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-