HomeMy WebLinkAbout2013-067-07/16/2013-AUTHORIZING THE MAYOR TO SIGN ADDITIONAL INTERGOVERNMENTAL AGREEMENTS REGARDING FUNDING OF CACHE LA RESOLUTION 2013-067
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO SIGN ADDITIONAL
INTERGOVERNMENTAL AGREEMENTS REGARDING
FUNDING OF CACHE LA POUDRE WATERSHED MITIGATION
IN RESPONSE TO THE HIGH PARK FIRE
WHEREAS,the High Park Fire, which began on June 9, 2012 and ended on July 11, 2012,
has affected the Cache la Poudre watershed (the "Watershed"); and
WHEREAS, a formal assessment of the impacts of the High Park Fire was prepared by an
interagency Burned Area Emergency Response ("BAER") team, consisting of the Natural
Resources Conservation Agency ("NRCS"), Latimer County (the "County"), the Colorado
Department of Transportation ("CDOT") and the U.S. Forest Service ("USFS"), and was issued on
July 17, 2012 (the"BAER Report"); and
WHEREAS, considering the severity of the impacts of the High Park Fire, and the
resulting potential for increased soil erosion and related cumulative effects from increased peak
runoff flows and sediment laden flows, and other related impacts, the BAER Report concluded
that the High Park Fire has resulted in emergency conditions for roads, recreation, water diversion
infrastructure, water quality degradation, flood hazard, debris flow hazard, and road washout
hazard, each of which poses a very high level of risk of major loss to human life, safety and
property; and
WHEREAS, in addition, the BAER Report identifies other related emergency conditions
created by the High Park Fire, such as the risk related to recovery of native vegetation, and
identifies a high level of risk to cultural and heritage resources; and
WHEREAS, subsequent to the fire, rain events have demonstrated the negative effects of
erosion in the Watershed and on the Cache la Poudre River (the 'Poudre River"), a key water
source for the City; and
WHEREAS, in view of the foregoing, there is an urgent need for the City and other entities
that will experience the impacts identified in the BAER Report to act quickly to mitigate the
conditions in the Watershed so as to reduce the potential for these emergency conditions and
related risk to human life, safety and property; and
WHEREAS, on August 21, 2012, the City Council adopted Resolution 2012-679,
authorizing intergovernmental agreements with Greeley, the Districts, and NRCS to carry out
certain Watershed mitigation work, and the City entered into agreements with those entities and
proceeded with the initial work authorized at that time; and
WHEREAS, the Watershed is largely located on land not owned by the City; consequently,
it is necessary to work with federal and state agencies, the City of Greeley ("Greeley"), the
Tri-Districts (Fort Collins-Loveland Water District, East Latimer County Water District, and
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North Weld County Water District) (the "Districts"), and the County to develop an erosion
mitigation plan to effectively address the negative effects of rain, erosion and sediment transport
due to rain on the burn area; and
WHEREAS, these Watershed mitigation efforts have been, and will continue to be,
coordinated through the NRCS, which administers a program called the Emergency Watershed
Protection ("EWP") program that is designed to prescribe and facilitate recovery measures that are
environmentally and financially sound; and
WHEREAS, the City has worked with local, state and federal agencies to secure possible
recovery funding; and
WHEREAS, on September 18, 2012, the City Council adopted Resolution 2012-090,
authorizing intergovernmental agreements regarding Watershed mitigation efforts, although at the
time only nominal federal funding had been made available; and
WHEREAS, during the intervening months, agreements were finalized with Greeley and
NRCS, in accordance with the terms of Resolution 2012-090; and
WHEREAS, ongoing efforts to jointly fund and support the Watershed mitigation work
have continued, including additional agreements with Greeley for Watershed mitigation work to
be conducted by a contractor under contract for Greeley and the City; and
WHEREAS, additional funds have been made available through the EWP program, and in
order to increase the federal funds available to the City, it is necessary for the City to enter into
additional agreements with NRCS for the EWP program and related technical assistance (the
"NRCS Agreements"); and
WHEREAS, of the total funds appropriated in the Water Fund for High Park Fire
mitigation work of approximately$2.6 million, approximately$1.3 million are planned to be used
for work during the summer and early fall months of 2013; and
WHEREAS, pursuant to the authorization in Resolution 2012-090, the City will continue
to arrange for ongoing cooperation with Greeley, and in the future it is likely that additional new
arrangements for continuing mitigation efforts will be needed in order to provide for efficient
operation of the Watershed mitigation efforts and cooperative cost sharing with Greeley
("Mitigation IGAs"); and
WHEREAS, the Mitigation IGAs will provide for the City to be responsible for no more
than fifty percent of the costs associated with the Watershed mitigation work pursuant to the
BAER report,and will limit the City's total obligation for such work to no more than the funds then
appropriated; and
WHEREAS, to the extent practicable, all Watershed mitigation work be conducted in
accordance with the requirements of the NRCS in order to ensure eligibility for federal funds,
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should such funds become available, and City staff will continue to seek opportunities for
reimbursement to the City for the Watershed mitigation work it undertakes or funds; and
WHEREAS, the City is authorized to enter into intergovernmental agreements, such as a
grant agreement, to provide any function, service or facility, under Article II, Section 16 of the
Charter of the Citv of Fort Collins and Section 29-1-203, C.R.S.; and
WHEREAS, the City Council desires that the City enter into one or more NRCS
Agreements and Mitigation IGAs, as described herein.
NOW, THEREFORE, BE IT RESOLVED BY COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Mayor is hereby authorized to execute the NRCS Agreements, and
such amendments thereto and additional agreements with NRCS on behalf of the City, in such
specific form and number consistent with the terms of this Resolution as the City Manager, in
consultation with the City Attorney, determines to be necessary and appropriate to protect the
interests of the City or further the purposes of this Resolution.
Section 2. That the Mayor is hereby authorized to execute one or more Mitigation 1GAs
with Greeley on behalf of the City, in such specific form and number consistent with the terms of
this Resolution as the City Manager, in consultation with the City Attorney, determines to be
necessary and appropriate to protect the interests of the City or further the purposes of this
Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th
day of July, A.D. 2013.
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