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Second Appeal Summary
PA ID# 087-91024; Santa Cruz City Schools
DSR ID# 16014; Westlake Elementary School Hillside
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.
- Was the erosion damage to the hillside, concrete ditch and irrigation system a result of the 1995 winter storms?
- Do the requested keystone wall and architect services constitute an improvement to the pre-disaster condition?
- 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.
- 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.