Airport Parking and Shuttle Bus Service
Appeal Brief
Appeal Letter
Citation: FEMA-1008-DR-CA, PA 037-91121, Santa Monica Community College District, DSR 98405 (99545, 99546), Airport Parking and Shuttle Bus Service
Cross-reference: Improved Projects, Time Extension, Temporary Facilities
Summary: The Northridge earthquake in January 1994, created the need for off-campus parking and shuttle bus services at Santa Monica Community College. Parking Structure B on the college campus was damaged and eventually demolished and other parking lots have been used for temporary facilities or as construction staging areas since the earthquake. The first DSRs for airport parking lot rental and shuttle bus service were approved to cover an 18-week period. Supplemental DSRs were written and time extensions granted in the subsequent years. As a result of the first appeal, a time extension was approved until January 5, 2001, for two lots and shuttle service, and until April 13, 2001, for one lot and related shuttle service. Construction of the parking facility and other campus buildings is ongoing and the latest schedules project completion in 2003. Parking Structure B was eligible for repair only, but was granted improved project status so that the District could rebuild it at an adjacent location. This project and others that affect parking were accepted into the Grant Acceleration Program and have been given time extensions for project completion as FEMA funding is capped. The District is asking FEMA to fund parking lot rentals and shuttle bus service through the completion of all earthquake-related construction projects that impact campus parking, but does not specify a completion date or specific monetary amount it is requesting.
Issues: 1) Are temporary facilities that are necessitated by "improved projects" eligible for funding until the "improved project" is completed?
Findings: 1) No.
Rationale: 1) 44 CFR 206.203(d)(1)
Appeal Brief
| Disaster | FEMA-1008-DR |
| Applicant | Santa Monica Community College District |
| Appeal Type | Second |
| PA ID# | 037-91121 |
| PW ID# | 98405 (99545, 99546) |
| Date Signed | 2000-08-07T04:00:00 |
Cross-reference: Improved Projects, Time Extension, Temporary Facilities
Summary: The Northridge earthquake in January 1994, created the need for off-campus parking and shuttle bus services at Santa Monica Community College. Parking Structure B on the college campus was damaged and eventually demolished and other parking lots have been used for temporary facilities or as construction staging areas since the earthquake. The first DSRs for airport parking lot rental and shuttle bus service were approved to cover an 18-week period. Supplemental DSRs were written and time extensions granted in the subsequent years. As a result of the first appeal, a time extension was approved until January 5, 2001, for two lots and shuttle service, and until April 13, 2001, for one lot and related shuttle service. Construction of the parking facility and other campus buildings is ongoing and the latest schedules project completion in 2003. Parking Structure B was eligible for repair only, but was granted improved project status so that the District could rebuild it at an adjacent location. This project and others that affect parking were accepted into the Grant Acceleration Program and have been given time extensions for project completion as FEMA funding is capped. The District is asking FEMA to fund parking lot rentals and shuttle bus service through the completion of all earthquake-related construction projects that impact campus parking, but does not specify a completion date or specific monetary amount it is requesting.
Issues: 1) Are temporary facilities that are necessitated by "improved projects" eligible for funding until the "improved project" is completed?
Findings: 1) No.
Rationale: 1) 44 CFR 206.203(d)(1)
Appeal Letter
August 7, 2000
D.A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
75 North Fair Oaks Avenue, East Annex, Fourth Floor
Pasadena, California 91103-3647
Re: Second Appeal - Santa Monica Community College District, Airport Parking Lot Rental and Shuttle Bus Service, FEMA-1008-DR-CA, DSR 98405 (99545, 99546)
Dear Mr. Christian:
This is in response to the referenced second appeal submitted by your office on
January 19, 2000. The Santa Monica Community College District (District) is asking FEMA to continue funding parking lot rentals and shuttle bus services through the completion of all earthquake-related construction projects that impact campus parking (unspecified construction completion date).
The Northridge earthquake caused damages to various buildings and Parking Structure B on the campus of Santa Monica Community College, thus creating the need for temporary off-campus parking while repairs were completed. Damage Survey Report (DSR) 99546 was prepared on April 4, 1994, to cover the costs of renting airport parking lots for an unspecified amount of time (total cost of this DSR was $3,536). DSR 99545 was also prepared on April 4, 1994, to cover 18 weeks of shuttle bus service from the airport lot to the college (at a total cost of $80,000). These DSRs were associated specifically with the loss of Parking Structure B. For five years, supplements were written to these DSRs to extend parking lot rentals and shuttle bus services until March 31, 1999, for a total cost of $1,771,675.
On February 26, 1999, the District appealed FEMA's decision not to extend funding for these services beyond March 31, 1999. The District argued that construction affecting campus parking would not be complete until June 30, 2002, and that extenuating circumstances beyond its control caused delays. In its response dated November 10, 1999, FEMA considered the time necessary to complete the eligible scopes of work on all projects that affect campus parking (not just Parking Structure B). FEMA determined that a time extension was justified for rental of two airport parking lots, portable toilets, and associated shuttle services until January 5, 2001, and for rental of one airport parking lot, portable toilet, and associated shuttle services until April 13, 2001. DSR 98405 was prepared for $750,000 to cover these costs.
The District submitted its second appeal on January 14, 2000. The appeal is based on arguments regarding the repair vs. replacement of Parking Structure B. FEMA approved repairs to this facility, as damages were not sufficient to qualify the facility for replacement. The District did not appeal this determination. In 1995, the District demolished the structure and later it was granted improved project status. The facility was accepted into the Grant Acceleration Program (GAP) in 1998 and the District agreed to a settlement claim representing the final cost estimate to complete the approved scope of work. FEMA granted a time extension for project completion until December 31, 2002, to allow a reasonable time to complete the project.
The District points to various construction delays in projects affecting campus parking. As evidence of extenuating circumstances or unusual project requirements beyond its control, which would justify a time extension for lot rentals and shuttle services, for example, the replacement parking structure is set to be located on the site of the city pool. Therefore, construction cannot begin until the pool is demolished. Construction of the parking structure is currently scheduled to begin on March 19, 2001, and will take two years, according to the District.
I have reviewed all information submitted with the appeal, including the Regional Director's evaluation of the first appeal. The Regional Director's response appropriately addressed all relevant issues in the appeal and I concur with her findings. Therefore, I am denying the second appeal.
Please inform the applicant of this determination. My decision constitutes the final decision on this matter as set forth in 44 CFR 206.206.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: David Fukutomi
Deputy Disaster Recovery Manager
Northridge Long-Term Recovery Area Office
D.A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
75 North Fair Oaks Avenue, East Annex, Fourth Floor
Pasadena, California 91103-3647
Re: Second Appeal - Santa Monica Community College District, Airport Parking Lot Rental and Shuttle Bus Service, FEMA-1008-DR-CA, DSR 98405 (99545, 99546)
Dear Mr. Christian:
This is in response to the referenced second appeal submitted by your office on
January 19, 2000. The Santa Monica Community College District (District) is asking FEMA to continue funding parking lot rentals and shuttle bus services through the completion of all earthquake-related construction projects that impact campus parking (unspecified construction completion date).
The Northridge earthquake caused damages to various buildings and Parking Structure B on the campus of Santa Monica Community College, thus creating the need for temporary off-campus parking while repairs were completed. Damage Survey Report (DSR) 99546 was prepared on April 4, 1994, to cover the costs of renting airport parking lots for an unspecified amount of time (total cost of this DSR was $3,536). DSR 99545 was also prepared on April 4, 1994, to cover 18 weeks of shuttle bus service from the airport lot to the college (at a total cost of $80,000). These DSRs were associated specifically with the loss of Parking Structure B. For five years, supplements were written to these DSRs to extend parking lot rentals and shuttle bus services until March 31, 1999, for a total cost of $1,771,675.
On February 26, 1999, the District appealed FEMA's decision not to extend funding for these services beyond March 31, 1999. The District argued that construction affecting campus parking would not be complete until June 30, 2002, and that extenuating circumstances beyond its control caused delays. In its response dated November 10, 1999, FEMA considered the time necessary to complete the eligible scopes of work on all projects that affect campus parking (not just Parking Structure B). FEMA determined that a time extension was justified for rental of two airport parking lots, portable toilets, and associated shuttle services until January 5, 2001, and for rental of one airport parking lot, portable toilet, and associated shuttle services until April 13, 2001. DSR 98405 was prepared for $750,000 to cover these costs.
The District submitted its second appeal on January 14, 2000. The appeal is based on arguments regarding the repair vs. replacement of Parking Structure B. FEMA approved repairs to this facility, as damages were not sufficient to qualify the facility for replacement. The District did not appeal this determination. In 1995, the District demolished the structure and later it was granted improved project status. The facility was accepted into the Grant Acceleration Program (GAP) in 1998 and the District agreed to a settlement claim representing the final cost estimate to complete the approved scope of work. FEMA granted a time extension for project completion until December 31, 2002, to allow a reasonable time to complete the project.
The District points to various construction delays in projects affecting campus parking. As evidence of extenuating circumstances or unusual project requirements beyond its control, which would justify a time extension for lot rentals and shuttle services, for example, the replacement parking structure is set to be located on the site of the city pool. Therefore, construction cannot begin until the pool is demolished. Construction of the parking structure is currently scheduled to begin on March 19, 2001, and will take two years, according to the District.
I have reviewed all information submitted with the appeal, including the Regional Director's evaluation of the first appeal. The Regional Director's response appropriately addressed all relevant issues in the appeal and I concur with her findings. Therefore, I am denying the second appeal.
Please inform the applicant of this determination. My decision constitutes the final decision on this matter as set forth in 44 CFR 206.206.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: David Fukutomi
Deputy Disaster Recovery Manager
Northridge Long-Term Recovery Area Office
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