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This workshop is held in partnership with 5 THIRD ST., SUITE 424 SAN FRANCISCO, CA 94103 415-495-0349 WWW.CALIFORNIAPRESERVATION.ORG CPF@CALIFORNIAPRESERVATION.

, Brandt-Hawley Law Group; Christine Fukasawa, CEQA/NEPA Project Manager, ICF International; Laura Jones, Director of Heritage Services and University Archaeologist for Stanford University; Meg

, Partner, Perkins Coie Location: Wednesday, May 28, 2014 Cypress Lounge at Tresidder Building, Stanford University, Palo Alto Workshop Summary: Often perceived as an environmental protection

1 This workshop is held in partnership with 5 THIRD ST., SUITE 424 SAN FRANCISCO, CA CPF@CALIFORNIAPRESERVATION.ORG Speakers: The California Environmental Quality Act (CEQA) and Historic Preservation Susan Brandt-Hawley, Esq., Brandt-Hawley Law Group; Christine Fukasawa, CEQA/NEPA Project Manager, ICF International; Laura Jones, Director of Heritage Services and University Archaeologist for Stanford University; Meg Scantlebury, MAHP, Senior Architectural Historian; Stephen Schafer, Director of Advocacy of the San Buenaventura Conservancy; Barbara J. Schussman, Esq., Partner, Perkins Coie Location: Wednesday, May 28, 2014 Cypress Lounge at Tresidder Building, Stanford University, Palo Alto Workshop Summary: Often perceived as an environmental protection mechanism, the California Environmental Quality Act (CEQA) has also been a successful tool for preservationists. Projects in cities across the state are subject to CEQA review, but historic preservation often fails to become a significant factor in the review process. This workshop will examine preservation's successes - and failures - in using CEQA as a legal tool to protect historic resources. It will also look at CEQA from a developer or owner s perspective. Case studies will help illustrate the review process, differences between ministerial and discretionary projects, and the role of historic preservation in Environmental Impact Reports (EIRs). Attendees will also examine case law to see how CEQA has been applied in recent court cases. Learning Objectives: 1. Develop a working knowledge of CEQA guidelines and its applicability in historic preservation 2. Follow the CEQA process from preliminary review to the EIR and beyond 3. Review recent examples from case law that pertain to historic preservation 4. Engage with the most frequently applied mitigation measures and the effective monitoring and enforcement of mitigation

2 Schedule: 8:30-9:00 Registration 9:00 9:15 Welcome & Introductions 9:15 10:00 Overview: The Basics of CEQA and its Role in Historic Preservation Laura Jones General CEQA Requirements and Limitations The Who s Who of CEQA Lead Agencies Differences Between Ministerial and Discretionary Projects 10:00 11:00 CEQA Documents and Process Meg Scantlebury and Christine Fukasawa Which Historic Resources Qualify for Review Under CEQA? What is a Project Steps taken in the administrative review Statutory and categorical exemptions Summary of initial study in the EIR 11:00 11:15 BREAK 11:15 12:00 Susan Brandt-Hawley, Esq. CEQA Case Law 12:00 1:00 LUNCH 1:00 2:00 CEQA Case Studies and Hypotheticals Barbara J. Schussman, Esq. CEQA hypotheticals Case Studies Key issues and common gray areas and challenges 2:00 2:45 CEQA: Point and Counterpoint Barbara J. Schussman, Esq. and Susan Brandt-Hawley, Esq. A participatory session in which a controversial hypothetical project is presented, speakers advocate for each side of the issue, and the audience acts as planning department / jury. 2:45 3:00 BREAK 3:00 3:45 Mitigation Documentation, Creative Tools, and Financial Programs Stephen Schafer Crafting Meaningful Mitigation Measures Beyond Photography Using the Secretary's CEQA Loophole to Incentivize Preservation Mitigation and Negotiation: The Give and Take Process Case Studies: Successful CEQA Mitigations and a few that Failed How Monitoring Makes Mitigation Work 3:45 4:00 Final Q&A Discussion

3 Speaker Bios Susan Brandt-Hawley, Esq., Brandt-Hawley Law Group Attorney Susan Brandt-Hawley, King Hall UC Davis 77, represents public interest preservation groups in CEQA cases statewide from her offices in Sonoma County. Her environmental cases have contributed to precedent in the Court of Appeal and the California Supreme Court. She received the 2001 California Lawyer of the Year award in environmental law from California Lawyer and has been named repeatedly to the Daily Journal's lists of California "top women litigators." She is a member of the California Academy of Appellate Lawyers. Brandt-Hawley Law Group T: susanbh@preservationlawyers.com preservationlawyers.com Christine Fukasawa, CEQA/NEPA Project Manager, ICF International Christine Fukasawa is a CEQA/NEPA Project Manager for ICF International with over 10 years of experience specializing in preparation of environmental documents and technical reports for transportation, transit, and development projects primarily in the San Francisco Bay Area. Her past and present projects include the 880 HOV Lane Project (101 to 237) in Santa Clara County, the Bayview Transportation Improvement (BTI) Project in San Francisco, the El Camino Real Bus Rapid Transit (ECRBRT) Project between San José and Palo Alto, and the Newell Road/San Francisquito Creek Bridge Replacement Project in Palo Alto. ICF INTERNATIONAL 75 East Santa Clara Street San Jose, CA T: Christine.Fukasawa@icfi.com Laura Jones, Director of Heritage Services & University Archaeologist for Stanford University Dr. Laura Jones is Director of Heritage Services and University Archaeologist for Stanford University, responsible for stewardship of the University s nearly 100 archaeological sites and 200 historic buildings. She earned her Bachelor s degree from the University of California at San Diego in 1983 and a Master s Degree (1985) and Doctor of Philosophy (1990) from Stanford University. Her archaeological experience includes serving as director of a number of major excavations of prehistoric occupation and cemetery sites in the San Francisco Bay Area where she works closely with the indigenous Muwekma Ohlone Tribe. Primary themes in this work include mortuary treatment and subsistence strategies among complex hunter-gatherers. She has also conducted several historical archaeology projects and is

4 currently leading the excavation of the monumental Men s Gymnasium ruin, a site created by the Great Earthquake of Laura Jones also has a long-term interest in education. She served as Senior Scholar and Director of Community Programs at the Carnegie Foundation for the Advancement of Teaching from and is the co-author of a major study of doctoral education, The Formation of Scholars, published in Stanford Archaeology Center PO Box Stanford University Stanford, CA T: ; F: ljones@stanford.edu Meg Scantlebury, MAHP, Senior Architectural Historian Meg Scantlebury is an architectural historian with fifteen years of experience in implementing Section 106 of the National Historic Preservation Act, and is the cultural resources technical leader in ICF s Sacramento office. She has managed complex cultural resource projects, as well as interfaced these requirements with other environmental compliance requirements, including both state and federal natural-resource laws. She has comprehensive experience in preparing CEQA and NEPA documents, writing technical reports, findings of effect, writing and negotiating multi-agency agreements documents, and historic built resource treatment plans. She has led teams of architectural historians in multi-county/multi-state built resources surveys, and the production of associated evaluations, compliance reports and property databases. She has written, negotiated and implemented cultural resources compliance and treatment for the first Caltrans public/private partnership contract. Meg has also written and implemented a highly detailed built-environment treatment plan for a major transportation project through a national historic landmark district. She exceeds the Secretary of the Interior s minimum professional qualification standards. Before joining ICF, Meg served as cultural resources lead for the California High Speed Rail Authority where she oversaw the work of several teams of environmental consultants and worked closely with the FRA and federal resource agencies, and as a senior environmental planner at Caltrans, where she managed large, multi-phased projects and supervised staff. ICF INTERNATIONAL 630 K Street, Suite 400 Sacramento, CA T: meg.scantlebury@icfi.com Stephen Schafer (AKA: Schäf), Director of Advocacy of the San Buenaventura Conservancy

5 Stephen Schafer (AKA: Schäf) opened his photography studio in Ventura in after receiving his education from Brooks Institute of Photography, in Santa Barbara, and the University of Cape Town, South Africa. He specializes in architectural photography traveling worldwide for his projects. HABSPHOTO.com produces architectural and engineering documentation projects for a range of clients including: Perkins+Will, Shea Properties, Page & Turnbull, Chattel Inc., the Port of Long Beach, the Alameda Corridor Transportation Authority, NASA, SBRA, EBMUD, DNC, GPA, HRG, ASM, Æ, LSA, URS, SCE, PG&E, the City of L. A., and numerous other agencies and acronyms. Schäf is an expert in architectural photography with a practiced understanding of historic structures. He has completed documentary building and engineering surveys for architectural historians, municipalities and cultural resource management firms. His documentary photographs have been used to nominate sites to the National Register of Historic Places and as CEQA and Section 106 mitigation measures. He specializes in large format 5x7 and 4x5 film photography adhering to Secretary of the Interior's Standards for Architectural and Engineering Documentation. The subjects of his work are historic buildings, transportation and utility projects, bridges and range from a Cold-War stealth ship to an 1840 Adobe. These photo-documents are transmitted to the Library of Congress Historic American Buildings Survey (HABS), Historic American Engineering Record (HAER) and Historic American Landscapes Survey (HALS) collections. Schäf has taught at Ventura College, Brooks Institute, the LA Center of Photography and the University of Pittsburg's Semester at Sea Program. He has presented workshops and sessions on all aspects of photography and also on preservation and CEQA topics at APA and CPF conferences and at USC. He currently serves on the boards of the San Buenaventura Conservancy as advocacy chair and on the board of Urban Encore, a nonprofit focused on adaptive reuse of buildings in Ventura County. He is an appointee to the Ventura County Cultural Heritage Board (CLG). He lives in downtown Ventura with his wife Sherry, in an 1881 folk Victorian farmhouse that they rehabbed in PO Box Ventura, CA T: schaf@west.net Barbara J. Schussman, Esq., Partner, Perkins Coie Barbara Schussman focuses on securing federal, state and local agency approvals needed to develop a wide range of private and public projects, including industrial scale solar facilities, university campuses, hospitals, research and development facilities, water supply and storage projects, oil refineries, maritime port and airport expansions, and numerous industrial, commercial, housing and mixed use developments. Barbara counsels clients regarding compliance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA), legislative and quasi-adjudicatory approvals required under the California Planning and Zoning Law, and permits and approvals required by other

6 land use and environmental regulations, including the Clean Air Act, Clean Water Act, federal and state Endangered Species Acts, California Coastal Act and the Subdivision Map Act. She also is an experienced litigator, and has defended approvals and environmental permits in both the state and federal courts, including the California Supreme Court. Barbara advises and represents private developers and local agencies processing environmental impact reports and studies, negative declarations, environmental assessments, requests for annexation, general plan amendments, specific plans, rezoning applications, use permits, development agreements, subdivisions, initiatives, referenda, and other approvals. She has appeared before numerous boards, city councils, and other public agencies and practices in both the trial courts and courts of appeal. She is the author of the CEQA chapter of Curtin s California Land Use and Planning Law. She also teaches and lectures on CEQA and NEPA compliance and litigation issues for a variety of organizations. Barbara co-chairs a two-day NEPA conference for CLE International presented annually in California. Her recent presentations and papers include an analysis of judicial decisions and regulatory requirements pertaining to climate change effects under NEPA. Barbara s recent engagements include representing Renewable Resources Group in CEQA compliance and securing use permits for a 650 MW photovoltaic solar facility, representing Stanford University, Stanford Hospital and Lucile Packard Children s Hospital in securing land use approvals for major campus and hospital expansion projects in Santa Clara County and Redwood City; representing the Port of Stockton as special counsel in litigation challenging the Environmental Impact Report (EIR) prepared for reuse of a 1,500-acre former Navy facility as expanded port maritime and industrial facilities; representing Eagle Marine Services in securing approvals for expansion of its shipping terminal at the Port of Los Angeles; and representing Contra Costa Water District in expansion of the Los Vaqueros Reservoir. Four Embarcadero Center, Suite 2400 San Francisco, California T: ; F: BSchussman@perkinscoie.com

Surveys, Historic Structure Reports, and EIRs: A Practitioner s Toolkit. Jonathan Haeber, Field Services Director, California Preservation Foundation

This workshop is held in partnership with 5 THIRD ST., SUITE 424 SAN FRANCISCO, CA 94103 415-495-0349 WWW.CALIFORNIAPRESERVATION.ORG CPF@CALIFORNIAPRESERVATION.ORG Surveys, Historic Structure Reports,