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HomeMy WebLinkAboutR-2009-044 State Historic Preservation Officer; Advisory Council on Historic Preservation; CDBG and HOME Grant PropertiesRESOLUTION NO. R 2009-44 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 induded 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 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 24t d March, 009. ATTEST: City Clerk avid Ed , ayor PROGRAMMATIC AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE WASHINGTON STATE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION FOR THE ADMINISTRATION OF CERTAIN HUD -FUNDED ACTIVITIES WHEREAS, the U.S. Department of Housing and Urban Development (HUD) provides grant funding to the City of Yakima (Yakima), an entitlement community in Washington; and WHEREAS, HUD regulations at 24 C.F.R. Part 58 implement statutory authorities that permit certain entities to assume HUD's environmental responsibilities for various HUD Programs, and included among the statutory authorities under which this responsibility is assumed in compliance with Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470 et seq] (Section 106); and WHEREAS, Yakima now administers HUD grant programs including, but not limited to: Community Development Block Grant and HOME Investment Partnerships Program; and WHEREAS, Yakima has determined that implementation of the HUD Programs may include activities, such as rehabilitation, demolition and new construction, that may have an effect on properties included in or eligible for inclusion in the National Register of Historic Places (Histonc Properties); and WHEREAS, Yakima has determined that certain activities funded by the HUD Programs have limited potential to affect Histonc Properties and has consulted with the Washington State Historic Preservation Officer (SHPO), the Director .of the Department of Archaeology and Historic Preservation (DAHP), pursuant to 36 C.F.R. 800.14 of the regulations implementing Section 106; NOW, THEREFORE, Yakima and the SHPO agree that the HUD Programs shall be administered in accordance with the following stipulations to satisfy the Section 106 responsibilities of Yakima. STIPULATIONS Yakima will each insure that the following stipulations are carried out. I. REVIEW Activities listed in Appendix A have limited potential to affect historic properties and may be approved by Yakima without further consultation with the SHPO or the ACHP. All undertakings not identified in Appendix A must be reviewed in accordance with 36 C.F.R Part 800 and are not covered under this PA. The list of Actions described in Appendix A will be reported annually and reviewed and revised as needed by Yakima and the SHPO. Revisions to Appendix A may be made in accordance with Stipulation V Amendments. H. DISCOVERIES AND UNFORESEEN EFFECTS Dunng the process of carrying out any action listed in Appendix A, should Yakima find that such action has the potential to affect a previously unknown property that may be eligible for the National Register of Historic Properties or that the action will affect a known Historic Property in an unanticipated manner, Yakima will assume its consultation responsibilities pursuant to 36 CFR 800.13(b). III. MONITORING The ACHP and the SHPO may monitor activities carried out pursuant to this PA, and the ACHP will review such activities if so requested. Yakima will coordinate access as needed for the ACHP and the SHPO to carry out such monitoring and review. IV. QUALIFICATIONS OF CITY STAFF Applicable City staff implementing the terms of this agreement shall, as part of their professional development attend at least 40 hours of cultural resource management training, workshops,and seminars at the recommendation of SHPO that will be beneficial in implementing the stipulations set forth in this agreement. V. 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 VI. 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 penod 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 800.4-800.6 with regard to individual undertakings covered by this Agreement. VII. NONCOMPLIANCE WITH AGREEMENT In the event the City does not carry out the terms of thisiAgreement, the City will comply with 36 CFR 800.4-800.6 with regard to individual undertakings covered by this Agreement. VIII. ANTI DEFICIENCY ACT All commitments made under this PA are subject to the availability of funds. Nothing in this agreement will be construed as limiting or affecting the legal authorities of Yakima or the SHPO or as binding upon the parties to perform beyond their respective authorities or to require any of the parties to assume or expend funds in excess of available appropriations. If funds are not available, the parties will consult to amend or terminate this agreement. IX. DURATION Following the date of the signature by the SHPO and Yakima, this PA will be binding and shall be in force until December 31, 2014. Execution and implementation of this Agreement evidences that Yakima has satisfied their responsibilities under Section 106 for undertakings as described in this PA and funded by the HUD Programs. WASHINGTON ..T HISTORIC PRESERVATION OFFICER _ fl By Date 9- %/© AllysonB'ti�P'.D. CITY OF YAKIMA By Title: Date •N\v��� ATTACHMENT "A" ACTIVITIES EXEMPTED FROM REVIEW BY THE SHPO OR COUNCIL A. Weathenzation 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 features of the exterior and/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. 4.) Replacement and/or installation of energy efficient appliances including refrigerators, ovens, furnaces, water heaters, light fixtures/light bulbs in such cases where the replacement/installation can be accomplished without permanent visual change to character defining features such as histonc appliances and light fixtures. B. Minor Extenor Repairs 1.) Preparation and painting exterior 2.) Lead Base Paint abatement where and when the abatement procedures can be accomplished without permanent visual change to character defining features of the exterior and/or intenor (i.e. windows, doors, siding, etc.). 3.) Replacement of existing non-histonc roofing with new roofing matenal that matches the existing or replicates the original. C. Minor Intenor Repairs 1.) Repair, replacement or modification of an existing kitchen or bathroom if no alteration of character defining features is required 2.) Floor covenng replacement 3.) Preparation and Painting 4.) Lead Base Paint abatement where and when the abatement procedures can be accomplished without permanent visual change to character defining features of the exterior and/or interior (i.e. windows, doors, siding, etc.). D. Interior Plumbing, Mechanical and Electrical Repairs 1) Repair, replacement or modification of existing plumbing, mechanical or electrical systems if no alteration of character defining features is required. • • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. _1/ 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: \ ' `1 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 (,OIVh7t4 6tGil tat/tide"