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HomeMy WebLinkAboutD-2 Staff Report - USDA NRCS AgreementSCHEDULED ITEM D-2 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: ROBERT DELGADILLO, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE: SEPTEMBER 21, 2020 SUBJECT: CONSIDERATION OF ENTERING INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE FOR FEDERAL ASSISTANCE THROUGH THE EMERGENCY WATERSHED PROTECTION PROGRAM AND SUBSEQUENT REIMBURSEMENT AGREEEMNT BETWEEN THE CITY AND MOUNTAIN COVE HOME OWNWER’S ASSOCIATION BACKGROUND: On August 13, 2020, the Ranch 2 fires burned over 4,200 acres adjacent to the Mountain Cove Home Owner’s Association. These fires left the adjacent hillsides bare of vegetation and susceptible to mud flows. On September 3, 2020, City staff performed a site investigation with Los Angeles County Department of Public Works, the United States Department of Agriculture, and the Mountain Cove HOA representatives to discuss details on how to protect homes that may be affected during a storm event. RECOMMENDATION: Staff recommends the City Council take the following action: 1)Authorize the City Manager to enter into an agreement with the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) for Federal assistance through the Emergency Watershed Protection (EWP) Program in a form acceptable to the City Attorney and subsequent reimbursement agreement between the City of Azusa and the Mountain Cove Home Owners’ Association. ANALYSIS: On August 13, 2020, the Ranch 2 fires burned over 4,200 acres adjacent to the Mountain Cove Home Owner’s Association. These fires left the adjacent hillsides bare of vegetation and susceptible to mud flows. On September 3, 2020, City staff performed a site investigation with Los Angeles County APPROVED CITY COUNCIL 9/21/2020 Emergency Watershed Protection Program September 21, 2020 Page 2 Department of Public Works, the United States Department of Agriculture, and the Mountain Cove HOA representatives to discuss details on how to protect homes that may be affected during a storm event. The EWP Program is a recovery effort aimed at relieving imminent hazards to life and property caused by floods, fires, windstorms, and other natural occurrences. All projects undertaken must have a project sponsor. NRCS may bear up to 75 percent of the construction cost of emergency measures and the remaining costs must be from local sources and can be in the form of cash or in-kind services. The sponsor of these projects must be a legal subdivision of the state such as a city, county, general improvement district, or conservation district. Sponsors are responsible for providing land rights to do repair work, securing the necessary permits, furnishing the local cost share, accomplishing the installation of the work, and performing any necessary operation and maintenance. Because of the deadlines established by the USDA, it is not possible to attach a form of the proposed agreement to this staff report. For that reason, the Council is being asked to approve participation in the Program and authority for the City Attorney and City Manager to approve the form of the agreement that will be executed. It is anticipated that the form of the Agreement will track the USDA’s standard format for such participation agreements. The City Engineer will be meeting with NRCS staff to perform a more in-depth analysis of the site to develop a cost effective plan to divert potential mud flows. Once a plan is approved, the City, as the sponsor, will implement an emergency construction contract to complete the work. NRCS will cover up to 75 percent of that cost and the sponsor will cover the remaining 25 percent. The sponsor’s cost will be partially/fully reimbursed by the Mountain Cove HOA under a separate agreement. Once a plan has been approved, the sponsoring agency has 14 days to implement the proposed plan. FISCAL IMPACT: At this time, an exact fiscal impact cannot be determined because a final plan has not been developed and a separate agreement between the City and the Mountain Cove HOA would need to be executed. Prepared by: Reviewed and Approved: Robert Delgadillo, P.E. Sergio Gonzalez Director of Public Works/City Engineer City Manager Attachment: 1) Sample Agreement Attachment 1