be conducted in communities that have not yet completed a survey. 5. Explanation of the legal basis for protection of historic and archaeological resources in the community. 6. Statement of the relationship between historic and archaeological resources preservation and other local land-use and growth management authorities, such as the zoning ordinance. 7. Statement of the public sector's responsibilities towards city- or county-owned historic and archaeological resources, and for ensuring that public actions do not adversely affect those resources. 8. Statement of incentives that are, or should be, available to assist in the preservation of the community's historic and archaeological resources. 9. Statement of the relationship between historic preservation and the community's educational system and program. 10. A precise statement of goals and policies, including a specific agenda for future action to accomplish those goals. The above elements are based upon a publication, Preparing a Historic Preservation by Bradford J. White and Richard J. Roddewig. A copy may be obtained from APA Plan Planners Bookstore at www.planning.org/apastore/Search/Default.aspx?p=2378 . 22 Appendix D: Sample Certification Agreement The local government and State of California must execute a Certification Agreement that identifies the specific responsibilities of the local government. This document will be prepared by the OHP and presented to the local government for concurrent signatures Sample Certification Agreement Pursuant to the provisions of the National Historic Preservation Act, as amended, to applicable federal regulations (36 CFR Part 61), and to the State of California?s Certified Local Government Program Application and Procedures (Application and Procedures), the City [or County] of ________________________agrees to: 1. Enforce appropriate legislation for the designation and protection of historic properties; maintain an adequate and qualified historic preservation review commission composed of professional and lay members; maintain a system for the survey and inventory of historic properties; and provide for adequate public participation in the historic preservation program including the process of recommending properties to the National Register of Historic Places, pursuant to the Application and Procedures. 2. Enforce its historic preservation ordinance and CEQA procedures as it relates to the consideration of historical resources. The Participant shall consult with the SHPO for any amendments or revisions to said ordinance prior to making such changes. 3. Submit to the SHPO an annual report, pursuant to 36 CFR 61.5(e)(5), consistent with the report guidelines published by the SHPO. 4. Adhere to requirements outlined in the State of California Certified Local Government Application and Procedures. The State Historic Preservation Officer (SHPO) shall: 1. Inform the Participant of the annual availability of National Historic Preservation Fund grants, for which the Participant is eligible as a Certified Local Government, to compete. 2. Provide information, technical assistance, and opportunities for training to the CLG. 3. Review and provide comments on proposed ordinance changes. Upon its designation as a CLG, [enter local government name] shall be eligible for all rights and privileges of a Certified Local Government specified in the National Historic Preservation Act and procedures of the State of California, including eligibility to apply for available CLG grant funds in competition with other CLGs. 23