CITY OF POMONA
COUNCIL REPORT
March 7, 2022
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Rene Guerrero, Public Works Director
SUBJECT: ADOPT A RESOLUTION AMENDING THE FY 2021-22 OPERATING BUDGET BY UNAPPROPRIATING $50,000 FROM 101-2530-52285-00000 AND AMENDING THE FY 2021-22 CIP BUDGET BY TRANSFERRING AND APPROPRIATING THIS $50,000 OF GENERAL FUNDS TO THE PARTIALLY FUNDED CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT “UNDERGROUND STORAGE TANKS – WORK AND REMOVAL PLANS,” PROJECT NO. 428-2590-XXXXX-71061 RECOMMENDATION: It is recommended that the City Council adopt the following Resolution:
RESOLUTION NO. 2022-44 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA AMENDING THE FY 2021-22 OPERATING BUDGET BY UNAPPROPRIATING $50,000 FROM 101-2530-52285-00000 AND AMENDING THE FY 2021-22 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY TRANSFERRING AND APPROPRIATING THIS $50,000 OF GENERAL FUNDS TO THE PARTIALLY FUNDED CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT “UNDERGROUND STORAGE TANKS – WORK AND REMOVAL PLANS,” PROJECT NO. 428-2590-XXXXX-71061 EXECUTIVE SUMMARY: Approval of the Resolution (Attachment No. 1) will transfer and appropriate $50,000 of General Funds to “Underground Storage Tanks – Work and Removal Plans,” Project No. 428-2590-XXXXX-71061. This funding will help to enable the City to develop plans for corrective action and compliance with the Los Angeles Regional Water Quality Control Board to ensure protection of human health, safety, and the environment.
FISCAL IMPACT: There is available funding in the General Fund (Acct. No. 101-2530-52285-00000) to transfer and appropriate $50,000 to the existing funding of $100,000 in “Underground Storage Tanks – Work and Removal Plans,” Project No. 428-2590-XXXXX-71061. These funds were originally identified for other operational needs. However, this CIP project takes priority because the City could be liable for fines ($10,000 per day per tank) if the corrective action requirements are not met. Additional funds will need to be identified at a later time to fully fund and complete the project. The table on the next page summarizes the fiscal impact of this action:
Project / Funding
“Underground Storage Tanks – Work and Removal Plans,”
Project No. 428-2590-XXXXX-71061
Beginning Budget
$100,000
Appropriation of General Funds
$50,000
Amended Budget
$150,000
Expenditures/Encumbrances (as of February 22, 2022)
($35,047)
Balance Available
$114,953
PREVIOUS RELATED ACTION: On March 16, 2020, City Council amended the FY 2019-20 CIP Budget by creating a new CIP Project “Underground Storage Tanks – Work and Removal Plans,” Project No. 428-2590-XXXXX-71061 (Project), and by appropriating $50,000 of General Funds to the new Project. On December 21, 2020, City Council approved the submittal of grant applications to the State Water Resources Control Board in an effort to fund the Project. On March 22, 2021, City Council appropriated an additional $50,000 of General Funds to the Project.
DISCUSSION: On December 19, 2019, the California Regional Water Quality Control Board met with City Staff to discuss mandatory corrective actions necessary for underground storage tanks at four identified locations. The City is directed to take corrective action to ensure protection of human health, safety, and the environment pursuant to Health and Safety Code Section 25296.10.
Any person who violates any corrective action requirement established by, or issued pursuant to, Health and Safety Code Section 25296.10 is liable for civil penalty of not more than ten thousand dollars ($10,000) for each underground storage tank for each day of violation. At this time, the City is required to submit technical work plans for each of the four identified sites by March 2022 to the California Regional Water Quality Control Board. The four identified sites are:
LA County Fire Station #182 – 1059 N. White Avenue (Case No. R-12417) City of Pomona Phil & Nell Soto Park – 1225 N. Park Avenue (Case No. R-66210) LA County Fire Station #186 – 280 E. Bonita Avenue (Case No. R-12421) Brackett Field Pomona Police Heliport – 1905 McKinley Avenue, La Verne (Case No. R-02777) The Project (Attachment No. 2) was created on March 16, 2020 to meet the California Regional Water Quality Control Board requirements of submitting technical work plans. Staff intends to return to Council to appropriate additional funds to fully fund the project based on the findings of the technical work plans, which may include, but not be limited to, additional site assessment, semi-annual monitoring programs, and/or tank removals at each of the sites. Currently, it is estimated that to fully fund this project, a total budget of $250,000 is needed.
Prepared by:
Shandy Dittman
Public Works Fiscal and Project Manager
ATTACHMENT(S):
Attachment No. 1 – Resolution No. 2022-44
Attachment No. 2 – CIP Project Details Sheet
Appropriate $50,000 of General Fund funding to “Underground Storage Tanks – Work and Removal Plans,” Project No. 428-2590-XXXXX-71061