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HomeMy WebLinkAbout2012-079-08/21/2012-AUTHORIZING THE MAYOR TO SIGN TWO INTERGOVERNMENTAL AGREEMENTS REGARDING FUNDING OF CACHE LA POUDRE RESOLUTION 2012-079 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO SIGN TWO 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 has been prepared by an interagency Burned Area Emergency Response (`BAER") team, consisting of the Natural Resources Conservation Agency ("NRCS"), Larimer 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 pose 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, recent 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, 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 Larimer County Water District, and 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, there is an immediate need to address the highest priority area, Hill Gulch, which represents 1,152 acres of the 5,600 acres requiring mitigation; and WHEREAS,this effort will 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, at this time, no substantial state or federal funding has been identified for post fire recovery efforts specific to water supplies; and WHEREAS, in order to expedite the mitigation of the impacts of the fire on the Hill Gulch area,City staff has worked with representatives of Greeley,the Districts,and the County to develop a plan to move forward with and jointly fund and support that mitigation work (the "Hill Gulch Work"); and WHEREAS, a reclamation contractor already under contract with Greeley is available to carry out the Hill Gulch Work, and Greeley has agreed to arrange for those services, at a total direct cost of$1,445,760; and WHEREAS, the City, Greeley and the Districts have agreed to share the costs of the Hill Gulch Work based upon their relative shares of water deliveries from the Poudre River over the most recent five year period, or 43.3%, 44.4% and 12.3%, respectively; and WHEREAS, based on this agreed upon division of costs, the cost to the City of the Hill Gulch Work would total $626,015; and WHEREAS, in order to provide for payment of the agreed upon amounts to Greeley, to be paid to the contractor carrying out the Hill Gulch Work, the City will need to enter into an intergovernmental agreement with Greeley and the Districts (the "Hill Gulch IGA"); and WHEREAS, the Hill Gulch IGA will require that the Hill Gulch Work be conducted in accordance with the requirements of the NRCS in order to ensure eligibility for federal funds,should such funds become available, and will provide for proportional reimbursement to the City in such event; and WHEREAS, in addition, the County has agreed to work with landowners in the Hill Gulch area in order to obtain the authorizations necessary to carry out the Hill Gulch Work and WHEREAS, in order to enable the City to become eligible for federal reimbursement of other City High Park Fire mitigation expenses,should federal funding become available,the NRCS has identified $1,000 in EWP funding, and has recommended that the City enter into a Sponsor Agreement with the NRCS referencing the general scope of work for Poudre watershed mitigation approved by the NRCS (the "NRCS Sponsor Agreement"); and 2 WHEREAS,the NRCS Sponsor Agreement will provide for 75%reimbursement for eligible expenses incurred by the City, should EWP funds become available for that purpose; and WHEREAS,at this time the NRCS Sponsor Agreement would only require the City to incur nominal expenses, if any, subject to future amendment in the event that EWP funds become available; 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 City of Fort Collins and Section 29-1-203, C.R.S.; and WHEREAS, the City Council desires that the City enter into the Hill Gulch IGA and the NRCS Sponsor Agreement (the "Agreements"), as described herein; and WHEREAS, on this date, the City Council will consider Emergency Ordinance No. 088, 2012, appropriating Water Fund prior year reserves for the High Park remediation, specifically the Hill Gulch area, to meet the commitments described in the Agreements. 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 Hill Gulch IGA on behalf of the City, in such specific form as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City and further the purposes of the Agreement or this Resolution. Section 2. That the Mayor is hereby authorized to execute the NRCS Sponsor Agreement and related documentation on behalf of the City, in such specific form as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City and further the purposes of the Agreement or this Resolution. Passed And adopted at a regular meeting of the Council of the City of Fort Collins this 21 st day of August A.D. 2012. �&1 - C04 Ik ,ems > t 4 r—: Mayor to in ------ATTEST: --- —'••cUl_O��q --- - - -- ----- — — ------ City Clerk -3-