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HomeMy WebLinkAbout03/24/2009 11 State Historic Preservation Officer; Advisory Council on Historic Preservation; CDBG and HOME Grant Properties • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1/ Item No. For Meeting of March 24, 2009 ITEM TITLE: A resolution authorizing the City Manager to execute a Programmatic Agreement between the City of Yakima, the Washington State Historic Preservation Officer, and the Advisory Council on Historic Preservation for Yakima regarding projects funded by CDBG and HOME grants that impact historic properties. SUBMITTED BY: William R. Cook, Community and Economic Development Department Director CONTACT PERSON /TELEPHONE: Michael Morales, Community and Economic Development Deputy Director (575 -3533) SUMMARY EXPLANATION: In accordance with Federal HUD regulation requirements, the City of Yakima as a recipient of federal funds must consult with the Washington State Historic Preservation Officer and the Advisory Council on Historic Preservation for Yakima regarding projects located within the city limits of Yakima using CDBG or HOME funds. This programmatic agreement allows the City of Yakima to conduct emergency repairs and minor rehabilitation that has no effect on the historical preservation of a structure over 50 years of age, to take place without a lengthy independent review. Without this agreement such repairs would trigger a thirty (30) day consultation period with the Washington State Historic Preservation Officer before work could begin. With this agreement minor repairs may proceed quickly and efficiently within the parameters of the agreement. This proposal was discussed at the meeting of the City Council's Neighborhood Development Committee on March 11, 2009; the committee recommended that this proposal be forwarded to the full Council for approval. Resolution X Ordinance Other (Specify) Agreement X Mail to (name and address): Funding Source APPROVED FOR SUBMITTAL `\ ''� City Manager STAFF RECOMMENDATION: Approve Agreement BOARD /COMMISSION /COMMITTEE RECOMMENDATION: Committee recommended that • this proposal be forwarded to the full Council for approval. COUNCIL ACTION: RESOLUTION NO. R 200 - A RESOLUTION authorizing and directing the City Manager to execute a Programmatic Agreement between the City of Yakima, the Washington State Historic Preservation Officer, and the Advisory Council on Historic Preservation for Yakima regarding projects funded by CDBG and HOME grants that impact historic properties. WHEREAS, the City proposes to administer its Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Programs with funds from the Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974 and Title II of the National Affordable Housing Act of 1990 as amended. WHEREAS, the City has determined that the administration of these programs may have an effect on properties included in or eligible for inclusion in the National Register of Historic Places, and has consulted with the Washington State Historic Preservation Officer (SHPO); and WHEREAS, the City has also consulted with the Advisory Council on 4110 Historic Preservation for Yakima, Washington (Council) pursuant to 36 CFR §800.13, the regulations implementing Section 106 of the National Historic Preservation Act, and has invited it to sign this Programmatic Agreement WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached Programmatic Agreement with the Washington State Historic Preservation Officer and the Advisory Council on Historic Preservation for Yakima Washington as described above, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "Programmatic Agreement Between the City of Yakima, Washington, the Washington State Historic Preservation Officer, and the Advisory Council on Historic Preservation" regarding projects funded by CDBG and HOME grants that impact historic properties. ADOPTED BY THE CITY COUNCIL this 24 day of March, 2009. David Edler, Mayor ATTEST: City Clerk PROGRAMMATIC AGREEMENT BETWEEN THE CITY OF YAKIMA, WASHINGTON THE WASHINGTON STATE HISTORIC PRESERVATION OFFICER, AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION THIS PROGRAMMATIC AGREEMENT (Agreement) is made and entered into by and between the City of Yakima, Washington, a Washington State municipal corporation (City), the Washington State Historic Preservation Officer (SHPO), and. the Advisory Council on Historic Preservation for Yakima; Washington (Council). WHEREAS, the City proposes to administer its Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Programs with funds from the Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974 and Title II of the National Affordable Housing Act of 1990 as amended. WHEREAS, the City has determined that the administration of these programs may have an effect on properties included in or eligible for inclusion in the National Register of Historic Places and has consulted with the Washington State Historic Preservation Officer (SHPO); and 4110 WHEREAS, the City has consulted with the Advisory Council on Historic Preservation for Yakima, Washington (Council) pursuant to 36 CFR §800.13, the regulations implementing Section 106 of the National Historic Preservation Act, and has invited it to sign the Programmatic Agreement. NOW, THEREFORE, the City, the SHPO, and the Council agree that these programs shall be administered in accordance with the following stipulations to satisfy the City's Section 106 responsibilities for all individual undertakings of the programs. Stipulations The City shall ensure that the following measures are carried out: I. APPLICABILITY OF AGREEMENT The City shall comply with the stipulations set forth in this agreement for all programs and projects which are assisted entirely or in part by monies from the. CDBG and HOME programs of the U.S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974 and Title II of the National Affordable housing Act of 1990, as amended. The review established by this Agreement shall be completed prior to the City's final approval of any application for assistance under the CDBG and HOME programs, and prior to the City or property owner altering the property, or initiating or making an irrevocable S commitment for construction that may effect a property that is 50 years of age or older. II. PROJECTS NOT REQUIRING REVIEW BY THE SHPO OR THE COUNCIL A. Project activities not requiring review by the SHPO or the Council are enumerated in Attachment "A." A project consisting of activities both enumerated in Attachment "A" as well as activities not listed in Attachment "A" shall be reviewed pursuant to the terms of this Agreement. B. Projects do not require review pursuant to the terms of this Agreement when those projects involve only properties that are less than 50 years of age or properties that have been determined by the City in consultation with the SHPO and the Council to not be eligible for inclusion in the National Register either individually or as a component of a survey area that is not eligible as a historic district and no ground disturbance is part of the project. III. IDENTIFYING HISTORIC PROPERTIES A. The City shall submit a completed Department of Archaeology and Historic Preservation (DAHP) EZ 1 form to the SHPO for project review for projects assisted under the CDBG and HOME programs that includes any ground disturbing activities as part of the project. B. The City shall evaluate all properties which are 50 years of age or older that may be affected by projects receiving assistance from the CDBG and HOME programs to determine if any such property meet the National Register Criteria (36 CFR §60.4). This evaluation shall be made in consultation with the SHPO, and will be completed for any property meeting the age and/or project requirements referenced to Attachment "A." If the City and SHPO cannot agree if a property meets the National Register Criteria, the City shall request a determination of eligibility from the Keeper of the National Register in accordance with 36 CFR Part 63. The Keeper's decision regarding the eligibility of a property for inclusion in the National register shall be considered final and binding by the City. C. If the City and the SHPO do agree that a property is eligible for inclusion or listed in the National Register, or if a property is determined to be eligible for inclusion in the National Register by the Keeper, then the procedures to assess the effect of the proposed project outlined in Stipulation IV below, shall be followed. These properties shall be referred to as "historic properties" throughout the remainder of the Agreement. D. If the City and the SHPO agree that a property is not eligible for inclusion in the National Register, or if the Keeper makes such a determination, the City is not required to take any further steps pursuant to this PA. 411 IV. DETERMINATION OF PROJECT EFFECTS ON HISTORIC PROPERTIES A. If a project may be assisted by the CDBG or HOME programs and has the potential to effect a historic property identified through the procedures outlined in Stipulation III above, the City shall consult with the project proponent/applicant, to ensure that such project will conform to the recommended approaches of the Secretary of the Interior's Standard for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, (Standards) and the Secretary of the Interior's "Historic Preservation Briefs," ( "Preservation Briefs"). The City will consult informally with SHPO as necessary. B. Prior to any commitment by the City or the final approval of any project that may be assisted by the CDBG or HOME programs, and at such a time that the project may still be modified in response to any comments that may be received, the City shall submit a completed DAHP EZ 3 form and supporting documentation to the SHPO for review. The supporting documentation shall be amended to reflect the results of the consultation under Stipulation N.A. above, and shall include the work write -ups, plans, and any other available information that may assist the SHPO in the review of this undertaking. The City shall allow the SHPO 30 days from receipt of the completed EZ 3 form and complete documentation to review if the project is in accordance with the recommended approaches of the Standards and the "Preservation Briefs." If the SHPO does not agree that the project conforms to the recommended approaches of the Standards and the "Preservation Briefs," the SHPO may recommend modifications or conditions which would bring the project in conformance with these guidelines. If the City and SHPO agree that the project conforms to the recommended approaches of the Standards and the "Preservation Briefs," or if the City agrees to modify the project documents to incorporate the SHPO's recommended modifications or conditions, the City may approve the project or make a commitment to provide assistance to the project from.the CDBG or HOME programs. Construction may proceed in accordance with the application and supporting documentation submitted to the SHPO for review or modified in response to the SHPO's recommendations. Such a project will not be submitted to the Council for Review. C. If the City does not accept the SHPO's recommended modifications or conditions developed pursuant to Stipulation IV .A above, or if the City or the . • SHPO concludes that a project does not conform to the recommended approaches of the Standards and the "Preservation Briefs," the project shall be determined to have an adverse effect on historic properties. To avoid, minimize, or otherwise mitigate adverse effects, the City shall consult further with the SHPO regarding such projects and must obtain the comments of the • Council in accordance with 36 CFR §800.5(e). • V. DISPUTE RESOLUTION Should the SHPO or Council object within 30 days to any proposal included within'a project application or its supporting documentation, the City shall consult with the objecting party to resolve the objection. If the City determines that the objection cannot be resolved the City shall request the further comments of the Council pursuant to 36 CFR §800.6(b). Any Council comment provided in response to such a request will be taken into account by the City in accordance with 36 CFR §800.6(c)(2) with reference only to be subject of the dispute; the City's responsibility to carry out all other actions under this Agreement that are not the subject of the dispute shall remain unchanged. VI. QUALIFICATIONS OF CITY STAFF Qualified City staff shall, as part of their professional development, attend trainings, workshops, and seminars at SHPO recommendation that will be beneficial in implementing the stipulations set forth in this agreement. The City shall ensure that all historic preservation work carried out pursuant to this Agreement is carried out by or under the direct supervision of a person or persons meeting, at a minimum, the Secretary of the Interior's Professional Qualifications Standards, (48 FR 44738 -9). VII. REPORTING One year from the execution of this Agreement by the Council, and annually thereafter, the City shall submit a report to the SHPO, the Council, interested Tribes, and the Council that summarizes all activities and recommends any amendments or other revisions to the Agreement. This report shall serve as a basis for assessing if the Agreement shall remain in effect and if amendments of other revisions to the Agreement are warranted. VIII. AMENDMENTS Any party to this Agreement may request that it be amended, where upon the parties will consult in accordance with 36 CFR §800.13 to consider such amendment. IX. TERMINATION Any party to this Agreement may terminate it by providing thirty days notice to the other parties, provided that the parties will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination. In the event of termination, the. City will comply with 36 CFR §5800.4- 800.6 with regard to individual undertakings covered by this Agreement. X. NONCOMPLIANCE WITH AGREEMENT • In the event the City does not carry out the terms of this Agreement, the City will comply with 36 CFR §800.4-800.6 with regard to individual undertakings covered by this Agreement. EXECUTION AND IMPLEMENTATION of the Programmatic Agreement evidences that the City has afforded the Council a reasonable opportunity to comment on the program and that the City has taken into account the effects of the program on historic properties. ADVISORY COUNCIL ON HISTORIC PRESERVATION FOR YAKIMA, WA BY: Date: CITY OF YAKIMA, WASHINGTON By: Date: WASHINGTON STATE HISTORIC PRESERVATION OFFICER • By: Date: ATTACHMENT "A" PROJECT ACTIVITIES NOT REQUIRING THE REVIEW OF SHPO OR COUNCIL A. Weatherization and Energy Conservation 1.) Installation of insulation in the attic, basement, crawlspace, under floor, around pipes and ducts in such cases where the installation can be accomplished without permanent visual change to character defining feature of the exterior or interior. 2.) Application of caulking in a color that is compatible with the existing finishes. 3.) In -kind replacement of windows into existing wood sash frames B. Minor Exterior Repairs 1.) Preparation and painting exterior 2.) Lead Base Paint abatement 3.) Replacement of existing non - historic roofing with new roofing material that matches the existing or replicates the original. 4.) Side sewer and waterline replacement within the existing utility prism. C. Minor Interior Repairs 1.) Repair, replacement or modification of existing kitchen or bathroom if no alteration of character defining features is required 2.) Floor covering replacement 3.) Preparation and Painting 4.) Lead Base Paint abatement D. Plumbing, Mechanical and Electrical Repairs Repair, replacement or modification of existing plumbing, mechanical or electrical systems if no alteration of character defining features is required.