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. CI'fY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Judith Valles, Mayor
Subject:
RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO OPPOSING THE FUELING
OPERA nONS OF THE OMNITRANS FACILITY
AT 1700 WEST 5TH STREET AND
DEMANDING THAT SUCH FACILITY BE
RELOCATED TO AN AREA SAFELY A WAY
FROM RESIDENTIAL PROPERTY.
Or''''IP'~L
tl j "" II ilri
Dept: Mayor's Office
Date: January 3, 2002
Synopsis of Previous Council Action:
None
Recommended Motion:
Adopt Resolution
Contact person: Judith Valles. Mayor
Supporting data attached: Staff Report
FUNDING REQUIREMENTS: Amount: None at this time
Phone: 5133
Ward: All
Source:
Finance:
Council Notes:
\2EN:, ~ zcoZ- -K.
Agenda Item No.
Q.I
;=7...t!)L
. .
STAFF REPORT
Council Meeting Date: January 7. 2002
TO:
FROM:
DATE:
ITEM:
Common Council
Mayor's Office
January 3, 2002
Resolution ofthe Mayor and Common Council ofthe City of San Bernardino
opposing the fueling operations of the OMNITRANS facility at 1700 West 5th
Street and demanding that such facility be relocated to an area safely away from
residential property.
At the December 17. 200 I. Mayor and Common Council meeting, a request was made by
one or more members on the Council to have prepared for consideration at the January 7, 2002.
meeting a Resolution opposing the operations ofOMNITRANS at its facility located at 1700 West
5th Street.
Accordingly. there is an agenda item for action by the Council in the form of a strongly
worded but accurate Resolution demanding that the OMNITRANS facility at 1700 West 5th Street
be relocated to an area safely away from residential property. The Resolution chronicles the
unfortunate past history of the bordering residences and the nearby school relative to the
OMNITRANS facility. The Resolution calls upon other interested and affected governmental
entities to assist in this endeavor. The City Clerk is directed to send fully executed copies of the
Resolution to specified interested parties.
It is requested that the Common Council adopt the subject Resolution.
I RESOLUTION NO.
2 RESOLUTlON OF THE MAYOR AND COMMON COUNCI
THE CITY OF SAN BERNARDINO OPPOSING THE FU ING
3 OPERATIONS OF THE OMNITRANS FACILITY AT 1700 W T 5TH
STREET AND DEMANDING THAT SUCH FACILITY BE RELO TED TO
4 AN AREA SAFELY A WAY FROM RESIDENTIAL PROPERT .
5
6
WHEREAS, OMNITRANS initially operated a facility at 170
est 5th Street which was
7 used solely for the parking and storing of buses; and
8 WHEREAS, this facility has always been bordered b residential neighborhoods with a
9 school in very close proximity, which is currently the Ramo Alessandro Elementary School; and
10 WHEREAS, in past years OMNITRANS has ex ded its operations at this facility to now
II include the fueling of its bus fleet; and
12
WHEREAS, for approximately
four years the residents in the bordering
13 neighborhoods, the school children, and the sc 001 personnel at the elementary school have been
14 complaining about noxious odorant release and its resulting adverse health consequences due to
15 OMNITRANS' fueling operations and h e filed numerous complaints with the South Coast Air
16 Quality Management District; and
17 WHEREAS, OMNITRANS as either been unwilling or unable to eliminate the noxious
18 odorant releases and has been c. ed by the South Coast Air Quality Management District for
19 violation of California Health nd Safety Code S 41700 and violation South Coast Air Quality
20 Management District Rule 4 , resulting in a Settlement Agreement effective August 3, 2001,
21 between the South Coast A. Quality Management District and OMNITRANS; and
22 WHEREAS, the esidents in the bordering neighborhoods, the school children, and the
23 school personnel at the ementary school are still complaining about noxious odorant releases and
24 its adverse health con quences due to OMNITRANS' fueling operations; and
25 WHEREAS!theSanBemardino Unified School District contracted with Ensafe, Inc., to
26 perform an environ,nental site assessment at the Ramona Alessandro Elementary School; and
27 WHERE~, the Environmental Air Monitoring Results reported by Ensafe, Inc.,
28 demonstrated that the fueling operations of OMNITRANS resulted in measured concentrations of
I
I RESOLUTION OF THE MAYOR AND COMMON COUNCI OF
THE CITY OF SAN BERNARDINO OPPOSING THE FU ING
2 OPERATIONS OF THE OMNITRANS FACILITY AT 1700 WE 5TH
STREET AND DEMANDING THAT SUCH FACILITY BE RELOC ED TO
3 AN AREA SAFELY A WAY FROM RESIDENTIAL PROPERTY
4
5 hydrogen sulfide which exceeded the United States Environmental Pr ection Agency (USEPA)
6 Region IX Preliminary Remediation Goals (PRGs) for hydrogen ulfide and that there were
7 detectable concentrations of isopropyl mercaptans; and
8 WHEREAS, as a result of said Environmental Ai Monitoring Results, Ensafe, Inc.
9 recommended the following:
10
II
12
13
14
15
16
17
18
1.
2.
School grounds should be closed to the blic during refueling times;
Modify existing odor complaint pro dures to instruct teachers, staff, and
students to move indoors during
3.
Report information will be ared with the South Coast Air Quality
Management District to s k their guidance on appropriate additional
responses to the samplin result; and
4.
Report information . be shared with the California Department of Toxic
or additional guidance; and
WHEREAS, OMNIT
S is in the process of converting its fueling operations from
19 compressed natural gas (CNG to liquefied natural gas (LNG); and
20 WHEREAS, conve ion of fueling operations by OMNITRANS from CNG to LNG may
2 I eliminate noxious odorant leases but creates another and potentially more dangerous and harmful
22 environment and condit" n to the bordering residential neighborhoods and the elementary school,
23 particularly in view of e past problems experienced by OMNITRANS in such fueling operations;
24 and
25
,
!
,
WHEREA~t in view of these past fueling operational difficulties of OMNITRANS, the
26 continued presence Of any fueling operations by OMNITRANS at its facility at 1700 West 5th Street
27 is perceived to pose a clear and present danger to the welfare and safety of the residents in the
28 bordering neighborhoods, the school children, and the school personnel at Ramona Alessandro
2
5 Elementary School; and
RESOLUTION OF THE MAYOR AND COMMON CO~C OF
THE CITY OF SAN BERNARDINO OPPOSING THE FLING
OPERATIONS OF THE OMNITRANS FACILITY AT 1700 W T 5TH
STREET AND DEMANDING THAT SUCH FACILITY BE RELO ATED TO
AN AREA SAFELY A WAY FROM RESIDENTIAL PROPER,JY.
,
//
/
/
/
J
I
2
3
4
6 WHEREAS, such fueling operations by OMNITRANS/lnust be relocated as soon as
7 possible to an area safely away from residential property and n~hbOring school facilities in order
8 to prevent further degradation to quality of life and to eli#nate physical conditions which are
/
9 dangerous and harmful to the surrounding area.
10 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
II COUNCIL OF THE CITY OF SAN BERNARDI AS FOLLOWS:
12 SECTION 1. The City of San Bernardin officially goes on record as opposing the
13 continued location and fueling operations of 0
TRANS at its facility at 1700 West 5th Street.
14 SECTION 2. The City of San Bernardi demands that such facility be relocated as soon
15 as possible to an area safely away from reside ial property and neighboring school facilities.
16 SECTION 3. The City of San rnardino calls upon all interested and affected
17 governmental agencies to assist in havin OMNITRANS relocated to an area safely away from
18 residential property and neighboring sc 01 facilities.
19 SECTION 4. The City Clerk' directed to send fully executed copies of this Resolution to
20 the United States Environmental Pr tection Agency Region IX, the Governor's Office, the Air
21 Resources Board, the South CoasYAir Quality Management District, each member entity on the
22 OMNITRANS Board, the San ~kmardino City Unified School District Board, the Principal of
23 Ramona Alessandro Elementary School, the City's legislative representatives and the City's
24 lobbyists.
25 III
26 III
27 III
28 III
3
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
meetin
NAYS
, 2002, by the following vote, to wit
ABSTAIN ABSENT
7 thereof, held on the
8 COUNCIL MEMBERS:
day of
AYES
9
ESTRADA /
10 ,
LIEN
11
MCGINNIS
12
SCHNETZ
13
SUAREZ
14
ANDERSON
15
MCCAMMACK
16
17
18
19
20
21
22
23
/ CITY CLERK
l
!
j
,. I
The foregoing Resoll1tion is hereby approved this day of
,2002.
JUDITH V ALLES, Mayor
City of San Bernardino
24 Approved as to form and
legal content:
25
JAMES F. PENMAN,
26 City Attorney
27
28
4
I RESOLUTION NO.
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 SAFEL Y AWAY 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 In 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 Elementarv School. ~nn
Rf'-I \ Sf D
Aj e1\olo-. l=-k.m
-* el\
28 III
I
1 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 A WAY FROM RESIDENTIAL PROPERTY.
4
5 WHEREAS, the Environmental Air Monitoring Results reported by Ensafe, Inc.,
6 demonstrated that the fueling operations ofOMNITRANS resulted in measured concentrations of
7 hydrogen sulfide which exceeded the United States Environmental Protection Agency (USEPA)
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 'nc 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, OMNITRANS 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 OMNITRANS 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 ofOMNITRANS, the
28 continued presence of any fueling operations by OMNITRANS at its facility at 1700 West 5th Street
2
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 AWAY 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 ft, ~:;ng 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
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
meetin
7 thereof, held on the
8 COUNCIL MEMBERS:
9 ESTRADA
10 LIEN
II MCGINNIS
12 SCHNETZ
13 SUAREZ
14 ANDERSON
15 MCCAMMACK
16
17
18
19
day of
AYES
NAYS
, 2002, by the following vote, to wit
ABSTAIN ABSENT
CITY CLERK
The foregoing Resolution is hereby approved this
day of
,2002.
20
21
22
JUDITH V ALLES, Mayor
City of San Bernardino
23 Approved as to form and
legal content:
24
JAMES F. PENMAN,
25 City Attorney
26
27
28
4
** FOR OFFICE USE ONL Y - NOT A PUBLIC DOCl!ME'iT * *
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 1-/-0'2.. Item #
Vote: Ayes 1-') Nays B
Change to motion to amend original documents:
2\
Resolution ,,___~CX)'?,_=J " _______
Abstain
-&
Absenr_,sz-___,__
Reso_ # On Attachments: -=---- Contract term:
Note on Resolution of Attachment stored separately: .:::_
Direct City Clerk to (circle I): PUBLISH. POST, RECORD WCOUNTY
NulVVoid After- ~
By: =-__~__. ,,_
Date Sent to Mayor:
l-'1. -<92-
Reso Log U roared ,/'
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
\-\o-()~
\-\O-G';;"
Seal Impressed- ____ce::.______,__
Date Memo/Letter Sent
ature:
See Attached:
See Attached:
See Attached:
Date Returned:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached: Yes / No By
Updated Prior Resolutions (Other Than Below): Yes No ~ By
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585.12634): Yes No y/ By
Updated CDC Personnel Folders (5557): Yes No t/ By
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes NO::::Z By
Copies Distributed to:
City Attorney /
Parks & Rec.
Code Compliance Dev. Services
Police Public Services
EDA
Finance
MIS
Water
Others:
fY/A--'1rJl(
Noles:
SE0ll C'o!rES tJ- 8(tCurel) ~ -rn /kL P~1l!05 USTc;() IN ,<;'t->:-T\t>..J ..q 61" ~LunuJ
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc,)
Ready to File: lO:l:.-
Date: )-,S;-Q;L
Revised 0 III 2/0 I