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HomeMy WebLinkAbout08 REQUEST TO INCREASE REVENUE BUDGET AND APPROPRIATION BASED ON FOURTH AMENDMENT TO NAVY NORTH HANGERDocuSign Envelope ID: 13A3210E-57C9-4C98-89FD-81FA6EA8B41C Agenda Item 8 Reviewed: Ds AGENDA REPORT City Manager Finance Director MEETING DATE: APRIL 16, 2024 TO: NICOLE BERNARD, ACTING CITY MANAGER FROM: JENNIFER KING, FINANCE DIRECTOR/CITY TREASURER SUBJECT: REQUEST TO INCREASE REVENUE BUDGET AND APPROPRIATION BASED ON THE FOURTH AMENDMENT TO THE COOPERATIVE AGREEMENT WITH THE NAVY AS RELATED TO THE NORTH HANGAR FIRE INCIDENT SUMMARY The City entered into a fourth amendment to the Cooperative Agreement with the U.S. Department of the Navy (Navy) to implement an emergency response related to the North Hangar Fire Incident. Staff is requesting the City Council's approval to increase revenue budget and related appropriation by $36,924,796.28 for a current not -to -exceed reimbursement total of $61 million from the Navy. The City estimates the remaining balance of the emergency response costs that the City is incurring on the Navy's behalf, currently at more than $18 million, will be addressed in subsequent Cooperative Agreement amendments. RECOMMENDATION It is recommended that the City Council increase revenue budget and related appropriation by $36,924,796.28 as outlined in the fourth amendment to the Cooperative Agreement between the City and Navy. FISCAL IMPACT The approved appropriation will be funded from the Navy's reimbursement of up to $61 million as identified in the fourth amendment to the Cooperative Agreement. BACKGROUND On November 7, 2023, a fire broke out at the Navy's North Hangar at the former Marine Corps Air Station, Tustin. The fire caused asbestos -containing debris and other matter from the Navy North Hangar to be released and to spread into surrounding private and public properties. The debris impact zone covers approximately 6.5 square miles around the Navy North Hangar. DocuSign Envelope ID: 13A3210E-57C9-4C98-89FD-81FA6EA8B41C City Council Agenda Report April 16, 2024 Supplemental Appropriation — Navy North Hangar Fire Incident Page 2 Since the start of the fire, City staff, the Orange County Fire Authority, and multiple emergency service providers retained to assist the City in handling and managing this unprecedented emergency have worked closely with Federal, State, and local health and environmental agencies to take all necessary and appropriate emergency measures to protect public health and safety. DISCUSSION Naw North Hangar Financial Impacts To date, the City has incurred over $79 million in contracted costs as of March 14, 2024 for this incident comprised of debris clearance, air monitoring, community outreach, residential air dust and soil sampling, hangar door deconstruction, consulting, project management, security, supplies and equipment, and City/agency costs. Staff expects the total response cost to continue to escalate. However, the true fiscal impact on the City, County, and region remains unknown at this time and will continue to be assessed. Recovery Funding Sources, Reimbursement, and Supplemental Appropriations On November 10, 2023, the City Council approved a Cooperative Agreement with the Navy pursuant to which the Navy authorized the City to take all appropriate emergency measures necessary to protect against the imminent and substantial endangerment to human health or the environment related to the Navy North Hangar fire. Three amendments to the Cooperative Agreement have been executed since then and to date, the City has received $24 million in reimbursement payments from the Navy. A fourth amendment to the Cooperative Agreement was executed on April 11, 2024 which raises the Navy's pledged reimbursement to the City to $61 million. City Council action is required to increase the incident -related revenue budget and supplemental appropriation by $36,924,796.28. This increase, plus the previously received $24 million from the Navy, totals $61 million as outlined in the fourth amendment to the Cooperative Agreement. Future Cooperative Agreement amendments and Navy reimbursements will require a similar action by the City Council. Jennifer King Finance Director/City Treasurer