Citation: FEMA-1952-DR-CA, City of Laguna Beach, Slope Stabilization, Project Worksheet (PW) 986
Cross - Reference: Emergency Protective Measures; Landslides
Summary: As a result of the severe winter storms that occurred in December 2010, soil erosion and debris flows occurred on the slope near 800 Gainsborough Drive in Laguna Beach, California. The erosion removed near-surface materials over a section of slope between Pacific Vista, a road located up-slope of the eroded area; and Gainsborough Drive, located below the eroded area. Upon conducting an assessment of the site, FEMA identified damage consisting of a 10-foot-long crack in the pavement near the edge of the guard rail, 800 square feet of surface erosion, and a compromised guardrail post. FEMA determined that the cost of repair would be less than $1,000. Because the cost of the repair fell below the $1,000 threshold, FEMA determined the work to be ineligible and prepared PW 986 for $0.
In its first appeal, the City of Laguna Beach (Applicant) claimed the project is eligible for funding because the slope’s post-disaster condition posed an immediate threat to the road. The FEMA Regional Administrator denied the first appeal because there was no evidence that the integral support to Pacific Vista was compromised. The Regional Administrator also concluded that the Applicant’s proposed scope of work exceeds that which would be necessary to restore the slope to its pre-disaster condition.
In its second appeal, the Applicant states that the rains during the disaster caused the slope to fail and the failure removed integral ground necessary for the structural integrity of the road. The Applicant asserts that the proposed repair is both necessary to reduce an immediate threat to Pacific Vista and is the most cost-effective means available to restore integral ground.
Issue: Did the eroded condition of the slope pose an immediate threat to the road?
Finding: No. The Applicant’s documentation does not demonstrate that the eroded condition of the slope posed an immediate threat to the road.
Rationale: 44 CFR §206.221(c), Definitions; 44 CFR §206.225(a), Emergency work; and Recovery Policy 9524.2, Landslides and Slope Stability Related to Public Facilities.