CITY OF POMONA
COUNCIL REPORT
March 18, 2024
To: Honorable Mayor and Members of the City Council
From: Anita D. Gutierrez, City Manager
Submitted By: Chris Diggs, Water Resources Director, and Rene Guerrero, Public Works Director
SUBJECT: ADOPT A RESOLUTION AMENDING THE FY 2023-24 CIP BUDGET FOR “CITY LOT REMEDIATION,” PROJECT NO. 418-2590-XXXXX-71021 AND APPROVE THE APPROPRIATION OF $157,658 FOR OVERSIGHT SERVICES PROVIDED BY THE DEPARTMENT OF TOXIC SUBSTANCES CONTROL RECOMMENDATION:
It is recommended that the City Council take the following actions:
Adopt the following resolution:
RESOLUTION NO. 2024-39 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2023-24 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $43,799 FROM WATER FUND RESERVES, $43,798 FROM SEWER FUND RESERVES AND $70,061 FROM REFUSE FUND RESERVES (TOTALING $157,658) TO THE “CITY LOT REMEDIATION,” PROJECT NO. 418-2590-XXXXX-71021 Approve appropriation of $157,658 for oversight services provided by the Department of Toxic Substances Control (DTSC) in FY 2023-24; and, Authorize the City Manager or Designee, to execute the amendment, subject to approval as to form by the City Attorney.
EXECUTIVE SUMMARY:
The recommended actions will authorize funding to sustain the oversight services under the Voluntary Cleanup Agreement (VCA) by DTSC. These services are crucial for monitoring the ongoing activities at two designated cleanup sites on City-owned parcels, located at 198 N. Hamilton Boulevard (CalSol Lot) and 822 W. Commercial Street (Sewer Lot).
SB1439/GOVERNMENT CODE §84308 APPLICABILITY:
☐ When this box is checked, it indicates the agenda item is subject to the Levine Act SB1439 requirements. Councilmembers are reminded to check their campaign contributions and determine whether they have received a campaign contribution of $250 or more that would require disclosure and/or recusal from discussing or acting on this agenda item. Campaign contributions of $250 or more made 1) by any person or entity who is identified in the agenda report as the applicant or proposer or 2) on behalf of the applicant or participant, including a parent, subsidiary or otherwise related business entity, or 3) by any person who has a financial interest in the agenda item requires a councilmember to comply with SB1439.
FISCAL IMPACT:
Additional funding is required for the DTSC VCA in the total amount of $157,658. FY 2023-24 DTSC oversight cost estimates for the Sewer Lot and the CalSol Lot sites are included as Attachment No. 2. Funding for the recommended appropriation is available in the Water Fund, Sewer Fund, and Refuse Fund Reserves for FY 2023-24. Table 1 below summarizes the fiscal impact for the recommended actions:
Table 1
Category
“City Lot Remediation” Project No. 418-2590-XXXXX-71021 Initial Budget
$6,562,083
Appropriate Water Fund, Sewer Fund, and Refuse Fund Reserves $157,658
Revised Budget
$6,719,741
Expenditures/Encumbrances
(as of February 28, 2024)
($6,515,157)
DTSC PO Amendment
($157,658)
Remaining balance available for: construction management, contingencies, and inspection costs $46,926
PREVIOUS RELATED ACTION:
Since 2013, City Council has approved numerous agreements, totaling over $4 million, with DTSC and a consultant, EnSafe, for the remediation and monitoring of Volatile Organic Compounds (VOCs) at the two City owned sites. On December 19, 2022, City Council approved a DTSC agreement for the continuation of the City Lot remediation environmental cleanup project. At that time $98,426 was appropriated for DTSC oversight services during FY 2022-23.
ENVIRONMENTAL IMPACT:
California Environmental Quality Act (CEQA) requirements are to be satisfied as part of the Removal Action Workplan (RAW) approval from the DTSC.
DISCUSSION:
In 2013, the City entered into an agreement with the DTSC to complete site cleanup activities at two sites: the Sewer Lot, and the CalSol Lot. Since that time, the Sewer Lot received all the remediation necessary and no longer requires further action. As it relates to the CalSol Lot, based on the VOC sample results received, the City is required to continue its current efforts for several more years. DTSC oversight is required for three primary reasons; to define the limits of the VOC contamination, determine the ongoing Office of Environmental Heal Hazard Assessment (OEHHA) cancer risk, and to provide data regarding the environmental improvement of the area.
Staff is seeking additional funding to complete the necessary DTSC review identified within the attached agreements, Attachment 3 and 4. Although the Sewer Lot remediation efforts are completed, DTSC retains oversight responsibility of the property, thus soil and groundwater sampling work will continue at both sites. Continued sampling at both sites includes semi-annual soil and groundwater, and will continue until the OEHHA human health risk matches the DTSC and EPA cancer risk minimum limits.
Prepared by:
Nichole Horton
Principal Water Resources Engineer
ATTACHMENTS:
Attachment 1 – Resolution No. 2024-39
Attachment 2 – DTSC Cost Estimates
Attachment 3 - 02-22-13_Fully Executed CalSol Lot VCA
Attachment 4 - 02-22-13_Fully Executed Sewer Lot VCA
Adopt Resolution No. 2024-39 to amend FY 2023-24 CIP Budget for the “City Lot Remediation” Project March 18, 2024