HomeMy WebLinkAbout2002-016
1
RESOLUTION NO. 2002-16
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO OPPOSING THE FUELING
3 OPERATIONS OF THE OMNITRANS FACILITY AT 1700 WEST 5TH
STREET AND DEMANDING THAT SUCH FACILITY BE RELOCATED TO
4 AN AREA SAFELY A WAY FROM RESIDENTIAL PROPERTY.
5
6 WHEREAS, OMNITRANS initially operated a facility at 1700 West 5th Street which was
7 used solely for the parking and storing of buses; and
8 WHEREAS, this facility has always been bordered by residential neighborhoods with a
9 school in very close proximity, which is currently the Ramona Alessandro Elementary School; and
10 WHEREAS, in past years OMNITRANS has expanded its operations at this facility to now
II include the fueling of its bus fleet and because it is a Joint Powers Authority it did not need nor did
12 it seek City of San Bernardino approval for any such land use expansion; and
13 WHEREAS, for approximately the last four years the residents 10 the bordering
14 neighborhoods, the school children, and the school personnel at the elementary school have been
15 complaining about noxious odorant releases and its resulting adverse health consequences due to
16 OMNITRANS' fueling operations and have filed numerous complaints with the South Coast Air
17 Quality Management District; and
18 WHEREAS, OMNITRANS has either been unwilling or unable to eliminate the noxious
19 odorant releases and has been cited by the South Coast Air Quality Management District for
20 violation of California Health and Safety Code S 41700 and violation South Coast Air Quality
21 Management District RulE' 402, resulting in a Settlement Agreement effective August 3,2001,
22 between the South Coast Air Quality Management District and OMNITRANS; and
23 WHEREAS, the residents in the bordering neighborhoods, the school children, and the
24 school personnel at the elementary school are still complaining about noxious odorant releases and
25 its adverse health consequences due to OMNITRANS' fueling operations; and
26 WHEREAS, the San Bernardino Unified School District contracted with Ensafe, Inc., to
27 perform an environmental site assessment at the Ramona Alessandro Elementary School; and
28 III
I
2002-16
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO OPPOSING THE FUELING
2 OPERATIONS OF THE OMNITRANS FACILITY AT 1700 WEST 5TH
STREET AND DEMANDING THAT SUCH FACILITY BE RELOCATED TO
3 AN AREA SAFEL Y AWAY FROM RESIDENTIAL PROPERTY.
4
5 WHEREAS, the Environmental Air Monitoring Results reported by Ensafe, Inc.,
6 demonstrated that the fueling operations of OMNITRANS resulted in measured concentrations of
7 hydrogen sulfide which exceeded the United States Environmental Protection Agency (USEP A)
8 Region IX Preliminary Remediation Goals (PRGs) for hydrogen sulfide and that there were
9 detectable concentrations of isopropyl mercaptans; and
10 WHEREAS, as a result of said Environmental Air Monitoring Results, Ensafe, Inc.
11 recommended the following:
12
13
14
15
16
17
18
I.
2.
School grounds should be closed to the public during refueling times;
Modify existing odor complaint procedures to instruct teachers, staff, and
students to move indoors during an odor complaint;
3.
Report information will be shared with the South Coast Air Quality
Managem 'n: District to seek their guidance on appropriate additional
responses to the sampling result; and
Report information will be shared with the California Department of Toxic
4.
19 Substances Control for additional guidance; and
20 WHEREAS, OMNlTRANS is in the process of converting its fueling operations from
21 compressed natural gas (CNG) to liquefied natural gas (LNG); and
22 WHEREAS, conversion of fueling operations by OMNlTRANS from CNG to LNG may
23 eliminate noxious odorant releases but creates another and potentially more dangerous and harmful
24 environment and condition to the bordering residential neighborhoods and the elementary school,
25 particularly in view of the past problems experienced by OMNITRANS in such fueling operations;
26 and
27 WHEREAS, in view of these past fueling operational difficulties of OMNlTRANS, the
28 continued presence of any fueling operations by OMNITRANS at its facility at 1700 West 5th Street
2
I
2002-16
I
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
2 THE CITY OF SAN BERNARDINO OPPOSING THE FUELING
OPERATIONS OF THE OMNITRANS FACILITY AT 1700 WEST 5TH
3 STREET AND DEMANDING THAT SUCH FACILITY BE RELOCATED TO
AN AREA SAFELY A WAY FROM RESIDENTIAL PROPERTY.
4
5 is perceived to pose a clear and present danger to the welfare and safety of the residents in the
6 bordering neighborhoods, the school children, and the school personnel at Ramona Alessandro
7 Elementary School; and
8 WHEREAS, such fueling operations by OMNITRANS must be relocated as soon as
9 possible to an area safely away from residential property and neighboring school facilities in order
10 to prevent further degradation to quality of life and to eliminate physical conditions which are
II dangerous and harmful to the surrounding area.
12 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
13 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
14 SECTION 1. The City of San Bernardino officially goes on record as opposing the
15 continued location and it ~:ij'g operations ofOMNITRANS at its facility at 1700 West 5th Street.
16 SECTION 2. The City of San Bernardino demands that such facility be relocated as soon
17 as possible to an area safely away from residential property and neighboring school facilities.
18 SECTION 3. The City of San Bernardino calls upon all interested and affected
19 governmental agencies to assist in having OMNITRANS relocated to an area safely away from
20 residential property and neighboring school facilities.
21 SECTION 4. The City Clerk is directed to send fully executed copies of this Resolution to
22 the United States Environmental Protection Agency Region IX, the Governor's Office, the Air
23 Resources Board, the South Coast Air Quality Management District, each member entity on the
24 OMNITRANS Board, the San Bernardino City Unified School District Board, the Principal of
25 Ramona Alessandro Elementary School, Southern California Association of Governments (SCAG),
26 San Bernardino Associated Governments (SANBAG), the City's legislative representatives, and the
27 City's lobbyists.
28 III
3
2002-16
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO OPPOSING THE FUELING
2 OPERATIONS OF THE OMNITRANS FACILITY AT 1700 WEST 5TH
STREET AND DEMANDING THAT SUCH FACILITY BE RELOCATED TO
3 AN AREA SAFELY AWAY FROM RESIDENTIAL PROPERTY.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a
7 thereof, held on the 7th
joint regular
meetin
8 COUNCIL MEMBERS:
ABSTAIN ABSENT
, 2002, by the following vote, to wit
9 ESTRADA
10 LIEN
11 MCGINNIS
12 SCHNETZ
13 SUAREZ
14 ANDERSON
15 MCCAMMACK
16
17
~j;;~
CIT LERK
18
19
20
21
22
The foregoing Resolution is hereby approved this ;allt day of J anuarv
23 Approved as to form and
legal content:
H VALLES, Mayor
f San Bernardino
24
JAMES F. PENMAN,
25 City Attorney
26
27 By: LA i- f~
28 ()
4
,2002.