The URL can be used to link to this page

Home My WebLink AboutMemorandum of Agreement (MOA) - National Preservation Act - Demolition of Huntington Beach Municipal Pier - 1990-05-07Federal Emergence Management Agency Region. IX Building 105 Presidio of San Francisco, California 94129 JUL 19 19gr Ms. Kathryn Gualtieri State Historic Preservation office -- Office of Historic Preservation Department of Parks and Recreation Post Office Box 942896 Sacramento, California 94296-0001 f. Dear Ms. Gualtieri: Subject: Huntington Beach Pier FEMA-812-DR, P.A. 059-36000 Applicant: City of Huntington Beach JUL 2 31990 .� FI.......jJl Enclosed is a copy of the Advisory Council's letter of July 6, 1990, and a copy of the signed Memorandum of Agreement for the subject pier. If there are any other requirements to be met, please inform me within ten days. If I do not hear from you within this time frame, I will assume you have no further requirements on this issue. The assistance provided by you and your staff on this project is deeply appreciated. Sincere3y, Tommie C. Hamner Disaster Recovery Manager cc: Richard Bernard, City of Huntington Beach Charles F. Wynne, Office of Energency Services Carney Moran, SL-DA-PA Advisory Council an Historic Preservation The Old Post Office Building 1100 Pennsylvania Avenue, NW #809 Washington, DC 2001)4 July 6, 1990 Reply to: 730 Simms Street. #401 Golden, Colorado 80401 Mr. William M. Medigovich Regional Director Federal Emergency Management Agency Region IX Presidio of San Francisco, Building 105 San Francisco, CA 94129 REF: Memorandum of Agreement regarding Huntington Beach Pier Dear Mr. Medigovich: The enclosed Memorandum of Agreement regarding the referenced pier has been accepted by the Council. This action constitutes the comments of the Council required by Section 106 of the National Historic Preservation Act and the Council's regulations. Please distribute copies of this Agreement to the California State Historic Preservation Officer, the City of Huntington Beach and your Federal Preservation Officer. The Council appreciates your cooperation in reaching a satisfactory resolution of this matter. Sincerely, /1-1� 0-/ /-AClaudia Nissley -Director, Western office of Project Review Enclosure N OR MEMORANDUM OF AGREEMENT .,.WHEREAS,, the Federal Emergency Management Agency (FEMA) has determined that replacement of all or part of the Huntington Beach Municipal Pier will have an effect on the Huntington Beach -Municipal Pier, a property listed on the National Register of Historic Places, and has consulted with the California State . .Historic Preservation officer (SIP-0) and the Advisory Council on Historic Preservation (Council) pursuant to 36 CFR Part 800, ..'regulations.implementing Section 106 of the National Historic Preservation Act (16 USC 470f); and WHEREAS, the City of Huntington Beach (City) participated in the consultation and has been invited to concur in this Memorandum of Agreement; NOW, THEREFORE, FEMA, the California SHPO, and the Council agree that the undertaking shall be implemented in accordance with the following stipulations in order to take into account the effect of the undertaking on historic properties. STIPULATIONS FE34A shall ensure that the following measures are carried out. 1. Prior to alteration or demolition of the Huntington Beach Municipal Pier and improvements, FEM. shall contact the National Park Service, Historic American Buildings Survey (HAGS) and Historic American Engineering Reccrd (HAER), to determine what ;,documentation shall be required for the property. Unless otherwise agreed to by the National Park Service, FEMA shall ensure that all documentation is completed and accepted by NABS or HAER prior to any alteration or demolition, and that copies of this documentation are made available to the SHPO and appropriate .-local arch$yes designated by the SHPO. `-'2. `FEMA shall ensure that the design for any new construction is ..sympathetic to the historic and architectural qualities of the historic Huntington Beach Municipal Pier and improvements in .terms of scale, massing, color, and materials, and that the SHPO and the Council shall be afforded the opportunity to review both preliminary and final plans and specifications for any new pier construction. The SHPO and the Council shall have 30 days from receipt of plans and specifications in which -to review and comment on the submittal. -and FEMA shall take these comments into account before proceeding. Failure of the SHPO or the Council to respond within 30 days shall not prevent FEMA from authorizing implementation of the plans. FEP:A shall further ensure that the :Huntington Beach Historic Resources Board shall be afforded the opportunity -to review these same plans and specifications during the -same review period. 3. ~.FEMA shall notify the SHPO and the Council in a timely _..,fashion of any modifications to these plans which could affect project elements -previously reviewed by the SHPO and the Council. The SHPO and the Council shall have 30 days from receipt -of a -.submittal documenting changes in which to review and comment on .,.any modifications, and FEMA shall take these comments into. •: account before proceeding. Failure of the SHPO or'the-Council to ••'`.respond_within 30 days shall not prevent FEMA from authorizing Implementation of the modifications. -•'4. " - FEMA -shall ensure that if any -indications -of archeological -..resources are encountered during construction, all -work in the vicinity -will be halted. A qualified archeologist will evaluate the find, and FEMA in consultation with the SHPO will determine -an appropriate course of action, pursuant to 36 CFR 800.11(b)(2). 5. Failure to carry out the terms of this agreement requires that FEMA again request the Council's comments in accordance with 36 CFR Part 800. If FEMA does not carry out the terms of this agreement, it will not take or sanction any action or make any -:-irreversible cormitment that would result in an adverse effect•to -'the historic property or would foreclose the Council's consideration of modifications or alternatives to the undertaking. any of the signatories -to this agreement -believe that the :•..,terms of the agreement cannot be carried out, or that an amendment to the terms of the agreement must be made, that `. signatory shall immediately notify the other signatories and request consultation to amend this agreement. The process of amending the agreement shall be the same as that exercised in :.creating the original agreement. 7:.�.Should the SHPO or Council object within 30 days to any Actions proposed pursuant to this Memorandum of Agreement, FEMA shall consult with the objecting party to resolve the objection. If.FEMA determines that the objection cannot be resolved, FEMA shall request the further comments of the Council pursuant to 36 CFR Section 800.6(b). Any Council comment provided in response to such a request will be taken into account•by FEMA•in accordance with 36 CFR 800.6(c)(2) with reference only to the subject of the dispute; FEMA's responsibility to carry out all actions under this agreement that are not the subjects of the dispute will remain unchanged. Execution of this Memorandum of Agreement and implementation of its terms evidence that FEMA has afforded the Council an opportunity to comment on the undertaking and its effects on historic properties,, and that FDTA-has taken into account the effects of the undertaking on historic properties. ADVISORY COUNCIL ON HIZTORIC PRESERVATION By: IY�r,Vl,,.Date: Z�e /-i/sd Title:. Executive Director FEDERAL EMERGENCY MAMA EMENT ENCY By: L Date: Title: Regional Director CALIFORNIA STATE HISTORIC PRESERVATION OFFICER By. Concur: CITY OFHU INGTON BEACH By:.. Title: • Mayor ATTEST: . City Clerk f Date: icer Date: 5/8/90 a t Federal Emergency Management Agency x. Region IX Building 105 Presidio of Sar_ Francisco, California 94129 0 0 APR 2 71990 Ms. Gloria Morrison City of Huntington Beach 2000 Main Street Huntington Beach, California 9264E Dear Ms. Morrison: Subject: Huntington Beach Pier MOA FEMA-812-DR, P.A. 059-36000 Applicant: City of Huntington Beach The Advisory Council on Historic Preservation has provided comments on the Memorandum of Agreement (MOA), and these comments have now been incorporated into the document. Please review the MOA; if it is acceptable, please sign it and return it to me so I can obtain the rest of the signatures. After the MOA has been signed by all parties, carrying out the terms of the agreement will complete the process, as long as all of the stipulations of the agreement are met by the City of Huntington Beach. If you have not met any of the MOA stipulations to date, please identify them and provide their status to me. sincerely, imne isaster Recovery Manager Enclosure 600, Y a Submitted to: Submitted by: Prepared by: REQUbS'T FOR CITY COUNCI{. ACTION Date MaM 7, 1990 Honorable Mayor and City Council Members Michael T. Uberuaga, City AdministratorA •U James 1Y. Palin, Deputy City AdministratorJ!bli� Subject: MOA-COMPLETION OF SECTION 106 OF TH APPROVED BY CITY COUNCIL NATIONAL HISTORICAL PRESERVATION ACT �-� 14�Q Consistent with Council Policy? [ I Yes [ l New Policy or Excepti Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: ra14 STATEMENT OF ISSUE: FEMA has been working towards a final Memorandum of Agreement (MOA) to establish stipulations to allow the existing Huntington Beach Pier to be demolished. RECOMMENDATION: Approve the attached MOA dated April 27, 1990 and authorize the Mayor to sign the document and also to instruct staff to make a presentation to the Historical Resource Board on the plans and specification for construction of the new pier. ANALYSIS: The City has been working with FEMA and SHIPO on a final MOA to allow completion of the 106 procedures to allow the City to qualify for FEMA assistant monies to help rebuild the pier. The final MOA has been revised pursuant to the comments of the Historical Resource Board as well 2s the Advisory Council on Historical Preservation which now allows for a 30 day review period of the final plans and specifications prior to FEMA's approval of any type of demolition or reconstruction of the new pier. As the document was received late and the time periods for review are extensive, it is urgently necessary to have a Council action on the MOA to start the review periods as the document is unclear as to whether the stipulation and review periods start after the final signing of the document by all parties. Public Works has indicated that the final plans and specifications for the pier will be available on May 21, 1990, which will then trigger our review periods under the agreement should the Council take a favorable action at the May 7, Council meeting. ALTERNATIVE ACTION: 1. Do not approve the MOA at this time which will ultimately delay demolition and construction of the pier. Pl0 5185 RCA — hIOA HB Pier Page 2 2. Reject the MOA and forfeit the Federal and possible State monies committed for reconstruction of the pier. MDING SOURCE - No funding required. ATTACHMENTS: 1. Memorandum of Agreement JWP:lp 5b80h