CITY OF POMONA
COUNCIL REPORT
April 18, 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 CIP BUDGET BY CREATING A NEW PROJECT, “POMONA TRANSIT CENTER ADA IMPROVEMENTS” RECOMMENDATION: It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-60 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY CREATING A NEW CIP PROJECT, “POMONA TRANSIT CENTER ADA IMPROVEMENTS,” PROJECT NO. 428-2590-XXXXX-67938 AND BY APPROPRIATING $600,000 OF GENERAL FUND RESERVES TO THE NEW PROJECT EXECUTIVE SUMMARY: Approval of the attached Resolution (Attachment No. 1) will create a new project, “Pomona Transit Center ADA Improvements,” Project No. 428-2590-XXXXX-67938 (Attachment No. 2) that will allow for the funding of required improvements for compliance with the Americans with Disabilities Act (ADA) at the Pomona Transit Center (Transit Center).
FISCAL IMPACT: The recommended action will amend the FY 2021-22 CIP Budget by creating a new CIP project and appropriating $600,000 of General Fund reserves (101-2590-89987-67938, 428-2590-80701-67938, and 428-2590-66196-67938) to “Pomona Transit Center ADA Improvements,” Project No. 428-2590-XXXXX-67938.
DISCUSSION: In 2017, the United States Attorney’s Office (USAO) for the Central District of California initiated an investigation of the Transit Center, including the building and associated parking lots, for compliance with Title II of the Americans with Disabilities Act of 1990. The investigation revealed that there are ADA deficiencies for which the City is responsible for mitigating, as the owner of the facility. Subsequently, the City commissioned a comprehensive ADA Title II Assessment (Assessment) of the Transit Center with the Owen Group of Bureau Veritas. The Assessment confirmed the original ADA deficiencies identified by the USAO and identified additional non-compliant defects. The identified deficiencies include, but are not limited to:
- Accessible parking stalls and aisles
- Compliant detectable warnings
- Ramps and accessible routes
- Sidewalk improvements
- Functioning elevator
- Compliant restroom facilities
The Assessment further provided recommendations for compliance, and is now part of a Settlement Agreement under the Americans with Disabilities Act between the United States of America and the City of Pomona, DJ # 204-12C-487, USAO # 2017V02124.
Under the terms of the Settlement Agreement, the City has three years from the date of execution (February 25, 2022) to address the deficient items as outlined in the Assessment. City staff has already begun addressing several of the improvements as staffing allows. However, there are other larger scale items that require design and construction beyond the Staff’s resources. By appropriating the requested $600,000, this will allow for funding for the items that require outside design and contract work, and funding for City staff to continue to address other deficient items.
Prepared by:
Shandy Dittman,
Public Works Fiscal and Project Manager
ATTACHMENT:
Attachment No. 1 - Resolution No. 2022-60
Attachment No. 2 – CIP Project Details Sheet
Amend FY 2021-22 CIP budget by Creating a New Project, “Pomona Transit Center ADA Improvements.”