Regular Meeting Minutes – January 11, 2022
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A Regular Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Herrick at 6:02 p.m., Tuesday, January 11, 2022, via Zoom.
OPEN SESSION
Flag Salute: Flag Salute led by Mayor Herrick
Councilmembers Present: Mayor Rick Herrick
Mayor Pro Tem Bynette Mote
Councilmember Alan Lee
Councilmember Perri Melnick
Councilmember Randall Putz
Others Present: Frank A. Rush, Jr., City Manager
Erica Stephenson, City Clerk
Stephen P. Deitsch, City Attorney
PRESENTATIONS
Introduction of new City employee - Ryan Orr, Public Information Officer. Presentation of a Proclamation to Max Sannes to Recognize his CIF Division 4 State Championship – Individual Cross-Country Title
PUBLIC COMMUNICATIONS
Alaine Uthus, Big Bear resident, expressed her concerns about the City’s response to her records request in which Councilmember Lee indicated that he did not conduct City business via text messages during the October 18, 2021 City Council meeting, although he could be seen by the public texting and writing notes for approximately 45 minutes during that meeting.
1. CONSENT CALENDAR
CITY COUNCIL
1.1 APPROVAL OF DEMANDS – CHECK ISSUE DATE 11/25/2021 THROUGH 12/14/2021 IN THE AMOUNT OF $2,226,968 AND THE NOVEMBER 2021 TREASURER’S REPORT This item was pulled from the Consent Calendar by Councilmember Lee for further discussion.
1.2 APPROVAL OF MEETING MINUTES FROM THE DECEMBER 6, 2021 REGULAR
MEETING OF CITY COUNCIL
Approved.
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1.3 RESOLUTION AUTHORIZING BID SOLICITATION FOR THE ANNUAL STREET
STRIPING PROJECT
City Council will consider a formal resolution authorizing the solicitation of bids for the annual street striping project. This project is an annual effort to restripe roadway markings throughout the City in order to ensure proper function and a fresh appearance after the wear and tear of the winter season.
Following bid solicitation, City Council is expected to consider a formal contract award in March, with work commencing as soon as weather permits this spring. A total of $50,000 is included in the FY 2021-22 General Fund budget for this work.
Approved and adopted the following resolution entitled:
RESOLUTION NO. 2022-01
RESOLUTION AUTHORIZING BID SOLICITATION FOR THE
ANNUAL STREET STRIPING PROJECT
1.4 RESOLUTION AUTHORIZING A REIMBURSEMENT AGREEMENT WITH DWP FOR
WATER LINE IMPROVEMENTS ASSOCIATED WITH THE MOONRIDGE CORRIDOR
IMPROVEMENTS PROJECT
City Council will consider a formal resolution authorizing the reimbursement of $256,328 to the Department of Water and Power (DWP) for water line improvements associated with the Moonridge Corridor Improvements Project. As construction of the Moonridge project got underway last summer, the engineering team identified concerns and opportunities with portions of the water line improvements specified within the project, and identified a more cost-effective approach to complete these improvements and create additional value for the City and DWP. As a result, the City reduced the scope of work in the Granite Construction contract for the Moonridge project, and authorized DWP to complete the necessary water line improvements via its contractor. Overall, this approach resulted in significant cost savings for the City and DWP. Sufficient funds are available in the project budget for the Moonridge Corridor Improvement Project for this reimbursement.
This item was pulled from the Consent Calendar by Councilmember Lee for further discussion.
1.5 RESOLUTION AUTHORIZING MOUNTAIN TRANSIT TO UTILIZE CITY LAND IN THE
KNICKERBOCKER PARKING LOT FOR A BUS STOP
City Council will consider a formal resolution authorizing Mountain Transit to utilize City land in the Knickerbocker Parking Lot for a new bus stop. The City recently cordoned off several parking spaces in the northwest corner of the parking lot to serve as the main bus stop in The Village as part of the new free trolley service. Mountain Transit is working to construct a new, permanent bus stop shelter at this location in the future, and the proposed resolution would authorize the use of this portion of the parking lot for this purpose. The new bus stop features would be funded by Mountain Transit.
Approved and adopted the following resolution entitled:
RESOLUTION NO. 2022-02
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RESOLUTION AUTHORIZING MOUNTAIN TRANSIT TO
UTILIZE CITY LAND IN THE KNICKERBOCKER PARKING
LOT FOR A BUS STOP
1.6 RESOLUTION HONORING REQUEST TO WITHDRAW LAND USE APPLICATION AND
RESCINDING CITY APPROVAL OF THE DEVELOPMENT OF A COMMERCIAL
GROCERY STORE BUILDING WITH ASSOCIATED PARKING LOT AND SITE IMPROVEMENTS LOCATED AT 42175 BIG BEAR BOULEVARD
City Council will consider a formal resolution honoring a request from Tectonics Design Group / Main & Main Capital Group LLC to withdraw its land use application for construction of a proposed new Grocery Outlet store, and rescinding City approval of the proposed project. Tectonics Design Group / Main & Main Capital Group LLC recently reached a settlement agreement with petitioners challenging the project, and the settlement agreement includes the termination of project development. The Planning Commission approved the proposed project at its meeting on April 21, 2021, and the City Council denied appeals of the Planning Commission’s approval at its meeting on August 2, 2021. The attached resolution formally rescinds these previous City approvals.
This item was pulled from the Consent Calendar by Councilmember Lee for further discussion.
1.7 RESOLUTIONS AUTHORIZING GRANT FUNDING APPLICATIONS TO THE LAND
AND WATER CONSERVATION FUND
City Council will consider two formal resolutions authorizing the submission of two grant applications to the Federal Land and Water Conservation Fund (LWCF) for a) future development of the Rathbun Creek bicycle and pedestrian trail, and b) future development of park amenities at the Stanfield Marsh property. The proposed resolution authorizes a $1.8 million grant application for the Rathbun Creek trail segments located between the Big Bear Alpine Zoo and Sandalwood Drive, and a $1.25 million grant application for the Stanfield Marsh park amenities, including new paved trails, boardwalk improvements, and parking lot improvements. If awarded, the grants would be matched with $3.05 million of City funds derived from transient occupancy taxes.
Approved and adopted the following resolutions entitled:
RESOLUTION NO. 2022-03
RESOLUTION AUTHORIZING GRANT FUNDING APPLICATION TO THE
LAND AND WATER CONSERVATION FUND -
RATHBUN CREEK TRAIL PROJECT
RESOLUTION NO. 2022-04
RESOLUTION AUTHORIZING GRANT FUNDING APPLICATION TO THE
LAND AND WATER CONSERVATION FUND - STANFIELD MARSH PARK
DEVELOPMENT PROJECT
1.8 RESOLUTION AUTHORIZING EMERGENCY REPAIRS TO STANFIELD BOARDWALK City Council will consider a formal resolution retroactively authorizing a contract with Jilk Heavy Construction, Brea, CA, for emergency repairs to the western segment of the Stanfield Boardwalk in the amount of $47,630. A single-vehicle accident damaged support pilings, decking, and railings on
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the boardwalk in early December, and the western segment was closed immediately thereafter for public safety reasons. The boardwalk was initially constructed by the predecessor of Jilk Heavy Construction in the 1990s, and the City Manager authorized emergency repairs in mid-December in order to ensure public safety and also to reopen the boardwalk prior to the upcoming holiday season.
The City is in the process of completing the acquisition of the boardwalks and other property from the Municipal Water District (MWD), and the City ultimately expects to be reimbursed for the emergency repairs from the driver’s and/or the MWD’s insurance carrier.
Approved and adopted the following resolution entitled:
RESOLUTION NO. 2022-05
RESOLUTION AUTHORIZING EMERGENCY REPAIRS
TO STANFIELD BOARDWALK
1.9 RESOLUTION INCREASING THE DEPARTMENT OF WATER AND POWER BOARD OF
COMMISSIONERS MONTHLY STIPEND
City Council will consider a formal resolution to increase the Department of Water and Power (DWP) Board of Commissioners compensation from $400 per month to $500 per month. The DWP Board’s compensation was last increased by the City Council in June 2005 to $400 per month. The DWP Board’s compensation was recently reviewed as part of a comprehensive compensation study, and that study recommended an increase to $600 per month. Additionally, the application of the consumer price index annually since 2005 would result in an increase to $603 per month. The proposed resolution, however, would establish a $500 per month stipend, and would be consistent with the current monthly stipend provided to members of the City Council.
This item was pulled from the Consent Calendar by Councilmember Lee for further discussion.
1.10 RESOLUTION ESTABLISHING INACTIVE VACATION RENTAL LICENSE
PROCEDURES FOR PROPERTIES CONVERTED TO LONG-TERM RENTAL HOUSING City Council will consider a formal resolution establishing inactive vacation rental license procedures for properties that are converted to long-term rental housing. The proposed resolution establishes a new “inactive” classification of vacation rental licenses, and would enable a property owner to maintain a valid vacation rental license while the property is offered as a long-term rental for at least 12 months. The license would simply be placed in “inactive” status until such time that the owner seeks to return to “active” status, at which time the licensee would again be required to meet all applicable vacation rental program requirements. The proposed resolution is intended to promote participation in the Big Bear Workforce Housing Initiative by eliminating uncertainty for current vacation rental property owners who may wish to participate in the program.
Approved and adopted the following resolution entitled:
RESOLUTION NO. 2022-06
RESOLUTION ESTABLISHING INACTIVE VACATION RENTAL
LICENSE PROCEDURES FOR PROPERTIES CONVERTED TO
LONG-TERM RENTAL HOUSING
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FIRE PROTECTION DISTRICT
1.11 APPROVAL OF MEETING MINUTES FROM THE DECEMBER 6, 2021 REGULAR
MEETING OF THE FIRE PROTECTION DISTRICT
Approved.
SUCCESSOR AGENCY
1.12 APPROVAL OF MEETING MINUTES FROM THE DECEMBER 6, 2021 REGULAR
MEETING OF THE SUCCESSOR AGENCY
Approved.
Motion made by Councilmember Putz, seconded by Mayor Pro Tem Mote, to approve the balance of the Consent Calendar.
Said motion was approved by the following vote:
AYES: Putz, Mote, Lee, Melnick, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
ITEMS REMOVED FROM THE CONSENT CALENDAR
1.1 APPROVAL OF DEMANDS – CHECK ISSUE DATE 11/25/2021 THROUGH 12/14/2021 IN THE AMOUNT OF $2,226,968 AND THE NOVEMBER 2021 TREASURER’S REPORT This item was removed from the Consent Calendar by Councilmember Lee; requested additional information on a few expenses listed on the demands report and requested that the listed expenditures be further itemized for greater transparency.
Following Council and staff discussion, a motion was made by Councilmember Lee, seconded by Mayor Pro Tem Mote, to approve the item.
Said motion was approved by the following vote:
AYES: Melnick, Lee, Mote, Putz, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
1.4 RESOLUTION AUTHORIZING A REIMBURSEMENT AGREEMENT WITH DWP FOR
WATER LINE IMPROVEMENTS ASSOCIATED WITH THE MOONRIDGE CORRIDOR
IMPROVEMENTS PROJECT
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City Council will consider a formal resolution authorizing the reimbursement of $256,328 to the Department of Water and Power (DWP) for water line improvements associated with the Moonridge Corridor Improvements Project. As construction of the Moonridge project got underway last summer, the engineering team identified concerns and opportunities with portions of the water line improvements specified within the project, and identified a more cost-effective approach to complete these improvements and create additional value for the City and DWP. As a result, the City reduced the scope of work in the Granite Construction contract for the Moonridge project, and authorized DWP to complete the necessary water line improvements via its contractor. Overall, this approach resulted in significant cost savings for the City and DWP. Sufficient funds are available in the project budget for the Moonridge Corridor Improvement Project for this reimbursement.
This item was removed from the Consent Calendar by Councilmember Lee; he expressed his concerns with the change-order and indicated that he is uncomfortable with the decision that was made as he believes the process lacked transparency and competitiveness.
Frank A. Rush, Jr., City Manager and Sean Sullivan, Director of Public Services, answered Council’s questions and addressed their concerns.
Following Council and staff discussion, a motion was made by Councilmember Putz, seconded by Mayor Pro Tem Mote, to approve staff’s recommendation and adopt the following resolution entitled:
RESOLUTION NO. 2022-07
RESOLUTION AUTHORIZING A REIMBURSEMENT
AGREEMENT WITH DWP FOR WATER LINE IMPROVEMENTS
ASSOCIATED WITH THE MOONRIDGE CORRIDOR
IMPROVEMENTS PROJECT
Said motion was approved by the following vote:
AYES: Putz, Mote, Lee, Melnick, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
1.6 RESOLUTION HONORING REQUEST TO WITHDRAW LAND USE APPLICATION AND
RESCINDING CITY APPROVAL OF THE DEVELOPMENT OF A COMMERCIAL
GROCERY STORE BUILDING WITH ASSOCIATED PARKING LOT AND SITE IMPROVEMENTS LOCATED AT 42175 BIG BEAR BOULEVARD
City Council will consider a formal resolution honoring a request from Tectonics Design Group / Main & Main Capital Group LLC to withdraw its land use application for construction of a proposed new Grocery Outlet store, and rescinding City approval of the proposed project. Tectonics Design Group / Main & Main Capital Group LLC recently reached a settlement agreement with petitioners challenging the project, and the settlement agreement includes the termination of project development. The Planning Commission approved the proposed project at its meeting on April 21, 2021, and the City Council denied appeals of the Planning Commission’s approval at its meeting on August 2, 2021. The attached resolution formally rescinds these previous City approvals.
This item was removed from the Consent Calendar by Councilmember Lee; he questioned if this item should have been placed on the Consent Calendar and whether or not it was permissible to publically
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discuss this item as it was previously discussed in Closed Session; also Councilmember Lee expressed his disappointment with the City’s overall expenses related to the Grocery Outlet project.
Following Council discussion, a motion was made by Councilmember Lee, seconded by Mayor Herrick, to approve staff’s recommendation and adopt the following resolution entitled:
RESOLUTION NO. 2022 – 08
RESOLUTION HONORING REQUEST TO WITHDRAW LAND USE
APPLICATION AND RESCINDING CITY APPROVAL OF THE
DEVELOPMENT OF A COMMERCIAL GROCERY STORE BUILDING
WITH ASSOCIATED PARKING LOT AND SITE IMPROVEMENTS
LOCATED AT 42175 BIG BEAR BOULEVARD
Said motion was approved by the following vote:
AYES: Melnick, Lee, Putz, Mote, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
1.9 RESOLUTION INCREASING THE DEPARTMENT OF WATER AND POWER BOARD OF
COMMISSIONERS MONTHLY STIPEND
City Council will consider a formal resolution to increase the Department of Water and Power (DWP) Board of Commissioners compensation from $400 per month to $500 per month. The DWP Board’s compensation was last increased by the City Council in June 2005 to $400 per month. The DWP Board’s compensation was recently reviewed as part of a comprehensive compensation study, and that study recommended an increase to $600 per month. Additionally, the application of the consumer price index annually since 2005 would result in an increase to $603 per month. The proposed resolution, however, would establish a $500 per month stipend, and would be consistent with the current monthly stipend provided to members of the City Council.
This item was removed from the Consent Calendar by Councilmember Lee.
A motion was made by Councilmember Lee, seconded by Mayor Herrick, to pull this item and discuss it at the City’s next available meeting so Council can additional time to review a compensation study report provided by the DWP’s General Manager.
Said motion was approved by the following vote:
AYES: Mote, Lee, Melnick, Herrick
NOES: Putz
ABSTAIN: None
ABSENT: None
2. DISCUSSION/ACTION ITEMS
2.1 URGENCY ORDINANCE AMENDING CHAPTER 16.07 SUBDIVISIONS - ADDING SECTION 16.07.060 URBAN LOT SPLITS - AND CHAPTER 17.25 RESIDENTIAL ZONES -
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AMENDING SECTION 17.25.130 SECOND UNITS AND TWO-UNIT PROJECTS - TO IMPLEMENT SB 9 – HOUSING DEVELOPMENT APPROVALS
City Council will formally consider an urgency ordinance to implement SB 9 – Housing Development Approvals – that was approved by the California legislature and signed into law by Governor Newsom in September. Effective January 1, SB 9 mandates that local governments approve the split of urban lots zoned for single-family residential use into multiple lots or allow additional units on an original, unsplit lot - potentially allowing up to 4 residential units on a lot initially zoned for only one singlefamily residence. The proposed urgency ordinance was drafted by the City Attorney and City staff, is consistent with SB 9, and includes various requirements that are intended to promote and preserve neighborhood character. The proposed urgency ordinance includes requirements regarding lot size, unit size, owner occupancy of at least one unit for three years, a prohibition on the use of lot splits and additional units for vacation rental purposes, consistent design standards, fire hazard mitigation requirements, deed restrictions, parking requirements, height limits, and more. Concurrently, the Planning Commission will proceed with review and recommendation of a permanent ordinance to implement SB 9, and a proposed permanent ordinance will be presented for City Council review in the coming months.
Janice Etter, Senior Principal Planner, presented the item, read the title of the proposed urgency ordinance aloud, and answered the Council’s questions.
Following Council discussion, a motion was made by Councilmember Lee, seconded by Councilmember Melnick, to approve staff’s recommendation and adopt the urgency ordinance entitled:
URGENCY ORDINANCE NO. 2022-499
URGENCY ORDINANCE AMENDING CHAPTER 16.07 SUBDIVISIONS - ADDING SECTION 16.07.060 URBAN LOT SPLITS - AND CHAPTER 17.25 RESIDENTIAL ZONES -AMENDING SECTION 17.25.130 SECOND UNITS AND TWO-UNIT PROJECTS -TO IMPLEMENT SB 9 – HOUSING
DEVELOPMENT APPROVALS
Said motion was approved by the following vote:
AYES: Melnick, Putz, Lee, Mote, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
2.2 PROPOSED SOLID WASTE SERVICE DESIGN
City staff will present a recommended solid waste service design for City Council review. The recommended solid waste service design was developed based on input from City staff, the current solid waste franchisee, the citizen Solid Waste Advisory Group, other stakeholders, and the City Council. The recommended service design includes continued reliance on both curbside collections and the provision of at least two Clean Bear sites, with several service enhancements, including: the implementation of standardized curbside collection containers, automated or semi-automated collection, compliance with SB 1383, planned shielding or enclosures of Clean Bear sites, dedicated staffing at both Clean Bear sites, limiting the use of Clean Bear sites to City residents, property owners, and visitors only, the rerouting of traffic entering the Clean Bear sites, the potential relocation of the
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western Clean Bear site, the greater use of temporary “pop-up” Clean Bear sites during peak periods, and continued commercial collection.
If Council approves the recommended solid waste service design, or some variation thereof, City staff will either seek competitive proposals for a new 10-year service agreement or negotiate exclusively with the current service provider (Big Bear Disposal), as directed by City Council. Depending on the selection process for a new solid waste service provider, the new solid waste service design would be implemented on July 1, 2022, or sometime in late 2022 or early 2023.
Sean Sullivan, Director of Public Services, presented the item and answered a myriad of Council’s questions and addressed their concerns.
Carolin Girgis, said she appreciates the discussion of curbside service as its convenient and more aesthetically pleasing; was curious to learn more about bulk item pick-up and thanked Mayor Pro Tem Mote for her community-focused comments.
Andy Bolton, asked how opting in or opting out of the curbside collection service would affect property taxes.
Kelly Astor, Big Bear Disposal Attorney, recommended/requested that City staff first initiate a conversation with Big Bear Disposal and draft a contract prior to issuing a Request for Proposals (RFP); indicated that trash hauling services are not required to be bid like public construction projects under California state law due to the capital-intensive nature of this business.
Following Council and staff discussion, a motion was made by Councilmember Lee, seconded by Councilmember Melnick, to go forward with the proposed service design.
Said motion was approved by the following vote:
AYES: Lee, Mote, Putz, Melnick, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
Following further discussion, a motion was made by Mayor Herrick, seconded by Councilmember Putz, to concurrently begin negotiations with Big Bear Disposal in an effort to create an acceptable contract and move forward with a RFQ/RFI/RFP for trash hauling services.
Said motion was approved by the following vote:
AYES: Putz, Lee, Mote, Melnick, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
At the hour of 9:01 p.m., Mayor Herrick called a short recess.
At the hour of 9:06 p.m., Mayor Herrick reconvened the meeting.
2.3 MOONRIDGE CORRIDOR IMPROVEMENTS PROJECT AMENITIES
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City Council will review options and make selections for lighting fixtures, street furniture, trash cans, bicycle racks, water fountains, signage, and other project amenities to be incorporated into the Moonridge Corridor Improvement Project. Selected amenities must be ordered in the coming weeks to ensure delivery in time for installation later this year. Construction of planned roundabouts, street improvements, and other streetscape features will resume in April 2022, and the project is expected to be complete by October 2022. The established project budget for the Moonridge Corridor Improvement Project includes a set-aside of $300,000 for these amenities, with the cost of lighting fixtures already included in the previously awarded construction contract. Public art for the center of the planned roundabouts is not included in this discussion, as City staff envision a broader public decision-making process for any desired public art in the future.
Sean Sullivan, Director of Public Services, reviewed the project plans and the recommendations made by the stakeholders group, and presented options for several amenities in an effort to facilitate Council discussion.
Following Council and staff discussion, Mayor Herrick recommended that an Ad Hoc Committee be formed to further delve into the project amenities’ design details. Then Mayor Herrick selected Mayor Pro Tem Mote and Councilmember Melnick to serve on the Ad Hoc Committee.
2.4 JUNE 30, 2021 ANNUAL COMPREHENSIVE FINANCIAL REPORT City staff will present the City’s Fiscal Year 2020-21 Annual Comprehensive Financial Report for review by the City Council. The audited financial statements accurately present the City’s financial position as of June 30, 2021. The City continues to maintain a solid financial position, a structurally sound annual budget, with no concerning long-term liabilities. The total fund balance across all Governmental funds is in excess of $23.5 million as of June 30. After considering the intentional appropriation of excess transient occupancy tax revenues for the Moonridge project and other adjustments, the City’s total fund balance across all Governmental funds is approximately $18.5 million.
Kelly Ent, Director of Administrative Services, presented the City’s Annual Comprehensive Financial Report.
A motion was made by Mayor Pro Tem Mote, seconded by Councilmember Melnick to receive and file the 2021 Annual Comprehensive Financial Report.
Said motion was approved by the following vote:
AYES: Mote, Melnick, Putz, Lee, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
3. COMMENTS, ANNOUNCEMENTS & ADDITIONAL CITY BUSINESS
3.1 CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS
Erica Stephenson, City Clerk, reminded the public to submit their draft maps for the Council redistricting process by January 14.
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Frank A. Rush, Jr., City Manager, said that the distribution of the at-home COVID-19 testing kits was successful and indicated additional test kits will be distributed soon; briefly discussed the upcoming COVID-19 testing events at City Hall; highlighted items included in the “City Manager Comments” report and he engaged in Council discussion related to some Agenda items noted on the report, that will be brought forward for Council consideration at upcoming meetings.
3.2 COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS
The meeting was adjourned prior to this portion of the agenda, therefore, there were not any Councilmember Board/Committee Reports & Comments.
ADJOURNMENT
There being no further business to come before the Council at this Open Session, Mayor Herrick adjourned the meeting at 10:00 pm in memory of Axel Heller.
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Erica Stephenson, City Clerk