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Work Eligibility

Appeal Brief Appeal Letter

Appeal Brief

DesastreFEMA-1646-DR
ApplicantCity of Oakland
Appeal TypeSecond
PA ID#001-53000-00
PW ID#Project Worksheet 659
Date Signed2007-11-19T05:00:00
Citation: FEMA-1646-DR-CA; City of Oakland (Applicant)

Cross-reference: Work Eligibility

Summary: As a result of heavy rainfall between March 29 and April 16, 2006, the Federal Emergency Management Agency (FEMA) declared major disaster declaration FEMA-1646-DR-CA on June 5, 2006. The heavy rainfall caused saturation of the hillside above Alvarado Road and below Drury Court resulting in a significant portion of the hillside to slip downward approximately 12 feet partially depositing debris mud on Alvarado Road. FEMA prepared and determined ineligible Project Worksheet (PW) 659 to provide geotechnical consulting services and remove debris (mud) from the road. The Applicant submitted its first appeal on November 30, 2006, requesting that the funding be reinstated for the geotechnical consultant and for the city staff costs for the debris removal. The FEMA Region IX Regional Administrator denied the appeal on May 2, 2007, because the work done by the Applicant’s consultants determined that there was not an immediate threat. Also, the Applicant did not submit any documentation to support its claim for debris removal costs. The Applicant submitted its second appeal on June 5, 2007, requesting approval of funding for $13,095 for the geotechnical work up to when the Applicant’s consultants determined that there wasn’t an immediate threat to Alvarado Road. Also, the Applicant submitted documentation of its costs for force account labor, equipment, and materials to supports its request of $5,193 for debris removal costs. The Governor’s Office of Emergency Services supports the Applicant’s appeal.

Issues: 1. Are the costs for the geotechnical study eligible for reimbursement?

2. Are the Applicant’s debris removal costs eligible for reimbursement?

Findings: 1. Yes. The Regional Administrator may authorize funding for post-disaster site inspections and limited geotechnical investigations to determine if the disaster created an unsafe condition that poses an immediate threat to life or improved property.

2. Yes. The Applicant submitted documentation that supports the eligibility of its debris removal costs.

Rationale: FEMA Policy 9524.2, Landslides and Slope Failures; 44 CFR §206.224

Appeal Letter

November 19, 2007

Mr. Paul Jacks
Governor’s Authorized Representative
Governor’s Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, California 95655

Re: Second Appeal – City of Oakland, PA ID 001-53000-00, Work Eligibility,
FEMA-1646-DR-CA, PW 659

Dear Mr. Jacks:

This is in response to your letter dated August 13, 2007, which transmitted the referenced second appeal on behalf of the City of Oakland (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of funding for a geotechnical study in Project Worksheet (PW) 659. The Applicant is requesting $13,095 for the geotechnical study and $5,193 for debris removal costs.

As a result of heavy rainfall between March 29 and April 16, 2006, FEMA declared major disaster declaration FEMA-1646-DR-CA on June 5, 2006. The heavy rainfall caused saturation of the hillside above Alvarado Road and below Drury Court resulting in a significant portion of the hillside to slip downward approximately 12 feet partially depositing debris mud on Alvarado Road. FEMA prepared and determined ineligible Project Worksheet (PW) 659 to provide geotechnical consulting services and remove debris (mud) from the road.

The Applicant submitted its first appeal on November 30, 2006, requesting that the funding be reinstated for the geotechnical consultant and for the costs for the debris removal. The FEMA Region IX Regional Administrator denied the appeal on May 2, 2007, because the work done by the Applicant’s consultants determined that there was not an immediate threat. Also, the Applicant did not submit any documentation to support its claim for debris removal costs.

The Applicant submitted its second appeal on June 5, 2007, requesting approval of funding for $13,095 for the geotechnical work up to when the Applicant’s consultants determined that there wasn’t an immediate threat to Alvarado Road. Also, the Applicant submitted documentation of its costs for force account labor, equipment, and materials to supports its request of $5,193 for debris removal costs.

In its second appeal, the Applicant is requesting funding for the geotechnical study up to the point where the consultants determined that there was not an immediate threat to Alvarado Road or residences in the vicinity. FEMA Policy 9524.2, Landslides and Slope Failures,
Section VII.B.2 authorizes the Regional Administrator to provide funding for post-disaster site inspections and limited geotechnical investigations to determine if the disaster created an unsafe condition that poses an immediate threat to life or improved property.
The Applicant also submitted documentation that supports the eligibility of its debris removal costs. The documentation includes the costs for the Applicant’s force account labor, equipment,
and materials. Accordingly, I have determined that the requested costs are eligible for reimbursement. Therefore, I am approving the appeal. By copy of this letter, I am requesting that the Regional Administrator take appropriate actions to implement this determination.

Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.

Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate

cc: Nancy Ward
Regional Administrator
FEMA Region IX