HomeMy WebLinkAbout2019-171Resolution No. 2019-171
RESOLUTION NO. 2019-171
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING AMENDMENT NO. 1 TO PASSENGER
AMENITIES PROGRAM AGREEMENT WITH
OMNITRANS FOR CURRENT AND FUTURE BUS STOPS
WHEREAS, On August 15, 2018, the City approved the Passenger Amenities Program
Agreement with Omnitrans for current and future bus stops. The agreement provides the
maintenance of these amenities in exchange for all revenue, including advertising, from said
amenities. Prior to this time the City contracted with a private firm for the construction of bus
shelters and the sale of advertising space. The City of San Bernardino found that the cost of
maintenance of the bus stops was not offset by the share of the advertising revenue remitted back
to the City; and
WHEREAS, Omnitrans is asking the City to approve Amendment No. 1 to Passenger
Amenities Program Agreement with Omnitrans to amend the current Agreement in place due to a
new Omnitrans Advertising Policy that was adopted by the Omnitrans Board of Directors on
December 5, 2018 and effective January 1, 2019. The Advertising Policy is applicable to the
Passenger Amenity Program Agreement and necessitated an amendment to Section 3.1.11 of the
Agreement to make reference to the new Advertising Policy.
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 and directed to
execute Amendment No. 1 to Passenger Amenities Program Agreement with Omnitrans to
amend the current Agreement in place due to a new Ommtrans Advertising Policy that was
adopted by the Omnitrans Board of Directors on December 5, 2018 and effective January 1,
2019.
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 questions 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
by the City Clerk this 17'h day of July 2019.
Attest:
C-'A,!�01
Georgeann Binna, MMC, Cit Clerk
Approved as to form:
-,:i;� L,
��� Gary D. Saenz, City Attorney
Resolution No. 2019-171
City un an igned by the Mayor and attested
John Valdivia, Mayor
City of San Bernardino
Resolution No. 2019-171
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2019-171 adopted at a regular meeting held on the 17a` day of July 2019 by the
following vote:
Council Members: AYES NAYS
SANCHEZ
IBARRA
FIGUEROA
SHORETT
X
x
NICKEL
x
RICHARD
MULVIHILL
ABSTAIN ABSENT
WITNESS my hand and official seal of the City of San Bernardino this 17"h day of July 2019.
Georgeann Hanna, MMC, C3' Clerk