Westlake Elementary School Hillside

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1044-DR
ApplicantSanta Cruz City Schools
Appeal TypeSecond
PA ID#087-91024
PW ID#16014
Date Signed1999-01-04T05:00:00
Citation: Appeal Brief; Second Appeal; Santa Cruz City Schools; FEMA-044-DR-CA; PA #087-91024

Cross Reference: DSR 16014; Hazard Mitigation; Category D

Summary: The heavy rains associated with DR-1044 eroded and washed out a hillside adjacent to the Westlake Elementary School playground in Santa Cruz, California. FEMA prepared DSR 16014 for $20,689 to restore the hillside, including 500 cubic yards of debris removal, re-grading the slope, compacted fill, and 475 linear feet of concrete ditch repairs. The subgrantee's consulting engineers developed a scope of work for $30,843 for the repairs and $3,208 for engineering. This scope of work indicated that heavy foot traffic from school children prior to the disaster had resulted in erosion of the slope and loss of support for the ditch. However, the applicant submitted a supplemental request for $98,311 in additional funds, based on construction bid submittals. The request was denied pursuant to 44 CFR 206.204(e), small projects overruns. In the first appeal, the Regional Director determined the hillside was not adequately maintained, the erosion on the hillside was a pre-disaster condition, and that there were no disaster-related damages to an eligible facility. As such, the Regional Director denied the first appeal and de-obligated DSR 16014. In the second appeal, the State requests re-obligation of the $20,689 of original DSR. However, the applicant is requesting $77,250 for a keystone retaining wall for hillside repairs and architect services and $2,750 for concrete ditch and irrigation system repairs. The applicant contends that the hillside and ditch were maintained prior to the disaster and provided a history of hillside maintenance in support of the appeal.

Issues:
  1. Was the erosion damage to the hillside, concrete ditch and irrigation system a result of the 1995 winter storms?
  2. Do the requested keystone wall and architect services constitute an improvement to the pre-disaster condition?
Findings:
  1. Yes. The heavy rains eroded and washed out a portion of the hillside, including the supporting soils of the concrete ditch. However, no damages to the irrigation system were demonstrated. Repair of the damages from the washout identified in the original DSR is eligible for funding. Therefore, eligible funding is $20,689 and does not include funding for the irrigation system.
  2. Yes. Clearly, the keystone wall and services are an improvement to the pre-disaster condition.
Rationale: 44 CFR 206.223 (a)(1) and 206.226.

Appeal Letter

January 4, 1999

Ms. Nancy Ward
Governor's Authorized Representative
Governor's Office of Emergency Services
P.O. Box 419023
Rancho Cordova, CA 95741

Dear Ms. Ward:

This is in response to your letter dated July 23, 1998, to the Federal Emergency Management Agency (FEMA) forwarding a second appeal of Damage Survey Report (DSR) 16014 under FEMA-1044-DR-CA on behalf of the Santa Cruz City Schools (City). The City is requesting $77,250 for a keystone retaining wall and associated architect services and $2,750 for concrete ditch and irrigation system repairs to an eroded hillside adjacent to the Westlake Elementary School playground in Santa Cruz, California.

The heavy rains associated with DR-1044 eroded and washed out a hillside adjacent to the school playground in Santa Cruz, California. FEMA prepared DSR 16014 for $20,689 to restore the hillside, including 500 cubic yards of debris removal, re-grading the slope, compacted fill, and 475 linear feet of concrete ditch repairs. The subgrantee's consulting engineers developed a scope of work for $30,843 for the repairs and $3,208 for engineering. This scope of work indicated that heavy foot traffic from school children prior to the disaster had resulted in erosion of the slope and loss of support for the ditch. However, the applicant submitted a supplemental request for $98,311 in additional funds, based on construction bid submittals. The request was denied, pursuant to Title 44 of the Code of Federal Regulations (CFR), section 206.204(e), small projects overruns. In the first appeal, the Regional Director determined the hillside was not adequately maintained, the erosion on the hillside was a pre-disaster condition, and that there were no disaster-related damages to an eligible facility. As such, the Regional Director denied the first appeal and de-obligated DSR 16014.

In the second appeal, the State requests re-obligation of $20,689 of the original DSR. However, the applicant is requesting $77,250 for a keystone retaining wall and associated architect services and $2,750 for concrete ditch and irrigation system repairs. The applicant contends that the hillside and ditch were maintained and provided a history of hillside maintenance in support of the appeal. Based upon the second appeal submission, the issues of this appeal are whether the washout damage to the hillside, concrete ditch and irrigation system was a result of the 1995 winter storms and whether the requested keystone wall and associated architect services constitute an improvement to the pre-disaster condition.

Regarding the heavy rains and the washed out hillside, the applicant provided a maintenance history of the damaged hillside to demonstrate that the area was maintained prior to the

disaster. The documentation indicates that although it was maintained, the hillside was in an eroded condition prior to the disaster. Notwithstanding the pre-disaster condition of the hillside, review of the information and documentation provided with the second appeal (particularly information within the DSR) indicates that the heavy rains resulted in damages and partial washout of the hillside. These damages also included erosion of the supporting soils and joints of the concrete ditch. However, no documentation was provided to demonstrate any disaster-related damages to an irrigation system. Therefore, repair of the damages from the washout and erosion as identified in the original DSR is eligible for funding. Eligible funding is $20,689 and does not include funding for the irrigation system. With this letter, I am requesting the Regional Director prepare a DSR to provide this funding.

Regarding the requested keystone wall and associate architect services, the City indicates the wall will provide long term stability to the hillside. Pursuant to 44 CFR 206.226, eligible work to restore a facility is based upon the design of the facility as they existed prior to the disaster. Review of the documentation clearly indicates that the keystone wall did not exist prior to the disaster and clearly is an improvement to the pre-disaster condition of the hillside. Funding for repairs which change the pre-disaster condition must be mandated by an applicable code and standard. The applicant has not provided any documentation of such standards. Without a standard mandating the improvements, the keystone wall repairs are not eligible for funding. As such, the requested funding for the keystone wall and associated architect services is denied.

Please inform the applicant of my determination. In accordance with the appeal procedure governing appeal decisions made on or after May 8, 1998, my decision constitutes the final decision on this matter. The current appeal procedure was published as a final rule in the Federal Register on April 8, 1998. It amends 44 CFR 206.206.
Sincerely,

/S/

Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate

cc: Martha Z. Whetstone
Regional Director
FEMA Region IX
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