Mayor and City Council
May 3, 2023

www.transtech.org
855.595.2495 (toll-free)
Proposal, Land Development and NPDES Program Management Services Quality Management Plans, Geotechnical Reports, and Hydrology/Hydraulic Studies, land development, industrial, commercial, residential, and transportation development projects including Tract and Parcel Maps. He also directed and performed plan check of improvement plans submitted by developers to the City. Also, he represented the City of San Bernardino at the South Tehachapi Management Team meetings, coordinated with San Bernardino County Flood Control and FEMA for the certification of City levees and updating of the Flood Insurance Rate Maps (FIRM), and oversaw permitting and tracking of Land Development Projects through the Division of Public Works/Engineering. In addition, Mr. Ackerman has worked intimately with Planning and Building and Safety Divisions on Land Development Projects.

His experience also includes working for Caltrans, District 8 as a civil transportation engineer where he was involved in the design and construction of various projects.

Service Approach/Summary:

Initial Service Analysis: Initial Service Analysis:

If selected by the City, Transtech will conduct a review of existing process, and perform an operational, service and quality assessment and efficiency. Based on this review, we will provide any recommendations we may have for any improvements in service quality, efficiency, and effectiveness.

Process Streamlining:
• Identify and remove any barriers that may exist in order to effective and efficient delivery of services to the public. • Improve by modifying or restructuring the day-to-day operations to eliminate, or significantly reduce areas of any duplicative work, overlapping and conflicting rules, regulations, processes and procedures that might be confusing or that add unnecessary time and cost to the delivery of serv ices. • Note: Objective of streamlining is to “more effective and efficient administration and enforcement of the process, codes and standards”. Streamlining is not regulatory abandonment.

Standards for Project Processing Protocol and Completion Goals and Deadlines:
• Establish deadlines and timeframes for processing applications. • Stick to a strict approval protocol.
• Review and respond to each application should be according to pre-fixed time allotments without exception.

Performance Standards and Monitoring:

Transtech will also develop a monitoring method to document achievement of the performance, and that personnel are providing helpful and courteous service to customers. The monitoring may include, but is not limited to, customer feedback through written questionnaires, interviews, and observations at the counter and during permit inspections and monthly statistical reports.

Transtech’s Plan Check Approach and Standards:

Electronic Plan Check Submittal Portal:

Transtech provides Electronic Plan Check. Please click here for a sample of our electronic plan check portal at one of our contract Cities. We offer electronic plan check submittal portal to our client cities at no cost.

Virtual Counter Portal:

We offer virtual meetings with plan checkers. Please click here to explore the virtual plan check counter appointment calendar for one of the Cities.

Transtech’s unique “Customer Care” approach in delivering Services in an efficient, cost-effective, and timely manner:
 Transtech is well known in providing Cost Effective Services on time with a customer friendly and responsive approach.  Our services are founded on the principles of Total Quality Management for Total Customer Care.  We have a structured approach to execute projects in an efficient manner that makes Transtech capable of providing the City with the highest quality product. Transtech has established guidelines and policies, including written manuals on quality control, project management, and design procedures for its staff and for its contract cities. These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization in compliance with Packet Pg. 1187
February 10, 2023
City of SAN BERNARDINO
Attn.: Susan Pan, P.E., QSD/QSP, Acting Deputy Public Works Director/City Engineer

www.transtech.org
855.595.2495 (toll-free)
Proposal, Land Development and NPDES Program Management Services City’s specific procedures, standards, and requirements.  We start by working with the applicant early on and during plan review to help them prepare a set of plans which have all of the required information clearly and logically presented.  Additionally, we never hesitate to make suggestions which help eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field. Experience has taught us well that inspection time and applicant frustration can both be substantially reduced, while increasing overall compliance, by producing a better set of plans during the plan review process. And in the case of homeowners, this policy often demonstrates early on that the City really is truly a partner in a process that can often be a source of stress and tension for many applicants, and we fully understand that.
 This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time our staff is required to spend on that particular plan.  Transtech provides all plan check comments on electronic files. All plan check comments are provided on pdf format electronically, as well as hard copies. Plan review corrections are written clearly and are fully detailed to explain the Code deficiency.
 To help the applicant better understand the problem, Transtech provides as much information during plan review as possible. We believe that if the applicant has a clear understanding of the problem, he or she can take the necessary steps to correct the condition. This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time our staff is required to spend on that particular plan.

Unclear and/or cryptic corrections are never written, and all correction lists, except those written over the counter, are typed and printed on a laser printer.
 Our plan checkers confer early on and respond to questions from the architect, engineer, designer, applicant, etc.

When requested, our plan checkers also meet with the architect, engineer, designer, applicant, etc. at our offices to answer questions or for rechecks where the plan corrections.  Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field.  All telephone calls or e-mails received are returned within the same working day, or the following day. We take pride in our “Same Day Response” motto.
 Responsiveness is an integral part of Transtech’s “customer friendly” service approach.  We will strive to enhance the City’s image by public trust to be the most desirable community to live, invest and conduct business.
 Customer Care means highest quality customer service. Transtech is committed to providing “Customer Care” to the City, City's patrons, responding quickly and effectively to the walk-in, telephone, and electronic inquiries of the public related to our services.

We have a qualified team with large pool of well experienced in-house staff readily available with diversified and extensive expertise, and will be able to respond to service requests and mobilize our resources quickly.

We have extensive experience working with Public Agencies in similar assignments. We are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies. We believe our team is well qualified to perform the services requested:
 Successfully providing similar services to many agencies for over 33 years.  Proven track record in on time and within budget project delivery.  Multi-disciplinary engineering consulting service capabilities to provide an array of municipal services.  Ability to work collaboratively with agencies, project applicants, and other stake holders, and communicate effectively with diverse audiences and stakeholders at public forums.  Committed to producing a high-quality work product and deliver a high level of customer care.  Commitment of principal level management and involvement throughout the contract duration.  Well experienced in-house staff readily available to commence with the services upon City’s authorization.

Thank you for the opportunity to submit this proposal. Should you have any questions, or require additional information, please contact the undersigned.

Sincerely,
Ali Cayir, PE, Principal
E: [email protected]; E: [email protected]; C: 714-883-8677 Packet Pg. 1188
Table of Contents
Proposal
Land Development and NPDES Program Management Services
Our proposal includes information listed in RFP under “Proposal Content”, and is formatted per the sections listed in the RFP under “Proposal Format”, as listed below:

Proposal Section Page

1. Perception Approach 1.1 – 1.5

1. Project understanding and perception 1.1

2. Approach to the project including steps to ensure ultimate compliance with objectives of the work, quality and accuracy 1.3

2. Methodology 2.1 – 2.5

1. Clearly state the methodology to be used in completing the Scope of Services 2.1

2. Provide QA/QC plan to ensure quality control for the duration of the project 2.5

3. Key Personnel 3.1 – 3.31

1. Experience of key personnel 3.1

2. Responsibilities to be assigned 3.3

3. Amount of each individual’s time to be allocated 3.3

4. Subconsultant(s) to be used (if any) 3.3

5. Resumes of key personnel 3.4

6. Project organization chart 3.31

4. Relevant Experience 4.1 – 4.10

5. Quality of Proposal 5.1 – 5.5

1. Proposal contains all minimum required items and is in proper format 5.1

2. All forms, including addenda (if any) have been completed and signed 5.2

6. Budget / Fee 6.1 – 6.2
Packet Pg. 1189
Proposal Section 1
Perception Approach
Proposal
Land Development and NPDES Program Management Services
Packet Pg. 1190

1. Perception Approach 1.1
Proposal
Land Development and NPDES Program Management Services

1. Perception Approach

1. Project understanding and perception

2. Approach to the project including steps to ensure ultimate compliance with objectives of the work, quality and accuracy

1. Project understanding and perception
City’s Request for Proposals:

The City has requested proposals from on-call consultants for Land Development and NPDES Program Management Services.

With recent changes to the Engineering Division, the Public Works Department seeks to issue a task order consistent with the PSA to a consultant to provide professional engineering and program management services related to implementing the City’s Land Development and NPDES Program.

The City of San Bernardino process about 1,000 land development permit applications per year. The land development and NPDES permits processed including the on-site improvement/grading permit, off-site improvement permit, landscape plan permit, ROW encroachment permit, tract/parcel map, lot line adjustment, lot merger, Water quality management plan, best management practices plan, erosion control plan, and stormwater pollution prevention plan.

Transtech Comment:

Transtech has extensive experience in the requested services. We have been in business for 33 years and provide similar municipal services to approximately 70 public agencies. Our staff and resources include approximately 200 staff, including project managers, civil engineers, designers, traffic and transportation analysts, technicians plan and map checkers, surveyors, inspectors, construction managers, building officials, building plans examiners, building inspectors, planners and support personnel.

Transtech’s Plan Check and Inspection Capacity in numbers:
• We maintain and manage 25 electronic plan submittal portals. • In 2022, we received and processed approximately 13,000 project applications, reviewed 96,000 documents and performed 15,000 inspections.

Scope of Services:

The consultant shall provide professional services to manage 9 City staff and plan check consultants in delivering the land development and NPDES programs. More specifically, program management services shall include but are not limited to the following program activities:

1. Land Development Program
a. Process new land development project applications, collect application fees and development impact fees.
b. Upload completed new applications to Dropbox folders and email consultants and Public Works staff. c. Coordinate plan check review process with applicant and consultant. d. When plan check is completed and approved, issue construction and encroachment permits, collect permit fees.
e. Schedule and conduct pre-construction meeting.

Packet Pg. 1191

1. Perception Approach 1.2
Proposal
Land Development and NPDES Program Management Services
f. Coordinate construction inspection activities with inspectors. g. Construction completion close-out, as-built plans, bond release. h. Development Environmental Review Committee and Planning projects review and provide comments.

2. NPDES Program
a. Coordinate Water Quality Management Plan (WQMP) and Storm Water Pollution Prevention Plan (SWPPP) plan check review process with applicant and consultant. b. Review and approve non-category WQMP, Best Management Practices (BMP) plan, Erosion Control Plan, SWPPP.
c. When plan check is completed and approved, issue construction permit, collect permit fees. d. Schedule and conduct pre-construction meeting.
e. Coordinate construction activities with inspector.
f. Construction completion: WQMP maintenance Agreement signing and recording. g. RWQCB Industrial Permits: regulatory compliance and annual reporting. h. Manage MS4 Permit Compliance and regulatory updates. Respond to illicit Transtech Comment:
• One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers. Several of our senior staff members have previously worked for Public Agencies in various capacities, such as Public Works Director, City Engineer, City Traffic Engineer, CIP Manager, Building Official, Planner, and various other capacities.
• We have extensive experience working with Public Agencies in similar assignments. We are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies.

Per information provided on City’s web site, City’s Current Plan Submittal/Check Process - City only accepts hard copy submittals.

Packet Pg. 1192

1. Perception Approach 1.3
Proposal
Land Development and NPDES Program Management Services

2. Approach to the project including steps to ensure ultimate compliance with objectives of the work, quality and accuracy
Initial Service Analysis:

If selected by the City, Transtech will conduct a review of existing process, and perform an operational, service and quality assessment and efficiency.

Based on this review, we will provide any recommendations we may have for any improvements in service quality, efficiency, and effectiveness.

Elements of Service Analysis:
• Workflow.
o Do applications enter and proceed through the system efficiently? o Are applicants submitting complete documents?
o What is the % of applications rejected and returned to applicants because it is incomplete for review requiring resubmittal?
o Are inadequate submissions returned early or late in the process? o Are all plan reviewers on a coordinated schedule for each submission or not? • Workload.
o Does the system slow down because it is overloaded or inefficient? o Are there any projections or plans to respond to future growth or decline? • Personnel.
o Does everyone have the skills and training to provide quality and timely services? • Organizational Issues.
o Is there efficient and effective collaboration between departments? o Is there duplication of effort?
• Technical Expertise.
o Is technical expertise sufficient?
• Existing System/Technology.
o Is the existing system/technology being used effectively and efficiently> • Cross-Departmental Communications and Coordination.
o What other departments must be coordinated with to process and complete a plan check (e.g. building, planning, health, fire safety, etc.)?
o Is there effective interdepartmental cooperation?
o Does it need to be improved, if yes, how can communications be enhanced? • Applicants.
o Are there any comments/complaints from applicants for any issues/problems? o Are there any recommendations/suggestions from applicants for an improvements? Creating Service Philosophy:

Creating a Service Philosophy is an important element in efficient and customer friendly service.

As a reference, Transtech’s Service Philosophy is provided below:

Transtech’s unique “Customer Care” approach in delivering Services in an efficient, cost-effective, and timely manner:
 Transtech is well known in providing Cost Effective Services on time with a customer friendly and responsive approach.  Our services are founded on the principles of Total Quality Management for Total Customer Care.  We have a structured approach to execute projects in an efficient manner that makes Transtech capable of providing the City with the highest quality product. Transtech has established guidelines and policies, including written manuals on quality control, project management, and design procedures for its staff and for its contract cities.

These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization in compliance with City’s specific procedures, standards, and requirements.

Packet Pg. 1193

1. Perception Approach 1.4
Proposal
Land Development and NPDES Program Management Services
 We start by working with the applicant early on and during plan review to help them prepare a set of plans which have all of the required information clearly and logically presented.  Additionally, we never hesitate to make suggestions which help eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field. Experience has taught us well that inspection time and applicant frustration can both be substantially reduced, while increasing overall compliance, by producing a better set of plans during the plan review process. And in the case of homeowners, this policy often demonstrates early on that the City really is truly a partner in a process that can often be a source of stress and tension for many applicants, and we fully understand that.
 This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time our staff is required to spend on that particular plan.  Transtech provides all plan check comments on electronic files. All plan check comments are provided on pdf format electronically, as well as hard copies. Plan review corrections are written clearly and are fully detailed to explain the Code deficiency.
 To help the applicant better understand the problem, Transtech provides as much information during plan review as possible. We believe that if the applicant has a clear understanding of the problem, he or she can take the necessary steps to correct the condition. This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time our staff is required to spend on that particular plan.

Unclear and/or cryptic corrections are never written, and all correction lists, except those written over the counter, are typed and printed on a laser printer.
 Our plan checkers confer early on and respond to questions from the architect, engineer, designer, applicant, etc.

When requested, our plan checkers also meet with the architect, engineer, designer, applicant, etc. at our offices to answer questions or for rechecks where the plan corrections.  Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field.  All telephone calls or e-mails received are returned within the same working day, or the following day. We take pride in our “Same Day Response” motto.
 Responsiveness is an integral part of Transtech’s “customer friendly” service approach.  We will strive to enhance the City’s image by public trust to be the most desirable community to live, invest and conduct business.
 Customer Care means highest quality customer service. Transtech is committed to providing “Customer Care” to the City, City's patrons, responding quickly and effectively to the walk-in, telephone, and electronic inquiries of the public related to our services.

Process Streamlining:
• Identify and remove any barriers that may exist in order to effective and efficient delivery of services to the public.
• Improve by modifying or restructuring the day-to-day operations to eliminate, or significantly reduce areas of any duplicative work, overlapping and conflicting rules, regulations, processes and procedures that might be confusing or that add unnecessary time and cost to the delivery of serv ices. • Note: Objective of streamlining is to “more effective and efficient administration and enforcement of the process, codes and standards”. Streamlining is not regulatory abandonment.

Standards for Project Processing Protocol and Completion Goals and Deadlines:
• Establish deadlines and timeframes for processing applications. • Stick to a strict approval protocol.
• Review and respond to each application should be according to pre-fixed time allotments without exception.

Goals and Results of Process Streamlining:
• Making the process simpler to understand, more convenient to use, more efficient, and more predictable. • Meeting the demands of customers.
• Enabling staff to be project oriented rather than process oriented. • Eliminating duplicate work.

Packet Pg. 1194

1. Perception Approach 1.5
Proposal
Land Development and NPDES Program Management Services
• Providing greater control and flexibility in re-distributing workload. • Enhancing customer service, and minimizing complaints processes.

Performance Monitoring:

Develop a monitoring method to document achievement of the performance, and that personnel are providing helpful and courteous service to customers.

The monitoring may include, but is not limited to, customer feedback through written questionnaires, interviews, and observations at the counter and during permit inspections and monthly statistical reports.

Packet Pg. 1195
Proposal Section 2
Methodology
Proposal
Land Development and NPDES Program Management Services
Packet Pg. 1196

2.. Methodology 2.1
Proposal
Land Development and NPDES Program Management Services

2. Methodology

1. Clearly state the methodology to be used in completing the Scope of Services

2. Provide QA/QC plan to ensure quality control for the duration of the project

1. Clearly state the methodology to be used in completing the Scope of Services
Following paragraphs describes Transtech’s general approach in plan check services:

Also see Proposal Section 1. Perception Approach, Sub-section 2. Approach to the project including steps to ensure ultimate compliance with objectives of the work, quality and accuracy Transtech’s unique “Customer Care” approach in delivering Building and Safety Services in an efficient, cost-effective, timely and customer friendly manner:
 Transtech is well known in providing Cost Effective Services on time with a customer friendly and responsive approach.  Our services are founded on the principles of Total Quality Management for Total Customer Care.  We have a structured approach to execute projects in an efficient manner that makes Transtech capable of providing the City with the highest quality product. Transtech has established guidelines and policies, including written manuals on quality control, project management, and design procedures for its staff and for its contract cities.

These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization in compliance with City’s specific procedures, standards, and requirements.  We start by working with the applicant early on and during plan review to help them prepare a set of plans which have all of the required information clearly and logically presented.  Additionally, we never hesitate to make suggestions which help eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field. Experience has taught us well that inspection time and applicant frustration can both be substantially reduced, while increasing overall compliance, by producing a better set of plans during the plan review process. And in the case of homeowners, this policy often demonstrates early on that the City really is truly a partner in a process that can often be a source of stress and tension for many applicants, and we fully understand that.
 This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time our staff is required to spend on that particular plan.  Transtech provides all plan check comments on electronic files. All plan check comments are provided on pdf format electronically, as well as hard copies. Plan review corrections are written clearly and are fully detailed to explain the Code deficiency.
 To help the applicant better understand the problem, Transtech provides as much information during plan review as possible. We believe that if the applicant has a clear understanding of the problem, he or she can take the necessary steps to correct the condition. This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time our staff is required to spend on that particular plan.

Unclear and/or cryptic corrections are never written, and all correction lists, except those written over the counter, are typed and printed on a laser printer.
 Our plan checkers confer early on and respond to questions from the architect, engineer, designer, applicant, etc.

When requested, our plan checkers also meet with the architect, engineer, designer, applicant, etc. at our offices to answer questions or for rechecks where the plan corrections.  Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field.  All telephone calls or e-mails received are returned within the same working day, or the following day. We take pride in our “Same Day Response” motto.
 Responsiveness is an integral part of Transtech’s “customer friendly” service approach.  We will strive to enhance the City’s image by public trust to be the most desirable community to live, invest and Packet Pg. 1197

2.. Methodology 2.2
Proposal
Land Development and NPDES Program Management Services
conduct business.
 Customer Care means highest quality customer service. Transtech is committed to providing “Customer Care” to the City, City's patrons, responding quickly and effectively to the walk-in, telephone, and electronic inquiries of the public related to our services.

Plan Check Processing:

When a plan check order is received, it is logged and reviewed by Building Staff and then assigned to applicable plan checkers. The plan check duration is monitored thru the plan check log data base, which generates messages at identified intervals to inform plan checker and supervising Sr. Staff so that they are aware of how the progress and status continuously. If any potential delay is monitored, necessary steps are taken, such as meeting with plan checker to review the schedule, workload, performance, and identify actions, including assigning additional staff, if necessary, to ensure timely completion of assignment.

Plan Check Coordination:
• Our plan checkers respond to questions from the architect, engineer, designer, applicant, etc. When requested, our plan checkers also meet with the architect, engineer, designer, applicant, etc. at our offices to answer questions or for rechecks.
• Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field. This pro-active approach reduces inspection time and questions, and applicant frustration, while increasing overall compliance, by producing a better set of plans during plan review process. Especially, when the applicant is a homeowner trying to improve his/her property, this policy often demonstrates early on that the City really is here to help.

Approach to Meeting with Applicants:

Our staff is available to applicants by phone and through email or through virtual meeting for questions or available to meet for rechecks if necessary. Our policy is to meet with applicants virtually via TEAMS or ZOOM or when necessary, at City Hall, but we also have an available facility at our office meetings with applicants.

Expedited/Off-Business Hours/Weekend Services:

If the City receives a request from applicants for expedited plan check services, Transtech staff is able to provide additional resources to accommodate such a request. If the City requests inspection services, Transtech staff will provide additional resources to accommodate inspection requests during off business hours and weekends.

Quick Turn Around and Expedited Service:

Transtech will provide plan checks on a quick turn-around schedule. Transtech also provides expedited service when requested. Applicant will be able to see online on real time the progress of plan check submittals.

Weekend, Holiday & Atter Work Inspection:

Transtech is readily available and has the resources to provide weekend, holiday, and after-work hour inspections as requested by the City Manager or designee.

Training Program:

We offer any City staff, who are involved in inspection, plan check and permit issuance, an option to participate in our training program for code updates and process, as well as ICC certification training.

Other Services:

Transtech is a full-service municipal consulting firm that currently provides a variety of different city services for public agencies. We understand that Transtech would be responsible for all correspondence related to activities of the Building and Safety Division. In addition, Transtech would respond to any complaints, perform investigations, provide problemsolving methods for unique or challenging plan check or code interpretation issues, provide report writing and policy & Packet Pg. 1198

2.. Methodology 2.3
Proposal
Land Development and NPDES Program Management Services
procedure recommendations, and attend City Council and Commission meetings as requested by the City Manager or designee.

Virtual Counter:
• We offer virtual meetings with plan checkers.
• Sample of one of our virtual plan check counter appointment calendar:

South Pasadena Virtual Plan checker
https://outlook.office365.com/owa/calendar/[email protected]/bookings/ Electronic Plan Check:
• Transtech provides Electronic Plan Check.
• Sample of one of our electronic plan check portals:

West Covina
https://gopost-transtech.eplansoftreview.com/#/login?portal=westcovinabldg Following pages include sample snap shots of various types of electronic plan checks.

Packet Pg. 1199

2.. Methodology 2.4
Proposal
Land Development and NPDES Program Management Services Packet Pg. 1200

2.. Methodology 2.5
Proposal
Land Development and NPDES Program Management Services

2. Provide QA/QC plan to ensure quality control for the duration of the project Our services are founded on the principles of Total Quality Management for Total Customer Care.

We have a structured approach to execute projects in an efficient manner that makes Transtech capable of providing the City with the highest quality product.

Transtech has established guidelines and policies, including written manuals on quality control, project management, and design procedures for its staff and for its contract cities. These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization in compliance with City’s specific procedures, standards, and requirements.

Transtech provides all plan check comments on electronic files. All plan check comments are provided on pdf format electronically, as well as hard copies. Plan review corrections are written clearly and are fully detailed to explain the Code deficiency.

Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field.

Also see Proposal Section 1. Perception Approach, Sub-section 2. Approach to the project including steps to ensure ultimate compliance with objectives of the work, quality and accuracy.

Packet Pg. 1201
Proposal Section 3
Key Personnel
Proposal
Land Development and NPDES Program Management Services
Packet Pg. 1202

3. Key Personnel 3.1
Proposal
Land Development and NPDES Program Management Services

3. Key Personnel

1. Experience of key personnel

2. Responsibilities to be assigned

3. Amount of each individual’s time to be allocated

4. Subconsultant(s) to be used (if any)

5. Resumes of key personnel

6. Project organization chart

1. Experience of key personnel
Professional Licenses by Board for Professional Engineers, Land Surveyors, and Geologists Transtech Staff Members possess Professional Engineer Licenses in various engineering categories (i.e. Civil Traffic, etc.)
ICC Certifications:

Licenses and Certificates of the Firm and Staff Members in Diversified Fields:

Transtech staff members have extensive experience and in-depth knowledge of applicable codes and regulations. Our staff members are certified by the International Code Council (ICC). We have staff who have reached the highest possible level of code administration with the Master Code Professional designation certification from the ICC. In addition, some of our staff members are certified as Fire Plan Checkers and Inspectors, as we provide these services to some agencies.

Following are various ICC certifications held by various staff members:

Building Official Certifications:
 Certified Master Code Professional
 Building Code Official
 Building Official
Plan Check Certifications:
 Residential Building Plans Examiner
 Commercial Building Plans Examiner
 California Building Plans Examiner
 Certified Sustainability Professional
 CalGreen Plans Examiner
 Accessibility Plans Examiner
 Commercial Energy Conservation Plans Examiner
 Residential Plans Examiner
 Mechanical Plans Examiner
 Plumbing Plans Examiner
 Electrical Plans Examiner
State of California Safety Assessment Program:
 CalOES SAP Evaluator
Inspection Certifications:
 Combination Inspector
 Commercial Building Inspector
 Residential Building Inspector
 Accessibility Inspector
 Commercial Energy Conservation Inspector
 Electrical Inspector
 Commercial Electrical Inspector
Packet Pg. 1203

3. Key Personnel 3.2
Proposal
Land Development and NPDES Program Management Services
 Residential Electrical Inspector
 Residential Energy Conservation Inspector
 Residential Building Inspector
 Residential Mechanical Inspector
 Mechanical Inspector
 Commercial Mechanical Inspector
 Plumbing Inspector
 CalGreen Inspector
 Building Inspector CBC
 Building Inspector UBC
 Plumbing Inspector UPC
 California Building Inspector
 California Commercial Plumbing Inspector
 California Residential Mechanical Inspector
 California Residential Mechanical Inspector
Additional Inspection Certifications:
 IAPMO Plumbing, Mechanical Inspector
 Fire Code Inspector
 Fire Inspector II
 California UST Inspector
Permit Technician Certification: Permit Technician
CACEO Certified Code Enforcement Officer
California State Fire Marshall Certifications:

Certified EMT1 (AED Certification), Driver Operator 1A, Driver Operator 1B, Driver Operator, Command 1A, 1B, 2A, Firefighter 1, 2, Hazardous Materials First Responder, Instructor 1A, 1B, Investigation, 1A, Management, 1, Prevention, 1A, 1B, 1C, 1D, 2A, 3A,3B, ICS 100, 200, S-290, S-130, S-190, PC832 with Firearms.

Fire control 3, S-230 S-231 S-215, Fire Safety Officer
FEMA: IS 100, 200, 241, 242, 275, 700, 288, 800, 08-A, 1900  Also, our plan check engineers, who review maps and engineering plans are licensed as professional engineer by the State of California Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG).  In addition, some of our staff members are certified as Fire Plan Checkers and Inspectors, as we provide these services to some agencies.

Our staff members are involved in many local and national International Code Council (ICC) and California Building Officials (CALBO) committees, and are involved in the development of local and national guidelines and codes for Building and Safety:
• Chair; ICC Sustainability Membership Council
• Chair; ICC LA Basin Chapter Inspection Committee
• Commissioner; ICC Codes & Standards Council
• Commissioner; CALBO Green Committee
• Commissioner; ICC/CALBO CA Exam Committee
• Commissioner; CALBO Outreach/Communications
Committee
• ICC Los Angeles Basin Chapter Board of Directors
• ICC Building Officials Membership Governing Council
• ICC Code Development Committee Vice Chair
• ICC Technology/Web Advisory Group
• IAS Accreditation Committee
• ICC LA Chapter Accessibility Committee
• Commissioner; CALBO State Licensing Boards Committee
Packet Pg. 1204

3. Key Personnel 3.3
Proposal
Land Development and NPDES Program Management Services

2. Responsibilities to be assigned
Proposed Lead Staff Person for this Project- Michael Ackerman, PE, QSD, QSP, QISP: Transtech will assign Michael Ackerman, PE, QSD, QSP, QISP as the Lead Staff Person for this Project.

Other technical support staff will be assigned as necessary.

3. Amount of each individual’s time to be allocated
Staff time will be as needed.

Sr. Level staff is anticipated to provide approx. 2 days on site support and 2 to 3 days off site support per week.

Other technical support staff is anticipated to provide approx. 2 to 3 days on site support and 2 days off site support per week.

4. Subconsultant(s) to be used (if any)
Transtech has in-house staff to provide the requested services.

Packet Pg. 1205

3. Key Personnel 3.4
Proposal
Land Development and NPDES Program Management Services

5. Resumes of key personnel
MICHAEL ACKERMAN, PE, QSD, QSP, QISP, Sr. Engineer, Principal/Supervising Program Manager Education
• Bachelor of Science in
Engineering, the University
of Iowa
• Land Development
Desktop, AutoCAD Civil
3D, and Microstation
Certification - Westech
College
Registration
• Registered Civil Engineer
Certifications
• Resident Engineer
Academy, Caltrans
• Water Pollution Control
Compliance on
Construction Sites for
Resident Engineers,
Caltrans
• Asphalt Pavement
Fundamentals: Design,
Construction, and
Rehabilitation
• Construction Program
Management Workshop,
FHWA
• Field Office Procedures
Course, Caltrans
• California Work Zone
Inspection – High Speed,
Caltrans
• Asphalt Concrete
Inspection and
Rehabilitation Strategies,
Caltrans
• CalOES SAP Evaluator
Highlights
• 20 years of experience in
Mr. Ackerman has approximately 25 years of experience. At Transtech, he has been working as a Sr. Engineer at various Transtech City Engineering Contracts. He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies.

He managed Engineering and CIP, attended and coordinated with COG Regional Transportation Planning, GWMA Gateway Water Management Association, and Los Angeles Upper Reach 2 Storm Water Management Group.

Mr. Ackerman’s experience also includes working at various positions for public agencies including:
• Caltrans:

Mr. Ackerman was a civil transportation engineer for Caltrans District 8 where he was involved in the design and construction of various projects. • Construction Division: In the Construction Division, Mr. Ackerman was Resident Engineer for various projects, including:
o Watson Wash Bridge Replacement Right (Rte 40)
o Replacement of Drains and Earthwork (Rte 40)
o Fenner Overhead Bridge Replacement (Replacement of two bridges over BNSF Railroad, Rte 40).
• Design Division: Designed plans, specifications, and estimates for the rehabilitation of Route 10 freeway from the Riverside/San Bernardino County line to Beaumont.
• Traffic Operations Division: Performed studies and analyses to interpret and mitigate above average accident volume areas on highways and freeways.

Also, he performed traffic studies.
• City of San Bernardino:

Mr. Ackerman worked at the City of San Bernardino as a Civil Engineer. He was involved in many projects including Development Review and Plan Check, design and review of Street Improvement Plans, Rough and Precise Grading Plans, Sewer Plans, Storm Drain Plans, Street Lighting Plans, Storm Water Pollution Prevention Plans, Water Quality Management Plans, Geotechnical Reports, and Hydrology/Hydraulic Studies, land development, industrial, commercial, residential, and transportation development projects including Tract and Parcel Maps. He also directed and performed plan check of improvement plans submitted by developers to the City. Also, he represented the City of San Bernardino at the South Tehachapi Management Team meetings, coordinated with San Bernardino County Flood Control and FEMA for the certification of City levees and updating of the Flood Insurance Rate Maps (FIRM), and oversaw permitting and tracking of Land Development Projects through the Division of Public Works/Engineering. In addition, Mr. Ackerman has worked intimately with Planning and Building and Safety Divisions on Land Development Projects. • City of Huntington Park:

Mr. Ackerman worked for the City as City Engineer. He was responsible for the engineering operations, plan check, CIP Management.

Mr. Ackerman provides services to various Transtech Contract Cities as needed.

Following are various tasks representative of his general engineering experience:
• Planned, coordinated, and directed the activities of the Engineering Division; • Supervised the preparation of designs, specifications, plans, estimates and reports involved in the construction of public works engineering projects, such as Packet Pg. 1206

3. Key Personnel 3.5
Proposal
Land Development and NPDES Program Management Services
City Engineering.
• Experience includes
working for Caltrans and
Cities of San Bernardino
and Huntington Park.
• Extensive experience in
working with Caltrans.
• Extensive experience in
NPDES requirements.
• Extensive experience in
the management and
administration of federally
and state funded projects
in compliance with
Caltrans Local Assistance
Procedures Manual
(LAPM).
• Served as Resident
Engineer on several
Federally Funded Projects.
• Cal OSHA 10 hour
Construction Certified
storm drains, sewer systems, and water facilities;
• Reviewed and approved engineering plans, specification and contract documents;
• Analyzed bids and supervises the preparation of contracts; • Supervised building construction by outside contractors on special projects; • Provided technical assistance and consults with other departments, agencies, commission, and other bodies on engineering matters;
• Prepared reports for the various governing bodies concerning economic comparison, environmental impact studies, subdivisions, land use conversion, and capital improvements
• Planned, coordinated and directed the traffic engineering functions of the City including traffic control device installations, traffic studies and local and regional area traffic growth management;
• Site visits to various locations to conduct field and construction inspections, surveying, and perform other engineering activities;
• Administered the use of revenue obtained through subventions from the State and County;
• Represented the Division to other City departments, elected officials and outside agencies; explained and justified Engineering Division programs, policies and activities; negotiated and resolved sensitive, significant and controversial issues; • Managed and participated in the development and administration of the Engineering Division budget; participated in the preparation of and implement budgetary adjustments;
• Coordinated Engineering Division activities with those of other departments and outside agencies and organizations; provided staff assistance to the City Manager and City Council; prepared and presented staff reports and other necessary correspondence;
• Directed the work involved in the custody of maps, charts and other records dealing with City owned facilities;
• Supervised and evaluated subordinate staff;
• Responded to citizen inquiries and resolve difficult and sensitive complaints; and • Participated on a variety of boards and commissions; attended and participated in professional group meetings; stayed abreast of new trends and innovations in the engineering field.

Following are various projects representative of his Public Works Projects Experience:

Mr. Ackerman has also served as Project Design Engineer, Project Manager, and Construction Manager/Resident Engineer on a number of projects. Partial listing of projects representative of his project experience on recent projects include:
• Project Engineer for City of Commerce, Garfield Avenue Telegraph Road to Malt Avenue Street Improvements; Eastern Avenue Pavement Overlay Stevens Thru City Boundary; Garfield Avenue and Slauson Avenue Intersection Improvements; Washington/Ayers Intersection: Prepared PS&E. Federally funded projects as part of Stimulus Program.
• Project Engineer for City of Baldwin Park, Francisquito Avenue Overlay Project; Ramona Boulevard Overlay Project: Prepared PS&E. Federally funded projects as part of Stimulus Program.
• Project Engineer for City of San Bernardino, Sewer upgrade project: Preparation of a project PS&E for upgrade of main sewer lines at various locations per the City’s Sewer Master Plan.
• Project Engineer for City of Commerce - Master Sewer Study Telegraph Corridor re-vitalization project: Documentation of existing system. Design capacity analysis based upon land use designations. Produced master plan study report for the project along with cost estimates.
• Resident Engineer for Rosemead Safety and Enhancement and ADA Improvements Project. Served as the Resident Engineer for the Rosemead Safety and Enhancement Project. The project includes widening and reconstruction of Packet Pg. 1207

3. Key Personnel 3.6
Proposal
Land Development and NPDES Program Management Services
2 miles of Rosemead Boulevard, including new medians, bike lanes, signals, sidewalks, curb & gutter, street lighting, landscape, street scape. The project is federally funded and is managed in compliance with Caltrans Local Assistance Procedures Manual. Cost $20m.
• Principal CM/Resident Engineer for Valley Boulevard Rehabilitation and ADA Improvements Project (Federally Funded), Alhambra: Project involved reconstruction, pavement overlay, medians, landscape, curb and gutter, sidewalk, traffic signals and other misc. improvements. Project was inspected and managed in compliance with Caltrans Local Assistance Procedures Manual. Project also involved coordination with Caltrans for work at the 710 Freeway ramps under Caltrans Encroachment Permit. Project was completed in various phases, including nigh time construction for several phases, to minimize inconvenience to public on this heavily travelled major Arterial. • Principal CM/Resident Engineer for New Avenue, from North to South City Limit Rehabilitation and ADA Improvements Project (Federally Funded), Alhambra:

Project involved reconstruction, pavement overlay, curb and gutter, sidewalk, traffic signals and other misc. improvements. Project was inspected and managed in compliance with Caltrans Local Assistance Procedures Manual.

Project also involved coordination with Caltrans for work at the I-10 Freeway ramps under Caltrans Encroachment Permit.
• Principal CM/Resident Engineer for Garfield Rehabilitation and ADA Improvements Project (Federally Funded), Alhambra: Project involved reconstruction, pavement overlay, curb and gutter, sidewalk, and other misc. improvements. Project was inspected and managed in compliance with Caltrans Local Assistance Procedures Manual.
• Principal CM/Resident Engineer for City of San Bernardino, Via Duct Boulevard/2nd Street Realignment Project: Prepared PS&E and served as Construction Manager/Resident Engineer.
• Project Engineer for CSUSB (Cal State SB University) San Bernardino Main Access Road: Prepared PS&E and provided construction administration for the project.

Project involved design of a new roadway for a length of approximately 1.5 miles, and include street, medians, landscape, lighting, traffic signals, water, sewer, storm drain and various other utilities.
• Project Engineer for CSUSB (Cal State SB University) Perimeter Road for CSUSB Palm Desert Campus: Prepared PS&E for the project. Improvements included street, water, landscape, grading, drainage, street lighting and various other improvements.
• Project Engineer for CSUSB (Cal State SB University): Campus Health Center Expansion: Prepared PS&E for the project for grading, utilities and civil engineering.
• Project Engineer for University of California, Riverside - West Campus Infrastructure: Prepared West Campus Infrastructure Development Design/Study, which identified utility and surface infrastructure requirements, and how these improvements could be phased to accommodate proposed campus growth, for an area of 236.8 acres to support approximately 5 million gross square feet of academic, research, support, and student housing facilities. • Project Engineer for City of San Bernardino Campus Parkway Roadway Design:

Prepared PS&E as well as provided construction management and inspection services for the project. Improvements included street, water, sewer, storm drain, landscape, street lighting, traffic signal, and signing and striping.

Packet Pg. 1208

3. Key Personnel 3.7
Proposal
Land Development and NPDES Program Management Services
AARON MLYNARSKI, Office Engineer Support

EDUCATION
• BA, Business
Administration, Cal Baptist
University
HIGHLIGHTS:
• Strong Communication
and collaboration skills
• Preparation and
processing of Special
Studies (SWPPP, WQMP
and Hydrology)
• Experience in Public
Works, Building and
Safety, Planning and
Surveying
Mr. Mlynarski has approximately 20 years of experience. He serves as an Office Engineer and provides technical and administrative support to Project Managers. His experience includes CIP management support, coordination with City Departments, Utility Companies, Caltrans, other Regulatory Agencies, Developers, Consultants, Contractors, Field Survey, Community Outreach and overall management and coordination of a variety projects from design thru plan review and approvals and construction. As Office Engineer, he assists Project Managers, Construction Mangers and Resident Engineers with contract administration, RFI and submittals coordination, document control, contract compliance, project coordination, project controls and various other tasks.

As part of Transtech’s Municipal Services, Mr. Mlynarski also assists Project Managers, and Engineers at various Transtech Contract Cities and performs various tasks including:
• Prepare Staff Reports and Presentations for Council Meetings, Commission Meetings, and Ad-Hoc Committees
• Prepare Requests for Qualifications and Proposals (RFQ’s and RFP’s) to hire consultants and outside contractors to perform services for City projects. • Analyze submitted proposals and bids
• Prepare staff reports for City Council meetings.
• Participate in the plan check, review, and processing of plans for private developments affecting city streets, sewers, drains, and related public works facilities and ensure that they all meet City imposed requirements. • Coordinate with other departments such as Planning and Building Department for Plan Checks
• Respond to inquiries and requests for information from the general public, contractors, and other agencies.
• Prepare memos, letters, and field reports in the course of performing work. • Attend and participate in meetings and conferences with City staff, consultants, contractors, utility companies, and various stake holders regarding requirements for public works projects, land development/subdivision projects and other matters relating to areas of assigned responsibilities.

SWPPP (Special Studies):
• Prepare weekly logs for SWPPP compliance to provide to the LRP/owner. • Inspect site BMP’s and other site conditions as needed for compliances. • Prepare and file annual report with the State Waterboard. • Prepare and file annual report with Caltrans.
• Advise and consult on SWPPP matters as requested by ownership. • Processing the General Permit with the State Waterboard (NOI, Annual Report and NOT)
SWPPP Projects:
• AMES Construction – 650,000 cubic yards of stockpile material. Branch Water Pipeline Project, Mentone 2016-2017.
• SD Homes – 328 multi-family units on 19 acres, Redlands 2017-present. • The Standard – 282 multi-family units. 9.54 acres, Redlands 2020-present. • Eagle Yucaipa 55 – 96 senior rental units on 3.48 acres, Yucaipa 2018-2020. • Loma Villas – 70 multi-family apartment units. 2.68 acres, San Bernardino 2020- present.
• Grand Terrace Fleet Yard – Truck Storage Facility. 22 acres, Grand Terrace 2020- present.
• Hesperia Senior 55 – 96 multi-family apartment units. 10.02 acres, Hesperia 2015- present.
• Crystal Ridge – 89 lot single family development 2013-2018 Packet Pg. 1209

3. Key Personnel 3.8
Proposal
Land Development and NPDES Program Management Services
Various other projects representative of his experience include:
• City of San Bernardino, Metrolink Parking Structure at Historic Santa Fe Rail Depot:

Mr. Mlynarski served as Office Engineer. Daily site walks, site photos and meeting with sub-contractors and City staff to maintain an efficient construction schedule.

Coordinated application and plan submittals with the City’s Public Works and Community Development Departments.
• City of San Bernardino Historic Renovation adoptive reuse of Santa Fe Rail Depot:

Mr. Mlynarski served as Assistant to Construction Manager. Managed RFI’s, Change Orders and other documents between City staff, contractor and Construction Manager.
• County of Los Angeles, Building Department Technician: Mr. Mlynarski served as Building Technician and coordinated plan reviews and permit process. Mr. Mlynarski was responsible for confirming and logging in permit information using multiple GIS programs as the County of Los Angeles was transferring to a digital platform 2010- 2012.
• City of Alhambra: Mr. Mlynarski served as Building Technician and coordinated plan reviews and permit process 2012-2013.
• City of South Pasadena: Mr. Mlynarski served as Building Technician and coordinated plan reviews and permit process 2012.
• Waterman Gardens/Arrowhead Grove: Mr. Mlynarski served as a project coordinator for the redevelopment of the low-income housing community. Mr.

Mlynarski was responsible for coordination between the County of San Bernardino Housing Authority (SBCHA), National CORE, San Bernardino City agencies and subcontractors. He was involved in all plan submittals, weekly meetings and permit issuances 2015-present.

Technical Highlights:

Outlook, Adobe, HTML, Photoshop CS2, Image Ready CS2, Excel, Access, Power Point, Word, Word Perfect
Packet Pg. 1210

3. Key Personnel 3.9
Proposal
Land Development and NPDES Program Management Services
DENNIS TARANGO, CBO, ICC Certified Building Official, Plans Examiner, Inspector, Sr. Level Technical Support Staff

EDUCATION
• California State
Polytechnic University,
Pomona, Engineering
• Fresno State University,
Business Administration
• Rio Honda College,
General Studies

ICC CERTIFICATIONS
• Certified Building Official
• Building Plans Examiner
• Commercial Building
Inspector
• Building Inspector UBC
• Fire Plans Examiner

HIGHLIGHTS
• Currently on ICC
Sustainability
Membership Council
Governing Committee
• CalOES SAP Evaluator
Mr. Tarango has over 20 years of experience in the building and safety division. He is experienced in managing building and safety departments of different municipalities. Currently he is serving as Building Official for Transtech Contract Cities. At Transtech, Mr. Tarango is responsible for the Building and Safety Division as well as business development, client relations, and management oversight. With his analytical and strategic management skills, he provides strong leadership and develops staff to enhance the Departments abilities. Prior to working for Transtech, Mr. Tarango served as Deputy Building Official, Plans Examiner, and Senior Building Inspector for various local cities including the City of Diamond Bar, City of Yorba Linda, and City of Hemet.

Mr. Tarango’s experience of building and safety operations, comes from working in the capacity of Building Official, Acting Building Official, Deputy Building Official, Plans Examiner and Building Inspector. He has comprehensive knowledge of municipal government operations, including preparation and presentation of staff reports and resolutions to city councils, committees and related interaction with members of the public, other city departments and other governmental agencies.

He has extensive experience in construction codes, building and safety plan review and inspection, code interpretations, and resolving code related construction and plan review problems on a broad range of projects.

As Building Official, he provides necessary code interpretation in collaboration with other City Departments and applicants on building and safety related issues. He manages building and zoning code violations with the aid of the City Prosecutor to abate violations. He also provides over the counter plan check as Building Official/Plans Examiner.

As Plans Examiner, he is responsible for examination and approval of architectural and structural plans submitted to municipalities for a wide variety of projects ranging from small residential additions to large, multistory commercial and industrial facilities.

As Building Inspector, he has inspected an array of projects ranging from small residential additions to large complex multifamily, commercial, and industrial facilities. He was also responsible for inspector training and development.

EXPERIENCE IN LARGE COMPLEX PROJECTS (PARTIAL LIST) IN WHICH BUILDING OFFICIAL OVERSIGHT WAS PROVIDED:
• San Manuel Casino, Refresh Project ($200M): This three-year project was a multiphase remodel of the entire 400,00 SF casino floor including 5 new restaurants, 3 new bars, retail stores, food court, executive offices, chiller plant, bridge, and 50,000 SF of new gaming area. Transtech provided plan check, inspection, Building Official services.
• County of Riverside Economic Development Agency, Facility Evaluation:

Located at 41888 Motor Car Pkwy Transtech provided Facility Evaluation Services including an accessibility compliance review to allow the 297,033 SF 5- story office building to operate as an essential services facility. • County of Riverside Economic Development Agency, Facility Evaluation:

Located at 450 E. Alessandro Blvd Transtech provided Facility Evaluation Services comprised of a high-level analysis of the structural system and a code compliance evaluation of the entire 5 Acre property including a 16,826 SF office building, outdoor theater, and several assessor structures. • Temple City Camellia Square (Project Value: $15M): Transtech provided full plan review as well as inspection services, the project included a shopping center with an underground garage and 4 total buildings as follows: a one-story 6,600 SF building; a two-story 25,700 SF building, a two-story 4,500 SF building; and, a Packet Pg. 1211

3. Key Personnel 3.10
Proposal
Land Development and NPDES Program Management Services
two-story 43,400 SF building. This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project.
• Linden Walk Residential Development (Project Value: $18.5M): Transtech provided full plan review as well as inspection services for this development which included 74 Single Family Dwellings. This project is located in Temple City.

This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project. • Blossom Walk Residential Development (Project Value: $5.7M): Transtech provided full plan review as well as inspection services of for this development which includes 24-unit condominiums and 4 single family homes. This project is located in Temple City. This also included Transtech also provided Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project.
• Pacific Plaza (Project Value: $30.3M): Located at 11 S 3rd St (condo) and 300 W Main St (retail). Transtech provided full plan review as well as inspection services of for this development which includes 120 condo units and retail space below.

This project is located in Alhambra. This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project.
• The Alhambra (Project Value: $57.8M): Located at 88 S Garfield Avenue, 2 S Garfield Avenue, 100 & 150 E Main St. Transtech provided full plan review as well as inspection services of for this development which includes 260 apartment units, 4-story parking garage, 72,000 sq ft 2-story retail building, 16,730 sq ft 1- story retail building, and 23,000 sq ft 1-story retail building. This project is located in Alhambra. This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project.
• Midwick Collection (Project Value: $13M): Located at 2400 S Fremont Avenue.

Transtech provided full plan review as well as inspection services of for this development which includes 36 single family dwellings and 28 townhomes. This project is located in Alhambra. This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project.
• Casita de Zen (Project Value: $21M): Located at 28 N 3rd St (condo) and 235 W Main St (retail). Transtech provided full plan review as well as inspection services of for this development which includes mixed use project with 92 condos on top, and retail on bottom. This project is located in Alhambra. This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project. • Main Street Collection (Project Value: $23M): Located at 410 W Main Street.

Transtech provided full plan review as well as inspection services of for this development which includes 4-story mixed-use project with 8,200 s ft retail space, 52 condos, 9 live/work units, 19 townhomes, and 6 shopkeeper units. This project is located in Alhambra. This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project.
• 820 Mission Development LLC (Project Value: $10M): Located at 820 Mission St.

Transtech provided full plan review as well as inspection services of for this development which includes construction of new office building with one Packet Pg. 1212

3. Key Personnel 3.11
Proposal
Land Development and NPDES Program Management Services
residential unit above, new 15 unit townhome cluster with office fronting Mission Street with one-level subterranean parking, convert existing 3-story industrial building into 9 residential units, construct 13 townhome units. This project is located in South Pasadena.
• Alta Med Medical Group (Project Value: $4M): Located at 1900 E Slauson Ave.

Transtech provided full plan review as well as inspection services of for this development which includes a new mixed-use building of office space and an adult day care with new on grade parking. This project is located in Huntington Park. This also included review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project.

AS PART OF THE ROLES AND RESPONSIBILITIES OF A BUILDING OFFICIAL, BELOW IS

PARTIAL LIST OF DUTIES AS IT RELATES TO THE ROLE OF CHIEF BUILDING OFFICIAL POSITION:
• Manage multiple Building and Safety Departments and staff and provide any other services as may be necessary for administration and enforcement of the California Building Code and related codes, and applicable provisions of the City’s Municipal Code.
• Represent City’s as its building official while interfacing with the public and other agencies.
• Respond quickly in the event of a local, regional, or national emergency or disaster, as building official.
• Read, interpret and analyze plans for major structures. • Visit construction sites and conduct building code inspections when needed as well as conduct job-site evaluations of construction projects for the purpose of monitoring/enforcing compliance with approved plans and code requirements.
• Oversee and participate in the management of a comprehensive building department processes.
• Oversee, direct, and coordinate the work of building staff. • Participate in the development and administration of the division goals, objectives, and procedures.
• Prepare clear and concise administrative and financial reports as it related to the building department.
• Work with professional architects, engineers, builders, and the general public with a customer service approach.
• Formulate and apply uniform policies and standards for the building inspection programs; formulate, interpret and explain specific building codes, ordinances and administrative orders.
• Research regulations, procedures and/or technical materials relating to building codes and enforcement.
• Represent the City before other agencies and groups on building inspection and enforcement matters.
• Make effective presentations before large and small groups of people. • Coordinate division services with other programs and services within the County and with outside organizations, and agencies.
• Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals. • Research, analyze, and evaluate new service delivery methods and techniques.
• Interpret and apply federal, state, and local policies, laws, and regulations. • Communicate clearly and concisely, both orally and in writing.

Packet Pg. 1213

3. Key Personnel 3.12
Proposal
Land Development and NPDES Program Management Services
DAVID RAGLAND, PE, PLS, QSD, QSP, QISP, Sr. Engineer, Sr. Level Technical Support Staff

EDUCATION
• Humboldt State University,
CA, Bachelor of Science

REGISTRATION
• Registered Civil Engineer
• Licensed Land Surveyor

HIGHLIGHTS
• Civil engineer and land
surveyor with
approximately 30 years of
diverse experience in a
wide variety of projects.
• Managed numerous multidisciplinary teams dealing
with the planning,
engineering, entitlement,
environmental permitting,
development and
construction of urban and
rural development, and
public works projects.
• In the past 10 years, at
Transtech, has been
working as Engineering
Manager and providing
engineering services to
various Cities.
• Served as Principal Project
Manager for the design,
construction and
management of a variety
of projects, including:
o Major infrastructure
projects for public
agencies (Freeway
Interchanges,
Roadways, Water, Storm
Drain and Sewer
Facilities and Master
Plans).
o Commercial and Retail
Mr. Ragland is a civil engineer and land surveyor has over 35 years of diverse experience in a wide variety of projects in civil engineering. He has managed numerous multi-disciplinary teams dealing with the planning, engineering, entitlement, environmental permitting, development and construction of urban and rural development, and public works projects. His experience also includes special emphasis on complex grading and hillside developments (has worked on the civil engineering and development of more than 40,000 acres of hillside properties), preparation of due diligence and project feasibility analysis, through conceptual planning and design to entitlement and construction.

Following is a partial listing of projects representative of Mr. Ragland’s diversified experience:

General Civil Engineering Projects:
• A number of projects in Los Angeles County, San Bernardino County and San Diego County, including roadway, drainage, water, sewer improvements. • Parkway Business Centre: Design and construction of the 460 Acre industrial park including South Poway Parkway for ADI Properties, Inc. Also served as Assessment Engineer for Communities Facilities District. • Campus Parkway Roadway: Design of a new roadway for a length of approximately 2 miles, and included street, medians, landscape, lighting, traffic signals, water, sewer, storm drain and various other utilities. • CalState University Main Access Road: Design of a new roadway for a length of approximately 1.5 miles, and include street, medians, landscape, lighting, traffic signals, water, sewer, storm drain and various other utilities. • Cannon Roadway and Sewer: Design of approximately 2 miles of roadway and 36 inch sewer pipe and pump station. This project required careful consideration to pipe buckling due to the extreme soils conditions of the Agua Hedionda Lagoon. Special bedding techniques were used along with special coupling of the pipes to allow for potential deflection as the bridge abutment and road fill settled.
• Lopez Canyon Roadway and Sewer: Design and construction of over 5 miles of roadway sewer ranging up to 36 inches in diameter.
• Sorrento Valley Boulevard: Design and construction of 4 miles of roadway.

Drainage and Sewer Projects:
• Northpark Boulevard Sewer Extension: Half mile gravity sewer main extension for University Park Subdivision in the City of San Bernardino. Project required special structural designs and encroachment permitting for crossing 100’ aqueduct right-of-way.
• University Park Storm Drain Design: Design of storm drain system with pipes ranging in size from 18 to 60 inches and trapezoidal channel design for 4500 cfs. • Eagle Bice, Muscupiabe Land Area Infrastructure Master Plan (Devore area in San Bernardino) Drainage, Sewer and Water Master Plan: Approximately 500 acre area for future 1,100 unit master planned community. The project also included a full infrastructure (roadways, storm drain, water, sewer, parks, and utilities) needs and assessment and cost analysis for this future development. • San Elijo Ranch Drainage, Sewer and Water Master Plan, San Marcos: 2,000 acre / 3500 unit master planned community. The project included literally miles of storm drain, sewer and water lines, sedimentation areas, pump stations, booster stations, water reservoirs and force mains. Cannon Road Trunk Sewer and Pump Station - Design of 8-12 inch gravity sewer, 6 and 8 inch force main, pump station and wet well. City of Carlsbad
• Penasquitos Canyon Trunk Sewer: PS&E for two miles 36-inch gravity sewer including design study reports. City of San Diego
• Ranch Santa Fe Road: Relocation and rehabilitation of 1.5 miles of sewer main.

Packet Pg. 1214

3. Key Personnel 3.13
Proposal
Land Development and NPDES Program Management Services
Development.
o Master Planned
Communities.
o Residential
Development.
o Educational/University
Infrastructure Master
Plan Studies and
Development.
• Extensive experience in
working with Caltrans and
County of Los Angeles.
• Extensive experience in
NPDES requirements.
• Extensive experience in
the management and
administration of federally
and state funded projects
in compliance with
Caltrans Local Assistance
Procedures Manual
(LAPM).
• Estimated valuation of
projects that Mr. Ragland
has been involved is
approximately
$1,000,000,000.

City of San Marcos
• Arrowhead Springs Drainage, Sewer and Water Master Plan: 4,000-acre site at the foothills of San Bernardino Mountains, and includes 1,500 to 2,000 residential units, 1,000,000 square feet of commercial and office space, 199-acre/18-hole public golf course, renovation and reuse of the historic Arrowhead Springs Hotel with a new 115 room annex, new 300-room hotel, a conference center, 14-acre corporate office area.
• Otay River hydrology study and dam breach analysis: 22,000 acre Otay Ranch project in Chula Vista. Flows up to 33,000 cfs were studied for the Otay River.

Water Projects:
• City of San Diego, Green Valley Water line design and construction. 5000 feet, 30” Reinforced concrete water line and pressure reducing station and details for connection to a 60-inch San Diego County Water Authority Pipeline. • City of San Diego, Structural arch and encasement designs for road crossings over various SDCWA pipelines up to 108 inches in diameter. • City of San Diego, Design and construction of Mercy Road pressure booster. • City of San Bernardino, Design of 3500 feet of 20 to 36 inch ductile iron water transmission main for the development of University Park. • City of San Bernardino, Design of over 10,000 feet of 8 thru 12 inch DIP water main for water distribution.
• City of San Bernardino, Structural arch design for road crossing over the Dept of Water Resources 109-inch Santa Ana pipeline.
• City of San Marcos Structural arch and encasement designs for road crossings over various SDCWA pipelines up to 108 inches in diameter. • Design of 30-inch CMLC steel water transmission main and pressure reducing stations. Included structural designs for hanging the waterline on a bridge. • City of Carlsbad, Design of many thousands of feet of PVC and DIP water lines for multiple subdivisions in the City with Carlsbad Municipal Water District and the Olivenhain Water District.

Master Plans:
• San Elijo Hills Specific Plan. Provided planning, engineering, surveying services for the design and development of the 2,000 acre 3,500 dwelling unit Specific Plan and Master Tentative Map.
• Shandin Hills Specific Plan. Provided planning engineering services for the preparation of the Specific Plan and Tentative Map. The project is a proposed 240 acre 1049 dwelling unit community.
• Arrowhead Springs Specific Plan (including annexation into the City): 4,000-acre site, which includes 1,500 to 2,000 residential units, 1,000,000 square feet of commercial and office space, 199-acre/18-hole public golf course, renovation and reuse of the historic Arrowhead Springs Hotel with a new 115 room annex, new 300-room hotel, a conference center, 14-acre corporate office area. • Eagle Bice, Muscupiabe Land Area Infrastructure Master Plan Drainage, Sewer and Water Master Plan: Approximately 500 acre area for future 1,100 unit master planned community. The project also included a full infrastructure (roadways, storm drain, water, sewer, parks, and utilities) needs and assessment and cost analysis for this future development.
• University Development Master Plan: Approximately 200 acre site in association with the City of San Bernardino, Watson Development and Cal-State SB for the development of 200 residential, mixed use, live-work, retail, office and student housing, educational and training facilities and offices for Cal State SB University.

Packet Pg. 1215

3. Key Personnel 3.14
Proposal
Land Development and NPDES Program Management Services
AYLA JEFFERSON, CBO, CSP ICC Certified Building Official, Plans Examiner, Inspector, Sr. Level Technical Support Staff

EDUCATION
• Rio Honda College, CE
• Bosphorous Univ, Turkey
• Athanee Royal, Belgium

CERTIFICATIONS
• ICC Certifications:

Building Code Official,
Certified Building Official,
Certified Sustainability
Professional,
Accessibility Inspector,
Accessibility Plans
Examiner,
Building Plans Examiner,
California Building Plans
Examiner,
CalGreen Plans Examiner
and Inspector,
Building Inspector CBC,
Building Inspector UBC,
Plumbing Inspector UPC,
California Commercial
Plumbing Inspector,
Residential Mechanical
Inspector,
California Residential
Mechanical Inspector,
Permit Technician
• IAPMO Certifications:

Plumbing Inspector
Mechanical Inspector
• CalOES Certifications:

SAP Evaluator
Ms. Jefferson has over 25 years of experience in private and governmental sector.

She has extensive experience in managing building and safety departments of different municipalities under Transtech contracts. Ms. Jefferson holds over 15 International Code Council issued professional certifications including Certified Building Code Official and 2 IAPMO certifications.

She has served as Building Official, Deputy Building Official, Plan Checker, Code Enforcement Official, Community Improvement Coordinator, Planning Technician, and Inspector for various municipalities. As Building Official, she provides necessary code interpretations, and coordinates with agency staff and departments, and applicants on building and safety related issues. She handles building and zoning code violations as well as working in coordination with the City Prosecutor to abate violations. She also provides over the counter plan check as Deputy Building Official/Plans Examiner. She has broad knowledge of municipal government operations, including preparation and presentation of staff reports and resolutions to city councils, committees and related interaction with members of the public, other city departments and other governmental agencies. She has extensive experience in construction codes, building and safety plan review and inspection, code interpretations, and resolving code related construction and plan review problems on a broad range of projects.

She also coordinates code adoptions for Transtech contract cities. She is involved on various ICC boards, and has served and/or currently serving on a number of ICC Councils, Committees and Boards, locally and nationally. She also served on Calbo Green Committee on State level. She was also appointed as the first national Chair to the ICC Sustainability Membership Council. Ms. Jefferson is responsible for the management of Transtech’s Building and Safety Department, and coordination with Transtech’s municipal clients. With her analytical and strategic management skills, she provides strong leadership, develops and collaborates with primary contacts to protect and to enhance Transtech’s position in specific proceedings; she facilitates and maintains close, long-term working relationships with municipalities in the building and safety realm.

HIGHLIGHTS
She served as Chair and Vice Chair on ICC Sustainability Membership Council (2011- 2019) ; Served Calbo State Licensing Boards Committee (2019-2022); Served Calbo Community & Outreach Committee (2018) ; Served ICC/Calbo California Codes Exam Committee; Served on ICC Codes & Standards Council; Served Calbo Green Committee; Chaired ICC Los Angeles Basin Chapter Inspection Committee

EXPERIENCE IN LARGE COMPLEX PROJECTS (PARTIAL LIST) IN WHICH BUILDING OFFICIAL OVERSIGHT WAS PROVIDED:
• Temple City Camellia Square (Project Value: $15M): Transtech provided full plan review as well as inspection services, the project included a shopping center with an underground garage and 4 total buildings as follows: a one-story 6,600 SF building; a two-story 25,700 SF building, a two-story 4,500 SF building; and, a two-story 43,400 SF building. This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project.
• Linden Walk Residential Development (Project Value: $18.5M): Transtech provided full plan review as well as inspection services for this development which included 74 Single Family Dwellings. This project is located in Temple City.

Packet Pg. 1216

3. Key Personnel 3.15
Proposal
Land Development and NPDES Program Management Services
This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project. • Blossom Walk Residential Development (Project Value: $5.7M): Transtech provided full plan review as well as inspection services of for this development which includes 24-unit condominiums and 4 single family homes. This project is located in Temple City. This also included Transtech also provided Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project.
• Pacific Plaza (Project Value: $30.3M): Located at 11 S 3rd St (condo) and 300 W Main St (retail). Transtech provided full plan review as well as inspection services of for this development which includes 120 condo units and retail space below.

This project is located in Alhambra. This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project.
• The Alhambra (Project Value: $57.8M): Located at 88 S Garfield Avenue, 2 S Garfield Avenue, 100 & 150 E Main St. Transtech provided full plan review as well as inspection services of for this development which includes 260 apartment units, 4-story parking garage, 72,000 sq ft 2-story retail building, 16,730 sq ft 1- story retail building, and 23,000 sq ft 1-story retail building. This project is located in Alhambra. This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project.
• Midwick Collection (Project Value: $13M): Located at 2400 S Fremont Avenue.

Transtech provided full plan review as well as inspection services of for this development which includes 36 single family dwellings and 28 townhomes. This project is located in Alhambra. This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project.
• Casita de Zen (Project Value: $21M): Located at 28 N 3rd St (condo) and 235 W Main St (retail). Transtech provided full plan review as well as inspection services of for this development which includes mixed use project with 92 condos on top, and retail on bottom. This project is located in Alhambra. This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project. • Main Street Collection (Project Value: $23M): Located at 410 W Main Street.

Transtech provided full plan review as well as inspection services of for this development which includes 4-story mixed-use project with 8,200 s ft retail space, 52 condos, 9 live/work units, 19 townhomes, and 6 shopkeeper units. This project is located in Alhambra. This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project.
• City of Alhambra, Civic Center Library Project ($25M): Transtech provided plan check, inspection, construction management and owner representative services, the project included construction of a 45,000 SF Library with an underground parking garage.
• 820 Mission Development LLC (Project Value: $10M): Located at 820 Mission St.

Transtech provided full plan review as well as inspection services of for this development which includes construction of new office building with one residential unit above, new 15 unit townhome cluster with office fronting Mission Street with one-level subterranean parking, convert existing 3-story industrial building into 9 residential units, construct 13 townhome units. This project is Packet Pg. 1217

3. Key Personnel 3.16
Proposal
Land Development and NPDES Program Management Services
located in South Pasadena.
• Alta Med Medical Group (Project Value: $4M): Located at 1900 E Slauson Ave.

Transtech provided full plan review as well as inspection services of for this development which includes a new mixed-use building of office space and an adult day care with new on grade parking. This project is located in Huntington Park. This also included review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project.

AS PART OF THE ROLES AND RESPONSIBILITIES OF A BUILDING OFFICIAL, BELOW IS

PARTIAL LIST OF DUTIES AS IT RELATES TO THE ROLE OF CHIEF BUILDING OFFICIAL POSITION:
• Manage multiple Building and Safety Departments and staff and provide any other services as may be necessary for administration and enforcement of the California Building Code and related codes, and applicable provisions of the City’s Municipal Code.
• Represent City’s as its building official while interfacing with the public and other agencies.
• Respond quickly in the event of a local, regional, or national emergency or disaster, as building official.
• Read, interpret and analyze plans for major structures. • Visit construction sites and conduct building code inspections when needed as well as conduct job-site evaluations of construction projects for the purpose of monitoring/enforcing compliance with approved plans and code requirements.
• Oversee and participate in the management of a comprehensive building department processes.
• Oversee, direct, and coordinate the work of building staff. • Participate in the development and administration of the division goals, objectives, and procedures.
• Prepare clear and concise administrative and financial reports as it related to the building department.
• Work with professional architects, engineers, builders, and the general public with a customer service approach.
• Formulate and apply uniform policies and standards for the building inspection programs; formulate, interpret and explain specific building codes, ordinances and administrative orders.
• Research regulations, procedures and/or technical materials relating to building codes and enforcement.
• Represent the City before other agencies and groups on building inspection and enforcement matters.
• Make effective presentations before large and small groups of people. • Coordinate division services with other programs and services within the County and with outside organizations, and agencies.
• Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals. • Research, analyze, and evaluate new service delivery methods and techniques.
• Interpret and apply federal, state, and local policies, laws, and regulations. • Communicate clearly and concisely, both orally and in writing.

Packet Pg. 1218

3. Key Personnel 3.17
Proposal
Land Development and NPDES Program Management Services
ZIAD Y. MAZBOUDI, PE, QSD, QSP, CPSWQ, CPESC, LEED AP, D.WRE, Sr. Engineer, Sr. Level Technical Support Staff Education
• BS Civil Engineering
• MBA
Registration
• Registered Civil Engineer
• Certified Professional in
Erosion & Sediment
Control (#4174). CASQA
QSD and QSP, July 2010
• Certified Professional in
Stormwater Quality
(#232)
• Trainer of Record for QSD
and QSP, California
Construction General
Permit, CASQA, July 2010
• USGBC LEED Accredited
Professional (AP), May
2009
• GIS, and Programming
for GIS Certificates:

California State
Polytechnic University
Pomona, 2000
• California Emergency
Management Agency,
CalEMA, Disaster Safety
Assessment Program,
SAP, Volunteer
#SAP62639. Certified OES
SAP Coordinator,2008.

Certified CalEMA Trainer
for SAP
• OSHA Hazardous Waste
Operations and
Emergency Response
(HAZWOPER, 29 CFR
1910.120)
• OSHA Confined Space
Entry (29 CFR 1910.146).

Certified OSHA
Supervisor’s Health and
Safety training
Mr. Mazboudi has 34 years of progressively responsible, diversified experience in public works, engineering, utilities, development engineering, facilities maintenance, sustainability, environmental programs and project management in both the public and private sector, supported by a strong educational background in civil engineering, geographic information systems, water quality/urban runoff, business administration and environmental programs.

At Transtech, Mr. Mazboudi has been working as a Sr. Engineer at various Transtech Contact Cities. He has served at various Cities under Transtech’s City Engineering Contracts, including South El Monte, Maywood, and Commerce, and managed Engineering staff and CIP Programs.

Mr. Mazboudi has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies.

Mr. Mazboudi’s responsibilities included:
• Planned, coordinated, and directed the activities of the Engineering Division; Public Works
• Supervised the preparation of designs, specifications, plans, estimates and reports involved in the construction of public works engineering projects, such as storm drains, sewer systems, and water facilities;
• Reviewed and approved engineering plans, specification and contract documents;
• Analyzed bids and supervises the preparation of contracts; • Provided technical assistance and consults with other departments, agencies, commission, and other bodies on engineering matters;
• Prepared reports for the various governing bodies;
• Represented City Engineering Division to other City departments, elected officials and outside agencies;
• Managed and participated in the development and administration of the Public Works Department and Engineering Division budget and CIP budget; participated in the preparation of and implement budgetary adjustments; • Coordinated Engineering Division activities with those of other departments and outside agencies and organizations;
• Presented staff reports at City Council and Commissions Meetings. • Supervised and evaluated subordinate staff;
• Responded to citizen inquiries and resolve difficult and sensitive complaints; Mr. Mazboudi’s prior experience includes:

City of San Clemente - Public Works Department
Deputy Public Works Director/Engineering
Manage the Engineering division of the Public Works department, including Development Engineering and encroachment permit section, traffic and transportation section, street and CIP section, CMMS and GIS section.

Responsible for the preparation of the City's CIP budget including utilities (water, sewer and drainage), facilities, parks and recreation, street pavement and maintenance, traffic signals. In addition, he was responsible for the preparation of the Engineering Division's operation budget and assisted the Public Works Director in the preparation of the department's operational budget and annual strategies. Manage the City's emergency planning and disaster preparedness and responsible for all EOC operation. Manage the City's traffic division including oversight and approval and recommendation to the City Council of all traffic calming requests and striping modifications, traffic signal projects, Packet Pg. 1219

3. Key Personnel 3.18
Proposal
Land Development and NPDES Program Management Services
• Cross Connection Control
Specialist and Backflow
prevention Devices
testing and maintenance
training
• FEMA Floodplain
Manager Certification,
1999, Community Rating
System Certificate, CRS,
Aug 2010
• Fellow Member ASCE
• Diplomate in Water
Resources Engineering
from the American
Academy of Water
Resources
Highlights
• 34 years of past
experience in City Public
Works
• Deputy Public Works
Director/ Engineering, City
of San Clemente Public
Works
• Engineering Services
Manager, City of Laguna
Niguel Public Works
• Senior Civil Engineer,
Environmental Division
Manager, Public
Works/Utilities Department,
City of San Juan
Capistrano
• Associate Civil
Engineer/Development
Engineer, City of
Westminster
• Assistant Civil Engineer/
CIP, City of La Habra
synchronization and bike lane projects. Ensure compliance with all environmental requirements including CEQA/NEPA, NPDES (Stormwater requirements), solid waste and recycling, air quality, floodplain and grants as it relates to CIPs and developments and coordinates with the Utilities department incorporation of Water Quality Management Plans, WQMPs in new developments and inspections. Prepared and acted as project manager on all pavement projects including slurry seals, overlays and reconstruction.

City of Laguna Niguel - Public Works Department
Engineering Services Manager
Plan, direct, manage and oversee the day-to-day operation and activities of the Public Works and Engineering Department, including capital project improvements, traffic and transportation, sustainability and environmental programs, maintenance of facilities, parks, open space and public right of way.

Coordinate assigned activities with other City departments and outside agencies. Provide technical and professional assistance to the Public Works Director and act as Director of Public Works and Engineering in his absence.

Oversee, review and accept final engineering plans and specifications for public works, private developments, and permits. Select, train, motivate and evaluate department personnel; coordinate staff training; work with employees to correct deficiencies; implement disciplinary procedures. Manage and participate in the development and administration of the department operating and capital improvement budgets. Managed the City’s Environmental division including the stormwater quality program, solid waste/recycling, and wetlands maintenance. Managed the design and construction of the City’s community center building and community pool and site improvements and the construction of bridge and wetland at Crown Valley Park. Managed the construction of the City’s pickle ball courts.

Atkins Global Consulting (www.atkinsglobal.com)
Assigned under Atkins Contract as Director/Vice Secretary General, Economic Cities Authority, Saudi Arabia
Responsible for planning, organizing, directing and coordinating all Planning and Oversight (P&O) Division activities to fulfill the Economic Cities Authority (ECA) obligations for Economic Cities (EC) program development under ECA Board of Director strategies. Provided leadership for the development and maintenance of a high-performance division team. Division included Enterprise Portfolio Management Office, Inspection and code compliance, Urban Planning, Real Estate and Municipal Affairs. Delivered the EC Development Program. Supervised project execution; and ensured the EC development program and projects were delivered to the terms of the ECA and Master Developer contract in compliance with standards of quality, safety, and performance expectations. Reviewed processes and approved efficient operations of the division. Negotiated with master developers on various activities and resolved high level issues. Negotiated with EMAAR, KAEC master developer.

City of San Juan Capistrano - Public Works/Utilities Department Senior Civil Engineer/Environmental Division Manager
Managed the following programs:
• Stormwater/watershed and National Pollution Discharge Elimination System (NPDES)
• Sanitary sewer, Fat, Oil and Grease (FOG) program, and California State Waste Discharge Requirements compliance.
• Solid waste and recycling. Oversaw the City’s solid waste franchise agreement.
• Used oil and household hazardous waste programs
• Green Building, sustainability and air quality. Wrote environmental articles Packet Pg. 1220

3. Key Personnel 3.19
Proposal
Land Development and NPDES Program Management Services
bi-weekly in local newspapers.
• Provided regular presentations on sustainability and environmental programs to local businesses, chamber of commerce, Rotary Club and other local groups. Worked with local businesses to audit and identify opportunities to green the businesses including increase recycling efforts, energy and water conservation.
• Floodplain Management, Community Rating System (CRS) and National Flood Insurance Program for compliance with FEMA regulations. • South Orange County Wastewater Authority, (SOCWA) coordination.

Represented the City at SOCWA’s Engineering and Technical Advisory Committees.
• Member of the South Orange County Joint Regional Water Supply System Team.
• Oversee the City’s air quality regulations and all SC AQMD permits • Developed the City’s sustainability charter, solar incentive program and green procurement policy.
• Managed the City’s energy conservation program and the development of the City’s energy masterplan.
• Supervised the Public Works Permit Processing division, encroachment and transportation permits.
• Department safety officer. Developed the City’s Illness and Injury Prevention Plan, IIPP, and a member of the City’s Safety Committee. Member of the City’s EOC team, positions held are Alternate Operations Chief, Utilities liaison and represent the City on the Water Emergency Response of Orange County.

City of Westminster- Public Works Department
Associate Civil Engineer/Development Engineer
Responsible for the review and approval of all developments in the City, including encroachment in the Public Right of Way and issuance of encroachment and transportation permits. Developed and Implemented the City’s GIS system.

City of La Habra - Public Works Department
Assistant Civil Engineer/Capital Improvement Projects
Responsible for developing the City’s 7 Year CIP budget and designing, bidding, construction and project management of the City’s CIP, including paving, sidewalks, water, sewer and storm drain. Issued encroachment and transportation permits and reviewed and provided comments on private developments.

Consulting Services - Various private firms, CA
Project Manager
Managed from bidding through construction grading, paving and concrete work projects. Managed the construction of a 240 townhome construction project. Managed the construction of a flood control channel in Camarillo.

Managed the construction various facilities including Azusa Pacific University Performing Art Center, Life Pacific University in San Dimas, Lereta campus in Pomona and others.

Special International Projects:

US Green Building Council (www.usgbc.org)
Egyptian Green Building Council (EGBC)
February 2009
Represented the US Green Building Council, to assist in the formation and establishment of the EGBC. Provided lectures on the role of government in Packet Pg. 1221

3. Key Personnel 3.20
Proposal
Land Development and NPDES Program Management Services
Green Building and on the US Green Building Program, LEED.

USAID International Development Agency (www.usaid.gov)
In partnership with USAID and ICMA Kingdom of Jordan Commercial/Industrial Environmental Audit
Sep 2009
In partnership with USAID and ICMA, developed a training manual for the audit of commercial and industrial facilities in Jordan. Provided training and lectures to Environmental Ministry staff and local municipalities representatives.

Performed audits in Jordan and provided recommendations to the Minister of the Environment and the Minister of Local Government.

Academic Position:

Adjunct Professor: Goldenwest College, Huntington Beach, CA, October 2012- May 2013 Lectured on and taught Sustainability and Zero Waste for Communities. The course was part of the College Resource Management Program and encouraged the development of students work for cities with an understanding of green and sustainable programs.

Professional Affiliations:
• County of Orange Stormwater Program, General Permittee Committee Chair:
2004, 2005, 2009-2014
• County of Orange Stormwater Program, Public Education Committee Chair:
2003, 2004, 2005
• County of Orange Stormwater Program Trash and Debris Task Force 2005- 2008, Chair 2009-2014
• Chair of the San Juan Creek Watershed Committee 2005- 2011-2014 • Chair of the South Orange County Team Arundo Committee, 2005-2014 • Chair of the San Juan Capistrano’s Committee on Sustainability and the Environment 2006-2014
• Member of the American Society of Civil Engineers (ASCE) o Secretary of the LA Section 2016-18
o Orange County Past President, 2011-12
o OC Branch President 2010-11
o Vice-President, 09-10
o Treasurer, 2008-09.
o Secretary, 2007-08
o Branch newsletter editor, 2007-2008
o OC Legislative Committee Chair 2006-2007
o Member of the Sustainability Committee 2009-10
o National ASCE Committee on Critical Infrastructure (2011-14) • ASCE Fellow
• Diplomate in Water Resources Engineering, D.WRE by the American Academy of WRE
• California ASCE Disaster Preparedness and Response/Safety Assessment Program Chair,2021, 2009-11, Member of the Cal EMA DSW Committee • Member of the American Public Works Association (APWA), Member of the National Solid Waste Management Committee, 2006- 2011. Member of APWA National Disaster Preparedness Committee 2013-14
• Member of Orange County Chapter, US Green Building Council, USGBC Advocacy Committee 2006-2010
• Represented ASCE on the Presidential Policy Directive on Critical Infrastructure Security and Resilience.

Awards:
• 2019 ASCE OC Outstanding Civil Engineer in the Public Sector Award. • 2012 South Coast Air Quality Management District “Model Community Packet Pg. 1222

3. Key Personnel 3.21
Proposal
Land Development and NPDES Program Management Services
Achievement Clean Air” Award
• 2012 ASCE California “Outstanding Branch Officer” Award. Received grade of FELLOW in ASCE
• 2011 ASCE “Citizen Engineer”, 2010 ASCE California “Outstanding Civil Engineer in Community Service”
• 2009 ASCE OC Sustainability project of the Year award. 2008 APWA project of the Year Award.
• 2007 APWA Southern California “NPDES Public education program of the Year Award”
• 2005 ASCE “Government Engineer of Merit Award”, nominated “Government Engineer of the Year Award”
• 2005 Orange County Engineering Council “Outstanding Environmental Engineering Merit Award”
• 2000 City of Westminster “Public Servant of the Year Award” for dedication and excellence
Articles, Publications And Speaking Arrangements:
• Solid waste articles in the APWA Reporter, 2007, 2008, 2009, 2010. ASCE newsletter, 2006-2010
• Co-Author of The Solid Waste Manager’s Reference guidebook, published by APWA 2009.
• Speaker at USGBC conference, “Greening the Orange” 2008, ASCE Speakers series, “Green Civil Engineers ”2008, APWA International Congress, “Zero in on Zero Waste” 2007, Zero Waste Conference 2006
• Speaker at Headwaters Ocean Conference 2013, “Infrastructure Controls in Orange County”.

Packet Pg. 1223

3. Key Personnel 3.22
Proposal
Land Development and NPDES Program Management Services
MOHAMMAD MOSTAHKAMI, PE, Sr. Engineer, Sr. Level Technical Support Staff Education
• MS and BS Civil
Engineering
Registration
• Registered Civil Engineer
Highlights
• 35 years of past
experience in City
Engineering
• Was Active member of
Metro Technical Advisory
Committee, Gateway
Cities Council of
Government
Transportation Committee,
I-710 Major Corridor
Technical Advisory
Committee and Gateway
Water Management
Authorities
• Extensive experience in
management of Federal,
State, Metro and other gran
funded Public Works and Pa
projects
• Extensive experience in
preparation of 5 year CIP
and annual operating
budget and
administration
• Extensive experience in
management and
administration of traffic
control system, traffic
signal synchronization,
traffic calming and traffic
safety enhancement
• NPDES and TMDL
Compliance activities
Mr. Mostahkami has over 35 years of experience and has worked for various Public Agencies as Public Works Director, City Engineer, Project Engineer, Plan Checker, Designer, including for the Cities of
• Downey, Public Works Director
• South Gate, Sr. Engineer, City Engineer, Public Works Director • Arcadia, Civil Engineer
He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies.

City of Downey, CA
Director of Public Works 2014 - 2018
Provided oversight, support and direction of the operation of the Public Works involving engineering, construction, operation and maintenance of water production and distribution, maintenance of sewer lines and storm drains, administration of street sweeping activities and management of solid waste disposal, and weed abatement, the operations of street maintenance, equipment maintenance and facilities upkeep, the operation of the Engineering Division including Traffic Engineering, Office Engineering and Capital Improvements, beverage and oil recycling program, directed the compilation of reports, technical studies and research activities. Prepared the Departmental Annual Budget, review maintenance schedules and methods of performance, directed training activities; promoted safety programs and safe work practices, advised on personnel recruitment and reviewed performance evaluations, , participated in a public Works and other internal and external Committees, Commissions meetings as necessary, conferred with developers, businesses and residents on respective matters, developed short and long range department goals and objectives, policies and procedures, oversaw compliance of City’s NPDES and TMDL compliance regulations , oversaw development and implementation of public improvements associated with developments, participated in various community functions , secured grants from Federal, State, Metro, etc., performed other related duties as assigned,.

City of South Gate, CA
Director of Public Works/ City Engineer 2010 - 2014
Provided oversight, support and direction of the operation of the Public Works involving engineering, construction, operation and maintenance of water production and distribution, maintenance of sewer lines and storm drains, administration of street sweeping activities and management of solid waste disposal, and weed abatement, the operations of street maintenance, equipment maintenance and facilities upkeep, the operation of the Engineering Division including Traffic Engineering, Office Engineering and Capital Improvements, beverage and oil recycling program, directed the compilation of reports, technical studies and research activities. Prepared the Departmental Budget, reviewed maintenance schedules and methods of performance, directed training activities; promoted safety programs and safe work practices, advised on personnel recruitment and reviewed performance evaluations, performed other related duties as assigned, participated in various community functions and outside Committees, secured grants from Federal, State, Metro, etc.

City of South Gate, CA
City Engineer 2002 – August 2010
Responsible for day to day operation of the engineering division including planning, directing, organizing, coordinating, supervising, and reviewing the functions, programs and projects of the engineering divisions; assisted in the General Plan Packet Pg. 1224

3. Key Personnel 3.23
Proposal
Land Development and NPDES Program Management Services
experience
• Secured over $60 million in
SR2S, HSIP, Measure R and
M Metro Early Action Call
for project, AQMD and
other grant funds.

Circulation Element update, prepared RFQ, RFP and Consultant Agreements, selected, supervised and evaluated consulting services, reviewed subdivision and land developments, addressed citizen complaints and inquiries, coordinated public works activities with other City departments and outside agencies, involved in right of way acquisition for a major intersection widening project, completed CIP projects including but not limited to: streets, sewers lighting, water main replacement and upgrade, wells and reservoirs, drainage system, traffic signal ,etc. participated in various community functions and outside committees, secured Federal , State , and County grants, assumed functions of Director of Public Works during his absence, etc.

City of South Gate, CA
Assistant City Engineer 2001 -2002
Responsible for planning, directing, organizing and supervising civil engineering work, implementation of CIP projects, preparation of operating budget and CIP, preparation of RFQ, RFP, agreement, resolution, ordinance, agenda reports and recommendations for City Council, securing Federal, State , Metro,… grants; responding to citizen inquiries and concerns, promoting staff development and motivation, review of major development EIR and other CEQA documents, coordinating public works activities with other City departments and outside agencies, participating in selection and training of division personnel, etc.

City of South Gate, CA
Senior Civil Engineer 1997-2001
Under general direction of the Director of Public Works reviewed and supervised preparation of engineering plans and specifications for construction of public works projects, managed and administered construction contracts, supervised and participated in development of plans, specifications, estimates and work orders for public works construction projects, supervised work of subordinate engineering personnel, prepared reports and recommendations as appropriate, prepared RFQ, RFP and Agreement for Federal and State funded project consultants and prepared public works conditions of approval for multiple residential, commercial and industrial developments.

City of Arcadia, CA
Assistant City Engineer 1994- 1997
Responsible for : planning, directing, organizing and supervising civil engineering work, NPDES compliance activities, preparation of Pavement Management System, Sewer and Drainage Master Plan, overseeing design and construction inspection of CIP projects, traffic engineering , preparing conditions of approval for development, reviewing tract and parcel maps and development plans, securing and administering various grants, preparing CIP and annual budget, selecting and training of division personnel, preparing agenda reports,… City of Arcadia, CA
Senior Civil Engineer 1991 - 1994
Under general direction of the City Engineer and Director of Public Works managed the Engineering Division. Coordinated work with other departments, public and private agencies and consultants. Performed office and field engineering work, prepared special studies and reports for City Council, oversaw capital improvement program and acted as Assistant City Engineer.

City of Arcadia, CA
Associate Civil Engineer 1989 - 1991
Coordinated engineering work with other departments, public and private agencies and consultants, performed complex professional and technical office and field engineering work, evaluated, developed and implemented various engineering and department procedures, etc.

Packet Pg. 1225

3. Key Personnel 3.24
Proposal
Land Development and NPDES Program Management Services
City of Arcadia, CA
Assistant Civil Engineer 1985 - 1989
Performed professional engineering work in connection with a wide variety of civil engineering projects, prepared plans, specifications and administered various public works projects, reviewed projects to determine scope and preliminary project costs, prepared plans to provide project concept and criteria for field inspection and final estimates, prepared design plans and specifications, contract documents, estimates and reports for streets, sewers and storm drains and performed hydraulic studies for sump pumps and drainage areas.

Packet Pg. 1226

3. Key Personnel 3.25
Proposal
Land Development and NPDES Program Management Services
KAREN VIGIL, PTP, EIT, Associate Engineer, Office Engineer Support Staff Education
• BS, Civil Engineering, Cal
Poly Pomona 2013
Registration
• Professional
Transportation Planner
(PTP)
• Road Safety Professional
(RSP)
Highlights
• Serves as a Traffic
Analysts and Associate
Engineer for several
Traffic Authorities and
Traffic Commissions.
• Serves as assistant to City
Engineer/Public Works
Director preparing
budgeting, contract
management, staff
report writing, and misc.
items.
• Bilingual in both written
and spoken Spanish
• Extensive experience in
diagram and conceptual
preparation for design.
• Secured over $15M in
federal and state grant
funds for various
agencies
• Completed Caltrans
Resident Engineer
Academy, very familiar
with the management
and administration of
federally funded projects
in compliance with
Caltrans Local Assistance
Procedures Manual
(LAPM).

Ms. Vigil has over 5 years of experience. He has been providing support services on various projects and various Cities under Transtech’s Municipal Engineering Contracts as associate/office engineer. She also coordinates public works encroachment permits, and inspections at the engineering departments at various cities.

She has worked in the Public Works Department and Building and Safety Department and assists in the preparation of staff reports, contract administration, RFP preparation, bid analysis, budgeting, traffic safety and calming studies, stop and signal warrants/studies, traffic impact studies, traffic calming reports, parking studies, and responding to requests from Public and City Officials. She also prepares grant applications for transportation related projects including detailed figures, diagrams, and exhibits.

Ms. Vigil completed Caltrans Resident Engineer Academy, very familiar with the management and administration of federally and state funded projects in compliance with Caltrans Local Assistance Procedures Manual (LAPM).

Examples of her project experience includes:

City of Commerce (City of Commerce is a Contract City. Transtech serves as City’s Contract Engineering and Building and Safety Department. Transtech staff members serve as City Engineer, City Traffic Engineer, Building Official, CIP Manager, Plan Checker, Inspector).

Staff Augmentation, Capital Projects Management Support, Technical and Administrative Support to City Engineer, Public Works Permits Review and Processing, Coordination with Developers and City Departments for the review and processing of Development Projects Applications and Submittals.

Public Works Department Experience: As part of Transtech’s Municipal Services, Ms.

Vigil worked for one year in the City of Rosemead as assistant to the Public Works Director/City Engineer. Her tasks included the following:
• Prepare Staff Reports and Presentations for Council Meetings, Commission Meetings, and Ad-Hoc Committees
• Prepare Requests for Qualifications and Proposals (RFQ’s and RFP’s) to hire consultants and outside contractors to perform services for City projects. • Analyze submitted proposals and bids
• Prepare staff reports for City Council meetings.
• Prepare staff reports for Traffic Commission items.
• Participate in City Council and Traffic Commission Meetings. • Participate in the processing of plans for private developments affecting city streets, sewers, drains, and related public works facilities and ensure that they all meet City imposed requirements. Coordinate with other departments such as Planning and Building Department for Plan Checks
• Respond to inquiries and requests for information from the general public, contractors, and other agencies.
• Prepare memos, letters, and field reports in the course of performing work. • Attend and participate in meetings and conferences with City boards and commissions, City departments, public officials, professional organizations and contractors regarding requirements for public works projects, land development/subdivision projects and other matters relating to areas of assigned responsibilities.
• Prepare a variety of reports, correspondence and special studies.

Experience in Traffic and Transportation Engineering: As part of Transtech’s Municipal Services Contracts, Ms. Vigil also assists in the preparation of traffic safety Packet Pg. 1227

3. Key Personnel 3.26
Proposal
Land Development and NPDES Program Management Services
• Cal OSHA 10 hour
Construction Certified
and calming studies, stop and signal warrants/studies, traffic impact studies, calming reports, responding to requests from Public and City Officials. She also attends Traffic Commission meetings and assists in presentations of reports. (Cities she was involved include: Temple City, South El Monte, Alhambra, Rosemead, West Covina, Commerce, Monterey Park, Cudahy, San Marino)
Experience in Grant Writing: Ms. Vigil also assist in the preparation of grant applications for transportation projects, awarded grants she worked on include:
• City of Monterey Park: 2018 ATP-4, Citywide School and xwalk Safety Improvements Project, $1,367,000
• City of Monterey Park: 2018 HSIP Cycle 9, Signal Safety Enhancement Project, $540,000
• City of Alhambra: HSIP Cycle 9, Ped Safety Improvements at Signalized Intersections, $600,000
• City of South El Monte: 2018 HSIP-9, Signal Safety Enhancement Project, $876,000 • City of Commerce: 2018-19 Rubberized Pavement Grant Program (Cal Recycle), $348,600
• City of Commerce: 2016-17 Rubberized Pavement Grant Program (Cal Recycle), $281,400
• City of Rosemead: 2015 Metro Call for Projects, Garvey Avenue Regional Access & Capacity Improvement Project, $2,315,305
• City of Rosemead: 2015 HSIP-7, Installation of HAWK system, Award Amount:
$241,300
• City of Monterey Park: 2015 Metro (MTA) Call for Projects, Monterey Pass Road Complete Streets Bike Project, Award Amount: $1,993,627 • City of Alhambra: 2013 Metro (MTA) Call for Projects, Alhambra Ped Improvement/Walking Viability Project on Valley, $323,427 • City of San Gabriel: 2015 HSIP-7, Signal Safety Enhancements Project, $569,800 • City of San Gabriel: 2016 HSIP-8, Install overhead flashing beacon, $270,200 • City of Huntington Park: 2015 ATP-3 Citywide Uncontrolled Crosswalk Pedestrian Safety Enhancement Project, $1,757,000
• City of Huntington Park: 2016(ATP-2, Uncontrolled Crosswalk SRTS Ped Safety, $1,032,000
• City of Cudahy: 2015 ATP-2, Wilcox Avenue Complete Streets and SRTS Project, $1,344,000
• City of Cudahy: 2015 Metro Call for Projects, Cudahy City Wide Complete Streets Improvement Project, $2,134,449
• City of Cudahy: 2015 HSIP-7, Salt Lake Ave Safety Project, $363,180 • City of Cudahy: 2016 ATP-3, Atlantic Ave Bicycle and Ped Enhancement Project, $1,784,000
• City of Pico Rivera: 2016 HSIP-8, Sign Improvements, $696,300 • City of Commerce: 2013 Metro Call for Projects, Commerce Goods Movement Atlantic Blvd: Washington to Como, $631,137
• City of Commerce: 2016-17 Rubberized Pavement Grant Program (Cal Recycle), $281,400
Packet Pg. 1228

3. Key Personnel 3.27
Proposal
Land Development and NPDES Program Management Services
JULIE ROBBINS, ICC Certified Permit Technician, Permit Process Technical Support Staff

EDUCATION
• B.A. in Business
Administration, Los
Angeles Harbor College
(current)
• BA in Political Science,
University of LaVerne
• Associate’s in Business
Administration;
Paralegal Education;
Political Science;
General Education;
SCACEO Code
Enforcement Courses,
Rio Hondo Community
College

ICC CERTIFICATIONS
• ICC Certified Permit
Technician

HIGHLIGHTS
• Spanish Speaker
• CACEO Certified Code
Enforcement Officer,
CCEO
• Certified Hearing Officer
• PC832 Modules I, II and
III
• Microsoft Excel,
PowerPoint, Word,
Outlook, QuickBase,
Access
• Notary Public
Mrs. Robbins has approximately 34 years of City Government and Building and Safety experience. Mrs. Robbins has been working in Transtech’s Building and Safety department in various contract cities performing various clerical and technical duties in support of Building Inspections, Plan Checkers, and the Building Official.

Some of her duties include representing the Code Enforcement, Permit Processing, and Building profession. She is highly organized, and proficient in record keeping, tracking and report writing. Mrs. Robbins is also proficient in Parking Citation Enforcement, Administrative Citations and as a Hearing Officer as well as a Municipal Building Permit Technician; and in Short Term Rental Enforcement and investigations. She can provide leaderships skills and build and maintain professional internal and external partnerships with her peers and community. She is proficient in all Building Department functions, including Permit Technician, Plan Check routing and submittal, Program Management and the following Code Enforcement programs: Medical Marijuana enforcement, Weed Abatement, Property foreclosures, and the Vehicle Abatement (AVA) Program. She is also highly skilled in field investigations, various computer programs, administrative duties and Code Enforcement tracking systems. This program is still in place today. She is currently continuing her education to obtain her bachelor’s degree, and she takes every opportunity to obtain knowledge that will make her more successful in her career and an asset to her employer, through ICC and CALBO. Prior to working for Transtech Engineers Mrs. Robbins worked for the Orange County Public Works Department.

Knowledge of Building and Safety Procedures:
• Procedures and techniques of permit processing and process for plan review and inspection.
• Building and zoning codes and ordinances enforced by the city. • Customer Service principles and practices including conflict resolution. • Processes for compiling and analyzing data for special projects. • Effectively communicate clearly and concisely, both orally and in writing. • Interpret and explain policies and regulations accurately and tactfully to the public.

Previous Experience
Management Analyst (Through HR Green California Inc.)
Some of her responsibilities included handling the day to day operation of the DPC in processing and routing plans and planning checks and permits for issuance.

During her time there, Mrs. Robbins also helped enforce the Municipal Code for various municipalities that for HRGreen California, Inc. and supervised the Program Management and Code Enforcement Officers. She has also worked for numerous California cities in which she performed administrative and parking citation hearings for appellants contesting parking citations or administrative citations issued by the cities. She has conducted research and used her expertise in enforcing the Municipal Code to ascertain where citations were being administered justifiably by the jurisdictions. Mrs. Robbins was instrumental in developing the Code Enforcement POST Certified, Education System which trains Code Enforcement Officers throughout the State of California in their job functions through CACEO (formally SCACEO). Her duties as Permit Technician and Code Enforcement officer has serviced over ten cities, two counties, and four private corporations.

Hearing Officer (Various Jurisdiction)
Perform Administrative and Parking Citation Hearings for Appellants contesting parking citations or Administrative Citations issued by the Cities. Conduct research, and use her expertise in enforcing the Municipal Code, to ascertain whether Citations are being administered justifiably by the jurisdictions. The Hearings relate to Parking, Building and Safety, and Zoning violations. Presently conduct Hearings, via telephone, in person or in writing, and administer all administrative work for Packet Pg. 1229

3. Key Personnel 3.28
Proposal
Land Development and NPDES Program Management Services
several jurisdictions, such as the following:
• City of Garden Grove
• City of Placentia
• City of Whittier
• City of Ventura
• City of Corona
• City of Norco
• City of Claremont
• City of Glendora
• City of Yorba Linda
• City of Santa Clara
• City of San Fernando
• County of Riverside Code Enforcement and Animal Control • And other jurisdictions as needed
Permit technician Duties, Code Enforcement and Administrative duties for the following jurisdictions and employers (1986-2012). 30-year career as a Code Enforcement Officer, at various jurisdictions, has given me the experience, networking and compassion for the job. I have had the privilege of working with, and for, some very exemplary employees and Municipalities • County of Orange
• Garden Grove
• Laguna Hills
• City of Downey
• City of Arcadia
• City of Manhattan Beach
• City of Los Alamitos
• County of Los Angeles
• City of Desert Hot Springs
• City of Lawndale
• City of Jurupa Valley
• City of Laguna Hills
• Berryman & Heniger
• JAS Pacific
• RKA Civil Engineers
• HRGreen, California, Inc.

Packet Pg. 1230

3. Key Personnel 3.29
Proposal
Land Development and NPDES Program Management Services
ALI CAYIR, PE, Sr. Engineer
Education
• BS Engineering
• MBA
• Project/Construction
Management, UC Irvine
Registration
• Registered Civil Engineer
• Licensed Gen Contractor A
• Licensed Gen Contractor B
Highlights
• Over 35 years of
experience in City
Engineering.
• Served as contract City
Engineer, Interim PW
Director, City Traffic
Engineer for many Cities.
• Extensive experience in the
management and
administration of federally
and state funded projects
in compliance with
Caltrans Local Assistance
Procedures Manual
(LAPM).
• Served as Resident
Engineer on several
Federally Funded Projects.

Mr. Cayir has over 35 years of experience in engineering. He has participated on numerous multi-disciplinary teams dealing with the planning and development of civil and traffic engineering, urban and rural development, and public works projects. He served as Principal Project Manager for the design, construction and management of a variety of projects, including:
• Public Works and Infrastructure Improvements
• Educational and University Campuses
• Institutional
• Commercial and Retail
• Transportation and Parking Facilities
• Residential and Master Community Development
Mr. Cayir served as contract City Engineer, Traffic Engineer and Interim Public Works Director for many municipalities in Southern California.

He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies.

Construction Management Experience
Mr. Cayir has served as CM, PM, RE for numerous construction projects. He has extensive experience in Federally Funded Projects. Mr. Cayir also served as contract City Engineer for many municipalities. Some of the significant projects where Mr.

Cayir served as CM/PM/RE/Project Principal include:
• Washington Boulevard Widening and Reconstruction Project (Federally Funded), City of Commerce/Caltrans ($40m). Transtech provided CM/Resident Engineer, Inspector, Office Engineer Services. The project includes widening and reconstruction of 2.7 miles of Roadway (including approx. 3,500 tons rubberized AC overlay). The project is federally funded and being managed in compliance with Caltrans Local Assistance Procedures Manual. • Rosemead Boulevard Improvements Project, City of Tempe City (Federally Funded) ($20m). Transtech provided CM/Resident Engineer, Inspector, Office Engineer Services. The project included widening and reconstruction of 2 miles of roadway (including approx. 6,000 tons rubberized AC overlay). The project was federally funded and managed in compliance with Caltrans Local Assistance Procedures Manual.
• Cactus Avenue and Nason Street Improvements and 135’ Span Bridge Project, City of Moreno Valley ($21m). Transtech provided CM/Resident Engineer, Inspector, Office Engineer Services. The funding included State Local Partnership Program (SLPP) grant and was inspected and managed in compliance with Caltrans Local Assistance Procedures Manual. • Rte 71/Mission Bl Grade Separation Project (Federally Funded) City of Pomona ($40m). Transtech provided CM/Resident Engineer, Inspector, Office Engineer Services. Project was inspected and managed in compliance with Caltrans Local Assistance Procedures Manual. Caltrans was the oversight/jurisdictional Agency.
• City of Commerce, Rosewood Community Center. Transtech was retained by the City to take over the management of this multimillion dollar facility which was 2 years behind schedule. Within 5 months, Transtech brought the construction to substantial completion level allowing the City to start the movein process, and 2 months after, the facility was opened to public use. Currently, Transtech is assisting the City in claims analysis and change order resolution.

Construction Cost: $15m.
• Ontario Great Park DB (Design-Build Project). ($45M). The project is being delivered under DB delivery. Transtech is City’s Owner’s Packet Pg. 1231

3. Key Personnel 3.30
Proposal
Land Development and NPDES Program Management Services
Representative/Program Manager
• City of Alhambra Downtown Revitalization Program: Involved 11 projects, including Renaissance Plaza (multi-plex theater, public plaza with fountain and unique art features, restaurants, retail, 800 space parking structure), Fremont Plaza (modifications/reconstruction of existing buildings for lease by ToysRUs and Party City, construction of a new 30,000 SF store for PetSmart, and various other retail buildings) and Downtown Revitalization (modification/upgrade of existing buildings for Starbucks, 4 Restaurants and various retail businesses), 4 parking structures. (Cost: $80m).

Civil Engineering Experience
• CSUSB (Cal State SB University) San Bernardino Main Access Road: Prepared PS&E and provided construction administration for the project. Cost $5m. • I-710 Freeway Interim Improvements and Fremont Widening and Reconstruction: Transtech provided Turn-key Services, including Program Management, Construction Management, Design, Surveying, Right-of-Way Engineering, and Environmental. The project included major roadway improvements, removal/demolition of various buildings for additional right-ofway and reconstruction of buildings behind new right-of-way, traffic signals, infrastructure, utilities, pavement, drainage, water, sewer, landscape, street lighting, traffic signal, pavement improvements. Project was funded by Federal Funds, and was managed and inspected in compliance with Caltrans Local Assistance Procedures Manual. (Cost $15m).
• University Park Development/San Bernardino: The project included 2 miles of new roadway, sewer, water, utility and extensive hill side grading for a master planned residential and commercial development on 130-acre site across from the San Bernardino State University. Cost $40m.
• Valley Boulevard Widening and Reconstruction project which is funded by State and Federal funds and required complete project and environmental report, including Right-of-Way, Relocation, SHPO, NEPA, SEQA, Noise, Parking, Economic, Hazardous Materials technical studies, and processed through Caltrans and FHWA. Construction cost ($6m).
• Carlsbad to San Diego Rail Trail Project Report, which is funded by State and Federal funds and required complete project and environmental report, including Right-of-Way, Relocation, SHPO, NEPA, SEQA, Noise, Parking, Economic, Hazardous Materials technical studies, and processed through Caltrans and FHWA.
• Alameda Corridor Agency East (ACE) Rail Grade Crossing Improvement Project encompassing 6 agencies and 14 locations in Los Angeles County. Work involved roadway realignment and reconstruction, signalization, traffic control, and construction phasing as well as related improvements such as storm drain, water, sewer landscaping, underground utilities, etc. Cost $5,000,000.

Traffic Engineering Experience
• Design and management of a variety of traffic and transportation engineering projects, including traffic signals (more than 1000 locations), traffic signal interconnect system, street lighting, traffic control, signing and striping design; signal timing and coordination studies; traffic signal management studies; traffic safety projects (OTS) including traffic control device inventories and speed surveys; traffic impact and parking studies for more than 100 projects; and feasibility studies for traffic control measures, freeway access, bikeways and street improvements. Mr. Cayir has also served as consultant Traffic Engineer for various agencies in Southern California.

Packet Pg. 1232

3. Key Personnel 3.31
Proposal
Land Development and NPDES Program Management Services

6. Project Organization Chart

CITY DESIGNATED STAFF
MICHAEL ACKERMAN, PE, QSD, QSP, QISP, Principal/Supervising Program Manager AARON MLYNARSKI, Office Engineer Support
DENNIS TARANGO, CBO, ICC Certified Building Official, Plans Examiner, Inspector, Sr. Level Technical Support Staff DAVID RAGLAND, PE, PLS, QSD, QSP, QISP, Sr. Engineer, Sr. Level Technical Support Staff AYLA JEFFERSON, CBO, CSP ICC Certified Building Official, Plans Examiner, Inspector, Sr. Level Technical Support Staff ZIAD Y. MAZBOUDI, PE, QSD, QSP, CPSWQ, CPESC, LEED AP, D.WRE, Sr. Engineer, Sr. Level Technical Support Staff MOHAMMAD MOSTAHKAMI, PE, Sr. Engineer, Sr. Level Technical Support Staff KAREN VIGIL, PTP, EIT, Associate Engineer, Office Engineer Support Staff JULIE ROBBINS, ICC Certified Permit Technician, Permit Process Technical Support Staff Transtech has a large pool of well experienced staff and resources readily available to provide requested services, and respond to requests in a timely, efficient, and cost-effective manner. Our staff and resources include approximately 200, including building officials, plan checkers, inspectors, permit technicians, engineers, project managers, designers, plan checkers, inspectors, construction managers, traffic and transportation analysts, technicians, support personnel.

Contract Principal
Ali Cayir, PE
Packet Pg. 1233
Proposal Section 4
Relevant Experience
Proposal
Land Development and NPDES Program Management Services
Packet Pg. 1234

4. Relevant Experience 4.1
Proposal
Land Development and NPDES Program Management Services

4. Relevant Experience
Following are examples of few municipal service contracts representative of Transtech’s experience in the requested services:

CITY OF ALHAMBRA (Year started and completed: 1993 – Ongoing Service) Contact: Andrew Ho, Community Development Director; T: 626-570-5041; E:
[email protected]
Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering Services; Traffic Engineering; CIP Management; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check.

CITY OF SOUTH PASADENA (Year started and completed: 1999 – Ongoing Service) Contact: Angelica Frausto-Lupo, Community Development Director; T: 626-403-7222; E: [email protected]
Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection) CITY OF TEMPLE CITY (Year started and completed: 2012 – Ongoing Service) Contact: Bryan Cook, City Manager; T: 626-285-2171; E: [email protected] Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering Services; Traffic Engineering; CIP Management; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check.

CITY OF MONTEREY PARK (Year started and completed: 2013 – Ongoing Service) Contact: Ron Bow, City Manager; T: 626-307-1255; E: [email protected] Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering Services; Traffic Engineering; CIP Management; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check.

CITY OF WEST COVINA (Year started and completed: 2019 – Ongoing Service) Contact: David Carmany, City Manager; T: 626-939-8401; E: [email protected] Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering Services; Traffic Engineering; CIP Management; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check.

CITY OF COMMERCE (Year started and completed: 2003 – Ongoing Service) Packet Pg. 1235

4. Relevant Experience 4.2
Proposal
Land Development and NPDES Program Management Services
Contact: Vilko Domic, Assistant City Manager; T: 323-722-4805; E: [email protected] Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering Services; Traffic Engineering; CIP Management; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check.

CITY OF AZUSA (Year started and completed: 2019 – Ongoing Service) Contact: Sergio Gonzalez, City Manager; T: 626-812-5239; E: [email protected] Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection) CITY OF BELL (Year started and completed: 2015 – Ongoing Service) Contact: Manuel Acosta, Community Development Director, T: (323) 588-6211, E:
[email protected]
Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection) Please see reference letters on following pages from above references:

Packet Pg. 1236

4. Relevant Experience 4.3
Proposal
Land Development and NPDES Program Management Services Packet Pg. 1237

4. Relevant Experience 4.4
Proposal
Land Development and NPDES Program Management Services Packet Pg. 1238

4. Relevant Experience 4.5
Proposal
Land Development and NPDES Program Management Services Packet Pg. 1239

4. Relevant Experience 4.6
Proposal
Land Development and NPDES Program Management Services Packet Pg. 1240

4. Relevant Experience 4.7
Proposal
Land Development and NPDES Program Management Services Packet Pg. 1241

4. Relevant Experience 4.8
Proposal
Land Development and NPDES Program Management Services Packet Pg. 1242

4. Relevant Experience 4.9
Proposal
Land Development and NPDES Program Management Services Packet Pg. 1243

4. Relevant Experience 4.10
Proposal
Land Development and NPDES Program Management Services Packet Pg. 1244 Proposal Section 5
Quality of Proposal
Proposal
Land Development and NPDES Program Management Services
Packet Pg. 1245

5. Quality of Proposal 5.1
Proposal
Land Development and NPDES Program Management Services

5. Quality of Proposal

1. Proposal contains all minimum required items and is in proper format

2. All forms, including addenda (if any) have been completed and signed

1. Proposal contains all minimum required items and is in proper format Our proposal contains all minimum required items and is in proper format.

Our proposal includes information listed in RFP under “Proposal Content”, and is formatted per the sections listed in the RFP under “Proposal Format”, as listed below:

Proposal Content: A responsive proposal shall contain the following documentation:

1. Cover Letter- Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity.

2. Understanding of Need- Proposal shall include an outline which demonstrates the firm’s understanding of the project goals and objectives and scope of work, and most of all, familiarity with the existing condition and needs. This outline should include the firm’s anticipated approach toward providing required services, tasks necessary for its successful completion, and suggestions or special concerns of which the City should be made aware.

3. Scope of Services- Proposal shall include a Scope of Services which details the consultant’s approach towards completing the project, work phases, the tasks to be accomplished and the deliverables to be provided, based upon the requested Scope of Services included in this RFP.

4. QA/QC Plan- Provide QA/QC plan to ensure quality control for the duration of the project which shall include maintaining organization and communication over the entire project team, cost and schedule monitoring and constructability review of project plans, specifications and estimates upon their completion.

5. Key Personnel- Consultants shall list key personnel as well as subconsultants, if any, they propose to use on their respective project team. Resumes, limited to one page maximum, shall be included for each key personnel and subconsultant(s). In addition, this section of the proposal shall include a project organization chart with each key individual and subconsultant(s) listed by position or title. Furthermore, a table shall be included listing each key individual and subconsultant(s) by position or title along with percentage of each individual’s and subconsultant’s time (by percentage) to be devoted to this project.

6. Relevant Experience- This section of the proposal shall include a list of at least three (3) relevant or similar projects completed by the project team within the past five years. Each project included shall have a description of the project, name of the client, reference representing client who can be contacted regarding the project along with contact information, year completed and total project cost.

7. Fee Proposal- The consultant’s fee proposal shall be submitted concurrently with the technical proposal. The fee proposal shall include a competitive fee which outlines the hours to complete the scope of services along with personnel to be involved in the project with the number of hours by personnel to be assigned by task and hourly rate.

Packet Pg. 1246

5. Quality of Proposal 5.2
Proposal
Land Development and NPDES Program Management Services
Our proposal includes all information listed in RFP under “Proposal Content”, which is recited above.

Proposal Format: Proposal shall, at a minimum, contain a detailed Scope of Services and be formatted to include the following sections. The basis of consultant selection for this project will be based on the following criteria:

1. Perception Approach

2. Methodology

3. Key Personnel- This section of the proposal shall be formatted as follows:

4. Relevant Experience- T

5. Quality of Proposal

6. Budget/FeeOur proposal is formatted per the sections listed in the RFP under “Proposal Format”, which is also recited above.

2. All forms, including addenda (if any) have been completed and signed All forms, including addenda (if any) have been completed and signed.

Packet Pg. 1247

5. Quality of Proposal 5.3
Proposal
Land Development and NPDES Program Management Services Packet Pg. 1248

5. Quality of Proposal 5.4
Proposal
Land Development and NPDES Program Management Services Packet Pg. 1249

5. Quality of Proposal 5.5
Proposal
Land Development and NPDES Program Management Services
Our proposal is emailed to [email protected] with cc to [email protected] Packet Pg. 1250
Proposal Section 6
Budget / Fee
Proposal
Land Development and NPDES Program Management Services
Packet Pg. 1251

6. Budget / Fee 6.1
Proposal
Land Development and NPDES Program Management Services

6. Budget / Fee
Staff time will be allocated as needed / as requested by the City.

Sr. Level Staff:

Sr. Level staff is anticipated to provide approx. 2 days on site support and 2 to 3 days off site support per week.

Lower Level Support Staff:

Other technical support staff is anticipated to provide approx. 2 to 3 days on site support and 2 days off site support per week.

Invoicing will be based on actual hours per Transtech current hourly rates in effect at the time service is provided.

Please see below for Transtech’s current Hourly Rate Schedule for all staff classifications.

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6. Budget / Fee 6.2
Proposal
Land Development and NPDES Program Management Services
Field Technician $80 - $90 Labor Compliance Analyst $140 - $145 Engineering Technician $90 - $100 Funds Coordinator $145 - $155 Assistant CAD Drafter $100 - $115 Office Engineer $140 - $150 Senior CAD Drafter $115 - $130 Construction Inspector $135 - $145 Associate Designer $130 - $145 Senior Construction Inspector $145 - $155 Senior Designer $145 - $160 Construction Manager $155 - $175 Design Project Manager $180 - $190 Resident Engineer $175 - $190 Assistant Engineer $110 - $120
Associate Civil Engineer $135 - $145 Public Works Inspector $135 - $145 Senior Civil Engineer $190 - $210 Senior Public Works Inspector $145 - $155 Traffic Analyst Technician $95 - $105 Supervising PW Inspector $155 - $165 Associate Traffic Analyst $140 - $150
Senior Traffic Analyst $150 - $160 Survey Analyst $140 - $145 Professional Transportation Planner $160 - $175 Senior Survey Analyst $145 - $150 Traffic Engineer Technician $90 - $100 2-Man Survey Crew $330 - $340 Associate Traffic Engineer $135 - $145 Survey & Mapping Specialist $175 - $185 Traffic Engineer $160 - $175 Licensed Land Surveyor $200 - $210 Senior Traffic Engineer $175 - $195
Project Manager $175 - $195 Funds Analyst $140 - $145
Senior Project Manager $195 - $215 Senior Funds Analyst $145 - $155 Deputy City Engineer $160 - $180 Grant Writer $160 - $170 City Engineer $180 - $195 Funds & Grant Project Manager $180 -- $190 Principal Engineer $195 - $215
Community Development Technician $75 - $85
Permit Technician $70 - $80 Planning Technician $85 - $95 Plan Check Technician/Analyst $100 - $120 Assistant Planner $95 - $115 Building Inspector $120 - $125 Associate Planner $115 - $135 Senior Inspector $125 - $135 Senior Planner $135 - $160 Plans Examiner/Checker $135 - $150 Planning Manager $160 - $180 Plan Check Engineer $150 - $160
Deputy Building Official $150 - $160 Administrative/Clerical $65 -- $75 Building Official $160 - $170 Project Accountant $75 -- $85 TRANSTECH ENGINEERS, INC.

SCHEDULE OF HOURLY RATES
Effective through June 30, 2023
Rates are average ranges, negotiable and can be adjusted to establish a fee for each assignment based on the specific project’s scope, when such projects are identified by the City.

The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

FUNDING & GRANT WRITING

PLANNING

ADMINISTRATIVE STAFF

SURVEY AND MAPPING

PUBLIC WORKS INSPECTION

BUILDING & SAFETY

ENGINEERING CONSTRUCTION MANAGEMENT
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AMENDMENT NO. 1 TO

ON-CALL PROFESSIONAL SERVICES AGREEMENT

WITH WILLDAN ENGINEERING
This Amendment No. 1 to the On-Call Professional Services Agreement for is made and entered into as of May 3, 2023 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Willdan Engineering, a California corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated November, 16, 2022 for the purpose of providing on-call engineering services (the “Master Agreement”).

B. WHEREAS, the Parties now desire to amend the Master Agreement in order to clarify the not-to-exceed compensation terms of the Master Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Amendment to Section 4(b) of the Master Agreement. Section 4(b) of the Master Agreement shall be amended in its entirety to read as follows:
“b. The total amount paid for services rendered by Consultant under this Agreement shall not exceed the sum of $50,000 per assigned Task Order unless approved by the City Council. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion.

Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.”

3. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

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4. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

5. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Charles E. McNeely
Interim City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

WILLDAN ENGINEERING
Adel M. Freij, PE
Director of City of Engineering
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Negotiation Period) attached to this Agreement as Exhibit `B" and which is incorporated into this Agreement by this reference (" Project"); and
I
The Parties agree that the exploration of a form based zoning code for the development of the Project will lead to the greatest likelihood of successful development of the Property. City and Developer will work together to develop such a code for the Property.

Developer will also be an actively involved stakeholder in the City lead development of a form based zoning code as part of the Downtown Specific Plan currently being prepared by the City; and
J The intent of both the City and the Developer in entering into this Agreement is to establish a specific, limited period oftime to negotiate regarding a future agreement between them governing the potential acquisition ofthe Property and development ofthe Project on the Property, all subject to mutually agreeable terms, conditions, covenants, restrictions and agreements to be negotiated and documented in a future disposition and development agreement (" DDA") The Parties agree and acknowledge that Developer may act as a Master Developer for the Property and, as such, the Developer is not anticipated to develop the 43 acre site itself.

NOW, THEREFORE, IN VIEW OF THE GOALS AND OBJECTIVES OF THE CITY

RELATING TO THE SALE AND DEVELOPMENT OF THE PROPERTY AND THE

PROMISES OF THE CITY AND THE DEVELOPER SET FORTH IN THIS AGREEMENT, THE CITY AND THE DEVELOPER AGREE, AS FOLLOWS:

1. Incorporation of Recitals. The Recitals offact set forth above are true and correct and are incorporated into this Agreement, in their entirety, by this reference.

2. Deposits.
a) Not later than three ( 3) business days following the Effective Date ( as defined below) ofthis Agreement, the Developer shall provide to the City a deposit in the amount of One Hundred Thousand Dollars ($ 100,000) in immediately available funds (" Initial Deposit") to ensure that the City and Developer will proceed diligently and in good faith to fulfill their respective obligations under this Agreement during the Negotiation Period (as defined in Section 3( a)), and as part ofthe consideration for the City' s agreement not to negotiate with other persons during the Negotiation Period, and to defray certain costs of the City incurred on or after the Effective Date in pursuing the contemplated negotiations with the Developer during the Negotiation Period. The City shall provide Developer with a summary of costs charged against the Initial Deposit ( and, if applicable, the Extension Deposit) in sixty ( 60) day intervals after the Effective Date. Said summaries of costs shall be for informational purposes only and the Parties agree that the Deposit shall be used in the City' s discretion in furtherance of the negotiations and development of the Project. At the termination of this Agreement, any remaining funds shall, at the Developer' s option, either be applied to the purchase price or returned to the Developer within thirty ( 30) days after request from Developer. Developer acknowledges that the Initial Deposit shall be in addition to those fees and expenses required by the City for any permit, other required entitlement or Project processing. A portion of the Initial Deposit in an amount equal to One Hundred Dollars ($ 100) shall immediately become non- refundable upon Developer' s transfer ofthe 5097426. 1 - L853. 1
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Initial Deposit to the City under this Agreement as consideration for the City' s agreement not to negotiate with other persons during the Negotiation Period.

3. Term of Agreement.
a) - The rights and duties of the City and the Developer established by this Agreement shall commence on the first date on which all of the following have occurred ( the Effective Date"): ( 1) execution of this Agreement by the authorized representative( s) of the Developer and delivery of such executed Agreement to the City, (2) payment ofthe Initial Deposit to the City by the Developer, in accordance with Section 2( a), ( 3) approval of this Agreement by the City governing body and execution of this Agreement by the authorized representative( s) of the City, and ( 4) delivery of such fully executed Agreement to the Developer, the exact date of which shall be mutually agreed to by the Parties promptly after Developer' s receipt of the fully executed Agreement from the City as evidenced in writing signed by their respective authorized representatives. The City shall deliver a fully executed counterpart original of this Agreement to the Developer, within ten ( 10) calendar days following the City governing body' s approval ofthis Agreement, and the execution of this Agreement by the authorized representative( s) of the City.

This Agreement shall continue in effect for the period of One Hundred Eighty ( 180) consecutive calendar days immediately following the Effective Date (" Negotiation Period"), subject to the limitations of Sections 3( b). During the Negotiation Period, the Parties shall work collaboratively in good faith to develop and agree upon a DDA.
b) The Parties, by written agreement of the Developer and the City Manager of the City (the " City Manager"), may extend the Negotiating Period for up to two ( 2) additional periods of ninety ( 90) days each. The term " Negotiating Period" as used herein shall include any extensions of such Negotiating Period pursuant to this Section. c) Upon each extension of the Negotiation Period, if any, the Developer shall provide to the City an additional deposit of Fifty Thousand Dollars ($ 50, 000) in immediately available funds on the first day of any extension of the Negotiation Period ( each, an " Extension Deposit"). Each Extension Deposit is intended to ensure that the Parties will proceed diligently and in good faith to fulfill the obligations under this Agreement during any extension of the Negotiation Period, as part of the consideration for the City' s agreement not to negotiate with other persons during any such extension of the Negotiation Period, and to defray certain costs of the City. Notwithstanding the immediately preceding sentence or any other part of this Agreement, in no event shall the Negotiation Period exceed Three Hundred Sixty (360) consecutive calendar days from the Effective Date.
d) This Agreement shall automatically expire and be of no further force or effect at the end of the Negotiation Period ( as the same may be extended). Notwithstanding the foregoing, if before this Agreement expires, both the City and the Developer approve and execute a DDA acceptable to both the City and the Developer, in their respective sole and absolute discretion, then this Agreement will terminate on the effective date of such DDA. e) If during the term of this Agreement the City receives a Notice of Violation NOV") or similar communication of non-compliance with the provisions of the SLA from the California Department ofHousing and Community Development (" HCD") related to compliance 5097426. 1 - L853. 1
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with the SLA, the City shall return the Initial Deposit to the Developer and the term of this Agreement shall be tolled until: the date of the NOV determines the City has complied with the terms of the SLA, at which point the Developer shall immediately return the Initial Deposit to the City. If the SLA issues are resolved to the City and Developer' s reasonable satisfaction then the term of this Agreement shall recommence and the number of days that the Agreement was tolled shall be extended to the Initial Term.

4. Obligations of Developer. During the Negotiation Period, and pursuant to the attached Milestone Schedule ( Exhibit C) in furtherance of the creation of a DDA, Developer shall proceed diligently and in good faith to develop and present to City staff and, subsequently, to the City governing body, for review, of the following:
a) A proposed complete conceptual development plan for the Project on the Property that describes and depicts: ( 1) the location and placement of proposed buildings and ( 2) the architecture and elevations ofthe proposed buildings; b) Proposed zoning change or changes to the City' s General Plan, if any, necessary to accommodate the Project on the Property, including working with the City' s planning consultants on a form based development zoning code specific to the Property and participating as a stakeholder in the development of the overall downtown specific plan development; c) A list of potential users or tenants for the Property, as developed with the Project;
d) A proposed time schedule and cost estimates for the development of the Project on the Property;
e) A proposed financing plan identifying financing sources for all private and public improvements proposed for the Project; and
f) A preliminary financial analysis demonstrating the costs and benefits to the City regarding all construction, maintenance and operations of all proposed public improvements, the costs of additional or increased levels of public services and any new public revenues anticipated to be generated by the Project.
g) During the Negotiation Period, Developer shall not make or commit to making any political contributions to the City' s legislative governing body.

5. Negotiation of DDA.
a) Duringthe Negotiation Period, each ofthe City and Developer shall proceed to work diligently and in good faith to negotiate a DDA between them. The City and Developer shall generally cooperate with each other, including, without limitation, making themselves available to meet and discuss the Project and any other matters pertaining to the development of the Property such as evaluating existing municipal infrastructure and water facilities to facilitate future development and supply such available documents and information as may be reasonably requested by the other to facilitate the conduct ofthe negotiations. 5097426. 1 -- L853. 1
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b) Both the City and Developer shall exercise commercially reasonable efforts to complete discussions relating to the terms and conditions of a DDA and such other matters, as may be mutually acceptable to both the City and Developer, in their respective sole discretion. The exact terms and conditions of a DDA, if any, shall be determined during the course of these negotiations. Nothing in this Agreement shall. be interpreted or construed to be a representation or agreement by either the City or Developer that a mutually acceptable DDA will be produced from negotiations under this Agreement. Nothing in this Agreement shall impose any obligation on either Party to agree to a definitive DDA in the future. Nothing in this Agreement shall be interpreted or construed to be a guaranty, warranty or representation that any proposed DDA that may be negotiated by City staff and Developer will be approved by the City governing body.

Developer acknowledges and agrees that the City' s consideration of any DDA is subject to the sole and absolute discretion of the City governing body and all legally required public hearings, public meetings, notices, factual findings and other determinations required by law. c) The City and Developer shall meet during the Negotiation Period to discuss appropriate development issues including approaches to appraising the Property for purposes of setting the fair market value price of the Property.

6. Restrictions Against Change in Ownership, Management and Control of Developer and Assignment of Agreement.
a) The qualifications and identity of Developer and its principals are of particular concern to the City. It is because of these qualifications and identity that the City has entered into this Agreement with Developer. During the Negotiation Period, no voluntary or involuntary successor -in -interest of Developer shall acquire any rights or powers under this Agreement, except as provided in Section 6( c).
b) Developer shall promptly notify the City in writing of any and all changes whatsoever in the identity of the business entities or individuals either comprising or in Control as defined in Section 6( d)) of Developer, as well as any and all changes in the interest or the degree of Control of Developer by any such person, of which information Developer or any of its shareholders, partners, members, directors, managers or officers are notified or may otherwise have knowledge or information. Upon the occurrence of any significant or material change, whether voluntary or involuntary, in ownership, management or Control of Developer ( other than such changes occasioned by the death or incapacity of any individual) that has not been approved by the City, which approval shall not be unreasonably withheld, prior to the time of such change, the City may terminate this Agreement, without liability to Developer or any other person and refund any remaining deposit funds provided by Developer to the pursuant to Section 2( a), above, by sending written notice of termination to the Developer, referencing this Section 6( b). c) Developer may assign its rights under this Agreement to an Affiliate ( as defined in Section 6( d)), on the condition that such Affiliate expressly assumes all of the obligations ofDeveloper under this Agreement in a writing reasonably satisfactory to the City, and further provided that Developer shall at all times, control any such Affiliate and be responsible and obligated directly to the City for performance of the Developer' s obligations under this Agreement.
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d) For the purposes ofthis Agreement, the term "Affiliate" means any person, directly or indirectly, controlling or controlled by or under common control with the Developer, whether by direct or indirect ownership of equity interests, by contract, or otherwise. For the purposes of this Agreement, " Control" means possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether by ownership of equity interests, by contract, or otherwise.
e) Notwithstanding the provisions of this Section 6, Developer shall have the right to bring in one or more participating developers, subject to the City' s approval, which shall not be unreasonably withheld, conditioned or delayed; provided that Developer maintains a controlling interest in the Project.

7. Obligations to Review Draft Agreements and Attend Meetings. a) During the Negotiation Period, the Parties shall establish a schedule for in person/virtual meetings as may be necessary to meet the deadlines for preparing and executing a DDA within the Negotiation Period. Each Party shall diligently review and promptly comment on draft versions of a DDA provided by the other Party and, ifthe terms and conditions of such a DDA are agreed upon between City staff and Developer, Developer shall submit the DDA fully executed by the authorized representative( s) of Developer to the City Manager for submission to the City governing body for consideration. Any future DDA shall consist of terms and conditions acceptable to both Developer and the City governing body, in their respective sole and absolute discretion. b) During the Negotiation Period, Developer shall also keep City staff advised on the progress of the Developer in performing its obligations under this Agreement, on a regular basis, but no less than monthly, or as requested by City staff, including, without limitation, having one or more of Developer' s employees or consultants who are knowledgeable regarding this Agreement, the design and planning of the Project and the progress of negotiation of a DDA, such that such person( s) can meaningfully respond to City and/ or City staff questions regarding the progress of the design and planning of the Project or the negotiation of a DDA, attend both: ( 1) periodic meetings with City staff, as reasonably scheduled and requested by City staff during the Negotiation Period, and ( 2) meetings of the City governing body, when reasonably requested to do so by City staff.
c) The Parties agree that keeping the public informed of the progress being made on the Project is important to the overall success of the Project. In furtherance ofthe above:
i) Developer shall provide City staff with biweekly reports summarizing Developer' s activities in relation to the Project which staff will share with the Council and, when appropriate disseminate to the public through the media or social media outlets, and place on the City' s webpage dedicated to the Downtown Specific Plan project. ii) City shall keep Developer reasonably and timely advised of pertinent developments affecting the Project.
iii) The Parties agree that public presentations will be made jointly or if individually then with the knowledge of the other Party. 5097426. 1 -- L853. 1
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8. Developer to Pay All Costs and Expenses. All fees or expenses of engineers, architects, financial consultants, legal, planning or other consultants or contractors, retained by Developer for any study, analysis, evaluation, report, schedule, estimate, environmental review, planning and/or design activities, drawings, specifications or other activity or matter relating to the Property or the Project or negotiation of a DDA that may be undertaken by Developer during the Negotiation Period, pursuant to or in reliance upon this Agreement or in Developer' s discretion, regarding any matter relating to a DDA, the Property or the Project, shall be the sole responsibility of and undertaken at the sole cost and expense of Developer and no such activity or matter shall be deemed to be undertaken for the benefit of, at the expense of or in reliance upon the City.

Developer shall also pay all fees, charges and costs, make all deposits and provide all bonds or other security associated with the submission to and processing by the City of any and all applications and other documents and information to be submitted to the City by Developer pursuant to this Agreement or otherwise associated with the Project. The City shall not be obligated to pay or reimburse any expenses, fees, charges or costs incurred by Developer in pursuit of any study, analysis, evaluation, report, schedule, estimate, environmental review, planning and/or design activities, drawings, specifications or other activity or matter relating to the Property or the Project or negotiation of a DDA that may be undertaken by Developer during the Negotiation Period, whether or not this Agreement is, eventually, terminated or extended or a DDA is entered into between the City and Developer, in the future.

9. City Not To Negotiate With Others. During the Negotiation Period, the City and City staff shall not negotiate with any other person regarding the sale or redevelopment of the Property. The term " negotiate," as used in this Agreement, means and refers to engaging in any discussions with a person other than Developer, regardless of how initiated, with respect to the availability of the Property or that person' s redevelopment of the Property, without Developer' s prior written consent. Developer acknowledges that City may receive and retain unsolicited offers regarding redevelopment of the Property, but the City shall not entertain any offer or negotiate with the proponent of any such offer during the Negotiation Period; provided, however, that the City shall notify such proponent that it is a party to this Agreement and, provided, further, that the City shall disclose and promptly provide to Developer copies of any such unsolicited offers.

Developer acknowledges that the City is a public agency and subject to the provisions of the California Public Records Act, Government Code Section 6254, et. seq. ( the " Act"). The City shall inform Developer of any request for information received pursuant to the Act and shall not disclose any financial or other information marked or otherwise designated as confidential without first notifying Developer and providing Developer with reasonable notice of the request. If Developer believes the information requested is confidential, Developer may pursue a court order preventing the release of the requested information, and the City shall refrain from disclosing the information pending the court's determination. In such case, Developer shall defend, indemnify and hold the City, its officers, officials, agents, and employees harmless from and against any and all liability, loss, expense ( including reasonable attorneys' fees), or claims for injury or damages, whether actual, alleged, or threatened, arising out of or in any way attributable to a request related to or a claim under the Act.

14. Acknowledgments and Reservations.
a) Except as otherwise provided in this Agreement, the City and Developer agree that, if this Agreement expires or is terminated for any reason, or a future DDA is not 5097426. 1 -- LS53. 1
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approved and executed by both the City and Developer, for any reason, neither the City nor Developer shall be under any obligation, nor have any liability to each other or any other person regarding the sale or other disposition of the Property or the redevelopment of the Project or the Property; provided, however, that in the event this Agreement terminates, the City shall return to Developer within ten ( 10) business days of such termination ( i) any and all deposits due to be refunded pursuant to Section 2 ofthis Agreement.
b) Developer acknowledges and agrees that no provision of this Agreement shall be deemed to be an offer by the City, nor an acceptance by the City of any offer or proposal from Developer for the City to convey any estate or interest in the Property to Developer or for the City to provide any financial or other assistance to Developer for redevelopment of the Project or the Property.
c) Developer acknowledges and agrees that Developer has not acquired, nor will acquire, by virtue of the terms of this Agreement, any legal or equitable interest in real or personal property from the City.
d) Certain development standards and design controls for the Project may be established between Developer and the City, but it is understood and agreed between the City and Developer that the Project and the redevelopment of the Property must conform to all City and other applicable governmental development, land use and architectural regulations and standards, except as may otherwise be provided in the DDA. Drawings, plans and specifications for the Project shall be subject to the approval of the City through the standard development application process for projects ofthis nature. Nothing in this Agreement shall be considered approval of any plans or specifications for the Project or of the Project itself by the City. e) The City reserves the right to reasonably obtain further available information and data to ascertain the ability and capacity of the Developer to acquire or lease, develop and operate the Property and/or the Project. The Developer acknowledges that it may be requested to make certain financial disclosures to the City, its staff, legal counsel or other consultants, as part of the financial due diligence investigations ofthe City relating to the potential sale of the Property and redevelopment of the Project on the Property by the Developer and that any such disclosures may become public records. The City shall maintain the confidentiality of financial information of the Developer to the extent allowed by law, as determined by the City Attorney. If, however, any individual for privacy reasons chooses not to furnish any personal financial information, then the City shall rely solely on the financial disclosures provided by Developer. If an individual fails to provide the requested personal financial information the City may accept or reject, with explanation, the financial disclosure provided by Developer. f) Any information, drawings, designs, plans, specifications, studies, reports, sketches, conceptual plans, development plans and financing plans relating to the Project collectively, the " Information") prepared for and/ or developed by Developer and furnished to the City, excluding any matters of public record or matters generally known to the public, shall be treated by the City as a trade secret and/ or proprietary and confidential and, except as may be required by law, will not be disclosed by the City to anyone other than on a need -to -know basis and to the City's consultants and attorneys who agree to maintain the confidentiality of the 5097426. 1-- LB53. 1
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Information. Developer shall be the owner of and possess all intellectual property rights to the Information.

11. Nondiscrimination. Developer shall not discriminate against nor segregate any person, or group ofpersons on account ofrace, color, creed, religion, sex, marital status, handicap, national origin or ancestry in undertaking its obligations under this Agreement.

12. Limitation on Damages and Remedies.

THE DEVELOPER AND THE CITY ACKNOWLEDGE THAT IT IS

EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN THE AMOUNT OF

DAMAGES THAT WOULD BE SUFFERED BYTHE DEVELOPER UPON THE BREACH OF THIS AGREEMENT BY THE CITY. HAVING MADE DILIGENT BUT UNSUCCESSFUL

ATTEMPTS TO ASCERTAIN THE ACTUAL DAMAGES THE DEVELOPER WOULD

SUFFER UPON THE BREACH OF THIS AGREEMENT BY THE CITY, THE DEVELOPER

AND THE CITY AGREE THAT A REASONABLE ESTIMATE OF THE DEVELOPER' S DAMAGES IN SUCH EVENT IS ONE HUNDRED THOUSAND DOLLARS ($100, 000) ( THE LIQUIDATED DAMAGES AMOUNT"). THEREFORE, UPON THE BREACH OF THIS

AGREEMENT BY THE CITY, THE CITY SHALL PAY THE LIQUIDATED DAMAGES AMOUNT TO THE DEVELOPER AND THIS AGREEMENT SHALL TERMINATE.

RECEIPT OF THE LIQUIDATED DAMAGES AMOUNT SHALL BE THE DEVELOPER' S

SOLE AND EXCLUSIVE REMEDY ARISING FROM ANY BREACH OF THIS AGREEMENT BY THE CITY.

Initials of Authorized Initials ofAuthorized
Representative of City Representative of Developer
a) THE CITY AND THE DEVELOPER EACH ACKNOWLEDGE AND

AGREE THAT THE CITY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT, IF IT

WERE TO BE LIABLE TO THE DEVELOPER FOR ANY MONETARY DAMAGES,

MONETARY RECOVERY OR ANY REMEDY OTHER THAN TERMINATION OF THIS AGREEMENT AND PAYMENT OF THE LIQUIDATED DAMAGES AMOUNT.

ACCORDINGLY, THE CITY AND THE DEVELOPER AGREE THAT THE DEVELOPER' S

SOLE AND EXCLUSIVE RIGHT AND REMEDY UPON THE BREACH OF THIS

AGREEMENT BY THE CITY IS TO TERMINATE THIS AGREEMENT AND RECEIVE THE LIQUIDATED DAMAGES AMOUNT.
b) THE CITY AND THE DEVELOPER EACH FURTHER

ACKNOWLEDGE AND AGREE THAT THE DEVELOPER WOULD NOT HAVE ENTERED

INTO THIS AGREEMENT, IF IT WERE TO BE LIABLE TO THE CITY FOR ANY

MONETARY DAMAGES, MONETARY RECOVERY OR ANY REMEDY OTHER THAN

TERMINATION OF THIS AGREEMENT AND PAYMENT OF PROVABLE ACTUAL

DAMAGES UP TO AND NOT TO EXCEED THE AMOUNT OF ONE HUNDRED THOUSAND DOLLARS ($ 100, 000). ACCORDINGLY, THE CITY AND THE DEVELOPER

AGREE THAT THE CITY' S SOLE AND EXCLUSIVE RIGHT AND REMEDY UPON THE

BREACH OF THIS AGREEMENT BY THE DEVELOPER IS TO TERMINATE THIS

AGREEMENT AND RECEIVE PAYMENT OF PROVABLE ACTUAL DAMAGES UP TO 5097426. 1 - L853. 1
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AND NOT TO EXCEED THE AMOUNT ONE HUNDRED THOUSAND DOLLARS 100, 000).
c) EACH OF THE CITY AND THE DEVELOPER ACKNOWLEDGES

THAT IT IS AWARE OF THE MEANING AND LEGAL EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR

OR THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE AND, THAT IF KNOWN BY HIM

OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
d) CALIFORNIA CIVIL CODE SECTION 1542 NOTWITHSTANDING, IT

IS THE INTENTION OF THE PARTIES TO BE BOUND BY THE LIMITATION ON DAMAGES, RECOVERY AND REMEDIES SET FORTH IN THIS SECTION 12, AND

PARTY HEREBY RELEASES ANY AND ALL CLAIMS AGAINST THE OTHER PARTY

FOR MONETARY DAMAGES, MONETARY RECOVERY OR OTHER LEGAL OR

EQUITABLE RELIEF RELATED TO ANY BREACH OF THIS AGREEMENT, EXCEPT

WITH RESPECT TO THE DEVELOPER RECEIPT OF THE LIQUIDATED DAMAGES

AMOUNT, WHETHER OR NOT ANY SUCH RELEASED CLAIMS WERE KNOWN OR

UNKNOWN TO THE DEVELOPER AS OF THE EFFECTIVE DATE OF THE

TERMINATION OF THIS AGREEMENT, AND WITH RESPECT TO THE CITY RECEIPT

OF PROVABLE ACTUAL DAMAGES UP TO AND NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($ 100, 000), WHETHER OR NOT ANY SUCH RELEASED CLAIMS

WERE KNOWN OR UNKNOWN TO THE CITY AS OF THE EFFECTIVE DATE OF THE TERMINATION OF THIS AGREEMENT. EACH OF THE CITY AND THE DEVELOPER SPECIFICALLY WAIVES THE BENEFITS OF CALIFORNIA CIVIL CODE SECTION 1542

AND ALL OTHER STATUTES AND JUDICIAL DECISIONS ( WHETHER STATE OR

FEDERAL) OF SIMILAR EFFECT WITH REGARD TO THE LIMITATIONS ON DAMAGES

AND REMEDIES AND WAIVERS OF ANY SUCH DAMAGES AND REMEDIES CONTAINED IN THIS SECTION 12.

Initials of Authorized
Representative of City

13. Default.
0 Initials of Authorized
Representative of Developer
a) Failure or delay by either Party to perform any material term or provision ofthis Agreement shall constitute a default under this Agreement. Ifthe Party who receives notice of a default from the other Party cures, corrects or remedies the alleged default within fifteen ( 15) calendar days after receipt of written notice by the other Party specifying such default, such Party shall not be in default under this Agreement. In such cases where more than fifteen ( 15) calendar days are reasonably required to cure said default the defaulting Party shall commence the cure within fifteen ( 15) calendar days and diligently pursue the cure. Any monetary default shall be cured within the fifteen ( 15) calendar day cure period. Notwithstanding, anything contrary in this Agreement, under all circumstances, each Party shall exercise good faith and commercially 5097426. 1 - L853. 1
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reasonable efforts to cure, correct or remedy any default, time being of the essence. If there are less than fifteen ( 15) days remaining in the Negotiation Period, the cure period allowed pursuant to this Section 13( a) shall be automatically reduced to the number of days remaining in the Negotiation Period.
b) The Party claiming that a default has occurred shall give written notice of default to the Party claimed to be in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. However, the injured Party shall have no right to exercise any remedy for a default under this Agreement, without first delivering written notice of the default and allowing the applicable period to cure any such default as set forth in Section 13( a).
c) Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d) Subject to Section 13( a), if a default of either Party remains uncured for more than fifteen ( 15) calendar days following receipt of written notice of such default, a " breach" of this Agreement by the defaulting Party shall be deemed to have occurred. In the event of a breach of this Agreement, the sole and exclusive remedy ofthe Party who is not in default shall be to terminate this Agreement by serving written notice of termination on the Party in breach and the non -defaulting Party shall also be entitled to receive the damages as provided for in Section

12. 14. Compliance with Law. Developer acknowledges that any future DDA, if approved by the governing body of the City, will require Developer ( among other things) to carry out the development of the Project in conformity with all applicable laws, including all applicable building, planning and zoning laws, environmental laws, safety laws and federal and state labor and wage laws.

15. Press Releases. The Developer agrees to obtain the approval of the City Manager or his or her designee or successor in function of any press releases Developer may propose relating to the lease or redevelopment of the Property or negotiation of a DDA with the City, prior to publication. The rights and obligations in this provision shall not apply to leasing and marketing brochures and/ or information distributed by email or placed online on a brokerage website or real estate website such as LoopNet. com.

16. Notice. All notices required under this Agreement shall be presented in person, by nationally recognized overnight delivery service or by facsimile and confirmed by first class certified or registered United States Mail, with return receipt requested, to the address and/ or fax number for the Party set forth in this Section 16. Notice shall be deemed confirmed by United States Mail effective the third ( 3rd) business day after deposit with the United States Postal Service. The Party tendering notice shall maintain proof of delivery and provide such proof if requested by the other Party. Notice by personal service or nationally recognized overnight delivery service shall be effective upon delivery. Either Party may change its address for receipt of notices by notifying the other Party in writing. Delivery of notices to courtesy copy recipients shall not be required for valid notice to a Party:
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TO DEVELOPER: San Bernardino Development Company
LLC
ATTN: Ran Torkan
4221 Wilshire Boulevard, Suite 380
Los Angeles, CA 90010
Telephone: 323. 932. 7777
Email: jtorkan@icoreg. com
COPY TO: Renaissance Downtowns USA LLC
ATTN: Donald Monti
410 Jericho Turnpike, Suite 202
Jericho, NY 11753
Telephone: 516.457. 7545
Email:
dmonti@renaissancedowntownsusa. com
Ernesto Hidalgo
1050 W. Alameda Ave., 4501
Burbank, CA 91506
Telephone: 818.454.8762
Email:
ehidalgo@renaissancedowntownsusa. com
AlvaradoSmith, APC
633 W. 5t' Street, Suite 900
Los Angeles, CA 90071
Attn: Raul F. Salinas
Attn: Jerry J. Ruiz
Email: rsalinas@alvamdosmith. com and
jruiz@alvamdosmith. com
TO CITY Robert D. Field
City Manager
City of San Bernardino
290 North " D" Street
San Bernardino, California 92401
Office: 909. 384. 5122 1 Fax: 909.384. 5138
Field—[email protected]
COPY TO: Michael A. Huntley
Director of Community and Economic Development
City of San Bernardino
290 North " D" Street
San Bernardino, CA 92401
Office: 909- 3 84- 5357
Huntle±
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Sonia Carvalho
City Attorney
City of San Bernardino
18101 Von Karman Ave
Suite 1000
Irvine, CA 92612
Office: ( 949) 263- 2600
Fax: ( 949) 260- 0972

17. Warranty Against Payment of Consideration for Agreement. Developer warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement. Third parties, for the purposes of this Section 17, shall not include persons to whom fees are paid for professional services, if rendered by attorneys, financial consultants, accountants, engineers, architects, brokers, marketing and public relations consultants and other consultants, when such fees and services are considered necessary by Developer.

18. Acceptance of Agreement by Developer. Developer shall acknowledge its acceptance of this Agreement by delivering to the City three ( 3) original counterpart executed copies ofthis Agreement signed by the authorized representative(s) of Developer.

19. Counterpart Originals. This Agreement may be executed by the City and Developer in multiple counterpart originals, all of which together shall constitute a single agreement.

20. No Third -Party Beneficiaries. Nothing in this Agreement is intended to benefit any person or entity other than the City or Developer.

21. Governing Law. The City and Developer acknowledge and agree that this Agreement was negotiated, entered into and is to be fully performed in the City of San Bernardino, California. -The City and Developer agree that this Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California, without application of such laws' conflicts of laws principles. The venue for any such action shall be San Bernardino County.

22. Waivers. No waiver of any breach of any term or condition contained in this Agreement shall be deemed a waiver of any preceding or succeeding breach of such term or condition, or of any other term or condition contained in this Agreement. No extension of the time for performance of any obligation or act, no waiver of any term or condition of this Agreement, nor any modification of this Agreement shall be enforceable against the City or the Developer, unless made in writing and executed by both the City and the Developer.

23. Construction. Headings at the beginning of each section and sub -section of this Agreement are solely for the convenience of reference of the City and Developer and are not a part of this Agreement. Whenever required by the context ofthis Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. This Agreement shall not 5097426. 1- 1. 853. 1
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be construed as if it had been prepared by one or the other of the City or Developer, but rather as if both the City and Developer prepared this Agreement. Unless otherwise indicated, all references to sections are to this Agreement. All exhibits referred to in this Agreement are attached to this Agreement and incorporated into this Agreement by this reference. Ifthe date on which the City or Developer is required to take any action pursuant to the terms ofthis Agreement is not a business day ofthe City, the action shall be taken on the next succeeding business day of the City.

24. Attorneys' Fees. If either Party hereto files any action or brings any action or proceeding against the other arising out of this Agreement, then the prevailing Party shall be entitled to recover as an element of its costs of suit, and not as damages, its reasonable attorneys' fees as fixed by the court, in such action or proceeding or in a separate action or proceeding brought to recover such attorneys' fees. For the purposes hereof the words " reasonable attorneys' fees" mean and include, in the case of either Party, salaries and expenses of the lawyers working for or employed by such Party ( allocated on an hourly basis) to the extent they provide legal services to such Party in connection with the representation of that Party in any such matter.

Signatures on following page]
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THE CITY OF SAN BERNARDINO

EXCLUSIVE NEGOTIATION AGREEMENT
Carousel Mall)
IN WITNESS WHEREOF, the City and the Developer have executed this Negotiation Agreement on the dates indicated next to each ofthe signatures of their authorized representatives, as appear below.

DEVELOPER:

SAN BERNARDINO DEVELOPMENT

COMPANY, LLC
Dated: 8/ 11/ 2021 By: T>&91a" N&M4ZIts: Authorized Representative CITY:

THE CITY AN B RDINO
By:

ATTES
By: ZL'4
City Clerk
APPROVED AS TO FORM:

BEST BEST & KRIEGER, LLP
13 City Attorney
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EXHIBIT " A"
TO

NEGOTIATION AGREEMENT
Property Le, --al Descri: tion
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Exhibit " A"
Legal Description
All that certain Real Property situated in the City of San Bernardino, County of San Bernardino, State of California, described as follows:

Parcels 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 18, 19, 20 of Parcel Map No. 688, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 25, Pages 47 through 58, inclusive, of Parcel Maps in the Office of the County Recorder of said County.

Along with those certain easements created by, or arising out of, that certain instrument entitled Declaration of Restrictions, Construction, Operation, Restriction and Easement Agreement" dated as of December 24, 1970, executed by the Redevelopment Agency of the City of San Bernardino, a public body corporate and politic, John S. Griffith & Co., a corporation, and Curci- Turner Co., a partnership, Joint Venturers under the name and style of Central City Company, J. C. Penney Company, Inc., a corporation, Monwar Property Corporation, a corporation, The Harris Company, a corporation, City of San Bernardino, California, a municipal corporation, Upham Development Company, a Texas limited partnership, and Connecticut General Mortgage and Realty Investments, a Massachusetts business trust, which instrument was recorded on December 24, 1970, in Book 7580, Page 280, Official Records of San Bernardino, California, including rights of pedestrian and vehicular ingress, egress and access, as said easements are more particularly described therein.

APNs: 0134- 181- 28 0134- 231- 27
0134- 201- 25 0134- 231- 28
0134- 211- 34 0134- 231- 29
0134- 211- 36 0134- 231- 31
0134- 211- 38 0134- 291- 11
0134- 221- 43 0134- 301- 20
0134- 221- 45 0134- 301- 22
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EXHIBIT " B"
WC

NEGOTIATION AGREEMENT
Conceptual Site Plan
r
a
rs
rIre
ay
0 ,, _
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EXHIBIT " C"
TO

NEGOTIATION AGREEMENT
Schedule of Performance
Within 15 Days of Effective Date ( , 2021) of ENA
Deal Term Memo
Developer shall submit a list of deal terms for discussion which shall be utilized in the City' s preparation of the first draft of the DDA.

Within 30 days of Effective Date (_, 2021) of ENA
DDA Negotiation Sessions Developer and City shall hold the first meeting to negotiate the DDA and establish a meeting schedule for the negotiation of the DDA..

Within 90 Days of Effective Date ( , 2021) of ENA
Project Development A proposed time schedule and cost estimates for the development of the Project on Schedule and Cost the Property
Estimate
Full Project Submittal Submit a proposed complete conceptual development plan for the Project on the Property that describes and depicts: ( 1) the location and placement of proposed buildings and ( 2) the architecture and elevations of the proposed buildings.

Within 120 Days of Effective Date ( ) of ENA
Submit proposed zoning change parameters or changes to the City' s General Plan, as Zoning/ FBC it relates to the development of the Property and the Specific Plan for the redevelopment of the City' s Downtown Core Area, if any, necessary to accommodate the Project on the Property, including recommendations for a form based development zoning code specific to the Property
Tenant/ Development Provide staff with a list of potential users/ tenants for the Property and development Partners partners or merchant builders for the development of the Property.

Proforma and
Development Schedule
Fiscal Impact/ Benefit
Analysis
Submit proforma and preliminary development schedule including a proposed financing plan identifying financing sources for all private and public improvements proposed for the Project.

Developer shall submit a preliminary financial analysis demonstrating the costs and benefits to the City for all construction, maintenance and operations of all proposed public improvements, the costs of additional or increased levels of public services an any new public revenues anticipated to be generated by the Project Development Partners Submit letter( s) identifying investment partners. and Structure
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Submit letter(s) of interest (" LOI") identifying lenders and proof of ability to obtain Funding Partners and financing for what is to be developed on the Property under a revised Form Based Structure Zoning Code..

Within 150 Days of Effective Date (_) of ENA
Draft DDA I Complete negotiations and draft Disposition and Development Agreement.

Final Revisions I Finalize revisions to development proposal and all relevant materials City Council Hearing
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Within 180 Days of Effective Date (_) of ENA
Present development proposal and DDA to Council for final review and approval Packet Pg. 1276

MANAGER' S CERTIFICATE

SAN BERNARDINO DEVELOPMENT COMPANY LLC)
The undersigned, DONALD MONTI. in his capacity as Manager of San Bernardino Development Company LLC, a California limited liability company (" Company"), solely in such capacity, hereby certifies to the City of San Bernardino that:

1. Attached hereto as Exhibit A is a true, correct and complete copy of the Certified Copy ofthe Articles ofOrganization ofthe Company, filed with the California Secretary ofState on April 27, 2021, Entity (File) Number 202111710716, which Articles ofOrganization have not been amended or modified and are in full force and effect as of the date hereof.

2. Attached hereto as Exhibit B is a true, correct and complete copy of Schedule I to the Operating Agreement of the Company that lists the name and address of each Member, which Schedule 1 has not been amended or modified and is in full force and effect as of the date hereof.

3. The Employer Identification Number (" EIN") of the Company is 87- 2101138.

IN WITNESS WHEREOF, the undersigned has executed this Manager' s Certificate as ofthis 101' day ofAugust, 2021.

T. c? i2ertzi

DONALD MONTI
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EXHIBIT A
Certified Copy of Articles of Organization of San Bernardino Development Company LLC California Secretary of State
Electronic Certified Copy j
I, SHIRLEY N. WEBER, Ph. D.. Secretary of State of the State of California, hereby certify that the attached transcript of 1 page is a full, true and correct copy of the original record in the custody of the California Secretary of State' s office.

IN WITNESS WHEREOF, I execute
this certificate and affix the Great
Seal of the State of California on
this day of April 27, 2021
SHIRLEY N. WEBER, Ph. D.

Secretary of State
Verification Number: KGVEUY
Entity ( File) Number: 202111710716
To verify the issuance of this certificate, use the Verification Number above with the Secretary of State Electronic Veriication Search.ava;1abie at bfzffle.sos.ca.gav
Exhibit A
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i
California Secretary of State
Electronic Filing Secretary of State
State of California
LLC Registration — Articles of Organization
Entity Name: >- San Bemardino Development Z)
Company LLC j
Entity ( File) Number. 202111710716 Y
File Date: 04/23/2021 L
Entity Type: Domestic LLC g
Jurisdiction: California E
Detailed Filing Information r $

1. Enemy Name: San Bemardino Development Comparry LLC
o

2. BusinessAddresses:
a. kutial StreetAddress of +-
Designated Office in California: 4221 W51shire Blvd, Suite 380 ( q
Los Angeles, California 90010
United States
b. Initial NW14rg Address:

U
4221 14' ilstlire Blvd. Suite MO
Los Angeles, California 90010
United States

3. Agent for Service of Process: Jien Torkan
4221 WVsture Boulevard, Suite 3tk1
Los Angeles Callfomia [ Colo
unm States

4. Management structure: More than One Manager

5. Purpose statement: The purpose ofthe limited liability company is to engage in any IawfW act
or activity forwhich a limited liability
company may be organized underthe
California Revised Uniform Limited
LiabilityCompanyAct.

Electronic signature:

The organizer affirms the information contained herein Is true and correct.

Organizer. Jlsn Torkan
Use blslffe. sos. ca. govroronlineMing& searches. buslness records. andre" Wos.

Exhibit A
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FXHTRTT R
Schedule 1 to Operating Agreement
of San Bernardino Development Company LLC
Member Address Membershi ) Interest
Donald Monti c/o Renaissance Downtowns USA LLC 50%
410 Jericho Turnpike
Suite 202
Jericho, New York 11753
Jian Torkan c/o ICO Real Estate Group, Inc. 50%
4221 Wilshire Blvd.

Suite 380
Los Angeles, California 90010
Exhibit B
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DISCUSSION
City of San Bernardino
Request for Council Action
Date: May 3, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Nathan Freeman, Community, Housing, and Economic
Development Director
Department: Community, Housing, & Economic Development (CED) Subject: Authorize the Interim City Manager to Terminate the Exclusive Negotiating Agreement with the San
Bernardino Development Company (SBDC) and pay
liquidated damages associated with said termination
(Ward 1)
Recommendation
It is recommended that the Mayor and City Council authorize the Interim City Manager to terminate the Exclusive Negotiating Agreement (ENA) with the San Bernardino Development Company (SBDC) for the Carousel Mall redevelopment project and authorize payment of liquidated damages to SBDC, in the amount of $100,000, associated with said termination.

Background
On March 16, 2023, the City received a “Notice of Violation of the Surplus Land Act Regarding the City of San Bernardino’s Surplus Land Disposition for the Property at 295 Carousel” from the State’s Housing and Community Development Division (HCD).

The Notice of Violation (NOV) alleges San Bernardino violated several provisions of the Surplus Land Act (SLA) relative to the former Carousel Mall property. The alleged violations to the SLA, and the City’s responses, are as follows:

1. Failing to provide 90 days of good faith negotiations to entities who submitted notices of interest.

Response: The City disagrees with HCD’s position that the City violated the SLA by failing to engage in good faith negotiations with two affordable housing developers who responded to the NOA. As staff discussed with HCD prior to HCD’s issuance of the NOV, the City received two general inquiries from Boulevard Companies and Alliant Strategic Development and both entities withdrew their interest prior to the end of the 60-day NOA period. During the NOA period the City Packet Pg. 1281
55600.00808\41248826.2

reached out to both developers to better understand their interest in the property and solicit additional information from the developers to assist the City in analyzing the proposals to determine which developer would propose a project with the most units and/or the greatest levels of affordability. There is nothing in the SLA which prohibits a City from seeking additional information from a developer during the NOA period. Seeking additional information from respondents was intended to ensure the 90-day negotiation period would successfully result in the selection of a developer with the most affordable housing units. The City was attempting to comply with the SLA and ensure the greatest amount of affordable housing would be built on the site. Unfortunately, both developers indicated they were interested in only purchasing a small portion of the site and asked instead to be put in contact with the developer eventually selected as the master developer. Based upon the withdrawal by both developers, there were no affordable housing developers to engage in good faith negotiations with during the 90-day period and therefore, no violation of the SLA could have occurred.

2. Negotiating and selecting a developer prior to issuing a Notice of Availability of Surplus Land.

Response: As discussed with HCD prior to the issuance of the NOV, the City issued an RFQ in May 2019. This was before AB 1486 became law in January 2020. The City issued a follow up RFP in February 2020; however, the amended SLA did not apply to this property at that time. The land that is the subject of the RFP is former RDA land which was designated for future development in the Long Range Property Management Plan (“LRPMP”). Pursuant to the amended SLA, specifically Government Code Section 54234, the new provisions of the SLA do not apply if the property was designated in the LRPMP for future development, the subject of an ENA by December 31, 2020, and sold by December 31 2022. The property is designated as Property #20 in the Successor Agency’s LRPMP as property for future development. Consequently, any actions taken towards entering into an ENA prior to December 31, 2020, were consistent with the SLA as amended by AB 1486.

The issuance of the RFP in February 2020 and acceptance of the proposals prior to December 31, 2020, were all in furtherance of entering into an ENA prior to December 31, 2020, as authorized by the SLA. Following a two-year public process, the City selected a developer on March 3, 2021. Shortly after that, the City realized that because the property was not under an ENA by the end of 2020 the City needed to partake in the SLA process prior to entering into an ENA with a developer.

As result, the City declared the property surplus, engaged in the SLA process, and received confirmation from HCD that the process was complete before entering into an ENA with the developer selected pursuant to the RFP/RFQ process that had commenced prior to the change in the SLA law. HCD has taken the position that the selection of a developer through the previous process had a chilling effect and therefore violates the SLA.

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3. Failing to give priority to affordable housing.

Response: The City disagrees with HCD’s position that the City violated the SLA by failing to give priority to affordable housing developers who responded to the NOA. As described above, the City did receive two general inquiries; however, both entities withdrew their interest prior to the end of the 60-day NOA period.

Consequently, by the end of the NOA period, the City had no interested developers with which to give priority to in the negotiation process.

4. Failing to provide a complete description of negotiations.

Response: In the City’s previous disposition documentation to HCD, past staff did not include any description of the negotiations/discussions with Boulevard Companies and Alliant Strategic Development and indicated that “no qualified entities responded” to the “Notice of Availability.” At the time the information was provided to HCD the City had received two general inquiries from developers who inquired about the acquisition of a small piece of the 43-acre property. No one had expressed an interest in the property that was declared surplus and the two entities who had made general inquiries had withdrawn from the process of their own accord. Consequently, at the end of the NOA period the City had no respondents who were interested in pursuing negotiations with the City. Although the City attempted to accurately describe the process engaged in by the City to comply with the SLA, the City could have indicated the two responses were received and withdrawn.

On April 5, 2023, and April 19, 2023, staff received direction from the Mayor and City Council to work towards curing the NOV. Staff from the City Manager’s Office, Community, Housing, and Economic Development Department, and the City Attorney’s Office have had several conversations with HCD staff to discuss the City’s available options for curing the NOV. The options that HCD provided illuminated the need for the City to terminate the existing ENA with SBDC and to pursue the SLA process again at a future date and in collaboration with HCD.

Section 3 of the original ENA provides that if a NOV is received by the City the term of the ENA is tolled until the alleged violation is resolved. To cure the violation, staff is recommending the termination of the ENA and the City restarting the SLA process at some point in the future. While the City does not believe the early termination of the ENA as a result of the NOV is a breach of the ENA, Section 12 of the original ENA provides that if the City breaches the ENA, the damages owed to SBDC, the developer, is $100,000. Staff believes that terminating the ENA and resolving any potential dispute related to the existing ENA by authorizing the payment of the liquidated damages is the best way to move this process forward and is in the best interest of the community. Protracted litigation with HCD over the SLA process or with the developer over the ENA will result in additional costs and delay to the Carousel Mall development.

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Discussion
Providing adequate and suitable housing is a critical responsibility for all cities in California, including the City of San Bernardino. The City is conscious of the need for all types of housing, especially affordable housing, for residents throughout the community. Though previous staff attempted to adhere to the new laws of the Surplus Land Act, the City acknowledges that the State must enforce policies surrounding this matter. It is the staff’s understanding from representatives at HCD that, with the termination of the ENA with SBDC, and with the City intending to work closely with HCD on a future SLA process, the NOV will be resolved.

As an example, the City of San Diego received an NOV on the development of a project using city-owned property. San Diego chose to terminate their discussions with their selected developer to pursue the Surplus Land Act process with HCD’s assistance.

When the City of San Bernardino is ready to pursue the Surplus Land Act process again, it will be done with HCD’s guidance.
2021-2025 Strategic Targets and Goals
The termination of the Exclusive Negotiating Agreement with the San Bernardino Development Company (SBDC aka “RDICO”) and payment of liquidated damages associated with said termination in response to the Notice of Violation received from the State’s Housing and Community Development Division regarding the City-owned former Carousel Mall property aligns with Key Target No. 4: Economic Growth and Development. Specifically, ensuring the City complies with State requirements for the redevelopment of the Carousel Mall will provide a catalyst for future growth and development within the entire community.

Fiscal Impact
This action will impact the General Fund by $100,000.

Conclusion
It is recommended that the Mayor and City Council authorize the Interim City Manager to terminate the Exclusive Negotiating Agreement (ENA) with the San Bernardino Development Company (SBDC) for the Carousel Mall redevelopment project and authorize payment of liquidated damages to SBDC, in the amount of $100,000, associated with said termination.

Attachments
Attachment 1 – Original ENA
Attachment 2 – 1st Amendment to the ENA
Attachment 3 – 2nd Amendment to the ENA
Attachment 4 – 3rd Amendment to the ENA
Ward:

First Ward
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Synopsis of Previous Council Actions:

March 3, 2021 Mayor and City Council selected Renaissance Downtown USA/ICO Real Estate Group (RDICO) as the preferred
development team for the former Carousel Mall property.

August 18, 2021 Mayor and City Council approved Resolution No. 2021-214, which authorized the City Manager to execute the Exclusive Negotiating Agreement between the City of San Bernardino and the San Bernardino Development Company (also known as RDICO) for the former Carousel Mall property.

July 20, 2022: Mayor and City Council considered a proposed 3rd Amendment to the Exclusive Negotiating Agreement for the former Carousel Mall property and moved to continue the item to August 3, 2022.

August 3, 2022 Mayor and City Council approved the 3rd Amendment to the Exclusive Negotiating Agreement (“ENA”) between the City of San Bernardino and the San Bernardino Development Company for the development of former Carousel Mall property.

April 5, 2023 Receive and File update regarding a Notice of Violation received from the State’s Housing and Community Development Division regarding the City-owned former Carousel Mall property.

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FIRST AMENDMENT TO

THE CITY OF SAN BERNARDINO

EXCLUSIVE NEGOTIATION AGREEMENT
Carousel Mall)

THIS FIRST AMENDMENT TO THE EXCLUSIVE NEGOTIATION AGREEMENT Agreement") is dated as ofMarch 13, 2022, for reference purposes only, and is entered into by and between the City of San Bernardino, a public body corporate and politic (" City") and San Bernardino Development Company, LLC, a California limited liability company (" Developer"), to provide a specified period of time to attempt to negotiate a disposition and development agreement. The City and the Developer are sometimes referred to in this Agreement individually, as a " Party" and, collectively, as the " Parties." This Agreement is entered into by the Parties with reference to the following recited facts ( each, a " Recital"):

RECITALS
A The City is the owner of that certain real property located at 295 Carousel Mall, San Bernardino, CA 92401, San Bernardino ( APN ) and more specifically described in Exhibit A ("Property"); and
B The City has an interest in developing the Property and issued a Request for Qualifications; and
C The City received qualification submittals from multiple development teams and after review and clarification has chosen to proceed with Developer; and D The City complied with the Surplus Land Act (" SLA") ( Gov' t Code Section 54220 et seq.) and received confirmation from the California Department of Housing and Community Development on September 2, 2021; and
E The City and Developer entered into the original ENA ("Original ENA") effective September 13, 2021 for a term of 180 days; and
F The Original ENA expires on March 14, 2022 and the parties desire to extend the term ofthe Original ENA administratively as provided for in Section 3( b) ofthe Original ENA for ninety ( 90) days.

NOW, THEREFORE, IN VIEW OF THE GOALS AND OBJECTIVES OF THE CITY

RELATING TO THE SALE AND DEVELOPMENT OF THE PROPERTY AND THE

PROMISES OF THE CITY AND THE DEVELOPER SET FORTH IN THIS AGREEMENT, THE CITY AND THE DEVELOPER AGREE, AS FOLLOWS:

1. Incorporation of Recitals. The Recitals of fact set forth above are true and correct and are incorporated into this Agreement, in their entirety, by this reference. 5097426. 1 - L853. 1
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2. Term. The Term of the ENA is hereby extended administratively pursuant to Section 3( b) ofthe Original Agreement for ninety (90) days and shall now expire on Monday, June 13, 2022, unless extended as provided for in the Original ENA.

3. Affirmation Regarding Absence of Defaults. Each Parry hereby represents and warrants to the other Party that, as of the Effective Date of this First Amendment, the non - representing Party is not in material uncured default ofthe Original ENA and that there have been no events that, with the passage of time, the giving of notice, or both, would constitute an event of default under the Original ENA. Each Parry understands that the foregoing representation and warranty constitutes material consideration to the other Parry for the other Party's entry into this First Amendment.

4. Effectiveness of First Amendment. The rights and duties of the City and the Developer established by this First Amendment shall commence on the first date on which all of the following have occurred: ( 1) execution of this First Amendment by the authorized representative(s) ofthe Developer and delivery of such executed First Amendment to the City, and 2) approval ofthis First Amendment by the City Manager as provided in Section 3 ofthe Original ENA and delivery of such executed First Amendment to the Developer.

5. Effect Upon Original ENA. Except as expressly amended by this First Amendment, the Original ENA remains in full force and effect, unmodified except as otherwise expressly herein provided. Wherever the term " Agreement" appears in the Original ENA, it shall be read and understood to mean the Original ENA as amended by this First Amendment. In the event of any direct conflict or inconsistency between the terms ofthe Original ENA and this First Amendment, the terms ofthis First Amendment shall be controlling to the extent of such conflict or inconsistency.

Signatures on following page]
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THE CITY OF SAN BERNARDINO

FRIST AMENDMENT TO THE EXCLUSIVE NEGOTIATION AGREEMENT
Carousel Mall)
IN WITNESS WHEREOF, the City and the Developer have executed this First Amendment to the Exclusive Negotiation Agreement on the dates indicated next to each of the signatures of their authorized representatives, as appear below.

Dated: 3/ 14/ 22

DEVELOPER -

SAN BERNARDINO DEVELOPMENT

COMPANY, LLC
LIM
Its: Authorized Representative
CITY:

THE CITY 9Z SAN BERNARDINO
By.

ATTEST
By
City Clerk
APPROVED AS TO FORM: -

BEST BEST & KRIEGER, LLP
B
CityAttorney
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: May 3, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Nathan Freeman, Agency Director of Community, Housing,
and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Appeal 23-01 of Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-060 denying Appeal 23-01 thereby upholding the Planning Commission’s denial of Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 not allowing the development, establishment, and operation of a market with a new Alcohol Beverage Control Type 21(Off-Sale General) License within an existing building containing approximately 2,024 square feet (Mikey’s Market) on a parcel containing 0.45 acres located at 1820 W. 5th Street (APN: 0138-081-19) within the Commercial General (CG-1) zone (Attachment 1).

Background
Staff received a request to allow the development, establishment, and operation of a market with an Alcoholic Beverage Control Type 21 (Off-Sale General) License within an existing building, containing approximately 2,024 square feet, on a parcel containing approximately 0.45 acres. The project site is located at 1820 West 5th Street between N. Medical Center Drive and N. Rancho Avenue, APN: 0138-081-18-0000, within the Commercial General-1 (CG-1) in Ward 1.

On January 10, 2023, the Planning Commission considered a request to allow the development, establishment, and operation of the proposed Mikey’s Market. After public comment and discussion, the Planning Commission voted to adopt Resolution No. 2023-002 denying Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 not allowing the development, establishment, and operation of a market with a new Alcohol Beverage Control Type 21(Off-Sale General) License within an existing building containing approximately 2,024 square feet (Mikey’s Market) on a parcel containing 0.45 acres.

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On January 19, 2023 the applicant submitted Appeal 23-01 to appeal the Planning Commission’s denial.

On April 19, 2023 Notices were mailed to the property owners and tenants within 1,000 feet of the subject property, providing the nature of the request, location of the property, the date, time, and place of the Mayor and City Council meeting of May 3, 2023 for Appeal 23-01.

On April 22, 2023 Legal advertisement was published in the San Bernardino Sun Newspaper. (Attachment 5)
Discussion
The subject site is located within Census Tract 43.02 where the California Department of Alcoholic Beverage Control (ABC) license concentration standards allow for a maximum of three (3) off-sale licenses. There are currently five (5) existing active offsale licenses within this census tract resulting in an “over concentration” of two (2) offsale ABC licenses.

Per Section 19.02.050 (Definitions) of the City of San Bernardino Development Code, a Convenience Store is defined as the retail sale of groceries, staples, sundry items, and/or alcoholic beverages where the gross floor area is less than 5,000 square feet.

Mikey’s Market is proposed at approximately 2,024 square feet, which by definition is categorized as a convenience store.

Per Section 19.06.025 (Prohibited Uses) of the City of San Bernardino Development Code, the establishment and operation of a convenience store, if located within a onemile radius of another convenience store, is prohibited. Mikey’s Market would be approximately 2,700 linear feet in distance from the nearest convenience store (West Side Food and Liquor), and approximately 3,500 linear feet from another convenience store (Rancho Ria Liquor). As such, the proposed Mikey’s Market would not satisfy the distancing requirements for convenience stores per Development Code requirements.

Per Section 19.06-Article II (Conditional Use Permits for New Alcoholic Beverage Sales Activities)-Section III-(Locational Restrictions) (A) (2)), a new alcoholic beverage sales activity is not permitted within 500 feet of certain sensitive land uses such as a public parks, playgrounds, recreational areas, or youth facilities, including nursery schools, preschools, or day-care facilities. Mikey’s Market would be 480 linear feet from Nunez Park and the Ruben Campos Community Center (Day Care), which would not satisfy Development Code requirements concerning location restrictions.

Lastly, the San Bernardino Police Department has reviewed the application for the proposed new ABC Type-21 License for the proposed Mikey’s Market and has conducted an investigation based on the information provided and crime statistics within the surrounding area (Attachment 4). The Police Department has indicated that there are a total of 219 reporting districts within the City, and that there was an average Packet Pg. 1303
of 68 crimes per reporting district during the course of the past year. It was determined that the subject reporting district had a total of 91 crimes within a one-year period at the proposed location which only equates to 0.6% versus the City-wide average of 68 crimes per reporting district throughout the City and does not exceed the average percentage to recommend denial. However, the Police Department has not provided a formal recommendation of approval or denial.
2021-2025 Strategic Targets and Goals
Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 does not align with Key Target No. 3: Improve Quality of Life. The proposed new ABC Type21 (Off-Sale General: Beer, Wine, and Distilled Spirits) License in conjunction with the proposed project (Mikey’s Market) may result in adverse effects to the health, peace or safety of persons residing or working in the surrounding area.

Fiscal Impact
There is no fiscal impact to the General Fund associated with this report.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-060 denying Appeal 23-01 thereby upholding the Planning Commission’s denial of Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 not allowing the development, establishment, and operation of a market with a new Alcohol Beverage Control Type 21 (Off-Sale General) License within an existing building containing approximately 2,024 square feet (Mikey’s Market) on a parcel containing 0.45 acres located at 1820 W. 5th Street (APN: 0138-081-19) within the Commercial General (CG-1) zone.

Attachments
Attachment 1 - Resolution 2023-0XX
Attachment 2 - Planning Commission Packet
Attachment 3 - Executed Planning Commission Resolution
Attachment 4 – Presentation
Attachment 5 – SBPD Staff Report
Attachment 6 – Newspaper Publication
Ward:

First Ward
Synopsis of Previous Council Actions:

None
Packet Pg. 1304
Resolution No. 2023-060
Resolution No. 2023-060
May 3, 2023

RESOLUTION NO. 2023-060

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
DENYING APPEAL 23-01 THEREBY UPHOLDING THE
PLANNING COMMISSION’S DENIAL OF CONDITIONAL
USE PERMIT 21-18 AND PUBLIC CONVENIENCE OR
NECESSITY LETTER 21-07 ALLOWING A NEW
ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 21
LICENSE (OFF-SALE GENERAL: BEER, WINE, AND
DISTILLED SPIRITS) LOCATED AT 1820 W. 5TH STREET
(APN: 0138-081-19) WITHIN THE COMMERCIAL
GENERAL (CG-1) ZONE AND FINDING THE STATUTORY

EXEMPTION UNDER THE STATE OF CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

WHEREAS, on September 9, 2021, pursuant to the requirements of Section 19.36.020 (Conditional Use Permits and Minor Use permits) of the City of San Bernardino Development Code, an application for Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 was duly submitted by:

Property Owner: Zhou Hui
1419 Warwick Avenue
Thousand Oaks, CA 91360
Project Applicant: Fernando Castro
2715 W. Foothill Boulevard Suite 1
San Bernardino, CA 92376
Parcel Address: 1820 W. 5th Street
APN: 0138-081-19
Lot Area: 0.45 acres
WHEREAS, Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 is a request for new Alcoholic Beverage Control Type-21 (Off-Sale General: Beer, Wine, and Distilled Spirits) License within an existing vacant building proposed as a convenience store containing approximately 2,024 square feet on a parcel containing approximately 0.45 acres; and WHEREAS, the Planning Division of the Community Development Department has reviewed Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and
WHEREAS, pursuant to requirements of Section 15060 (c) of the California Environmental Quality Act, the Planning Division of the Community Development Department Packet Pg. 1305
Resolution No. 2023-060
Resolution No. 2023-060
May 3, 2023

evaluated Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 and determined that it is exempt from CEQA pursuant to Statutorily Exemption Section 15270 (Projects Which Are Disapproved) of the State CEQA Guidelines; and WHEREAS, on August 22, 2022, pursuant to the requirements of Section 19.44.030 (Project Review) of the City of San Bernardino Development Code, the Development and Environmental Review Committee reviewed the application and moved Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 to the Planning Commission for consideration; and
WHEREAS, on January 10, 2023, the Planning Commission of the City of San Bernardino held a duly noticed public hearing to consider public testimony and the staff report, and adopted Resolution 2023-002 denying Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07; and
WHEREAS, on January 19, 2023, the applicant filed Appeal 23-01 to appeal the Planning Commission’s denial of Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07; and
WHEREAS, notice of the April 19, 2023 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on April 8, 2023, and was mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and
WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearing and Appeals) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07.

NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Compliance with the California Environmental Quality Act. As the decision-making body for the project, the Mayor and City Council has reviewed and considered the information contained in the administrative record for Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Mayor and City Council, the Mayor and City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines, and Packet Pg. 1306
Resolution No. 2023-060
Resolution No. 2023-060
May 3, 2023

(2) In accordance with Public Resources Code Section 21080(b)(5) and Section 15270 (Projects Which are Disapproved) of the CEQA Guidelines, the Mayor and City Council has determined that consideration of Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 is exempt from CEQA due to the fact that the Mayor and City Council is denying Appeal 23-01 thereby upholding the Planning Commission’s denial of Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07; and (3) The determination of CEQA exemption reflects the independent judgment of the Mayor and City Council.

SECTION 3. Findings of Fact – Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07:

Finding No. 1: The proposed alcoholic beverage sales activity establishment is located in a zoning district in which the establishment is a permitted use.

Finding of Fact: Pursuant to Section 19.06.020 (Development Permitted and Conditionally Permitted Uses) and Section 19.06.030(2)(B) (Specific Standards for Commercial Zones – Alcohol Beverage Sales) Article II (Conditional Use Permits for New Alcoholic Beverage Sales Activities) of the City of San Bernardino Development Code, a business with an Alcohol Beverage Control license is a permitted land use within the Commercial General (CG-1) zone, however the subject site in which Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 is proposed is located within Census Tract 43.02 where the California Department of Alcoholic Beverage Control (ABC) license concentration standards allow for a maximum of three (3) off-sale licenses. There are currently five (5) existing active off-sale licenses within this census tract, there is currently an over concentration of two (2) off-sale ABC licenses within this census tract and the approval of the requested ABC Type 21(Off-Sale General) license would add to the overconcentration. The subject property under Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 would not satisfy the distancing requirements for convenience stores within proximity of a one-mile radius of another convenience store nor the distancing restrictions from a sensitive land use (a park) per Development Code requirements Section III(A)(1)(2) (Locational Restrictions) as follows:
✓ West Side Food and Liquor - 856 Medical Center Drive
(approximately 2,700 feet away)
✓ Rancho Ria Liquor - 2000 W. Rialto Boulevard (approximately 3,500 feet away)
✓ Nunez Park and Ruben Campos Community Center - 1717 W. 5th Street Park (approximately 480 feet away)
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Resolution No. 2023-060
May 3, 2023

Therefore, Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 is not consistent with the requirements of the City’s Development Code.

Finding No. 2: Finding or Public Convenience or Necessity (Business and Professions Code Section 23958.4 (b) (2), if the activity will be located in an area that has been determined by the State of California Department of Alcoholic Beverage Control to have an undue concentration of licenses as defined in Business and Professions Code Section 23958.4 (a).

Finding of Fact: The proposed project is not consistent with the Business and Professionals Code Section 23958.4(b)(2). Within Census Tract 43.02, the California Department of Alcoholic Beverage Control (ABC) license concentration standards allow for a maximum of three (3) off-sale licenses. There are currently five (5) existing active off-sale licenses within this census tract (43.02) and currently an over concentration of two (2) off-sale ABC licenses.

Finding No. 3 A finding that the alcoholic beverage sales activity will not aggravate existing problems in the neighborhood created by the sales of alcohol such as loitering, public drunkenness, alcoholic beverage sales to minors, noise, and littering.

Finding of Fact: The Police Department has reviewed the application for the proposed new ABC Type-21 (Off-Sale General: Beer, Wine, and Distilled Spirits) License for the proposed project “Mikey’s Market”, and conducted an investigation based on the information provided and crime statistics within the surrounding area (Attachment E). The Police Department has indicated that there are a total of 219 reporting districts within the city, and that there was an average of 68 crimes per reporting district during the course of the past year. It was determined that the subject reporting district had a total of 91 crimes within a one-year period at the proposed location which only equates to .6% versus the City-wide average of 68 crimes per reporting district throughout the city and does not exceed the average percentage to recommend denial. However, the Police Department has not provided a recommendation of approval or denial.

Finding No. 4 Their proposed establishment will not detrimentally affect nearby neighborhoods considering the distance of the alcohol establishment to residential buildings, schools, parks, playgrounds or recreational uses, nonprofit youth facilities, places of worship, hospitals, alcohol or other drug abuse recovery or treatment facilities, county social service offices, or other alcoholic beverage sales activity establishments.

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Resolution No. 2023-060
Resolution No. 2023-060
May 3, 2023

Finding of Fact: The proposed Mikey’s Market with a new Alcoholic Beverage Control Type-21 (Off-Sale General: Beer, Wine, and Distilled Spirits) License is within a one-mile radius of a convenience store and less than 1000 feet from a sensitive land use which is basis for denial per Development Code Section 19.06.025 (Prohibited Uses) and Section 19.06-Article II (Conditional Use Permits for New Alcoholic Beverage Sales Activities)- Section III-(Locational Restrictions) (A) (2).

Finding No. 5: The proposed establishment will otherwise be compatible with existing and potential uses within the general area.

Finding of Fact: The proposed new Alcoholic Beverage Control Type-21 (Off-Sale General: Beer, Wine, and Distilled Spirits) License in conjunction with Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 would not satisfy the distancing requirements for convenience stores per Development Code requirements. Therefore, Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 would not be compatible with existing and potential land uses within the general area.

Finding No. 6: The proposed establishment is not located in what has been determined to be a high-crime area or where a disproportionate number of police service calls occur.

Finding of Fact: The Police Department has reviewed the application for the proposed new ABC Type-21 (Off-Sale General: Beer, Wine, and Distilled Spirits) License for the proposed project “Mikey’s Market”, and conducted an investigation based on the information provided and crime statistics within the surrounding area (Attachment E). However, the Police Department has not provided a recommendation of approval or denial.

Finding No. 7 The use of the proposed establishment is consistent with the General Plan.

Finding of Fact: The subject property under Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 would not satisfy the distancing locational requirements for convenience stores per Development Code requirements. Therefore, Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 is not consistent with the requirements of the City’s General Plan per Section 19.06.025 (Prohibited Uses) and Section 19.06-Article II (Conditional Use Permits for New Alcoholic Beverage Sales Activities)-Section III-(Locational Restrictions) (A) (2).

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Resolution No. 2023-060
Resolution No. 2023-060
May 3, 2023

SECTION 4. The documents and materials associated with this Resolution and that constitute the record of proceedings on which these findings are based are located at 290 North D Street, San Bernardino, CA 92401. The City Clerk is the custodian of the record of proceedings.

SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 6. 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 3rd day of May 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
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Resolution No. 2023-060
Resolution No. 2023-060
May 3, 2023

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. 2023-060, adopted at a regular meeting held on the 3rd day of May, 2023 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 4th day of May 2023.
_____________________________
Genoveva Rocha, CMC, City Clerk
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ATTACHMENT C – LOCATION/ZONING MAP

CITY OF SAN BERNARDINO

PLANNING DIVISION
PROJECT: CUP 21-18 and PCN 21-07

LOCATION MAP
HEARING DATE: January 10, 2023

NORTH
Project site
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ATTACHMENT D – AERIAL MAP
––-

CITY OF SAN BERNARDINO

PLANNING DIVISION
PROJECT: CUP 21-18 and PCN 21-07

AERIAL MAP
HEARING DATE: January 10, 2023

NORTH

PROJECT SITE
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Appeal 23-01 of Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07
Presented by: David Murray, Deputy Director/City Planner Community, Housing, and Economic Development Department Packet Pg. 1347
Background
• Staff recently received a proposal for the development, establishment, and operation of Mikey’s Market with an Alcoholic Beverage Control Type 21 (Off-Sale General) license within a 2,024 SF existing building on a 0.45-acre parcel.
• The subject site is located at 1820 West 5th Street between N.

Medical Center Drive and N. Rancho Avenue, within the Commercial General-1 (CG-1) zone in Ward 1.
• January 2023: Planning Commission voted to adopt Resolution No. 2023-002, denying a new Alcohol Beverage Control Type 21 License in conjunction with the proposed Mikey’s Market.

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Aerial Map
Nunez Park
Ruben Campos
Community Center
Subject Site
West 5th Street
Flores Street
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Location/Zoning Map
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Denial Considerations
• Exceeds the 3 licenses allowed.
• Defined as Convenience Store.
• Proximity to Nunez Park and Ruben Campos Community
Center.
• Not Compatible.

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Distancing: Rancho Ria Liquor
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Distancing: West Side Liquor
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• That the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-002 of the Planning Commission of the City of San Bernardino, California, denying Conditional Use Permit 21-18 and Public Convenience or
Necessity Letter 21-07, denying a new Alcoholic Beverage Control Type-21 (Off-Sale General) License in conjunction with the proposed Mikey’s Market located at 1820 W. 5th Street.

Recommendation
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This space for filing stamp only
OR#:

O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841

PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of Orange ) ss
Notice Type:

Ad Description:

I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:

Executed on: 10/10/2004
At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Signature

SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 3692554
Jessica Nametz

CITY OF SAN BERNARDINO/DEVELOPMENT SER
300 NORTH D ST #300
SAN BERNARDINO, CA - 92418

HRG - NOTICE OF HEARING
NOTICE OF PUBLIC HEARING MCC 5.3.23
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
04/22/2023
04/24/2023

SAN BERNARDINO
!A000006292561! Email

NOTICE OF PUBLIC HEARING

BEFORE THE MAYOR AND

CITY COUNCIL
Notice is hereby given that the City
of San Bernardino Mayor and City
Council will hold a public hearing on
Wednesday, May 3, 2023 at 7:00
p.m. in the Feldheym Public
Library, Bing Wong Auditorium, 555
W. 6th Street, San Bernardino,
California 92410, on the following
item(s):

APPEAL 23-01 FOR
CONDITIONAL USE PERMIT 21-
18 AND PUBLIC CONVENIENCE
OR NECESSITY LETTER 21-07- A
request to allow the development,
establishment, and operation of a
market with an Alcoholic Beverage Control Type 21 (Off-Sale General) License within an existing building
containing approximately 2,024
square feet on a parcel containing
approximately 0.45 acres. The
project site is located at 1820 West 5th
Street between N. Medical Center
Drive and N. Rancho Avenue, Ward

1. Environmental Determination:

Statutorily Exempt, pursuant to
Section 15270 (Projects Which Are Disapproved) of the State CEQA Guidelines.

Applicant: Fernando Castro Owner: Zhou Hui
APPEAL 23-02 FOR
CONDITIONAL USE PERMIT 22-
12, AND MINOR EXCEPTION 22-
04 -- A request to allow the
development of, establishment, and
operation of a self-storage facility
comprised of two (2) multi-story
buildings containing a total of approximately 109,000 square feet, and approve a ten (10) percent
increase in building height from
thirty (30) feet to thirty (33) feet.

The project site is located at 1534 W.

Highland Avenue (APN: 0148-174-04,
10, 11, and 15 through 18), within the
Commercial General (CG-1) zone. Ward 6
Environmental Determination:

Categorically Exempt, pursuant to
Section 15332 (In-Fill Development
Projects) of the State CEQA
Guidelines
Applicant: SAFStor Real Estate Co,
LLC
Owner: Annabi, William N & Nellie
N Living Trust
The Mayor and City Council of the
City of San Bernardino welcomes
your participation in evaluating
these items. The Mayor and City
Council will review the proposal and
will consider the proposed
environmental determination in
making its decisions. The public is
welcome to speak at the public hearing or to submit written comments prior to the hearing. For
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more information, please contact
the City Clerk's Office by phone at
(909) 384-5002. If you challenge the resultant action
of the Mayor and City Council in
court, you may be limited to raising
only those issues you or someone
else raised at the public hearing
described in this notice, or in written
correspondence delivered to the City
Planning Division at, or prior to, the
public hearing.

Submitted: April 18, 2023
Publish: April 22, 2023 (Legal Ad)
Please send first proof for
verification or changes by e-mail to
Jessica Nametz:
[email protected]. Please
reference ‘‘MCC Legal Ad’’ on the
billing and send to the City of San
Bernardino, Planning Division, 290
North D Street, San Bernardino, CA
92401.
4/22/23
SBS-3692554#
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: May 3, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Nathan Freeman, Agency Director of Community, Housing,
and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Appeal 23-02 for Conditional Use Permit 22-13 and Minor Exception 22-04
Recommendation:

Adopt Resolution No. 2023-061 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 23-02 thereby upholding Planning Commission’s denial of Conditional Use Permit 22-13 and Minor Exception 22-04 to allow the development, establishment, and operation of a self-storage facility comprised of two (2) multi-story buildings containing a total of approximately 109,000 square feet, and a ten (10) percent increase in the building height from thirty (30) feet to thirty-three (33) feet located at 1534 W. Highland Avenue (APN: 0148-174-04, 10, 11, 15 through 18), within the Commercial General (CG-1) zone.

Background
On January 10, 2023, the Planning Commission considered a proposal for a Subdivision, Conditional Use Permit, and Minor Exception to allow for a self-storage facility at 1534 W. Highland Avenue. At the hearing, the Commissioners expressed the following concerns:
• The proposed land use will create a saturation of similar non-retail uses on a major commercial retail corridor;
• The proposed land use is not compatible with retail uses located on a major commercial retail corridor; and
• The proposed land use design and architecture is industrial in nature and not compatible with commercial retail uses located along a major commercial retail corridor.

Pursuant to Section 2.22.030 (Quorum and Vote Required) of the City of San Bernardino Municipal Code, five (5) members of the City Planning Commission shall Packet Pg. 1361
constitute a quorum for the transaction of business. Action granting approval of any matter, except General Plan amendments, and amendments to the Municipal Code, must be taken by a majority vote of commissioners in attendance, and a failure to do so results in an automatic denial of the pending matter. Out of seven (7) Commissioners present, the motion to approve only received three (3) votes, which is not a majority. As a result of the lack of a majority vote taken, the motion failed, and Subdivision 22-08, Conditional Use Permit 22-12 and Minor Exception 22-04 thereby was denied.

Subsequently, in accordance with Section 19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code, the applicant filed Application for Appeal 23-02 within the 15-day appeal period of the decision taken by the Planning Commission denying Subdivision 22-08, Conditional Use Permit 22-12 and Minor Exception 22-04.

However, due to delays in the ratification of the Planning Commission’s decision taken on January 10, 2023, Application for Appeal 23-02 was deferred until the Resolution outlining the findings for denial could be adopted by the Planning Commission at a future hearing.

During the January 10, 2023, Planning Commission public hearing, the Planning Commission did not make any comments expressing opposition to Subdivision 22-08 but instead focused on its opposition to the proposed land use associated with Conditional Use Permit 22-12 and Minor Exception 22-04. Therefore, no findings could be made to deny Subdivision 22-08 and Resolution No. 2023-012 was prepared for approval of Subdivision 22-08, while Resolution No. 2023-006 was revised to ratify the Planning Commission’s decision to deny Conditional Use Permit 22-12 and Minor Exception 22-04.

On March 14, 2023, the Planning Commission took two actions:

1. Adopted Resolution No. 2023-012 of the Planning Commission of the City of San Bernardino, California, approving Subdivision 22-08.

2. Adopted Resolution No. 2023-006 of the Planning Commission of the City of San Bernardino, California, denying Conditional Use Permit 22-12 and Minor Exception 22-04.

In adopting Resolution No. 2023-006, ratifying the denial for Conditional Use Permit 22-12 and Minor Exception 22-04, the Planning Commission ratified the denial with a motion of six (6) to one (1) votes, carrying the latest motion.

Subsequently, on April 4, 2023, the applicant submitted a letter revising Appeal 23-02 removing Subdivision 22-08 from the appeal while maintaining the appeal for the Planning Commission’s denial of Conditional Use Permit 22-12 and Minor Exception 22-04.

Discussion
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Appeal Grounds
On January 25, 2023, an Application for Appeal 23-02 was filed. The specific grounds for the appeal are summarized as follows:

1. The Project is consistent with the City’s Development Code and General Plan Goals and Policies and will be catalyst for future development projects.

2. SAFStor is investing in the community where there is demand for modern climate-controlled storage facilities that will set high standards for additional new development on Highland Avenue.

3. The Facility will be a modern, state-of-the-art development project that will foster additional development interest to the area.

4. SAFStor partners with the community to provide storage units to those in need.

Based on the information provided, the applicant is requesting that the Mayor and City Council uphold Appeal 23-02, thereby denying the Planning Commission’s denial of Conditional Use Permit 22-12 and Minor Exception 22-04, and allow the development, establishment, and operation of a self-storage facility comprised of two (2) multi-story buildings containing a total of approximately 109,000 square feet, and a ten (10) percent increase in the building height from thirty (30) feet to thirty-three (33) feet located at 1534 W. Highland Avenue (APN: 0148-174-04, 10, 11, 15 through 18), within the Commercial General (CG-1) zone.

Project Description/Analysis
The proposed self-storage facility, comprised of two (2) multi-story buildings, is consistent with the policies of the City’s General Plan and complies with the Development Standards of the City of San Bernardino Development Code for the Commercial General (CG-1) and uses. Per Section 19.06.020 (Commercial Zones – Development Permitted and Conditionally Permitted Uses) of the San Bernardino Development Code, self-storage facilities are permitted subject to the approval of a Conditional Use Permit.

Additionally, per section 19.58.030 (Minor Exceptions – Applicability) of the San Bernardino Development Code, a ten (10) percent exception may be allotted to allow for an increase in building height from thirty (30) feet to thirty-three (33). Section

19.06.030(1) (Commercial Zones – Development Standards) of the San Bernardino Development, the development of a new structure shall be a maximum of thirty (30) feet in height within the Commercial General (CG-1) zone. Proposed structure heights exceeding thirty (30) feet in height are subject to approval of a Minor Exception with appropriate Conditions of Approval and CEQA determination. The proposed project consists of the construction of two (2) thirty-three (33) foot structures to exceed the maximum permitted height of thirty (30) feet for the development of a self-storage facility.

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Currently, there are existing easements on the property that create additional constraints on project design. Two (2) easements are for on-site sewer and water lines that service abutting properties to the north and east of the project site. One (1) easement provides access for an existing on-site telecommunications facility. Due to these additional constraints, the self-storage facility was designed to be comprised of two (2) multi-story buildings instead of one (1) building. Additionally, the proposed building heights were increased to up to three (3) feet in order to accommodate mechanical, electrical and plumbing equipment. Therefore, the additional three (3) feet is necessary in order to allow the property to enjoy improvements enjoyed by other property in the vicinity and under identical zone classification.

The project site will have two (2) points of access, with the main point of access from W. Highland Avenue and the secondary point of access from Cabrera Avenue. The internal site circulation has been designed to adequately accommodate on-site vehicular circulation and access to off-street parking areas. The project will provide up to seventeen (17) parking spaces which include two (2) accessible parking spaces, and four (4) loading spaces.

Architecture
The proposed two (2) buildings will incorporate a modern contemporary design with an approximately 900 square foot internal management office and 800 individually partitioned self-storage units varying in size and accessed using interior pedestrian corridors and freight elevators. The exterior elevations will integrate a variation of finish materials which include veneer stone elements consisting of imperial stack graphite, ALPOLIC metal composites powder-coated blue, narrow and wide metal gray-colored panels, stucco gray finishes, and canopies and coping to match the gray and blue colors. Facade vertical breaks and pop-ups have been incorporated to screen roof mounted equipment and provide relief to the buildings’ mass.

Landscaping
The proposed project will provide new landscaped areas along W. Highland Avenue and Cabrera Avenue, and a decorative six (6) high block wall along the north and east side of the property. Additional landscape will be provided along the internal building areas and off-street parking. The landscape for the project will consist of various trees ranging in size, with 48-inch and 36-inch box size Velvet Ash and Pink Flowering Locust along Cabrera Avenue and frontage areas of W. Highland Avenue. In the internal off-street parking areas to include the two (2) proposed catch basins, there will be predominantly 24-inch box Chitalpa trees with mixture of 1-gallon and 5-gallon shrubs.

Operations
The proposed self-storage facility will be accessed 24 hours a day, seven (7) days a week. The office will be open Monday through Friday between the hours of 9:00 a.m. to 9:00 p.m. The facility will incorporate security cameras at the loading areas and other key locations throughout the site with one (1) to two (2) employees per shift.

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Traffic
The City's Traffic Engineering Division has reviewed the proposed project scope study form for Levels of Service (LOS), and the Vehicle Miles Traveled (VMT) assessment.

Based on the size of the project and number of trips generated, the Traffic Engineer has determined that the proposed project will not have a significant impact on the surrounding roadways or intersections.

California Environmental Quality Act (CEQA)
Pursuant to Section 15270(a) of the CEQA Guidelines, “CEQA does not apply to projects which a public agency rejects or disapproves.” Therefore, based upon the action of the Planning Commission, CEQA does not apply to the denial of Appeal 23- 02 for the denial of Conditional Use Permit 22-12 and Minor Exception 22-04. 2021-2025 Strategic Targets and Goals
Appeal 23-02 for Conditional Use Permit 22-13 and Minor Exception 22-04 does not align with Key Strategic Goal 3. Improved Quality of Life. The proposed development will create a saturation of similar non-retail uses whose design and architecture is industrial in nature and not compatible with commercial retail uses located along a major commercial retail corridor. Therefore, the proposed development will not create a benefit to the surrounding businesses and residential neighborhood.

Fiscal Impact
There is no financial impact associated with this item.

Conclusion
Adopt Resolution No. 2023-061 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 23-02 thereby upholding Planning Commission’s denial of Conditional Use Permit 22-13 and Minor Exception 22-04 to allow the development, establishment, and operation of a self-storage facility comprised of two (2) multi-story buildings containing a total of approximately 109,000 square feet, and a ten (10) percent increase in the building height from thirty (30) feet to thirty-three (33) feet located at 1534 W. Highland Avenue (APN: 0148-174-04, 10, 11, 15 through 18), within the Commercial General (CG-1) zone.

Attachments
Attachment 1 Resolution No. 2023-061 (Denying Appeal 23-02) Attachment 2 Resolution No. 2023-061, Exhibit A - Plans Attachment 3 Planning Commission Resolution No. 2023-006 (Denying CUP 22-12 and ME 22-04)
Attachment 4 Application for Appeal 23-02, Dated January 25, 2023 Attachment 5 Revised Appeal 23-02 Letter, Dated April 4, 2023 Attachment 6 Power Point
Attachment 7 Newspaper Publication
Ward:

Sixth Ward
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Synopsis of Previous Council Actions:

None
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Resolution No. 2023-061
Resolution No. 2023-061
May 3, 2023

RESOLUTION NO. 2023-061

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
DENYING APPEAL 23-02 THEREBY UPHOLDING
PLANNING COMMISSION’S DENIAL OF CONDITIONAL
USE PERMIT 22-13 AND MINOR EXCEPTION 22-04 TO

ALLOW THE DEVELOPMENT, ESTABLISHMENT, AND

OPERATION OF A SELF-STORAGE FACILITY
COMPRISED OF TWO (2) MULTI-STORY BUILDINGS
CONTAINING A TOTAL OF APPROXIMATELY 109,000
SQUARE FEET, AND A TEN (10) PERCENT INCREASE IN
THE BUILDING HEIGHT FROM THIRTY (30) FEET TO
THIRTY (33) FEET LOCATED AT 1534 W. HIGHLAND
AVENUE (APN: 0148-174-04, 10, 11, 15 THROUGH 18),
WITHIN THE COMMERCIAL GENERAL (CG-1) ZONE.

WHEREAS, on July 11, 2022, pursuant to the requirements of Chapter 19.66 (Subdivision Maps), Chapter 19.36 (Conditional Use Permits), and Chapter 19.58 (Minor Exceptions) of the City of San Bernardino Development Code, an application for Subdivision 22-08, Conditional Use Permit 22-12 and Minor Exception 22-04 was duly submitted by:

Owner: Annabi William N & Nellie N LIV TR
1032 Marcheta Street
Altadena, CA 91001
Applicant: SAFStor Real Estate Co, LLC
355 Oneta Street, Suite D100
Athens, GA 30601
Property Address: 1534 W. Highland Avenue
APN: 0148-174-04, 10, 11, 15 through 18
Lot Area: 2.43 acres
WHEREAS, Subdivision 22-08, Conditional Use Permit 22-12 and Minor Exception 22- 04 is a request to allow the consolidation of seven (7) parcels into one (1) parcel (Tentative Parcel Map 20628) containing a total of approximately 2.43 acres to allow the development, establishment, and operation of a self-storage facility comprised of two (2) multi-story buildings containing a total of approximately 109,000 square feet, and approve a ten (10) percent increase in building height from thirty (30) feet to thirty (33) feet; and WHEREAS, the Planning Division of the Community and Economic Development Department has reviewed Subdivision 22-08, Conditional Use Permit 22-12 and Minor Exception 22-04 for consistency with the City of San Bernardino General Plan, and compliance with the City of San Bernardino Development Code; and
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Resolution No. 2023-061
Resolution No. 2023-061
May 3, 2023

WHEREAS, on January 10, 2023, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals) of the City of San Bernardino Development Code, the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Subdivision 22-08, Conditional Use Permit 22-12 and Minor Exception 22-04 and at which meeting the Planning Commission considered Subdivision 22-08, Conditional Use Permit 22-12 and Minor Exception 22-04; and WHEREAS, on January 10, 2023, during said duly public hearing, after public testimony and deliberation among the Planning Commissioners, Commissioner Quiel made a motion to adopt Resolution No. 2023-006 approving Subdivision 22-08, Conditional Use Permit 22-12 and Minor Exception 22-04 based on the Findings of Fact presented, Commissioner Morales seconded the motion; and
WHEREAS, the motion failed by the following vote:

Ayes: Quiel, Morales, Guerrero
Nays: Lopez, Flores, Armstead, Lewis

Absent: Garcia
WHEREAS, at the January 10, 2023 Planning Commission meeting, the Commission listed various reasons for denying the project, including that the proposed land use will create a saturation of similar non-retail uses on a major commercial retail corridor, that the proposed land use is not compatible with retail uses located on a major commercial retail corridor, and that the proposed land use design and architecture is industrial in nature and not compatible with commercial retail uses located along a major commercial retail corridor; and WHEREAS, on January 25, 2023, pursuant to the requirements of Section 19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code, the applicant submitted an application for Appeal No. 23-02 of the decision taken by the Planning Commission denying Subdivision 22-08, Conditional Use Permit 22-12 and Minor Exception 22-04; and WHEREAS, at the January 10, 2023 Planning Commission meeting, the Commission did not make any comments expressing opposition to the subdivision but instead focused its opposition on the proposed land use; and
WHEREAS, Resolution No. 2023-012 was prepared for approval of Subdivision 22-08 since no findings could be made for denial, while Resolution No. 2023-006 was revised to ratify the Planning Commission’s decision to deny Conditional Use Permit 22-12 and Minor Exception 22-04; and
WHEREAS, on March 14, 2023, the Planning Commission took two actions: 1) adopted Resolution No. 2023-012 of the Planning Commission of the City of San Bernardino, California, approving Subdivision 22-08, and 2) adopted Resolution No. 2023-006 of the Planning Commission of the City of San Bernardino, California, denying Conditional Use Permit 22-12 and Minor Exception 22-04; and
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Resolution No. 2023-061
Resolution No. 2023-061
May 3, 2023

WHEREAS, on April 4, 2023, the applicant submitted a letter revising Appeal 23-02 removing Subdivision 22-08 from the appeal while maintaining the appeal for the Planning Commission’s denial of Conditional Use Permit 22-12 and Minor Exception 22-04; and WHEREAS, notice of the May 3, 2023 public hearing for the Mayor and City Council's consideration of the proposed Resolution for Appeal 23-02 for Conditional Use Permit 22-12 and Minor Exception 22-04 was published in The Sun newspaper on April 22, 2023, and was mailed to owners of property and tenants located within 1,000 feet of the subject property of the holding of the public hearing in accordance with Chapter 19.52 (Hearings and Appeals) of the City of San Bernardino Development Code; and
WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals) and Chapter 19.36 (Conditional Use Permits) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to take action on Appeal 23-02 for Conditional Use Permit 22-12 and Minor Exception 22-04.

NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Compliance with the California Environmental Quality Act. As the decisionmaking body for the project, the Mayor and City Council have reviewed and considered the information contained in the administrative record for Conditional Use Permit 22-12 and Minor Exception 22-04. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Mayor and City Council, the Mayor and City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines;
(2) In accordance with Section 15270 (Projects Which are Disapproved) of the CEQA Guidelines, the Planning Commission has determined that consideration of Conditional Use Permit 22-12 and Minor Exception 22-04 is exempt from CEQA due to the fact that the Planning Commission is denying Conditional Use Permit 22-12 and Minor Exception 22-04; and (3) The determination of CEQA exemption reflects the independent judgment of the Planning Commission.

SECTION 3. Findings of Fact – Conditional Use Permit 22-12.

Finding No. 1: The proposed use is conditionally permitted within, and would not impair the integrity or character of, the subject land use district and complies with all of the applicable provisions of the Development Code.

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Resolution No. 2023-061
Resolution No. 2023-061
May 3, 2023

Finding of Fact: The proposed project is a conditionally permitted use, pursuant to Development Code Section 19.06.030(L)(14) and Section 19.06.030(2)(M).

The project site is located in the Commercial General (CG-1) zone and is substantially surrounded by existing commercial uses. The proposed development will comply with all applicable Development Code standards, such as parking landscaping, building setbacks and height, etc.

Furthermore, the development of the subject property will enhance the appearance of the currently underutilized property with the construction of the new commercial development with associated landscaping and on-site improvements. Although the development of the proposed self-storage facility complies with the development standards of the City’s Development Code, the development, establishment, and operation of a self-storage facility would create a saturation of land use design and architecture that is industrial in nature and would not be harmonious or compatible to the General Plan area within this subject vicinity. The subject vicinity is not a commercial retail use located along a major commercial retail corridor. As such, allowing the development, establishment, and operation of a selfstorage facility in the subject vicinity would hinder the establishment of economically sound community-serving regional retail outlets along a major commercial retail corridor. Therefore, the project would impair the integrity and character of the subject land use district and be detrimental to surrounding properties.

Finding No. 2: The proposed use is consistent with the General Plan.

Finding of Fact: General Plan Land Use Element Policy 2.2.1: Ensure compatibility between land uses and quality design through adherence to standards and regulations in the Development Code and policies and guidelines in the Community Design Element.

General Plan Land Use Element Goal 2.4: Enhance the quality of life and economic vitality in San Bernardino by strategic in-fill of new development and revitalization of existing development.

General Plan Economic Development Element Policy: Maintain and enhance commercial regional cores and economically sound communityserving commercial concentrations by attracting new regional outlets, maintaining the existing regional retail base, and stabilizing the future regional retail base.

The proposed project is a conditionally permitted use, pursuant to Development Code Section 19.06.030(L)(14) and Section 19.06.030(2)(M).

The project site is located in the Commercial General (CG-1) zone and is substantially surrounded by existing commercial uses. Although the proposed project is a conditionally permitted use within the Commercial General (CG-1) zone and is substantially surrounded by existing Packet Pg. 1370
Resolution No. 2023-061
Resolution No. 2023-061
May 3, 2023

commercial uses, the development, establishment, and operation of a selfstorage facility would not be compatible with retail uses located on a major commercial retail corridor since the land use design and architecture is industrial in nature and not compatible with the City’s westside gateway area. Additionally, the saturation of similar non-retail land uses along a major commercial corridor that is a gateway to the City’s westside area would hinder the establishment of economically sound community-serving regional retail outlets that would deprive the area of strategically in-filling sites with retail development. Therefore, the development, establishment, and operation of a self-storage facility would not be compatible to the General Plan area within the subject vicinity as it is not a commercial retail use located along a major commercial retail corridor that would foster longterm retail economic growth.

Finding No. 3: Approval of the Conditional Use Permit for the proposed use complies with the requirements of the CEQA and §19.20.030(6) of the Development Code.

Finding of Fact: As previously mentioned, in accordance with Section 15270 (Projects Which are Disapproved) of the CEQA Guidelines, the Planning Commission has determined that consideration of Conditional Use Permit 22-12 and Minor Exception 22-04 is exempt from CEQA due to the fact that the Planning Commission is denying Conditional Use Permit 22-12 and Minor Exception 22-04.

Finding No. 4: There will be no potentially significant negative impacts on environmental quality or natural resources that could not be properly mitigated and monitored.

Finding of Fact: The project site is located within an urbanized area and is surrounded by existing commercial development. Therefore, no significant negative impacts on the environment are anticipated to result from the proposed development.

Finding No. 5: The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City.

Finding of Fact: Although, the proposed design is in compliance with the Development Code requirements that are applicable to location, height and setbacks for commercial development, provides two (2) points of access with the main point of access from W. Highland Avenue and the secondary point of access from Cabrera Avenue, and has internal site circulation to adequately Packet Pg. 1371
Resolution No. 2023-061
Resolution No. 2023-061
May 3, 2023

accommodate on-site vehicular circulation and access to off-street parking areas, the proposed development, establishment, and operation of a selfstorage facility at this location would not be harmonious or compatible with the land use district or General Plan area within this subject vicinity as it is not a commercial retail use located along a major commercial retail corridor.

Additionally, the land use design and architecture being industrial in nature will create a saturation of similar uses that would not provide economically sound community-serving regional retail outlets along a major commercial retail corridor.

Finding No. 6: The subject site is physically suitable for the type and density/intensity of use being proposed.

Finding of Fact: The site is physically suitable for the type and density/intensity of the project being proposed as evidenced by project compliance with the applicable Development Code standards. The proposed building meets all setback and height requirements. The size of the project site is adequate to accommodate the proposed improvements, in compliance with the requirements of the Development Code.

Finding No. 7: There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health or safety.

Finding of Fact: The project site will have two (2) points of access with the main point of access from W. Highland Avenue and the secondary point of access from Cabrera Avenue. The internal site circulation has been designed to adequately accommodate on-site vehicular circulation and access to offstreet parking areas. All agencies responsible for reviewing access and providing water, sanitation and other public services to the site have had the opportunity to review the proposal, and none indicated inability to serve the project site. Establishment of the proposed project, subject to Conditions of Approval, will not be detrimental to public services or public health and safety.

SECTION 4. Findings of Fact – Minor Exception 22-04. Section 19.58.50 of the City of San Bernardino Development Code requires that Minor Exception applications meet certain findings prior to approval. Conditional Use Permit 22-12 was filed in conjunction with Minor Exception 22-04. Since the Conditional Use Permit 22-12 for the development, establishment, and operation of a self-storage facility would create a saturation of land use design and architecture that is industrial in nature and would not be harmonious or compatible to the General Plan area within this subject vicinity for the reasons stated herein above in Section 3, Minor Exception 22- 04, being contingent on the approval of Conditional Use Permit 22-12, is now moot. Accordingly, the consideration of Minor Exception 22-04’s meeting the following findings is a moot exercise.

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Resolution No. 2023-061
Resolution No. 2023-061
May 3, 2023

Finding No. 1 That there are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this Development Code deprives such property of privileges enjoyed by other property in the vicinity and under identical zone classification.

Finding No. 2 That granting the Minor Exception is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property for which the Minor Exception is sought.

Finding No. 3 That granting the Minor Exception will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located.

Finding No. 4 That granting the Minor Exception does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located.

Finding No. 5 That granting the Minor Exception does not exceed 10% of the standard(s) being modified, or allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel.

Finding No. 6 That granting the Minor Exception will not be inconsistent with the General Plan.

SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of May, 2023.

Helen Tran, Mayor
City of San Bernardino
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Resolution No. 2023-061
Resolution No. 2023-061
May 3, 2023

Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
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Resolution No. 2023-061
Resolution No. 2023-061
May 3, 2023

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. 2023-061, adopted at a regular meeting held on the 3rd day of May 2023 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 4th day of May 2023.

Genoveva Rocha, CMC, City Clerk
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Δ W HIGHLAND AVE
CABRERA AVE X PROP. BASIN PROPOSED BLDG 1 FF 1216.00 PROPOSED BLDG 2 FF 1213.70 PROP. BASIN DEVELOPMENT SERVICES CITY OF SAN BERNARDINO 660 S FIGUEROA STREET, SUITE 2050, LOS ANGELES, CA 90017 PHONE: 213-261-4040 WWW.KIMLEY-HORN.COM © 2022 KIMLEY-HORN AND ASSOCIATES, INC. LEGEND PAVEMENT LEGEND CONSTRUCTION NOTES NORTH NORTH PROJECT TEAM SITE INFORMATION LEGAL DESCRIPTION EASEMENT NOTES KEY NOTES: WALL TYPE GENERAL NOTES: GENERAL NOTES: TOTAL SF 108,972 WEST BUILDING SF 54,645 EAST BUILDING SF 54,327 78,733 SF/108,972 = 72.3% COUNT OVERALL UNIT MIX SCHEDULE UNIT TYPE RENTABLE AREA PERCENT 85262 236 67 5X5 7X10 7.5X10 10X10 10X20 2125 140 4650 23600 13400 03% 06% 30% 17% UNIT 1234568 2 7X12 168 <01% TOTAL: 806 78733 100% 9 23 10X30 6900 09% 216 5X10 10800 14% 7 113 10X15 16950 21% COUNT FIRST LEVEL UNIT MIX SCHEDULE UNIT TYPE RENTABLE AREA PERCENT 12-101715 5X5 7X10 7.5X10 10X10 10X20 300- 750 1700 3000 02%- 05% 13% 23% UNIT 1234568 - 7X12 - - TOTAL: 116 13300 100% 9 9 10X30 2700 20% 31 5X10 1550 12% 7 22 10X15 3300 25% <01% EAST BUILDING AREA PER 1ST LEVEL SF 18,109 COUNT EAST BUILDING - UNIT MIX SCHEDULE UNIT TYPE RENTABLE AREA PERCENT 54-31 106 33 5X5 7X10 7.5X10 10X10 10X20 1350 - 2325 10600 6600 03%- 06% 27% 17% UNIT 123456 - 7X12 - TOTAL: 415 39675 100% 9 9 10X30 2700 07% 112 5X10 5600 14% 70 10X15 10500 26%- 1 FIRST LEVEL FLOOR PLAN - EAST BUILDING 1/8" = 1'-0" KEY PLAN 87 CHECKED: PROJECT NO: DATE: REVISIONS NO DATE REMARKS DRAWN: SEAL: SAFSTOR 1534 WEST HIGHLAND AVE. SAN BERNARDINO, CA 2021.1185 DAVID BOYCE RESERVES COPYRIGHT & OTHER RIGHTS RESTRICTING THESE DOCUMENTS TO THE ORIGINAL SITE OR PURPOSE FOR WHICH THEY WERE PREPARED. REPRODUCTIONS, CHANGES OR ASSIGNMENTS ARE PROHIBITED. DAVID BOYCE ARCHITECT 220 E. CENTRAL PKWY, STE 4000 ALTAMONTE SPRINGS, FL 32701 407.645.5008 THIS DOCUMENT IS NOT FOR REGULATORY APPROVAL, PERMITTING, OR CONSTRUCTION. 07.11.2022 A-1.01 FIRST LEVEL FLOOR PLAN TG KW P:\S\SafStor\2021.1185 - SAFStor West Highland Ave., San Bernardino, CA\3 CAD & Drawings\2 Construction Documents\CD East Building\2021.1185_A-1.01 First Level Floor Plan - East Building.dwg, A-1.01 FIRST LEVEL FLOOR PLAN, 7/12/2022 11:08:54 AM, kevwat, DWG To PDF.pc3, ARCH E1 (30.00 x 42.00 Inches), 1:1 KEY NOTES: WALL TYPE GENERAL NOTES: GENERAL NOTES: 1 SECOND LEVEL FLOOR PLAN - EAST BUILDING 1/8" = 1'-0" TOTAL SF 108,972 WEST BUILDING SF 54,645 EAST BUILDING SF 54,327 78,733 SF/108,972 = 72.3% COUNT OVERALL UNIT MIX SCHEDULE UNIT TYPE RENTABLE AREA PERCENT 85262 236 67 5X5 7X10 7.5X10 10X10 10X20 2125 140 4650 23600 13400 03% 06% 30% 17% UNIT 1234568 2 7X12 168 <01% TOTAL: 806 78733 100% 9 23 10X30 6900 09% 216 5X10 10800 14% 7 113 10X15 16950 21% COUNT SECOND LEVEL UNIT MIX SCHEDULE UNIT TYPE RENTABLE AREA PERCENT 26-10409 5X5 7X10 7.5X10 10X10 10X20 650- 750 4000 1800 05%- 06% 30% 13% UNIT 1234568 - 7X12 - - TOTAL: 145 13400 100% 9 - 10X30 - - 28 5X10 1400 10% 7 32 10X15 4800 36% <01% EAST BUILDING AREA PER 2ND LEVEL SF 18,109 COUNT EAST BUILDING - UNIT MIX SCHEDULE UNIT TYPE RENTABLE AREA PERCENT 54-31 106 33 5X5 7X10 7.5X10 10X10 10X20 1350 - 2325 10600 6600 03%- 06% 27% 17% UNIT 1234568 - 7X12 - TOTAL: 415 39675 100% 9 9 10X30 2700 07% 112 5X10 5600 14% 7 70 10X15 10500 26%- KEY PLAN CHECKED: PROJECT NO: DATE: REVISIONS NO DATE REMARKS DRAWN: SEAL: SAFSTOR 1534 WEST HIGHLAND AVE. SAN BERNARDINO, CA 2021.1185 DAVID BOYCE RESERVES COPYRIGHT & OTHER RIGHTS RESTRICTING THESE DOCUMENTS TO THE ORIGINAL SITE OR PURPOSE FOR WHICH THEY WERE PREPARED. REPRODUCTIONS, CHANGES OR ASSIGNMENTS ARE PROHIBITED. DAVID BOYCE ARCHITECT 220 E. CENTRAL PKWY, STE 4000 ALTAMONTE SPRINGS, FL 32701 407.645.5008 THIS DOCUMENT IS NOT FOR REGULATORY APPROVAL, PERMITTING, OR CONSTRUCTION. 07.11.2022 A-1.02 SECOND LEVEL FLOOR PLAN TG KW P:\S\SafStor\2021.1185 - SAFStor West Highland Ave., San Bernardino, CA\3 CAD & Drawings\2 Construction Documents\CD East Building\2021.1185_A-1.02 Second Level Floor Plan - East Building.dwg, A-1.02 SECOND LEVEL FLOOR PLAN, 7/12/2022 11:09:50 AM, kevwat, DWG To PDF.pc3, ARCH E1 (30.00 x 42.00 Inches), 1:1 KEY NOTES: WALL TYPE GENERAL NOTES: GENERAL NOTES: 1 THIRD LEVEL FLOOR PLAN - EAST BUILDING 1/8" = 1'-0" TOTAL SF 108,972 WEST BUILDING SF 54,645 EAST BUILDING SF 54,327 78,733 SF/108,972 = 72.3% COUNT OVERALL UNIT MIX SCHEDULE UNIT TYPE RENTABLE AREA PERCENT 85262 236 67 5X5 7X10 7.5X10 10X10 10X20 2125 140 4650 23600 13400 03% 06% 30% 17% UNIT 1234568 2 7X12 168 <01% TOTAL: 806 78733 100% 9 23 10X30 6900 09% 216 5X10 10800 14% 7 113 10X15 16950 21% COUNT THIRD LEVEL UNIT MIX SCHEDULE UNIT TYPE RENTABLE AREA PERCENT 16-11499 5X5 7X10 7.5X10 10X10 10X20 400- 825 4900 1800 03%- 07% 38% 14% UNIT 1234567 - 7X12 - - TOTAL: 154 12975 100% 9 - 10X30 - - 53 5X10 2650 20% 6 16 10X15 2400 18% <01% EAST BUILDING AREA PER 3RD LEVEL SF 18,109 COUNT EAST BUILDING - UNIT MIX SCHEDULE UNIT TYPE RENTABLE AREA PERCENT 54-31 106 33 5X5 7X10 7.5X10 10X10 10X20 1350 - 2325 10600 6600 03%- 06% 27% 17% UNIT 1234567 - 7X12 - TOTAL: 415 39675 100% 9 9 10X30 2700 07% 112 5X10 5600 14% 6 70 10X15 10500 26%- KEY PLAN CHECKED: PROJECT NO: DATE: REVISIONS NO DATE REMARKS DRAWN: SEAL: SAFSTOR 1534 WEST HIGHLAND AVE. SAN BERNARDINO, CA 2021.1185 DAVID BOYCE RESERVES COPYRIGHT & OTHER RIGHTS RESTRICTING THESE DOCUMENTS TO THE ORIGINAL SITE OR PURPOSE FOR WHICH THEY WERE PREPARED. REPRODUCTIONS, CHANGES OR ASSIGNMENTS ARE PROHIBITED. DAVID BOYCE ARCHITECT 220 E. CENTRAL PKWY, STE 4000 ALTAMONTE SPRINGS, FL 32701 407.645.5008 THIS DOCUMENT IS NOT FOR REGULATORY APPROVAL, PERMITTING, OR CONSTRUCTION. 07.11.2022 A-1.03 THIRD LEVEL FLOOR PLAN TG KW P:\S\SafStor\2021.1185 - SAFStor West Highland Ave., San Bernardino, CA\3 CAD & Drawings\2 Construction Documents\CD East Building\2021.1185_A-1.03 Third Level Floor Plan - East Building.dwg, A-1.03 THIRD LEVEL FLOOR PLAN, 7/12/2022 11:10:46 AM, kevwat, DWG To PDF.pc3, ARCH E1 (30.00 x 42.00 Inches), 1:1 KEY NOTES: WALL TYPE GENERAL NOTES: GENERAL NOTES: 1 FIRST LEVEL FLOOR PLAN - WEST BUILDING 1/8" = 1'-0" TOTAL SF 108,972 WEST BUILDING SF 54,645 EAST BUILDING SF 54,327 OFFICE / LOBBY SF 909 78,733 SF/108,972 = 72.3% COUNT OVERALL UNIT MIX SCHEDULE UNIT TYPE RENTABLE AREA PERCENT 85262 236 67 5X5 7X10 7.5X10 10X10 10X20 2125 140 4650 23600 13400 03% 06% 30% 17% UNIT 1234568 2 7X12 168 <01% TOTAL: 806 78733 100% 9 23 10X30 6900 09% 216 5X10 10800 14% 7 113 10X15 16950 21% COUNT FIRST LEVEL UNIT MIX SCHEDULE UNIT TYPE RENTABLE AREA PERCENT 4-63714 5X5 7X10 7.5X10 10X10 10X20 100- 450 3700 2800 01%- 04% 29% 22% UNIT 1234568 - 7X12 - - TOTAL: 102 12700 100% 9 14 10X30 4200 33% 26 5X10 1300 10% 7 1 10X15 150 01% <01% WEST BUILDING AREA PER 1ST LEVEL SF 18,215 COUNT WEST BUILDING - UNIT MIX SCHEDULE UNIT TYPE RENTABLE AREA PERCENT 31231 130 34 5X5 7X10 7.5X10 10X10 10X20 775 140 2325 13000 6800 02% <01% 07% 33% 17% UNIT 1234567 2 7X12 168 TOTAL: 391 39058 100% 9 14 10X30 4200 11% 104 5X10 5200 13% 43 10X15 6450 17% <01% 8 KEY PLAN CHECKED: PROJECT NO: DATE: REVISIONS NO DATE REMARKS DRAWN: SEAL: SAFSTOR 1534 WEST HIGHLAND AVE. SAN BERNARDINO, CA 2021.1185 DAVID BOYCE RESERVES COPYRIGHT & OTHER RIGHTS RESTRICTING THESE DOCUMENTS TO THE ORIGINAL SITE OR PURPOSE FOR WHICH THEY WERE PREPARED. REPRODUCTIONS, CHANGES OR ASSIGNMENTS ARE PROHIBITED. DAVID BOYCE ARCHITECT 220 E. CENTRAL PKWY, STE 4000 ALTAMONTE SPRINGS, FL 32701 407.645.5008 THIS DOCUMENT IS NOT FOR REGULATORY APPROVAL, PERMITTING, OR CONSTRUCTION. 07.08.2022 A-1.01 FIRST LEVEL FLOOR PLAN TG KW P:\S\SafStor\2021.1185 - SAFStor West Highland Ave., San Bernardino, CA\3 CAD & Drawings\2 Construction Documents\CD West Building\2021.1185_A-1.01 First Level Floor Plan - West Building.dwg, A-1.01 FIRST LEVEL FLOOR PLAN, 7/12/2022 11:29:51 AM, kevwat, DWG To PDF.pc3, ARCH E1 (30.00 x 42.00 Inches), 1:1 KEY NOTES: WALL TYPE GENERAL NOTES: GENERAL NOTES: 1 SECOND LEVEL FLOOR PLAN - WEST BUILDING 1/8" = 1'-0" TOTAL SF 108,972 WEST BUILDING SF 54,645 EAST BUILDING SF 54,327 78,733 SF/108,972 = 72.3% COUNT OVERALL UNIT MIX SCHEDULE UNIT TYPE RENTABLE AREA PERCENT 85262 236 67 5X5 7X10 7.5X10 10X10 10X20 2125 140 4650 23600 13400 03% 06% 30% 17% UNIT 1234568 2 7X12 168 <01% TOTAL: 806 78733 100% 9 23 10X30 6900 09% 216 5X10 10800 14% 7 113 10X15 16950 21% COUNT SECOND LEVEL UNIT MIX SCHEDULE UNIT TYPE RENTABLE AREA PERCENT 161184310 5X5 7X10 7.5X10 10X10 10X20 400 70 1350 4300 2000 03% 01% 10% 32% 15% UNIT 1234568 1 7X12 84 TOTAL: 146 13154 100% 9 - 10X30 - - 36 5X10 1800 14% 7 21 10X15 3150 24% <01% WEST BUILDING AREA PER 2ND LEVEL SF 18,215 01% COUNT WEST BUILDING - UNIT MIX SCHEDULE UNIT TYPE RENTABLE AREA PERCENT 31231 130 34 5X5 7X10 7.5X10 10X10 10X20 775 140 2325 13000 6800 02% <01% 07% 33% 17% UNIT 1234568 2 7X12 168 TOTAL: 391 39058 100% 9 14 10X30 4200 11% 104 5X10 5200 13% 7 43 10X15 6450 17% <01% KEY PLAN CHECKED: PROJECT NO: DATE: REVISIONS NO DATE REMARKS DRAWN: SEAL: SAFSTOR 1534 WEST HIGHLAND AVE. SAN BERNARDINO, CA 2021.1185 DAVID BOYCE RESERVES COPYRIGHT & OTHER RIGHTS RESTRICTING THESE DOCUMENTS TO THE ORIGINAL SITE OR PURPOSE FOR WHICH THEY WERE PREPARED. REPRODUCTIONS, CHANGES OR ASSIGNMENTS ARE PROHIBITED. DAVID BOYCE ARCHITECT 220 E. CENTRAL PKWY, STE 4000 ALTAMONTE SPRINGS, FL 32701 407.645.5008 THIS DOCUMENT IS NOT FOR REGULATORY APPROVAL, PERMITTING, OR CONSTRUCTION. 07.08.2022 A-1.02 SECOND LEVEL FLOOR PLAN TG KW P:\S\SafStor\2021.1185 - SAFStor West Highland Ave., San Bernardino, CA\3 CAD & Drawings\2 Construction Documents\CD West Building\2021.1185_A-1.02 Second Level Floor Plan - West Building.dwg, A-1.02 SECOND LEVEL FLOOR PLAN, 7/12/2022 11:32:45 AM, kevwat, DWG To PDF.pc3, ARCH E1 (30.00 x 42.00 Inches), 1:1 KEY NOTES: WALL TYPE GENERAL NOTES: GENERAL NOTES: 1 THIRD LEVEL FLOOR PLAN - WEST BUILDING 1/8" = 1'-0" TOTAL SF 108,972 WEST BUILDING SF 54,645 EAST BUILDING SF 54,327 78,733 SF/108,972 = 72.3% COUNT OVERALL UNIT MIX SCHEDULE UNIT TYPE RENTABLE AREA PERCENT 85262 236 67 5X5 7X10 7.5X10 10X10 10X20 2125 140 4650 23600 13400 03% 06% 30% 17% UNIT 1234568 2 7X12 168 <01% TOTAL: 806 78733 100% 9 23 10X30 6900 09% 216 5X10 10800 14% 7 113 10X15 16950 21% COUNT THIRD LEVEL UNIT MIX SCHEDULE UNIT TYPE RENTABLE AREA PERCENT 11175010 5X5 7X10 7.5X10 10X10 10X20 275 70 525 5000 2000 02% <01% 04% 38% 15% UNIT 1234568 1 7X12 84 TOTAL: 143 13204 100% 9 - 10X30 - - 42 5X10 2100 16% 7 21 10X15 3150 24% <01% WEST BUILDING AREA PER 3RD LEVEL SF 18,215 01% COUNT WEST BUILDING - UNIT MIX SCHEDULE UNIT TYPE RENTABLE AREA PERCENT 31231 130 34 5X5 7X10 7.5X10 10X10 10X20 775 140 2325 13000 6800 02% <01% 07% 33% 17% UNIT 1234568 2 7X12 168 TOTAL: 391 39058 100% 9 14 10X30 4200 11% 104 5X10 5200 13% 7 43 10X15 6450 17% <01% KEY PLAN CHECKED: PROJECT NO: DATE: REVISIONS NO DATE REMARKS DRAWN: SEAL: SAFSTOR 1534 WEST HIGHLAND AVE. SAN BERNARDINO, CA 2021.1185 DAVID BOYCE RESERVES COPYRIGHT & OTHER RIGHTS RESTRICTING THESE DOCUMENTS TO THE ORIGINAL SITE OR PURPOSE FOR WHICH THEY WERE PREPARED. REPRODUCTIONS, CHANGES OR ASSIGNMENTS ARE PROHIBITED. DAVID BOYCE ARCHITECT 220 E. CENTRAL PKWY, STE 4000 ALTAMONTE SPRINGS, FL 32701 407.645.5008 THIS DOCUMENT IS NOT FOR REGULATORY APPROVAL, PERMITTING, OR CONSTRUCTION. 07.08.2022 A-1.03 THIRD LEVEL FLOOR PLAN TG KW P:\S\SafStor\2021.1185 - SAFStor West Highland Ave., San Bernardino, CA\3 CAD & Drawings\2 Construction Documents\CD West Building\2021.1185_A-1.03 Third Level Floor Plan - West Building.dwg, A-1.03 THIRD LEVEL FLOOR PLAN, 7/12/2022 11:34:34 AM, kevwat, DWG To PDF.pc3, ARCH E1 (30.00 x 42.00 Inches), 1:1

X PROPOSED BLDG 1 FF 1216.00 PROP. BASIN W HIGHLAND AVE CABRERA AVE PROP. BASIN PROPOSED BLDG 2 FF 1213.70 DEVELOPMENT SERVICES CITY OF SAN BERNARDINO 660 S FIGUEROA STREET, SUITE 2050, LOS ANGELES, CA 90017 PHONE: 213-261-4040 WWW.KIMLEY-HORN.COM © 2022 KIMLEY-HORN AND ASSOCIATES, INC. EXISTING UTILITY NOTE NORTH LEGEND ESTIMATED EARTHWORK QUANTITIES EASEMENT NOTES ··· GRADING NOTES DEVELOPMENT SERVICES CITY OF SAN BERNARDINO 660 S FIGUEROA STREET, SUITE 2050, LOS ANGELES, CA 90017 PHONE: 213-261-4040 WWW.KIMLEY-HORN.COM © 2022 KIMLEY-HORN AND ASSOCIATES, INC. 1 GRADING DETAIL NORTH 2 GRADING DETAIL NORTH 3 GRADING DETAIL NORTH W HIGHLAND AVE CABRERA AVE

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X:\Projects\2021\210688 - SAFStor West Highland - San Bernardino, CA\Design\Construction\Landscape\SAFStor Highland Landscape - 210688.dwg 9-15-22 11:03:26 AM pargo REVISIONS DATE: DATE COMMENT A
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2 ALL DRAWINGS SHALL REMAIN THE PROPERTY OF W&A ENGINEERING.

THESE INSTRUMENTS OF SERVICE ARE TO BE USED SOLELY FOR THIS SPECIFIC PROJECT. W&A ENGINEERING SHALL RETAIN ALL LEGAL

RIGHTS TO THE USE OF THE INSTRUMENTS OF SERVICE AND SHALL RETAIN FULL PROTECTION UNDER UNITED STATES COPYRIGHT LAW.

PRELIMINARY

LANDSCAPE PLAN
L201
210688
CUP Submittal
6/29/2022
9/14/2022 CUP SUBMITTAL COMMENTS
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SAFStor HIGHLAND

SAN BERNARDINO,CA
W. HIGHLAND AVENUE - +/-2.47 ACRESPLANTBSCHEDULE
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29045662.1/203920.0002
Brent R. McManigal
Director
[email protected]
550 E. Hospitality Lane, Suite 350
San Bernardino, California 92408
PH (909) 723-1807 | FX (909) 890-9877
fennemorelaw.com
Fennemore LLP.

April 4, 2023

BY HAND DELIVERY
Honorable Mayor and City Council Members
City of San Bernardino City Council
290 North D Street
San Bernardino, CA 92401
Re: Revised Appeal of Planning Commission – Conditional Use Permit 22-12 and Minor Exception 22-04
Dear Honorable Mayor and City Council Members:

On January 25, 2023, we sent on behalf of SAFStor Real Estate Company, LLC (“Applicant” or “SAFStor”) a letter appealing the Planning Commission’s denial of Applicant’s proposed project located at 1534 W. Highland Avenue (“Appeal Letter”). The Appeal Letter included the following land use entitlements: Subdivision 22-08 (Tentative Parcel Map 20628), Conditional Use Permit 22-12 and Minor Exception 22-04 (collectively, “Entitlements”). A copy of the Appeal Letter is attached hereto as Exhibit 1.

At the Planning Commission’s hearing on January 10, 2023, the Commission voted to deny all three of the Entitlements; however, planning staff had to bring back a Resolution that included appropriate findings to support that denial.

When the Planning Commission met on March 14, 2023 it only denied Conditional Use Permit 22-12 and Minor Exception 22-04 (Resolution 2023-006-PC). The Planning Commission was unable to make findings to deny Subdivision 22-08 and approved Resolution 2023-012-PC approving the parcel map.

Since the Planning Commission approved Subdivision 22-08, by this letter, we are removing Subdivision 22-08 from the Appeal Letter. Applicant is still appealing Planning Commission’s denial of Conditional Use Permit 22-12 and Minor Exception 22-04 and requests that the City Council over-turn the Planning Commission’s denial and approve the SAFStor Project. This Project is a significant investment in the City that will benefit everyone.

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Honorable Mayor and City Council Members
April 4, 2023