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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 -1- 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, -2- 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. "X `'jI(.t.Gsy L?J .. ....... OFFO M or ATTEST: � y .0 ;r t1 l• �� .'yam City Clerk $ ,,,,•.• ' O -3-