Resolution No. 2024-057
Resolution 2024-057
March 20, 2024
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RESOLUTION NO. 2024-057
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXECUTE THE COOPERATIVE AGREEMENT WITH
OMANITRANS FOR THE DESIGN PHASE,
ENVITONMENTAL PHASE, AND CONSTRUCTION OF
THE “E” STREET MEDIAN PROJECT
WHEREAS, the City of San Bernardino intends to initiate phased improvements for design phase, environmental phase, and construction of the “E” Street median project; and WHEREAS, the parties wish to enter into this agreement to delineate roles, responsibilities relative to project management, Project Approval/Environmental Documents, Plan Specification and Estimates, Right of Way, and Construction of the project; and WHEREAS, the City and Omnitrans have determined that a safety concern exists where vehicles make left turns out of business driveways across the dedicated bus lane.
WHEREAS, the improvements will consist of constructing a center median along “E Street between 10th Street and Fairway Avenue; and
WHEREAS, the City and Omnitrans will proceed through each phase of the project subject to the availability of funds allocated to each phase contingent upon grant opportunities; and
WHEREAS, the City will lead design, environmental clearance, and construction of the project; and
WHEREAS, prior to the completion of the project, Omnitrans and the City will execute an Amendment to the 2009 Master Cooperative agreement to clarify that the City is responsible for ownership and maintenance of center median;
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Manager or designee is hereby authorized to execute the Cooperative Agreement with Omnitrans for the Design Phase, Environmental Phase, and Construction of the “E” Street Median Project
Resolution No. 2024-057
Resolution 2024-057
March 20, 2024
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SECTION 3.The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 4.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of March 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Resolution No. 2024-057
Resolution 2024-057
March 20, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-057, adopted at a regular meeting held on the 20th day of March 2024 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024.
Genoveva Rocha, CMC, City Clerk