Meeting Date: 7 August 2012
Prepared by: Marc Wiener, Associate Planner
City Council
Agenda Item Summary
Description: The City is proposing to submit an application to the State Office of Historic Preservation to become a CLG. Local govemments that have been certified are recognized for having established historic preservation programs that are consistent with Federal and State standards. CLG status does not require any funding from the City.
Staff Recommendation: Adopt the Resolution.
Important Considerations: Over the past several years Carmel has worked to establish a successful historic preservation program. In 2004 Carmel adopted its current Historic Preservation Ordinance with the purpose of promoting the preservation and enhancement of historic resources.
As a CLG Carmel will become eligible for State grants that can be used to fund local historic preservation activities. Becoming a CLG also will add prestige and credibility to Carmel's historic preservation program.
Decision Record: On 20 September 2010 the Historic Resources Board recommended that the City Council adopt the Resolution.
Reviewed by:
Jason Stilwell, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING THE APPLICATION AND CERTIFICATION AGREEMENT FOR THE CERTIFIED LOCAL GOVERNMENT (CLG) HISTORIC PRESERVATION PROGRAM
WHEREAS, the City of Carmel-by-the-Sea is a unique community that prides itself on its historic character; and
WHEREAS, the City has adopted a General Plan and Municipal Code that strive to protect the village character through clear policies and regulations that guide historic preservation; and
WHEREAS, on 20 September 2010 the Historic Resources Board recommended the adoption of a resolution approving the application and certification agreement for the Certified Local Government Historic Preservation Program; and
WHEREAS, the 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 Office of Historic Preservation, 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 OF THE CITY OF CARMEL-BY-THE-SEA does hereby:
1) Approve the filing of an application for certification under the Certified Local Government Program; and
2) Appoint the City Administrator 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 application for certification.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 7th day of August, 2012 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED:
_____________________________
JASON BURNETT, MAYOR
ATTEST:
__________________________________
Heidi Burch, City Clerk
WHY BECOME A CERTIFIED LOCAL GOVERNMENT (CLG)?
What’s in it for the local jurisdiction? Why would you want to associate your local preservation program
with state and federal programs? Would you be giving up autonomy?
Credibility
When your local preservation program is consistent with federal and state standards and regulations you
have the backing of programs that have stood the test of time. The National Historic Preservation Act has
been around since 1966. The National Register of Historic Places and its criteria are widely recognized
and they have been tested legally (reviewed, refined by adoption into regulations, tested and upheld in
courts). Although the California Register of Historical Resources is much newer (1992), its criteria and
procedures parallel the National Register.
When your local survey and designation program is consistent with the National Register and California
Register you know you are on safe ground. Similarly, in project review or adoption of Certificates of
Appropriateness, the adoption and use of the Secretary of the Interior’s Standards provides criteria for
project evaluation that, again, have stood the tests of time, reasonableness, and the courts. It 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
A perquisite for becoming a CLG is access to a listserv hosted by the State Office of Historic
Preservation. Membership to the listserv is limited to SHPO staff, CLG coordinators, members of CLG
boards/commission, and other interested staff in the CLG. It is a communication 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.
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Involvement
The CLG program brings local preservation boards and commissions into broader land use planning and
project approval processes. CLGs are obligated 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. In California, the CLG grant program
is competitive for a wider variety of preservation planning activities. This funding is not a large amount,
but it can support important activities including completion of a preservation element or plan, a survey,
preparation of a National Register district application, or the update of an ordinance. When work is
carried out under the CLG grant program, there is the assurance that the work conforms to time-tested
state and federal standards.
Autonomy
When your local governments decides to become a CLG, it agrees to carry out the intent of the NHPA
and the Secretary of the Interior's Standards. OHP's role is advisory. 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, OHP 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 OHP have any regulatory authority over local governments.
Neither the NPS nor OHP dictate the content of historic preservation plans or ordinances; neither the NPS
nor OHP review nor is their approval needed prior to the selection and appointment 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.
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.
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.
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