HomeMy WebLinkAboutCC 13 HISTORIC PROGRAM 01-07-91CONSENT CALENDAR NO. 13
1-7-91
)ATE: JANUARY 7, 1991
Inter - Com
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CERTIFIED LOCAL GOVERNMENT HISTORIC PROGRAM
RECOMMENDATION
It is recommended that the City Council take the following actions:
Approve the filing of an application for certification under
the Certified Local Government Historic Preservation Program
at the expanded level of participation; and appoint the
Community Development Director or her 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 by
adopting Resolution No. 91-3.
BACKGROUND
On June 20, 1988, the City Council passed and adopted Ordinance No.
1001, which created the Cultural Resources District and the
Cultural Resources Advisory Committee. Since that time, the
Committee has assisted in the preparation of the comprehensive
Historical Resources Survey and has advised the city on issues
related to historical preservation.
Certification by the State in the Certified Local Government
Historic Program is the next important step in achieving a formally
recognized local historic preservation program. Such status allows
the City to expand their involvement in nominations to the National
Register and to review applications for rehabilitation investment
tax credits and environmental projects having federal involvement.
In addition, the City would be able to apply for a share of the
Federal Grant money which is annually distributed by the State
office of Historic Preservation. These grants, which are typically
between $1,000 and $15,000, are limited to Certified Local
Governments and are awarded on a 50/50 matching basis. The money
may be used for the implementation of eligible activities which
promote the identification, evaluation, nomination, and
preservation of the community's 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 community -wide
historic preservation plans, nomination of properties to the
City Council Report
Certified Local Government Historic Program
I January 7, 1991
Page 2
National Register, administration of a preservation revolving fund,
and publication of literature on historic preservation. Certified
Local Governments may not use Historic Preservation Fund 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.
The actual amount of grant money awarded to a local jurisdiction
not only depends on the city's level of participation, but also on
the amounts received by other cities in the state. The State
Office of Historic Preservation attempts to allocate monies
equitably between rural and urban, and northern, central and
southern areas of the state. In addition, the amount must be
sufficient to produce a specific impact. Not all eligible
certified local governments receive grants.
There are two levels of participation in the Certified Local
Government Historic Preservation Program. The principal difference
between the two levels is the adoption of local historic
preservation ordinances; which is required at the expanded level
but only encouraged at the threshold level. As a Certified Local
Government at the expanded level of participation, the City of
Tustin would receive higher selection priority in grant allocation
and under mutual agreement, would be expected to meet additional
requirements as delegated by the State. These requirements
include, but are not limited to, the following: the adoption of a
general plan provisions related to historical preservation, the
development of educational programs, and the establishment of
procedures for implementation of the investment tax credit program
at the local level.
CONCLUSION
As a Certified Local Government, the City of Tustin would be
officially recognized as having a local historic preservation
Community Development Department
City Council Report
Certified Local Government Historic Program
I January 7, 1991
Page 3
program and would be eligible to apply for grants to assist in the
development of the program.
Scott C. Reekstin Christine A. S gleton
Assistant Planner Director of Com unity Development
Attachment 1: Procedures for Certified Local Government Historic
Preservation Program
SR:CAS:nm\certifie.sr
Community Development Department
ATTACHMENT 1
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 state of tural resources
our ernby
promoting a partnership between local governments an
d theLocal involvement in preservation issues permits a CLG to assume a leadership role
in the preservation of the community'scultural 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 li 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 Historic Preservation Act of 1966. In part, the
National Historic Preservation Act of 1966 instructed
their the Fehistolr covernment to
preservation
assist local governments to expand and accele
programs and activities. Since enactment of the National Historic Preservation Act
of 1%6, 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 ply roject
delays
fodr
increasing costs. In addition thPPo�c�ould satisfy preservation and
preservation -oriented development
development goals.
In recognition of the need to involve local governments in historic preservation. the
1930 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 Fwd i(HPF) monation of ies by states governments
io
and for the allocation of Historic Preservation
certified local governments. To qualify for* certification, theelegislation
and legal
specifies that local governments must have certain administrative
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 he eligible
to apply to the state for a share of the state's annual HPF allot
At least ten percent (10%, r,i California's annual HPF allocati ll bedested
for transfer to the CLGs. CLGs receiving HPF grants shall be const sgran
of the state_ All Cl -Gs shall be eligible to receive funds from the is not CeLG share
of award
the
state's local annual HPF grant awardihsreceive fundsc� At such time as Congress
funds to all governments that are e gblet
may appropriate more than $659000,000.00 to the HPF, a different distribution
formula will be in effect, resulting in a proportionately larger share to the CLGs.
Historic Preservation Fund grants shall be awarded to CI -Gs on- 5015th st tching
basis. The matching share is ja requirement to maintain consistency
ard
federal allocations to state and to ensure standard accoucc ability eiwith the
fiscal
management. Local financial management systems shall be in
dards specified in the federal Office of Management and Budget (OMB)
Stan P General
Circular A-128 and shall also be auditable pursuant tPrograms, Activities,
Office's "Standards for Audit of Governmental Organizations,
and Functions."
The California CLG program offers local governments an opportunity
or involvement
ier em of
in historic preservation at two levels of participation.overriments capable of either
allocating HPF funds provides recognition for gin the
assuming substantial responsibilities or opting for minimal paricipW th the level
program. Pass-through grant amounts shall levelwarded commensurate of participation requires the local
of participation by the CLG. Threshold
government to satisfy the five minimum requirements identified in the Coa
Fe of
ederal Regulations, 36 CFR Part 61. Supplemental allocation of u for expanded
level of participation shall be contingent upon satisfying addito tional
aca carried requirements.
ouin
Responsibilities of the CLG shall be complementary esecvat on Office (SHPO) as outlined
coordination with those of the State Historic
in 36 CFR 61.4(b).
THRESHOLD LEVEL OF PARTICIPATION
with the exception of
Any local government is eligible, to apply f eCicaA inocal government is any
regional commissions and councils of governments-
general purpose political subdivision of California such as a city or a county. Local
g purp
governments must:
1. Enforce appropriate state and local legislation for the designation and
protection of historic properties,
2. Establish an adequate and qualified historic preservation review commission by
I ocal I aw,
3. Maintain a system for the'survey and inventory of historic properties,
4. Provide for adequate public participation in the local historicreser onion
program, including the process of recommending properties for no
the National Register, and
5. Satisfactorily perform the responsibilities delegatec-f to it by the state.
K
Local governments may
he certified to participate in the CLG program at the
threshold level of participation by complying with the following requirements:
Enforce propriate state or local legislation for the designation and
T. F _n aP
orotection of historic properties:
enact
A. State enabling legislation provides for local jCodSections 65850,
appropriate legislation. California Government
25373, and 37361 enable city and county legislative bodies to provide forlaces. sites,
"the protection, enhancement, perpetuation, or use of P
buildings, structures,
works of art and other objects having a special
character or special historical or aesthetic interest or value."
R. Lora governments governments are encouraged to adopt local historic hreory tion
ordinances with provisions for designation and protection o
archeological resources.
The appropriate legislation shall be consistent with the 1i198n0. and purpose
{-
of the National Historic Preservation Act as amend
ed Establish an adequate to and qualified historic preservation review commission by
I I.
state or local law:
governments must establish an adequate historic preservation
A. Local gThe commission shall include a minimum
review commission by local law.
membership shi of five individuals with all members having demonstrated
interest, competence, or knowledge in historic preservation.
appointed from among professionals in the
g. Commission members shall be app architectural history, planning,
disciplines of architecture, history,
such
archeologY., or other historic preservation-related disciplines, ultural
as
urban planning, American studies, American civilization,professionals
geography, or cultural anthropology, to the extent that such p
gr vailable in the community.
Commission membership shall also
are a special interest,
include lay members who have demonstratedistoric e5�spec on, American
competence, experience, or knowledge in
hgeography, or other historic
studies, cultural anthropology,
preservation-related disciplines.
sal expertise is not represented on the commission for
� are
C' . if a spec xP
consideration of National Register nominatironsohotdhuC Ply the local
normally evaluated by a professional
nt shall obtain professional technical expertise f omestablis as
„ovecnme ublic agencies, or other comm
organizations, institutions, p
State
Historic Preservation (OHP)? Historical
the State office of centers,
Resources Commission, regional archeological information
colleges or universities, AIA preservation officers, private preservation
consultants, or regional councils of governments.
le
D. The focal government must demonstrate that it has madea re asci ably
effort to fill positions on the commission �n It pdiverse a range ionof
members as highly qualified, and representing as
ciisciplines, as passible.
3
E. Commission n. .oers shall be appointed by the chi\ ected 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
provided in the
l be
staggered and of two (2) year minimum duration (except as p
initiation of the commission).
F. 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 f ile and available for
public inspection.
G. Each commission member is required to attend at least one informational
or educational meeting, seminar, workshop, or conf e m races on and would d
er year that
pertains directly to the work and functions of the co
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.
H. The commission shall publish procedural rules for registering ram forical
the
properties identified in a local cultural resourcaccordancervey withhe grequirements
National Register of Historic Pl ,
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.
1.
commission shall be responsible nsible for overseeing u he within compiling,its
recording, and updating of information on cultural resources
jurisdiction. The information shall be based on a comprehensive survey
whim is conducted in conformance with state survey standards and
procedures. Surveys completed 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 shallt a su mitted but
to
the state at the end of each calendar year. The reports
not be limited to. stich information as appointments to the commarecords ong
of
resumes of commission members and staff, attendance
he
members, official minute's of the commission meetings, revisions sucht as
enabling ordinance if applicable, sponsorship � � ialopf environmental
educational workshops or conferences,
review cases requiring commission comments, new landmarks d cultural
historic
districts designated, review of National Register nominations.
resources survey updates, and other pertinent activities performed by the
com m i ssi on.
4
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.
1. 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 conciucting its
inventory of historic properties. State -approved inventory forms
(PPR 523), encoding sheets (PPR 660), and the California Historic
Resources Invent2g_SurveX Workbook shall he used to facilitate
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 be on deposit at the local planning department
and OHP. See I VB(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.
1. Public participation shall be fully encouraged in direct involvement
on the local historic preservation commission as professional or lay
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.
V.
2. Public pa _.cipation shall he fully encouraged he performance of
the historic survey program at all levels of completion to identify
and inventory significant cultural resources in thejurisdiction
f di t oa pub) c
CLG. Survey results shall be of public record and
institution, except in the case of sensitive resources, e.g.,
archeological sites subject to vandalism.
3. Public participation and comment shall be fully efn gusto ed in the
tc Places
nomination process for the National Register of
program. The CLG shall publish the procedures by which
assessments of potential National Register nominations will be
administered.
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 fake these P m the ,and
ds
other documents as necessary. The CLG shall m
available to the state.
2. 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 nt document
s totthat assessment and
bring its performance
recommend to the local governP
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 t government tt
r - e
state shall recommend decertification
ecefic 1 f the forfor the recommendation.
more
the Secretary, citing p� reasons
Performance shall be deemed unsatisfactory if one
commission f fails
following conditions exist or is applicable: a) t
to perform its delegated responsibilities within established time
periods; b1 the CLG fails to coordinate its responsibilities with the
state; c1 the commission substantially fails to maintain consistency
rds for
of its design review decisions with the Secretary's
historic preservation; d) the CLG fails to maintain a qualified
historic preservation review commissionwe and comment; or fails
al the
to
acquire the appropriate expertise for review
CLG fails to enforce the provisions of the local preservation
ordinance; f) the CLG fails to comply adequately with proper
rcular A iscal
management of HPF grants in accordance ationalth e Register Pro rams
the Single Audit Act of 1984, z
Manual.
R. The state shall conduct financial assistancecheot ed spti n
to the National egister Programs Manua) when Iprocedures
clKov rr t;
decertified.
N
C. CI -Gs may petition OHP to be decertified voluntarily and without
prejudice.
1). 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,
Places.
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. Procedural 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. recisions 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 alRegister
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.
�,. The CLG shall establish procedures for the National Register
nomination process consistent with the requirements in the National
Historic Preservation Act, Section 101(c)(2).
a. Subsection 101(c)(2)(A) states that "Before a property within
the jurisdiction of the certified local governmentSecretary be
considered by the State to be nominated to
the inclusion on the National Register, caner Statehe Historic
Preservation Officer shall notify the o theapplicable cable
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 (B), after receipt of such
a
report and recommendation, or if no suchreport
recommendation are received within sixty days, the State shall
7
make the nomination pursuant
uan ss witch Sheconcurrence of the
.01(a). The State
may expedite such pr
certified local government."
b. Subsection 191(c)(2)(B) states that "If both the commission
and
the chief local elected official recommend that a property
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 recommeappeal ndation
withthe
the
State Historic Preservation Officer the State shall follow the
State. If such an appeal is filed,
procedure for making a nomination pursuant to Section 101(a). shall
Any report and recommendations made under this
be included with any nomination submitted by the state to the
Secretary.
7. By mutual written agreement with the local governing ody' the
state may delegate additional responsibilities to t CLG
EXPANDED LEVEL OF PARTICIPATION
at the expanded level of participation by
Local governments may participate y
;n with all responsibilities required at the threshold level statertma participation.
�ornP1Y R body, theY
mutual written agreement with the 'local governing
additional responsibilities to the CLG.
Local governments may be certified to participate in the program at the expanded
eves of anticipation by fulfilling selected elements of the following requirements:
I P
i. State enabling legislation provides for local jurisdictions to enact appropriate
legislation. The CLG shall adopt a historic preservation ordinance with the
following provisions:
purpose should dearly recite the
A. T�eclaration of Policy - A ordinance and specificallytatement of contain a general
reasons for enacting thepublic
welfare clause illustrating that historic preservation
is public benefits
interest. The policy declaration shall also des
cribe possible for the CLG gained through educational, cultural, aesthetic,
social, and economic enhancements f nom historic preservation.
Preservation Commission - The ordinance shall authorize the creationinance of t
B. Provisions of the
historic preservation commission. composition, qualifications,
include specific guidance in the membership and
��mms of office of the
compensation, appointments, powers,
tyj
commission. The commission. staffing, budgeting, rule-makingies musts be
and legal jurisdiction overseeinhistoric p th Commission authority to
well defined • The ordinance s R procedure adopted
P its own operating rules (by-laws.
o ws) b1Ru ic Rules The area of
by the rommiss!on shah 5e available Pu
authority for the commission shall be coterminous with the
geographical
boundaries of the focal jurisdiction.
M
g
C. Historic Survey and Re istration - The ordinance shall include historic provisions
for the compiling, updating, and maintaining of an inventory o
The ordinance must
resources located within the jurisdiction of the CLG-evaluating and registering both
also ci ear ly delineate procedures for
individual historic properties and historic districts.
Strict criminal and civil penalty provisions
D. Penalties and Severability ability and credibility.
must be included to ensure ainstnforcement p the disallowance of the
Severability shall be included Protect agbe
total ordinance in the event that one section is determined to
unconstitutional or otherwise invalidated.
revise definitions
operational Definitions - 'The ordinance shall
� include
sntCo uicedistiricts, eligibility
E'reservation commission,
of
such terms as preservation
standards, demolition stays, and
criteria, alteration and imp clarify and define administrative
other preservation terminology do help
p cocedu res.
o f a historical pCeServation element for m he e t Codel
U. The CLG may P the California Govern
jurisdiction's General Plan, as authorized
shall establish procedures for
The CLG, in conjunction with
implementation of the element.
'ci ate in the environmental review of local projects in
The CLG shall parte p
}� requirements under the California Environmental ff Quality
g
accordance with t reQ� permit actions
review and comment on p
Act. The commission may properties and other resources eligible for listing, in
significant listed
historic po d ordinance requirements and with the Calif ornia
accordance with local defines should include standards for
Environmental Quality Act. Procedural gui and appeal
demolition stays, design review criteria, anti -neglect requirements,
strategies.
in the review and comment on historic preservation ush
IV• The CLG may participate
cert
certification appEcauOns f or tax incentives. The � � a� state
Pr gram at the
procedures for implementation of the investment
crn ante with The Secret of the Interior's Standards for
i
local level n conf o
H'lstor is Preservation.
develop educational programs promoting historic preservation at
V. The CLG may dev p sponsorship of preservation
the local level such as, but not limited LOQreservation
workshops,publication of preservation informatioorganizing curricula for
fairs, onducting walking tours, and preparing preservation
schools.
Commission members may act in an advisory capacity
to other off icials and
VI. local government and act as a liaison on behalf of the
departments within the g
CLG to
individuals and organizations concerned with historic preservation.
VII. The CLG may participate ate in the mills Act property -tax relief program for
owners of historic properties.
in the darks Historical Rehabilitation Act f Or
that the
vTu. The CLG may participate
ance of tax-exempt industrial development bonds, providing board.
issuance art of the required citizen advisory
commission shall serve as all or p
0J
IX. By mutual written agreement with the local governing Ay, the state may
delegate additional responsibilities to the CLG.
CERTIFICATION OF LOCAL GOVERNMENTS
State shall provide a mechanism for certifying local governments to participate in
applications for certification at
the CLG program. Local governments may submit app
any time. Application requests shall be submitted by the chief elected local official.
in
1. The chief elected local official shall request certification from t elcvele of
writing, with specific reference r m certification�ldsha�ll include:
participation. The official request
2.
3.
lip
A. A written assurance by the chief elected local official that requirementshe of local
government fulfills and shall fulfill all the
certification standards,
Of the local historic preservation legislation and a copy of the
B. A copy with description local government charter, tion of the boundaries administered P
by the local jurisdiction,
C. Resumes for each of the members of the historic preservation commission,-
where appropriate, of staff members responsible for
D. Mama and resumes,
administration of the historic preservation program for the commission or
local government,
E• if beg
un, evidence of a cultural resources survey performed in the community, with inf ormattion on the progress and future intent of the
survey, and
F. 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
nceet
applications m determine the local government's ability of
requirements for the CLG program at either the threshold or expanded
rolevel v�of
participation. SHPO concurrence shall be required red for fin pp
certification of a local government.
government's request has been approved in
When a local g s certification process, the state shall
accordance with the state's approved certification presentation to the local
prepare a written certification agreement for p
government.
The certification agreement shall identify the minimum required
responsibilities of the local government when certified. The
e CLG ment
Shall also include any additional responsibilities delegated t
A.
10
B. State
shall f orward to the Secretary a copy of the approved request and
the certification agreement.
the Secretary does not take exception to the request within fiefteen (15)
ent shall
C. request, the local govern
Wa-}ting days of receipt of the states req
be regarded as certified by the Secretary.
D. 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
n percent of Calif ornia4s annual HPF allocation shall be identification,an
to
At least to
CLGs for implementation of eligible activities � communities'
�gnifiCant Cultura
evaluation, nomination, and preservation of their
Specific activities may include, but not be limited to, adoption f al
resources' Sp development of public education programs,
preservation 'related legislation, p wig historic preservation plans,
establishment of comprehensive community ,reservation
nomination of properties to the National Register, administration f asapff position
nem entad on of a permanent administrative
revolving fund, imp and publication of literature on historic
responsible for preservation activities, acquisition, development,
preservation. CLGs may not use HPF grants f oc the
e or operation of historic properties. In addition, transferred rlobbyi g
maintenance, other f ederal gran
shall not be applied as mating share for any
purposes.
Any state -directed specific uses of HPF funds shall be f or activities and which are consistent for
wthe hiff the
state would be eligible for HPF funding,
Comprehensive historic preservation planning process.
Calif omia shall make a reasonable effort to distribute HPF grants a 6o 7gf)tI)
maximum number of eligible local governments consistent iowith �taCble locations
Reasonable distribution of funds shall includeconsideration
s oe fern, and Central portions of
between urban and rural areas and among nor -them, dist ro disproportionate share of the
the state. Equitable distribution discourages a P P
allocation awarded to a single CLG.
The C LG's share of the HPF shall be of a sufficient
resi ie t
impact and to generate eff ects directly as
not required to award funds to all governments that
Program consistency and quality of standards
andard terequire
funds to all eligible local governments
tangible results.
amount to produce a specific
he funds transf er. The state is
are eligible to receive grants.
that the state not award grant
a risk of sacrificing positive,
Eligible local governments shall adhere to the state's instructions for allocation of
the CLG share of Calif ornia's annual HPF.
The state periodically eriodically notify all CLGs of the funding availability of HPF grants
to qualified local governments.
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The CLG receiving a P or . . of the local share of the state's al HPF must satisfy
certain minimum requi rem ents.
1. The CLG must maintain adequate financial management
t recent systems OM n
accordance with the standards specified in the
Circular A-128.
A. Local financial management systems shall be auditable pursuant
to t e
General Accounting Office's Standards f or Audit of
organizations, Programs, Activities and Funs
tions -
B.
The state shall be responsible, through financial audit, for theA 128,
accounting of CLG share monies in accord )with OMB Circular
the Single Audit Act of 1984 (Public Law 9
2. The CLG small adhere to all requirements of the National Register Programs
Manual, which sets 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 thhedCLG
has a meets
t e
requirements of the National Register aPrograms
n �� � agency.
indirect cost rate approved by the cog
4.
The CLG must adhere to any requirements mandated by Congress regarding
the use of the HPF monies.
The CLG shall meet all certification eligibility requirements during the grant
5• regiment between the state and the
period, as specified in the written grant a8 .
CLG.
The state shall award funds on a competitive bass to CLGs, contingent upon the
following priorities and criteria.
The CLG demonstrates a clear understanding of state and local preservation
1, Thand protection of
programs contributing toward the identification,
of�h °local government.
significant cultural resources within the jurisdiction
2.
The CLG provides adequate matching local share (50%) as match f or 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.
(30) days after the state receives formal obligation of funds �f r m he
Within thirty Y CLGs of the sur grant
Department of the Interior, the stalected CLGs o the State Historical Resources
awards. The state shall submit the se the public,
upon
Commission for concurrence. The state shall make available nts to
the rationale for the applicants selected and the
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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 Elected Local Official" means the elected head of a local government.
"C LG Share" means the funding authorized f or transfer to local govemm encs.
"Comprehensive Historic Preservation Planning" means an ongoing process that is
consistent with technical 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 Pian" 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 organizing a logical sequence of preservation information pertaining to
identification, evaluation, registration, and treatment of historic properties, and
setting priorities f or 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 -delated historic preservation programs of the states, local governments, and
the National Trust for Historic Preservation. This manual includes guidelines and
procedures f or the administration of the historic preservation grants-in-aid programs
and supersedes the HPF Grants -Management Manual.
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"National Park Service" i. -ns the bureau of the Department ie Interior to which
the Secretary of the Interior has delegated the authority and responsibility for
administering the National Historic Preservation 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
ha stork
s been
designated and appointed by the Governor to administer
preservation program in Calif ornia.
"State Program" means the state historic preservation program in California.
"Subgrantee'+ means the certified local government to which a subgrand • made by
the state and which is accountable to the state for use of the funds p
rovi
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�3
RESOLUTION NO. 91-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING THE
APPLICATION AND CERTIFICATION AGREEMENT FOR
THE CERTIFIED LOCAL GOVERNMENT HISTORIC
PRESERVATION PROGRAM.
WHEREAS, the Congress under Public Law 89-665 has
authorized the establishment 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, THEREFORE, BE 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 Community Development Director or
her 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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Resolution No. 91-3
January 7, 1991
PASSED AND ADOPTED by the City Council of the City
of Tustin at a regular meeting held on the day of
, 1991.
Richard, B. Edgar, Mayor
Mary E. Wynn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 91-3
MARY E. WYNN, City Clerk and ex -of f icio Clerk of the City
Council of the City of Tustin, California, does hereby
certify that the whole number of the members of the City
Council of the City of Tustin is ; that the above and
foregoing Resolution No. 91-3 was duly and regularly
introduced, passed and adopted at a regular meeting of
the City Council held on the day of ,
1990, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
SR:nm/91-3.sr
Mary E. Wynn, City Clerk