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Second Appeal Brief
PA ID# 073-USSYQ-00; Chabad Hebrew Academy
PW ID# PWs 823 & 1079; Gani Art Garden
Citation: FEMA-1498-DR-CA; Chabad Hebrew Academy, San Diego, California
Cross-reference: Collections and Individual Objects
Summary: The Cedar Fire burned 280,000 acres and was part of a series of wildfires that swept through San Diego, Los Angeles, Riverside, San Bernardino, and Ventura counties in the State of California from October 21, 2003, through March 31, 2004. The fire destroyed the grounds, buildings and other structures of the Chabad Hebrew Academy (Academy). PW 1079 was initially not funded due to incomplete information from the applicant. The Academy submitted an appeal for $158,000 requesting that FEMA combine the Gani Art Garden (Gani) sculptures listed under PW 1079 under PW 823, because PW 1079 was listed incorrectly under another Applicant’s name. The appeal also requested reconsideration of eligibility of the outdoor sculptures in Gani sculptures and grounds for stabilization and restoration work. FEMA determined that the scope of work for PW 823 covered only the fine art items housed within the Academy, while PW 1079 addressed the sculptures in Gani. FEMA then determined that those items listed under PW 823 were ineligible because they were completely destroyed by the fire and because some of the items were also used as a part of religious worship. Based on a report from the Williamstown Art Conservation Center (WACC), FEMA determined that nine sculptures under PW 1079 were eligible for stabilization and restoration measures in the amount of $34,498.75 ($110,073 less the anticipated insurance deductible $75,575). Estimates to regrade and stabilize the Gani Art Garden grounds and paths were not considered for eligibility because they were not identified in the original PW. The Academy submitted a second appeal for $146,461 addressing the same issues as the first appeal.
Issues: Are the Gani Art Garden sculptures and grounds eligible for repairs?
Findings: Partially. The Academy has demonstrated it is the legally responsible applicant for the Gani Art Garden. The costs for repair and stabilization of the grounds are reasonable, and it is reasonable to incorporate these additional costs as part of the facility repairs. Some of the costs for repairing the sculptures were supported by documentation submitted by the applicant or the WACC Report.
Rationale: FEMA Policy 9524.6, Collections and Individual Objects