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Second Appeal Summary
PA ID# 037-91080; City of Los Angeles, Department of Public Works
DSR ID# 51003,15259 ; Lopez Canyon Landfill
Citation: FEMA-1008-DR-CA; City of Los Angeles DPW; DSRs 51003 and 15259
Cross Reference: Eligible Facility, Slope Stabilization, Landslide Policy, Pre-disaster Condition, Eligible Damages, Administrative Allowances
Summary: As a result of the January 1994 Northridge Earthquake, slope failures occurred within a downslope hillside adjacent to the parking lot for modular offices at the Lopez Canyon Landfill. Portions of the parking lot pavement were also damaged. The applicant requested that a pile and lagging system be constructed to stabilize the hillside and that the pavement area be repaired. DSR 51003 was originally prepared for this scope of work at a cost of $310,990, but suspended pending submittal of a geotechnical report to define disaster related damages. This DSR was later determined to be ineligible, as the study had not been received by FEMA. The applicant submitted a first appeal of this denial for funding, stating that the report had been completed and submitted to the State, but had not been received by FEMA. FEMA therefore reconsidered eligibility based on this report. The report identified previous instabilities within the hillside, such that it was concluded that the damages within the hillside could not be solely attributed to the disaster. Stabilization of the hillside was found to be the responsibility of the applicant. DSR 15259 was prepared to fund repair of the damaged pavement based on the extent of damages documented at the initial site inspection. The applicant's second appeal asserts that the entire site should be considered a facility such that the slopes should be eligible for stabilization and restoration. Additionally, the applicant asserts that an additional 8,579 sf of pavement replacement and repairs to a debris basin should be funded. Finally, the applicant is requesting reimbursement for site inspections made by its employees, and for the cost of the geotechnical report.
- Is slope stabilization eligible?
- Is the additional pavement quantity eligible?
- Are the debris basin repairs eligible?
- Are the costs for the site inspections and assessment of damages eligible?
- Are the costs for the geotechnical study eligible?
- No. The failures occurred within a natural hillside which had experienced pre-disaster instabilities. Stabilization is the responsibility of the applicant.
- No. No documentation has been provided to support that the damages were caused by the disaster or that the extent of the damages required replacement.
- No. No documentation depicting the disaster related damages to the debris basin has been provided.
- No. Such costs are covered under the administrative allowance.
- Yes. A supplemental DSR will be prepared to fund eligible costs pending receipt of further breakdown of costs by the applicant.
Rationale:Stafford Act Section 406, Landslide Policy, 44CFR