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Second Appeal Brief
PA ID# 001-53000-00; City of Oakland
PW ID# Project Worksheet 2550; Riprap Slope Protection
FEMA-1628-DR-CA, City of Oakland, Project Worksheet 2550, Riprap Slope Protection
Pre-Disaster Conditions, Slope Stabilization, Eligible Work, Work Eligibility
Winter Storms in 2005/2006 caused flooding, landslides, and mudslides in California. FEMA prepared PW 2550 for the City of Oakland (City) on April 13, 2006, with a scope of work that included repairing a washed out side slope and replacing a fence in the back of a private residence. FEMA obligated the PW for $0 because the damage was on private property. The City submitted its first appeal on November 13, 2006, stating that the damage occurred in an easement area, the City had obtained a right-of-entry agreement, and the eminent collapse of the hillside necessitated an urgent response by the City. FEMA partially granted the appeal on April 19, 2007, stating that the City had provided evidence to show that it was legally responsible for the repair of the slope. However, it found that the work exceeded that necessary to restore the slope to predisaster condition, specifically with the placement of riprap, and that the City was not responsible for replacing a damaged fence on private property. FEMA prepared PW 2550-1 for $14,278. The City submitted its second appeal on May 1, 2007, stating that California torte law required the City to repair damages on private property caused by public improvement failures, defending claimed costs, and providing photos to document its claim that the work performed restored the facility to predisaster condition (which included riprap). Follow-up correspondence between FEMA Region IX and the Citys engineer (email exchanges dated September 11, 2007) provide color photos to indicate the existence of riprap prior to the event and actual costs totaling $68,531 for geotechnical consultation, engineering, and construction. In an email dated June 6, 2007, from the City engineer to the California Office of Emergency Services, the City retracted its request for funding of the fence replacement (an estimated cost of $500).
1. Is the repair of the slope to include installation of geotextile fiber and riprap eligible work?
1. Yes, based on the predisaster design of the facility.
44 CFR §206.226