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Second Appeal Summary
PA ID# 059-17946; City of Dana Point
DSR ID# 03726/06640; Obispo Street Slope Failure
Citation: FEMA-1203-DR-CA; City of Dana Point, California; Del Obispo Street Slope Failure, DSRs 03726 & 06640
Cross-reference: Legal responsibility; landslide policy; net small project overrun (NSPO)
Summary: During the El Nino storms, a retaining wall failure and slope failure occurred at Del Obispo Street and Blue Fin Drive in the City of Dana Point. As a result of the failures, damage occurred to the masonry retaining wall, sidewalk, curb, and gutter at the base of the slope; a concrete-lined terrace drain; and a storm drain pipe that ran from the top of the slope to the bottom of the slope. FEMA reviewed the initial request and the request of the first appeal and concluded that repairs to the retaining wall, sidewalk, curb and gutter, drain, and pipeline in the public right-of-way were eligible for funding, but that repairs to the slope on private property were not eligible. FEMA raised some questions about NSPO request submissions not meeting established deadlines. The Applicants second appeal contends (1) the City is legally responsible for repairs to the slope based on a court ruling, (2) the slope was engineered and therefore is an eligible facility, and (3) they complied with NSPO timeline requirements.
Issues: (1) Was the Applicant legally responsible for damage to the slope on private property at the time of the disaster?
(2) Was the slope engineered, thus constituting an eligible facility?
(3) Did the Applicant meet NSPO timeline requirements?
Findings: (1) No. Although by court order the Applicant was later required to repair damages to the private property, this decision does not meet FEMAs criteria for being legally responsible at the time of the disaster.
(3) No. The Applicant has not provided sufficient documentation to support their claim that the slope was engineered.
(5) Yes. The Applicant met NSPO submission timeline requirements.
Rationale: Stafford Act Section 406; Public Assistance Guide (FEMA 322), page 16; Recovery Policy #9524.2, Landslide Policy relating to Public Facilities.