Appeal Summary | Appeal Letter | Appeal Analysis | Back
Second Appeal Summary
PA ID# 081-54806; City of Pacifica
DSR ID# 22238, 95836, 95934; Fairmont Recreation Area Maintenance Road
Citation: FEMA-1203-DR-CA; City of Pacifica, Fairmont Recreation Area Maintenance Road, DSRs 22238, 95836, 95934
Cross-reference: Emergency Protective Measures, Actual Costs, Landslide
Summary: As a result of the 1998 El Nino storms, the City of Pacifica suffered landslide damage to its sewer line maintenance road behind Fairmont Recreation Park. FEMA prepared DSR 22238 in the amount of $13,173 to cover the repairs to the maintenance road. The City claimed that the damage was more extensive than first estimated and subsequently requested a supplemental DSR in the amount of $109,502. FEMA denied the request in a letter dated April 27, 2000, because the road repairs included stabilization of a hillside, which did not qualify for funding. The Citys first appeal claimed that the landslide was caused exclusively by the 1998 El Nino storms and that the repair work was done to restore the integral ground under the road damaged by the storms. The Acting Regional Director approved the appeal, stating that the original DSR was incorrect and should have included emergency protective measures required to protect the Citys sewer line and access road from the immediate threat of a landslide. FEMA de-obligated DSR 22238 and prepared DSR 95934 in the amount of $84,191, $71,018 more than originally approved. In its second appeal, the City claims that the category of work should not have been changed and the total contractor costs were not used in preparing DSR 95934. The amount in question is $38,484.
Issues: 1.) Was the repair work necessary to eliminate the immediate threat to the road?
2.) Are the additional claimed costs eligible for funding?
Findings: 1.) Yes. The work was required to protect the Citys sewer line and access road from the immediate threat of additional damage.
2.) No. There is no documentation to justify the additional claimed costs.
Rationale: 44 CFR §206.225, 44 CFR §206.205(b)