Big Bear Lake City Council
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status L 1.8.1 Implement the City Slope Density Ordinance
(Ordinance 90-191) as it may be amended from time
to time, and revise this ordinance if needed to
conform with the General Plan.

Reviewing authority Ongoing Ordinance implemented through the Development Review Committee (DRC) process. Ordinance amended in 2005.

Implementation ongoing.

L 1.9.1 Develop a coordinated effort between City
departments and agencies administering the
municipal, zoning and building codes, law
enforcement, fire prevention, public health, housing
and social services, to upgrade deteriorated areas
and/or structures within the City.

City Manager and staff, City
Council, Improvement Agency
Ongoing Code Compliance, Building & Safety, and Sheriff's Dept. coordinating on substandard building issues as needed. Ongoing.

L 2.1.1 In cooperation with Village business and property owners, undertake a comprehensive review of
parking needs in the Village and develop a master
plan for parking, which may address but not be
limited to consideration of additional City-owned lots, formation of a parking improvement district, developer
contributions to parking improvements, street
closures in certain locations, or other measures as
appropriate.

Engineering Division, Planning
Commission, City Council,
Improvement Agency
Complete and adopt by
1999; Implementation
ongoing
Analysis of existing parking completed in 2001. Bartlett Parking Lot expanded by 100+ spaces in 2001. As of 2021, there are three public parking lots located in the Village. With 96 onstreet parking, public parking totals 921 spaces.

Further evaluation is needed to accomodate buildout of the Village.

L 2.1.2 Evaluate the feasibility of constructing a "Village Green" as a central focal point for the Village and a
site for special events; this evaluation should include an analysis of suitable sites and potential financing
mechanisms.

Planning Division, City Manager 2003 A Village Green was created in Bartlett Rd parking lot in 2001, which has hosted numerous annual events. However, other events prefer to use the Village Christmas Tree Corner, which is not yet developed.

L 2.2.1 Adopt land use and zoning designations and
standards for general commercial development,
recognizing existing shopping centers and districts
and setting aside adequate land for new commercial
development.

Planning Division, Planning
Commission, City Council
2001 General Plan guidelines adopted in 1999 and Development Code in 2003 which recognized existing centers. Amendments have been made to add new land uses and clarify standards. However, comprehensive new standards are needed in consideration of current trends and technologies.

L 2.3.1 Adopt land use and zoning designations and
standards for visitor-commercial and recreationoriented development.

Planning Division, Planning
Commission, City Council
2001 General Plan guidelines adopted in 1999 and Development Code in 2003 which recognized existing centers. Amendments have been made to add new land uses and clarify standards. However, comprehensive new standards are needed in consideration of current trends and technologies.

L 2.3.2 Encourage and support development of major
facilities oriented to attracting visitors to the Big Bear Valley, which may include but not be limited to the
following facilities: a. An 18-hole golf course; b. A
high-altitude training facility; c. A sports complex for baseball, soccer, softball and other field sports; d. A two- or four-year college or satellite campus.

City Manager, City Council, staff
as directed
Ongoing Discussions have occurred with various groups. Over time, the focus has shifted to a waterfront central park with trails to connect to other parks, greenways, and commercial centers. This policy will need to be re-evaluated and updated.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status L 2.3.3 Develop, adopt and implement a master plan for
trails, including bikeways, hiking and walking trails, to enhance opportunities for visitors to enjoy the City
and surrounding scenery.

Planning Division,
Planning Commission,
City Council
Adoption by 2002;
Implementation ongoing
The Big Bear Valley Pedestrian, Bicycle, and Equestrian Plan was adopte in 2015. Subsequently the Rathbun Corridor Sustainability Plan was adopted in 2017.

L 2.3.4 Develop, adopt and implement plans to provide for public lakefront access, to enhance opportunities for
visitors to enjoy the lake.

Planning Division,
Planning Commission,
City Council
Adoption by 2002;
Implementation ongoing
Since 2001, the City has provided lakefront access through lakefront parks and trails including Veterans Park, Rotary Park, Boulder Bay Park, Stanfield Marsh including a connection to Alpine Pedal Path, and Knickerbocker Trail.

L 2.3.5 Develop and implement standards for special events to simplify the permitting process while protecting
public health and safety and limiting impacts to
residents and businesses.

Planning Division (draft
standards);
City Council (adopt)
Adoption by 2000;
implementation ongoing
Special event process for City-owned property adopted in 2001.

Revised procedures in the Development Code adopted February 2002. A conprehensive update occurred in 2014 to keep up with event impacts and quality of life for residents. A re-evaluation of special events procedures is again warranted.

L 2.4.1 Participate in inter-agency meetings on economic development for the Big Bear Valley, and provide
additional support as appropriate.

City Manager
City Council
Ongoing Ongoing. In 2021, the City formed a new Economic Development Adivisory Committee (EDAC).

L 2.5 Provide information and assistance to property
owners, business owners and developers to assist
them in establishing or expanding businesses within
the City, while ensuring that new development
conforms with City policies and standards, through
the following means: a. Provide simple, clear
application forms and written explanations of City
development review processes and requirements; b.

Provide information on demographic and economic
conditions in the City to assist the public in evaluating business opportunities; c. Work towards
establishment of a geographic information data base
and mapping system within the City to increase the
amount of information available to the public on
zoning, land use and infrastructure planning and other
pertinent data; d. Expedite and simplify permit
processing to the extent feasible, and provide
individualized assistance to persons requesting help
with City procedures.

Planning, Building and Safety
and Engineering Divisions; City
Manager; other staff as directed
1999 and ongoing Application forms, maps, and brochures created in 2000 and updated regularly throughout the General Plan period, as well as additional new applications and handouts being added (such as for Newsracks in 2009 and special event sin 2013). Information provided as needed to the public and to agencies whcih complile local data into regional maps. Maintenance and updates are ongoing.

L 3.1.1 Adopt and maintain the land use map to provide for a variety of residential uses in accordance with these
policies and with the locational criteria in the
residential land use designations as outlined in Policy L 1.1.

Planning Division
Planning Commission
City Council
1999 and ongoing Map adopted in 1999. Maintenance is ongoing.

L 3.2.1 Revise the Development Code and other applicable ordinances to incorporate these residential design
policies.

Planning Division (draft
revisions);
Planning Commission and City
Council (adopt)
2001 Development Code adopted in 2003 establishing standards for the Residential zone districts.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status L 3.2.2 Through the development review and approval
process, assure compliance of new residential
development projects with these policies and
applicable codes and ordinances.

Development Review Committee
and reviewing authority
Ongoing Implemented Planning Division review of residential plan checks in 2001. Implementation is ongoing. Development Code adopted in 2003 establishing standards for the Residential zone districts and standards are implemented through the Development Review process.

L 3.3.1 Provide code enforcement to ensure compliance with land use, property maintenance, and building code
requirements, and to preserve the existing housing
stock, enhance property values, and improve
residential neighborhoods.

Code Enforcement Ongoing Code Compliance Division is staffed. Implementation is ongoing.

L 3.4.1 Review any proposed commercial lodging facility or vacation rental proposal with respect to this policy to ensure conformance with the General Plan and
applicable codes and ordinances.

Planning Division, reviewing
authority
Ongoing Policies, standards, and procedures for vacation rentals and lodges have changed over time since 1998 with updates in 2007, 2009, 2015, and 2021. A re-evaluation of such uses in the multifamily designation is warranted to protect workforce housing.

L 3.4.1 Review ordinances regulating bed and breakfast
establishments and vacation rental operations to
evaluate their conformance with General Plan policies
protecting residential neighborhoods, and revise
these ordinances if appropriate.

Planning Division,
Planning Commission,
City Council
2001 Ordinance regulating Bed and Breakfast establishments was adopted in 2003 and periodically updated in 2009 and 2015.

L 3.5.1 In the Development Code, establish provisions for keeping of pets in residential zones and for keeping of horses within the Equestrian Estates and Rural
Residential designations, and adopt regulations for
non-conforming animal uses to transition these uses
out of inappropriate areas.

Planning Division and Code
Enforcement (draft regulations);
Planning Commission and City
Council (adopt)
2001 Development Code adopted in 2003 establishing standards for the keeping of pets and animals in residential zones. Amendments were made in 2021.

L 3.6.1 In the Development Code, adopt appropriate
standards for accessory uses in residential areas.

Planning Division (draft
regulations); Planning
Commission and City Council
(adopt)
2001 Development Code adopted in 2003 establishing standards for accessory uses in residential zones.

L 3.7 To support the provision of affordable housing in the City, provide incentives for development of these
units through measures which may include but are
not limited to the following: a. Provide for fasttracking of application review, plan check and inspection processes; b. Consider approving a
density bonus of no greater than 50 percent over the
base permitted density for projects providing
affordable units to low-to-moderate income families
and households, and consider approving a density
bonus of no greater than 100 percent for projects
providing affordable units to senior citizens, based on the merits and amenities provided within each project,
on a case-by-case basis.

Planning Division to draft
revisions, Planning Commission
and City Council to adopt.
2001 a. Fast-tracking available for new affordable housing proposals.

This policy is more appropriate in the Housing Element, where the City is required to comply with SB 35 for streamlining residential development proposals and affordable housing development. b. Density bonus maximums were amended in 2011 to comply with State law.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status L 4.1.1 Adopt and maintain the land use map to provide for a variety of commercial uses in accordance with these
policies and with the locational criteria in the
commercial land use designations as outlined in
Policy L 1.1.

Planning Division
Planning Commission
City Council
1999 and ongoing Development Code and Zoning Map adopted in 2003 establishing zone districts and development standards for commercial zoning districts.

L 4.2.1 Revise the Development Code and other applicable ordinances to incorporate appropriate regulations for
these commercial design policies.

Planning Division (draft
revisions); Planning
Commission and City Council
(adopt)
2001 Development Code adopted in 2003 establishing design and performance standards for commercial uses.

L 4.2.2 Through the development review and approval
process, assure compliance of new commercial
development projects with these policies and
applicable codes and ordinances.

Development Review Committee
and reviewing authority
Ongoing Implemented through the Development Review (DRC) process.

L 5.1.1 Adopt and maintain the land use map to provide for a variety of industrial uses in accordance with these
policies and with the locational criteria in the industrial land use designation as outlined in Policy L 1.1.

Planning Division
Planning Commission
City Council
1999 and ongoing Map adopted in 1999. Maintenance is ongoing.

L 5.2.1 Meet with County officials to discuss industrial development in the Valley, and take further action as
appropriate.

Planning Division
City Manager
City Council
Ongoing Met with County Supervisor and Economic Development staff in 2000, no further action. There is little to no interest in industrial development. Over time, some accessory industrial uses have been amended and added to the Development Code, while other industrial land has been rezoned to general commercial.

L 5.2.1 Revise the Development Code and other applicable ordinances to incorporate these industrial design
policies.

Planning Division (draft
revisions); Planning
Commission and City Council
(adopt)
2001 Development Code and Zoning Map adopted in 2003 establishing design standards for industrial uses.

L 5.2.2 Through the development review and approval
process, assure compliance of new industrial
development projects with these policies and
applicable codes and ordinances.

Development Review Committee
and reviewing authority
Ongoing Implemented through the Development Review (DRC) process.

L 6.1.1 Adopt and maintain the land use map to provide for a variety of public and open space uses in accordance
with these policies and with the locational criteria in the Public and Open Space designations as outlined
in Policy L 1.1
Planning Division, Planning
Commission, City Council
1999 and ongoing Implemented and reviewed through the Development Review (DRC) process with amendments processed as needed.

L 6.1.2 Evaluate development proposals with respect to any impacts on open space lands and/or public facilities,
and ensure that public and open space uses are not
adversely affected by new development.

Development Review Committee
and reviewing authority
Ongoing Implemented through the Development Review (DRC) process.

L 6.2.1 Evaluate City development projects pursuant to
applicable General Plan policies, codes and
ordinances, and ensure compliance with these
standards throughout construction and operation of
these facilities.

Development Review Committee
and reviewing authority
Ongoing Implemented through the Development Review (DRC) process.

Circulation Element

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status C 1.1.1 Adopt a Master Plan of Roads which conforms to the adopted Circulation Plan, and maintain these
documents with amendments as needed to ensure
that the circulation system will be adequate to support planned land uses.

Engineering Division, reviewing
authority
1999 and ongoing Pavement Management Plan completed in 2000.

C 1.2.1 Evaluate circulation plans and street improvement plans for all new developments and capital
improvement projects to ensure compliance with
these policies.

City Engineer and reviewing
authority
Ongoing Implemented through the Development Review (DRC) process.

C 1.3.1 Evaluate circulation plans and street improvement plans for all new developments and capital
improvement projects to ensure compliance with
circulation policies.

City Engineer and reviewing
authority
Ongoing Implemented through the Development Review (DRC) process.

C 1.4.1 Annually prepare and implement the City's Capital Improvement Plan and Pavement Management
Program to ensure compliance with these policies.

City Engineer
Public Works Department
City Council (authorize funding)
Ongoing Annually implemented.

C 1.5.1 Evaluate circulation plans and street improvement plans for all new developments and capital
improvement projects to ensure compliance with
these policies. Require traffic studies or traffic impact analyses for new developments, when appropriate.

City Engineer and reviewing
authority
Ongoing Implemented through the Development Review (DRC) process.

C 1.5.2 Seek funding for design and construction on
intersection improvements at the following locations,
and implement these improvements when feasible:
a. The intersection of Paine Road; Big Bear
Boulevard and Village Drive;
b. The intersection of Pine Knot Avenue and Big Bear
Boulevard;
c. The intersection of Moonridge Road/Garstin Drive
and Big Bear Boulevard
City Engineer
Public Works Department
City Council
Ongoing Implemented; all three intersections are now signalized intersections.

C 1.6.1 Evaluate circulation plans and street improvement plans for all new developments and capital
improvement projects to ensure compliance with
these policies.

City Engineer and reviewing
authority
Ongoing Implemented through the Development Review (DRC) process.

C 1.7.1 Through the development review and environmental review process, evaluate circulation plans and street
improvement plans for all new developments and
capital improvement projects to ensure compliance
with these policies, and require mitigation of traffic
impacts through appropriate means.

Development Review Committee
City Engineer and reviewing
authority
Ongoing Implemented through the Development Review (DRC) process.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status C 1.8.1 Through the development review and environmental review process, evaluate circulation plans and street
improvement plans for all new developments and
capital improvement projects to ensure compliance
with these policies, and require improvements when
warranted.

Development Review Committee
and reviewing authority
Ongoing Implemented through the Development Review (DRC) process.

C 1.9.1 Participate on regional transportation committees and coordinate with other agencies regarding plans,
programs, funding sources and services which affect
the quality and safety of the City's circulation system.

Planning, Engineering, Public
Works Divisions, City Manager
and City Council
Ongoing The City is a participant member in the San Bernardino County Transportation Agency (SBCTA), and of Southern California Association of Governments (SCAG). Have coocrdined funding and efforts for improvements to routes that lead to Big Bear, as well as sidewalk and bike lane projects.

C 1.10.1 Coordinate with Caltrans to designate and sign SR-18 as a truck route within City limits.

Engineering Division 1999 and ongoing Implemented.

C 2.1.1 Continue to participate in the Mountain Area Rapid Transit Authority (MARTA) as a member of the joint
powers agency, and provide support and coordination
as needed.

Public Works, City Manager, City
Council
Ongoing MARTA is now Mountain Transit. City continues to be a participating member.

C 2.1.2 Promote the use of public transit by assisting in the designation of safe and convenient transit stops, with
seating and shelters where appropriate.

City Engineer, Planning Division Ongoing Implemented and coordination with Mountain Transist is ongoing.

Most recently the City assistend Mountain Transit to obtain a grant for construction of an ADA-comliant bus stop and shelter on Big Bear Boulevard (Stater Bros. Shopping Center, primarty route).

C 2.2.1 Require that new development projects which have the potential to affect the level of service on
designated CMP roadways shall comply with the
CMP.

City Engineer, reviewing
authority
Ongoing Implemented through the Development Review (DRC) process.

However, Vehicle Miles Traveled (VMT) is now the method by which cities must measure transporation impacts of development and VMT thresholds and guidelines have been developed for the City in 2021 (draft) to be adopted in 2022.

C 2.2.2 Assist with monitoring requirements on CMP
roadways, if needed.

City Engineer Annually or as required
by the CMP
Implemented and reviewed on an ongoing basis as needed.

C 2.3.1 Work with event promoters and other interested
parties to assist in studying the feasibility and cost
effectiveness of establishing remote parking and
shuttle services for special events.

Planning and Engineering
Divisions
Ongoing as needed Implemented through the Development Review (DRC) process for special events.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status C 3.1.1 Prepare a Master Plan for Trails for the City which includes, but is not limited to, the following issues:
a. Use of flood control easements and public utility
easements for trails;
b. Use of public rights of way for trails;
c. Trail links needed between open space and
recreational areas;
d. Potential locations for trails near the lakefront; e.

Potential locations for trails along Rathbun Creek;
f. Appropriate locations for on-street bikeways;
g. Links with existing and planned trails in
unincorporated county areas and the U.S. Forest
Service;
h. Trail locations for bicycles as well as multi-purpose hiking trails;
i. Convenient trail links to activity areas, including
schools, parks, and shopping districts;
j. Availability of funding mechanisms for trail
acquisition and development.

Planning and Engineering
Divisions (prepare master plan);
Planning Commission and City
Council (review and adopt)
Master Plan completed
2001; Implementation
ongoing
Big bear Valley Pedestrian, Bicycle, and Equestrian Master Plan of Trails adopted in 2015, completed through grant funds.

C 3.1.2 Require bicycle parking in commercial developments where appropriate, located in a convenient area of
the site which is visible from adjacent storefronts for security purposes.

Planning Division, reviewing
authority
Ongoing Implemented through the Development Review (DRC) process.

C 3.1.3 Promote accessibility to all City-owned facilities by bicycles and pedestrians, to include secure bicycle
parking areas where appropriate.

Planning Division, lead agency
and reviewing authority
Ongoing Implemented through used of grant funds at City facilities and parks and trails; improvements and maintenance is ongoing.

C 3.1.4 In review of new development proposals, evaluate the accessibility of proposed facilities for pedestrians and bicyclists, and ensure that safe convenient
access links are provided on site as well as
connections from the site to public sidewalks and
adjacent developments, where appropriate.

Planning Division, reviewing
authority
Ongoing Implemented through the Development Review (DRC) process and the Big Bear Pedestrian, Bicycle, and Equestrian Plan (also referred to as the Master Plan of Trails).

C 3.2.1 Require provision of sidewalks on all new commercial and residential development and within residential
developments, except for individual homes on
existing lots where no improvements exist or are
required. Where appropriate, safe and convenient
walkways should be provided within and adjacent to
commercial centers to provide access between stores
and between parking areas and stores.

City Engineer and reviewing
authority
Ongoing Implemented through the Development Review (DRC) process.

Miles of sidewalks have been constructed through the
development process and through non-motorized trasnportation grants and funds.

Environmental Resources Element

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status ER 1.1.1 When potentially significant impacts to biological resources are identified in an initial study conducted
under the California Environmental Quality Act
(CEQA), the City shall require the project applicant to prepare and submit a biological resource analysis and
shall distribute this analysis to the appropriate
responsible agencies and require compliance with
recommended mitigation measures.

Planning Division, responsible
agencies and reviewing authority
Continue an ongoing
program
Implemented through the Development Review (DRC) process.

ER 1.1.2 The City shall take measures to encourage the
conservation of bald eagles and their habitat in the
planning area and throughout the Big Bear Basin,
through CEQA review and through adoption of an
ordinance addressing protection and/or replacement
of identified perch trees.

Planning Division, Planning
Commission, City Council
Revise Tree Ordinance
(Ordinance 92-233) to
address preservation of
perch trees FY 1999-
2000; Implementation
ongoing
Implemented through the Development Review (DRC) process.

ER 1.1.3 The City, in cooperation with other agencies, shall encourage the conservation of any species in the
planning area which are listed as endangered in
conformance with applicable state and federal laws,
through implementation of CEQA and the
Endangered Species Act, investigation of the
feasibility of mitigation banking, and through working
with appropriate conservation entities to identify and
protect sensitive habitat areas.

Planning Division, Planning
Commission, City Council
Ongoing Has been implemented through the Development Review (DRC) process and through the Native Brush and Shrub regulations.No mitigation banks have been established although conservation groups have purchased sites which are critical habitat for endangered/sensitive species and wetlands.

ER 1.1.4 The City shall inform and encourage developers to salvage top soils and trees from their development
sites for incorporation into project landscaping to the greatest extent possible. Where appropriate, the use
of salvaged or preserved indigenous trees shall be
indicated on project landscaping plans submitted to
the City for approval.

Planning Division Immediately upon
adoption; continuous
Implemented through the Tree Conservation and Defensible Space Ordinance and through the Development Review (DRC) process.

ER 1.1.5 Establish and maintain contacts with local, county, state and federal agencies, as well as private nonprofits, and consult and cooperate in efforts to maintain and broaden habitat conservation, especially
where essential for the preservation of sensitive, rare and endangered species.

Planning Division Ongoing Implemented though the Development Review (DRC) process, Tree Conservation and Defensible Space Ordinance, including Native Brush and Shrub requirements. No Habitat Conservation Plans have been established although conservation groups have purchased sites which are critical habitat for endangered/sensitive species and wetlands.

ER 1.1.6 The City shall continue to require the preparation of wildlife surveys and as necessary, Habitat
Conservation Plans, in compliance with Federal
Section 1-a(1)(B) of the Endangered Species Act and
Section 2081 of the State Endangered Species Act.

Planning Division in cooperation
with Department of Fish &
Wildlife, California Department of
Fish & Game
Ongoing Implemented though the Development Review (DRC) process. No Habitat Conservation Plans have been established although conservation groups have purchased sites which are critical habitat for endangered/sensitive species and wetlands.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status ER 1.1.7 Regulate the use of off-road areas within the planning area for recreational vehicle use, including motorized
vehicles and mountain bikes, to restrict these uses to
designated trails and sites away from sensitive habitat areas.

Planning Division to include in
Development Code update,
Code Compliance to enforce
Adoption 1999;
Enforcement ongoing
No regulations established. Master plan of trails limits trail uses in the City to non-motorized transportation.

ER 1.1.8 The City shall regulate stockpiling dirt and
construction materials and debris, to ensure that
these activities do not jeopardize sensitive plants or
significant habitat areas.

Planning Division to include in
Development Code update,
Code Compliance to enforce
Adoption 1999;
Enforcement ongoing
Stockpiling permits regulated through the Temporary Use Permit (TUP) process. Standards established through General
Procedures of the Development Code.

ER 1.1.9 The City shall require analysis of any development proposal which may impact wetlands, and shall
require that wetlands be delineated pursuant to the
Federal Clean Water Act and as required by the
California Department of Fish & Game.

Planning Division Ongoing Implemented through the Development Review (DRC) process.

ER 1.2.1 The City shall compile and distribute a suggested plant material list containing species known to
complement local indigenous vegetation and to
succeed in local climatic conditions, and shall
discourage use of inappropriate plant material
through landscape plan review on development
projects.

Planning Division and reviewing
authority
Compile plant list
brochure 1999;
distribution of list and
plan review ongoing
The City has been ahead of State landscape requirements. This policy has been implemented through the Development Review (DRC) process, and through assistance with local groups and the DWP. The City now complies with WELO as well.

ER 1.2.2 The City shall encourage and promote public
awareness of appropriate landscaping materials and
techniques through development of a demonstration
xeriscape garden and printed information addressing
water conserving irrigation systems, planting practices to protect tree root systems and other appropriate
information, including plant species that are strongly
discouraged due to their incompatibility with local
ecosystems.

Demonstration Garden: Public
works; Informational material;
Planning and Building and Safety
Divisions; Distribution: Planning
and Building and Safety
Divisions, and DWP
Informational material:
1999 and ongoing.

Demonstration garden:
as funding permits
The City has been ahead of State landscape requirements. This policy has been implemented through the Development Review (DRC) process, and through assistance with local groups and the DWP. The City now complies with WELO as well.

ER 1.2.3 The City will support expansion of Moonridge Zoo Animal Park to display more local plant and animal
species in order to enhance public understanding and
appreciation of local ecosystems.

City Council and staff as directed Based on funding
availability
Animal Park plans to relocate out of the City due to loss of land lease.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status ER 1.3.1 The City shall continue to confer and cooperate with all other responsible agencies in efforts to maintain
and improve the aquatic ecology and associated
wildlife habitats within and around the Lake, through
the following means: a. Implement National Pollution
Discharge Elimination System (NPDES) requirements
to minimize pollutants in the waters reaching the
Lake; b. Regulate uses adjacent to the Lake within
the planning area through the Development Code and
Municipal Code, as appropriate; c. Coordinate with
the efforts of the Natural Heritage Foundation and
other appropriate entities to assist them in
maintaining and preserving significant habitat areas
near the Lake.

Planning Division, Engineering
Division, and reviewing authority
for new development projects
Ongoing Ongoing and NPDES and WQMPs are implemented as part of Development Review (DRC) process.

ER 1.4.1 Coordinate with the Natural Heritage Foundation, the University of Redlands, San Bernardino County, state
and federal agencies, and applicants to compile the
best available information on biological resources
within the planning area, and use this information in
evaluating development issues.

Planning Division Ongoing Information collected. Biological impacts reviewed on all projects through the development process.

ER 1.5.1 The City shall investigate the feasibility and appropriateness of establishing interpretive trails
within open space and wildlife preserve portions of
the planning area, in order to educate users and
enhance their appreciation for the various wildlife
communities in the City.

Planning Division Ongoing Implemented through the master plan of trails. Local conservation groups have also purchased conservation land.

ER 2.1.1 Development proposals on sites occurring within areas which are determined through initial evaluation
to be potentially significant shall be routed to the San Bernardino Archaeological Information Center (AIC)
at the San Bernardino County Museum in Redlands,
or other appropriate agency, for comment during
initial environmental review in accordance with the
notice and comment provisions applicable to
responsible agencies under CEQA.

Planning Division Ongoing Proposals being routed based on initial review to the AIC and State Clearinhouse. Ongoing.

ER 2.1.2 For new development projects on sites recommended for further study based on a high probability of
resources on the site, a cultural resource analysis
performed by a qualified professional may be required
as part of the CEQA review process, and mitigation
measures will be required as deemed appropriate.

Planning Division Ongoing Historical studies required on projects as needed.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status ER 2.2.1 Only those with appropriate professional and
organizational ties, property owners or prospective
property owners shall be provided access to mapping
information and similar location-oriented resource
information available at the City, to the extent
permitted by law.

Planning Division Ongoing Implementation is ongoing.

ER 2.3.1 The City shall cooperate with local recognized historical associations to review the historical and
archaeological resources of the area for possible
application for status as a historical landmark or
inclusion as local or State Historical Places, or
National Register or Historic Places, as needed.

Planning Division Ongoing Coordinate with Bear Valley Historical Society on specific buildings and proposals as needed.

ER 2.3.2 In cooperation with local recognized historical associations, the City will encourage and support the
reasonable maintenance, protection and
enhancement of cultural resources as valuable assets
to the City's economic and tourism resources.

Planning Division Ongoing Worked with property owner to evaluate and preserve portion of 1913 cabin. Implemented Development Review (DRC) process and coordinated with Big Bear Historical Society. Ongoing as needed.

ER 3.1.1 Enforce regulations and guidelines and update them as needed to meet the specific needs in the planning
area to manage storm water flows, which may include
requirements for on-site detention or retention, and
which implement the NPDES program, enhance
groundwater recharge, complement regional flood
control facilities, and address applicable community
design policies.

Public Works Division, Planning
Division, City Engineer,
Department of Water and Power
Ongoing City cooperates with San Bernardino County on NPDES permit.

ER 3.2.1 Monitor changes in state and federal guidelines and aggressively pursue enforcement to ensure mitigation
of groundwater contamination hazards from point and
non-point pollutants.

Planning, Engineering and Public
Works Divisions, Fire
Department, and Department of
Water and Power
1998 Implemented through required Water Quality Management Plan (WQMP).

ER 3.3.1 Ensure coordination of long range goals and
objectives within and between City plans and
programs, including the General Plan, Capital
Improvement Program, Water Master Plan and others
as appropriate.

Planning Division, Engineering
Division, Department of Water
and Power
Ongoing CIP coordinated with water and sewer plans and General Plan annually.

ER 3.3.2 Ensure that the water distribution system is planned and constructed to adequately serve existing and
planned development, through the development
review process.

Planning Division, City Engineer,
Public Works Division,
Department of Water and Power
Ongoing Implemented through the Development Review (DRC) process.

ER 3.3.3 Participate with and encourage the appropriate local water agencies to investigate all potential alternatives for the Valley-wide conjunctive use of water.

Department of Water and Power Ongoing The City and DWP are supportive of the Big Bear Area Regional Wastewater Agency (BBARWA) water reclamation project.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status ER 4.1.1 Encourage the use of indigenous and/or appropriate drought-resistant planting materials and require
efficient irrigation systems on new development
projects.

Planning Division or reviewing
authority
Continuous Implemented through the development review process, Big Bear Boulevard Beautification program, and the Tree Conservation Ordinance. Xeriscape requirements included in Development Code Update 2003.

The Department of Water provides a Landscape Guide to
residents, and also dedicates a website to landscape conservation depicting xeriscape gardens.

Demonstration xeriscape planting at the Civic Center completed in 2005. These are now standard State requirements through the WELO.

ER 4.1.2 Continue to develop educational materials and
programs that encourage and facilitate water
conservation throughout the community
Planning Division, Department of
Water and Power
Continuous DWP provides materials and programs. These are now standard State requrements and implemented through WELO. Ongoing.

ER 4.2.1 The City shall provide information on the use of lowflush toilets, water conserving appliances, and lowflow showerheads and faucets for existing development, and shall require the application of
water conserving technologies in conformance with
applicable state laws for new development.

Building and Safety Division,
Department of Water and Power
Continuous Information provided by DWP; these are now standard State requirements. Ongoing.

ER 4.2.2 Encourage the availability in local shops of low-flush toilets, water conserving appliances, and low-flow
shower heads and faucets to facilitate their
installation by private parties.

Department of Water and Power Immediately upon
adoption; continuous
Program for fixtures was provided through DWP; now standard state law and available widely through retail stores.

ER 5.1.1 The City shall maintain both formal and informal cooperative review and consultation programs with
the Municipal Water District, County Flood Control,
the US Forest Service and other affected agencies in
coordinating water quality planning in multijurisdictional watersheds.

City Engineer, Planning Division,
Department of Water and Power
Ongoing Coordination occcures as needed.

ER 5.1.2 Require that all new commercial developments
proposing to include enclosures for kept animals on
property traversed by a water course such as a
drainage way, stream or a wetland containing surface
water, shall maintain a distance of no less then forty
(40) feet between the animal enclosure and the water
course or wetlands. For this program, the term
"enclosure" includes but is not limited to a barn,
stable, pasture, corral or other similar enclosure.

Whatever barrier is utilized must not prohibit wildlife from using the water course or wetland.

Planning Division, Code
Compliance
Immediately upon
adoption; continuous
No proposals received to date. Monitoring ongoing through DRC.

ER 5.1.3 Site development practices which reduce erosion, promote rapid revegetation and reduce the amount of
sediment leaving a construction site shall be adopted
and enforced, to protect drainage ways and Lake
resources.

Building and Safety Division,
Code Compliance
Adoption FY 1999-2000;
enforcement ongoing
NPDES and erosion control requirements are applied to all public and private projects.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status ER 5.1.4 In conjunction with other appropriate agencies, participate in developing and implementing a public
information program regarding the appropriate use of
herbicides and fertilizers to limit pollution of surface waters.

Planning Division, Department of
Water and Power
Immediately upon
adoption; continuous
NPDES advertisements in the Grizzly and handouts available at the DWP.

ER 5.1.5 Develop and implement a public information program for residents and the building trades which details
erosion control and construction management
practices to protect the watershed.

Building and Safety Division,
Engineering Division
Ongoing through
development review and
grading inspection
procedures
Provided on handouts and via Building Open House Events.

ER 6.1.1 Assist local residents and businesses to comply with SCAQMD permits and requirements or to seek
exemptions as appropriate, while maintaining the
City's commitment to preserving air quality.

Planning Division Ongoing as needed No request for permit assistance received to date.

ER 6.2.1 The General Plan Land Use Element shall be
developed and maintained to locate air pollution point
sources, such as manufacturing facilities, at an
appropriate distance from residential areas and other
sensitive receptors.

Planning Division, Planning
Commission, City Council
1998 and ongoing General Plan map adopted and updated as needed. Minimal industrial land designated in the City.

ER 6.2.2 The City shall conduct an initial study pursuant to CEQA and, as appropriate, require detailed air quality
analysis for all applications which have the potential
to adversely affect air quality. All development
proposals brought before the City will be reviewed for
potential adverse effects on air quality and will be
required to mitigate any significant impacts in
accordance with CEQA.

Planning Division and reviewing
authority
Ongoing CEQA review for air quality performed as needed.

ER 6.2.3 Through the CEQA review process, the City shall impose mitigation measures, including the use of
temporary irrigation or site stabilization, as well as
other measures which will effectively limit fugitive dust emissions resulting from construction or other site
disturbance.

Planning Division, Public Works
Division
Ongoing Construction dust control requirements implemented on all projects.

ER 6.2.4 The City shall adopt standards to limit pollution in the form of particulate matter emitted from combustion,
which may include but not be limited to, use of woodburning stoves and commercial outdoor barbecues.

Planning Division to draft
standards in Development Code
update. Building and Safety and
Code Compliance Divisions to
implement.

Adoption of standards in
2003; Enforcement
ongoing
No work completed to date, adhere to State standards.

ER 6.3.1 The City shall promote the development of
community-wide multi-use trails and bike paths,
dedicated bike lanes and other desirable alternatives
to other vehicle traffic, and encourage the placement
of bicycle facilities such as bicycle racks and bicycle lockers at appropriate locations.

Planning Division, Planning
Commission, City Council
Prepare and adopt
Master Plan for Trails, FY
99-2000.

Master Plan for Trails was adopted in 2014.

ER 6.3.2 The City shall encourage the regional transit authority to maintain comprehensive public transit routes
throughout the Valley.

Planning Division Ongoing City participates in the local Mountain Transit agency.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status ER 6.3.3 As future demand warrants, the City shall promote and support the development of a park-and ride
program or facility to decrease existing and future
traffic levels.

Public Works Division, Planning
Division, City Engineer,
Department of Water and Power
As warranted No demand for park-and-ride facility to date, however there is interest in providing one off-the-mountain to decrease vehicle traffic into the valley.

ER 6.3.4 The City shall encourage use of shuttle services for special events to limit traffic congestion during these times.

Planning Division Ongoing through review
of special event permits
Evaluated for special events on a case-by-case basis and as part of the Winter Traffic Management Plan for the local ski resort.

ER 6.4.1 The City shall consider the use of alternative and/or renewable energy courses in City vehicles to the
extent practical.

City Manager's Office, Public
Works Division
Continuous City has purchased energy efficient vehicles as feasible.

ER 6.4.2 When warranted by technology and need, the City shall encourage use of electric vehicles by facilitating location of charging stations in the City.

Planning Division As needed Inquiries for community charging stations have occurred regularly since 2018. Widespread use of alternative energy not yet feasible in the City but the City continues to support efforts and evaluate funding opportunities, especially for vehicle charging stations.

Solar energy is processed with a simple PV permit through Building & Safety to encourage residential and commercial use of solar panels.

ER 7.1.1 Encourage the use of passive solar energy for natural heating through design, construction and landscaping
techniques.

Planning and Building and Safety
Divisions; reviewing authority for
development projects.

Ongoing Solar exposure considered by the DRC in development review.

Ongoing.

ER 7.1.2 Plan for and implement alternative transportation modes, such as bicycles, pedestrians and public
transit in order to minimize energy consumption from
private automobile use, through development of a
master plan for trails and continued cooperation with
the local transit provider.

Planning Division Prepare and adopt
Master Plan for Trails.

Master Plan for Trails was adopted in 2014.

ER 7.1.3 Support and facilitate the integration of proven alternative energy systems into new development
projects, where appropriate
Planning Division, Building and
Safety Division
Continuous Inquiries for charging stations have occurred regularly since 2018.

Widespread use of alternative energy not yet feasible in the City but the City continues to support efforts and evaluate funding opportunities, especially for vehicle charging stations. Solar energy is processed with a simple PV permit through Building & Safety to encourage residential and commercial use of solar panels.

ER 7.1.4 Encourage the use of alternate fuel vehicles, when technology makes their widespread use readily
available, by seeking funding for support
infrastructure as appropriate, and by modifying City
regulations to accommodate their use as needed.

Planning Division, Planning
Commission, City Council
Based upon availability Inquiries for charging stations have occurred regularly since 2018.

Widespread use of alternative energy not yet feasible in the City but the City continues to support efforts and evaluate funding opportunities, especially for vehicle charging stations. Solar energy is processed with a simple PV permit through Building & Safety to encourage residential and commercial use of solar panels.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status ER 7.2.1 Adopt policies and standards to regulate mining activities, if such regulations are needed in the future.

Planning Division to draft
regulations; Planning
Commission and City Council to
review and adopt; reviewing
authority to implement the review
of mining proposal
As needed No need identified to date.

ER 7.3.1 On the land use map, ensure an adequate buffer area between mineral resource areas and adjacent
residential uses.

Planning Division and reviewing
authorities
Ongoing No mineral resource areas designated to date.

Environmental Hazards Element
EH 1.1.1 Maintain records in the Planning and Engineering Divisions of geotechnical and soils reports, maps,
data available from County and State agencies, and
other information as appropriate, and make this
information available to project applicants and staff
for use in designing and evaluating new development
proposals.

Planning and Engineering
Division
Ongoing Recoreds are maintained on file. Ongoing.

EH 1.1.2 Require development proposals in areas that have the potential to experience geologic hazards such as
settlement, rockfall, landslide, slope instability and/or liquefaction, to prepare a detailed geotechnical
analysis and incorporate report recommendations into
the project as appropriate.

Planning and Engineering
Divisions and reviewing authority
Ongoing Implemented through the Development Review (DRC) process.

EH 1.1.3 Review new development proposals (including singlefamily residential uses) which are located in or immediately adjacent to areas with potential for soil
instability, liquefaction and steep slopes to determine if significant constraints exist and to determine
appropriate land use or hazard mitigation methods,
and require compliance with any such measures
identified.

Planning, Building and Safety,
Engineering Divisions and
reviewing authority
Ongoing Soil review through the plan check process.

EH 1.1.4 Maintain and apply the City's Slope Density
Ordinance (Ordinance 90-191), as it may be
amended from time to time, to protect hillside areas
from incompatible development and minimize
adverse geologic impacts.

Planning, Building and Safety
Divisions, and reviewing
authority
Ongoing Implemented through the DRC review, and plan check process.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status EH 1.2.1 The City shall adopt an ordinance creating a
rehabilitation program for non-residential unreinforced masonry buildings with the goal of rehabilitating older, non-compliant structures within five years after
adoption of the ordinance. The program shall provide
for, but not be limited to, any or all of the following:
measures to strengthen buildings; measures to
change the acceptable occupancy levels or to
demolish the building; and incentives to repair
buildings which are available through federal and
state programs.

Building and Safety Division Ordinance adoption FY
2000-01; implementation
ongoing
Survey of potentially unreinforced masonry construction was completed in 1996. All buildings that were identified as being potentially constructed with unreinforced concrete masonry were inspected and found to have been built with reinforced concrete.

EH 1.3.1 Provide information on rehabilitation of commercial, industrial and institutional structures which were not
constructed to withstand major seismic events.

Building and Safety Division Ongoing All potential buildings were inspected 1996 General Plan and determined to be built of reinforced concrete.

EH 1.4.1 Establish and maintain working relationships with utility and service providers to coordinate efforts on
long-range planning, facility upgrades, maintenance,
and emergency response plans.

Public Works Division,
Department of Water and Power,
Planning Division, Fire
Department
Ongoing City participates in the Utility Co-ordination Committee and Agency Managers meetings.

EH 1.4.2 Encourage and cooperate with Caltrans, San
Bernardino County, and appropriate public agencies,
to stabilize susceptible slopes and strengthen bridges, and other structures along state highways which may
be subject to failure during major seismic events.

Planning Division, City Engineer,
Public Works Division
Ongoing The City promotes and supports highway improvements as needed.

EH 1.4.3 Continue to monitor progress, and cooperate with Caltrans in implementing the relocation or
reconstruction of Highway 18 at the Bear Valley Dam
as soon as practical.

Planning Division, City Engineer,
City Manager's Office
Ongoing The City participates in meetings and review of the project.

Ongoing.

EH 1.5.1 As part of the City's Emergency Preparedness
programs, coordinate with local utility companies,
school, park and county service districts, the library, hospital, and other appropriate entities to provide
emergency preparedness information to the general
public regarding appropriate action before, during and
after earthquakes and other disasters.

Fire Department, Planning
Division, Building and Safety
Division, City Engineer
Immediate, Continuous The City participates in the Mountain Mutual Aid meetings, and attends Operational Area Coordinating meetings. The Fire Dept. provides ongoing public education on Emergency Preparedness (ie. Library, Schools).

EH 2.1.1 Develop and adopt a Master Plan of Drainage which includes a prioritized listing of needed facilities, and include such facilities in the City's Capital
Improvement Program.

City Engineer Adoption 1999;
Implementation ongoing
Adopted in 1999. Updated Master Plan of Drainage is needed.

EH 2.1.2 Update the City's ordinances and engineering
standards as needed to reflect the recommendations
and facilities contained in the Master Plan for
Drainage, which may include, but not be limited to,
techniques for snow storage and standards to reduce
the rate of runoff.

City Engineer Update standards FY
1999-2000;
implementation ongoing
The Flood Damage Prevention Ordinance adopted in 2002.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status EH 2.1.3 Ensure that the City's drainage courses are regularly maintained and kept free of debris and obstructions to
the extent allowed by environmental laws and
restrictions.

City Engineer, Public Works
Division
Ongoing Maintenance is continuous and ongoing by Public Works.

EH 2.1.4 Implement public financing programs where feasible to provide for required drainage improvements and
coordinate design and construction of flood control
improvements with adjacent jurisdictions where
appropriate.

City Engineer, City Council Ongoing Drainage improvements included in revised Development Impact Fees (2009).

EH 2.1.5 Coordinate with the Forest Service to inform them of flooding problems within the City which result from
conditions on National Forest land, and work with that
agency to resolve these issues as needed.

Public Works Division Ongoing No coordination with the Forest Service on drainage issues to date. In 2005, City worked with County to obtain a $500,000 grant for digital mapping of the entire Big Bear Lake watershed; work to be done by San Bernardino County.

EH 2.1.6 The City shall cooperate in securing FEMA map
amendments recognizing the appropriate
redesignation of the 100-year flood plains within the
City boundaries as needed.

City Engineer Ongoing as needed The City cooperates with FEMA on an as needed basis.

EH 2.2.1 Require that building foundations be a minimum of one (1) foot above the 100-year flood elevation,
unless alternative diversion methods are approved by
the City Engineer.

City Engineer Ongoing Flood Plain Ordinance revised to require one foot elevation in 2002.

EH 2.2.2 Require development proposals in areas that have potential to experience flooding or cause additional
stormwater flows to prepare a detailed hydrology
study and incorporate report recommendations into
the project as appropriate.

City Engineer Ongoing Implemented through the Development Review (DRC) process.

EH 2.2.3 Require that all required primary and secondary access routes for new development should be located
outside of the 100-year flood plain or be designed to
withstand a 100-year flood, to the extent feasible.

City Engineer and reviewing
authority
Ongoing Implemented through the Development Review (DRC) process.

EH 2.2.4 Ensure that new development complies with flood plain zoning and watershed management regulations.

City Engineer and reviewing
authority
Ongoing Implemented through the Development Review (DRC) process.

EH 2.3.1 Prepare and distribute information showing methods to prevent pollution of surface water runoff by point
and non-point source pollutants, to promote
protection of the watershed.

Planning Division, Building and
Safety Division, Department of
Water and Power
Initiate in FY 1999-2000
and Ongoing
The City participates in public education through the San Bernardino County NPDES program.

EH 2.4.1 Emergency evacuation/access plans shall be
developed for areas of the City where development
already occurs within the 100-year flood plain.

Fire Department, Public Works
Division, Planning Division, City
Engineer
FY 1999-2000 and
ongoing
Evacuation routes and signs have been implemented.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status EH 2.4.2 Confer and consult with the Municipal Water District and Caltrans to assure adequate all-weather
crossings/facilities at appropriate locations along
State Highways surrounding the Lake, especially
those serving as emergency evacuation/access
routes.

City Engineer, Public Works
Division
Ongoing Caltrans constructed a new bridge over the dam. Other access improvements were evaluated in the 2017 Moutain Area
Transportation Study (MATS) and are being implemented
(intersection of North Shore/HWY 38 and Stanfield Cutoff).

EH 2.5.1 In development or review of proposed
detention/retention basins, evaluate the potential for
their use as play fields and implement joint use
facilities where appropriate.

Engineering, Public Works and
Planning Divisions, City Council
As needed and
appropriate
Implemented through the Development Review (DRC) process.

EH 3.1.1 Through the development review process, identify uses which propose the manufacture, storage, use
and/or disposal of significant quantities of hazardous
and toxic materials within the community, and require
that these projects obtain a conditional use permit
and comply with the County Hazardous Waste
Management Plan.

Planning Division, Development
Review Committee, reviewing
authority and Fire Department
Ongoing Implemented through the Development Review (DRC) and Business License review.

EH 3.1.2 Coordinate with appropriate departments and
agencies to establish transportation management and
contingency emergency procedures and training
programs for police, fire, medical and other
organizations that would be involved in an airborne
release or ground spill of hazardous and toxic
materials or waste.

Public Works Department, Fire
Department, Sheriff's
Department
Ongoing Coordination with Valley agencies via Mutual Aid Department Policy on Hazardous Materials responses and airborne materials.

EH 3.1.3 Coordinate with San Bernardino County to obtain copies of business plans addressing the use of
hazardous materials within the City, and review
proper handling and storage procedures with
business owners as part of the annual business
inspection program.

Fire Department Ongoing Ongoing during Business License application and annual review process.

EH 3.2.1 Coordinate with the appropriate state and federal agencies to activate procedures for the cleanup of
existing and future hazardous and toxic waste sites
within the planning area.

Building and Safety Division, Fire
Department, other agencies as
appropriate
Ongoing Ongoing. UST sites have been monitored and cleaned according to the State Water Resources Control Board.

EH 3.3.1 Prepare and/or disseminate information and
instructive education program materials including
direction on the identification and proper
management of household hazardous waste.

Planning Division, Public Works
Division, Fire Department
Ongoing Began media campaign in 2001; San Bernardino County provides information at large community functions.

EH 3.3.2 Continue to make a household hazardous waste
collection site available to residents within the City, and evaluate expanding this service to handle small
generators of hazardous waste.

Fire Department, Public Works
Division
Ongoing Site provided by the City Public Works Yard and operates during normal business hours.

Noise Element

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status N 1.1.1 On the land use and zoning maps, designate noisesensitive uses in areas away from noise generators, and locate noise-compatible uses near existing and
future air and highway transportation noise sources,
to the extent feasible.

Planning Division, Planning
Commission, City Council
1998 and ongoing Implemented with adoption of land use map in 1999.

N 1.1.2 Designate primary truck routes and clearly mark those routes through the City; these routes should be
limited to Highway 18 and major arterials.

Planning and Public Works
Divisions, with City Council
approval
Ongoing Truck routes identified in the General Plan.

N 1.1.3 In planning for circulation, design a road network which routes the majority of through traffic along
arterial roads and the highway, and preserves the
residential character of neighborhoods by routing
traffic around these areas.

Planning Division, Planning
Commission, City Council
1998 and ongoing Implemented on the Circulation Map, adopted 1999.

N 1.1.4 Protect from intrusion of new noise sources those areas which have value to the community because of
their scenic beauty, resource conservation, viewshed,
residential character, or other amenity considered to
be important to the City.

Planning Division through the
development review process,
and reviewing authority.

Ongoing Handled through the development review and CEQA process.

N 1.2.1 Review new land use proposals with respect to
potential noise impacts pursuant to the California
Environmental Quality Act.

Planning Division and reviewing
authority
Ongoing Implemented during project review.

N 1.2.2 Monitor noise sources within the community, including Big Bear Airport; revise land use plans and noise
standards as needed to ensure that noise impacts are
mitigated, and coordinate with Big Bear Airport and
the FAA to establish and update policies for reduction
of noise impacts to the community.

Planning Division Ongoing No issues identified with stationary noise sources to date. No coordination with Big Bear Airport to date.

N 1.2.3 Require that interior noise levels for residential development do not exceed 45 CNEL, and require
additional noise attenuation measures on individual
projects as needed which may include, but are not
limited to, double-paned windows, insulation, sound
walls, berms, window placement and building
orientation.

Planning, Building and Safety
Divisions, and reviewing
authority
Ongoing Implemented as part of the Development Review (DRC) process.

N 1.2.4 For projects on which additional acoustical analysis is required prior to approval, provide an outline of the
minimum requirements for noise studies, including an
analysis of project impacts and proposed mitigation
measures, and analysis of the effectiveness of the
proposed mitigation.

Planning Division Ongoing Implemented as part of the Development Review (DRC) process.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status N 1.2.5 Regulate production of noise within the City by adopting and enforcing a Noise Ordinance, which
may include, but not be limited to, the following
issues: A. Noise levels and hours of operation for
sound from entertainment venues, outdoor stadiums,
special events, amphitheaters, stages, pavilions,
tents, or other outdoor activities which have the
potential for creation of noise above the normal
ambient level; B. Noise levels for equipment or
machinery where it has the potential to adversely
impact adjacent noise-sensitive uses; C. Regulations
for location and operation of construction staging
areas, which should be located away from adjacent
sensitive uses, with construction activities limited to the hours of 7:00 a.m. to 7:00 p.m.; D. Noise
regulations for various activities may vary based upon
time of day, and may be based upon a one-hour
noise level rather than the 24-hour community noise
equivalency level; and E. Audible alarms on houses
and vehicles, addressing duration and decibel level.

Planning Division for ordinance
preparation; Planning
Commission and City council for
ordinance adoption; Code
Compliance Division for
implementation
2003 Performance standards included in the Development Code update, 2003. Noise complaints for vacation rentals have been addressed in a comprehensive Municipal Code update in 2021.

N 1.3.1 Coordinate with Big Bear Airport District to seek cooperation on flight controls to mitigate noise
impacts on sensitive uses within the overflight area.

Planning Division, Code
Compliance Division
Ongoing No problems identified to date.

N 1.3.2 Coordinate with the Municipal Water District to seek cooperation on water craft controls to mitigate noise
impacts on sensitive uses around Big Bear Lake.

Planning Division, Code
Compliance Division
Negotiated noise control measures at one marina in 2001. Other issues addressed as needed.

N 1.3.3 Coordinate with owners of mountain resorts to
encourage the use of best available technology for
use of snowmaking equipment in order to mitigate
noise impacts to the community.

Planning Division, Code
Compliance Division
Ongoing Coordinated with Bear Mountain Ski Resort to reduce noise on one run 2001. Other issues addressed as needed.

Open Space, Parks, and Recreation Element
OPR 1.1.1 In cooperation with the Big Bear Valley Recreation and Park District and other appropriate public
agencies and private enterprise, assist in providing
facilities to enhance recreational opportunities,
including but not limited to: a) A four-field baseball, softball, and soccer complex within the Valley; b) At
least two lighted fields for adult softball; c) a public swimming pool year-round; d) A skateboard park; e)
basketball courts.

City Council to determine funding
source; Planning Division to
assist in park planning;
Engineering, Public Works, and
Building and Safety Divisions to
assist with site development and
construction as needed.

As funding permits Planning efforts and outreach occurred in the early 2000s but no suitable sites or funding were identified.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status OPR 1.1.2 Investigate and coordinate development of a Village "green" as an active open space area within the
Village Retail District of the Village Specific Plan area to be used for community activities and special
events.

City staff to evaluate financial
and planning feasibility, City
Council to determine funding
availability, City to work with
Village businesses and property
owners for funding, construction
and maintenance
As funding permits The City purchased the "Christmas Tree Corner" for a Village Plaza in 2015. It is currently undeveloped but used by various special events and the City is pursuing grants to fund
development of the site.

OPR 1.1.3 In cooperation with the County of San Bernardino, U.S. Forest Service and private enterprise, establish
an 18-hole professional golf course in the Big Bear
Valley.

City staff to evaluate financial
and planning feasibility, City
Council to determine funding
availability, City to work with
Village businesses and property
owners for funding, construction
and maintenance
As funding permits No suitable site identified to date
OPR 1.1.4 Assist the Big Bear Valley Recreation and Park District and other local organizations or businesses to establish an "Adopt-a-Park" program to fund,
maintain and staff local recreational programs and
new park facilities and equipment.

Planning and Finance Divisions 1999 and ongoing No work completed to date.

OPR 1.1.5 In cooperation with the Municipal Water District and other appropriate agencies, evaluate the need for
additional and/or improved public access to the lake
within the City, and upgrade access points where
reasonable and feasible as funding permits.

Planning Division to evaluate
access points and prepare plan
for upgrades; City Council to
determine funding availability
and priority
Plan preparation 1999;
construction as funding
permits
Reviewed all public lake access points in 2000. Paine Road lake access point was improved in 2009. Boulder Bay was improved with lake access (non-motorized boat launch and fishing dock) in 2013. There was community interest for a lakefront park during a state park grant process in 2020.

OPR 1.1.6 In cooperation with other public agencies, investigate, monitor, and determine local public recreational
needs through periodic surveys.

Film/Public Information Office Periodically as needed Surveys have been done by the Bear Valley Recreation & Park District and during grant applications for new parks
OPR 1.1.7 Assist the Big Bear Valley Recreation and Park District in finding a permanent, expanded home for
the Moonridge Zoo Animal Park.

City Manager's Office, and
Planning Division in cooperation
with Big Bear Valley Recreation
and Park District
Ongoing as needed Assisted the special district for devlopment of the new Apline Zoo in the City limits, in Moonridge.

OPR 1.2.1 Seek opportunities for park and recreational facility development, evaluate feasibility and prepare plans
and budgets as appropriate.

Planning Division, City
Manager's Office
Ongoing Monitor grants available. Veterans Park developed as a public/private venture. Boulder Bay Park has been approved and Prop. 40 funding is anticipated for construction.

OPR 1.3.1 Fast-track development proposals for private
recreational facilities meeting the intent of this policy to the extent permitted by law, and provide a City staff member as liaison to assist in the entitlement, plan
check and construction inspection process, including
assistance in coordination with other agencies as
needed.

Planning, Building and Safety,
Engineering Divisions, and City
Manager's Office
As needed and ongoing No such project received to date.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status OPR 1.4.1 Review existing park and recreational facilities and plans for new facilities to ensure compliance with
state and federal accessibility requirements
Planning and Building and Safety
Divisions, during planning and
plan check process
As plans are prepared
and received
Reviewed as part of Capital Improvement Program and ADA improvements have been identied for Boulder Bay Park in 2021.

City is requesting CDBG to help fund the ADA improvements.

OPR 1.5.1 Schedule and advertise public meetings and
workshops on new park development proposals, as
appropriate
Planning Division during design
and review phases of facility
planning
Ongoing as needed Held numerous public meetings on Veterans Park, the Village Plaza, and Boulder Bay Park.

OPR 1.6.1 Evaluate proposed park and recreation sites based upon these criteria, and report to the City Council
prior to any decision on funding or acquisition of sites.

Planning Division Ongoing as needed No proposed donations received to date.

OPR 1.7.1 Evaluate new development proposals for impacts on park facilities based upon this policy, and require
mitigation as appropriate.

Planning Division and reviewing
authority
Ongoing New development reviewed by the DRC.

OPR 1.7.2 During annual review of the Capital Improvement Program, review existing park facilities with respect to this policy and consider strategies to meet parkland
goals.

City Manager and City Council Annually and ongoing Park costs included in the 2009 Development Impact Fees and park improvements are reviewed through the Capital
Improvement Program.

OPR 1.8.1 Develop a plan for improving public lakefront access points incorporating the policies listed above, adopt
and implement the plan as funding allows.

Planning Division in cooperation
with other departments and
agencies as needed for plan
preparation; City Council to
determine funding priorities and
implementation schedule in
conjunction with approval of the
Capital Improvement Program
Plan preparation FY 1999-
2000; implementation as
funding permits
City Council reviewed lakefront access points in 2000; one access point was developed (Paine Road) in 2009. Boulder Bay Park was improved in 2013 and provides public lake access.

OPR 2.1.1 Prepare and adopt a Master Plan for Trails. Plan preparation: Planning Division, based on public input
and in cooperation with other
agencies as needed. Plan
adoption: Planning Commission
and City Council
FY 2001-02 Prepared and adopted in 2015.

OPR 2.1.2 Seek funding sources for implementation of the Master Plan for Trails, including grants.

Planning Division Begin upon plan
adoption, and ongoing
Big Bear Valley Pedestrian, Bicycle, and Equestrian Master Plan of Trails adopte in 2015, completed through grant funds.

OPR 3.1.1 Support the Municipal Water District in developing and operating its Stanfield Marsh Waterfowl/Wildlife
Habitat Improvement Project
City Manager's Office, Planning
Division, in cooperation with the
Municipal Water District, and
appropriate conservation
organizations
Ongoing Administered by MWD previously. City purchasing Stanfield Marsh from MWD in 2021.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status OPR 3.1.2 Work with the Natural Heritage Foundation, University of Redlands and other available data sources as
appropriate to obtain current information on plant and
wildlife communities within the planning area, for use
in discretionary review of development projects with
respect to open space and conservation
requirements.

Planning Division to compile
information and incorporate into
CEQA documents for new
development proposals
Ongoing Information compiled and used by the DRC in project review.

OPR 3.1.3 Assist the Natural Heritage Foundation and other appropriate conservation organizations to preserve
environmentally sensitive open space and
conservation of land and to identify funding
mechanisms for acquisition and maintenance of this
land.

City Manager's Office, Planning
and Finance Divisions
Ongoing Conservation easements required on several projects as part of CEQA. Local conservation groups have purchased
environmentally sensitive land.

OPR 3.2.1 The City shall review all proposed development projects with respect to impacts on biological
resources and open space requirements pursuant to
the CEQA, and shall require mitigation as
appropriate.

Planning Division and reviewing
authority
Ongoing CEQA review implemented on all applicable projects.

OPR 3.3.1 On the Land Use Map, delineate active fault zones, flood ways and flood plains where development
cannot feasibly occur and designate these areas as
open space, allowing recreational uses where
appropriate.

Planning Division in preparing
draft land use map; City Council
adoption
1998 Completed with adoption of Land Use Map, 1999.

OPR 3.4.1 Evaluate proposed property acquisitions for open space purposes with respect to the above-listed
criteria when determining the conformity of any
proposed acquisition with the General Plan.

Planning Division, Planning
Commission, City Council
Ongoing, as needed Implemented as proposals are received.

OPR 4.1.1 Evaluate proposals for special events and festivals in the City to ensure that appropriate facilities and
services will exist to support the event, and that the
event will not negatively impact residents or visitors.

Planning Division and reviewing
authority, through issuance of
Special Event Permits
As needed and ongoing Implemented through the Special Event review process.

Public Services Element
PS 1.1.1 Cooperate with all utility, infrastructure and service providers to promote coordinated master plan for
these services, coordination of infrastructure planning with land use planning, and to assure minimal
impacts to the environment and the community from
expansion and maintenance of infrastructure
systems.

Planning Division, Public Works
Division, Department of Water,
Sanitation Division, Fire
Department
Ongoing Ongoing coorination and projects reviewed as part of Development Review (DRC) process.

PS 1.1.2 Adopt and annually update the City's Capital
Improvement Program to prioritize funding for public
works projects in accordance with this General Plan
and other identified needs within the City.

City Manager's Office, Planning
Division, Public Works Division,
Finance Division, Department of
Water and Power, Fire
Department, City Council
Ongoing Completed annually with the budget process.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status PS 1.1.3 Evaluate the City's infrastructure capacity and needed improvements as part of the City's growth
management program, and revise and update the
program as needed to ensure that a nexus exists
between fees collected and identified public
infrastructure improvements, and that new
development pays only that portion of the cost
needed to mitigate impacts of that improvement.

City Manager's Office, Planning
Division, Department of Water,
Sanitation Division, City Council
Annually in conjunction
with review of the budget
and Capital Improvement
Program
Development Impact Fee program updated in 2002 and again in 2009. No fee increases since 2014 (as part of implementing the 2009 plan).

PS 1.1.4 Seek public input regarding proposed property
acquisitions for public facilities and uses when
feasible without jeopardizing the negotiation process,
through public notice for open City Council
discussions of these matters as they arise.

City Manager's Office, City Clerk,
City Council
Ongoing as needed Ongoing as needed for public facility acquisitions.

PS 1.2.1 Continue to require that adequate water supply, distribution fire suppression systems, sewer facilities, and storm drainage facilities are assured prior to
issuance of building permits for new construction
which increases the use or intensity of a site. This is not to be construed as a requirement to connect to a
public utility.

Planning Division, Department of
Water and Power, Sanitation
Division, Fire Department,
Building and Safety Division
Ongoing Implemented through the Development Review (DRC) process.

PS 1.2.2 Adopt, implement and annually review user fee and connection fee programs, to support the cost of
constructing capital facilities, maintaining City utility systems, and providing services.

City Council, Department of
Water, Governing Board
Continue an ongoing
program
Sewer and water connection fees reviewed annually.

PS 1.2.3 Evaluate each new development proposal, including major modifications to existing development and
request for changes of land use designations, with
respect to infrastructure needs and impact on regional
service systems, and condition approval of
development projects to require on and off-site
improvements needed to support the project prior to
occupancy of the project or each phase thereof.

Development Review Committee
and reviewing authority
Ongoing Implemented through the DRC and CEQA review on new development projects.

PS 1.3.1 Through the development review process, ensure compliance with this policy.

City Engineer, Development
Review Committee, reviewing
authority
Ongoing Implemented through the DRC process.

PS 2.1.1 Update and implement the Department of Water and Power Master Plan for future development of facilities
and Fifty-Year Depreciation Plan
Department of Water and Power Immediately upon
adoption; ongoing
DWP Master Plan updated in 2005 and Urban Water
Management Plan updated in 2015. Implementation is ongoing.

PS 2.1.2 Develop and maintain a contingency plan for potential water shortages including ground water management,
locations for additional storage facilities, and water
conservation programs.

Department of Water and Power Immediately upon
adoption; Ongoing
Evaluating future use of reclaimed water (with BBARWA). Water Conservation Ordinance adopted in 2002. DWP Water Master Plan adopted in 2005 and Urban Water Management Plan
updated in 2015.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status PS 2.1.3 Encourage conservation of ground water resources through the following measures: 1. Development
standards shall be compatible with and promote the
City's water conservation goals and policies; 2.

Encourage the use of drought-tolerant and native
plants in landscaping plans; 3. Require that new
development consider and plan for water reclamation
when feasible; 4. Require the utilization of reclaimed
water for landscape irrigation, grading, and other nonhuman contact uses where appropriate and when feasible.

Planning Division, Department of
Water and Power, reviewing
authority
Ongoing 1. Standards require low-flow plumbing fixtures. 2. Drought tolerant landscape guidelines adopted. 3. Water reclamation on new projects not feasible at this time. 4. BBARWA currently evaluating feasibility of water re-use. 5. DWP Water Master Plan adopted in 2005 and Urban Water Management Plan updated in 2015.

PS 3.1.1 Include in the new Five-Year Capital Improvement Program the upgrading and replacement, as
necessary, of the City's main lines and manholes, as
well as any other necessary measures to reduce
inflow and infiltration into the sewer system.

City Manager's office, Sanitation
Division, Public Works Division,
Engineering Division, Finance
Division
Study initiated FY 1998-
99; implementation
ongoing based on
funding availability
Ongoing as part of 5-year CIP, which is reviewed and updated during budget process.

PS 3.1.2 Cooperate with BBARWA in assuring that new
development pays its fair share of future
development, expansion, and operating costs for
wastewater treatment.

Sanitation Division,
Development Review
Committee, reviewing authority
Ongoing Implemented through connection fees.

PS 3.1.3 Provide assistance to BBARWA as needed to
complete and implement that agency's Long Range
Facilities Plan.

Engineering Division, Sanitation
Division
Plan initiated FY 1997-
98; completion and
implementation ongoing
Input provided as needed. City has completed Sewer Master Plan.

PS 3.1.4 Cooperate with BBARWA as needed in that agency's plans to upgrade the secondary treatment system and
to seek customers and facility upgrades needed to
accommodate local use of reclaimed water.

Planning Division, Engineering
Division, Public Works Division,
Department of Water and Power
Sanitation Division
Ongoing Water reclamation effort is underway with multi-agency support.

PS 3.1.5 Actively encourage and support BBARWA in any
future requests to change its point of discharge, as
determined by the California Regional Water Quality
Control Board, from Lucerne Valley to the Big Bear
Valley, for local use of reclaimed water at the
appropriate time.

City Attorney, Department of
Water and Power, City Council
Ongoing No action needed to date.

PS 3.1.6 Provide ongoing communication and coordination with BBARWA regarding the City's sewer system
upgrades, including long-range planning, capital
improvement projects, inspections and maintenance
of the system, through the Utility Coordinating
Committee or other means as appropriate.

Department of Water, Sanitation
Division
Ongoing The City participates on BBARWA Board and Utility Coordinating Committee. Communication on planning is ongoing.

PS 4.1.1 On new development approvals, the City will require that the project applicant coordinates with utility
companies to ensure provisions of adequate access
to utility lines and facilities.

Building and Safety Division,
Public Works Division, Utility
Providers
Immediately upon
adoption; Ongoing
Implemented through the DRC review.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status PS 4.2.1 As technological advances for alternative energy sources make these sources available and feasible,
actively participate in the long-term planning and
development of the infrastructure needed to support
their use, including but not limited to, recharge
stations.

Planning Division, Engineering
Division, Building and Safety
Division, Public Works Division
Ongoing Widespread use of alternative energy not yet feasible in the City but the City continues to support efforts and evaluate funding opportunities, especially for vehicle charging stations. Solar energy is processed with a simple PV permit through Building & Safety to encourage residential and commercial use of solar panels.

PS 4.2.2 Encourage the availability and installation of individual alternative energy systems in residential, commercial
and industrial uses through various means, including
but not limited to, streamlining the development
review process for these systems.

Planning Division, Building and
Safety Division, reviewing
authority
Immediately after
adoption; Ongoing
Widespread use of alternative energy not yet feasible in the City but the City continues to support efforts and evaluate funding opportunities, especially for vehicle charging stations. Solar energy is processed with a simple PV permit through Building & Safety to encourage residential and commercial use of solar panels.

PS 4.2.3 Support local, state and federal programs and
economic incentives for conservation and alternative
energy programs, and consider establishing City
incentives.

Planning Division, Building and
Safety Division
Immediately after
adoption; Ongoing
Widespread use of alternative energy not yet feasible in the City but the City continues to support efforts and evaluate funding opportunities, especially for vehicle charging stations. Solar energy is processed with a simple PV permit through Building & Safety to encourage residential and commercial use of solar panels. The City also complies with State requirements for a Greenhouse Gas Reduction/Climate Action Plan. THe CIty
adopted its CAP in 2016 and has participated in the county-wide effort led by SBCTA to update a 2030 CAP (draft).

PS 4.3.1 Assist the Bear Valley Electric Service as needed in that agency's plans to upgrade capacity in the
distribution system for electricity to and within the
community.

Planning, Engineering, and
Building and Safety Divisions
Ongoing through
environmental review
and implementation
City processed and approved natural gas generating plant for Bear Valley Electric.

PS 4.4.1 Periodically review the City's cable television franchise agreement with respect to the needs of
businesses, residents, and public agencies in the
community and require appropriate upgrades to
expand the service as needed and as permitted by
law.

Finance Division, City Manager,
City Council
1998 and ongoing Contract reviewed 2001, public television access added.

PS 4.5.1 Adopt regulations requiring the undergrounding of utility lines on new development except where this
requirement may be waived by the City Engineer
Planning Division to incorporate
regulations in Development
Code Update; Engineering
Division and reviewing authority
to implement
Adoption FY 1999-2000;
implementation ongoing
Implemented through the DRC review on new projects.

PS 4.5.2 Utilize Rule 20 funds and other available funding sources to underground existing utility lines along
major corridors and in scenic areas, particularly along portions of Big Bear Boulevard.

Engineering Division, City
Council
Ongoing Undergrounding of utility lines occurred in 2016/2017 along portions of Big Bear Blvd.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status PS 4.5.3 Coordinate with utility companies through regular meetings of the Utility Coordination Committee and by
other means as appropriate, to limit the impact of
utility upgrades on the City's road system, limit
disruption to traffic, encourage consolidation of
transmission facilities and corridors to the extent
practicable, and encourage that utility work be
undertaken when the roadway will be otherwise
disturbed.

Public Works, Department of
Water and Power
Ongoing The City participates in the Utility Coordination Committee. The Engineering Division adopted new street cut guidelines in 2000 and distributed to the utility companies.

PS 5.1.1 Require review of proposals for major
telecommunication facilities, including towers,
monopoles or other visually obtrusive facilities,
through public hearing before the Planning
Commission; and allow administrative review and
approval of minor communication facilities, including
stealth antennas on existing structures which are not
visually obtrusive, at the discretion of the City
Planner.

Planning Division and reviewing
authority
Ongoing Major projects reviewed through the DRC and Planning Commission. Required to be screened or camouflaged. Minor projects approved by staff. Process and standards included in Development Code Update 2003 and later updated in Chapter

17.14 in 2017.

PS 5.2.1 Incorporate applicable FCC standards into the review and approval process for communication facilities,
and ensure that the location, design and construction
of these facilities provide an acceptable level of safety to the public.

Planning Division and reviewing
authority
Ongoing Standards were part of the 2003 Development Code. Chapter

17.14 was adopted in 2017 to comply with current regulations.

PS 5.3.1 Adopt development standards for siting and design of telecommunication facilities which address the
following issues: location and co-location; site area;
setbacks; height; aesthetics and design; screening;
fencing; landscaping; concealment; lighting; and
accessory buildings.

Planning Division to draft
standards; Planning Commission
and City Council to adopt and
apply standards
Adoption FY 1999-2000;
implementation ongoing
Standards are in the Development Code and Chapter 17.14 was added in 2017 to comply with current regulations for wireless communications facilities.

PS 5.4.1 Allow public lands, buildings, structures and rights-ofway to be made available for use by communication service providers, provided that fair compensation is
paid for their use and that any damage is repaired by
the provider.

Planning, Engineering, Finance
Divisions, City Manager and City
Council
Ongoing The City has approved several communication providers to lease City sites.

PS 5.4.2 Ensure that applications by communication service providers to use City-owned land or improvements
are reviewed with respect to the following issues: fair compensation; conformance with land use,
environmental and permitting requirements;
encroachment permits and inspections; maintenance;
liability; removal and site restoration, if use is
discontinued; transfer of ownership; coordination
between affected departments and agencies; and
equitable treatment among providers.

Planning, Engineering, Finance
Divisions and City Manager
Ongoing The City has approved several communication providers to lease City sites and reviews these periodically as needed.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status PS 6.1.1 Continue to cooperate with the Desert and Mountain Coalition of San Bernardino County and to implement
the Source Reduction and Recycling Element and the
Household Hazardous Waste Element.

Public Works Division, Finance
Division
Immediately upon
adoption; ongoing
Participation in JPA ongoing. Updates are needed to comply with current state laws.

PS 6.1.2 In cooperation with San Bernardino County and other affected agencies, assist in planning for a suitable site within the Valley for legal disposal, stockpiling and/or recycling of paving materials and construction debris.

Public Works Division, in
cooperation with Big Bear
Disposal
Ongoing Certain private construction companies have land use approvals to operate stockpiling of construction materials.

PS 6.1.3 Participate in exploring cost-effective alternatives to the disposal of solid waste in landfills.

City Manger's Office,
Engineering Division, Public
Works Division, in cooperation
with other agencies.

As needed; Ongoing The City participates in recycling, lake and forest clean up days, and sustainability events to provide residents services and education about alternatives.

PS 6.1.4 Maintain and improve the appearance of community trash collection sites throughout the City for visitors, while encouraging the long-term expansion of curbsite collection service for residents.

Public Works Division, in
cooperation with Big Bear
Disposal
Ongoing City has closed three Clean Bear sites. Site 1 has been expanded, screened, and upgraded. Review of the Clean Bear program is ongoing.

PS 6.2.1 Maintain the City's Household Hazardous Waste
collection site at the Garstin Yard, or other location as appropriate, and inform residents of the location and
hours of this service.

Public Works, in cooperation wit
the contracting agency
Ongoing Site provided by the City Public Works Yard and operates during normal business hours.

PS 6.2.2 Ensure that larger generators of hazardous waste take proper measures for its lawful disposal.

Fire Department, in coordination
with lead agencies.

Ongoing The Fire Department implements through plan review and annual inspections.

PS 6.2.3 In review of new development projects, evaluate the potential for soil contamination and require mitigation measures as appropriate.

Planning Division, Engineering
Division, reviewing authority
Ongoing Implemented by the DRC review process.

PS 6.2.4 Assist in informing the public of procedures and methods of disposal for hazardous wastes.

Planning Division, Fire
Department, Public Works
Department
Ongoing Began media campaign in 2001; San Bernardino County provides information at large community functions and at City's HHW Collection Area.

PS 7.1.1 Analyze the feasibility and impact on the District of consolidation of fire protection services within the
Valley.

Fire District and Governing
Board
Ongoing County and City fire services were consolidated in 2013.

PS 7.1.2 Provide input to other Valley-wide fire agencies within the Big Bear Valley regarding potential fire station
locations to provide for future adequate levels of
service throughout the Valley.

Fire District Ongoing No new stations planned to date.

PS 7.1.3 Pursuant to adopted mutual aid agreements and to the extent feasible, assist Valley Fire Agencies and
other outside jurisdictions by providing fire
suppression equipment and personnel to protect the
community.

Fire District Ongoing Local agencies continue to participate in mutual aid agreements.

PS 7.1.4 Support and encourage an educational program to enhance public fire prevention awareness.

Fire District Ongoing Fire Prevention Officer gives public and school presentations.

Public information brochures are available. Regular open house events are held at the Fire Station.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status PS 7.1.5 In conjunction with fire agencies within the Valley, establish standards for street naming and adequately
illuminated, legible address numbers on structures, in
order to facilitate and improve upon emergency
response times.

Building and Safety Division, Fire
District
Immediate upon
adoption; Ongoing
Currently, addresses are assigned by the Planning Department.

The safety standards are established by the Uniform Fire Code and new development is subject to those rules.

PS 7.1.6 Monitor service levels with respect to needs for fire protection services in the City and make adjustments
as needed to achieve appropriate response times.

Fire District Ongoing Response times are reviewed by the Fire agency on an ongoing basis to ensure proper levels are maintained.

PS 7.1.7 Plan for and construct a new main fire station in a centralized location to meet current and future needs
for fire and emergency preparedness services.

Fire District and Governing
Board
1998 and ongoing Station completed in 2000.

PS 7.2.1 Maintain information on deficiencies in fire flow and water pressure throughout the District, and implement
cost-effective improvements needed to correct these
deficiencies.

City Engineer, Department of
Water and Power, Fire
Department
Ongoing Annual Fire Hydrant inspections and fire flows are done to meet City standards.

PS 7.2.2 Incorporate needed and cost-effective water system improvements into the City's and Department of
Water and Power's Capital Improvement Programs,
and seek funding assistance for the improvements
through State and Federal grants and loans,
assessment districts, bond issues, and other means,
including participation by the Improvement Agency,
as appropriate.

City Engineer, Department of
Water and Power, Finance
Division
Ongoing 25-year Master Plan and 50-year Depreciation Plan implemented.

Water Reuse Planning underway in coordination with BBARWA.

PS 7.2.3 Require sufficient fire flow for new development proposals to meet current standards. For new
residential development, standards may be met
through alternative means as approved by the Fire
District, which may include, but are not limited to, the following measures: require the developer to
upgrade the water system; require installation of a
monitored fire alarm system; and/or require
installation of automatic fire sprinklers.

Fire District and reviewing
authority
Ongoing Handled through the development review and water meter connection process.

PS 7.2.4 Require approved emergency access for all new
development or phases thereof when deemed
necessary for public health and safety, pursuant to
Policy C 1.2.1
Engineering, Fire District and
reviewing authority
Ongoing Implemented through the DRC review process on new development projects.

PS 7.3.1 Annually review and adopt the appropriate edition of the Uniform Fire Code and adopt code amendments
as needed to address local conditions.

Fire Department and Building
and Safety Division
Review on a yearly basis Recommendations and changes to the Uniform Fire Code are done every three years and adopted by the City and Fire agency.

PS 7.3.2 The Fire Department shall participate in the
development review process by maintaining an active
presence in the Development Review Committee.

Fire Department and Planning
Division
Ongoing Fire Department participates in the DRC process as needed.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status PS 7.3.3 Maintain and apply standard conditions of approval for all types of new development applications, and
revise as needed to ensure compliance with current
codes.

Fire Department and Planning
Division
Immediate upon
adoption; Ongoing
Standard conditions developed and applied as appropriate.

PS 7.3.4 Through the annual business inspection program, ensure on-going code compliance by businesses
within the City.

Fire District Ongoing Inspections and compliance addressed for each business annually.

PS 7.4.1 Enforce the City's adopted slope density ordinance (Ordinance No. 90-191) as it may be amended from
time to time.

Planning Division, Fire District,
reviewing authority
Ongoing Implemented through the DRC review and plan check process on new development projects.

PS 7.4.2 Continue to administer the City's weed abatement program under contract with San Bernardino County.

Fire District Ongoing Ongoing program continued.

PS 8.1.1 Encourage the utilization of crime prevention
principles in the project planning and review process,
as a means of providing increased security in
residential, commercial, and industrial developments
while preserving the community's rural character.

San Bernardino County Sheriff's
Department and Planning
Division
Immediate upon
adoption; Ongoing
Implemented through the DRC review process to ensure
adequate lighting, access, and visibility.

PS 8.1.2 Enhance public awareness and participation in crime prevention, encourage and promote the
neighborhood watch program and Citizen Patrol, and
other community oriented policing programs.

City Manager's Office and San
Bernardino County Sheriff's
Department
Immediate upon
adoption; Ongoing
The Citizen Patrol was supported by the City in the past and the City currently funds law enforcement officers at the Sheriff's Department.

PS 8.1.3 Adjust staffing for law enforcement services as needed to maintain an appropriate level of public
safety services in the City.

San Bernardino County Sheriff's
Department, City Manager, City
Council
Ongoing, in conjunction
with the budget process
Reviewed annually with the Sheriff's Department contract.

PS 8.1.4 Target pro-active patrols in areas which merit special attention based upon needs for law enforcement and
code compliance.

San Bernardino County Sheriff's
Department
Ongoing Code Compliance works with the Sheriff's Department on joint issues.

PS 8.1.5 Encourage expansion of the Neighborhood Watch
Program to help address the problems of propertyrelated crimes in vacant residential structures.

San Bernardino County Sheriff's
Department
Ongoing The City supports a CODE hotline and provides Code Officers through its Tourism Management Department.

PS 8.1.6 Support the provision of legal services and
community assistance which complement law
enforcement, through ongoing coordination and
funding support as deemed appropriate.

City Manager, City Council Ongoing Through the Sheriff's Department, the City financially supports law enforcement officers to provide services.

PS 8.1.7 Provide enforcement services to ensure compliance with municipal codes and ordinances, to protect
public health and safety, preserve property values,
and maintain a clean and orderly environment for City
residents.

Code Compliance Division Ongoing The City maintains Code Compliance staff in Planning and in Tourism Management.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status PS 9.1.1 Assist Bear Valley Unified School District in identifying suitable sites for future facilities and offer planning and engineering assistance in reviewing construction
and expansion plans for school facilities, to address
drainage, traffic, land use compatibility, and other
considerations as appropriate.

Planning and Engineering
Divisions
Ongoing as needed No new school sites proposed at this time.

PS 9.1.2 In review of development near school sites, ensure that street and lot placement, grade, fencing and
other design considerations are incorporated into the
design so as to minimize potential conflicts with
school uses.

Development Review Committee
and reviewing authority
Ongoing as needed Implemented through the DRC review process on new development projects.

PS 9.1.3 As appropriate, the City shall pursue agreements with the District to assist in the joint use of land for school, community, and associated park or recreation
purposes.

Planning Division, City Attorney,
City Manager, City Council
Ongoing No joint use proposals identified at this time. School sites used for youth sports.

PS 9.1.4 Cooperate with other jurisdictions and public or private agencies to work towards establishment of
post-secondary educational opportunities within the
City.

Planning Division Ongoing City is has worked with BBV Economic Partnership to hold Professional Development Training sessions, and to evaluate feasibility of establishing 2-year college. City has also supported local service groups through its annual CDBG allocation.

PS 9.1.5 Facilitate location of pre-school and day-care facilities in appropriate areas throughout the community, so as
to meet the child-care needs of the working
population and provide for early childhood
educational opportunities.

Planning Division to update
Development Code
Code update FY 1999-
2000; implementation
ongoing
Standards for large family day care are included in the Development Code update. This needs to be updated in 2022 to comply with 2020 state law changes.

PS 9.1.6 In order to encourage development of educational facilities, permit development of private educational
uses which are found to meet the general educational
needs of the community within residentiallydesignated zones, subject to the approval of a Conditional Use Permit.

Planning Division to update
Development Code
Code update FY 1999-
2000; implementation
ongoing
Included in Development Code update in 2003.

PS 9.2.1 Evaluate and monitor response times for ambulance services in the City, and seek available methods of
reducing response times to the extent feasible.

Fire District, City Manager's
Office
Ongoing The Fire Department implemented Paramedic services in 2000 to reduce emergency response times. Ongoing.

PS 9.2.2 Encourage development of health care services in the City and maintenance of existing services.

Reviewing authority; City
Manager's Office
Ongoing The City Council holds joint meetings annually with the Bear Valley Community Healthcare District to discuss health care issues.

PS 9.3.1 Cooperate with the San Bernardino County Library System to assure that quality library facilities and
resources are available to all residents within the
Community.

San Bernardino County Library
System, City Manager's Office,
Planning Division
Ongoing The City installed directional signs to the Library in 2001. City administering CDBG grant for ADA upgrades in Library. City also provides annual funding for the local adult literacy program through its CDBG allocation.

PS 10.1.1 Evaluate all City facility development proposals to ensure compliance with applicable standards.

Development Review Committee
and reviewing authority
Ongoing All City projects are subject to City standards; they are implemented through the development review process.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status PS 10.1.2 Evaluate City facility needs annually in conjunction with review of the budget and Capital Improvement
Program, and program improvements and facility
expansions as needed.

City Manager, City Council Annually The Capital Improvement Program includes facility needs and is updated annually during the budget process.

PS 11.1.1 Revise the Emergency Preparedness Plan to comply with the State's Standard Emergency Management
System (SEMS), and update the plan from time to
time as needed to stay current with State guidelines
and local needs.

Fire Department Revise Plan 1999;
Implementation and
updates ongoing
Plan prepared and updated by local fire agency.

PS 11.1.2 Provide for backup power generation in the event of power outages due to local or regional disasters to
support the City's Emergency Operations Center and
other critical municipal facilities.

Fire District; Building and Safety
Division
Ongoing Generator at City Hall, which is tested monthly.

PS 11.1.3 Coordinate the City's Emergency Preparedness Plan with plans of the County and State's Offices of
Emergency Services, to ensure ongoing compatibility
of response plans.

Fire District Ongoing Monthly meetings with Operational Area and quarterly meetings with Mountain Mutual Aid.

PS 11.1.4 Train City staff on SEMS procedures and emergency response.

City Manager's Office and all
departments/divisions
Ongoing Trainings occcurred annually for City staff 4 and Fire agency continues trainings.

PS 11.2.1 Appoint a liaison with Caltrans, the Sheriff's Office, the County Road Department and the California
Highway Patrol to facilitate the establishment of
emergency evacuation routes, and to provide for the
development of an emergency response plan that
assures the timely repair of state highways and other
major thoroughfares damaged by a natural or
manmade disaster.

City Manager's Office,
Engineering Division
Ongoing Ongoing coordination with the Mountain Mutual Aid agencies.

PS 11.2.2 Consult with Caltrans, the Federal Highway
Administration, FEMA and the Army Corps of
Engineering regarding potential funding assistance,
grants, and/or loans for the construction, repair and/or upgrading of bridges, floodways, dams, cut slopes
and other structures to minimize the potential isolation of the community and surrounding facilities.

City Manager's Office,
Engineering Division, Caltrans
Ongoing Coordinated with FEMA on flood damage and road reconstruction from prior years. Future coordination as needed.

PS 11.3.1 Coordinate with San Bernardino County, Municipal Water District, BBARWA, and other agencies and
utilities in the development and dissemination of
information and instruction on how to prepare for an
emergency and on appropriate actions in the event of
a local disaster.

Fire District Ongoing Coordinate through community outreach programs.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status PS 11.3.2 Evaluate the feasibility and fiscal impact to the City of participating in the nationwide CARES program
(Community Assistance and Response to Emergency
Situations), and implement the program as funding
allows.

City Manager's Office, Fire
Department, City Council
As funding permits Joint partnership with Big Bear Valley Fire agencies to provide three classes per year was ongoing as funding allowed.

PS 11.4.1 Contact, coordinate and integrate public and private broadcast operators in the maintenance of an
Amateur Radio Civil Emergency Service (RACES)
system to provide coordinated communication in the
event of an emergency.

Fire Department Ongoing RACES Radios are installed at the Fire Station Headquarters facility.

PS 11.5.1 Develop contingency plans to utilize the Big Bear Airport in the event of a local disaster, and provide for a coordinated plan of response, when it becomes
necessary to place the airport in an emergency
response mode.

Fire District Ongoing The City continues to actively participate with member agencies for emergency planning, including use of the Big Bear Airport.

Community Design Element
CD 1 For all development projects which require design
review, the reviewing authority will ensure compliance
of the project with the design guidelines contained in
this element through a finding that the project
conforms to the General Plan.

Planning Division, Development
Review Committee, the Planning
Commission, and the City
Council
Ongoing Implemented by the DRC through the development review process.

CD 2 The City will update its Development Code and all
other applicable ordinances to reflect and implement
the guidelines contained in this element.

Planning Division with the
assistance of other departments,
the Planning Commission, and
the City Council
2003 Comprehensive Development Code update adopted in 2003. Over time additional comprehensive amendments have been adopted.

CD 3 The City will update its Sign Ordinance to reflect and implement the guidelines contained in this element.

Planning Division, Planning
Commission, City Council
2000 Adopted updated Sign Ordinance in 2000. Another
comprehensive updated occurred in 2011.

CD 4 The City will amend the Development Code to
strengthen property maintenance provisions to
address unmaintained properties, graffiti, litter,
abandoned signs and vehicles and other forms of
blight which detract from Big Bear Lake's appearance
and lifestyle.

Planning Division, Planning
Commission, City Council, Code
Enforcement Division
2001 and ongoing Standards included in Development Code update.

CD 5 The City will commit funding to the extent feasible, and will seek available funding from other sources, to
implement city beautification programs, including but
not limited to undergrounding of utility lines, planting of street trees, installation of gateway
monumentation, improvement of lakefront parks,
installation of decorative directional signs and street furniture, and other measures as appropriate.

City Council, Improvement
Agency, City Manager and
applicable departments
Ongoing Improvement Agency (IA) funded Big Bear Boulevard Beautification Program in 2000. Veterans Park was constructed in 2001. Bartlett Avenue and parking lot expanded and improved in 2001. Boulder Bay Park constucted in 2005 and updated in 2012.

Undergrounding of utility lines (on Big Bear Blvd.) was completed in 2017. Knickerbocker Trail constructed in 2014, Happy Hill Trail in 2016, and phase 1 of Rathbun Creek Trail in 2018. The Village was reimagined in 2010 and the Moonridge Road Corridor
Improvements are underway as of 2021.

CITY OF BIG BEAR LAKE

GENERAL PLAN ANNUAL REVIEW
March 7, 2022

Program # Program Description Responsible Party Schedule Current Status CD 6 The City will evaluate structures which may have
historical or cultural significance and access the
feasibility of preserving, rehabilitating and/or
relocating these structures
Planning Division and Building
and Safety Division
Ongoing City evaluates projects proposing changes or demolitions to historic structes with the Bear Valley Historical Society and through CEQA, when applicable. Ongoing as needed.

CD 7 City staff will provide assistance to owners of historic properties in obtaining a historic designation from
appropriate state or federal agencies, and will assist
qualified project proponents to seek available funding
from outside sources for preservation and
rehabilitation of these structures, to the extent
feasible and appropriate
Planning Division Ongoing No proposals for historic designation received to date.

CD 8 Working with the local historical society and other appropriate entities, the City will identify sites of
historic significance which may be commemorated by
monuments, signs or other appropriate means, and
will assist in this effort.

Planning Division Ongoing Planning Division met with Tom Core of the Bear Valley Historical Society and received training on potentially historic building types.

CD 9 The City will create and distribute clear,
understandable handouts, illustrated with examples of
desired design characteristics, to explain its
community design goals and policies to applicants
and members of the public.

Planning Division 2001 and ongoing Handouts for signs and building colors completed in 2001 and updated in 2012.

MEETING DATE: March 7, 2022
TO: Honorable Mayor Herrick and Members of the City Council FROM: Frank A. Rush, Jr., City Manager
SUBJECT: City Manager Comments – Item 1.10

RESOLUTION AUTHORIZING A FEE SCHEDULE AMENDMENT REMOVING ADMINISTRATIVE FEES FOR

PROCESSING BUSINESS LICENSE MODIFICATIONS

ACTION TO BE CONSIDERED
City Council will consider a formal resolution amending the City’s Master Fee Schedule to eliminate business license fees and home occupation permit fees associated with businesses that relocate after securing the required initial license and/or permit. A business that relocates would still be required to amend the license and/or permit to ensure compliance with applicable Municipal Code and Development Code requirements, however, no fee would be charged for the associated review.

RECOMMENDED MOTION(S)
Motion to adopt the Resolution Authorizing a Fee Schedule Amendment Removing Administrative Fees for Processing Business License Modifications.

RESPONSIBLE STAFF Kelly Ent, Director of Administrative Services Sue O’Strander, Community Development Director

ADDITIONAL CITY MANAGER COMMENTS
None.

MEETING
DATE: March 7, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Frank A. Rush, Jr., City Manager
FROM: Kelly Ent, Director of Administrative Services
Sue O’Strander, AICP, Director of Community Services
SUBJECT: Resolution Authorizing a Fee Schedule Amendment Removing Administrative Fees for Processing Business License Modifications

BACKGROUND
On July 8, 2002, the City Council adopted Resolution No. 2002-25 establishing service fees including administrative fees to process business license applications. These fees have been updated for inflationary adjustments, the last of which was applied in 2006. These fees are charged to new applicants as well as existing businesses needing to modify the original application. In the interest of better serving our existing businesses, it is proposed that the fee to modify a business license application be waived and removed from the service fee schedule.

DISCUSSION
The fee for processing a business license application varies depending on the business location (i.e., home office, commercial location within the City’s jurisdiction, or business located outside the City but providing service within City’s boundaries). These fees are charged to process new applications, changes to existing applications, and upon relocation of a business. Changes to these applications typically involve updates to the list of principal officers, new mailing address, or a business relocation. The service fee for these licenses is $70 for a business located outside the City limits, $227 for a brick-and-mortar business, and $231 for a home office.

Existing businesses produce general purpose revenues which fund operations including administration. It is proposed that this general purpose revenue, as opposed to a separate fee, be used to administratively modify existing business license applications. Applicants would still be required to submit a formal request to update the existing license and to ensure all the necessary zoning and permitting requirements are met in the case of a business relocation.

FISCAL IMPACT
The impact of waiving administrative fees to modify a business license is dependent upon the number of businesses requesting a change during the fiscal year. The annual cost of such requests on average is less than $500 and can be absorbed in the adopted budget.

ENVIRONMENTAL CONSIDERATIONS
None requiring review under California Environmental Quality Act.

ATTACHMENT

1. Resolution No. 2022-XX
ATTACHMENT 1
Resolution No.
2022-XX

RESOLUTION NO. 2022-XX

RESOLUTION AUTHORIZING A FEE SCHEDULE

AMENDMENT REMOVING ADMINISTRATIVE FEES FOR

PROCESSING BUSINESS LICENSE MODIFICATIONS
WHEREAS, on July 8, 2002, the City Council adopted Resolution No. 2002-25 establishing a fee schedule for City service fees; and
WHEREAS, on May 27, 2003, the City Council adopted Resolution No. 2003-14 to adjust City service fees with a 3.5% cost of living adjustment, and WHEREAS, on June 14, 2004, the City Council adopted Resolution No. 2004-20 to adjust City service fees with a 1.8% cost of living adjustment, and WHEREAS, on August 8, 2005, the City Council adopted Resolution No. 2005-31 to adjust City service fees with a 3.7% cost of living adjustment, and WHEREAS, on September 11, 2006, the City Council adopted Resolution No. 2006-42 to adjust City service fees with a 5.4% cost of living adjustment, and WHEREAS, the City service fees established on September 11, 2006 remain in effect and represent the current adopted fee schedule which includes administrative fees for processing new business license applications as well as modifications to existing licenses; and WHEREAS, existing businesses provide a general public benefit and generate general purpose revenues which support operations and administrative processes; and WHEREAS, the administrative process for updating a record on average generates $500 per year which would be sufficiently covered by the general purpose revenues received from these existing businesses.

NOW, THEREFORE, BE IT RESOLVED by the City Council that the established fee schedule shall be amended to remove administrative charges for modifying existing business licenses. The amended fee schedule will be modified as follows:

REF# Service Fee Comments
S-02700A BUSINESS LICENSE-NEW/MOVED/CHGD
(include specialty permits with business
permits with business permits; such as,
Massage Tech, Massage Parlor, Peddler and
Bingo permit)
$227 For a business located inside the City
(includes cost of inspections) plus any
outside direct costs (for renewal fee see S04650); No charge for non-profit. Fee does not apply to a modification of an existing
license.

S-02700B BUSINESS LICENSE-NEW/MOVED/CHGD
(include specialty permits with business
permits with business permits; such as,
Massage Tech, Massage Parlor, Peddler and
Bingo permit)
$70 For a business located outside the City plus
any outside direct costs (for renewal fee see S04650); No charge for non-profit. Fee does not apply to a modification of an existing
license.

S-02700C BUSINESS LICENSE-NEW/MOVED/CHGD
(include specialty permits with business
permits with business permits; such as,
Massage Tech, Massage Parlor, Peddler and
Bingo permit)
$70 For a home office located inside the City plus
any outside direct costs (for renewal fee see S04650); No charge for non-profit. Fee does not apply to a modification of an existing
license.

S-02720 HOME OCCUPATION PERMIT-NEW $161 For economic development review of an application to conduct a business within the
residential zone. Fee does not apply to a
modification of an existing license.

PASSED, APPROVED AND ADOPTED this 7th day of March, 2022.

Rick Herrick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2022-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 7th day of March, 2022 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk

MEETING DATE: March 7, 2022
TO: Honorable Mayor Herrick and Members of the City Council FROM: Frank A. Rush, Jr., City Manager
SUBJECT: City Manager Comments – Item 1.11

RESOLUTION AUTHORIZING A PURCHASE ORDER FOR NEW PUBLIC WORKS TRUCKS

ACTION TO BE CONSIDERED
City Council will consider a formal resolution authorizing a purchase order with Dave Smith Motors, Kellogg, ID, for the purchase of three (3) heavy duty pickup trucks to support Public Works operations.

The approved FY 2021-22 City budget includes funding for the replacement of one (1) existing fleet vehicle in Public Works, and also for the purchase of two (2) new vehicles to support additional litter collection and parks maintenance staff in Public Works. Staff has identified heavy duty pickup trucks as the appropriate vehicles for these usages, with the preferred vehicle being a Dodge Ram 2500. These are the primary utilized vehicles within Public Works and they can accommodate the addition of a snow plow.

Staff has been shopping for these vehicles since the beginning of the fiscal year and, based upon the supply chain concerns resulting from the COVID-19 pandemic and the notable microchip shortage, vehicles have been difficult to locate and are generally at a higher price point. Staff has pursued these vehicles through the usual channels, including the Sourcewell purchasing collective and local dealerships, none of which will even provide pricing due to the uncertain ability to deliver the requested vehicles.

Through their diligence, staff has pursued nontraditional channels to source these, including looking out of State. Staff has identified the appropriate vehicles, three (3) Dodge Ram 2500 pickup trucks that are available through Dave Smith Motors, Kellogg, ID, and are available for immediate purchase and delivery.

Staff has found their pricing to be competitive despite the short supply. The total purchase price for these vehicles is $168,087.

RECOMMENDED MOTION(S)
Motion to adopt the Resolution Authorizing a Purchase Order for New Public Works Trucks.

RESPONSIBLE STAFF Sean Sullivan, Director of Public Services Jason Watterson, Public Works Operations Manager

ADDITIONAL CITY MANAGER COMMENTS
I applaud staff’s significant effort to locate the necessary vehicles in a challenging time for new vehicle purchases.

MEETING
DATE: March 7, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Frank A. Rush, Jr., City Manager
FROM: Sean Sullivan, Director of Public Services
Jason Watterson, Public Works Operations Manager
SUBJECT: Resolution Authorizing a Purchase Order for New Public Works Trucks

BACKGROUND
The City’s Public Works Division is responsible for the management and maintenance of the City’s motor fleet which includes a variety of vehicles and equipment for use in support of City operations. In June 2021, the City Council adopted a Five-Year Capital Improvement Program (CIP) included in which is an annual allocation for the purchase of replacement fleet vehicles. Staff maintains, and updates annually, a vehicle replacement schedule with the goal of maximizing the useful life of the City assets while also minimizing the ongoing maintenance and operating expenses and replacing the vehicles accordingly. In addition, for Fiscal Year 2021-22, the budget includes funding for the acquisition of two (2) new vehicles to support the expansion of staffing within the Public Works operation.

For Fiscal Year 2021-22, there is one remaining vehicle scheduled for replacement, which is a 2007 GMC Sierra pickup truck that is assigned to Parks / Facilities. The identified vehicle for this replacement, as well as the proposed new vehicles, is a RAM 2500 Tradesman 4x4 pickup. This has become the standardized vehicle for use within the Public Works operation due to its performance in the varying weather conditions and its ability to be adapted for the installation of a snowplow.

Over the last year or more, there has been a worldwide shortage of semiconductor chips that have made the supply chain related to vehicles very challenging. This situation has made vehicles more difficult to acquire and more expensive. Historically, staff has been able to obtain vehicles through the Sourcewell Purchasing Collective or by contacting local dealerships; however, the market conditions have exhausted these resources. Staff has been able to locate the necessary vehicles through Dave Smith Motors (Kellogg, ID).

DISCUSSION
Staff is seeking to purchase three (3) new vehicles for the Public Works Operation. One (1) of the vehicles will serve as a replacement of a replacement vehicle for a 2007 GMC Sierra pickup truck.

The two (2) additional vehicles will expand the motor fleet to support the added staff within Public Works. The approved Fiscal Year 2021-22 operating budget added four (4) additional staff to Public Works to facilitate the establishment of dedicated park attendants and a litter collection team to focus on improved aesthetics throughout the community. As these positions are nearly filled, staff is working to ensure that we have the necessary equipment, including vehicles, to support the staff in their efforts and assignments. These additional vehicles will ensure that the personnel deployment and productivity are achieving the identified standard.

Staff has identified RAM 2500 Tradesman 4x4 Pickup Trucks as a suitable replacement for the identified vehicles and for the additional vehicles. These trucks have 4x4 which makes them effective for operation in all weather conditions and staff has been generally pleased with the performance and capabilities of the RAM trucks that make up most of the City’s light and heavyduty truck fleet. Historically, RAM has been found to represent the best value related to pickup trucks sought by the City. Additionally, the consistency of make and model of like vehicles allows for efficiencies within the City’s fleet maintenance efforts. The sizing of the trucks will allow snowplows to be attached to them for the winter season and the specification of these vehicles includes all necessary considerations for the snowplows.

The City is a member of Sourcewell, which is a national purchasing collective for use by government agencies to acquire goods and services such as vehicles and equipment. National Auto Fleet Group (Watsonville, CA) is the dealership with the vehicle contract through Sourcewell and they are generally able to order and obtain any desired vehicle or piece of equipment. For these trucks, National Auto Fleet Group was unable to produce a price quote as they are unable to obtain and deliver the requested vehicles. Furthermore, given the uncertainty in the marketplace, they were unable to offer a timeline as to when those vehicles may become available to them.

Staff contacted the RAM dealer in Victorville, CA who indicated that they were unable to provide the requested vehicles and would not be providing a quotation. Other local dealer websites offered the vehicles and provided pricing but as they were contacted by staff for follow up, it was determined that the vehicles were actually not available and a timeline for their availability could not be provided.

To meet the vehicle and equipment needs of the crews, staff considered the rental of vehicles as a stop gap until the market for vehicle acquisition improves. Staff contacted several rental providers and found that the monthly pricing for the rental of the necessary trucks was more than $1,000 per truck per month. Given the need for multiple vehicles and the open-ended period for which they would be needed, staff was unable to justify the expense in the short term.

Finally, staff was able to locate the desired vehicles through Dave Smith Motors in Kellogg, ID.

The City has previously purchased vehicles from Dave Smith Motors as they are believed to be one of the largest truck dealers in the Country and have proven able to obtain vehicles even in difficult market conditions. Representatives of Dave Smith Motors have provided staff with a proposal for three (3) 2022 RAM 2500 Tradesman Pickup trucks at a list price of $51,999 each.

The total purchase order will be for $168,087, as follows:

Truck List Price: $ 51,999
Quantity 3 $ 155,997
SB Co Sales Tax $ 12,090
Total $ 168,087
Staff has been unable to obtain proposals from other dealerships due to the lack of availability of the vehicles; however, staff has conducted a wide internet search to establish the pricing basis for these vehicles. Kelly Blue Book, a widely recognized vehicle valuation provider, has provided an average pricing for these vehicles ranging from $51,648 to $53,993 (before tax). Additionally, when specifying this vehicle through the manufacturer's website (www.ramtrucks.com), a truck with these specifications is shown with a net price of $60,450. Staff believes that the provided pricing is appropriate considering the current market conditions.

Staff has confirmed that these vehicles are available within the Dave Smith Motors network and, should the City Council authorize this purchase, staff will coordinate the execution of the paperwork and delivery of the vehicles as soon as possible.

The vehicle that is identified for replacement will be retired from service as the replacement vehicle is put into use. The vehicle will be disposed of using an auction service, which is consistent with the City’s historic practices for displacement of surplus vehicles.

FISCAL IMPACT
Funding is available for these purchases within the approved Fiscal Year 2021-22 Capital Improvement Budget. Funding is identified for both vehicle replacements and vehicle acquisition.

ENVIRONMENTAL CONSIDERATIONS
This action is not subject to environmental review pursuant to the California Environmental Quality Act.

ATTACHMENTS

1. Resolution No. 2021-XX

2. Proposals from Dave Smith Motors

3. Kelly Blue Book Valuation

4. Manufacturer’s Website Pricing Information
ATTACHMENT 1
Resolution No.
2022-XX

RESOLUTION NO. 2022-XX

RESOLUTION AUTHORIZING A PURCHASE ORDER FOR NEW

PUBLIC WORKS TRUCKS
WHEREAS, the Public Works Division is responsible for the management and maintenance of the City’s motor fleet which includes a variety of vehicles and equipment for use in support of City operations; and
WHEREAS, the management of the motor fleet includes the maintenance of a vehicle replacement schedule that is updated annually; and
WHEREAS, the City’s remaining vehicle plans for Fiscal Year 2021-22 include the replacement of a 2007 GMC Sierra pickup and the acquisition of two (2) new vehicles to support the expanded staff in Public Works; and
WHEREAS, staff has identified a RAM 2500 Tradesman 4x4 pickup as the preferred vehicle for these uses as it is consistent with the other fleet vehicles, has proven to meet the needs of the City in all weather conditions, and can accept the installation of a snowplow on the front end; and WHEREAS, recent market conditions have made it difficult to locate available vehicles for purchase; and
WHEREAS, staff contacted National Auto Fleet Group, through Sourcewell, and Victorville Motors, as the City has previously purchased vehicles through both dealerships, and neither were able to provide cost proposals due the lack of availability of the requested vehicles; and WHEREAS, staff investigated the rental of the necessary trucks to support the needs of the staff but found the cost to be in excess of $1,000 per month per vehicle, which was unreasonable given the open ended nature of the City’s need; and
WHEREAS, staff was able to locate the desired vehicles through Dave Smith Motors in Kellogg, ID and the dealership confirmed the availability of three (3) of the requested vehicles at a list price of $51,999 each; and
WHEREAS, staff was unable to obtain additional proposals for the requested vehicles but was able to substantiate the pricing utilizing online resources as Kelly Blue Book provided a price range of $51,648 to $53,9936 for these vehicles and www.ramtrucks.com provided a net price of $60,450 for a truck of these specifications; and
WHEREAS, based upon the extensive research conducted by staff and the lack of availability through other sources, staff believes that this pricing is appropriate for these vehicles in the current market conditions.

NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Big Bear Lake that the City Manager is authorized to execute a purchase order with Dave Smith Motors of Kellogg, ID in the amount of $168,087 for three (3) RAM 2500 Tradesman 4x4 pickup trucks.

PASSED, APPROVED AND ADOPTED this 7th day of March, 2022.

Rick Herrick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2021-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 7th day of March, 2022 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________
Erica Stephenson, City Clerk
ATTACHMENT 2
Proposals from
Dave Smith
Motors

ATTACHMENT 3
Kelly Blue Book
Valuation





 


!
"
#$$%&'()*+,-./01234
#$$%&'(5'067(,-./0189:
;</&=/1</1<6
>?@ABC"C!D234
E
FG
HI"JK
LCC
8
A"JI"M:NOAEPNK98QIH

L
IR

I"8SL 

" !I IC"4?HC!
HIBN:TGU

AV4W@
GH
"

VIBX?U
?BX
YC
DGHD@VIBX?U
WC?"H
DCZ[
IJI"\"IH
GH
H
] ^
_

`abcdef
ghijklm
nodpqoprfstoauf
ghijkvwxghyjlly
nodpz{pe|o}fzpdef
gh~jw~i
qtz
ghhj€vh
M
@I
ZC
‚ƒ&'„
†††‡Hˆ
C?Jˆ‰Š‰‹Š‰†‰‰
 







 !

"
!#
$
%
&
!'


&!"
!(&


)*

*&
!'
+,-./01-023,-45/60
7


8

(98
$!
:;

*
<66=-02>?-@@
A%
B!C


(
D04E05/FE@
7$
!G
$
H


;I

!"G!&
JKL
MNOOP
Q6R=6,5-02
Q60FE0/E04E
S
(MMTU
V01/0E
WG"X
A
W'Y
:

UZ[KIHW'\:

]-02-56,^V_`/aRE05
b-4.-1E@
c
dSd*
X!$!

c
dSd*
X!$!

e5fE,
I
K


I




*
7(
&g!d
hfEE?@
C&7
C&&
:

B!
D05E,/6,
G!A
i

I!B ijB
kE-5@
7!G
&7
g
&
7![AU

"7
g
&
D05E,/6,Q6?6,@
g!d
g!d9A
l!"
3,-0@R/@@/60
8
$!
W7
8
$!
Z7
kaE4/-?mEE@
I!
%!n7!$


%
*

8


!i
*&G&!*
[!(!

o/1f5/01-02]/,,6,@
I

A![!
S
(X!
X
(
(9I!
!i
jX

7 *
!
:
*&:KAg
:
*&G!!

V05E,5-/0RE05-02
D0@5,`RE05-5/60
B!

K#
$

p

T
B!

K#
$

p

Tq!;
B!

K#
$

p

Tq!;
X
SI



X!

]E4f-0/4-?
X!
%G!K


7&
%

&i"
8L8

7

B!
A
r

!
8LB!

\'Ms
8LB!

N'YN
[!K
*

g
d
Vt5E,/6,
7 7C&

C&
iX!
dTs'sl!G!
A!A
7 7i!G! 
:
*&
g!di

:


S!
V?E45,/4-?
8
!
OOs8$ 8
!
A!
8
!
A!
8
!
A!
8
!
A!
k-=E5^-02kE4`,/5^
S!d8
7"$B!
g

7
8(9G

S!&A

G!$!X
(I

B
!
7!%"u
AX G
)
8!$7"$g!d
G!$!7

U
(
X!

3/,E@
:XOYT9YsBMZK
r B
!C: :XOYT9YsBMZK
r B
!C: :XOYT9YsBMZKg7C
:XOYT9YsBMZKg7C
X
G

;


!7!
:XO\T9YsBMYKg7C
 








 !

 

!

 "#$%&
"

 "#$%&
"

'(
)*+

 !,-

./0
!-
!1!,#,
2334556789
:;4<
=3>45
(?!)@


A$
,

$)@


A$
,

$)@


A$
@

1!,
#, %@

B

@


-
$

A-

$! C%D
EF*C
$
(
A,?@


(
A
A
@



EF*C
$
(
 ($
G"%H%CB
(
 (D, 
@


(
 ($
G"%H%CB
(
 (D, 
@


EF*C
$
EF*C
$

!!
@



!!
@


(
A
A
@



(
A
A
@



I

@


,
"
J! !)@


GK
"!@



B"' .
7L<4
M5

 !( -! 

$,!#,!
 "

C
"

)B!

H "C
@!)B! -! 
)


-
""(! -! 
E @
!
!

N
A
!!
N
A
(,


BN
A



"O @
E",E$
'$,!@
B+C
&A



B!!
N
A
-$,!

&!
 (?!)N
A
J! !)E$
C
O 

 



  
 
 
  
 
  
 

 

!"# $ %&"' ()**+,-+. /+-01 234+ 5 67889:;9< =9;>?@ AB?C9 ?: B9DB9:9E;>;?F9 GH <9>@9B:I >:J?E8 DB?C9:K L; >::7M9: ;N>; ;N9 F9N?C@9 N>: O99E H7@@P B9CGE<?;?GE9< >E< ;>J9: ?E;G >CCG7E; ;N9 <9>@9B:I DBGQ; >E< CG:;: HGB ><F9B;?:?E8K RN9 QE>@ :>@9 DB?C9 S?@@ @?J9@P O9 @9::T <9D9E<?E8 GE ;N9 C>BI: >C;7>@ CGE<?;?GET DGD7@>B?;PT S>BB>E;P >E< @GC>@ M>BJ9; H>C;GB:K U+11+V W1)+ WXXYZ [03 2)34\0,+ 234+ ]^,+. _03` 5 RN?: ?: ;N9 DB?C9 D9GD@9 >B9 ;PD?C>@@P D>P?E8 > <9>@9B HGB > 7:9< C>B S?;N ;PD?C>@ M?@9>89 ?E 8GG< CGE<?;?GE GB O9;;9BK RN?: DB?C9 ?: O>:9< GE >C;7>@ 7:9<C>B ;B>E:>C;?GE: >E< ><a7:;9< B987@>B@P >: M>BJ9; CGE<?;?GE: CN>E89K [03 b03Y+- /0c*+ ]^,+. _03` 5 RN?: ?: ;N9 DB?C9 D9GD@9 >B9 ;PD?C>@@P D>P?E8 > <9>@9B HGB > 7:9< C>B S?;N ;PD?C>@ M?@9>89 ?E 8GG< CGE<?;?GE GB O9;;9BK RN?: DB?C9 ?: O>:9< GE >C;7>@ 7:9<5C>B ;B>E:>C;?GE: >E< ><a7:;9< B987@>B@P >: M>BJ9; CGE<?;?GE: CN>E89K [03 b03Y+- /0c*+ ]^,+. _03` 5 RN9 d>?B e>BJ9; =>E89 ?: f9@@9P g@79 gGGJI: 9:;?M>;9 GH SN>; PG7 C>E B9>:GE>O@P 9hD9C; ;G D>P ;N?: S99J HGB > F9N?C@9 S?;N ;PD?C>@ M?@9>89 >E< CGEQ87B9< S?;N PG7B :9@9C;9< GD;?GE:T 9hC@7<?E8 ;>h9:T ;?;@9 >E< H99: SN9E D7BCN>:?E8 HBGM > <9>@9BK i>CN <9>@9B :9;: >E< CGE;BG@: ?;: GSE DB?C?E8K U+11+V W1)+ WXXYZ _+3-j+. 23+klmc+. ]_2l` 234+ 5 RN?: ?: ;N9 <9>@9B:I >:J?E8 DB?C9 GH > C>B ;N>; M99;: ;N9 M>E7H>C;7B9B:I nAo DBG8B>MT SN?CN ?EC@7<9: >E ><<?;?GE>@ S>BB>E;P O9PGE< ;N9 GB?8?E>@ H>C;GBP S>BB>E;PK L; ?EC@7<9: C9B;?QC>;?GE DBG8B>M CG:;:T <9>@9B DBGQ;: >E< B9;>?@ CG:;:K RN9 QE>@ DB?C9 <9D9E<: GE ;N9 C>BI: >C;7>@ CGE<?;?GET DGD7@>B?;PT S>BB>E;P >E< @GC>@ M>BJ9; H>C;GB:K [03 b03Y+- /0c*+ ]_2l` 5 RN9 d>?B e>BJ9; =>E89 ?: f9@@9P g@79 gGGJI: 9:;?M>;9 GH SN>; PG7 C>E B9>:GE>O@P 9hD9C; ;G D>P ;N?: S99J HGB ;N?: P9>BT M>J9 >E< MG<9@ n9B;?Q9< AB95oSE9< F9N?C@9 S?;N ;PD?C>@ M?@9>89 CGEQ87B9< S?;N PG7B :9@9C;9< GD;?GE:T 9hC@7<?E8 ;>h9:T ;?;@9 >E< H99:K i>CN <9>@9B :9;: >E< CGE;BG@: ?;: GSE DB?C?E8K U+11+V W1)+ WXXYZ 23p0-+ 203-V 234+ 5 RN?: ?: ;N9 :;>B;?E8 DG?E; HGB E98G;?>;?GE GH > 7:9<5C>B :>@9 O9;S99E > DB?F>;9 O7P9B >E< :9@@9BK RN?: ?: >E q>: ?:q F>@79 ;N>; <G9: EG; ?EC@7<9 >EP S>BB>E;?9:K RN9 QE>@ DB?C9 <9D9E<: GE ;N9 C>BI: >C;7>@ CGE<?;?GE >E< @GC>@ M>BJ9; H>C;GB:K 23p0-+ 203-V /0c*+ 5 RN9 AB?F>;9 A>B;P =>E89 ?: f9@@9P g@79 gGGJI: 9:;?M>;9 GH SN>; PG7 C>E B9>:GE>O@P 9hD9C; ;G D>P ;N?: S99J HGB > F9N?C@9 S?;N ;PD?C>@ M?@9>89 ?E ;N9 :9@9C;9< CGE<?;?GE >E< CGEQ87B9< S?;N PG7B :9@9C;9< GD;?GE:T 9hC@7<?E8 ;>h9:T ;?;@9 >E< H99: SN9E D7BCN>:?E8 HBGM > DB?F>;9 D>B;PK rs4+11+c- _Xc.-Xc 5 tu GH >@@ C>B: S9 F>@79K RN?: C>B @GGJ: E9S >E< ?: ?E 9hC9@@9E; M9CN>E?C>@ CGE<?;?GEK L; N>: E9F9B N>< D>?E; GB OG<PSGBJ >E< N>: >E ?E;9B?GB >E< OG<P HB99 GH S9>B >E< F?:?O@9 <9H9C;:K RN9 C>B ?: B7:;5HB99 >E< <G9: EG; E99< B9CGE<?;?GE?E8K L;: C@9>E 9E8?E9 CGMD>B;M9E; ?: HB99 GH v7?< @9>J:K L; >@:G N>: > C@9>E ;?;@9 N?:;GBPT N>: CGMD@9;9 >E< F9B?Q>O@9 :9BF?C9 B9CGB<: >E< S?@@ D>:: :>H9;P >E< :MG8 ?E:D9C;?GEK w+3V xXX. _Xc.-Xc 5 ytu GH >@@ C>B: S9 F>@79K RN?: C>B N>: M?EGB S9>B GB F?:?O@9 <9H9C;: GE ;N9 OG<P >E< ?E;9B?GB O7; ?: ?E 9hC9@@9E; M9CN>E?C>@ CGE<?;?GET B9z7?B?E8 GE@P M?E?M>@ B9CGE<?;?GE?E8K L; N>: @?;;@9 ;G EG D>?E; >E< OG<PSGBJ  




   

 
 

 
 
 
 

 

 



 

 







   





 



!!"#!$"%&%!$'(



 
)
 
 


 
  









 *
 


'



  

  


 


 

 
 
   



 



  






 
 
 +

 

 


 

 






    






 


,
-.%/#!$"%&%!$'01




  


  
  




 



 

 



 



2



 
 

 
 
 
  
  
 
   



3455678988:;<<;=><?;>!!@#!ABCD$EAF<</%GH&I/;I;/J;"A KL+LLM 
N
N

O


P
   
L2L12L+LL'L2L12L+LLQ


OPR+++0
  


 *
 




 




  

 

  
  

 


S  


 




 

 
P






 






 


  





 



  
 




  

 




 
 


 



 


 

 

 

  
  


 





 








 

M 
N
N


 
 



 





T
L+L+LLUV
ATTACHMENT 4
Manufacturer's
Website Pricing
Information
2022 RAM 2500 TRADESMAN® CREW CAB 4X4 8' BOX

NET PRICE
$60,450

EXTERIOR
Monotone Exterior Colors: Bright White Clear-Coat Exterior Paint $0 Lighting: Clearance Lamps $95
Wheels: 18-Inch x 8.0-Inch Steel Chrome Clad Wheels $0
Tires: LT275/70R18E OWL On/Off-Road Tires $295
Additional Exterior Features: Monotone Paint $0

INTERIOR
Six-Passenger Seating: Cloth 40/20/40 Bench Seat $0
Interior Colors: Black Interior Color $0
Entertainment: Uconnect® 3 with 5-Inch Touch Screen Display $0 Windows & Locks: Rear Window Defroster $195
Additional Interior Features: Instrument Panel Mounted Auxiliary Switches $145

PACKAGES
Chrome Appearance Group $1,095
Snow Chief Group $905
Tradesman Level 2 Equipment Group $1,345

POWERTRAIN
Engine: 6.7L I6 Cummins Turbo Diesel Engine $9,400
Transmissions: 6-Speed Automatic 68RFE Transmission $0
GVWR Packages: GVW Rating - 10,000 Pounds $0
Axles: Anti-Spin Differential Rear Axle $495
Gear Ratios: 3.73 Axle Ratio $0
Alternators: 220-Amp Alternator $145
Additional Mechanical Features: Tow Hooks $100

MEETING DATE: March 7, 2022
TO: Honorable Mayor Herrick and Members of the City Council FROM: Frank A. Rush, Jr., City Manager
SUBJECT: City Manager Comments – Item 2.1
ORDINANCE AMENDING TABLE 17.35.040.A (ACCESSORY USES AND STRUCTURES PERMITTED IN

COMMERCIAL AND PUBLIC ZONES) TO ALLOW CONSIDERATION OF DEMONSTRATION AREAS, SUBJECT TO A CONDITIONAL USE PERMIT, IN THE C-2, C-3 AND C-4 ZONE DISTRICTS CITYWIDE

ACTION TO BE CONSIDERED
City Council will conduct a public hearing to receive comments, consider reading the title, waive further reading, and introduce a proposed ordinance amendment to the Development Code to allow a new accessory use in conjunction with and incidental to an allowed principal primary use onsite. Several businesses have expressed interest in outdoor demonstration areas, typically with retail and/or equipment rental operations. The Planning Commission considered this request at a public hearing on January 19, 2022 and voted 4-0 to recommend City Council approval of the proposed ordinance amendment.

RECOMMENDED MOTION(S)
Motion to read the title, waive further reading, and introduce an Ordinance Amending Table 17.35.040.A (Accessory Uses and Structures Permitted in Commercial and Public Zones) to Allow Consideration of Demonstration Areas, Subject to a Conditional Use Permit, in the C-2, C-3, and C-4 Zoning Districts Citywide.

RESPONSIBLE STAFF Sue O’Strander, Community Development Director

ADDITIONAL CITY MANAGER COMMENTS
None.

MEETING
DATE: March 7, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Frank A. Rush, Jr., City Manager
FROM: Sue O’Strander, AICP, Director of Community Development SUBJECT: Ordinance Amending Table 17.35.040.A (Accessory Uses and Structures Permitted in Commercial and Public Zones) to Allow Consideration of Demonstration Areas, Subject to Conditional Use Permit, in the C-2, C-3 and C-4 Zone Districts Citywide

BACKGROUND
In July 2020, the applicant proposed a preliminary concept to expanding a retail and rental shop to include an outdoor component for property addressed at 39769 Big Bear Boulevard (Johnny’s Ski and Board House). The original proposal anticipated up to 200 students daily, substantially intensifying traffic and land use at this location, and was determined to be similar to a winter resort use. As such, the proposal was determined inappropriate at the subject location.

The project proponent considered staff concerns raised regarding the original concept and, in August 2021, returned with an alternative proposal. The revised proposal focused on creating an outdoor area where customers and patrons could be educated on the proper use of purchased or rented equipment. The applicant indicated their primary concern was customer safety and proper use of the equipment. This proposal would provide a controlled environment where customers can learn to properly use the equipment. Staff considered the revised concept as different from the previous winter resort-type activities, and one that more closely aligns as an ancillary use.

Staff indicated the revised proposal had some merit. However, the mechanism to pursue the plan would require an amendment to the development code to allow consideration of this type of ancillary use. The applicant supported staff’s recommendation and has requested staff to move forward with the proposed amendment.

The applicant understands the amendment could benefit other businesses citywide, and plans to pursue the appropriate entitlement mechanism at the conclusion of this effort. Therefore, at this time, no physical development is associated with the proposed amendment.

DISCUSSION
As presented, Development Code Amendment 2021-150 would include outdoor demonstration areas as conditionally allowed ancillary use in certain situations. Specifically, retail and/or equipment rental businesses may be allowed an ancillary demonstration area for sale or rental equipment associated with the principal use onsite. In addition to ski/board shops, such a demonstration areas may be reasonable for other uses. For example, bike shops, scuba/surf shops, climbing equipment, and even off-road vehicles.

It is important to ensure such demonstration areas are indeed ancillary and accessory to a primary allowed use. Therefore, general admission or free-use of the demonstration area will not be permitted. Use of the demonstration area would be allowed only as part of the typical operations of a principal or primary business. A conditional use permit (CUP) process is recommended to ensure these outdoor uses remain ancillary and associated with a principal use. In addition, the CUP will analyze the merits of the proposed demonstration area based on the site specifics, and minimize potential nuisance concerns from adjoining or nearby properties.

In considering the types of principal businesses that might benefit from the proposed amendment, staff reviewed the allowed uses in the various commercial zone districts. It was determined that uses allowed in the C-2 (commercial general), C-3 (commercial visitor), and C-4 (commercial recreation) are best suited for this amendment. The inclusion of an outdoor demonstration area in these districts complies with the intended land uses in these areas, to promote retail commercial activity, serving visitors and general retail uses alike. Specifically, recreational equipment rental is allowed in these zone districts.

On January 19, 2022, the Planning Commission considered the development code amendment at a duly noticed public hearing. The Commission discussed the merits and concerns associated with the proposed amendment, took public testimony, and deliberated on the matter. The project proponent spoke on the matter, and there were no other public commenters. It was important to the Commission that the demonstration areas remain complimentary to and not further intensify the principal allowed use. At the conclusion of the meeting, the Planning Commission voted 4-0 recommending City Council adoption of the proposed amendment, to allow demonstration areas ancillary to a principal use, with an approved conditional use permit.

PROPOSED AMENDMENT
The proposal would add the following accessory land use to Table 17.35.040.A Accessory Uses and Structures Permitted in Commercial and Public Zones within the Commercial Development Code:

ACCESSORY USES BY
ZONE
C-1 C-2 C-3 C-4 C-5 P
Demonstration Area (outdoor
area used for demonstration of
rented equipment onsite, not
open for general admission)
- CUP CUP CUP - -
CUP = permitted subject to approval of a Conditional Use Permit pursuant to Section 17.03.170.

The CUP process subjects each such request to a public hearing and Planning Commission review.

FISCAL IMPACT
None.

ENVIRONMENTAL CONSIDERATIONS
It can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. As such, this project has been determined to be exempt from environmental review under the common sense rule pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.

ATTACHMENTS

1. Planning Commission staff report, dated January 19, 2022

2. Planning Commission Resolution No. 2022-01

3. City Council Ordinance No. 2022-xxx
ATTACHMENT 1
Planning
Commission staff
report, dated
January 19, 2022
Community Development Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com DATE: January 19, 2022
TO: Planning Commission
FROM: Nathan Castillo, Associate Planner
SUBJECT: Development Code Amendment 2021-0150
LOCATION: Citywide

RECOMMENDED ACTION(S)

1. Find that the proposed amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) of the CEQA Guidelines; and

2. Adopt a resolution recommending that the City Council approve Development Code Amendment 2021-150 amending Accessory Land Use Table 17.35.040.A to include “Demonstration Area” with a Conditional Use Permit in the C2, C3, & C4 commercial zones.

APPLICANT INFORMATION
Property Owner: Joseph P. Banner | Learn to Surf, LLC
39799 Big Bear Blvd, Big Bear Lake, CA 92315
Representative: Jason Murchison | Johnny’s Ski & Board House 630 Indianapolis Ave, Huntington Beach, CA 92648

PROJECT DESCRIPTION
Jason Murchison and Johnny’s Ski & Board House have initiated the proposed amendment to the City of Big Bear Lake Development Code (Title 17 of the Municipal Code) to add a specific type of land use to the C2, C3, & C4 commercial zones. The new land use proposes an ancillary “Demonstration Area” (outdoor) associated with an existing primary use, such as a retail and/or equipment rental business.

At this time, there are no physical developments directly associated with this request. The proposed amendment will not result in any change to the built-out environment as envisioned by the General Plan or Development Code.

BACKGROUND
This project originally began as a request to add an outdoor demonstration area to the existing Johnny’s Ski and Board House rental business. Two Pre-Development Review applications were submitted defining operations of the proposed outdoor area. In the first iteration, received July 2020, the project proposed a Winter Resort with ski and snowboarding lessons onsite. With ITEM 4.1
Development Code Amendment 2021-150
Planning Commission Date: January 19, 2022

proposed operations 7 days a week, the proposed ski school anticipated up to 200 students daily and would have been a substantial intensification of onsite activities. This first proposal was determined as comparable to a Winter Resort and not permitted within the C-3 zone.

Later in August of 2021, the project was substantially down-sized, with the intention of the smaller operation focused on proper use of equipment rented onsite. As a way to move this request forward, staff determined that there may be opportunity to support this type of demonstration area as an accessory land use. The applicant indicated interest in pursuing this option. The development code amendment process allows applicants the opportunity to request the addition of unlisted (otherwise prohibited) uses to the Development Code with the approval from both the Planning Commission and City Council.

What is a Demonstration Area?
A Demonstration Area could not be a stand-alone or primary use. This is proposed as an accessory use to an existing retail or rental business such as Ski/Snowboard Rentals, Bicycle Rentals (electric, mountain, road, etc.), Watersport, Team Sports, and other related outdoor equipment rentals. While not the primary focus of the business, the demonstration area presents an opportunity for consumers to test equipment and learn proper function in a controlled environment. General admission or free-use of the designated area will not be permitted as an accessory demonstration area. Use of the demonstration area shall be included in the typical operations of a rental businesses with the added benefit of testing functionality and operation only.

Compared to Similar Uses Listed
In some cases, the term “similar uses permitted by City Planner determination” appears within the Development Code. This language allows some flexibility by the City Planner, as evidenced by a written decision, that a proposed use may be considered similar to another use specifically listed in the same district. Such determination must be thoughtful as the “similar” use may not be more intensive, obnoxious, or otherwise objectionable than the “similar” use.

Staff has evaluated the proposed “Demonstration Area” and finds that there is no similar use, either in the list of principal uses (Table 17.35030.A) or list of accessory uses (Table 17.35.040.A).

Therefore, the proposed Demonstration Area not eligible for this type of determination.

Why all Commercial Zones?
Accessory uses are typically permissible with additional conditions or standards where the primary use is allowed. A Demonstration Area would be accessory to retail and rental stores which are permitted as principal uses in (C-2) Commercial General, (C-3) Commercial Visitor, and (C-4) Commercial Recreation zone districts. This type of accessory use complies with the intention of each zoning designation as listed within the General Plan. Detailed in a later section, the Land Use element within the General Plan describes each zone as visitor serving intended for retail sales and equipment rental for recreation and entertainment type uses. This “Demonstration Area” is complementary to the intended uses of these zoning designations without the intensity of uses permissible in a zone district allowing more intensive uses.

Development Code Amendment 2021-150
Planning Commission Date: January 19, 2022

Conditional Use Permit (CUP) Recommended
The purpose of a conditional use permit is to allow certain uses that contribute to the orderly growth and development of the City to be properly integrated into the surroundings in which they are to be located. The conditional use permit process provides an opportunity for public review and evaluation of site-specific requirements and characteristics, to identify adequate mitigation of any potentially adverse impacts, and to ensure that all site development regulations and performance standards are provided in accordance with the Development Code. In addition, the conditional use permit ensures ongoing compliance with conditions of operation, which may be applied to the use in order to protect public health, safety and welfare, and to ensure compliance with the General Plan goals, objectives, and policies.

Throughout the Commercial and Public zones permitted land use table, outdoor activities require Conditional Use Permits to mitigate any operations that have potential to cause nuisance or disturb adjacent properties. Most importantly, the CUP process allows ongoing conditions of operation specific to the type of Demonstration Area and equipment used. Measures such as occupancy, size, noise levels, hours of operation, maintenance, required landscaping, and other conditions may be placed for orderly and efficient operation of the proposed Demonstration Area.

For these reasons, staff recommends inclusion of the Demonstration Area as an accessory use with an approved CUP to be considered on a case-by-case basis.

Alternatively, the Planning Commission may wish to consider allowing this accessory use by right.

This would be an administrative approval of a Minor Modification with no public notice or hearing.

However, objective standards would need to be included in the development code amendment and applicable to all future Demonstration Areas. If a proposal exceeds the objective performance standards, then a CUP or Plot Plan Review (PPR) may be required before the Planning Commission. Should the Commission wish to pursue this business-friendly approach for Demonstration Areas, staff requests Commission direction on desired objective performance standards, and staff would return to the Commission at a later date.

PROPOSED AMENDMENT
The proposal would add the following accessory land use to Table 17.35.040.A Accessory Uses and Structures Permitted in Commercial and Public Zones within the Commercial Development Code:

ACCESSORY USES BY
ZONE
C-1 C-2 C-3 C-4 C-5 P
Demonstration Area
(indoor/outdoor area used for
lessons and instruction, not
open for general admission)
- CUP CUP CUP - -
CUP = permitted subject to approval of a Conditional Use Permit pursuant to Section 17.03.170.

Development Code Amendment 2021-150
Planning Commission Date: January 19, 2022

ANALYSIS
General Plan Consistency
Policy L 1.1 depicts the type and intensity of land uses permitted in each zoning designation. The Commercial-General (CG) designation is intended to provide a broad range of commercial good and services including all uses permitted within the Commercial-Services (CS) and the Commercial-Visitor (CV) designation. The CV designation is intended to provide for goods and services oriented to serving the needs of visitors to the City, vacationers, and the traveling public.

Typical uses within this designation include retail uses oriented to visitor, sports equipment sales and rental, and entertainment uses. Similar to the CG designation, land within the CV designation is located adjacent to major streets and highways and adjacent to recreation facilities. The Commercial-Recreation (CR) is intended to provide recreational facilities and entertainment uses for visitors and tourists as well as supportive commercial uses such as hotels, lodging, retail sales, and rental of equipment.

The addition of a Demonstration Area complies with several policies of the General Plan Land Use Element, which are listed in the following table.

POLICY # SUMMARY OR INTENT CONSISTENCY ANALYSIS
L 1.1
Adopt and maintain a land use map which depicts the type and intensity of land uses permitted in the planning area and provides for varying residential lifestyles, business activities, open space area and public uses.

This Development Code Amendment intends to
maintain an updated land use map with descriptions that match specific land use types and business activities that are aligned with General Plan descriptions.

L 1.2
Ensure that the Development Code and other applicable
development-related ordinances are brought into conformance with the General Plan
L 1.2.1 Revise and adopt amendments to the City’s
Development Code and other documents as needed to
ensure conformance of these provisions with the
General Plan
L 1.3 Ensure that all new development within the City conforms to all applicable provisions of the General Plan
L 1.3.1 this project has been reviewed through the
development review process to ensure compliance with
the General Plan
L 1.7 Ensure compatibility between land uses which have different functions, requirements and impacts
With requirement of a Conditional Use Permit,
compatibility is reviewed on a case by case basis.

L 2.3
Promote Big Bear Lake as a major resort destination for southern California, and provide for development of visitor-oriented facilities, services, activities and attractions to enhance tourism L 2.3.1 this project adopts a new land use designation
and standards for visitor commercial and recreationoriented development L 4.3
Adopt regulations for location, design and operation of commercial uses which by the intensity of the proposed use or potential secondary land use effects, may have special
requirements.

With the requirement of a Conditional Use Permit, the
intensity of Demonstration Areas can be mitigated
through conditions of approval.

Development Code Conformance
As described in Section 17.03.200 of the Development Code, an amendment may be initiated by any person or entity having a legal interest in property within the City. If the amendment is directly related to a parcel of land, the owner, or the authorized agent of the owner of property must file the application. Further, if the property that is the subject of an application is in more than one ownership, all of the owners or their authorized agents must join in filing the application.

The proposed code amendment provides additional customer service opportunities for certain retail and rental operations. These would be applicable citywide in the designated commercial zone districts. The Planning Commission shall determine whether the Development Code Development Code Amendment 2021-150
Planning Commission Date: January 19, 2022

amendment is consistent with all of the required findings for approval as set forth in the section below and shall provide a written report recommending to the City Council that the Development Code amendment be approved, approved as amended, or denied based upon said findings.

FINDINGS
Prior to taking an action to approve or recommend approval of a Development Code amendment, the reviewing authority shall find as follows:

1. The proposed Development Code amendment conforms with the goals, objects, and policies of the General Plan;
The proposed amendment is consistent with the General Plan Land Use Element goals, policies, and intentions for the Commercial General (CG), Commercial Visitor (CV), and Commercial Recreation (CR) designations. Specifically, the amendment is consistent with Land Use Policies L1.1, L1.2, L1.3, L1.7, L2.3, and L4.3. The accessory use is complimentary to visitor-serving uses for entertainment and recreation purposes.

2. The proposed Development Code amendment is necessary to implement the General Plan and to provide for public safety, convenience, and/or general welfare; The Development Code amendment is proposed to update and maintain a necessary list of uses, businesses, and activities throughout the development of the City. Additionally, this type of use is intended to provide instruction for the public safety, convenience, and general welfare of visitors renting or purchasing recreational equipment to ensure proper and safe use.

3. The proposed Development Code amendment conforms with the intent of the Development Code and is consistent with all other related provisions thereof; and The Development Code amendment process is appropriate for this new use for its relation to accessory type uses. Since a Demonstration Area would not be supported as a principal primary (stand-alone) land use, it is considered an accessory use and could potentially support a variety of primary uses. A differentiation was required from similar primary uses, and therefore a new accessory use is proposed. This amendment is consistent with Development Code requirements for determinations on unlisted uses as well as the requirements for the addition of unlisted uses.

4. The proposed Development Code amendment is reasonable and beneficial at this time.

The proposed amendment is initiated by a person/entity having legal interest in property within the City, pursuant to Section 17.03.200. As such, the City is responsive to the particular interest at this time. However, the amendment would be applicable citywide so that all appropriate primary uses have the same opportunity to provide the additional services to their customers, as appropriate.

Development Code Amendment 2021-150
Planning Commission Date: January 19, 2022

ENVIRONMENTAL DETERMINATION
The proposed amendments are not subject to the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) of the CEQA Guidelines. The proposal is covered by the “common sense” rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA. As such, a Notice of Exemption may be filed, and is provided as an attachment.

PUBLIC OUTREACH & INPUT
A legal advertisement and a box ad providing notification of the proposed amendments were published in The Grizzly on January 05, 2022. In addition, a notice was posted in three public places a minimum of 10 days prior to the hearing date. The Planning Commission agenda was distributed to Commissioners at least 72 hours in advance of the meeting, and through the City’s webpage, the meeting packet was available to the general public.

Attachments:

1. DRAFT PC RESOLUTION

2. CEQA DOCUMENT

3. PROJECT APPLICATION
ATTACHMENT 2
Planning
Commission
Resolution No.
2022-01

ATTACHMENT 3
City Council
Ordinance No.
2022-xxx
ORINDNANCE NO. 2022-XXX
ORDINANCE AMENDING TABLE 17.35.040.A (ACCESSORY USES AND

STRUCTURES PERMITTED IN COMMERCIAL AND PUBLIC ZONES)

TO ALLOW CONSIDERATION OF DEMONSTRATION AREAS,
SUBJECT TO A CONDITIONAL USE PERMIT, IN THE C-2, C-3, & C-4

ZONE DISTRICTS CITYWIDE, AND FINDING THE AMENDMENT

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, on August 10, 2021, Jason Murchison (“Applicant”) filed a Pre-Development application proposing a Demonstration Area to an existing ski/snowboard rental business for early evaluation and input on the proposal in advance of a formal application submittal; and WHEREAS, on November 17, 2021, Jason Murchison (“Applicant”) filed Development Code Amendment 2021-150 (“Application”) requesting approval for the addition of a “Demonstration Area” to the accessory land use table 17.35.040.A within the Development Code (“Project”); and WHEREAS, the Application is applied citywide, to all properties within city limits zoned Commercial-General (C-2), Commercial-Visitor (C-3), and Commercial-Recreation (C-4) within the Development Code and designated as Commercial General (CG), Commercial Visitor (CV) and Commercial Recreation (CR) within the General Plan; and WHEREAS, section 17.03.200 of the Development Code includes provisions for amendments to the Development Code; and
WHEREAS, a Demonstration Area is described as an accessory use to an existing retail or rental business such as Ski/Snowboard Rentals, Bicycle Rentals (electric, mountain, road, etc.), Watersport, Team Sports, and other related outdoor equipment rentals. While not the primary focus of the business, the demonstration area presents an opportunity for consumers to test equipment and learn proper function in a controlled environment. General admission or free-use of the designated area will not be permitted as an accessory demonstration area. Use of the demonstration area shall be included in the typical operations of a rental businesses with the added benefit of testing functionality and operation only; and
WHEREAS, public notice of the public hearing for Development Code Amendment 2021-150 was published in The Grizzly on January 05, 2022, posted in three public places and advertised on the City’s website; and
WHEREAS, on January 19, 2022 the Planning Commission conducted a duly noticed public hearing, and upon conclusion of the public hearing, took action to adopt Resolution No. 2022-01 by a vote of 4-0, recommending that the City Council approve the Application; and WHEREAS, the Application is not subject to the California Environmental Quality Act (CEQA) because it is covered by the “common sense” rule expressed in section 15061(b)(3) of the State CEQA Guidelines that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. The proposed amendments will not result in any change to the built-out environment as envisioned by the General Plan or Development Code and it can be seen with certainty that there is no possibility that the proposed activity may have a significant effect on the environment; and
WHEREAS, public notice of the public hearing for the Application was published in The Grizzly on February 23, 2022; and
WHEREAS, on March 7, 2022, the City Council conducted a duly noticed public hearing on the Application and concluded the hearing on that date; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, the City Council of the City of Big Bear Lake does ordain as follows:

Section 1. The City Council hereby specifically finds that all of the facts set forth in the above recitals of this ordinance, are true and correct.

Section 2. The City Council hereby finds that the Application is not subject to the California Environmental Quality Act (CEQA) because it is covered by the “common sense” rule expressed in section 15061(b)(3) of the State CEQA Guidelines that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. The proposed amendments will not result in any change to the built-out environment as envisioned by the General Plan or Development Code and it can be seen with certainty that there is no possibility that the proposed activity may have a significant effect on the environment.

Section 3. Based on the evidence for the Application presented to the City Council during the March 7, 2022 public hearing, including public testimony and written and oral staff reports, the City Council specifically finds that the following circumstances exist:

1. The proposed Development Code amendment conforms with the goals, objects, and policies of the General Plan; The proposed amendment is consistent with the General Plan Land Use Element goals, policies, and intentions for the Commercial General (CG), Commercial Visitor (CV), and Commercial Recreation (CR) designations. Specifically, the amendment is consistent with Land Use Policies L1.1, L1.2, L1.3, L1.7, L2.3, and L4.3.

The accessory use is complimentary to visitor-serving uses for entertainment and recreation purposes.

2. The proposed Development Code amendment is necessary to implement the General Plan and to provide for public safety, convenience, and/or general welfare; The Development Code amendment is proposed to update and maintain a necessary list of uses, businesses, and activities throughout the development of the City. Additionally, this type of use is intended to provide instruction for the public safety, convenience, and general welfare of visitors renting or purchasing recreational equipment to ensure proper and safe use.

3. The proposed Development Code amendment conforms with the intent of the Development Code and is consistent with all other related provisions thereof; The Development Code amendment process is appropriate for this new use for its relation to accessory type uses.

Since a Demonstration Area would not be supported as a principal primary (stand-alone) land use, it is considered an accessory use and could potentially support a variety of primary uses. A differentiation was required from similar primary uses, and therefore a new accessory use is proposed. This amendment is consistent with Development Code requirements for determinations on unlisted uses as well as the requirements for the addition of unlisted uses.

4. The proposed Development Code amendment is reasonable and beneficial at this time; The proposed amendment is initiated by a person/entity having legal interest in property within the City, pursuant to Section 17.03.200. As such, the City is responsive to the particular interest at this time. However, the amendment would be applicable citywide so that all appropriate primary uses have the same opportunity to provide the additional services to their customers, as appropriate.

Section 4. Based on the findings and conclusions as set forth above, the City Council hereby recommends that the Application is exempt from CEQA and adopts an ordinance approving Development Code Amendment 2021-150, as provided in Exhibit 1, and as described herein, Section 5. The City Clerk shall either: (a) have this ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once five days before its adoption and again within 15 days after its adoption.

PASSED, APPROVED AND ADOPTED this 4th day of April, 2022.

Rick Herrick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing Ordinance No. 2022-xxx is a full, true and correct original of Ordinance No. 2022-xxx of the City of Big Bear Lake entitled:

ORDINANCE AMENDING TABLE 17.35.040.A (ACCESSORY USES AND

STRUCTURES PERMITTED IN COMMERCIAL AND PUBLIC ZONES)

TO ALLOW CONSIDERATION OF DEMONSTRATION AREAS,
SUBJECT TO A CONDITIONAL USE PERMIT, IN THE C-2, C-3, & C-4

ZONE DISTRICTS CITYWIDE, AND FINDING THE AMENDMENT

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the Clerk of Said City, all at a regular meeting of the said Council on the 4 th
day of April 2022, and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California that the foregoing Ordinance No. 2022-xxx was duly and regularly published according to law and the order of the City Council and circulated within the said City.

Erica Stephenson, City Clerk
EXHIBIT 1

REDLINE VERSION
Proposed Text Changes to Development Code Amendment 2021-150 Proposed changes for the affected section of the Development Code are shown in underline for added language and strikethrough for deleted text below:

Table 17.35.040.A Accessory Uses and Structures Permitted in Commercial and Public Zones

ACCESSORY USES BY
ZONE
C-1 C-2 C-3 C-4 C-5 P
Demonstration Area (outdoor
area used for demonstration of
rented equipment onsite, not
open for general admission)
- CUP CUP CUP - -
CUP = permitted subject to approval of a Conditional Use Permit pursuant to Section 17.03.170.

MEETING DATE: March 7, 2022
TO: Honorable Mayor Herrick and Members of the City Council FROM: Frank A. Rush, Jr., City Manager
SUBJECT: City Manager Comments – Item 2.2
ORDINANCE AMENDING SUBSECTION 1.12.050(B)

OF THE BIG BEAR LAKE MUNICIPAL CODE REGARDING BY-DISTRICT ELECTIONS TO

ADJUST THE BOUNDARIES OF CITY COUNCIL ELECTION DISTRICTS AND TO CONFIRM

SUCH REVISED COUNCIL DISTRICT BOUNDARIES

ACTION TO BE CONSIDERED
City Council will receive a presentation, conduct a public hearing, and continue the City’s decennial redistricting process by reviewing two draft district map options. If Council selects one of the two map options, Council may introduce an ordinance adopting new City Council district maps at the March 7 meeting, with final adoption scheduled for the April 4 meeting. All California public agencies that hold elections by district must ensure that their district boundaries are mapped according to the latest U.S.

Census results and in accordance with California’s new Fair Maps Act. Decennial redistricting is required in an effort to balance the City’s population within the 5 Council districts and ensure proper consideration for communities of interest. This is the fourth of four required public hearings scheduled to allow for Council and community engagement, discussion, and legally-compliant district development. At the February 7 meeting, City Council reviewed eighteen draft map options and reached a consensus regarding their preference for two maps - Map 1 and Map 5B, and additional analysis of these two maps will be provided at the March 7 meeting.

RECOMMENDED MOTION(S)
City Council should review district map options 1 and 5B, and select one map for incorporation into the proposed ordinance.

Motion to introduce Ordinance Amending Subsection 1.12.050 (B) of the Big Bear Lake Municipal Code Regarding By-District Elections to Adjust the Boundaries of City Council Election Districts and to Confirm Such Revised Council District Boundaries.

RESPONSIBLE STAFF Erica Stephenson, City Clerk / Director of Human Resources

ADDITIONAL CITY MANAGER COMMENTS
Scott Smith, a partner at Best Best & Krieger, will attend the March 7 Council meeting to address the Council and respond to any questions.

MEETING
DATE: March 7, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Frank A. Rush, Jr., City Manager
FROM: Erica Stephenson, City Clerk/Director of Human Resources SUBJECT: Ordinance Amending Subsection 1.12.050(B) of the Big Bear Lake Municipal Code Regarding By-District Elections to Adjust the Boundaries of City Council Election Districts and to Confirm Such Revised Council District Boundaries

BACKGROUND
Every 10 years, cities with by-district election systems must use new census data to review and, if needed, redraw voting district lines to reflect how local populations have changed. This redistricting process ensures all districts have nearly equal population and nearly equal representation on the City Council. The City redistricting process must be completed by April 17, 2022. At the third in a series of four hearings held on February 7, 2022, the City Council reviewed several draft maps for revised City Council election districts and asked that two be presented to the City Council for final consideration at this hearing. Those maps accompany this agenda report as Attachment 2 together with an ordinance adopting whichever map the Council elects at the culmination of this decennial redistricting process. The ordinance requires approval at two meetings, however as it relates to election matters, will become effective immediately upon adoption.

DISCUSSION
All California public agencies that hold elections by district must ensure that their district boundaries are mapped according to the latest U.S. Census results and in accordance with California’s new Fair Maps Act. Decennial redistricting is required in an effort to balance the City’s population within the five Council districts and ensure proper consideration for communities of interest. The City’s current district were adopted based on 2010 census data. The districts must now be redrawn using the 2020 census data and in compliance with the Fair Maps Act, which was adopted by the California legislature as AB 849 and which took effect January 1, 2020.

The Act requires that the City Council must draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21621(c)):
• Compliance with the federal requirements of equal population and the Voting Rights Act; • Geographical contiguity;
• Undivided neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together);
• Easily identifiable boundaries; and
• Compactness (do not bypass one group of people to get to a more distant group of people).

The Act prohibits redistricting for the purpose of favoring or discriminating against a political party.

Once the prioritized criteria are met, other traditional districting principles can be considered, such as minimizing the number of voters delayed from voting in 2022 to 2024, respecting voters’ choices/continuity in office, and forecasting population growth.

The City must hold at least four public hearings for community members to provide input on district maps:
• At least one hearing before the City draws draft maps • At least two hearings after drawing draft maps
• A fourth hearing either before or after drawing draft maps • City staff or consultants may hold a public workshop instead of one of the required public redistricting hearings.

To increase accessibility for these hearings, cities must take the following steps:
• At least one hearing must occur on a Saturday, Sunday, or after 6:00 p.m. on a weekday • If a redistricting hearing is consolidated with another local government meeting, the redistricting hearing must be begin at a pre-designated time • Local public redistricting hearings must be made accessible with people with disabilities.

Determining population balance is typically done by measuring the spread, or deviation, between the least populated district and the greatest populated district. Deviations of 10% or less are generally considered acceptable under U.S. Supreme Court rulings on equal protection.

Current District Boundaries
Analysis of the City’s current district boundaries, adjusted for the 2020 Census data, shows the districts are no longer population balanced as required by law. District 4 is overpopulated by

12.22% and District 3 is under populated at -8.03% for a combined total deviation of 20.24%. For these reasons, the district boundaries should be adjusted to achieve a population balance of 10% or less. At its last hearing, the City Council considered several alternative maps drawn with the intent to better balance these voting district populations and to better address the Fair Maps Act criteria summarized above.

Maps
The Council-advanced maps (numbered Alternatives 1 and 5B) and accompanying demographic information are attached to this report. The City’s current districts are depicted as follows:

The Fair Maps Act criteria were not in effect when the City Council first drew voting districts in 2018. Perhaps for this reason, the current voting districts are not similarly sized and shaped or compact polygons, but rather their shapes are eccentric and elongated. Although this pattern tracks the general shape of the City itself, it is not a model of compactness. The current map does not include “easily identifiable boundaries” to the extent the new Council-advanced alternatives do.

As indicated above, the City Council directed staff to address the existing map’s vulnerabilities under federal and state voting rights laws due to population imbalance by shifting population from smaller to larger districts. These Council-advanced alternatives each approach this goal differently.

Alternatives 1 and 5B
This is a brief overview of Council deliberations surrounding Council’s advancement of Alternatives 1 and 5B.

In considering these Alternatives, the City Council asked for information relating to the City population that would have their voting opportunity deferred or accelerated as they moved from their existing districts to a new districts (hereinafter “election disruption”). Balancing population deviations of the magnitude required in this case will inevitably result in some election disruption (as much as 20%) as people from smaller districts are moved into larger ones. Nevertheless, to study actual results, the City Council asked its demographic consultant to analyze the election disruption for each of the Alternatives advanced. It is included as Attachment 3 to this report and is summarized below.

Alternative 1
Council advanced Alternative 1 as an option that retains the essence of the current configuration of City voting districts with minimal boundary shifts for population balance. Map 1 has the following characteristics:
• Creates slightly more compact voting districts while still retaining generally the core of existing districts
• Most similar to existing configuration
• Deviation of 1.98%
Alternative 1 creates a deferment for a population of 453 persons as their district skips the 2022 election cycle to the 2024 election. A population of 420 is accelerated from 2024 to 2022. (The impacts on specific districts are shown in Attachment 3.) Alternative 5B
Alternative 5B gives greater prominence to the “compactness” criteria of the Act. Thus, it is facially less likely to suggest that it had gerrymandering as its basis. Its shape represents a better critical mass centered around fewer neighborhoods than the span of several neighborhoods the existing districts represent. This map would be much easier for a lay person to remember and draw. It provides population balance in a smaller area of the City. Map 5B has the following characteristics:
• More evenly divided districts generally, from North to South • All districts become more compact
• Deviation of 0.6%
Because Alternative 5B reconfigures the area of several existing districts, it also included a revised numbering of Council districts and sequencing of district elections in the newly configured and renumbered districts.

The election disruption for Alternative 5B is greater than for Alternative 1. A population of 1,008 has its election deferred from 2022 to 2024; a population of 978 is accelerated.

FISCAL IMPACT
There is no significant fiscal impact anticipated with the adoption of this ordinance.

ENVIRONMENTAL CONSIDERATIONS
Under Public Resources Code section 21065, adoption of this ordinance is not a project subject to the California Environmental Quality Act (CEQA), and, alternatively, adoption of the ordinance is exempt from CEQA under CEQA Guidelines section 15061(b)(3), the general rule that states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. This Municipal Code Amendment does not have the potential to cause a significant effect on the environment.

ATTACHMENTS

1. Ordinance No. 2022-xxx

2. Alternative Maps 1 and 5B

3. Election Disruption Analysis
ATTACHMENT 1
Ordinance No.
2022-xxx
ORDINANCE NO. 2022-xxx
ORDINANCE AMENDING SUBSECTION 1.12.050(B) OF THE BIG

BEAR LAKE MUNICIPAL CODE REGARDING BY-DISTRICT

ELECTIONS TO ADJUST THE BOUNDARIES OF CITY COUNCIL

ELECTION DISTRICTS AND TO CONFIRM SUCH REVISED

COUNCIL DISTRICT BOUNDARIES
WHEREAS, the United States Census Bureau is required by Article I, Section 2, of the United States Constitution to conduct an accurate count of the population every ten years; and WHEREAS, California Elections Code Section 21601 requires that following each decennial federal census, and using that census as a basis, the Council shall, by ordinance or resolution, adjust the boundaries of any or all of the City’s Council election districts to be substantially equal in population as required by the United States Constitution, California Constitution, and the Federal Voting Rights Act. In establishing the boundaries of the districts the Council must give consideration to the following factors in the following priority: (a) contiguity of districts, (b) communities of interest, (c) easy identification of districts through use of natural or artificial boundaries and (d) district compactness; and
WHEREAS, California Elections Code Section 21602 requires that the Council adopt an ordinance establishing Council districts by April 17, 2022; and WHEREAS, on September 27, 2021, the Census Bureau sent 2020 Census data to the State of California with an official population estimate of 5,061 residents for the City of Big Bear Lake; and
WHEREAS, the City Council of the City of Big Bear Lake ("City Council") held four public hearings on October 4, 2021, November 1, 2021, February 7, 2022, and March 7, 2022 where the Council received briefings from the City’s demographic consultant relating to the redistricting process and state and federal redistricting criteria, including the California Elections Code, the Federal Voting Rights Act and the United States Constitution, heard public testimony, and directed staff and the City's redistricting consultant to prepare draft Council district maps for consideration; and
WHEREAS, in addition, City staff conducted public outreach by way of print and digital advertisements, which led to public hearings with public comment on redistricting criteria and communities of interest; and
WHEREAS, at the February 7, 2022 and March 7, 2022 public hearings, the Council received a presentation of draft maps prepared by the City's demographic consultant for compliance with applicable laws and standards and reviewed additional maps submitted by the public; and WHEREAS, at the March 7, 2022 public hearing, the City Council agreed on Map _______, designating it as the preferred map and directed that it be presented to the Council for adoption by Ordinance; and
WHEREAS, at each of the public hearings on redistricting, the Council heard testimony relating to “communities of interest,” which led the Council to reach the following determinations about communities of interest on the preferred map, as required under federal and state law:
(1) The election districts are geographically contiguous, i.e., they are arrayed in a simple and logical form without any islands and with minimal intrusions from the area of one district into another;
(2) To the extent practicable, the preferred map respects the geographic integrity of local neighborhoods and local communities of interest as determined by the Council based on testimony about what constitutes communities of interest in the public’s view;
(3) The election districts are easily identifiable and understandable by residents and form a relatively simple pattern;
(4) To the extent practicable, the election districts are geographically compact, with configurations that are for the most part compact, simple shapes, with nearby populations included in the same districts;
(5) The election districts are balanced in terms of total population and voting age population and are well within the one-person/one-vote deviations permitted under federal and state voting rights laws; and
(6) Although the above criteria could not be met within any election district with a minority-majority district (i.e., a voting district where one distinct minority population is the majority population), the election districts do represent where possible an aggregation in single districts of substantial minority population blocs to enhance the potency of that minority voting voice.

WHEREAS, all information in the staff reports, maps, presentations, Council debate and public testimony referenced above is hereby incorporated into this decision and serves as evidentiary basis for these findings and legislative decision.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE DOES ORDAIN AS FOLLOWS:

SECTION 1. This Ordinance is adopted following four noticed City Council public hearings as required by California Elections Code section 21607.1.

SECTION 2. Subsection 1.12.050(B) (City Council Districts and District Elections) of the Big Bear Lake Municipal Code is hereby amended as provided in Exhibit A.

SECTION 3. City Council elections shall continue to be conducted "by districts" in five districts as set forth in Exhibit A. The term “by district” shall mean election of members of the legislative body by voters of the district alone, as provided in Government Code § 34871(d).

SECTION 4. All ordinances and resolutions, or parts thereof in conflict with this Ordinance are hereby repealed.

SECTION 5. The City Manager is directed to take all necessary steps to give effect to this Ordinance. If necessary to facilitate the implementation of this Ordinance, the City Manager or his or her designee is authorized to make technical adjustments to the election district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Manager shall consult with the City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.

SECTION 6. The City Clerk is hereby directed to provide a certified copy of this Ordinance to the San Bernardino County Registrar of Voters for use in subsequent City of Big Bear Lake City Council Elections.

SECTION 7. Compliance with California Environmental Quality Act. This activity is exempt from environmental review under the California Environmental Quality Act (“CEQA”) (Pub. Resources Code, § 21000 et seq.) pursuant to State CEQA Guidelines, (Cal. Code Regs., tit. 14, § 15000 et seq.) §§ 15061(b)(3), 15320, and 15378(b)(3). The redistricting process is an organizational and administrative activity of the City, does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment, and is therefore not a project for purposes of CEQA. (State CEQA Guidelines, §§ 15061(b)(3); 15378(b)(5).) In the event the transition process does constitute a project, it is categorically exempt under the Class 20 (Changes in the Organization of Local Governments) categorical exemption. (State CEQA Guidelines, § 15320.) None of the exceptions to the exemptions found in State CEQA Guidelines, § 15300.2 apply.

SECTION 8. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance 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 Ordinance or any part thereof. The 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 are declared unconstitutional, invalid, or ineffective.

SECTION 9. Effective Date. This Ordinance shall become effective immediately upon its adoption.

SECTION 10. Publication. The City Clerk shall certify to the adoption of this Ordinance and have a summary of this ordinance published in a newspaper of general circulation within 15 days after its adoption.

PASSED, APPROVED AND ADOPTED THIS 4th day of April, 2022. ________________________
Rick Herrick, Mayor
ATTEST:
________________________
Erica Stephenson, City Clerk

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing Ordinance No. 2022-xxx is a full, true and correct original of Ordinance No. 2022-xxx of the City of Big Bear Lake entitled:

ORDINANCE AMENDING SUBSECTION 1.12.050(B) OF THE BIG

BEAR LAKE MUNICIPAL CODE REGARDING BY-DISTRICT

ELECTIONS TO ADJUST THE BOUNDARIES OF CITY COUNCIL

ELECTION DISTRICTS AND TO CONFIRM SUCH REVISED

COUNCIL DISTRICT BOUNDARIES
was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the Clerk of Said City, all at a regular meeting of the said Council on the 4th day of April 2022, and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California that the foregoing Ordinance No. 2022-xxx was duly and regularly published according to law and the order of the City Council and circulated within the said City.

Erica Stephenson, City Clerk

EXHIBIT A
City Council Amendment to Subsection 1.12.050(B)
B. City Council Districts and District Elections. All five councilmembers shall be elected on a "by-district" basis from the council districts shown and numbered on the map titled City of Big Bear Lake District Map attached as Exhibit A, a copy of which shall be on file in the city clerk's office. In 2018, and every four years thereafter, the following three city council districts shall be elected by-district: District 2; District 3; and District 4. In 2020, and every four years thereafter, the following two city council districts shall be elected by-district: District 1 and District 5. [MAP TO BE PROVIDED HERE]
ATTACHMENT 2
Alternative Maps
1 and 5B

ATTACHMENT 3
Election
Disruption
Analysis
ATTACHMENT 3
Election Disruption Analysis
Option 1
new_districts orig_districts Population Impact
1 1 477 None
1 3 287 Deferment to 2024
1 4 166 Deferment to 2024
1 5 83 None
1 2 0 None
2 2 598 None
2 3 406 None
2 1 0 None
3 4 523 None
3 5 379 Acceleration to 2022
3 3 59 None
3 1 41 Acceleration to 2022
4 4 442 None
4 2 395 None
4 3 175 None
5 5 598 None
5 1 410 None
Option 5B
1 3 433 Deferment to 2024
1 4 330 Deferment to 2024
1 2 245 Deferment to 2024
2 2 353 None
2 3 352 None
2 4 185 None
2 5 115 Acceleration to 2022
3 1 577 Acceleration to 2022
3 5 286 Acceleration to 2022
3 3 80 None
3 4 62 None
4 4 554 None
4 2 395 None
4 3 62 None
5 5 659 None
5 1 351 None

MEETING DATE: March 7, 2022
TO: Honorable Mayor Herrick and Members of the City Council FROM: Frank A. Rush, Jr., City Manager
SUBJECT: City Manager Comments – Item 2.3

RESOLUTION ESTABLISHING ELECTRIC VEHICLE CHARGING FEES AND

APPROVING A MASTER SERVICES AND SUBSCRIPTION AGREEMENT

ACTION TO BE CONSIDERED
The City Council will receive a presentation, conduct a public hearing, and consider a formal resolution adopting electric vehicle charging fees. The proposed resolution would also approve a master services and subscription agreement with ChargePoint, Campbell, CA, for administration associated with the new electric vehicle charging stations. In August 2021, the City Council approved the purchase and installation of electric vehicle charging stations for the Bartlett and Pennsylvania Public Parking lots located near The Village. The stations, which are funded through Air Quality Management Subvention Funds, are due to be installed in March 2022, and will soon be ready for public use. ChargePoint is the largest networked EV station provider within the US with more than 111,000 stations. The proposed service agreement will populate these stations on the ChargePoint app to enable easy location by electric vehicle drivers, and ChargePoint will administer all payment collection on behalf of the City.

RECOMMENDED MOTION(S)
Motion to adopt the Resolution Establishing Electric Vehicle Charging Fees and Approving a Master Services and Subscription Agreement.

RESPONSIBLE STAFF Sean Sullivan, Director of Public Services

ADDITIONAL CITY MANAGER COMMENTS
None.

MEETING
DATE: March 7, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Frank A. Rush, Jr., City Manager
FROM: Sean Sullivan, Director of Public Services
SUBJECT: Resolution Establishing Electric Vehicle Charging Fees and Approving a Master Services and Subscription Agreement

BACKGROUND
In July 2021, the City Council authorized staff to purchase electric vehicle charging stations as a part of the Bear Ready Commercial Program, available through Bear Valley Electric Service, Inc. (BVES). Under the Bear Ready Commercial Program, BVES will provide all necessary electrical infrastructure to support the installation of City furnished EV Charging Stations. Staff has worked to procure electric vehicle charging stations produced by ChargePoint as this vendor is a preferred vendor of the Bear Ready Commercial Program and operates the largest network of public charging stations across the United States. The work is underway on the electrical infrastructure and the charging stations are to be delivered soon with the installation anticipated in March 2022.

Prior to the charging stations coming online and being available for public use there are two remaining items for City Council consideration. First, staff is recommending a subscription agreement with ChargePoint for the ongoing operation, management, and fee collection associated with the charging stations. Also, a rate structure needs to be adopted for the user fees that will be assessed for usage of the charging stations.

DISCUSSION
Staff has been working to procure and install electric vehicle charging stations for public use in two (2) parking lots near to the Village, in the Bartlett and Pennsylvania parking lots. The charging stations are being procured through the Bear Ready Commercial Program, sponsored by BVES, and the remaining expenses are covered through funds provided by the South Coast Air Quality Management District. These programs will fund the initial capital investment for the establishment of these stations. Through this effort, the City will provide for both Level 2 and Level 3 charging stations.

A Level 2 charging station is the typical public charging station, which charges faster than the basic charger that comes with the vehicle, offering 10 to 20 driving miles per hour of charging. A Level 3 charging station, known as a DC Fast Charge station, offers a far larger charging capacity providing for 40 to 50 driving miles for each ten (10) minutes of charging. As planned, this project will install electric vehicle charging stations in both the Pennsylvania and Bartlett parking lots.

The Pennsylvania parking lot will receive two (2) Level 2 chargers, which each includes two (2) charging ports for a total of four (4) charging ports. The Bartlett Parking lot will have one Level 2 station, with two ports, and Level 3 station, with one port. In total, this project will provide six (6) Level 2 charging ports and one (1) Level 3 charging port.

The charging stations are manufactured by ChargePoint and staff is proposing a subscription agreement with ChargePoint for the ongoing operations. ChargePoint is the largest operator of public charging stations across the United States with more than 110,000 units. The agreement with ChargePoint would use their existing software and customer support infrastructure to manage the user interface of these facilities. The ChargePoint app will advertise these stations, and provide real time status and availability, and the user would use the app through their phone to pay the charging fees. A smart phone will be required to access the usage of these stations. The agreement with ChargePoint would not have a direct cost as it is based upon a transaction fee, as outlined below, which will be included in the user fees to be assessed for charging.

There will be a fee assessed for the use of the charging stations. As outlined below, staff is proposing a rate structure for the use of these charging stations that will offset the ongoing electricity costs, ongoing maintenance and operations, and the contract costs associated with operating these systems. The cost for electric vehicle charging use is calculated based upon the duration of stay and energy consumed ($/kWh). ChargePoint recommends using kWh pricing to cover electrical cost and provide revenue to cover ongoing operating costs. Additionally, ChargePoint encourages the establishment of parking fees for vehicles remaining at the station after the charging is completed to encourage turnover of the parking space.

As a part of establishing the appropriate rates and fees related to electric vehicle charging stations, staff has done a survey of stations in the surrounding areas. At present, there are no known publicly accessible charging stations within the Big Bear Valley. Beyond the Big Bear Valley, the mountain communities have publicly accessible charging stations in both Running Springs and Lake Arrowhead. These identified facilities are operated by private entities, not public agencies, and the fees are outlined within the table below. Staff looked beyond the mountains to communities within San Bernardino County for other fee information to review.

Location Operated By Charger Type Base kWH Rate
Lake Arrowhead Private Resort Level 2 -Tesla Free for Guests Running Springs Private Coffee Shop Level 2 $0.26 / kWh Highland Civic Center City of Highland Level 3 $0.35 / kWh San Bernardino Transit Stations SBCTA Level 2 $0.25 / kWh San Bernardino Transit Stations SBCTA Level 3 $0.30 / kWh Loma Linda Medical Center Loma Linda Univ. Level 2 $0.40 / kWh Beaumont Civic Center City of Beaumont Level 3 $0.35 / kWh Various City Facilities City of Rialto Level 2 Free
As shown above, the rates for charging vary based upon the agency who is overseeing the facility but also whether it is a Level 2 or Level 3 charge. Additionally, in reviewing the rate information provided by Bear Valley Electric Service, Inc. (BVES), the electricity service to provide the Level 3 charge will require a demand charge, in addition to the electricity cost. Given these circumstances, staff is proposing a tiered charging fee of $0.25 per kWh for Level 2 charging and $0.40 per kWh for Level 3 charging. As outlined below, the proposed cost structure would include a cost recovery based upon the electricity costs and the ongoing operations and maintenance costs, based upon an estimated baseline level of use.

The rate structure will include the cost of the electricity, network connectivity and warranty costs, a set aside for additional maintenance and service, and a transaction fee for ChargePoint’s administration and fee collection services. The cost of the electricity for these stations will vary as the BVES rates for EV stations are on a time of use billing, which offers different electricity rates at different times of day across the seasons. For the purposes of user ease and consistency of rates, staff has constructed the charging fees based upon the average electricity rate, as appears to be the practice in the surveyed cities. The actual electricity rates are:

Summer Rate Winter Rate
On-Peak $0.18149 On-Peak $0.31446
Off-Peak $0.13612 Off-Peak $0.12704
Super Off-Peak $0.09074 Super Off-Peak $0.09074
Average of All Rates: $0.156765
For the Level 3 Chargers, the demand charges will be approximately $540 per month as they are $9 per kW for the peak demand, which should be 60kW, and this cost will be divided across total Level 3 Usage. The network connectivity and warranty costs are approximately $4,380 annually and will be divided across all charging hours. The additional set aside for maintenance will be 10% of the electricity charges and fixed costs. The ChargePoint transaction fee for administration and collection of user fees would be an additional 10%. As such, the fees are constructed below:

Cost Item Level 2 Charger Level 3 Charger
Cost of Electricity $0.156765 $0.156765
BVES Demand Charges - $0.118356
Network Connectivity/Warranty $0.057163 $0.057163
Maintenance/Operations $0.021392 $0.033228
ChargePoint Transaction Fee $0.023532 $0.036551
Total $0.258852 $0.402063
Actual Fee $0.25 $0.40
In building these fees, City staff utilized information provided from BVES and ChargePoint and made some assumptions as to the actual usage of the chargers. In terms of electrical consumption, a Level 2 charger will utilize 5 kWh per hour of usage and a Level 3 charger will utilize 50 kWh per hour of use. The total estimated annual usage is as follows:

Charger Type Number of Ports Hours Used Per Day kWh per Day kWh per Year Level 2 6 2 60 21,900
Level 3 1 3 150 54,750
Using the estimated total kWh per year, as outlined above, the revenue and expenses for these charging stations is estimated as follows:

Item Level 2 Station Level 3 Station
kWh Charging Rate $0.25 $0.40
Revenue (from above usage) $5,475 $21,900
Electricity Cost (0.156765) ($3,433) ($ 8,583)
Electricity Demand Charges - ($ 6,480)
Network Connectivity/Warranty ($1,251) ($ 3,129)
ChargePoint Transaction Fee ($ 515) ($ 2,001)
Maintenance/Operations Reserve $ 276 $ 1,707
Staff will actively monitor the usage activity of the stations and the ongoing expenses to ensure that they are meeting with the rate structure, as the rates are designed to recover the ongoing maintenance and operations expenses of these facilities. The maintenance and operations reserve will be utilized to fund any additional work, maintenance, repairs, or services that are necessary related to the provision of these electric vehicle charging stations. As these fees will be added to the City’s master fee schedule, they are subject to annual review and adjustment, as with the other City fees, and they will be analyzed routinely to provide for any necessary adjustment.

Beyond the establishment of a fee to recover the operating costs, ChargePoint recommends the establishment of an additional parking fee to encourage turnover of the stations. Typical use of the Level 2 charger will facilitate a full charge in about three (3) hours and the Level 3 charger will facilitate a full charge in less than an hour. Staff is proposing a charging fee of $1 per hour for all vehicles that remain in the charging station parking spots after the charging period. For the Level 2 stations, the fee would be charged each hour after three hours, and for the Level 3 stations, the fee would commence after the first hour. The other cities surveyed also assess parking fees of $1 to $2 per hour under similar terms. The charging and collection of these fees would be done through the ChargePoint agreement as with the charging user fees.

FISCAL IMPACT
The electric vehicle charging station project, which includes the capital and construction expenses, is funded through subvention funds provided by the South Coast Air Quality Management District (AQMD) and some supplemental funding from Measure Y. The fees, as designed, are intended to recover all the ongoing operations and maintenance expenses associated with the charging stations.

Should there be additional, unforeseen expenses or the fees do not recover all the associated costs, the AQMD funds can be utilized to support the ongoing expenses during the first three (3) years that the stations are in service. Any excess revenue will be held to support the ongoing maintenance and operation of these facilities.

ENVIRONMENTAL CONSIDERATIONS
The establishment of user fees are exempt from the California Environmental Quality Act pursuant to CEQA Section 15273 and Public Resources Code Section 21080(b)(8). The approval of a subscription agreement is not subject to environmental review.

ATTACHMENTS

1. Resolution No. 2022-XX

2. Electric Vehicle Charging Stations Fee Study
ATTACHMENT 1
Resolution No.
2022-XX

RESOLUTION NO. 2022-XX

RESOLUTION ESTABLISHING ELECTRIC VEHICLE CHARGING

FEES AND APPROVING A MASTER SERVICES AND

SUBSCRIPTION AGREEMENT
WHEREAS, the City of Big Bear Lake, California, (the “City”) is a municipal corporation and Charter City, duly organized under the constitution and laws of the State of California; and WHEREAS, the City has developed a publicly available electric vehicle charging station program for use within two (2) public City parking lots; and
WHEREAS, there will be ongoing costs associated with these sites including electricity, administration, and other ongoing maintenance and operations expenses; and WHEREAS, the City of Big Bear Lake Municipal Code, Section 3.32, provides that the City may establish fees to recover costs associated with providing services by adoption of a Resolution of the City Council; and
WHEREAS, at least ten (10) days prior to the public hearing associated with the adoption of this resolution, the City made the Fee Study available for public inspection; and WHEREAS, the City published a notice of the public hearing as described above in accordance with Government Code Sections 6062(a) and 66018 and made the Fee Study available for public inspection; and
WHEREAS, the collection of the proposed fees will be reliant upon the approval of a subscription agreement with ChargePoint for the ongoing administration and fee collection associated with the electric vehicle charging stations; and
WHEREAS, the agreement with ChargePoint will be assessed a transaction fee for each transaction, which has been included within the fee structure and Fee Study; and

WHEREAS, the establishment of fees are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15273 and Public Resources Code Section 21080(b)(8).

THEREFORE, BE IT RESOLVED BY the City Council of the City of Big Bear Lake that:

1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

2. The fee for Electric Vehicle Charging shall be assessed as $0.25 per kWh for Level 2 Charging and $0.40 per kWh for Level 3 Charging.

3. A parking fee of $1 per hour shall be assessed for all Level 2 Charging customers after the third (3rd) hour and all Level 3 Charging customers after first (1st) hour.

4. The fees shall be effective on April 1, 2021.

5. The City Manager is authorized to execute a subscription agreement with ChargePoint for the operation, administration, and fee collection associated with these electric vehicle charging stations in a form approved by the City Attorney.

PASSED, APPROVED AND ADOPTED this 7th day of March, 2022.

Rick Herrick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2022-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 7th day of March, 2022 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________
Erica Stephenson, City Clerk
ATTACHMENT 2
Electric Vehicle
Charging Stations
Fee Study
Electric Vehicle Charging Stations
Fee Study
ChargePoint recommends basing the electric vehicle charging fees (fees) based upon a kWh rate. The charge would ultimately cover all costs in a price per kWh of electricity utilized.

Figures demonstrate that a Level 2 charging station utilizes about 5 kWh of electricity per hour of use and a Level 3 station utilizes about 50 kWh per hour of use. For purposes of establishing baseline usage, on which the fee will be built, we figure that the Level 2 chargers will be in use an average of 2 hours per day and the Level 3 chargers will be in use an average of 3 hours per day. Using these assumptions, the annual kWh usage for these stations is:

Charger
Type
Number of
Ports
Hours Used
Per Day
kWh per Day kWh per Year % of Usage
Level 2 6 2 60 21,900 28.6%
Level 3 1 3 150 54,750 71.4%
Totals 7 15 76,650
The costs associated with the electric vehicle charging include electricity, including demand charges for the Level 3 stations, network connectivity and warranty charges, a set aside for ongoing maintenance and operations, and a transaction fee assessed by ChargePoint for administering the stations and collecting the fees.

Electricity
The electricity rates for EV charging stations are provided by Bear Valley Electric Service, Inc. on a time of use rate structure. This means that the rates may vary based upon the time of day and the seasons. For the purposes of user ease and consistency of rates, staff has constructed the charging fees based upon the average electricity rate, as appears to be the practice in the surveyed cities. The actual electricity rates are:

Summer Rate Winter Rate
On-Peak $0.18149 On-Peak $0.31446
Off-Peak $0.13612 Off-Peak $0.12704
Super Off-Peak $0.09074 Super Off-Peak $0.09074
Average of All Rates: $0.156765
Demand Charges
Pursuant to BVES’ rate structure, any accounts where the peak demand, at any given time in an hour, is greater than 20 kW in an hour, that account is subject to a demand charge of $9 per kW.

The specifications for the Level 3 charger indicate that the peak demand of these units will be 60 kW. As such, the rate structure will account for demand charges for the Level 3 Charging.

Demand Charge $9 per kW per month
Anticipated Demand 60 kW
Monthly Demand Charge $540
Annual Demand Charge $6,480
Network Connectivity and Warranty Charges
Under an agreement with ChargePoint, the City will have ongoing operations and maintenance expenses. A Network Connectivity fee of $1882 will be assessed, annually, to keep all of the units connected, via a cellular connection, to ChargePoint’s network. This will allow the user interface to work and for the fees to be collected. Additionally, there will be a warranty charge of $2,500 annually, which will cover any necessary repairs to the facilities, including damage.

The total annual expenses for network connectivity and warranty are $4,382. These expenses should be applied to all usage and transactions equally.

Operations and Maintenance Set Aside
The proposed fee structure will include an additional 10% as an operations and maintenance set aside to fund any additional expenses or operating needs that are not covered in the electricity bill or ChargePoint warranty. These needs may include site maintenance or repairs to the area surrounding the stations, advertising and information services for the stations, or other related expenses. The 10% will be built upon the electricity and network connectivity / warranty expenses.

ChargePoint Transaction Fee
In addition to the network connectivity costs, the only fees due to ChargePoint for the administration and fee collection services associated with these stations is a transaction fee.

ChargePoint assess a 10% transaction fee and recommends that it be included within the assessed charging rates.

Given the demand charges that are assessed only to the Level 3 charging, as well as staff’s review of other agencies demonstrating a precedent for the Level2 and Level 3 to be charged differently, the City is proposing separate rates for the Level 2 and Level 3 Charging.

The proposed rate structure is built as follows:

Cost Item Level 2 Charger Level 3 Charger
Electricity – Actual (average rate) $0.156765 $0.156765 BVES Demand Charges
$6,480 annual / 54,750 annual kW
- $0.118356
Network Connectivity/Warranty
$4,382 annual / 76,650 kW
$0.057163 $0.057163
Maintenance/Operations Set Aside
10% of above costs
$0.021392 $0.033228
ChargePoint Transaction Fee
10% of total costs
$0.023532 $0.036551
Total $0.258852 $0.402063
Actual Fee $0.25 $0.40
Staff recommends rounding the fees off to $0.25 and $0.40 respectively.

Year 1 Estimated Revenue and Expenses
Using the estimated usage, the anticipated expenses, and the fee schedule as designed, staff anticipates the following revenue and expenses.

The Level 2 Chargers will be in use an average of 12 hours per day (6 handles at 2 hours each).

The Level 3 Charger will b in use an average of 3 hours per day (1 handle, 3 hours).

Total Usage
Charger
Type
Hours Used
Per Day
kWh per Hour kWh per Day kWh per Year % of Usage
Level 2 12 5 60 21,900 28.6%
Level 3 3 50 150 54,750 71.4%
Totals 76,650
Item Level 2 Station Level 3 Station
Total kWh Revenue Hours 21,900 54,750
kWh Charging Rate $0.25 $0.40
Revenue (from above usage) $5,475 $21,900
Electricity Cost (0.156765) ($3,433) ($ 8,583)
Electricity Demand Charges - ($ 6,480)
Network Connectivity/Warranty ($1,251) ($ 3,129)
ChargePoint Transaction Fee ($ 515) ($ 2,001)
Maintenance/Operations Reserve $ 276 $ 1,707

MEETING DATE: March 7, 2022
TO: Honorable Mayor Herrick and Members of the City Council FROM: Frank A. Rush, Jr., City Manager
SUBJECT: City Manager Comments – Item 3.1

RESOLUTION AMENDING CITY COUNCIL RULES OF ORDER

ACTION TO BE CONSIDERED
City Council will consider a formal resolution amending various provisions in the Rules of Order per City Council’s direction to staff during the February 25, 2022 Special City Council Meeting. The proposed amendments are modeled after the Rules of Order utilized by the City of Victorville, and incorporate various other provisions from the most recent version of the City of Big Bear Lake Rules of Order adopted in November 2021.

RECOMMENDED MOTION(S)
Motion to adopt the Resolution Amending City Council Rules of Order.

RESPONSIBLE STAFF Erica Stephenson, City Clerk / Director of Human Resources

ADDITIONAL CITY MANAGER COMMENTS
None.

MEETING
DATE: March 7, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Frank A. Rush, Jr., City Manager
FROM: Erica Stephenson, City Clerk/Director of Human Resources SUBJECT: Resolution Amending City Council Rules of Order

BACKGROUND
Per the City’s Municipal Code, the City Council’s Rules of Order document establishes various policies and procedures, and shall be adopted by resolution and amended from time to time as needed. The Rules of Order were recently reviewed by the City Council at a Special Meeting held on February 25, 2022.

DISCUSSION
At that Special Meeting, Council reviewed the City’s current Rules of Order and the City of Victorville’s comprehensive City Council Policy and Procedures Manual. After Council’s discussion and consideration of both policies, Council directed staff to update the Council’s Rules of Order using Victorville’s policy as the primary document and inserting the Big Bear Lake’s current practices/procedures if they weren’t already noted in Victorville’s comprehensive policy.

The City Manager, City Clerk, and City Attorney believe we have drafted this Rules of Order revision per Council’s direction, however, Council should modify the draft language in any way that more clearly defines Council’s collective ideas related to this governing Policy.

FISCAL IMPACT
There is no fiscal impact associated with the adoption of this resolution.

ENVIRONMENTAL CONSIDERATIONS
None requiring review under the California Environmental Quality Act (CEQA).

ATTACHMENT

1. Resolution No. 2022-XX
ATTACHMENT 1

RESOLUTION NO. 2022-XX

RESOLUTION AMENDING CITY COUNCIL

RULES OF ORDER
WHEREAS, the City Council is mindful of certain basic rights of due process, the need to address issues with equity and fairness, and the requirement to afford equal protection of the law; and WHEREAS, the City Council has a duty to proceed with the business of government in an professional, efficient and orderly fashion; and
WHEREAS, the City’s Charter requires that the City Council adopt Rules of Order to govern the conduct of its meetings and other related functions; and WHEREAS, the City Council seeks to add new guidance to the Rules of Order; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Big Bear Lake that:

1. The City Council hereby rescinds Resolution No. 2021-135.

2. The City Council hereby adopts the attached Rules of Order (Exhibit 1).

PASSED, APPROVED AND ADOPTED this 7th day of March, 2022.

Rick Herrick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2021-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 7th day of March, 2022 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
City of Big Bear Lake
City Council Policy, Procedures, and Rules of Order Manual Adopted by the Big Bear Lake City Council
by Resolution No. 2022-XX on March 7, 2022
EXHIBIT 1

TABLE OF CONTENTS
TABLE OF CONTENTS i
CHAPTER 1 - INTRODUCTION AND PURPOSE 1
CHAPTER 2 - ROLE OF CITY COUNCIL 2
CHAPTER 3 - COUNCIL MEETINGS 10
CHAPTER 4 - AGENDA 18
CHAPTER 5 - MEETING RULES OF CONDUCT AND DECORUM 20
CHAPTER 6 - ADMINISTRATIVE MATTERS 30
CHAPTER 7 - RELATIONSHIP AND CONDUCT 33
CHAPTER 8 – COMMUNICATION AND REPRESENTATION 37
CHAPTER 9 - COMMISSIONS, COMMITTEES AND BOARDS 41
CHAPTER 10 - ENFORCEMENT 44
-i-
Chapter 1
1 CHAPTER 1 - INTRODUCTION AND PURPOSE
I. PURPOSE OF MANUAL
A. Compile, Revise and Adopt Rules and Policies. By adopting this Policy, Procedures and Rules of Order Manual (“Manual”), the City Council of the City of Big Bear Lake (the “City Council” or “Council”) hereby establishes updated Rules of Order for the preparation of its agendas, conduct of its meetings, and transaction of other City Business. In addition, by adopting this Manual, the City Council further compiles, consolidates, updates, and supersedes any prior related Council Policies, Resolutions, rules, and administrative procedures that have been formally adopted by the City Council addressing the subject matter and/orthe topics discussed herein.

B. Provide Standards and Guidance. The purpose of this Manual is to set a standard of professionalism for the conduct of the City Council’s business. Big Bear Lake has a long and proud tradition of open government and civil, intelligent public discourse. This Manual is intended to enhance public participation and Council debate so that the best possibledecisions can be made for Big Bear Lake. While attempting not to be overly restrictive; procedures, policies, and codes of ethics and conduct are being established and/or clarified so that expectations and practices are clearly articulated to guide City Councilmembers in their day-to-day conduct and actions.

C. Ease of Reference. Having the majority of the rules, procedures, practices and policies (hereinafter collectively “Rules”) of the Big Bear Lake City Council consolidated and contained in a single, easily-accessible document will clarify expectations and responsibilities and will streamline the conduct of meetings and other City Council business in the public interest.

II. EFFECTIVE DATE AND PERIODIC REVIEW/UPDATE OF MANUAL A. Effective Date. The Rules contained in this Manual shall be in effect immediately upon their adoption by City Council resolution, and shall remain in effect until such time as this Manual is amended and new Rules are adopted and/or updated by City Council resolution.

B. Periodic Review. This Manual will be reviewed on an as needed basis, and revised by City Council Resolution if and as needed.

Chapter 2
2 CHAPTER 2 - ROLE OF CITY COUNCIL
I. OVERVIEW
A. City Council Acts as a Body. One of the fundamental tenets of city governance is recognizing that the City Council acts as a body. No individual Councilmember has extraordinary powers beyond those of other members. Although the Mayor and the Mayor Pro Tempore (“Pro Tem”) have additional ceremonial, parliamentary and administrative responsibilities as described below and elsewhere in this Manual, with respect to the establishment of policies, voting, and in other significant areas, all members are equal.

B. Establishment of City Policy. City Policy is established, and direction is given to City staff by a majority vote of the Council. Neither the Mayor nor the Mayor Pro Tem has veto power or any other policy-making authority beyond that of the other Councilmembers.

C. Decisions of Majority of Body Binding on City Council. While individual Councilmembers may disagree with decisions of the majority, a decision of the majority does bind the City Council to a course of action and provides City staff with clear direction to follow. Similarly, City staff is responsible to ensure that the policy set by the City Council is implemented and upheld consistent with the wishes of the majority. Implementation of City Council policy by staff does not reflect a bias against Councilmembers who held a minority opinion on an issue.

II. COUNCIL ELECTION AND GOVERNANCE
The City of Big Bear Lake is governed by a five-member City Council elected by-district to four-year terms on a staggered basis. Councilmembers are elected in the general election in November of even-numbered years. The Mayor and Mayor Pro Tem will be appointed by a majority vote of the entire membership of the City Council. The City Council shall appoint the Mayor and Mayor Pro Tem for one-year terms at the first regular meeting in December of every year or as soon thereafter as feasible and, when applicable, following the certification of election results and seating of new City Councilmembers. The newly-appointed Mayor and Mayor Pro Tem assume their positions immediately following the majority vote. Prior to this meeting, the Council and Council-elect (in even numbered years) will be invited to participate in a regularly scheduled or special meeting in November to provide each Councilmember and/or Councilmember-elect the opportunity to express their interests in becoming the Mayor or Mayor Pro Tem and/or in participating in various committees and agencies.

The nomination and appointment procedure for the offices of Mayor and Mayor Pro Tem shall be conducted in successive order and as shown below.

1. The City Clerk opens nominations.

2. The City Clerk receives up to one nomination per Councilmember until no further nominations are forthcoming. Seconds are not required.

Chapter 2
3 3. The City Clerk closes nominations.

4. The City Clerk calls on each Councilmember to cast by verbal vote the name of his/her nominee of choice.

5. The City Clerk announces the outcome of the vote and declares the appointment upon a majority vote of the full membership.

6. If an appointment is not confirmed, the City Clerk repeats the foregoing procedure once more on the prospect of the City Council reaching agreement.

The newly-appointed Mayor shall preside over the process for the office of Mayor Pro Tem, unless he/she prefers the City Clerk facilitate the appointment.

Should the City Council be unsuccessful in its appointment efforts, whether it be by insufficiency of votes or failed action pursuant to Chapter 5, Section R, Tie Votes, the item shall be reconsidered during the next regular City Council meeting in expectation of securing the requisite consensus of the full body. If such consensus is not gained after the second consecutive Council meeting during which one or more appointments were considered, the sitting Mayor and/or Mayor Pro Tem, as applicable, shall remain in office until the next annual organizational meeting.

III. ROLE AND DUTIES OF MAYOR
A. Official Ceremonial Head of City. The Mayor is recognized as the official head of the City for all ceremonial purposes and shall perform such other duties consistent with the office as set forth in this Manual and as may be delegated to the Mayor bymajority vote ofthe City Council.

B. Presiding Officer. The Mayor is the Presiding Officer at all meetings of the City Council and acts as the chair. In this role, the Mayor has authority and discretion

1. to preserve order at all Council meetings by facilitating the effective conduct of business during meetings and assisting, when deemed necessary, fellow Councilmembers in understanding their roles and responsibilities in municipal governance;

2. to enforce (or cause to be enforced) the Meeting Rules of Conduct and Decorum as set forth in Chapter 5 of this Manual;

3. to determine the order of business at meetings of the City Council; and

4. to require any person addressing the City Council to be sworn as a witness and to testify under oath when, for example, testifying in judicial or quasi-judicial proceedings. The Mayor or other Presiding Officer shall also require such swearing-in if directed to do so by a majority of the Council.

C. External Communication of Policy. The Mayor isto faithfully communicate the position of the Council majority in matters of policy.

Chapter 2
4 D. Seating Arrangement for City Council. The Mayor assumes the center chair on the dais and oversees the seating location of the other Councilmembers at all meetings of the Council, in council chambers or elsewhere. The Mayor will, following each Council election of officers and at such other times as the Mayor deems it necessary, establish the seating arrangement of the Councilmembers. The Mayor Pro Tem will always be seated immediately next to the Mayor.

E. Signing Documents. The Mayor, whenever available, shall sign all ordinances, resolutions and other documents that have been adopted and authorized by the City Council and require an official signature. However, the City Manager or another City official may sign certain documents when so authorized by Council action and/or the provisions of the Big Bear Lake Municipal Code.

F. Absence of Mayor. In the absence ofthe Mayor,the Mayor Pro Temperforms the duties of the Mayor, including acting as the Presiding Officer at meetings. When both the Mayor and the Mayor Pro Tem are absent from any meeting of the Council, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Councilmembers present to serve until the arrival of the Mayor or Mayor Pro Tem, or until adjournment, whichever comes first.

G. New Councilmember Orientation. The City Manager will lead, with assistance from the City Attorney and City Clerk, new Councilmember orientations to provide a comprehensive overview of City operations, policies, ordinances, applicable State law, current projects, and current initiatives.

IV. ROLE AND DUTIES OF ALL COUNCILMEMBERS
A. Annual Review of Residency
Government Code Section 36052(a) requires Councilmembers of this City to maintain a legal residence or domicile within the City of Big Bear Lake and rules regarding residency are further discussed in Section 243 and 244 of the Government Code. To properly ensure compliance, Councilmembers shall be required to certify with the City Clerk annually at a Council meeting in December, their residency or domicile within the City of Big Bear Lake.

B. Advance Preparation for Meetings.

1. Prior Review of Agenda Materials. Prior to attending Council and committee meetings, study sessions and/or workshops, Councilmembers shall read or otherwise familiarize themselves with each agenda and supporting documentation for the items thereon.

2. Seek Prior Clarification of Agenda Materials. In respect for everyone’s time and to help ensure that individual Councilmembers may be equipped to make informed decisions, do his/her best work, and move meetings forward in a meaningful way, it is incumbent upon each Councilmember to promptly seek answers to questions he/she may have about the posted agenda items and agenda-package materials for the immediately pending meeting. Toward fulfilling these objectives, Councilmembers should seek the aforementioned assistance from the City Manager, City Attorney, or City Clerk as soon as Chapter 2
5 possible afterreceipt of the agenda package and prior to the meeting to which the agenda package relates. The City Manager may delegate specific City staff to respond to questions, as may be helpful to the Councilmember and/or City Manager.

3. Avoid Unfair Surprise. Councilmembers should advise the City Manager in advance of issues or questions they intend to bring up at a public meeting. This refers to issues and questions that City staff would not normally anticipate or have researched for that particular meeting.

4. Report Possible Absences. Each Councilmember shall report immediately to the Mayor, City Manager, and City Clerk any likelihood of absence in order to ensure the most effective facilitation of City Council meetings. Any member of the Council not in attendance at a Council meeting shall be noted as “absent”. Such absences shall be considered unexcused, unless the City Council formally excuses an absence by a majority vote, in which case the absent member of the Council shall be noted as “excused”.

C. Council Vacancies. Whenever a vacancy occurs in the office of City Councilmember, the City Council will fill the vacancy by appointment or special election in accordance with the procedures set forth in Government Code section 36512 or the provisions of Municipal Code Section 2.08.040 adopted by the City Council. If a vacancy is to be filled by appointment, and in order that the Council may select the candidate best suited to the position, the City shall initiate an application and interview process which shall be robust, uniform, and free from the appearance of impropriety. Except for official communication with the City Manager’s office, which includes the City Clerk, all contact between Councilmembers and candidates regarding the appointment process and/or potential appointment is restricted to a formal interview process during a public meeting. Any candidate who violates this protocol may be excluded from appointment.

D. Leadership, Goals, and Policy; Ex-Officio Roles of the City Council.

1. Leadership, Goals, and Policy. City Councilmembers are elected to provide leadership in setting goals and in formulating policies. The City Council is the focal point for identifying and interpreting the wishes of the citizens and translating these into specific programs.

Successful goal setting and policy formulation largely depend on a good working relationship amongst the Council and between the Council and the administrative staff.

Under the City Manager’s direction, staff can provide assistance in analyzing the City’s needs, suggesting action programs, and calculating the costs of proposals. However, the Council has the final responsibility for establishing local policies and determining services and budget levels appropriate for the City.

2. Ex-Officio Roles. The City Council also serves as the Boards for the City of Big Bear Lake Fire Protection District, Big Bear Lake Fire Authority, and the Successor Agency to the Big Bear Lake Improvement Agency. References made in this Manual to the City Council also include the Council when acting in it its roles as the Boards of the aforementioned entities.

E. Engaging in Legislative and Quasi-Judicial Decisions/Acts. Almost all actions or decisions made by the City Council fall into one of two categories: legislative or quasi-judicial.

Chapter 2
6 1. Legislative. These actions/decisions formulate rules to be applied to all future cases.

Examples include, but are not limited to: adoption and amendments to municipal codes, general plans,zoning codes, and personnel regulations. These actions are generally taken by ordinance or resolution.

2. Quasi-Judicial. While legislative actions establish public policy and rules applicable to groups of property or people, quasi-judicial proceedings affect individual properties or parties. Quasi-judicial proceedings involve the application of established standards to individual facts to determine specific rights or to take specific actions under existing law.

3. Due Process. The distinction between these two types of acts/decisions comes into play in the due process afforded to parties (particularly in the public and appeal hearing context), as explained in more detail in Chapter 3, Section VI of this Manual.

F. Issuing Subpoenas. Pursuant to Government Code section 37104, the City Council may issue subpoenas to require attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before the Council. The form of oaths administered by the City Clerk will be substantially in the following form:
<Name of affiant>
“I hereby declare or affirm under penalty of perjury that the testimony I am about to give before the City Council is the truth.”
G. Handling Concerns or Complaints from the Public and Staff. Councilmembers shall function within their established roles when listening to concerns or complaints from the public and staff. While it is important to be available when issues arise, Councilmembers shall abide by uniform procedures to ensure matters are handled expeditiously and everyone is treated respectfully and fairly. Councilmembers shall remain neutral when receiving reports, conveying that they have no individual authority to resolve issues and further recognizing that only one side of the story is being heard. Councilmembers shall adhere to their policy role pursuant to Chapter 2 of this Manual, being certain not to interfere with the administrative functions of the City or the professional duties of City staff. The same level of care must be exercised when responding to emails as is described for personal interactions.

Councilmembers shall use the following procedures when handling concerns or complaints:

1. Receive - Listen to what the person has to say without preparing a response.

2. Repeat - Paraphrase or ask a question to clarify for understanding. Ask the person to identify those to whom s/he has spoken about the matter prior to contacting a Councilmember.

3. Request - Ask what the person would like the Councilmember to do with the information and/or what is seen as a solution to the problem.

4. Review - Indicate that the information will be shared with the City Manager in order that the City Manager or his or her designee may be able to provide a response or additional information as may be necessary.

Chapter 2
7 V. CODE OF ETHICS FOR COUNCILMEMBERS
A. Intent and Purpose. To assure public confidence in the integrity of local government and its effective and fair operation, this Code of Ethics provides a framework for day-to-day actions and decision-making by Councilmembers and represents a commitment to uphold a standard of integrity beyond that required by law. The citizens and businesses of Big Bear Lake are entitled to a fair, ethical, and accountable local government that has earned the public’s full confidence for integrity. To ensure the effective functioning of democratic government, the City Council requires each of the following:

1. Public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government.

2. Public officials be independent, impartial, and fair in their judgment and actions.

3. Public office be used for the public good, not for personal gain.

4. Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.

B. Principles and Standards. The principles and standards of ethical conduct for Big Bear Lake City Councilmembers are hereby established as set forth below.

1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, Councilmembers will work for the common good of the people of Big Bear Lake and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Big Bear Lake City Council.

2. Comply with the Law. Councilmembers shall comply with the laws of the nation, the State of California, and the City of Big Bear Lake in the performance of their public duties. These lawsinclude, but are not limited to: the United States and California Constitutions, the Big Bear Lake City Charter, the Big Bear Lake Municipal Code, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, open government, and City ordinances and policies.

3. Councilmember Conduct. The professional and personal conduct of Councilmembers must be above reproach and avoid the appearance of impropriety. While it is understood that Councilmembers enjoy First Amendment rights, they shall practice civility and decorum in discussions and debate, and refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of the Council, boards, commissions, staff, or the public that is intended to disrupt and not further the City's business.

4. Respect for Process. Councilmembers shall perform their duties in accordance with the processes and Rules of Order established by the Council governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the Council by City staff.

Chapter 2
8 5. Decisions Based on Merit. Councilmembers shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.

6. Conflict of Interest. In order to assure their independence and impartiality in the City’s best interest, Councilmembers shall not use their official positions to influence decisions in which they have a conflict of interest.

7. Gifts and Favors. Councilmembers shall follow the laws that apply to the acceptance of gifts or favors as a public official.

8. Use of Title. Councilmembers may use their title only when conducting official City business, for informational purposes, or as an indication of background and expertise.

Individual Councilmembers must be careful not to: 1) exceed or appear to exceed his/her authority, 2) use his/her position to influence others unduly or, 3) use his/her title to improperly gain leverage or preferential treatment.

9. Confidential Information. Councilmembers shall respect the confidentiality of information concerning the property, personnel, or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests.

10. Use of Public Resources. Councilmembers shall not use public resources, such as City staff time, equipment, supplies, or facilities, for private gain or personal purposes.

11. Advocacy. Councilmembersshall represent the official policies or positions of the Council to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, Councilmembers shall explicitly state they do not represent the opinion of the entire Council.

12. Positive Workplace Environment. Councilmembers shall support the maintenance of a positive and constructive workplace environment for City employees, private citizens, and businesses dealing with the City. Councilmembers shall recognize their role in individual dealings with City employees. Councilmembers shall not be immune to potential liability and/or legal proceedings by City employees when the rights of such employees who are acting within the scope of their employment have been infringed upon or violated by Councilmembers.

13. Policy Role of Councilmembers. Councilmembersshall respect and adhere to the CouncilManager structure of Big Bear Lake City government. In this structure, the City Council determines the policies of the City with the advice, information, and analysis provided by the public, boards, commissions, and City staff. Councilmembers shall not interfere with the administrative functions of the City or the professional duties of City staff, nor shall they impair the ability of staff to implement Council policy decisions.

14. Enforcement. Councilmembers have the primary responsibility to ensure that this Code of Ethicsisfollowed so the public may have full confidence in the integrity of government.

Although this Code of Ethics and Conduct is intended to “be self-enforcing” and will be Chapter 2
9 most effective when Councilmembers are thoroughly familiar with and embrace its provisions, City Councilmembers who intentionally and/or repeatedly do not follow proper conduct may be subject to an informal reprimand (a statement of disapproval) or formal censure as set forth in Chapter 10 of this Manual.

C. Norms and Protocols.
1) We conduct ourselves in a
professional manner.
2) We respect open government.
3) We value civil, intelligent public
discourse.
4) We seek to be efficient in our
meetings.
5) We treat all members of the
public with respect.
6) We understand our role in
contributing to a positive
workplace environment.
7) We respect the CouncilManager form of government,
and Councilmembers do not
interfere with the role of the
City Manager or any
professional duties of City staff.
8) We keep confidential matters
confidential.
9) We know that a good working
relationship between Councilmembers
and with staff fosters good goal setting,
policy making and service delivery.
10) We understand that the Council acts as a
body, all members are equal, and policy
direction is only given by a majority vote
of the Council.
11) We understand that staff is obligated to
implement decisions made by the
Council, even if one of us doesn’t agree
with the Council’s decision.
12) We are prepared for Council meetings
and ask our questions ofstaff in advance
so we can avoid surprising staff at the
meetings. We know this is good
teamwork.
13) We act with high integrity in all matters
and follow our code of ethics.

Chapter 3
10 CHAPTER 3 - COUNCIL MEETINGS
I. REGULAR MEETINGS
A. Regular meetings of the Council shall be held in accordance with the schedule outlined in the Municipal Code and the adopted regular meeting calendar. All Regular Meetings shall adjourn by 10:00 pm unless a majority of the City Council votes to continue the meeting past the fixed time of adjournment. Any motion to extend the meeting beyond 10:00 pm shall include a list of specific Agenda items to be considered and shall specify in which order these items shall be handled. Any Agenda items not considered prior to 10:00 pm and not included in a motion to extend the meeting shall automatically be continued for consideration at the next regularly scheduled City Council meeting.

The annually approved meeting schedule will include regular City Council meetings held on the first and third Monday of each month except when there are City observed holiday conflicts or other holiday related scheduling considerations. When the Meeting Calendar allows for Council to hold a second regular monthly meeting, that Agenda will be tailored specifically for Council to participate in focused discussions related to significant City issues, initiatives, and other important time-sensitive topics, in more of a workshop format.

All Regular Meetings of the City Council will be broadcast live on a local cable channel and on the City’s website, except in rare instances when unforeseen scheduling or technical issues may arise.

B. Compliance with Ralph M. Brown Act. To ensure that the deliberations and actions of the City Council are conducted openly and to ensure meaningful public participation, all meetings of the of the City Council shall be held in compliance with the provisions of the Ralph M. Brown Act, Government Code Section 54950 et seq. (the “Brown Act”).

II. SPECIAL, WORKSHOP AND CLOSED SESSION MEETINGS
A. Special/ Workshop Meetings. Special meetings and workshops are meetings of the Council held on special orirregular dates and may be called by three or more members of the Council or by the Mayor. The City Clerk shall prepare and mail, personally deliver, or deliver by any other means that ensures receipt, to each member of the City Council, and to each local newspaper and radio that has requested notice in writing at least 24 hours before the time of the meeting, a notice of special meeting stating time, place, and business to be transacted.

Only matters set forth in the notice of the meeting shall be discussed at such meeting and no ordinance (other than urgency ordinances) may be adopted. In the event of conflict between this paragraph and the provisions of Section 54956 of the Government Code governing special meetings, the latter section shall prevail.

All Special Meetings of the City Council will be broadcast live on a local cable channel and on the City’s website, except in rare instances when unforeseen scheduling or technical issues may arise.

Chapter 3
11 B. Closed Session Meetings. The City Council may hold closed sessions during any regular or special meeting, or any time otherwise authorized by law, to consider or hear any matter that is authorized by State law. The City Council shall exclude from any such closed session any person or persons who it is authorized by State law to exclude from such closed sessions. The general subject matter for consideration shall be shown in the agenda posted for such session pursuant to the procedures set forth in the Brown Act. The City Attorney makes reports following Closed Sessions in accordance with the Brown Act.

III. CANCELLATION OF MEETINGS
A. Cancellation of Meetings. Any regular or special meeting of the Council may be cancelled in advance by a majority vote of the Council during a prior meeting of the Council. The Mayor may cancel a meeting in the case of an emergency or when a majority of members have advised the Mayor, City Attorney, City Clerk and/or City Manager of their unavailability to attend a meeting. The City Manager may cancel a meeting when he/she determines there is no business to be conducted at the meeting. Appropriate notices will be provided. Written notice of cancellation shall be given to each Councilmember and further shall be posted and distributed to the same parties and in the same manner as the agenda for regular meetings.

IV. MEETING MINUTES
A. As An Official Record. The official action minutes of the City Council will be kept by the City Clerk in a minute book with a record of each particular type of business transacted set off in paragraphs with proper sub-heads. The City Clerk shall be required to make a record only of such business as was actually passed upon by a vote of City Council and shall not be required to record any remarks of any member of the City Council or of any other person. Names or persons addressing the City Council, the title of the subject matter to which their remarks related, and whetherthey spoke in support of orin opposition to such mattershall be entered in the minutes.

B. Recordings. The City Clerk will electronically record all regular City Council meetings, with the exception ofclosed sessions, and will retain the video recordings per the City’s Records Retention Schedule. At his/her discretion, the City Clerk may retain video recordings for a longer period.

C. Distribution of Minutes. As soon as possible after each meeting, the City Clerk shall furnish a copy of the minutes to each Council member, the City Manager, each Department Head, and any other individuals designated by the City Clerk or City Manager.

D. Reading of Minutes. Unless the reading of the minutes of a Council meeting is requested by a member of the Council, the minutes may be approved without reading if the City Clerk has previously furnished each member of the Council with a copy thereof.

E. Approval of Minutes. Minutes may be approved by placement on the Consent Calendar. All Council members may vote on such approval, even if they were absent from the applicable meeting.

Chapter 3
12 V. CONDUCT OF BUSINESS
A. Generally. The order of business for a Council Meeting is generally shown on the agenda in the order set forth in Section (B), below, but may be modified (i.e. Mayoral appointment meeting) when necessary on a case-by- case basis by the Mayor on his/her own prerogative or by the City Manager, as the Mayor may deem appropriate.

B. General Order of Agenda Items of Business for Council Meetings. • Open Session
• Closed Session Public Communications
• Closed Session
• Open Session
• Call to Order
• Pledge of Allegiance
• Invocation
• Roll Call
• Results of Closed Session
• Presentations
• Public Communication
• Consent Calendar
• Items Removed from the Consent Calendar
• Public Hearings
• Discussion/Action Items
• Comments, Announcements & Additional City Business
• Adjournment
VI. DESCRIPTION/EXPLANATION OF PURPOSE OF CERTAIN AGENDA ITEMS A. Public Comment Periods. Depending on the meeting, these periods are provided at the start of the Closed and Regular Sessions and prior to Council’s consideration of agenda items to satisfy the requirements of the Brown Act. These periods provide the ability for members of the public to address the Council on items appearing on the agenda or on other matters of interest within the jurisdiction of the City Council that do not appear on the agenda.

1. Restrictions. Public Comment Periods should not be utilized by Councilmembers to the extent said use impinges upon and/or diminishes the time allotted for other members of the public to speak, unless a Councilmember has recused himself/herself from participating in a decision of the Council on a particular agenda item for a financial or other conflict of interest and further is exercising a right to speak as a member of the public regarding an applicable personal interest under the conditions specified in sections 18707(a)(3)(C) and 18704(d)(2) of the regulations of the Fair Political Practices Commission (“FPPC”).

2. Reasonable Time, Place, and Manner Limitations. Time and other reasonable limitations may be placed on these comment periods as more particularly described in Chapter 5, Section III of this Manual.

Chapter 3
13 B. Appeal Hearings. Certain decisions made by the City’s Planning Commission, the City Manager, department directors, and/or hearing officers (as specified in the City’s Municipal Code or other applicable law) can be appealed to the City Council. Such decisions usually involve quasi-judicial matters, i.e., granting or denying of permits/licenses or other entitlements.

1. Quasi-Judicial Decisions. If a quasi-judicial appeal is at issue, the City Council must follow stricter procedural requirements similar to those used in a court. (“Quasi-judicial” means court-like.) Fair hearings and impartial decision-makers are required. Quasi-judicial hearings must be conducted in accordance with the principles of due process. When the City Council is acting as the decision-making body in quasi-judicial hearings, Councilmembers must refrain from testifying as members of the public, as such participation absent a recusal from the decision could impair due process and create conflicts of interest.

2. Other Public Hearings. Public hearings held prior to adoption of ordinances or other legislative/policy matters can follow less strict standards.

C. Public Hearings. In general, a public hearing is an open consideration within a regular meeting of the City Council, for which special notice has been given and may be required. During a specified portion of the hearing, residents or concerned members of the public are invited to present protests or offer support for the matter under consideration, subject to reasonable time and other limitations.

1. When Required. Public hearings may be required on certain items as prescribed by the Big Bear Lake Municipal Code and/or state and federal law. Some examples of when public hearings are generally required include: zoning changes, some annexations, development code amendments, introduction and first reading of ordinances, and increases of City fees and charges for utilities and other services.

2. Cancellation and Continuances for Hearings Set by Council. Public hearings set by the City Council may be cancelled by a majority vote of the City Council or at the request of the City Manager or City Attorney for good cause. If needed, cancelled public hearings shall be re-noticed in accordance with applicable law. The City Council may also open a public hearing at a meeting, take testimony, leave such hearing open, and continue it to a date certain without re-noticing, upon a majority vote of the City Council, or by the Mayor at the request of the City Manager or City Attorney for good cause.

3. Continuances for Proponents of Projects and/or Appellants. Proponents of Projects for which a public hearing is required and Appellants who have an appeal hearing scheduled before the City Council shall be granted one continuance of that hearing under the following conditions:
(a) Requests for continuances of public hearings and appeal hearings shall be submitted by the proponent/appellant in writing to the City Clerk by no later than the close of business on the date of the Council meeting at which the matter is scheduled to be heard.

Chapter 3
14 (b) The written request shall specify: (1) the reason for the request for continuance, and (2) the Council meeting date on which the proponent/appellant desiresthe matter to be heard.
(c) The City Council reserves the right to continue the public hearing or appeal hearing to a date and time that is least likely to impact the conduct of regularly agendized City business.
(d) If the proponent/appellant is unable to attend the meeting at which the matter will be heard, the proponent/appellant should designate a representative to appear on his/her behalf.
(e) No further continuances shall be granted unless, in its discretion, the City Council determines by majority vote that it is necessary to do so after considering the testimony and findings presented at the hearing.

4. General Public Hearing Procedure. Public hearingsshall generally be conducted asfollows:
(a) Staff presents its report, either by way of a written staff report or by in-person oral presentation.
(b) Councilmembers may ask questions of staff, subject to the time limitations set forth in Chapter 5, Section II.D of this Manual.
(c) The Presiding Officer opens the public hearing.
(d) Members of the public may present their comments,subject to time limits established by the Presiding Officer and/or this Manual.
(e) The Presiding Officer closes the public hearing after everyone wishing to speak has had the opportunity to do so.
(f) Council deliberates and takes action.

5. General Quasi-Judicial Public Hearing Procedure (Land Use Matters and Appeal Hearings). If a public hearing involves a quasi-judicial matter, the provisions of Section VI.C.1 of this Chapter and other due process procedural safeguards will apply. Although the City Attorney shall advise the Council in this regard, such public hearings shall generally be conducted as follows:
(a) Councilmembers disclose any ex parte communications or information obtained outside the Council Chamber, such as field trips, views of the premises, and discussions with individuals.
(b) Staff presents its report, either by way of a written staff report or by in-person oral presentation.

Chapter 3
15 (c) Councilmembers may ask questions of staff, subject to the time limitations set forth in Chapter 5, Section II.D of this Manual.
(d) The Presiding Officer opens the hearing.
(e) The applicant and/or appellant have the opportunity to present his/her comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his/her case unless additional time is granted by a majority vote of the Council. In the case of an appeal when the appellant is different from the applicant, the appellant should be called up first to provide comments or testimony. If the applicant and appellant are different persons, the applicant and appellantshould each be given equal time to present his/her views.
(f) Members of the public may present their comments,subject to time limits established by the Presiding Officer and/or this Manual.
(g) The applicant and/or appellant have the opportunity to present his/her rebuttal comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his/her rebuttal case unless additional time is granted by a majority vote of the Council. If the applicant and appellant are different persons, the applicant and appellant should each be given equal time to present his/her views. (h) The Presiding Officer closes the hearing after everyone wishing to speak has had the opportunity to do so.
(i) Council deliberates and takes action.

D. Consent Calendar. Items on this portion of the agenda include matters considered to be of a routine, administrative, procedural, minor, and/or non-controversial nature, such as approval of the minutes for a prior meeting(s), approval of the register of demands, second readings of ordinances, and other minor and/or non-controversial items. Any discussion shall be limited in nature, and those items so listed shall be approved and adopted by one motion of the Council and a roll call vote.

1. Clarification or Comment. Councilmembers may comment on Consent Calendar items or ask for minor clarifications without the need for pulling the item for separate consideration. To do so, Councilmembers must gain the Presiding Officer’s recognition immediately after the Consent Calendar is announced and before a vote is invited.

2. Pulling Consent Calendar Items. Only those items that require detailed deliberation should be pulled for separate consideration by Councilmembers. This must be done by making a request immediately after the Consent Calendar is announced by the Presiding Officer. If a request is made, it shall serve as a motion to remove an item or items and must be seconded before a vote of the Council may be taken. If the motion to remove receives a majority vote, said item(s) shall be removed from the Consent Calendar. If a motion to remove an item or items is not seconded, the motion to remove shall fail and the Council may proceed with voting on the Consent Calendar in the manner set forth in Section VI.E, below.

Chapter 3
16 3. “No” Vote without Pulling Item. It is acceptable to register a “no” vote on an item on the Consent Calendar without pulling the item for separate consideration. The Councilmember would state that he/she wishes to vote “no” on the item before the Presiding Officer or City Clerk calls for the vote. After the vote, the City Clerk will announce the outcome as: “Motion carries unanimously with the exception of Councilmember A voting ‘no’ on item x.”
E. Discussion/Action Items. Items on this portion ofthe agenda are each discussed/debated and voted on separately.

F. City Clerk, City Attorney and City Manager Comments. The City Clerk, City Attorney, and City Manager provide brief announcements regarding current events, projects, initiatives, and other matters of interest to Council and the public. In accordance with the Brown Act, no substantive discussion of specific matters is permitted.

G. Councilmember Board/Committee Reports & Comments. This portion of the agenda provides Councilmembers the opportunity to give a brief report on respective committee, Agency and/or Board meetings attended since the last City Council meeting (i.e. Mountain Transit, BBARWA, etc.) in addition the Council can make brief general announcements on City events or projects germane to the business of the City. Comments shall pertain to items not on the posted agenda. Councilmembers may also request that future agenda items be scheduled, provided at least one other member concurs with the request for a future agenda item. In accordance with the Brown Act, no substantive discussion of specific matters is permitted. Reports from Councilmembers are limited to three (3) minutes per Councilmember, and that time cannot be used to reargue failed motions. The City Clerk has the responsibility to assist Councilmembers with time limits by signaling when the Councilmember is nearing his/her three-minute speaking limit.

H. Resolutions. As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of public conduct for long-term application) are taken by ordinance, whereas more routine business and administrative matters (usually more transitory in nature or a singular act like approving a budget amendment) are accomplished by resolutions. The adoption of a resolution will be referenced in the meeting minutes and will be recorded in a separate document, numbered in sequence and preserved in a separate set of books. Such resolutions are used in this City for various reasons, such as when specifically required by law, when needed as a separate evidentiary documents to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document with the additional “whereas” explanatory material it often recites to facilitate such future reference and research.

I. Ordinances. An ordinance shall not be passed within five days of its introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction at either a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by unanimous vote Chapter 3
17 of the Council members present, all ordinances shall be read in full either at the time of introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after introduction of the altered ordinance.

Corrections of typographical or clerical errors are not alterations within the meaning of this section.

Effective Date: All ordinances, except as provided in Section 36937 of the Government Code, shall take effect 30 days after adoption, but may be made operative at such later date as may be designated in the ordinance.

Publishing: It shall be the duty of the City Clerk to post or publish all ordinances in accordance with Section 36933 of the Government Code.

Urgency Ordinance: All urgency ordinances must receive four (4) affirmative votes to be adopted and to become effective immediately. If such an ordinance fails to receive a 4/5 majority, it may thereafter be considered and passed in the same manner as regular ordinances.

J. Invocation. All Regular City Council Meetings will include an invocation after the open session meeting is officially called to order and the Pledge of Allegiance is recited. The brief invocation is intended to reflect upon the community’sshared ideals and common ends before the City Council embarks on the business of governing. To ensure objectivity in the selection of the speaker of the invocation, on an annual basis the City will compile a list of all known local individuals who are willing to volunteer to provide an invocation. The invocation speakers will be selected without preference to any specific religion, belief, faith, or ideology. No guidelines or limitations shall be issued by the City regarding invocation content, except that the invocation may not proselytize or advance any faith, or disparage the religious faith or non-religious views of others.

Staff will make every effort to schedule a local religious or other leader to give the invocation, but in the event a religious or other leader cannot be scheduled, there is a last minute cancellation or the scheduled speaker fails to appear, a moment of silence will be observed in lieu of the invocation.

Related to the City Council’s inclusion of invocations into their public meetings. The City Council will also ensure that America’s national motto, “In God We Trust”, and America’s de facto motto, “E Pluribus Unum” will be displayed under the City seal in the Council’s meeting chambers as a symbol of the City of Big Bear Lake’s national patriotism.

Chapter 4
18 CHAPTER 4 - AGENDA
I. GENERAL PURPOSE OF THE AGENDA RULES
A. General. The following rules relating to the agenda for City Council meetings are based on the premise that it is in the interest of good government that the City Council be fully informed on all matters upon which it is called to act. The City Council relies upon City staff to perform research, review potential courses of action, furnish technical information, and recommend solutions to various problems of City Government and recognizes that proper, thorough research and investigation requires time to ensure that the City Council has sound background information before it takes action.

B. Council Preparation. To foster the orderly, effective, and efficient conduct of meetings and ensure the necessary business of the City is transacted, each Councilmember has a duty to review and be familiar with the agenda materials in advance of each meeting. (See Chapter 2, Section IV.B of this Manual.)
II. AGENDA PREPARATION
A. In General. Agendasfor regular and special meetings are prepared and posted by the City Clerk in accordance with provisions of the Brown Act, this Chapter, and all other applicable rules and laws. The content of each agenda is overseen by the City Manager in consultation with the City Clerk (and the City Attorney as necessary) concerning the sequence of agenda items and other procedural matters.

B. City Manager Review. The City Manager reviews and approves all items for each Council agenda. The final agenda items, including staff reports and attachments, are then submitted to the City Clerk, compiled into the final Agenda packet, and are typically made available to the Council on the Thursday preceding each regularly-scheduled meeting. The agenda packet is simultaneously made available to the public and posted on the City’s website by the City Clerk in accordance with the Brown Act. Once the agenda packet has been sent to the City Council, items may be added to that agenda by the City Manager or the City Attorney when necessary, provided a supplemental or revised agenda is prepared and posted by the City Clerk in compliance with the Brown Act. In addition, the City Council may take action on items not appearing on the agenda, which are commonly referred to as emergency or urgency items, provided doing so complies with the provisions of Government Code section 54954.2(b).

C. Minimum Requirements. The agenda specifies the time and location of the meeting and a brief general description of each item of business to be transacted or discussed, including items to be discussed in Closed Session, if any.

III. AGENDA ITEM SUBMISSION
A. Placing Items on the Agenda. As provided in sections B, C, and D, below, persons who may place matters on the agenda are City Councilmembers; the City Manager, City Clerk or his/her designated staff; and the City Attorney. The City Council may also consider a Chapter 4
19 request from a member of the public to place an item on a future agenda.

B. Councilmember Agenda Requests. Any City Council member, with the concurrence of one additional Council member, may request to place an item on an upcoming City Council meeting agenda, providing the City Manager with at least 30 days’ notice in order to provide ample time for staff preparation. Such requests may be made during “Council Member Board / Committee Reports & Comments” in a City Council meeting, or may be made directly to the City Manager at any other time. The City Manager may also place items on the City Council meeting agenda as necessary in his / her judgement to further ongoing City initiatives, meet Federal / State / other requirements, address perceived community needs and to take advantage of beneficial opportunities.

1. Alterations of General Order of Agenda Items of Business. Certain categories of items of business are required by statute to be on every agenda or are necessary to appropriately conduct the business of the City Council in accordance with its adopted Rules of Discussion and Debate and parliamentary procedure (See Chapter 5).

2. Requests for Recurring Agenda Items. Requests by Councilmembersto add the same agenda item to every subsequent agenda are not permitted unless approved by a majority vote of the Council.

C. Agenda Requests by Members of the Public. Upon agreement by at least two members of the City Council, the City Council will determine whether to place on a future agenda an item requested by the public. A member of the public may request placement of an item on the agenda for Council consideration in the following ways:

1. A member of the public may write a letter to the City Council.

2. A member of the public may speak during the Public Comment period at a City Council meeting.

Chapter 5
20 CHAPTER 5 - MEETING RULES OF CONDUCT AND DECORUM
I. PARLIAMENTARY RULES AND GENERAL AGENDA ITEM PROCESS
A. Rosenberg’s Rules. Except as otherwise provided in this Manual, the proceedings of the Council at meetings shall be generally guided by the latest revised edition of Rosenberg’s Rules of Order (“Rosenberg’s Rules”). However, no ordinance, resolution, proceeding, or other action of the City Councilshall be invalidated, or the legality thereof otherwise affected, by the failure or omission to observe orfollow said rules. In the event of a conflict or ambiguity between Rosenberg’s Rules and the rules set forth in this Chapter, the rules in this Chapter shall prevail over Rosenberg’s Rules.

B. Parliamentary. The City Attorney shall act as the Parliamentarian and shall decide all questions of order. In the absence of the City Attorney, the City Manager shall act as the Parliamentarian.

C. General Process for Handling Agenda Items. The following process is the normal order of business for agenda items, except for public hearings, which are discussed in more detail in Section VI of Chapter 3.

1. The Presiding Officer announces the current agenda item. Note: to the extent members of the public wish to provide comments on an agenda item, such comments may be taken into consideration by Councilmembers when discussing the particular agenda item.

2. The City Manager, City staff, or submitter of the agenda item briefly introduces the item.

3. Staff presents its report (as needed), either by way of a written staff report or by an in- person oral presentation.

4. Councilmembers may ask questions of the City Manager and/or such City staff as the City Manager may designate, although Councilmembers are encouraged to seek clarification by asking or providing such questions prior to the meeting.

Councilmember questions on an item may not exceed two (2) minutes unless an extension of time is granted by the Presiding Officer. Extensions granted may be appealed or overruled by a majority vote ofthe Council.

5. The Presiding Officer invites a motion.

6. Following a valid motion and second, the Council discusses, deliberates, and takes action as described in this Chapter.

7. An affirmative vote of the Council carries the motion, as described herein.

Chapter 5
21 II. RULES OF DISCUSSION AND DEBATE FOR REGULAR MEETINGS A. Discussion Procedure. While discussing any question under consideration by the Council, it shall be the duty of the members thereof to remain seated and address their remarks to the Presiding Officer and their fellow members. Any remarks or orders to the audience shall be addressed by the Presiding Officer, or with his/her permission, by members of the Council.

B. Presiding Officer. The Presiding Officer shall have the authority to prevent the misuse of the legitimate form of motions, the abuse of privilege of renewing certain motions, or the obstruction of the business of the City Council. The Presiding Officer may preserve orderly business by ruling such motions out of order. In so ruling, the Presiding Officer shall be courteous and fair and shall presume that the moving party is making the motion in good faith. The Presiding Officer may move,second, debate, and vote from the chair. The Presiding Officer may also adjourn a meeting by a simple declaration thereof in the absence of a protest by any Councilmember.

C. Councilmembers to Address Presiding Officer. Every Councilmember desiring to speak shall first address the chair, gain recognition by the Presiding Officer, and confine himself/herself to the subject matter, item, or motion being currently considered by the Council, avoiding personalities and crude language.

D. Questions to Staff. Every Councilmember desiring to ask questions of City staff shall, after recognition by the Presiding Officer, address his/her question to the City Attorney or the City Manager, who shall be entitled either to answer the inquiry himself/herself or designate a member of the staff for that purpose. On the assumption that Councilmembers have already sought clarification of agenda materials in advance of the meeting pursuant to Chapter 2, Section IV. A of this Manual, Councilmember questions to City staff shall be subject to a two (2) minute time limit per agenda item, not including the time taken for staff response(s).

Statements masquerading as questions may be ruled out of order by the Presiding Officer.

E. Germane Comments/Time Limit for Council. Councilmembers shall limit their comments to the subject matter, item, or motion being currently considered by the Council. A determination of relevance shall be made by the Presiding Officer but may be appealed to the full Council. Councilmembersshall govern themselves asto the length of their comments but generally shall not exceed a total of five (5) minutes per agenda item (not including the two (2) minute period for Questions to Staff referenced in Section D, above), unless additional time is approved by a majority vote of the Council. The Presiding Officer or the City Clerk, as may be designated by the Presiding Officer, has the responsibility to assist Councilmembers by signaling when the Councilmember has spoken for five (5) minutes. The five (5)minute time limit may be extended by a majority vote of City Council. No Councilmember shall be allowed to speak more than once on any particular item until every other Councilmember desiring to do so shall have spoken.

F. Interruptions. A Councilmember, once recognized, shall not be interrupted when speaking unless: 1) called to order by the Presiding Officer, 2) a point of order or point of privilege is raised by another Councilmember, 3) the speaker chooses to yield to a question by another Councilmember, or (4) forsuch other reasons asset forth in Rosenberg’s Rules or this Manual, including, but not limited to, a Councilmember’s right to call the question in order to Chapter 5
22 terminate debate. If a Councilmember while speaking is called to order, he/she shall cease speaking until the question of order is determined; and if interpreted to be in order, may proceed. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.

G. Point of Order. When a Councilmember believes a breach of the Council’s parliamentary procedural rules is occurring, he/she may raise a Point of Order to call upon the Presiding Officer to make a determination and enforce the rules of the Council. The Point of Ordershall be ruled upon by the Presiding Officer, subject to the right of any Councilmember to appeal the ruling to the City Council through a valid motion. If a motion to appeal the ruling is seconded, the question shall be, "Shall the decision of the Presiding Officer be sustained?" A majority vote shall conclusively determine the question of order. The motion is debatable, and the Presiding Officer may participate in the debate.

H. Point of Privilege. Any Councilmember can raise a Point of General or Personal Privilege.

1. Point of General Privilege. Appropriate points of general privilege relate to anything that would interfere with the normal comfort of the meeting, such as the temperature of the room or a malfunctioning microphone. If raised, the Presiding Officer would then ask the interrupter to “state your point.”

2. Point of Personal Privilege. The right of a Councilmember to address the council on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are questioned or where the welfare of the council is concerned. A Councilmember raising a point of personal privilege may interrupt another Councilmember who has the floor only if the Presiding Officer recognizes the privilege.

I. Move or Call the Question. Any Councilmember may move to immediately bring the motion/question being debated to a vote, suspending any further debate. Such motion shall not be made in a mannerthat prevents a Councilmemberfrom voicing an opinion or providing brief, concise, and relevant information with respect to the item being considered. To close off debate pursuant to a Motion to Move or Call the Question,said motion must be seconded and passed by a two-thirds (2/3) vote of those present and voting. The motion is not debatable. If the motion to Move or Call the Question passes, a vote on the motion/question on the floor is taken. If the motion to Move or Call the Question fails, discussion on the motion/question on the floor continues.

J. Motion to Reconsider. A motion to reconsider may be made only by a member who voted in the majority on the original motion. Such a motion may only be made at the same meeting as the original item, and then only to correct inadvertent errors or to consider new information not available at the time of the vote. If the motion to reconsider passes, then the original matter is back before the Council, and the matter may be discussed and debated as if it were on the floor for the first time. After the reconsideration of the item has been acted upon, no other motion for reconsideration thereof will be made without the unanimous consent of the Councilmembers present. Matters that are quasi- judicial in nature or matters that require a noticed public hearing cannot be reconsidered.

Chapter 5
23 K. Failed Motions. Failed motions shall not be brought up at a subsequent meeting unless the Council suspends the rules as provided for in Section II. M, below. However, the effect ofsuch action will not operate to adversely affect individual rights that may have been vested in the interim without notice and an opportunity to be heard having been given to the affected party or parties.

L. Remarks of Councilmembers and Synopsis of Debate. A Councilmember may request through the Presiding Officer the privilege of having an abstract of his/her statements on any subject under consideration by the council entered into the minutes. If the council consents thereto, such statements shall be entered into the minutes.

M. Suspend the Rules. Any of the rules related to parliamentary procedures in this Manual (to the extent not governed by State law, such as Government Code section 36936, the provisions of the Political Reform Act, or the FPPC conflicts of interest regulations) may be suspended by a two-thirds (2/3) majority vote. Such suspension may be moved at any time by a Councilmember.

N. Protest Against Council Action. Any Councilmember dissenting from orstating his/her protest against any action of the council may request to have such dissent or protest entered into the minutes. Such dissent or protest to be entered into the minutes shall be in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons . . ."
O. Seconding of Motions Required. A motion by any Councilmember, including the Presiding Officer, may not be considered by the Council without receiving a second.

P. Other Time Limitations. A time limit of three (3) minutesshall be imposed on Councilmembers when speaking during the “Reports from Councilmembers” portion of the agenda.

Q. Reading of Ordinances. Except when the title of an ordinance has been read and further reading is waived by a regular motion adopted by a majority vote of the Council, all ordinances shall be read in full either at the time of introduction or passage.

R. Voting Rules.

1. Vote Unless Disqualified. All Councilmembers present at a meeting when a question comes up for a vote should vote either for or against the question unless he/she is disqualified from voting by reason of a conflict of interest and abstains because of such disqualification.
(a) A Councilmember stating disqualification will not be counted as a part of a quorum and will be considered absent for the purpose of determining the outcome of a vote on the matter. See Section S, below, for other rules relating to conflicts of interest. (b) Any Councilmember who abstains for reasons other than disqualification, in effect consents that a majority of the quorum may decide the question being voted upon.

Any councilmember so abstaining will be counted as present for purposes of establishing a quorum. Such an abstention will be counted 1) as neither an affirmative Chapter 5
24 vote nor a dissenting vote and 2) as if it did not exist. The “present and voting” rule as described in Rosenberg’s Rules applies.

2. Silence During the Vote. Unless a Councilmemberstatesthat he/she is abstaining,silence shall be recorded as an affirmative vote.

3. Call for the Vote. The Presiding Officer or the City Clerk shall call for the vote. All votes of the City Council shall be by roll call. The City Clerk shall randomly call the names of each member of the Council, except that the name of the Presiding Officer shall be called last. According to Government Code section 36936, a recorded majority vote of the total membership of the City Council is required for resolutions, orders for the payment of money, and all ordinances. In addition, some typesof resolutions and ordinances may require a supermajority vote. Absent other specific State law requirements, a motion carries with a majority vote of a quorum of the City Council.

4. Quorum. Three members of the Council shall constitute a quorum for the transaction of business. When there is no quorum, the Mayor, Mayor Pro Tem, or any member of the Council shall adjourn such meeting, or if no member of the Council is present, the City Clerk shall adjourn the meeting. For the purpose of considering any item subject to vote of the Council, when a member of the Council disqualifies him/herself due to a conflict of interest, his/her presence shall not be counted toward a quorum and that person shall not be permitted to vote unless required pursuant to the rule of necessity. The rule of necessity shall not be applied where any member of the Council is absent. If the Council loses a quorum due to a disqualification and the rule of necessity does not apply, the remaining Council members may continue to discuss the item as a committee of the whole, but they shall not take action on the item.

Unless otherwise provided for in the Municipal Code, a majority of the Council shall be sufficient to do business and motions may be passed 2 to 1, if only 3 members of the Council attend. The following matters, however, require three (3) affirmative votes: adoption of ordinances, resolutions granting franchises, orders for payment of money, and selection of presiding officers.

If a majority of the Council shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Council shall select by lot or other means of random selection that number of its disqualified members which, when added to the members eligible to vote shall constitute a quorum.

5. Tie Votes. Tie votes are failed motions but may be reconsidered at a subsequent meeting upon a motion passed by the Council to reconsider the item at a future meeting. If the matter involves an appeal and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision-making person or body from which the appeal was taken.

6. Changing a Vote. A Councilmember may change his/her vote only if he/she makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. Prior to the time that the next item in the order of business is taken up, a Councilmember who Chapter 5
25 publicly announced that he/she will abstain from voting on a particular matter shall not subsequently be allowed to withdraw his/her abstention.

S. Conflict of Interest. Any Councilmember who has a conflict of interest regarding any matter being considered by the Council shall, in compliance with the provisions of the Political Reform Act and other applicable laws, declare the conflict, state the reason for the conflict, and leave the room during the discussion of and vote upon that particular agenda item, unless it is a Consent Calendar item (orthe Councilmember is exercising a right to speak as a member of the public regarding an applicable personal interest under the conditions specified in Sections 18707(a)(3)(C) and 18704(d)(2) of the FPPC regulations). If the conflict involves a matter on the Consent Calendar, the Councilmember must announce the nature of the conflict and refrain from participating in the item, but he/she may remain present at the dais.

T. Leaving the Dais. To the extent a Councilmember decides to speak on an item by leaving the dais and speaking from the public podium, such Councilmember will relinquish his/her ability to speak on the same item upon his/her return to the dais.

U. Rules Not Exclusive. The rules set forth in this Chapter are not exclusive and do not limit the inherent power and general legal authority of the Council, or of its Presiding Officer, to govern the conduct of City Council meetings as may be considered appropriate from time to time or in particular circumstances for purposes of orderly and effective conduct of the affairs of the City.

III. PUBLIC PARTICIPATION AND RULES OF DECORUM FOR COUNCIL, PUBLIC, AND STAFF.

A. Public Participation.

1. Manner of Addressing the Council. To facilitate the orderly conduct of meetings, persons wishing to speak during the Public Comment period and at public hearings are requested, but not required, to fill out speaker cards and provide them to the City Clerk prior to the start of the meeting or before a public hearing item is announced. (a) During Public Comment periods, each person after receiving permission from the Presiding Officer to addressthe Councilshallstep up to the microphone at the podium and state his/her name and city of residence for the record. The speaker shall then specify the agenda item(s) on which he/she wishes to comment; state whether his/her comments pertain to a non-agenda item within the City Council’s subject matter jurisdiction; state whom he/she is representing; and whether he/she is representing an organization or other persons. All remarks shall be addressed to the City Council as a body only. No person other than a member of the Council and the person having the floor shall enter into any discussionwithout permission of the Presiding Officer. Public comment is permitted on items not on the agenda that are within the subject matter jurisdiction of the City, and on agenda items. Subject to reduction in the maximum time limit in the discretion of the Presiding Officer, there is a three (3) minute maximum time limit when addressing a respective board (City Council, Fire Protection District or Successor Agency). Any qualified and interested person following this procedure shall have the right to be heard.

Chapter 5
26 (b) Members of the public may also submit written or email communications to the City Council at any time prior to or during the City Council meeting, and all Council members will make every effort to read and consider such communications prior to consideration of the specific agenda item. However, in order to ensure receipt by Council members and allow for thoughtful consideration of the comments, members of the public are encouraged to submit written or email communications no later than 10 hours prior to the start of the meeting.
(c) During Public Hearing items, each person desiring to address the Council shall step up to the microphone at the podium, state his/her name (and address if desired) for the record, state whom he/she is representing, and whether he/she is representing an organization or other persons. Each speaker shall be allotted three (3) minutes in which to comment, unless the Presiding Officer determines that based on the significant nature of a public hearing item, that additional public comment time should be allowed. In such event, the Presiding Officer may grant an extension of public comment time, not to exceed two (2) minutes per speaker. Extensions granted may be appealed through a valid motion and overruled by a majority vote of the Council.
(d) During both Public Comment periods and during Public Hearing items, speakers should not approach the dais unless authorized to do so by the Presiding Officer. All remarksshall be addressed to the Council as a whole and not to any member thereof.

No questions shall be asked of a Councilmember, a member of the City staff, or member of the audience without permission of the Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer. (e) During Public Comment periods members of the public may ask questions related to agenda items. However, in order to ensure compliance with the Brown Act the City Council is not required to answersuch questionssince depending on the nature ofthe questions, the issues raised may be beyond the scope of the subject matter of the agenda items. Nevertheless, in accordance with Government Code Section 54954.2 (a)3, the Presiding Officer may briefly respond or have staff respond to statements made or questions asked or may request that staff report back to the Council at a subsequent meeting concerning any matterraised by the public, or arrange to discuss the request individually with the member of the public at an alternate time. (f) During public comment periods and irrespective of the subject or viewpoint to be expressed, no speaker shall be permitted to show a video, make a PowerPoint presentation, or otherwise utilize any other form of electronic visual display technology requiring advanced set up and/or the use of projectors or other specialized equipment. Such controls are intended to help allspeakers maximize their time when addressing the City Council, instead of dealing with potentially timeconsuming setup or technical difficulties.

2. Spokesperson for Group of Persons. To expedite matters and avoid repetitious presentations, whenever any group of persons wishesto addressthe Council on the same subject matter or item, it shall be proper for the Presiding Officer to request that a spokesperson be chosen by the group to address the Council; and in case additional Chapter 5
27 matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council. In situations where more than ten (10) people wish to speak on an item, the Presiding Officer may place reasonable limits on the Public Comment period, including reducing the time allotted to each speaker to one (1) or two (2) minutes and/or a specific time limit for the total presentation (typically not to exceed twenty (20) minutes). Such time limits shall allow for full discussion of the item by interested parties or their representative(s). The purpose for any limitation described in this section is to ensure the Council can address its agenda, avoid repetitive comments and presentations, and conduct business in an orderly and efficient fashion.

3. After a Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first getting permission to do so by a majority vote of the City Council.

B. Rules of Decorum for Council, Public, and Staff. Meetings of the City Council shall be conducted in an orderly manner to ensure that the public has a full opportunity to be heard and that the deliberative process of the Council is preserved at all times. The Presiding Officer of the Councilshall be responsible for maintaining the order and decorum of meetings. While any meeting of the City Council is in session, the following rules of order and decorum shall be observed:

1. Councilmembers. While the Council is in session, Councilmembers must lend themselves to order and decorum. They shall neither by conversation or otherwise 1) delay or interrupt the proceedings or the peace of the Council, 2) disturb any Councilmember while he/she is speaking or, 3) refuse to obey the orders of the Presiding Officer. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.
(a) English Language. The business of the City Council shall be conducted in English except to the extent such that a Councilmember wishes to speak as a member of the public, either in the Public Comment period or on an item listed in the Appeal and/or Public Hearings sections of the agenda.
(b) E-Communication Prohibited. Except as specified in subdivision (b), below, Councilmembers shall not use E-Communication at any time during any meeting, including, but not limited to, Open and Closed Sessions of the City Council. The use of E-communication is prohibited during Council meetings so that Councilmembers may remain attentive to members of the public, staff, or others as they are speaking to the City Council, should take care to prevent the perception of a Brown Act violation, ensure the integrity of quasi-judicial proceedings and to prevent the perception that other unknown parties are influencing Council decisions during the meeting. E-Communication, which includes blogging, is defined as “electronic text, audio or visual communication, and attachments distributed via e- mail, telephonic service, websites, instant messaging, text messaging, Twitter, Facebook, Snapchat, Instagram, or comparable services”. Outside of City Council meetings, Councilmembers should not communicate via E-Communications with more than one other member of the City Council on any issue regarding City business.

Chapter 5
28 (c) Exceptions for Emergencies. The limitation specified in subdivision (a), above, shall not apply to the receipt of telephone calls or text messages from family members in the event of an urgent family matter. Councilmembers wishing to respond to such a message during the meeting shall do so in a manner that does not disrupt the meeting.

Responses to urgent matters may occur during a recess or after having been excused from the meeting by the Presiding Officer.
(d) Recording or Live Streaming. Councilmembers shall not video record or live stream meetings while sitting at or standing behind the dais in such a manner that obstructs the view of or results in a persistent disruption of other Councilmembers’ ability to participate in the meeting. To the extent a Councilmember wishes to record or live stream a meeting while sitting at or standing behind the dais, such Councilmember shall further ensure that he/she is not recording in a manner that intrudes into the personal space of other Councilmembers or City staff (within twenty-four inches of the person); in a manner that records notes made by Councilmembers during meetings (which necessarily invades the Mental Processes and/or Legislative Privileges protecting legislators’ uncommunicated motivations for making a policy or decision); or in a manner that displays the protected work product of the City Attorney.
(e) Leaving Seats. Councilmembers shall not leave their seats during a meeting without first obtaining the permission of the Presiding Officer. (f) Packing of Audience. It is inappropriate for a Councilmember to pack the audience for a specific agenda item.

2. City Staff Members. City staff members and employees shall observe the same rules of order and decorum as are applicable to the City Council, with the exception that City staff members and employees may leave their seats during a meeting without first obtaining the permission of the Presiding Officer.

3. Persons Addressing the Council. The primary purpose of Public Comment periods at City Council meetings is to allow citizens the opportunity to formally communicate with the City Council as a whole, but these comment periods should not be utilized as a substitute for handling any matter during the normal working hours of the city government. Each person who addresses the Council shall do so in an orderly manner and shall not make personal, impertinent, slanderous, or profane remarks to any member of the Council, City staff, or the general public. Any person who makes such remarks or who utters loud, threatening, personal, or abusive language, or who engages in any other disorderly conduct that disturbs, disrupts, or otherwise impedes the orderly conduct of any Council meeting shall, at the discretion of the Presiding Officer or a majority of the Council, be barred from further audience before the Council during that meeting. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.

4. Members of the Audience. No person in the audience at a Council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening, or Chapter 5
29 abusive language; whistling; stamping of feet; excessive clapping; or other acts that disturb, disrupt, or otherwise impede the orderly conduct of any Council meeting. Any person who conducts himself/herself in the aforementioned manner shall, at the discretion of the Presiding Officer or a majority of the Council, be barred from further audience before the Council during that meeting. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.

C. Enforcement of Decorum. The rules of decorum set forth above shall be enforced in the following manner:

1. Warning. The Presiding Officer shall request that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the Presiding Officer, a person persistsin disrupting the meeting, the Presiding Officershall ordersuch person to leave the Council meeting. If such person does not remove himself or herself, the Presiding Officer may order any law enforcement officer who is on duty at the meeting as sergeant-at-arms of the Council to remove that person from the Council chambers.

2. Removal. Any law enforcement officer who is serving as sergeant-at-arms of the Council shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the Presiding Officer, it shall be the duty of the sergeant-at-arms to remove from the Council meeting any person who is disrupting the proceedings of the Council.

3. Motion to Enforce. If the Presiding Officer of the Council fails to enforce the rules set forth above, any member of the Council may move to require him or her to do so, and an affirmative vote of a majority of the Council shall require him or her to do so. If the Presiding Officer of the Council fails to carry out the will of a majority of the Council, the majority may designate another member of the Council to act as Presiding Officer for the limited purpose of enforcing any rule of this section it wishes to enforce.

4. Adjournment or Recess. If a meeting of the Council is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the meeting may be temporarily recessed, adjourned, or continued by the Presiding Officer or a majority of the Council, and any remaining Council business may be considered after the recess or at the adjourned or next meeting.

Chapter 6
30 CHAPTER 6 - ADMINISTRATIVE MATTERS
I. ADMINISTRATIVE SUPPORT
General staff and administrative support to members of the City Council is provided through the City Manager’s Office. Administrative services, including the scheduling of appointments, receipt of telephone messages, and word processing, are available as needed. Sensitivity to the workload of support staff members in the City Manager’s Office is appreciated. Please note that individuals may have other work assigned with high priority. Councilmembers shall not make demands of the City Manager, City Attorney, or City Employeesthat communicate a desire for or an expectation ofspecial treatment. In no event shall Councilmembers request administrative support to further personal or campaign/political purposes
II. MAIL, DELIVERIES, AND E-MAIL
A. Correspondence from the Public. The City encouragesthe public to send correspondence to the entire City Council, either by traditional post or by e-mail. Correspondence addressed to the City Council that is received by the City Clerk or by any other officer or employee of the City shall be deemed a public record upon receipt, except asset forth in the Public Records Act (California Government Code § 6250 et seq.) or other applicable law.

1. Authority of City Clerk. The City Clerk is authorized to open and examine all mail or other written communications addressed to the City Council and give it immediate attention to the end that all administrative business referred to in said communication not necessarily requiring Council action may be acted upon between Council meetings. (a) Members of the City Council receive mail and other materials from the public and staff. The City Clerk maintains a mailbox for each member into which written correspondence shall be placed. Councilmembers should check their mailbox frequently.
(b) The City Clerk may provide for a city courier to deliver materials to the homes of Councilmembers when materials are time sensitive.

2. Councilmember Responsibilities. If correspondence is received directly by a Councilmember without the City Clerk having opened and examined same, the Councilmember shall be responsible for providing to the City Clerk the correspondence that is required to be included with agenda materials, as set forth in the Brown Act. All such communications shall be deemed a public record upon receipt, except as set forth in the Public Records Act or other applicable law.

B. City-Issued E-mail Address. Each Council member will be issued a City email address (i.e. @citybigbearlake.com), and this email shall be used for all City Council related email correspondence. The City email account will include an official email signature that identifies City Council membersin their official designations (i.e. Mayor, Council Member) and includes an important public disclaimer informing all recipients that their email correspondence with Chapter 6
31 the elected official may be subject to a Public Records Act request.

1. Status as Public Record. Pursuant to the Public Records Act, any e-mail sent or received by Councilmembers using the City-issued domain e-mail address may constitute a public record and be disclosable upon the City’s receipt of a Public Records Act request.

2. Privacy Limited. Councilmembers have no reasonable expectation of privacy in any E-mail correspondence received by them at their City of Big Bear Lake domain e-mail address.

C. Communications Using Non-City Accounts/Devices. Messages or communications received by Councilmembers on their personal electronic devices or personal e-mail accounts concerning City business may also be subject to disclosure under the Public Records Act.

Additional rules are set forth in Section III, below.

D. Other Rules Relating to Correspondence. Any written correspondence or other materials, when distributed to all, or a majority of all of the members of the City Council by any person in connection with a matter subject to discussion or consideration at a public meeting, are disclosable public records under the California Public Records Act and shall be made available upon request without delay. Writings that are public records and that are distributed during a public meeting shall be made available for public inspection at the time of the meeting if prepared by City staff or a member of the City Council, or after the meeting if prepared by some other person. All writings referenced herein shall be provided to and documented with a received/filed date by the City Clerk. In addition, Council members need to be aware that their email correspondence is subject to the requirements of the Brown Act. While the Brown Act does not prohibit the use of email to make individual contacts between members of the Council, public or staff, great care should be taken to avoid the use of email to contact a majority of the Council which may unintentionally result in conducting a serial meeting.

III. USE OF PERSONAL ACCOUNTS AND PERSONAL ELECTRONIC DEVICES FOR CITY BUSINESS A. Status as Public Records. Text messages, emails, and other electronic communications that deal in some substantive manner with the conduct of City business created on, stored on, and/or transmitted by personal accounts or personal electronic devices may be subject to disclosure under the Public Records Act. In complying with any Public Records Act request, a Councilmember shall be required to sign a statement that he / she is providing all communications from personal accounts or personal electronic devices, in the following form:
“I hereby declare or affirm under penalty of perjury that I am providing all requested communications from personal accounts or personal electronic devices.” B. Limitations and Rules on Use. To the extent feasible, City-issued email accounts and electronic devices shall be used to conduct City business. Limited use of a private device or account for public business by Councilmembersis permissible but discouraged. The following rules must be observed.

1. Urge Use of City Electronic Devices/Accounts. Councilmembers shall request persons sending electronic communications regarding City business to a personal account or device to instead utilize the City of Big Bear Lake domain e-mail address or other official Chapter 6
32 City electronic messaging account provided to theCouncilmember.

2. When Communications Received on Personal Accounts/Devices. If Councilmembers receive electronic messages regarding City business on their personal electronic messaging account or device, or circumstances require them to conduct City business on a personal account or device, Councilmembers should either. (a) copy (“cc") any communication on his/her personal electronic messaging account or device to his/her City electronic messaging account, or (b) forward the electronic communication to his/her City account as soon asfeasible after the original creation or transmission of the electronic communication.

C. Use of Social Media. Although social media has become an effective communication tool used by local government to provide direct communications with the community, elected officials need to be mindful to not use social media in a manner that could harm the City’s interest. In addition, Council membersshould be cautious with their social media postings in an effort to avoid inadvertently conducting serial meetings that would violate the notice and public meeting requirements. When Council members are making decisions about how to engage on social media, they should take a number of legal considerations into account such as; the Brown Act,the Public Records Act, due process, and First Amendment Considerations. If a City Council member is unsure about how their particular uses of social media may or may not conflict with the current governmental regulations, it is advisable that they consult with the City Attorney.

D. Compliance and Additional Policies. The City Council shall comply with the above provisions and any additional administrative policies the Council adopts for City-wide application regarding procedures to be followed with respect to communications received on personal accounts and devices when Public Records Act requests are made.

Chapter 7
33 CHAPTER 7 - RELATIONSHIP AND CONDUCT
I. RELATIONSHIP AND CONDUCT WITH CITY MANAGER
A. Council-Manager Form of Government. The City has adopted a Council-manager form of government. This structure reflects the City Council’s role to establish City policy and priorities. The Council appoints a City Manager to implement this policy and undertake the administration of the organization. The City Council must work through the City Manager in making any requests requiring City staff’s involvement (with the exclusion of the City Attorney and City Clerk).

B. The City Council and City Manager Work as a Team. The City Council establishes policies for the overall operation of the City. The City Manager is appointed by the City Council to enforce its laws, to direct the daily operations of City government, to prepare and monitor the municipal budget, and to implement the policies and programs initiated by the City Council.

The City Manager is expected to adhere to the International City/County Management Association (ICMA) Code of Ethics, and the City Council must recognize said Code of Ethics when dealing with the City Manager. The City Manager is responsible to the City Council rather than to individual Councilmembers and directs and coordinates the various departments.

C. Productive Relationship Requirements. The employment relationship between the City Council and the City Manager honors the fact that the City Manager is the chief executive officer of the City. To facilitate a productive work relationship with the City Manager, the City Council and/or individual members shall do each of the following:

1. Neither the City Council nor any member shall give orders to, command the services of, or assign work to any subordinates of the City Manager, either publicly or privately.

2. Direct the City Manager to implement the Council’s policy decisions through the administrative functions of the City.

3. Treat City staff professionally, and refrain from publicly criticizing or belittling individual employees. Personnel issues are managed through established channels and procedures.

4. Avoid involvement in personnel issues related to City-Council-appointed staff, i.e., the City Manager, City Attorney and City Clerk, except during City Council Closed Sessions, when issues of hiring, firing, promoting, disciplining, etc., may be addressed appropriately.

5. Discuss directly with the City Manager any displeasure with a department orstaff member.

6. Refer complaintsto the City Managerforfurther processing. Staffshall be given adequate time to investigate and respond to such complaints.

Chapter 7
34 7. Receive from the City Manager timely information regarding unusual events that the public would be concerned about; e.g., an emergency situation, significant road closure, an area cordoned offby police or fire, a significant event, etc.

8. Avoid communicating with persons or parties in litigation with the City (or any of the entities for which the City Council sits ex-officio as the governing board as noted in Chapter 2, Section IV.D.2 of this Manual) in a manner that compromisesthe City’s or other entity’s position in such litigation.

9. Include the City Manager in follow-up meetings where a Councilmember has first met with an individual or company representative regarding official business of the City.

II. RELATIONSHIP AND CONDUCT WITH CITY ATTORNEY
A. Legal Advisor to the City. In all matters, the City Attorney represents the City and is the legal advisor to the City Council, the City Manager, the City Clerk, and department directors. The general legal responsibilities of the City Attorney are to provide legal assistance necessary for formulation and implementation of legislative policies and projects; to represent the City’s interest, as determined by the City Council, in litigation,Administrative hearings, negotiations, and similar proceeding to prepare and/or review and approve ordinances, resolutions, contracts, and other legal documents to best reflect and implement the purposes for which they are prepared; and to keep the City Council and staff apprised ofcourt rulings and legislation affecting the legal interest of the City.

B. Does Not Represent Individual Councilmembers or Staff. It is of the utmost importance to understand that the City Attorney does not represent individual members of Council, but the City and the City Council as a whole.

III. RELATIONSHIP AND CONDUCT WITH CITY CLERK
A. The City Clerk performsstatutorily mandated duties and such tasks as may be assigned by the City Council and/or the City Manager. The generalresponsibilities of the City Clerk are:

1. to serve asthe Elections Official of the City;

2. to protect and preserve the legislative record ofthe City Council and other variousrecords;

3. to facilitate delivery of records consistent with the provisions of the Public Records Act;

4. to receive filings on behalf of the City;

5. to facilitate the preparation, duplication, preservation, and delivery of Council agenda materials; and

6. to advise City departments about best practicesfor records management.

IV. RELATIONSHIP AND CONDUCT WITH STAFF
A. General considerations. Governance of a city relies on the cooperative efforts of elected officials, who set policy and priorities, and City staff, who analyze problems and issues; make Chapter 7
35 recommendations; and implement and administer the City Council’s policies. To ensure the proper functioning of these cooperative efforts, Councilmembers must avoid intrusion into those areas that are the responsibility of staff. This is necessary to protect staff from undue influence and pressure from individual Councilmembers and to allow staff to execute priorities given by management and the Council as a whole.

Any concerns by a member of Council over the behavior or work of a City employee should be directed to the City Manager privately to ensure that the concern is resolved.

B. Issues of Pressure or Influence. Individual City Councilmembers shall not make attempts to pressure or influence staff decisions, recommendations, workloads, schedules, and department priorities without the prior knowledge and approval of the Council as a whole.

1. If a Councilmember wishes to influence the actions, decisions, recommendations, workloads, work schedule, and priorities of staff, that member must prevail upon a majority of the Council at an open meeting to do so as a matter of Council policy.

2. The City Council recognizes the primary functions of staff are in executing Council policy and actions taken by the Council as a body and in keeping the Council informed.

3. Staff is directed to reject any attempt by individual members of the Council to unduly direct or otherwise pressuretheminto making, changing, orinfluencing recommendations or business decisions in any manner.

V. REQUESTS FOR RESEARCH OR INFORMATION
A. General Considerations. Individual Councilmembers shall not direct staff to initiate any action or prepare any report, project or study. All such requests shall be made to the City Manager and/or the City Council. Councilmembers may ask the City Manager directly for information requiring limited resources and information, without first seeking concurrence from the majority of City Council. This information will be distributed to all City Council members.

B. Responses to Requests. Requests made by individual Councilmembers for information or assistance shall be for the sole purpose of fulfilling his/her responsibilities as delineated throughout this Manual and not for any private or personal interest. Requests will be addressed as quickly as possible under the circumstances at the time, providing that in the judgment of the City Manager (or the City Attorney depending on the nature of the request) the request is not of a magnitude, either in terms of workload or policy, that would require more than twenty (20) minutes of time in which to respond or is ofsuch a nature that it would be more appropriately assigned to staff through the collective direction of the City Council. If the individual Councilmember request goes beyond these parameters, or in the judgment of the City Manager, is not within the scope of City policies or business, the City Manager will bring the request to the full Council for consideration. The method by which responses are delivered to Councilmembers shall comport with the City’s routine business practice.

C. Policy-Related Requests. All Council requests dealing with policy and such other requeststhat may be construed as direction shall be directed to the City Manager. Councilmembers may also contact the City Attorney or City Clerk.

Chapter 7
36 D. Funding Requests. Any request from City Council requiring funding must be addressed with the City Manager. The City Managershall respond in a timely manner.

E. Written Requests Preferable. To assist the City Manager, requests for information are best tracked if submitted in writing, either in memorandum form or through e-mail to ensure proper responsiveness.

F. Access to Certain Information Restricted. There are certain restrictions when information cannot be provided. Draft documents (e.g., staff reports in progress, administrative draft EIRs) under review are not available for release until complete and after review by City management. In addition, there are legal restrictions on the City’s ability to release certain personnel information even to members of the City Council.

G. Dissemination of Information. In cases when a staff response to an individual Councilmember request involves written materials that may be of interest to other Councilmembers, the City Manager will provide copies of the material to all other Councilmembers. In making this judgment, the City Manager will consider whether the information is significant, new, otherwise not available to the Council, or of interest to the Council.

H. Disclosure of Information. No Councilmember may, without prior formal authorization of the City Council, disclose any confidential information concerning any other official or employee, or any other person, or any property, or governmental affairs of the City. Whether or not such information is allowed to be disclosed, no Councilmember may use or permit the use of any such confidential information to advance the financial or personal interest of himself/herself or any other person. For the purposes hereof, “confidential information” shall mean information that is not generally known in the public and/or is not subject to disclosure under the California Public Records Act or other applicable law. Some examples of confidential information include attorney-client privileged communication, attorney-client work product, personnel, medical, or similar information—the disclosure of which would constitute an unwarranted invasion of privacy. (Govt. Code § 6250 et seq.

Chapter 8
37 CHAPTER 8 - COMMUNICATION AND REPRESENTATION
I. REPRESENTING MAJORITY VS. INDIVIDUAL OPINION
A. Dual Roles of Councilmembers. A person elected to the City Council plays two roles: a member of a body elected to represent the City in its entirety and a private resident of the City. The second role is not relinquished when the first role is assumed. It is important to distinguish between the two roles at all times and to conduct business in one role separately from the other. The elected Councilmember retains the right to speak as an individual, not as a member of the City Council, but must make this distinction very clear when he/she does speak on his/her own behalf and not as a member of the City Council. This is because when the Council acts, it acts as a whole, not as a group of individuals.

B. General Policy Considerations. An important role of a Councilmember is communication— communication with the public to assess community opinions and needs, communication with staff to provide policy direction, and communication to gain an understanding of the implications of various policy alternatives. Because the City Council acts as a body (that is, acting based on the will of the majority as opposed to individuals), it isimportant that general guidelines be understood when speaking for the Council. Equally important, when members express personal views and not those of the Council, the public must be so advised.

II. CORRESPONDENCE FROM COUNCILMEMBERS/USE OF CITY FACILITIES A. Stationery Use and Related Guidelines.

1. Use of City Letterhead. Individual City Councilmembers will be provided with official City stationery. City letterhead shall be used by the Mayor, Mayor Pro Tem, and City Council only for official City business, communication of adopted City policies and positions, and any related communications. All Councilmembers should be copied on correspondence signed by the Mayor or other Councilmember. Use of City letterhead and/or title on personal matters (those not related to official city business) is not permitted.

The City will also maintain official City stationery that will include all five current Council members’ names within the letterhead. Staff will use this stationery when preparing official City Council correspondence that will be signed by the Mayor in his/her official capacity asthe Council representative.

2. Personal Stationery. Personal stationery without a City Logo shall be used by any member of the City Council to communicate individual positions, conduct personal correspondence, or communicate positions that may be in opposition to established City Council positions or decisions. Personal stationery shall be printed at the expense of the individual Councilmember, and the aforementioned types of communications shall be mailed at the individual Councilmember’s expense.

3. Correspondence Public Record. All Councilmember correspondence created using City 38 Chapter 8
resources, including, but not limited to, City letterhead are public records and shall be copied to the full Council, the City Manager, the City Attorney, and the City Clerk. The City Clerk’s Office shall retain this correspondence in accordance with applicable records retention regulations.

4. Permission Required. Whenever a Councilmember other than the Mayor wishes to write a letter on City letterhead, he/she should inform the Council (in writing or verbally at an open meeting) what the letter is about and seek Council approval that the letter may be written on City letterhead. Such letters shall only pertain to official City business.

B. Regulations related to Use of Public Resources for Official City Business/ Personal or /Campaign Purposes.

1. Letterhead and Staff. City letterhead and staff support cannot be utilized for personal or political purposes. Any use of the City’s official seal and logo shall be subject to the provisions of Chapter 1.06.040 of the Big Bear Lake Municipal Code and applicable State laws. The use of the City seal, logo, or other insignia on personal matters and correspondence is not permitted.

2. Council Chambers and Staff Photos. The City Council Chamber cannot be used as a location for taking campaign photos or engaging in any form of campaign activity. Any violations of this prohibition may be reported to the Fair Political Practice Commission and any other enforcement agencies, and may further result in reprimand or censure, as provided in Chapter 10. The use of photos with current City staff and City Council candidates in election materials is prohibited.

3. Use of Titling, Labeling or Branding of Individual Council Member Events. When an individual Council member is hosting a special meeting or event that is widely advertised and open to the general public, they are required to include a standard disclaimer message on all promotional materials associated with the event to ensure the participants are aware it is not an official City of Big Bear Lake meeting or event. In addition, all Council members will be requiredto follow the City’s Ordinance related to the use of the official city seal and logo.

4. Use of City Office & Conference Rooms. The City Council will be provided with the use of one office to be shared by all five members of the Council. This office will be equipped with a shared computer and each individual Councilmember will be provided with their own secure login. In addition, all Council members can use any available conference rooms located at City Hall. To ensure availability of the Council’s shared office and/or meeting rooms, please contact the City Clerk Department’s staff to schedule the use of these City facilities during normal City Hall business hours. Then the City’s staff will ensure these rooms are unlocked and set up appropriately per the requested needs (i.e. the heater is turned on, ensure the presentation computer is logged into, set up the appropriate number of tables and chairs, etc.) of the meeting.

5. Use of City Facilities by Individual Council Members. Individual Council members are permitted to utilize available offices, conference rooms, and/or meeting spaces at City Hall and other City facilities as necessary or desired to meet with small groups of constituents and/or other parties for the purpose of conducting individual Council 39 Chapter 8
member business, and should reserve appropriate meeting space with City staff.

Individual Council members hosting a special meeting or event that is widely advertised and open to the general public, with the exception of campaign or election/re-election events which shall not be allowed, may host such events, at City facilities, so long as any required permits are first obtained and all applicable fees are paid by the City Council member, as would be required of any other member of the community or organization.

III. SPEAKING FOR “THE CITY”
A. Issue Position Statements. When members are requested to speak to groups or are asked the Council’s position on an issue, the response should reflect the position of the Council as a whole taken in open session. It is permissible, however, for a Councilmember to clarify his/her vote on a matter by stating: “While I voted against ‘X,’ the City Council voted in support of it.” When representing the City at meetings or other venues, it is essential that those in attendance gain an understanding of the City Council’s position rather than that of an individual member.

B. Communication of Council Policy. The Mayor and individual Councilmembers are not authorized to speak on behalf of the City or the City Council with regard to City or City Council policy or positions, except when such policy or position has been clearly established or when the Mayor or Councilmember has been designated by the City Council as a spokesperson on a given subject.

C. Supporting State or Federal Legislation. The City Council and/or City staff may receive requests to adopt supporting resolutions and/or to provide letters of support relating to issues that have a potential to impact our community. Many of these requests are of an urgent nature and require a prompt response. When a request isn’t time sensitive, the City Manager will include these items on the next City Council meeting agenda to seek approval from the entire City Council. When time is of the essence, the City Council provides authority to the Mayor and/or City Manager to use their judgement to determine if the City should offer their formal support to the requester.

D. Representation at Ceremonial Functions.

1. City Sponsored Events. The Mayor, or Mayor Pro Tem in his/her absence, shall represent the Council at ceremonial functions organized by the City. The Mayor or Mayor Pro Tem may, at his/her own discretion, ask another Councilmember to represent the Council at that function when neither is available. Staff shall also include any Councilmember who has promoted a project or event in any program or agenda in such a function.

2. Non-City Sponsored Events. As a general rule, the Mayor, or the Mayor Pro Tem in his/her absence, shall represent the Council at ceremonial functions not organized by the City upon receipt of an invitation from the sponsor of such event. If neither the Mayor nor the Mayor Pro Tem is available to attend a non-City sponsored event, he/she may designate a replacement. Nothing in this provision is meant to preclude a Councilmember from representing the Council at a ceremonial function where the event organizer has requested that a specific Councilmember attend the function.

Chapter 8
40 E. Appearances before Agencies and Organizations. If a member of the City Council appears before another governmental agency or organization to give a statement on an issue affecting the City, the Councilmember should first indicate the majority position and opinion of the Council. Personal opinions and comments may be expressed only if the Councilmember clarifies that these statements do not represent the position of the City Council.

F. Participation in Community Activities. From time to time, Councilmembers may choose to participate in community activities, committees, events, and task forces. When a Councilmember participates in these types of activities, the Councilmember is acting as an interested party rather than acting on behalf of the City Council. Acting or participating on behalf of the City Council is limited to those instances when the Council has formally designated the Councilmember as its representative for the matter.

G. Business Cards. City Councilmembers will be provided with City Manager approved business cards in increments of 500. No more than one order will be processed within a 12-month period unless approved in advance by the City Manager. City business cards may not be used for personal or financial gain, for obtaining privileges not otherwise available to a Councilmember, or for soliciting political contributions. Councilmembers are prohibited from using any other form of non-approved business cards that contain the City logo or the City seal.

H. City Council Mileage Reimbursement. Council members are not provided access to operate a City owned vehicle. Instead, the City provides each Council member with a monthly “Vehicle Allowance” per an adopted resolution. The current resolution (Resolution No. 88-09), provides a $50 monthly stipend be paid to each Council member and a $100 monthly stipend be paid to the Mayor. This resolution indicates themonthly stipend is intended to reimburse a Council member for their personal vehicle expenses incurred while engaging in official City business. In addition, the City will reimburse Council members for their personal travel expenses (including mileage) incurred while attending City related conferences and training events. The Elected and Appointed Officials Expense Reimbursement Policy (Resolution No. 2006-10) should be referenced to determine all allowable travel reimbursements.

In the event a Councilmember is using their personal vehicle to attend various meetings/trainingsrelated to their individual Agency/Board/Committee (i.e. BBARWA, SCAG, MARTA) assignments, they should seek mileage/travel reimbursement from those organizations.

IV. GUIDELINES AND PROCEDURES FOR CEREMONIAL RECOGNITION ITEMS A. The City Council has a practice of recognizing people, organizations, events and dignitaries that are related to our local community. The City Council will issue proclamations and other recognition items to honor an individual, an organization, recognize a special event or a special day, month or year. City Councilmembers, citizens, or bonafide organizations may request a proclamation and otherrecognition items. Allrecognition requestsrelevantto the Cityof Big Bear Lake will be considered except those related to political, religious, or lifestyle ideology. The City Manager shall determine if the recognition item will be issued by presentation during a City Council meeting, at an event, or mailed to the requester.

Chapter 9
41 CHAPTER 9 - COMMISSIONS, COMMITTEES, AND BOARDS
I. PURPOSE AND GENERAL CONSIDERATIONS
A. Establishment of Ad Hoc Committees. The City Council and/or the Mayor can establish an ad hoc committee. The Mayor shall be responsible for appointing all members of any City ad hoc committee.

B. Role of City Commissions, Committees, Subcommittees, and Boards. Most commissions, committees, subcommittees, and boards established by the City Council are advisory to the City Council. The role of all such commission, committee, subcommittee, or board is to make recommendationsto the City Council on matters affecting the City of Big Bear Lake. Except as otherwise provided in State law, the City Charter, or City ordinances, commissions, committees, subcommittees, and boards have no independent role separate and apart from their role as advisory to the City Council. Commissions, committees, subcommittees, and boards have no authority to appropriate funds or make policy except as otherwise approved by the City Council.

C. Instruction and Training. The Council shall ensure that all members of City committees and commissions are properly instructed on their responsibilities, direction, and performance expectations.

D. Planning Commission. The membership, powers, and responsibilities of the Planning Commission are set forth in the Big Bear Lake Municipal Code and various provisions of State law. In accordance therewith, the Planning Commission has adopted rules for transacting Planning Commission business.

E. Conflict of Interest. All members of commissions, committees, and boards shall abide by the provisions of the Political Reform Act, FPPC regulations, and provisions of the common law relating to conflicts of interest.

II. CITY COUNCIL SUBCOMMITTEES
A. Purpose. The City Council from time to time forms committees composed solely of a portion of its own membership. These committees, often referred to as subcommittees, are formed to study, investigate, and make recommendationsto the full Council regarding specific topics and may be designated as either Standing or Ad Hoc.

1. Standing Subcommittees. These subcommittees have a continuing subject matter jurisdiction or meeting schedules that are fixed by the Council. Regardless of the number of members, Standing subcommittees are required to comply with the Brown Act.

2. Ad Hoc Subcommittees. These subcommittees have a specific purpose and limited duration, no continuing subject matter jurisdiction, and no meeting schedule fixed by the Council. Ad Hoc Subcommittees composed solely of less than a quorum of the City Council membership (2 members maximum) are generally exempt from the Brown Act and thus are not required to schedule regular meetings or post meeting dates and agendas.

Chapter 9
42 B. Subcommittee Formation and Appointment.

1. Standing Subcommittees. The Council may create or dissolve Standing subcommittees at any time by the affirmative vote of a majority of the Council. The Mayor has the discretion to make appointments to such Standing subcommittees himself/herself or to allow a majority of the Council to vote on such appointments.

2. Ad Hoc Subcommittees. The Council or the Mayor may create Ad Hoc subcommittees.

The Mayor has the discretion to make appointments to such Ad Hoc subcommittees himself/herself or to allow a majority of the Council to vote on such appointments.

C. Subcommittee Responsibilities. The responsibilities of subcommittees include making and submitting recommendations and information to the Council for consideration and/or a vote (once properly agendized as noted in Section III.C, below, to ensure compliance with the Brown Act). Staff will work with and support Council subcommittees as required and in accordance with the provisions of Section II of this Chapter.

III. ADMINISTRATIVE SUPPORT FOR CITY COMMISSIONS, COMMITTEES, AND SUBCOMMITTEES.

A. Staff to Provide Support. City staff will provide assistance and support to City commissions, committees, and subcommittees; however, such commissions, committees, subcommittees, and boards do not have supervisory authority over City employees. While staff may work closely with these entities (particularly the Planning Commission), City staff members remain responsible to their immediate supervisors and ultimately to the City Manager. The members of City commissions, committees, and subcommittees are responsible to perform the functions (as set forth in Big Bear Lake Municipal Code or other City Council directive) of their respective committees/commissions.

B. Examples. Staff support includes preparation of an agenda and preparation of reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate back-up materials, if necessary. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues.

C. Procedure for Recommendations to Council. Advisory City commissions, committees, and subcommittees wishing to communicate progress, status, and/or recommendations to the City Council must do so through approved Council agenda procedures. In addition, if such commissions, committees, and subcommittees wish to correspond with an outside agency, such correspondence will be prepared by staff for review by the City Manager and possible approval by the City Council. Individual members of City commissions, committees, and subcommittees who would like City staff to perform research or review a particular issue must gain the approval for such a request from the City Manager before any work is planned or done.

Chapter 9
43 IV. BOARDS, COMMISSIONS, AND COMMITTEES ON WHICH COUNCILMEMBERS SERVE AS CITY

REPRESENTATIVES
A. Outside Agencies. City Councilmembers are appointed to and serve as City representatives on the boards of commissions and/or committees of outside agencies in the region, such as the San Bernardino County Transportation Authority (“SBCTA”), Big Bear Area Regional Wastewater Authority (“BBARWA”), Mountain Transit, and others.

B. Mayor to Make Appointments. Annually, after the first meeting in December, the newly seated Mayor shall make, and publically announce, the Council member appointments to regional Boards, Commissions, and Committees.

C. Absence. Whenever a member of the City Council is unable to attend a regional board or commission to which he orshe is designated asthe City’srepresentative, he orshe shall notify his/her alternate.

D. Duties. Councilmembers serving as City representatives on such outside agencies shall comply with the rules of procedure adopted by such agencies when participating in meetings of such agencies and shall provide updates or reports to the City Council on the activities of such agencies as required.

Chapter 10
44 CHAPTER 10 - ENFORCEMENT
I. WARNING
Violation(s) of State, Federal, or local laws; or of City policy, including the provisions of this Manual, by an individual Councilmember may result in the issuance of a formal warning to the member. The purpose of the formal warning is to acknowledge the violation(s), educate the member, and promote the desired change in behavior or action in the future. The formal warning may be made in the form of a simple motion, and approved by a majority of the City Council.

II. REPRIMAND
Multiple or repeated violations of State, Federal, or local laws; or of City policy, including the provisions of this Manual, may result in the issuance of a formal written reprimand to an individual Councilmember. The purpose of the formal written reprimand is to convey heightened concern regarding the violation(s), and further impress upon the member the need for a change in behavior or action in the future. The formal written reprimand shall be made in the form of a resolution approved by a majority of the City Council.

III. CENSURE
Censure is a formal resolution of the City Council that reprimands one of its own members for specified conduct, generally a violation of State, Federal, or local laws; or of City policy, including the provisions of this Manual (hereinafter collectively “Law”). Censure should not follow an occasional error in judgment that occurs in good faith and is unintentional, but it is appropriate when the violation is considered to be a serious offense or the conduct involves intentional and repeated violations of Law or City policy after other Councilmembers have informed the offending Councilmember of the violation(s). Censure carries with it no fine or suspension of the rights of the member as an elected official, but it nonetheless is a punitive action for wrongdoing.

IV. CENSURE PROCEDURE
A. Request for Censure Hearing. During the open portion of any regular or special meeting of the City Council, any Councilmember may make a motion to calendar a censure hearing concerning the volatile conduct of one of its members.

1. Specific Allegations. The request must include specific allegations of the conduct that constitutes a violation of the Laws or City policy upon which the proposed censure is based.
2 Support; Hearing or Investigation. If a majority of Councilmembers support the request then a) direction shall be given to City Manager to calendar the item for a future agenda or b) the Council shall appoint an ad hoc committee to investigate the charges.

3. When No Investigation Required. If the conduct or violation alleged is patent or otherwise clearly apparent, setting of the censure hearing shall proceed in accordance with Subsection C, below.

Chapter 10
45 B. Investigation. If a majority of the Council determines an investigation is warranted, the Council shall designate an ad hoc committee consisting of two of its members, one of which shall be the Mayor, to conduct the investigation. If the Mayor is the subject of the charges, the Mayor Pro Tem shall be appointed in lieu of the Mayor to serve on the ad hoc committee.

1. Independent Investigator. The Council may select an independent investigator to assist in conducting the investigation. The independent investigator would be managed by the ad hoc committee to conduct the investigation.

2. Process for Taking Statements. In the course of the investigation, the committee must determine the process by which statements are taken. A witness may choose to provide a signed declaration under penalty of perjury attesting to his or her knowledge of the facts surrounding the allegations. If a witness is unwilling to submit such a declaration, the Council may issue a subpoena to compel the witness' testimony, consistent with its subpoena power granted under the Government Code.

3. Conclusion of Investigation. At the conclusion of the investigation, the results shall be presented in writing to the full Council. Based on the results and upon a majority vote of the Council, a censure hearing may be set in accordance with Subsection C, below.

4. Investigation Guidelines. The following guidelines apply to ad hoc committee investigations:
(a) The committee may be staffed by administrative and legal staff. (b) If authorized by City Council, the committee may subpoena witnesses and documents. (c) In making a determination to hold a censure hearing, the committee should determine if after taking all the facts and evidence into consideration, there are reasonable grounds to believe or not believe that the conduct, violation, or offense occurred.
(d) The committee shall issue a final report and recommendationsto the City Council. The final report shall be made available to the public.

C. Censure Hearing. If a censure hearing is set, it must be set far enough in advance to give the Councilmember subject to the charges adequate time to prepare a defense. That member shall be given the opportunity to make an opening and closing statement and to question his or her accusers. The Councilmember subject to the charges may be represented and may have the representative speak or question on his or her behalf. The Mayor, or the Mayor Pro Tem if the Mayor is the subject of the charges, shall preside at the hearing. The rules of evidence shall not apply to the hearing, which is not a formal adversarial proceeding. The City Attorney or designee shall provide legal advice to the City Council during the hearing.

D. Resolution of Censure. A decision to censure requires the adoption of a resolution making findings with regard to the specific charges, based on substantial evidence, and approved by the affirmative vote of at least three (3) Councilmembers. In accordance with Government Code section 995, upon request of a Councilmember, the City may reimburse the Councilmember’s reasonable attorney fees and costs in defending himself/herself.

Chapter 10
46 V. REMOVAL
A. Disruptive Conduct by Councilmember During Meeting.

1. In addition to the foregoing and as set forth in Section III.C of Chapter 5 of this Manual, the provisions of Government Code Section 36813 shall be applicable to the conduct of Councilmembers during Council meetings. Said Section provides:

The City Council may establish rules for the conduct of its proceedings. It may punish a Councilmember or other person for disorderly behavior at a meeting. In accordance with Section 36813 and Section III.C of Chapter 5 of this Manual, the punishment may include removal from the Council Meeting of the disruptive Councilmember upon a majority vote of the City Council. A motion for removal may be made by any Councilmember, including the Mayor, and is not debatable. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, andviewpoint-neutral manner.

VI. ACKNOWLEDGEMENT OF RECEIPT AND UNDERSTANDING OF MANUAL Upon first entering office, upon election to any subsequent term, or whenever this City Council Policy, Procedures and Rules of Order Manual is updated by City Council Resolution, every Councilmember shall sign a statement affirming that he/she has received, read, and understood the provisions set forth in this Manual and furthermore agrees to abide by them.

MEETING DATE: March 7, 2022
TO: Honorable Mayor Herrick and Members of the City Council FROM: Frank A. Rush, Jr., City Manager
SUBJECT: City Manager Comments – Item 3.2

RESOLUTION ISSUING WRITTEN REPRIMAND TO

COUNCIL MEMBER ALAN LEE FOR VIOLATION OF

THE CITY OF BIG BEAR LAKE COUNCIL RULES OF ORDER

ACTION TO BE CONSIDERED
City Council will discuss and consider the possible adoption of a formal resolution issuing a written reprimand to Council Member Alan Lee.

RECOMMENDED MOTION(S)
Motion to adopt Resolution Issuing Written Reprimand to Council Member Alan Lee for Violation of the City of Big Bear Lake Council Rules of Order.

RESPONSIBLE STAFF Steve Deitsch, City Attorney

ADDITIONAL CITY MANAGER COMMENTS
None.

MEETING
DATE: March 7, 2022
TO: Honorable Mayor and Members of the City Council
THROUGH: Frank A. Rush, Jr., City Manager
FROM: Stephen P. Deitsch, City Attorney
SUBJECT: Resolution Issuing Written Reprimand to Council Member Alan Lee for Violation of the City of Big Bear Lake Council Rules of Order

BACKGROUND
On February 25, 2022, the City Council meet in a special meeting to discuss current City Council group dynamics and issues concerning Council Member conduct. Among other matters, the City Council discussed the need for and substance of any desired amendment to the City Council Rules of Order, including possible adoption of a new City Council Policy and Procedures Manual similar to that adopted by the City of Victorville, which contains provisions similar to those in the current Big Bear Lake Council Rules of Order plus additional policies and procedures.

DISCUSSION
As a result of the February 25, 2022, City Council special meeting, the Council decided that consideration at the March 7 City Council meeting of a formal reprimand of Council Member Alan Lee was warranted. In particular, Council Members expressed complaints that Council Member Lee has violated the Big Bear Lake Council Rules of Order and other norms reasonably applicable to a Council Member.

As a result of the foregoing, the City Council directed the City Attorney to prepare a Resolution of Reprimand for Council Member Lee. Such a Resolution is not as severe as a Resolution of Censure, which would in the opinion of the City Attorney reasonably require the application of due process in the form of notice and a hearing. The Resolution of Reprimand in effect would be a warning that if conduct deemed unacceptable by the Council continues, the next step could be setting a hearing on consideration of adoption of a Resolution of Censure.

FISCAL IMPACT
This action has no fiscal impact.

ENVIRONMENTAL CONSIDERATIONS
This action is not subject to environmental review under the California Environmental Quality Act (CEQA).

ATTACHMENTS

1. Resolution No. 2022-XX

2. City of Big Bear Lake Council Rules of Order (November 1, 2021) ATTACHMENT 1
Resolution No.
2022-XX

RESOLUTION NO. 2022-XX

RESOLUTION ISSUING WRITTEN REPRIMAND TO

COUNCIL MEMBER ALAN LEE FOR VIOLATION OF THE

CITY OF BIG BEAR LAKE COUNCIL RULES OF ORDER
WHEREAS, the City Council of the City of Big Bear Lake has a duty to the residents of Big Bear Lake and to the Big Bear Lake employees to ensure that the laws of the State of California and the City of Big Bear Lake, and the rules, regulations and policies of the City of Big Bear Lake, are followed by all Members of the City Council, and that Members of the City Council demonstrate the highest level of professionalism and respect while acting in the course and scope of their office; and
WHEREAS, in the past and at its Special Meeting on February 25, 2022, complaints were expressed by City Council Members in attendance concerning Council Member Alan Lee, and such complaints generally asserted that he has demonstrated a pattern of disregard for the rules and policies that apply to and govern Council Members and City business including, without limitation, the Council Rules of Order adopted by the City Council on November 1, 2021, as amended; and
WHEREAS, the City Council has determined that Council Member Alan Lee has violated rules and policies as more particularly set forth below, has brought disrepute to the City of Big Bear Lake, and has caused a hostile environment among Council Members and staff at city hall to the detriment of the City; and
WHEREAS, the City Council does not condone this type of behavior, and reluctantly finds it necessary and prudent to declare its strong disapproval of such conduct; and WHEREAS, the City Council further determines that adoption of this Resolution is necessary to affirm that such conduct will not be tolerated and to prevent such conduct from being repeated; and
WHEREAS, the City Council desires to use this reprimand as a means to avoid future consideration of censure of Council Member Alan Lee, which if necessary due to continued conduct such as described herein or otherwise would be the next step for consideration by the City Council and would involve notice and a hearing prior to adoption of a Resolution of Censure; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Big Bear Lake, California, as follows:

Section 1.The City Council finds that the Recitals set forth above are true and correct.

Section 2. The City Council finds that Council Member Alan Lee has engaged in the following conduct in violation of the City of Big Bear Lake Council Rules of Order (various Sections set forth below) and other reasonable standards of official and professional behavior:

A. Violation of Section 2(e)(1).

Council Member Alan Lee has demonstrated open hostility, yelling, bullying, disrespect, and confrontational behavior in and following Council meetings that has resulted in disrupting the peace and deliberative function of the Council, has disrupted the conduct of City staff by causing extraordinary and often unnecessary extra work assignments to accommodate his asserted but unsupported needs, has delayed and unnecessarily extended City Council meetings by repetitive statements and referring to matters which could instead easily have been addressed to or with City staff in advance of Council meetings, and has made unsupported or deceptive personal attacks on and misrepresentations about the Mayor, fellow Council Members, and the City Manager in communications at Council meetings.

B. Violation of Section 5.

Council Member Alan Lee has excessively and impermissibly directed the City Manager and City staff to initiate projects and reports, significant in scope and nature as addressed in the Council Rules of Order, and to gather information without approval of the City Council, including requests for information unrelated to the business at-hand. His requests have had a significant impact on the workload of the City Manager and City staff, at significant cost to the City.

C. Violation of Section 7(a).

Council Member Alan Lee has inappropriately blocked and deleted features on his social media platforms and posted commentary in a manner that may cause harm to the City’s interests and expose the City to legal liability.

D. Violation of Section 7(b).

Council Member Alan Lee has failed to reasonably use his City email account for his Cityrelated business, resulting in a significant inability for City staff to access all his City-related emails for purposes of responding to Public Records Act requests. This has exposed the City to claims and potential litigation alleging that the City has not produced all responsive documents, including his emails, pursuant to a Public Records Act request. This has also resulted in a lack of transparency by Council Member Alan Lee.

E. Violation of Section 7(e).

Council Member Alan Lee's newsletters have incorrectly or misleadingly labeled themselves as reports from City Hall, using stock photography of City Hall with the City’s seal or logo.

Council Member Lee has also not included the standard disclaimer for his individually hosted events and meetings that would clearly indicate that these are not official City meetings or events. Stories in such newsletters have been demonstrably misleading, creating false impressions, reciting only partial facts or making incorrect factual statements.

Section 3: The City Council finds that in engaging in such improper, unprofessional and unacceptable conduct, Council Member Alan Lee was acting solely on his own and without any authorization or ratification by the City Council, all contrary to the foregoing Council Rules of Order and general norms of conduct, and contrary to the legitimate and best interests of the City.

Section 4: The City Council hereby reprimands Council Member Alan Lee for the conduct described herein and expresses the strongest possible disapproval and disavowal thereof.

Section 5: It is the intent of the City Council that in the event of any continued or future improper or unprofessional conduct by Council Member Alan Lee in violation of the Council Rules of Order, including any amendment thereof or adoption of new Rules of Order or a City Council Policies and Procedure Manual, or conduct contrary to reasonable norms applicable to Council Members, then the City Council may consider setting a hearing for consideration of adoption or a Resolution of Censure of Council Member Lee.

PASSED, APPROVED AND ADOPTED this 7th day of March, 2022.

Rick Herrick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2022-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 7th day of March, 2022 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________
Erica Stephenson, City Clerk
ATTACHMENT 2
City of Big Bear
Lake Council
Rules of Order
(November 1,
2021)

CITY OF BIG BEAR LAKE

COUNCIL RULES OF
ORDER
Adopted 11-1-2021
1 OF 12

CITY COUNCIL RULES OF ORDER

1. COUNCIL MEETINGS
All meetings of the Council shall be open to the public, except as provided by law. (a). Regular Meetings
Regular meetings of the Council shall be held in accordance with the schedule outlined in the Municipal Code and the adopted regular meeting calendar. All Regular Meetings shall adjourn by 10:00 pm unless a majority of the City Council votes to continue the meeting past the fixed time of adjournment. Any motion to extend the meeting beyond 10:00 pm shall include a list of specific Agenda items to be considered and shall specify in which order these items shall be handled. Any Agenda items not considered prior to 10:00 pm and not included in a motion to extend the meeting shall automatically be continued for consideration at the next regularly scheduled City Council meeting.

The annually approved meeting schedule will include regular City Council meetings held on the first and third Monday of each month except when there are City observed holiday conflicts or other holiday related scheduling considerations. When the Meeting Calendar allows for Council to hold a second regular monthly meeting, that Agenda will be tailored specifically for Council to participate in focused discussions related to significant City issues, initiatives, and other important time-sensitive topics, in more of a workshop format.

All Regular Meetings of the City Council will be broadcast live on a local cable channel and on the City’s website, except in rare instances when unforeseen scheduling or technical issues may arise. (b). Special Meetings/Workshops
Special meetings and workshops are meetings of the Council held on special or irregular dates and may be called by three or more members of the Council or by the Mayor. The City Clerk shall prepare and mail, personally deliver, or deliver by any other means that ensures receipt, to each member of the City Council, and to each local newspaper and radio that has requested notice in writing at least 24 hours before the time of the meeting, a notice of special meeting stating time, place, and business to be transacted. Only matters set forth in the notice of the meeting shall be discussed at such meeting and no ordinance (other than urgency ordinances) may be adopted. In the event of conflict between this paragraph and the provisions of Section 54956 of the Government Code governing special meetings, the latter section shall prevail.

All Special Meetings of the City Council will be broadcast live on a local cable channel and on the City’s website, except in rare instances when unforeseen scheduling or technical issues may arise. (c). Closed Sessions
2 OF 12
The Council may, from time to time, meet in closed session, not open to the public nor news media, in accordance with the Ralph M. Brown Act.

2. CONDUCT OF BUSINESS
At an hour set by ordinance on the day of each regular meeting, each member of the Council, the City Manager, the City Clerk, the City Attorney, and such Department Heads or others as have been requested to be present shall take their regular stations in the Council Chambers. However, members of the Council may participate in Council meetings by teleconferencing, in accordance with Section 54993 of the Government Code. The business of the Council shall be conducted in substantially the order and in the manner as herein provided and, so far as practicable, in accordance with parliamentary rules as laid down in Robert’s Rules of Order (as most recently revised and unless otherwise addressed in this Policy). (a). Quorum
Three members of the Council shall constitute a quorum for the transaction of business. When there is no quorum, the Mayor, Mayor Pro Tem, or any member of the Council shall adjourn such meeting, or if no member of the Council is present, the City Clerk shall adjourn the meeting. For the purpose of considering any item subject to vote of the Council, when a member of the Council disqualifies him/herself due to a conflict of interest, his/her presence shall not be counted toward a quorum and that person shall not be permitted to vote unless required pursuant to the rule of necessity. The rule of necessity shall not be applied where any member of the Council is absent.

If the Council loses a quorum due to a disqualification and the rule of necessity does not apply, the remaining Council members may continue to discuss the item as a committee of the whole, but they shall not take action on the item.

Unless otherwise provided for in the Municipal Code, a majority of the Council shall be sufficient to do business and motions may be passed 2 to 1, if only 3 members of the Council attend. The following matters, however, require three affirmative votes: adoption of ordinances, resolutions granting franchises, orders for payment of money, and selection of presiding officers. (1). Legally Required Participation
If a majority of the Council shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Council shall select by lot or other means of random selection that number of its disqualified members which, when added to the members eligible to vote shall constitute a quorum.
(2). Absences
Any member of the Council not in attendance at a Council meeting shall be noted as “absent.” Such absences shall be considered unexcused, unless the City Council formally excuses an absence by a majority vote, in which case the absent member of the Council shall be noted as “excused.”
(b). Rules of Debate
3 OF 12
(1). Recognition
Every member of the City Council desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, shall confine him/herself to the question under debate.
(2). Rights of Presiding Officer
The Presiding Officer may move, second, and debate from the chair; subject only to such limitations of debate as are by these rules imposed on all members of the City Council and shall not be deprived of any of the rights or privileges of a member of the Council due to his/her acting as the Presiding Officer.
(3). Interruptions
No member of the Council, once recognized, shall be interrupted when speaking unless it is to call him/her to order or as otherwise provided herein. If a member of the City Council is called to order while speaking, he/she shall cease speaking until the question of order is determined and, if in order, shall be permitted to proceed. (4). Motion to Reconsider
A motion to reconsider any action taken by the Council may be made only on the day the action was taken or at the next succeeding recessed or adjourned session thereof. Such motion must be made by one of the prevailing side, but may be seconded by any member of the City Council, and may be made any time with precedence over all other motions or while a member of the City Council has the floor. It shall be debatable and requires only majority vote. Action that cannot be reversed cannot be reconsidered. Nothing herein shall be construed to prevent any member of the Council from making or remaking the same or other motion at a subsequent meeting of the City Council. (c). Resolutions/Ordinances
(1). Resolutions
As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of public conduct for long-term application) are taken by ordinance, whereas more routine business and administrative matters (usually more transitory in nature or a singular act like approving a budget amendment) are accomplished by resolutions. The adoption of a resolution will be referenced in the meeting minutes and will be recorded in a separate document, numbered in sequence and preserved in a separate set of books. Such resolutions are used in this City for various reasons, such as when specifically required by law, when needed as a separate evidentiary documents to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document with the additional “whereas” explanatory material it often 4 OF 12
recites to facilitate such future reference and research. (2). Ordinances
An ordinance shall not be passed within five days of its introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction at either a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by unanimous vote of the Council members present, all ordinances shall be read in full either at the time of introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after introduction of the altered ordinance.

Corrections of typographical or clerical errors are not alterations within the meaning of this section.

Effective Date: All ordinances, except as provided in Section 36937 of the Government Code, shall take effect 30 days after adoption, but may be made operative at such later date as may be designated in the ordinance.

Publishing: It shall be the duty of the City Clerk to post or publish all ordinances in accordance with Section 36933 of the Government Code.

Urgency Ordinance: All urgency ordinances must receive four (4) affirmative votes to be adopted and to become effective immediately. If such an ordinance fails to receive a 4/5 majority, it may thereafter be considered and passed in the same manner as regular ordinances.
(d). Addressing the City Council
Each person, after having received permission from the Presiding Officer to address the City Council, shall step to the microphone and give his/her name and city of residence for the record before proceeding. All remarks shall be addressed to the City Council as a body only. No person other than a member of the Council and the person having the floor shall enter into any discussion without permission of the Presiding Officer. Public comment is permitted on items not on the agenda that are within the subject matter jurisdiction of the City, and on agenda items. Subject to reduction in the maximum time limit in the discretion of the Presiding Officer, there is a three minute maximum time limit when addressing a respective board (City Council, Fire Protection District or Successor Agency). Any qualified and interested person following this procedure shall have the right to be heard on the following items of business:
(1). Staff Reports/Discussion Items
Interested persons or their representatives may address the Council with regard to written communications referred to in the report of the City Manager or any Department Head. 5 OF 12
Those who desire to address the Council must complete and submit a speaker’s card before the item is brought to the floor for discussion. The Presiding Officer will call for speakers when the item is discussed. Subject to reduction in the maximum time limit in the discretion of the Presiding Officer, there is a three minute maximum time limit when addressing a respective board. Any speaker card submitted after the Council begins to discuss the item is subject to the following procedure: first, the Presiding Officer will seek consensus from the Council to consider hearing from the speaker and if permitted the speaker will then have one minute to provide his/her comment(s). (2). Public Hearings
Interested persons or their authorized representatives may address the Council in regard to matters then under consideration. Those who desire to address the Council must complete a speaker’s card. The Presiding Officer will call for speakers when the item is discussed.

Subject to reduction in the maximum time limit in the discretion of the Presiding Officer, there is a three minute maximum time limit when addressing a respective board. If the item involves an applicant (i.e. development project, etc.), the applicant shall have ten minutes to present their item to the Council and/or address questions brought before the Council from members of the public. The Presiding Officer may entertain a motion to extend the applicant’s time if needed. Any speaker card submitted after the public hearing has been closed is subject to the following procedure: first, the Presiding Officer will seekconsensus from the Council to consider re-opening the public hearing. If the hearing is re- opened and the speaker permitted, he/she will then have one minute to provide his/her comment(s).

Any Council member shall disclose during the hearing and prior to voting, for the record, when applicable, that he/she communicated independently with any project applicant, or with any proponent or opponent, or with their representatives, concerning the project or proposal under consideration, and shall disclose the substance of the communication. (3). Spokesman for a Group of Persons
Whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Presiding Officer to request that a spokesman be chosen by the group to address the Council.
(4.) Written Public Communications
Members of the public may submit written or email communications to the City Council at any time prior to or during the City Council meeting, and all Council members will make every effort to read and consider such communications prior to consideration of the specific agenda item. However, in order to ensure receipt by Council members and allow for thoughtful consideration of the comments, members of the public are encouraged to submit written or email communications no later than 10 hours prior to the start of the meeting.
(e). Code of Conduct
(1). Council
6 OF 12
Council members value and recognize the importance of the trust vested in them by the public to accomplish the business of the City. All Council members shall accord the utmost courtesy and professionalism toward each other, the City employees, and to the public appearing before Council. Members of the City Council must preserve order and decorum during the conduct of official City business. At all times, Council members in the minority on an issue shall respect the decision and authority of the majority. No Council member shall intentionally delay Council proceedings by lengthy conversation or otherwise, interrupt the peaceful and efficient conduct on the meeting in anyway, nor disturb any other member while speaking, nor refuse to obey the orders of the Presiding Officer, except as otherwise herein provided.
(2). Other Persons
The Presiding Officer shall admonish any speaker from the public who shall make any personal, impertinent, or slanderous remarks or become boisterous while addressing the City Council.
(3). Enforcement
The chief law enforcement officer, or his/her authorized representative, shall be ex-officio Sergeant-at-Arms of the City Council. He/she shall carry out all orders and instructions of the Presiding Officer for the purpose of maintaining order and decorum in the Council Chamber. Upon instructions of the Presiding Officer, it shall be the duty of any law enforcement officer present to eject from the Council Chamber any person in the audience who uses loud, boisterous, or profane language at a Council meeting that disrupts the orderly conduct of the meeting, or any person who persistently interrupts the proceedings of the Council or refuses to keep quiet or take a seat when ordered to do so by the Presiding Officer, and to place under arrest any person who is violating the law. (f). Call to Order
At the hour appointed for the meeting, the Presiding Officer shall take the chair and call the Council to order. The Mayor, or in his/her absence the Mayor Pro Tem, shall be the Presiding Officer. In the absence of the Mayor and the Mayor Pro Tem, the City Clerk shall call for a motion to select a Council member to serve as Mayor Pro Tempore and call the meeting to order, whereupon the Mayor Pro Tempore shall relinquish the chair at the conclusion of the business then before the City Council. Upon the arrival of the Mayor or the Mayor Pro Tem during the course of a meeting, the Mayor Pro Tempore shall relinquish the chair at the conclusion of the business then before the City Council.
(1).Duties of Presiding Officer
The Presiding Officer shall assume his/her place and duties immediately following his/her election. He/she shall preserve strict order and decorum at all meetings, have the power to limit the time of any citizen speaking from the floor, state questions coming before the City Council, and announce the Council’s decision on all subjects. He/she shall vote on all motions. The Mayor shall sign all ordinances and other documents adopted and approved 7 OF 12
by the Council.
(2).Changes to the Order of Business
The Mayor can seek consensus from the City Council to change the order of business at any time during the meeting; however, business will usually be considered in the order shown on the agenda.
(g). Invocation
All Regular City Council Meetings will include an invocation after the open session meeting is officially called to order and the Pledge of Allegiance is recited. The brief invocation is intended to reflect upon the community’s shared ideals and common ends before the City Council embarks on the business of governing. To ensure objectivity in the selection of the speaker of the invocation, on an annual basis the City will compile a list of all known local individuals who are willing to volunteer to provide an invocation. The invocation speakers will be selected without preference to any specific religion, belief, faith, or ideology. No guidelines or limitations shall be issued by the City regarding invocation content, except that the invocation may not proselytize or advance any faith, or disparage the religious faith or non-religious views of others.

Staff will make every effort to schedule a local religious or other leader to give the invocation, but in the event a religious or other leader cannot be scheduled, there is a last minute cancellation or the scheduled speaker fails to appear, a moment of silence will be observed in lieu of the invocation.
(h). Parliamentarian
The City Attorney shall act as the Parliamentarian and shall decide all questions of order. In the absence of the City Attorney, the City Manager shall act as the Parliamentarian. (i). Roll Call
Before proceeding with the business of the Council, the City Clerk shall call the roll of the member of the Council and the names of those present shall be entered in the minutes. The order of roll call shall be alphabetical with the Mayor called last.
(j). Adoption of Consent Calendar
Adoption of the Consent Calendar may be made by one motion by the Council, providing the audience has been so advised and unless any Council member, individual, or organization has any questions or wishes to make a statement on any particular item on the Consent Calendar. In that event, the Presiding Officer may defer action on the particular matter or matters and place same on the regular agenda for consideration in any order he/she deems appropriate.

Items of routine or procedural nature shall be placed on the Consent Calendar portion of the Agenda. All items may be approved by one blanket motion. Prior to, or following review of, the Consent Calendar, any Council member may request that any item be withdrawn from the Consent Calendar for separate consideration. However, any Council member may abstain from voting on any consent item without requesting its removal from the Consent Calendar, and the City Clerk 8 OF 12
shall be instructed to record such abstentions in the minutes. (k). Voting
(1). Roll Call Vote
All votes of the City Council shall be by roll call. The City Clerk shall call the names of each member of the Council, except that the name of the Presiding Officer shall be called last.
(2). Silence Constitutes Affirmative Vote
In all voting, unless a member of the Council states he/she is not voting due to a conflict of interest, his/her silence shall be recorded as an affirmative vote. (l). Council Business
(1). Committee/Board Reports
Each Council member shall give a brief report on respective committee, Agency and/or Board meetings attended since the last City Council meeting (e.g., MARTA, BBARWA, etc.)
(2). Council Member Board / Committee Reports & Comments Any Council member may make a general announcement under this item (i.e. community event, anniversary celebration, etc. Comments shall pertain to items not on the posted agenda.
(3). Council Agenda Item Requests
Any City Council member, with the concurrence of one additional Council member, may request to place an item on an upcoming City Council meeting agenda, providing the City Manager with at least 30 days’ notice in order to provide ample time for staff preparation.

Such requests may be made during “Council Member Board / Committee Reports & Comments” in a City Council meeting, or may be made directly to the City Manager at any other time. The City Manager may also place items on the City Council meeting agenda as necessary in his / her judgement to further ongoing City initiatives, meet Federal / State / other requirements, address perceived community needs and to take advantage of beneficial opportunities.

3. MINUTES
(a). As an Official Record
The official action minutes of the City Council will be kept by the City Clerk in a minute book with a record of each particular type of business transacted set off in paragraphs with proper sub- 9 OF 12
heads. The City Clerk shall be required to make a record only of such business as was actually passed upon by a vote of City Council and shall not be required to record any remarks of any member of the City Council or of any other person. Names or persons addressing the City Council, the title of the subject matter to which their remarks related, and whether they spoke in support of or in opposition to such matter shall be entered in the minutes. (b). Recordings
The City Clerk will electronically record all regular City Council meetings, with the exception of closed sessions, and will retain the video recordings per the City’s Records Retention Schedule.

At his/her discretion, the City Clerk may retain video recordings for a longer period. (c). Distribution of Minutes
As soon as possible after each meeting, the City Clerk shall furnish a copy of the minutes to each Council member, the City Manager, each Department Head, and any other individuals designated by the City Clerk or City Manager.
(d). Reading of Minutes
Unless the reading of the minutes of a Council meeting is requested by a member of the Council, the minutes may be approved without reading if the City Clerk has previously furnished each member of the Council with a copy thereof.
(e). Approval of Minutes
Minutes may be approved by placement on the Consent Calendar. All Council members may vote on such approval, even if they were absent from the applicable meeting.

4. GENERAL CITY COUNCIL RELATED MATTERS
(a). Proclamation and Resolutions of Support Protocol
The City Council has a practice of recognizing people, organizations, events and dignitaries that are related to our local community. The City Council will issue proclamations and other recognition items to honor an individual, an organization, recognize a special event or a special day, month or year. City Council members, citizens, or bonafide organizations may request a proclamation and other recognition items. All recognition requests relevant to the City of Big Bear Lake will be considered except those related to political, religious, or lifestyle ideology. The City Manager shall determine if the recognition item will be issued by presentation during a City Council meeting, at an event, or mailed to the requester.

Occasionally, the City Council and/or City staff will receive requests to adopt supporting resolutions and/or to provide letters of support relating to issues that have a potential to impact our community. Many of these requests are of an urgent nature and require a prompt response. When a request isn’t time sensitive, the City Manager will include these items on the next City Council meeting agenda to seek approval from the entire City Council. When time is of the essence, the City Council provides authority to the Mayor and/or City Manager to use their judgement to 10 OF 12
determine if the City should offer their formal support to the requester.

5. COUNCIL-MANAGER RELATIONS
Individual Council members shall not direct staff to initiate any action or prepare any report that is significant in nature or initiate any project or study. All such direction shall be provided by the City Manager or by action of a majority of the City Council at a City Council meeting. Council members may ask for limited resources and information for items that are on an agenda as long as any information is distributed to all City Council members.

Any concerns by a member of Council over the behavior or work of a City employee should be directed to the City Manager privately to ensure that the concern is resolved.

6. MAYOR/MAYOR PRO TEM APPOINTMENT PROCESS AND COMMITTEE/AGENCY ASSIGNMENTS The appointments of the Mayor and Mayor Pro Tem shall be made on an annual basis at the first regular City Council meeting in December. Prior to this meeting, the Council and Council-elect (in even numbered years) will be invited to participate in a regularly scheduled or special meeting in November to provide each Council member and/or Council member-elect the opportunity to express their interests in becoming the Mayor or Mayor Pro Tem and/or in participating in various committees and agencies.

In order for a Council member to qualify to become the Mayor they would need to have served for at least one year as a Council member and one year as the Mayor Pro Tem, except in such instances in which no Council member meets the foregoing requirements. In order for a Council member to qualify to become the Mayor Pro Tem they would need to have served for at least one year as a Council member, except in such instances in which no Council member meets the foregoing requirement.

At the regular City Council meeting in December, or as soon thereafter as possible, the City Council will formally determine and vote on the Mayor and Mayor Pro Tem selections. Then the newly seated Mayor shall make, and publicly announce, the Council member appointments to Committee/Agency assignments.

The City Council and/or the Mayor can establish an ad hoc committee. The Mayor shall be responsible for appointing all members of the City’s ad hoc committees.

7. MISCELLANEOUS
(a). Use of Social Media
Although social media has become an effective communication tool used by local government to provide direct communications with the community, elected officials need to be mindful to not use social media in a manner that could harm the City’s interest. In addition, Council members should be cautious with their social media postings in an effort to avoid inadvertently conducting serial meetings that would violate the notice and public meeting requirements. When Council members are making decisions about how to engage on social media, they should take a number of legal considerations into account such as; the Brown Act, the Public Records Act, due process, and First Amendment Considerations. If a City Council member is unsure about how their particular uses of social media may or may not conflict with the current governmental regulations, it is advisable 11 OF 12
that they consult with the City Attorney.
(b). Use of City Issued Email Account
A majority of the City Council members’ emails are subject to disclosure under the California Public Records Act (PRA) and must be retained and accessible in the event of an applicable PRA request. Therefore, each Council member will be issued a City email address (i.e. @citybigbearlake.com) to be used for all City Council related email correspondence. The City email account will include an official email signature that identifies City Council members in their official designations (i.e. Mayor, Council Member) and includes an important public disclaimer informing all recipients that their email correspondence with the elected official may be subject to a PRA request.

In addition, Council members need to be aware that their email correspondence is subject to the requirements of the Brown Act. While the Brown Act does not prohibit the use of email to make individual contacts between members of the Council, public or staff, great care should be taken to avoid the use of email to contact a majority of the Council which may unintentionally result in conducting a serial meeting.
(c). Use of City Stationery
Individual City Council members will be provided with official City stationery for use as they deem appropriate. A copy of all City Council correspondence that was not originally prepared by City staff will be provided to the City Clerk’s Office to be retained in accordance with applicable records retention regulations.

The City will also maintain official City stationery that will include all five current Council members’ names within the letterhead. Staff will use this stationery when preparing official City Council correspondence that will be signed by the Mayor in his/her official capacity as the Council representative.
(d). Use of City Office & Conference Rooms
The City Council will be provided with the use of one office to be shared by all five members of the Council. This office will be equipped with a shared computer and each individual Council member will be provided with their own secure login. In addition, all Council members can use any available conference rooms located at City Hall. To ensure availability of the Council’s shared office and/or meeting rooms, please contact the City Clerk Department’s staff to schedule the use of these City facilities during normal City Hall business hours. Then the City’s staff will ensure these rooms are unlocked and set up appropriately per the requested needs (i.e. the heater is turned on, ensure the presentation computer is logged into, set up the appropriate number of tables and chairs, etc.….) of the meeting.
(e.) Use of Titling, Labeling or Branding of Individual Council Member Events When an individual Council member is hosting a special meeting or event that is widely advertised and open to the general public, they are required to include a standard disclaimer message on all promotional materials associated with the event to ensure the participants are aware it is not an 12 OF 12
official City of Big Bear Lake meeting or event. In addition, all Council members will be required to follow the City’s Ordinance related to the use of the official city seal and logo. (f.) Use of City Facilities by Individual Council Members Individual Council members are permitted to utilize available offices, conference rooms, and/or meeting spaces at City Hall and other City facilities as necessary or desired to meet with small groups of constituents and/or other parties for the purpose of conducting individual Council member business, and should reserve appropriate meeting space with City staff. Individual Council members hosting a special meeting or event that is widely advertised and open to the general public, with the exception of campaign or election/re-election events which shall not be allowed, may host such events, in accordance with section 7(e) above, at City facilities, so long as any required permits are first obtained and all applicable fees are paid by the City Council member, as would be required of any other member of the community or organization. (g.) City Council Mileage Reimbursement
Council members are not provided access to operate a City owned vehicle. Instead, the City provides each Council member with a monthly “Vehicle Allowance” per an adopted resolution.

The current resolution (Resolution No. 88-09), provides a $50 monthly stipend be paid to each Council member and a $100 monthly stipend be paid to the Mayor. This resolution indicates the monthly stipend is intended to reimburse a Council member for their personal vehicle expenses incurred while engaging in official City business. In addition, the City will reimburse Council members for their personal travel expenses (including mileage) incurred while attending City related conferences and training events. The Elected and Appointed Officials Expense Reimbursement Policy (Resolution No. 2006-10) should be referenced to determine all allowable travel reimbursements.

In the event, a Councilmember is using their personal vehicle to attend various meetings/trainings related to their individual Agency/Board/Committee (i.e. BBARWA, SCAG, MARTA) assignments, they should seek mileage/travel reimbursement from those organizations. (h.) “In God We Trust” and “E Pluribus Unum” Motto
America’s national motto, “In God We Trust”, and America’s de facto motto, “E Pluribus Unum” will be displayed under the City seal in the Council’s meeting chambers as a symbol of the City of Big Bear Lake’s national patriotism.
(i.) Use of Electronic Communication Devices During Council Meetings Council members are discouraged from using email, text message, social media, or other personal electronic communications devices during Council meetings. Council members should remain fully engaged in the Council’s business at hand, and should also take care to prevent the perception of a Brown Act violation, ensure the integrity of quasi-judicial proceedings, and prevent the perception that other unknown parties are influencing Council decisions during the meeting.

Adopted by City Council: 11-1-2021

MEETING
DATE: March 7, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Frank A. Rush, Jr., City Manager
SUBJECT: City Manager Comments
COVID Update
As of March 2, there have now been 2,626 cumulative COVID cases in the Big Bear Valley since March 2020. Thankfully, the number of new cases has decreased significantly, with only 16 new cases reported in the one-week period between February 23 and March 2.

There are a total of 18,941 residents in the Big Bear Valley, and thus at least 13.9% of the population (approximately 1 out of every 7.2 people) has now contracted COVID at some point in the last two years. The overall incidence of COVID in the Big Bear Valley is lower than San Bernardino County as a whole, where at least 25.9% of the population (approximately 1 out of every 3.9 people) has contracted COVID. Overall in California, at least 21.2% of the population (approximately 1 out of every 4.7 people) has contracted COVID.

There have been a total of 49 deaths attributed to COVID to date in the Big Bear Valley. This equates to 0.25% of the population (approximately 1 in every 387 people). In San Bernardino County as a whole, a total of 6,550 deaths have been attributed to COVID, or 0.30% of the population (approximately 1 in every 330 people). Overall in California, a total of 84,928 deaths have been attributed to COVID, or 0.21% of the population (approximately 1 in every 465 people).

With most COVID restrictions already eliminated or soon to be eliminated, society now appears to have evolved to a position of accepting and managing the risk presented by COVID. It is likely this will continue to be the case in the future, at least until the next very significant outbreak.

COVID Vaccinations
As of March 2, COVID vaccinations are as follows (% of residents over age 5):

City of Big Bear Lake 82.6% at least one dose 68.2% fully vaccinated Big Bear City 45.0% at least one dose 38.8% fully vaccinated Fawnskin 62.2% at least one dose 54.9% fully vaccinated Sugarloaf 36.7% at least one dose 32.3% fully vaccinated San Bernardino County 66.4% at least one dose 57.1% fully vaccinated State of California 83.1% at least one dose 73.8% fully vaccinated.

The City continues to partner with San Bernardino County to offer vaccinations at City Hall. The schedule for vaccination events is as follows, from 10 am – 2 pm:

Friday, March 18
Friday, April 8
Friday, April 29.

Appointments are recommended (www.myturn.ca.gov) but not required.

It should be noted that these events are subject to weather conditions. Inclement weather may lead to postponements or cancellations.

City Hall Testing Events, Test Kits
With the significant decrease in demand, there are no City Hall testing events scheduled for the foreseeable future. The City does continue to offer free at-home test kits, and these are available for pick up in the front lobby of City Hall.

Position Vacancies
We currently have a total of 6 vacant positions across the City organization: a Senior Administrative Analyst in Administrative Services, a Senior Administrative Analyst in City Clerk / Human Resources, a Counter Technician in Community Development, and a Principal Planner in Community Development. We also now have 2 vacant Facilities / Parks Maintenance Worker positions in Public Works (candidates were recently selected, however one individual resigned after the first day and the other individual did not pass the background check).

In an effort to improve customer service, we are considering the conversion of the vacant Counter Technician position into a second Building Inspector position. This change can be accomplished within the existing budget for the Community Development Department, and is intended to reduce the City’s reliance on outside consulting services, bring more plan review services in-house, enable City staff to build better relationships with our customers, improve communication regarding current project status with our customers, and result in timelier service. Ultimately, our goal is to help our customers move their projects along in a quicker, easier, and code-compliant manner.

January Budget Report
A copy of the January monthly budget report is attached. There are no significant budget concerns for FY 2021-22 at this point.

January Vacation Rental Compliance Report
A copy of the January vacation rental compliance report is attached. City staff in the Tourism Management Department continue to work hard to effectively enforce the City’s vacation rental ordinance. There were a total of 33 citations issued in January, with a total value of $78,500.

Concerns expressed by residents continue to be significantly below levels experienced in 2020.

February Public Records Act Report
A copy of the February public records act request report is attached. City staff are working to honor all of these requests in a reasonable time frame, however, the volume of requests continues to be higher than historically experienced by the City prior to 2021.

February PIO Report
A new monthly report summarizing the City’s public information efforts is attached, and will be provided to Council on a monthly basis in the future.

DWP Monthly Report
A copy of the DWP monthly report is now attached, and will be included with future “City Manager Comments”. This report is included in the monthly DWP agenda packet that Council receives and is available for public review, but will now also be included as an attachment to this memo.

City Budget / Capital Planning Workshop – Monday, March 21 This meeting is a regular City Council meeting, and is scheduled to begin at 6 pm, the normal meeting time. Please let me know if Council would like to reschedule this meeting for an earlier start on March 21.

Paid Parking Proposal for The Village
Larry Vaupel and I met with a group of Village business owners on February 11 to discuss a paid parking proposal, and received helpful feedback from the group. We are currently working to refine the proposal(s), and have another meeting with the group scheduled for Monday, March 14.

As noted previously, the current concept includes the use of a QR code parking fee collection system in some or most of the 805 parking spaces in The Village, with some number reserved as free parking for residents and employees. Based on feedback from the Village business group at our first meeting, various options are being considered, including an incremental implementation, the first hour being free, and more.

As one might expect, there are a variety of opinions about this issue, and it ultimately may not be possible to reach consensus. If we can, in fact, reach some consensus among the group, we will schedule a Council discussion of this proposal on the March 21 meeting agenda.

Solid Waste Service Agreement
City staff are currently awaiting the submission of a formal proposal from Big Bear Disposal for a new long-term agreement. The formal proposal will implement the service enhancements recently discussed by the City Council. City staff will review and analyze the proposal, and likely present the proposal to City Council for review at the April 4 or May 2 meeting.

Unfortunately, the City’s recent RFI process did not identify any other solid waste companies with interest in providing service in Big Bear Lake.

Bear Valley Mutual Lease
The agreement was executed by the City on December 8, thus beginning the 6-month due diligence process, which will expire on June 8, 2022.

The due diligence process is proceeding well thus far. A Phase I environmental review has been completed, and did not reveal any significant environmental concerns on the property. The consultant has indicated that a Phase II review is not necessary.

The City’s initial review of financial information submitted by Bear Valley Mutual indicated that the City should expect approximately $340,000 of annual rental income from existing leases in place on the 19 acres, and that annual expenses should be less than annual rental income. I have tasked the City’s Director of Administrative Services with a more comprehensive analysis of the financial issues, and this process is nearing completion.

We have also met with the owners of the two restaurants located on the property. The existing restaurant leases expire in February 2024, and the owners have requested that the City consider an extension of the leases. I informed the owners that, at my level, I am open to a possible extension, however, no decision on an extension would be made until after the City actually acquires control of the property (after June 8).

City staff conducted a meeting with many of the residential tenants in the Leisure Bear Mobile Home Park on March 1, and received helpful feedback from the group. Mayor Herrick and Mayor Pro Tem Mote also attended. Many of the concerns expressed have to do with creating some degree of certainty regarding their future, as well as several maintenance projects that might be helpful. City staff are compiling a list of expressed maintenance concerns, and this list will be shared with City Council prior to the end of the due diligence process. The vast majority of the concerns expressed are likely relatively easy to address, and I am confident that the City’s management of the mobile home park will ultimately result in improved living conditions for all tenants in the park. I have tasked City staff with considering the inclusion of funding for repairs and improvements in the City’s FY 2022-23 budget that Council will consider later this spring.

Perhaps the most significant item remaining in the due diligence process is a determination regarding the management of existing leases on the property. Our preferred approach is to continue as many (hopefully all) existing Bear Valley Mutual contractual arrangements for the management and maintenance of the property, and then gradually evaluate opportunities for savings and/or service improvements in the future. For the long term, we are considering two potential approaches – a) utilizing the approximately $340,000 of annual rental income to hire additional personnel in the Administrative Services and Public Services departments to manage the property, or b) hiring a professional property management company to manage all aspects of the property.

Boardwalk Repairs Completed For Second Vehicle Accident Surprisingly, a second motor vehicle accident in two months caused additional damage to the Stanfield Marsh Boardwalks on February 3. Fortunately, the MWD took the lead on completing repairs for this damage, and the repairs have already been completed. MWD expects the cost of these repairs to be fully reimbursed by insurance (minus the deductible).

Staff from both agencies continue to work with legal counsel to complete the transfer of these assets, including the boardwalks and adjacent land, to the City. We anticipate that this will be completed within the next month.

Park Amenities Discussion / Moonridge Amenities Selection At the April 4 meeting, City staff will present an overview of various park amenities (benches, lighting, trash receptacles, signage, etc.) currently in use in City parks, and lead the Council in a discussion of establishing a new standard for these items in the future.

In addition, City staff recently met with Mayor Pro Tem Mote and Council Member Melnick to review options for lighting, benches, trash receptacles, signage, and more for the Moonridge project, and identified preferences for all amenities. City staff are completing additional analysis of these items, and we expect to present final selections to City Council at the April 4 meeting.

Selection of Consultant for Development of New Community Vision The City received proposals from 6 firms, and a committee consisting of Mayor Herrick, Planning Commissioner Michael Beveridge, and City staff recently reviewed the 6 proposals and narrowed the list to 2 firms. The committee will interview the two firms within the next two weeks, and a contract recommendation will be presented to the City Council at the April 4 meeting.

Appointment of Citizen Steering Committee for New Community Vision The City will soon advertise for members of this new steering committee, with a goal to have the new committee seated by either April 4 or April 18.

Because the committee is so large, I recommend that Mayor Herrick be tasked with appointing the committee members, perhaps with the assistance of one other Council member (similar to the process utilized to appoint the Economic Development Advisory Committee).

We had been tentatively planning on a “kick-off” event for the new community vision for the April 18 City Council meeting, at which the City Council, Planning Commission, and appointed members of the Steering Committee would receive an introductory presentation from the selected consultant. We are still working toward this schedule, however, the consultant selection process has been slightly delayed and this meeting may need to be postponed. We will have a better sense of the timing of this meeting after the selected consultant is identified in the next week or two.

Electric Vehicle Charging Stations
The new charging stations are expected to be installed before the end of March in the Bartlett and Pennsylvania parking lots.

Potential Creation of New Zone Specifically for Workforce Housing I am currently exploring the potential creation of a new zone to specifically encourage the construction of new multi-unit workforce housing in the City. The basic concept is essentially to carefully and thoughtfully identify existing underutilized commercial and/or vacant parcels in the City that would benefit from new or redevelopment, away from existing single-family neighborhoods, and specifically allow a higher housing unit density in these areas. The approval process would intentionally be structured to be ministerial, relatively quick, and with regulations targeted at addressing only the most important community concerns (low building height, attractive exterior, sufficient parking, and only a handful of others).

I have tasked City Attorney Todd Leishman and Community Development Director Sue O’Strander with development of specific ordinance language and a map of targeted properties, and hope to present this concept to the Planning Commission later this spring.

Big Bear Valley-Wide TOT Ballot Measure
City Council has previously expressed interest in identifying a reliable and meaningful funding stream for both the Replenish Big Bear project and for the Big Bear Fire Authority, and TOT is likely the most viable revenue source for both. Because the Replenish Big Bear project will benefit the entire Big Bear Valley and because the Big Bear Fire Authority serves nearly the entire Big Bear Valley, I have been pursuing the potential creation of a new “TOT district” that includes the entire land area of the Big Bear Valley (the City limits and all unincorporated areas between the dam, the Mitsubishi plant, and Onyx Summit). If there is support from San Bernardino County Supervisor Dawn Rowe, and ultimately the entire County Board of Supervisors and the City Council, I could envision a potential ballot measure appearing on the ballot in November 2022, or, more likely, a later date.

At my level, I would envision a 1% TOT levied across all overnight accommodations in the Big Bear Valley, with one-half to two-thirds of the proceeds allocated for Replenish Big Bear, and one-third to one-half allocated for the Big Bear Fire Authority. Because both of these serve the entire Big Bear Valley, and if a TOT is the desired funding source for both, a Big Bear Valley- wide TOT would appear to be the fairest approach to providing funding for both. A new 1% Big Bear Valley-wide TOT could potentially generate approximately $1.0 - $1.6 million or more for these efforts.

Potential TOT Ballot Measure
City staff continue to consider a potential City TOT ballot measure, and plan to discuss this issue more with the City Council at the March 21 budget workshop meeting in conjunction with the development of the FY 2022-23 City budget and the updated draft of the 5-Year Capital Replacement / Improvement Plan.

Based on previous City Council discussion, we are working toward a 2% City TOT increase, with the proceeds targeted for public safety and capital projects. City Council may also want to reconsider allocating some proceeds toward workforce housing initiatives.

Each 1% increase in TOT is expected to generate approximately $800,000 - $1.2 million.

Potential Code Amendment to Allow Mobile Retail Activities? City ordinances do not currently allow mobile retail activities in the City limits, and the City has received a request to allow such activities in the future. This restriction is codified in Title 10 of the Municipal Code, and any amendments would be considered directly by the City Council.

Please let us know if you’d like City staff to analyze this issue and present a possible ordinance amendment for Council consideration at a future City Council meeting.

Potential Future Agenda Item Tracker
Tentative; currently known items for tracking purposes only. List subject to change depending on emerging circumstances, new issues, new requests. Represents best estimate at this time.

Item / Requested / Target
Issue Initiated By Meeting Date
FY 2022-23 Budget Workshop City Manager / Staff March 21 Review Current Year, Projection for Next Year
Draft 5-Year Capital Plan City Manager / Staff March 21 TOT Increase Discussion City Manager / Staff March 21
Potential Paid Parking In Village / City Manager / Staff March 21 Village Deficit
Visitor Data Comparison Presentation City Manager / Staff March 21 City Maintenance of SR 18? City Manager / Staff March 21 Planned Bicycle Path Projects City Manager / Staff March 21 Castle Rock Trailhead Improvements City Manager / Staff March 21 Future Park Development City Manager / Staff March 21
City Employee Housing Assistance / Incentive City Manager / Staff March 21 Lakeview Drive Easement City Manager / Staff April 4
Stanfield Cutoff Roundabout MOU City Manager / Staff April 4 Moonridge Easements City Manager / Staff April 4
CA 4 All – Youth Workforce / Trails Grant City Manager / Staff April 4 Pedestrian Village Council Members April 4
Mote / Melnick
Redistricting Map Adoption City Manager / Staff April 4 Street Striping Contract City Manager / Staff April 4
League of Cal Cities Resolution City Manager / Staff April 4 Opposing Statewide Ballot Measure
Ordinance Allowing Demonstration Areas City Manager / Staff April 4 in Commercial Zones
Clean California Grant City Manager / Staff April 4
Adopt New District Election Maps City Manager / Staff April 4 Community Visioning Consultant Contract City Manager / Staff April 4 Park Amenities Discussion City Manager / Staff April 4
TOT Increase Initial Actions City Manager / Staff April 4 Pedi-Cab Application City Manager / Staff April 4
Kickoff Community Visioning, General Plan, City Manager / Staff April 18 Invite Planning Commission?
Big Bear Disposal Solid Waste Proposal City Manager / Staff May 2 Construction Contract Award – Castle Rock City Manager / Staff May 2 Goldmine Music Festival Presentation Third Party May 2
David Stroud
Mobile Home Park Enforcement Ordinance City Manager / Staff May 2 Review Due Diligence for 19-Acres City Manager / Staff May 2 Health Insurance Plan Agreements City Manager / Staff May 2 Present FY 2022-23 Recommended Budget City Manager / Staff May 2 Proposed FY 2022-23 Fee Adjustments, City Manager / Staff May 2 Comprehensive Fee Schedule
New Labor Agreement City Manager/ Staff May 2
TOT Ballot Measure Resolution City Manager / Staff May 2 Building and Safety Month City Manager / Staff May 2
Contract Award – On-Call Consultants City Manager / Staff May 2 Economic Development Advisory City Manager / Staff May 2 Committee Work Plan
Zoning Amendments to Allow Higher Density, City Manager / Staff June 6 Other Housing Incentives, Apartments?
Increase Contract Award Thresholds, City Manager / Staff June 6 Revise Bid Authorization Procedures, etc.

Determine Use of Iris Drive Property City Manager / Staff June 6 FY 2022-23 Budget Adoption City Manager / Staff June 6
FY 2022-23 Fee Amendment Adoption City Manager / Staff June 6 New General Plan? City Manager / Staff Uncertain
Employee Compensation Study Teamsters Uncertain
Records Retention Policy City Manager / Staff Uncertain City Clerk Employment Agreement City Council Uncertain
ADUs with Vacation Rentals City Manager / Staff Uncertain Offer City-Owned Properties for City Manager / Staff Uncertain Workforce Housing?
Amend Noise Ordinance City Manager / Staff Uncertain
Purchase Meeting Broadcast Equipment City Manager / Staff Uncertain Simplify Special Event Fees City Council Uncertain
Comprehensive City Personnel Policy / City Manager / Staff Uncertain Standardized Contracts
Berm Reduction Policy Council Member Mote Uncertain
Clarify City Maintained Streets City Manager / Staff Uncertain Vacation Rental Economic Impact Study City Manager / Staff Uncertain Absorb Credit Card Fees City Council Budget Process
Rent vs. Purchase Snow Removal Equipment City Manager / Staff Budget Process Contract vs. Staff Snow Removal City Manager / Staff Budget Process DWP / City Equipment Sharing City Manager / Staff Budget Process Year‐to‐Date (YTD) Period 6 Current Total Percent of YTD to Notes on Budget YTD Budget Budget Deviations

REVENUES
Property Taxes $4,510,600 $2,587,034 57% ($1,923,566) 1 Sales and Use Tax         2,824,000         1,461,717 52% (1,362,283)          2 Transient Occupancy Tax         4,862,000         3,480,423 72% (1,381,577)          3 Other Taxes         1,017,400             438,585 43% (578,815)              4 Subventions             614,300               23,212 4% (591,088)              5 Building Permits and Fees             332,400             293,238 88% (39,162)                6 Licenses and Permits         1,435,100         1,056,536 74% (378,564)              7 Current Service Charges             879,045             467,777 53% (411,268) Other Revenue             408,240             236,473 58% (171,767) Interfund Transfers         1,245,290             370,697 30% (874,593)              8 Appropriations from Reserves              ‐ 200,000                      0% (200,000) Appropriations from Fund Balance          ‐ 2,720,066                      0% (2,720,066)          9 TOTAL REVENUES $21,048,441 $10,415,692 49% ($10,632,749)

EXPENDITURES AND ENCUMBRANCES
Management Services
City Council $198,100 $98,554 50% ($99,546)
City Manager             263,350             152,738 58% (110,612) Public Information             146,000               30,725 21% (115,275)              10 Law Enforcement         5,389,100         2,796,248 52% (2,592,852) City Attorney             280,000             157,953 56% (122,047) Support Services             659,450             398,352 60% (261,098) Administrative Services         2,300,780         1,230,753 53% (1,070,027) Public Services         4,057,107         2,155,615 53% (1,901,492) Tourism Management         1,400,900             775,439 55% (625,461) Planning & Inspections         1,762,390         1,015,746 58% (746,644) Contributions to Reserves                      ‐ ‐                      0%                       ‐ Interfund Transfers         4,591,264             672,205 15% (3,919,059)          11 TOTAL EXPENDITURES AND ENCUMBRANCES $21,048,441 $9,484,327 45% ($11,564,114) NOTES:
1 Revenue received via the property tax roll. Majority received semi‐annually in December and April. 2 Timing difference. Sales Tax payments remitted to the state are distributed to local jurisdictions once processed by CDTFA. 3 Transient Occupancy Tax remittances due the month following the close of the payment period. 4 Timing of franchise fee payments. On track with revenue projection. 5 Budget includes future MWD contribution for boardwalk maintenance. 6 Seasonal building permit activity.
7 Timing of annual vacation rental permit renewals.
8 On track with revenue projection. Snow reimbursement received annually in March. 9 Fund Balance will be applied at year‐end if necessary. 10 Public Information Office position filled in January 2022. 11 Interfund transfers for Capital Projects are processed periodically throughout the project cycle.

Monthly Budget Report ‐ General Fund
January  2022
58% of Fiscal Year Complete
1 of 4
Year‐to‐Date (YTD) Period 6 Current Total Percent of YTD to Notes on Budget YTD Budget Budget Deviations

REVENUES
Licenses and Permits $13,500 $9,515 70% ($3,985) 1
Current Service Charges         5,991,000         3,685,495 62% (2,305,505)          2 Other Revenue               40,000                 5,288 13% (34,712)                3 Appropriations from Reserves             ‐ 496,500                      0% (496,500) Appropriations from Fund Balance            ‐ (277,304)                      0% 277,304               4 TOTAL REVENUES $6,263,696 $3,700,298 59% ($2,563,398)

EXPENDITURES AND ENCUMBRANCES
Public Services $2,014,190 $1,280,662 64% ($733,528) 5
BBARWA Contract         2,831,000         1,457,444 51% (1,373,556) Contributions to Reserves                      ‐ ‐                      0%                      ‐ Interfund Transfers         1,418,506            399,091 28% (1,019,416)          6 TOTAL EXPENDITURES AND ENCUMBRANCES $6,263,696 $3,137,196 50% ($3,126,500) NOTES:
1 Seasonal permit activity.
2 Revenue received via the property tax roll. Majority received semi‐annually in December and April. 3 Year‐to‐date represents two quarters of interest earnings and lower interest rates. 4 Fund Balance will be applied at year‐end if necessary. 5 Annual insurance premiums payable in July.
6 Interfund transfers for Capital Projects are processed periodically throughout the project cycle.

Monthly Budget Report ‐ Sanitation
January  2022
58% of Fiscal Year Complete
2 of 4
Year‐to‐Date (YTD) Period 6 Current Total Percent of YTD to Notes on Budget YTD Budget Budget Deviations

REVENUES
Service Charges and Other Revenue $3,637,200 $2,062,845 57% ($1,574,355) 1 Appropriations from Reserves                      ‐ ‐                      0%                      ‐ TOTAL REVENUES $3,637,200 $2,062,845 57% ($1,574,355)

EXPENDITURES AND ENCUMBRANCES
Public Services $1,128,740 $552,643 49% ($576,097)
Big Bear Disposal Contract         2,326,100         1,148,977 49% (1,177,123) Interfund Transfers            105,000               61,250 58% (43,750)                2 Contributions to Reserves                      ‐ ‐                      0%                      ‐ Contribution to Fund Balance                ‐ 77,360                      0% (77,360) TOTAL EXPENDITURES AND ENCUMBRANCES $3,637,200 $1,762,870 48% ($1,874,330) NOTES:
1 Revenue received via the property tax roll. Majority received semi‐annually in December and April. 2 Interfund transfers for Capital Projects are processed periodically throughout the project cycle.

Monthly Budget Report ‐ Refuse
January  2022
58% of Fiscal Year Complete
3 of 4
Year‐to‐Date (YTD) Period 6 Current Total Percent of YTD to Notes on Budget YTD Budget Budget Deviations

REVENUES
Transient Occupancy Tax $1,620,000 $1,160,267 72% ($459,733) 1 Other Revenue               22,400                 4,957 22% (17,443)                2 Appropriations from Fund Balance             ‐ 784,574                      0% (784,574)              3 TOTAL REVENUES $2,426,974 $1,165,224 48% ($1,261,750)

EXPENDITURES AND ENCUMBRANCES
Interfund Transfers $2,426,974 $53,298 2% ($2,373,676) 4 TOTAL EXPENDITURES AND ENCUMBRANCES $2,426,974 $53,298 2% ($2,373,676) NOTES:
1 Transient Occupancy Tax remittances due the month following the close of the payment period. 2 Year‐to‐date represents two quarters of interest earnings and lower interest rates. 3 Fund Balance will be applied at year‐end if necessary. 4 Interfund transfers for Capital Projects are processed periodically throughout the project cycle.

Monthly Budget Report ‐ Measure Y
January  2022
58% of Fiscal Year Complete
4 of 4

Tourism Management Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com January 2022 Vacation Rental
Compliance Report Summary
January 2022 Summary Number/$ % of Total
City Initiated Concerns 28 20%
Resident Concerns 111 80%
Total Concerns 139
Noise/Party/Spa 37 27%
Parking 40 29%
Over Occupancy 6 4%
No License 8 6%
No In-person Check-in 6 4%
Other (TOT, ads *, exterior sign, zoning) 42 30%
Citations Issued 33 24%
Citation Fines & Penalties $ 78,500
* Staff reviewing ads for compliance at renewal. 22 violations January 2022 Concern Submission Platform
Total Concerns 139
Phone Call 79 57%
Web Form 13 9%
Email 6 4%
Mobile App 13 9%
City-initiated 28 20%
Jan 2022 Supply Nights 98,579
Jan 2022 Demand Nights 54,532
Jan 2022 Occupancy Rate 55%
Occupied Nights per Complaint 491
% Occupied Nights with No Complaint 99.80%
Tourism Management Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com January 2022 Citation Recipients
Total Citations 33
Owner 19 58%
Guest 9 27%
Agent 5 15%
Supply Nights** January Demand Nights**
2021 2022 % Chg 2021 2022 % Chg
83,135 98,579 18.6% 53,051 54,532 2.8%
Occupancy Rate**
2021 2022 % Change
67% 55% -17.7%
Average Daily Rate** RevPAR*
2021 2022 % Chg 2021 2022 % Chg
$ 594 $ 565 -4.8% $ 399 $ 312 -21.8%
*RevPAR is Revenue Per Available Rental = ADR * Occupancy Rate *Data Source: Airdna - Includes all entire place properties advertised on Airbnb and VRBO (incl. lodges). *Source: Airdna - Includes all entire place properties listed on Airbnb and VRBO (incl. lodges).

Year-over-Year
Comparison
Resident
Concerns
Nights
Booked*
% with No
Concern Reported
Booked Nights per
Reported Concern
% Decrease in
Reported Concerns
January '22 111 54532 99.80% 491
January '21 255 53051 99.52% 208 56%
Comparison -144 +1481 +.28% +283
Tourism Management Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com Dotted line indicates trendline.

Dotted line indicates trendline.

Tourism Management Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com

2021
Month
Resident
Concerns
Nights
Booked
% with No Concern
Reported
Booked Nights per
Reported Concern
January 255 53051 99.52% 208
February 89 48487 99.82% 545
March 93 42098 99.78% 453
April 71 29590 99.76% 417
May 86 28947 99.70% 337
June 130 33246 99.61% 256
July 210 43498 99.52% 207
August 153 35167 99.56% 230
September 78 27498 99.72% 353
October 54 29192 99.82% 541
November 72 33048 99.78% 459
December 84 53969 99.84% 642
Totals 1375 457791 99.70% 333
Tourism Management Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com * Staff reviewing ads for compliance at renewal. 22 violations.

Date Rec'd Details of Request Requesting Party Response Date Outcome of Request Total Logged Staff
Time (estimated)
Expense for IT
Support &
Legal
Assistance
(estimated)
NOTES
17-Sep-21
various items, including:
correspondence between
Councilmember Lee and other
Councilmembers/staff/DWP Board
Members; Councilmember Lee
FPPC Forms; all public record
requests received and materials
produced; all PRA requests
submitted by Councilmember Lee;
expense report information re:

Councilmember Lee
Tara Paul - Allen
Matkins Leck Gamble
Mallory & Natsis LLP
Rolling
Production
PENDING: Rolling
Production/ Letter
requesting extension for
determination letter sent
via email on 9/27/21 -
FPPC forms sent on 9/27 ;
Determination letter sent
on 10/11/21 &
subsequent letter with
additional documents
sent on 10/12/21;
production of records
sent 11/12/21; 12/9/21;
11/13/22; 2/11/22
BBK is assisting
with this
request - total
spent (thus far,
esimated):
$6,755.00

NEXT PRODUCTION
TO BE SENT ON:
3/17/2022
17-Dec-21 retail strategies agreement and
invoices paid Alan Lee agreement sent; invoices
still pending
17-Dec-21 staff salary and benefit
information Alan Lee responsive records sent
via email 31.5 hours
11-Jan-22
Phase I Environmental Site
Assessments: 40986 Big Bear
Boulevard
Essel; Marc Belanich 2-Feb-22 10 mins
11-Jan-22 "red tag" list of properties Jade Davis 8-Feb-22 responsive list sent 3.5 hours 18-Jan-22 39994 Forest Road Scott Bradford
final
production:
2/8/2022
responsive records sent
via email 5 hours
19-Jan-22
ANY communication (including
personal email accounts and text
messages) between Councilman
Alan Lee and the following people:

Tal Finney, Shaune Arnold,
Amanda Donnelly, Armen
Hovanessian, Sergio Valdez, David
Simmering, Chuck Robillard, Dan
Dover, Steven M Shriver, R. Bruce
Tepper”
Pat Prodrouzek 22-Feb-22
PENDING - First response
letter sent via email on
Jan. 25 - determination
letter sent on Feb. 8 -
responsive records
produced on 2/22/2022

2.5 hours
Intelesys (IT)
assistance for
email search =
$285.44
BB&K cost:
$204.40
February 2022 Records Request Log
Below is a list of records requests that have either been received during the month of February, completed during the month of February or are considered as "rolling productions" in which responsive documents have been sent during the month of February. 20-Jan-22
All communications from Alan Lee
that he has sent via Facebook
messenger that are related to City
business or include the following
people: Marta Grunsky, Paul
Sokoloff, Colin Sarjeant, Shelly
Black, Jim Hart, Sue Hart, Kimberly
Kidd, Rick Herrick, Bynette Mote,
Randy Putz, Perri Melnick; Any and
all posts Alan has made regarding
City business in private groups
including but not limited to: BBL
United to Limit Short Term Rentals;
a list of all private FB groups he is
apart of; all public records
requests made by Alan; all public
requests regarding or related to
Alan Lee
Pat Prodrouzek 24-Feb-22
First response letter sent
via email on Jan, 25 -
determination letter and
records request logs sent
on Feb. 10 - additional
sent on 2/24/2022

2.5 hours
19-Jan-22 all records on file; 41072 Big Bear
Boulevard Michael Sterling Eaton PENDING 2 hours

NO EMAIL -

REQUESTOR
DIDN’T ANSWER

CALL AND CANT

LEAVE VOICEMAIL
21-Jan-22 873 Edgemoor - copy of plans Cristal Pallares 2-Feb-22 no plans discovered 45 mins 24-Jan-22
and all City documents to / from or
about any person using the name
"Pat Prodrouzek" including but not
limited to any response to their
request.

Colin Sarjeant 24-Feb-22
initial response letter
sent on 2.1.2022 - rolling
production- first
production sent on

2.11.2022; final
production sent on
2/24/2022

3.75 hours

INTELESYS (IT)
assistance for
email search:
$133.12
BB&K cost:
$795.50
25-Jan-22

ALL WRITTEN CORRESPONDENCE
from personal & public email
accounts addressed and sent from
Councilmen Alan Lee for the period
of 12/1/20-1/27/22 & A detailed
accounting of how many public
records requests have been filed
by Alan Lee for the period of
12/1/2020-1/27/22 and the
expense incurred by the City of Big
Bear Lake for time, labor and
materials of city staff for
processing these requests
Patrice Duncan
PENDING - initial
response letter sent on

2.2.2022 - rolling
production - production
sent on 2.25.2022; next
production to be sent on
or before 3/25/2022
5 hours (so far)
Intelesys (IT)
support:
$202.24
3/25/2022
25-Jan-22 any and all permits; 531 Cienega
Road Lianne Sesa 9-Feb-22
responsive records sent
via email/no orginal
building permits;
recommended requestor
reach out to County
1 hour
26-Jan-22 Business Licenses - Village Property
Management Lillian Kathy Armsby 1-Feb-22
Business licenses were
redacted and sent via
email
25 mins
28-Jan-22 39545 Forest Road/222 Scandia
Road Daniel Park 11-Feb-22 responsive records sent via email 1 hour 28-Jan-22 permits; 39975 Ohio Lane Lisa McGurrell 10-Feb-22 discovered records sent
via email - structure built
prior to incorporation so
no original building
permits on file
45 mins
31-Jan-22 permits; 837 Boulder Road Cindy Pearson 10-Feb-22 responsive records sent
via email; requestor told
to contact county for
original building permits
and plans
1 hour
31-Jan-22 all records related to building;
42518 Gold Rush Mike Loyo 10-Feb-22 responsive records sent via email 1 hour
31-Jan-22
All of the Constant Contact COVID19 updates/media releases and the list of media outlets they were
released to
Alan Lee 3-Feb-22 response sent via email
on 2/3/2022 1 hour 15 mins
1-Feb-22
Please provide access to all
permits and permit applications
for fireworks/pyrotechnics
discharged over or adjacent to Big
Bear Lake for the last five years;
Please provide access to all
communications (including emails)
regarding grants or expenditure of
funds toward fireworks events
over or adjacent to Big Bear Lake
(including the July 4th fireworks)
for the last five years;Please
provide access to any
environmental review documents
(including CEQA documents)
associated with fireworks events
over or adjacent to Big Bear Lake.

Livia Beaudin
Rolling production: first
production of records
sent on 2/25/22; next
production is 3/18/2022
45 mins (thus far) 3/18/2022
3-Feb-22
list of all building permits issued
for new residential construction
for 2020
Robert Ferrera 22-Feb-22 new residential building
log (2020) sent via email 15 mins
3-Feb-22 job cards, permits; 42725
Tannenbaum Tehmina A. 23-Feb-22 responsive records sent via email 2.5 hours
3-Feb-22 Building permit data for FY
2020/21 Barry Hutchins 9-Feb-22
building permit logs for
2020 & 2021 sent via
email
45 mins
3-Feb-22 copies of ordinances related to:
social host and synthetic drugs Jesse Rogers 9-Feb-22
Ordinance No. 2012-419
and Ordinance No. 2016-
447 sent via email
15 mins
4-Feb-22
history of 637 ST Moritz related to
short term rental activity or
hisotry: registry information,
tot/tbid information, code calls,
permit history in last 10 years for
remodeling
"Alan Lee Bad for Big
Bear" 22-Feb-22 responsive records sent
via email I hour
4-Feb-22 email addressess for all current
vacation rentals that are registered "Recall Alan Lee" 11-Feb-22 list of email addresses of
property managers sent
via email
45 mins
4-Feb-22

1. employment contract, including
salary, benefits, supplemtnents,
and amendments, and description
of scope and duties to be
performed/ 2. form 700, Assuming
Office and current filing/ 3. all
letters, emails, text, fax,
memoranda, proposals, notes
memoralizing conversations both
personal and telephonic, between
Rush, the City Clerk and
Councilmmbers Mote, Putz, and
Herrick regarding $20,000 bonus
and merits of award/ 4. all city
credit card receipts, statements
and reimbursement reuests

10.2020-11.2021/ 5. all letters,
emails, text, fax, memoranda,
proposals, notes memoralizing
conversations, both personal and
telephonic, regarding STR Ballot
proposal polling and polling
results, concept testing and
results, impact marketing
measurements and results
Dennis Large 3/1/2022
rolling production - initial
response letter sent on

2.14 with FORM 700s and
contract information; last
response letter sent on
3/1/2022

1.5 hours
IT Support
(email
discovery):
$162.56
4-Feb-22
form 470 and 410 for 2018 City
Council Election and current Form
700 (Herrick and Putz)/ Form 470 &
410 for 2020 election and current
700/ Ryan Orr: Employment
Contract and Form 700
Dennis Large 14-Feb-22 response sent on
2/14/2022 2 hours
7-Feb-22 permits and plans; 40715 Big Bear
Boulevard Daniel Easterby 23-Feb-22 responsive records sent via email 45 mins 7-Feb-22
all documents related to the
construction of a single family
residence; 205 Lagunita Lane
Ryan Guiboba 2/25/2022 PENDING 2.5 hours
7-Feb-22 Code Compliance Notices; 530
Wren Walt Dwyer 22-Feb-22 no records to produce
7-Feb-22 292 Crystal Lake road; permits Walt Dwyer 22-Feb-22 responsive records sent via email 45 mins
10-Feb-22
appeal paperwork filed by Tal
Finney on behalf of Big Bear Lake
Together to the Planning
Commission; receipt for payment
made to file appel
"Expose Big Bear Lake
Together" 16-Feb-22 appeal paperwork sent
via emails 45 mins
10-Feb-22
22 years of emails to/from: Council
and City Manager (1.1.2000-

2.10.2022) & all text message
exchanges between Council and
City Manager ( 1.1.2000 to

2.10.2022)
Linda Echols -
American Institute of
Quality Public Service

PENDING
10-Feb-22
any and all signatures who sign the
Big Bear Lake United to limit shortterm rentals initiative Theodore Trentman response letter sent - no
responsive documents to
provide as initiative
signatures are
confidential
15 mins ATTORNEY

FEES TBD
11-Feb-22 site map and full set of plans;
43346 Buffalo Trail Dustin Blauer 1-Mar-22 site plan sent via email 25 mins 18-Feb-22
retaining wall permit between the
following properties: 43397 Shasta
Road and 43399 shasta road
Jason Anderson 1-Mar-22 no responsive records 20 mins
21-Feb-22
all open code violations concerning
high grass or weeds on residential
property from 7/1/2021-
12/31/2021
Vic Realty Group PENDING 3-Mar
22-Feb-22 permits (2017) for remolded unit -
625 Pine Knot Avenue (F) Traci Fuller 25-Feb-22 records request closed - no records responsive
22-Feb-22 39938 Lakeview Drive - permits &
plans Daniel Kronfli PENDING 8-Mar
22-Feb-22
all TOT tax returns from the hotel
at 40650 Village Drive "Holiday Inn
Resort the Lodge at Big Bear Lake"
from 2014- 2021
Lake Bear THC, LLC c/o
Matt Walker PENDING

DETERMINATION

LETTER DUE ON
MARCH 3
24-Feb-22 property blueprints: 42606 Avalon
Road Ray Cros PENDING
25-Feb-22 site plan: 41820/41870 Garstin
Road (Hospital) Michael Mursicle PENDING
28-Feb-22 permit records: 446 shady lane Sean Noonan PENDING Public Engagement/Outreach Report – February 2022
Meetings attended:

BBARWA Special Administrative Meeting – 2/4/2022
RTAC – 2/10/2022
EDAC – 2/8/2022
Planning Commission – 2/16/2022
City Council – 2/7/2022
City Council – 2/25/2022
Social Media Summary:

The City increased its social media presence by creating accounts on TikTok, Pinterest, Linkedin and Youtube. This is in addition to the City’s existing accounts on Instagram, Facebook, and Twitter, all of which have experienced significant growth in followers and engagement.

Twitter
Stories posted to www.CityBigBearLake.com in February:

Hwy 38 Closed from Byrant to Hatchery (2/23/22)
City News Podcast, Moutain Minute, debuts (2/10/22)
Bear Valley Healthcare District offers important services to Valley residents in need (2/18/22) Conserving our Montane Forests (2/18/22)
Former Big Bear Lake Mayor left lasting impact (2/22/22) Mountain Area Transit sees ridership numbers skyrocket (2/18/22/) Replenish Big Bear creates a more sustainable future (2/18/22) Visitors to the Valley (2/18/22)
Summer road rehab program paves the way for winter conditions (2/18/22) The run down – February 7 City Council meeting summary (2/9/22) Redistricting public hearing on tonight’s city council agenda (2/9/22) Protecting our neighborhood character (2/10/22)
City of Big Bear Lake in the News
Local businesses struggle to stay open — is a housing shortage to blame? https://bigbeargrizzly.net/news/6689/local-businesses-struggle-to-stay-open-is-a-housingshortage-to-blame/ Big Bear Lake district maps more compact
https://bigbeargrizzly.net/news/6701/big-bear-lake-district-maps-more-compact/ ‘Exhausted’: In rural California, the unvaccinated and ill overwhelm hospital staff https://www.latimes.com/california/story/2022-02-06/rural-california-the-unvaccinated-andill-overwhelm-hospital-staff Fracture widening at City Hall
https://bigbeargrizzly.net/news/6788/fracture-widening-at-city-hall/ Former Big Bear Lake Mayor Neal Hertzman left lasting impact https://bigbeargrizzly.net/news/6785/former-big-bear-lake-mayor-neal-hertzman-left-lastingimpact/ Former Big Bear Lake Mayor Neal Hertzmann left lasting impact https://kbhr933.com/big-bear-news-kbhr-93-3-102-5/former-big-bear-lake-mayor-nealhertzmann-left-lasting-impact/ Big Bear Lake City Council schedules two special meetings https://bigbeargrizzly.net/news/6799/big-bear-lake-city-council-schedules-two-specialmeetings/ Big Bear Lake Water Levels Very Low, Despite Storms
https://www.nbclosangeles.com/news/local/big-bear-lake-water-levels-very-low-despitestorms/2830410/ City Podcast Episodes produced/posted in the month of February:

Mountain Minute 2/22/22 – 102+ downloads
Mountain Minute 2/15/22 – 57+ downloads
Mountain Minute 2/11/22 – 144+ downloads
Videos Produced in the month of February:

Business Owner Spotlight – Jesse Torres, Paisley Botique Boardwalk Repair
Snowplow operations
Department of Water, City of Big Bear Lake
41972 Garstin Drive, P.O. Box 1929 · Big Bear Lake, CA 92315-1929 · Phone 909/866-5050 · Fax 909/866-3184 · www.BBLDWP.com This institution is an equal opportunity provider and employer.

DEPARTMENT OF WATER

Service, Quality, Community
DATE: February 25, 2022
TO: Frank Rush, City Manager
FROM: Reginald A. Lamson, DWP General Manager
RE: DWP Monthly Update – January 2022

SERVICE DELIVERY
Water services that were provided January 1, 2022 to January 31, 2022:
15,864 Customers provided with water service.
612 Field service calls completed.
1 Main leak repaired.
1 Main leaks year-to-date 2022 2 Main leaks year-to-date 2021 4 Service leak repairs
4 Service leaks year-to-date 2022 2 Service leaks year-to-date 2021

55.07 Million gallons produced by wells.
$767,952 Processed in billings.
8,336 Accounts processed in billings.
2,287 Number of customers on E-bill
142 New Accounts (includes tenant turnover).
.550 Equivalent Dwelling Units (EDU) added to the water system. $698,296 Total Gross receipts processed.

BOARD MEETINGS
The following was approved by the Board of Water and Power Commissioners at a Regular Board Meeting on January 25, 2022:
• The Board authorized the budget adjustment and adopted Resolution No. DWP 2022-01 approving the 2022 COLA adjusted salary schedules for DWP non-contract employees. • The Board approved the Vehicle/Equipment Replacement and Reserve Plan. • The Board approve the budget adjustment and approve Amendment No. 3 for additional design and construction management services for the 2022 Pipeline Replacement project in the amount of $241,812. • The Board adopted Resolution No. DWP 2022-02 establishing the Accounting Specialist I/II and Accountant I/II job classifications and salary range placements. This action did not increase the approved FTEs.
• The Board approved the budget adjustment and approved the Second Amended and Restated MOU authorizing an additional contribution of $100,000 and defining reimbursement procedures.

February 22, 2022